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Minutes - 2003 - City Council - 01/28/2003 - Regular '/ EAGLE CITY COUNCIL Minutes January 28, 2003 ORIGINAL Mayor Merrill opens the meeting at 6:00 p.m. EXECUTIVE SESSION: 6:00 P.M. A. Discussion of pendine litieation. I.C. § 67-2345(f) Sedlacek moves to go into Executive Session for the discussion of pending litigation. Seconded by Nordstrom. Bastian: AYE; Sedlacek: AYE; Guerber: AYE; Nordstrom: AYE: ALL AYE: MOTION CARRIES.................... Council discusses pending litigation. Council leaves Executive Session at 6:55 p.m. PRE-COUNCIL AGENDA: immediately followine EXECUTIVE SESSION 1. Steven Park with Star Satellite will discuss the satellite dish which was installed on the Library's roof. Council Member Bastian introduces Steven Park with Star Satellite. Steven Park, owner of Star Satellite, there are still a few entities and people that want the big dish and the Library is one of the entity. The Library does it's teleconferencing on the big dish. This requires the larger dish. The dish can't be lowered anymore. You really can't see very much of the dish because of the 8' parapet wall. If I lower the dish anymore it will be severely blocked. The dish needs to be hit by the signal all over the dish. Some of the dish is already blocked. The Library is using the teleconferencing now. General discussion. Don Graham, Library Board, I don't know what teleconferencing the Library is doing. The architectural plans for the building show this area for all of the mechanical. General discussion. Don Graham, we are going to interview for the Library Director this Saturday. We have people to interview. General discussion. Mayor would like this item to be on the Agenda for the February 11,2003, City Council Agenda. 2. Mayor and Council's Report: Moved to the end of the Agenda. 3. City Engineer Report: In March of last year Council Member Guerber brought getting some cell tower specifications. I have a copy of Meridian's cell tower ordinance. I would like to review this with staff and bring this back to the Council at a later date. 4. City Clerkffreasurer Report: Reminder of meeting on January 30, 2003 at ACHD on Three Cities River Crossing Project. Zoning Administrator Vaughan and Building Official Mongelli are going to attend this meeting. The purchase of the water shares will take place the rlfst of February after the shares are properly transferred. 5. City Attorney Report: No report. 6. Zoning Administrator's Report: Discussion on nonconforming uses and nonconforming setbacks. General discussion. The Council would like a task force of all of the stakeholders to be organized to address these issues. Zoning Administrator will bring this issue back to the Council on the next agenda. REGULAR COUNCIL AGENDA: 7:30 p.m. 1. CALL TO ORDER: Mayor Merrill calls the meeting to order at 7:40 p.m. PlI ¡el K:\cOUNCll.IMINUTESITeJl1>Orary Minutes Work Are.\CC-Ol-28-03min.doc 2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. All present. A quorum is present. 3. 4. PLEDGE OF ALLEGIANCE: 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 January 14, 2003 C. DR-70-m MOD - Modification to the Master Sien Plan for Eaele Medallion Professional Center - Eaele Villaee LLC: Eagle Village LLC, represented by Debbie Anderson with Idaho Electric Sign Co., is requesting design review approval to modify the master sign plan for the Eagle Medallion Professional Center. This application includes the approval of three building wall signs for CustoMedica Pharmacy, The Clinic at Eagle, and American Express Financial Advisors. The site is located on the north side of State Street approximately 3OO-feet west of Palmetto Avenue at 600 and 700 East State Street. (WEV) D. DR- 73-02 - Two Storv Multi-Tenant Professional Office Buildine within Rockv Mountain Business Park - Falash Properties: Falash Properties, represented by Mike Falash, is requesting design review approval to construct a 14,616-square foot two story multi-tenant professional office building. The site is located on the southeast corner of State Street and Plaza Drive within the Rocky Mountain Business Park at 1119 East Plaza Drive. (WEV) E. DR- 75-02 - Master Sim Plan for Eaele Professional Park - Doctor Alan Miller and Doctor Joel Courtial: Doctor Alan Miller and Doctor Joel Courtial, represented by Stan Oliva with Young Electric Sign Company, is requesting design review approval of the master sign plan for Eagle Professional Park. This application includes the approval of one building wall sign for Eagle Pediatrics. The site is located on the west side of Stierman Way approximately 1oo-feet north of East State Street at 125 North Stierman Way. (WEV) F. Re-appointment of Blake Watson to the Board of Directors for the Industrial Development Corporation: Mayor Merrill is seeking Council confirmation of the fe-appointment of Blake Watson to the Board of Directors for the Industrial Development Corporation for a 3 year term to expire 2/13/05. This corrects the 1 year appointment by City Council on 2/12/02. (SKM) G. Resolution 03-02: A resolution appointing a Board member and an alternate to the Ada County Regional Public Transportation authority and the Valley Interarea Transportation authority. (SKM) PII ¡e2 K:\COUNCll.IMINUTESITemporary Minutes Work Area\CC-OI-28-O3min.doc Guerber removes Item #4B. Minutes of January 14,2003 from the Consent Agenda. Bastian moves to approve the Consent Agenda as amended. Seconded by Sedlacek. ALL AYE: MOTION CARRIES.................. 4B. Minutes of .Januarv 14. 2003. Guerber: I removed the minutes from the January 14,2003 meeting, as I was not at the meeting and need to abstain from voting. Bastian moves to approve the minutes of January 14, 2003. Seconded by Sedlacek. THREE A YES: ONE ABSTAIN: M OTI ON CARRIES.................... 5. FINAL PLATS: Bastian moves to add to the Agenda as Item #81. Revenue Sharing for Cities. Seconded By Guerber. ALL AYE: MOTION CARRIES.................... 6. UNFINISHED BUSINESS: A. Discussion of draft stipulation and withdraw of protest for the Estate of Eleanor Chase. (SEB) This item was continuedfrom the January 14, 2003 meeting. Mayor introduces the issue. City Attorney Buxton: We received a letter on January 22, 2003 from Matt Howard alleging that there was a breach of an agreement and threatening to sue the City and we responded to that with a letter dated January 23, 2003 and disagreed with that assertion and also with Mr. Howard's letter received January 22, 2003 their was a Motion to the IDWR asking to vacate the hearing and a motion for order au,thorizing discovery. It is our recommendation to the Council that you allow us to oppose that Motion. Bastian moves to instruct the City Attorney to oppose the vacation of the hearing on February 26, 2003. Seconded by Nordstrom. ALL AYE: MOTION CARRIES................. General discussion on the water issues. Bastian moves because there are material differences between the City's interpretation of the agreement between the Chase Family and Matt Howard's representations, Attorney for the Chases, I move that we direct the City Attorney to take the matter before the Idaho Water Resources Board for a determination. Seconded Sedlacek. Discussion. Bastian amends the motion to add: All previously discussed offers are off the table and the City is prepared to ask for a decision from the Idaho Water Resources Board. Seconded concurs to the amendment. ALL AYE: MOTION CARRIES............... 7. PUBLIC HEARINGS: 8. NEW BUSINESS: A. LS-3-02 - Lot Split - South Sixtv LLC: South Sixty LLC, represented by Fred Kunkler, is requesting approval of a lot split for the creation of two lots located on the north side of State Street and at the northern terminus of Dawn Street at 1601 West State Street. (WEV) Mayor introduces the issqe. Sedlacek: I am a partner in the South Sixty LLC and the applicant is my sister and brother-in- law. My father cannot be here tonight as he had unexpected surgery and I would like to help my sister through the process. PII ¡e3 K:\COUNCll.IMINUTES\TeJl1>Orary Minutes Work AreaICC-Ol-28-03min.doc Council Member Sedlacek steps down. Zoning Administrator Vaughan: Displays an overhead of the location of the parcel and the record of survey and discusses the application for a lot split. The large portion is located in the agricultural zone and the smaller portion is located in the R4 zone. It appears to be a natural division between Parcel A and Parcel B. The lot split does meet the code sections of the City Code. The site does have central sewer available but central water is not provided to the site to date. The Comprehensive Transportation Plan shows a roadway extension through the property. The Comprehensive Plan also shows a pathway along Dry Creek. Discussion on the floodway and the floodplain. The majority of the site is located outside the flood way. General discussion. Karie Arnold, applicant, there is 500' along Dry Creek on Parcel B. The lots along Dawn Street have individual wells. We would be able to have a well on this parcel. As far as Ranch Drive, that was vacated by ACHD in 1990. Dawn Street has not sidewalks. The property is not changing hands. This property has a natural division and there is no access from Parcel A to Parcel B. We would like to eliminate Site Specific No.7. General discussion. . Lynne Sedlacek, representing South Sixty LLC, discusses the road vacation by ACHD in 1990. Zoning Administrator Vaughan displays the pathway plan and discusses the pathway along Dry Creek. General discussion. Mayor: The Pathway Committee needs to walk the pathway areas that have been designated. Bastian moves to approve the Lot Split, LS-3-02 and remove Site Specific Condition #7 and remove from the map lot split record of survey "Flood way per Mike MongeUi (FEMA Coordinator) at meeting wI J. Reese 11-7-02" and provide for an executory public pathway easement on the North side of Dry Creek that would not inure to the benefit of the City until such time that the property is developed and no longer used for agriculture. This is in regards to Parcel A. Seconded by Nordstrom. ALL AYE: MOTION CARRIES.................. B. Master Plannine of Hill Road Park: Discussion and action regarding the recommendation by the Eagle Park and Pathway Committee to enter into contract negotiations with CSHQA for master planning services for the Hill Road Park site. (SKM) Mayor introduces the issue. The Park and Pathway Committee met and they have recommended entering into negotiations with CSHQA. Jim Murray, CSHQA, one of the reasons why we were selected was that we teamed up with Bob Droll whose expertise is master planning of city parks. We have worked with Bob on two other projects. We think we cap have a master plan in a week's time frame. We need to have a survey of the site. We do want to get the neighbors involved as sound travels uphill. We will have an open public session. We presented 5 different options at our interview. The team will start and end with the same three people. General discussion. Bastian moves to accept the recommendation of the Park and Pathway Committee to enter into contract negotiations with CSHQA for the master planning services for the Hill Road Park. Seconded by Nordstrom. ALL AYE: MOTION CARRIES.......... C. Discussion reeardine the DroDosal from Rockv Mountain Fitness and Recreation reeardine costs for Jr. Jazz and VoUevbaU costs. (SKM) Mayor introduces the issue. PII ¡e4 K:\COUNCll.IMINUTESITemporary Minutes Work Area\CC-OI-28-03min.doc City Clerk Moore: These programs have been completed and Rocky Mountain Fitness was requesting payment of $5,000.00, which is in the claims against the City that will be approved tonight. D. Ordinance No. 435: 1m ordinance of the City of Eagle, Idaho, amending Section 10-1-6, Eagle City Code, to provide for the adoption of the most current flood insurance study and flood insurance rate map, and providing an effective date. (MM) Mayor introduces the issue. Building Official Mongelli: This is a revision to our present ordinance and establishes the effective date of the flood plan maps the City will be using. Guerber 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 #435 be considered after being read once by title only. reads Ordinance #435 by title only. Seconded by Sedlacek. ALL AYE: MOTION CARRIES.............. ... Guerber moves that Ordinance #435 be adopted. Seconded by Sedlacek. Bastian: AYE; Sedlacek: AYE; Guerber: AYE; Nordstrom: AYE: ALL AYE: MOTION CARRIES OR THREE A YES: ONE NAY: MOTION CARRIES. E. Review and action ree:ardine: chane:e order No. 15 submitted by Jensen Belts Associates for the Merrill Park project. (SKM) Mayor introduces the issue. Sedlacek: I would like to have a thank you sent to Idaho Concrete for their donation. Sedlacek moves to approve Change Order No. 15 to acknowledge the credit of the donation by Idaho Concrete Company reducing the contract price by $500.00. Seconded by Guerber. ALL AYE: MOTION CARRIES........................... Discussion on the non-flush urinals installed in the restroom at Merrill Park. Guerber moves to notify the architect that the City expects them to pay the cost to replace the non-flush urinals at Merrill Park because they recommended non-complying units. Seconded by Sedlacek. ALL AYE: MOTION CARRIES......................... Discussion on having Franz Witte maintain Merrill Park under warranty for the first year. General discussion. Guerber moves to obtain a cost estimate from Franz Witte for the maintenance of Merrill Park for the first year. Seconded by Bastian. ALL AYE: MOTION CARRIES ..... ...... ...... ....... Mayor calls a recess at 9:00 p.m. Mayor reconvenes at 9:05 p.m F. Discussion ree:ardine: Customer Appreciation Day on Februarv 8. 2003. (NM) Mayor introduces the issue. There is a sign up for the Council to be at the booth. Discussion on what the Council would like to have in the booth. Council would like a map of the City and the Comp Plan. Pictures of the new city hall. Information about a ribbon cutting ceremony for Merrill Park. Pictures of Merrill Park. City Code Book. Pll ¡e 5 K:\COUNCll.\MINUTESITemporary Minutes Work Area\CC-OI-28-O3min.doc Jean has suggested that we have a form to find out information about Homeowner's Associations. Discussion on the punch list for Merrill Park. G. Discussion reeardine Plannine & Zonine trailer. (NM) Mayor introduces the issue. Building Official Mongelli: Discussion of the condition of the trailer that houses the Planning and Zoning Department. There is mold underneath the trailer growing on the skirting. There is possibly some mold by the AC unit. I have contacted a company that deals with mold. Our plan of attack is to remove the skirting. There is some damage to the siding in an area but the insulation is dry. Testing would cost approximately $2,000.00. General discussion. Council would like to replace the current trailer and get three bids. City Attorney Buxton: This would be an ordinary and necessary expense to replace the trailer office. This could possibly be deemed an emergency. Removal of the existing trailer would need to be included in the bid. Comply with the bidding laws. Nordstrom directs staff to go out to the market and take three competitive bids on a twelve month lease on an appropriate trailer and look at the idea that the City could gain more square footage and find out how much it would be to lease on a twelve month and also check to see if there is value in the exiting trailer and how to exit it off from the site. Also have staff file a proper written claim with the insurance company. The City Clerk to identify what city funds the lease payments will be made from. Seconded by Bastian. ALL AYE: MOTION CARRIES.......................... H. Discussion of the letter dated January 10. 2003 from Thomas Dater reeardine an easement on or near Merrill Park. (WEV & SEB) Mayor introduces the issue. City Attorney Buxton: Basically there is an easement on the parcel of Merrill Park that lays next to the Dater property. The Mayor and I went out to the property. With regard to Mr. Dater it is my understanding that he does not use that for ingress and egress or if he has it certainly hasn't been for additional residency or anything like that. He has a right to use that for ingress and egress but with regard to the ability to rip out our landscaping and those types of things he does have what appears to be reasonable ingress and egress access to the site, I don't believe that is necessary unless he can show there is a need that he take such drastic measures at this time. It doesn't appear from looking at the site that it is really being used by him. I would suggest, however, that Council allow myself, the Mayor and a Council Member to go and visit with Mr. Dater and see what he really wants. I don't know exactly what his intent is. We have a right to use that parcel for our park, you do not have the right to obstruct it unreasonably. You don't have the right to a prescriptive use beyond what you already have there because that would be a taking. There is an easement there and he has the right to use it but he doesn't have the right to exclusive use of it or dictate what we do on that property as long as we don't obstruct his use. I believe you can park cars there for events and those types of things for temporary use of that area. I don't understand why we put fencing where we put it for the park; I would like to talk to Jensen Belts to see why it is situated like that. I think we should be able to either gravel it and use it. I thought there originally was going to be grass there. It appears to me that he believes he has exclusive use, which is not true it is an easement. I don't believe the City is undertaking any activity or any action to damage his easement. The nature of the easement is for ingress and egress. General discussion. PII ¡e6 K:\COUNCll.IMINUTES\T~rary Minutes Work AreaICC-OI-28-03min.doc Council concurs that Mr. Dater needs to understand the nature of an easement. Discussion on the gate and who put it in. City Attorney: What the gate signifies to me is an attempt to adversely possess public property which is specifically prohibited by not only case law and common law but statutory law in the State of Law. He appear~ to be trying to exert dominion over that property beyond what he legally has. I. Revenue Sharine:. Mayor introduces the issue. Discusses House Bill 96. General Council discussion on revenue sharing and legislative issues. 9. EXECUTIVE SESSION: A. Discussion of pendine: litie:ation. r.e. § 67-2345(f) Guerber moves to go into Executive Session for the discussion of pending and threatened litigation. Seconded by Bastian. Bastian: AYE; Sedlacek: AYE; Guerber: AYE; Nordstrom: AYE: ALL AYE: MOTION CARRIES.................... Council discusses pending and threatened litigation. Council leaves Executive Session. Mavor and Council's Report: Sedlacek: Discussion on the agreement with Lloyd Campbell on the Interpretive Site. Council concurs to have Lynne work with the City Clerk on this issue. Bastian: For the Library. What I think we need to do is work out a deal where there is a sunset clause on the dish. I thin~ it is a legitimate thing. It has a use that benefits the public. I had a talk with Pat Schneider and I asked him what his idea of Community Policing was and he told me and then I told him what I thought they were not doing. One of the things is to make sure that he makes himself available to homeowner's associations and to work with President's of those Associations to have neighborhood watches and any other needs that they might have. I wanted to make sure was introducing himself and the deputies to city staff. So you are probably going to see a few of the deputies making themselves known to city staff. I think it is important that there is a positive relationship between officers and our staff. The last thing I asked him to do was to make sure they worked closely with the business community. Get out of their cars, walk the streets and go into business, talk to people, find out what their concerns are and any issues they have. I also asked him to work with his deputies to identify particular projects that they are working on so they would be more proactive in the community and develop trust that way. Jon McDaniels came in and we were talking and he would like the City to help them with better bikes. They are also going to ask some of the business to help especially the insurance companies in the community. Bikes do help the deputies be more visible in the community. They are working on some planning for response to weapons of mass destruction. They are also working on money for equipment for emergency response. Deputies are working on parking around Eagle High School and felony arrest warrants. General discussion. Discussion on the parking issues on Palmetto. The City Code is a little misleading and we may need to make the code clear. 8-3-2C. General discussion. Guerber: Reports on his trip to Monticello to celebrate 200 years. PII ¡e1 K:\COUNCll.lMlNUTES\Te~rary Minutes Work AreaICC-OI-28-03min.doc Nordstrom: I'm scheduling myself for some meetings. I am working with Larry Sales on communication with ACHD. Mayor: Reports on the Compass meeting. The Three River's Crossing is Boise City's number one project. ITD has denied our access onto the alternate route. Discussion on the decision. I had a meeting with the Ada County Commissioners on the Ada County Park. This should be an issue coming up soon. Discussion on DEQ's bill on septic systems. Discussion on the community's Old Fashion 4th of July celebration. I am trying to get funding for a fireworks display. I think we need to pull money out of the Cultural Arts budget funds to help pay for the 4th of July celebration. Guerber: The State is beginning negotiations to trade out some of the land at Eagle Island State Park. General discussion. 10. ADJOURNMENT: Bastian moves to adjourn. Seconded by Guerber. ALL AYE: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 11:20 p.m. Respectfully submitted: Jl f'-"'-' 8 -- k.., '»1 (~J:ß- SHARON K. MOORE CITY CLERKffREASURER APPROVED: Y¥$~ YOR , """"",. " "".. ", 01' EA. .'" ...."""t\-{ .."."'" G.(A...*. :' " ." ". v- "'- "'u,,' ,r-'.~. ~ : . <'. ~ .", ". ~ : : c. v'. ~ : :'-' ~*: : * : ....- - ~ : : ...."T~A1;-: : ... ...-/, 'u .--'" . ... ".~('ò ,.r,." 0 : ~ \II;. ..I?ÞOR""\~o~ ~ :' "#, -'1 ........ <'\ ~ ......", ..., 1'E; OF \v".." "",........." PII ¡e8 K:\COUNCll.IMINUTESITeJl1>Orary Minutes Work Area\CC-OI-28-03min.doc