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Minutes - 2003 - City Council - 02/11/2003 - Regular .,/ EAGLE CITY COUNCIL Minutes February 11, 2003 ORIGINAL PRE-COUNCIL AGENDA 6:30 p.m.- 7:30 p.m. 1. Ada County Sheriffs Office will give the monthly report for January. Sgt. Schneider distributes the montWy report and discusses the same. Discussion on lights on Parkinson and light to be installed at the intersection of Eagle Road and Rush. General discussion on street lighting issues. Deputy Durrell is leaving Eagle and we have a new deputy coming on. General discussion. On December 14, 2002, we had a rash of vandalism in the Lexington Hills area. We have four guests here tonight that were involved in an incident of vandalism of Christmas lights. This appearance on their part is in lieu of the criminal court system. They realize their error. Mayor commends the young men on appearing before the Council. General discussion on bio-terrorism. 2. Cultural Arts Commission Report: Linda Butler, Cultural Arts Commission, distributes memo to the Council pertaining to budget issues for the Cultural Arts Commission for this fiscal year. Discussion on the art projects for Merrill Park. The Cultural Arts Commission is recommending the Labyrinth. Discussion on the art projects. Council would like the art projects to be on the next Park and Pathway Committee Agenda for their review and recommendation to the Council. Saturday Market: We have formed a sub-committee to make recommends and plan the Saturday Market. We are working on live music, activities for the kids, art demonstrations and etc. We are also planning some festivals. We would also like to monthly calendar of events that will be available to the public. The proposed banners need be brought before the Design Review Committee. We would like to do direct mail advertising. Develop a Logo: Discussion on a logo for the Arts Commission and the Saturday Market. Discussion the Elementary, Eagle High, Eagle Middle and Eagle Academy schools - providing art, music and theater programs. Eagle Fun Days: Discussion on the events being planned for Eagle Fun Days. Fourth of July Celebration: We are just beginning the planning for the 4th of July Celebration. General discussion. Bastian. I have some concerns about the amount of money being spent. I don't see a lot of art projects or art being displayed. There is a lot of money being spent on the Saturday Market and it is a market. I would like to see local artists being encouraged. I would like to see more events being done at the Gazebo. General discussion. 3. Historical Preservation Commission Report: No report. 4. Mayor and Council's Report: Sedlacek: Reports on the meeting with United Water on revamping the Contract. We have made a lot of progress. We still have a few issues to resolve. Bastian: Library Board has narrowed down the applicants to three finalists. One is local. The Library Board will arrange for the applicants to come to Boise for an interview. The self-check system is working very well. The volume at the Library continues to go up. On Saturday the number of patrons is very high and they may need to reevaluate the Saturday hours. The Board discussed the issue of the satellite dish. They feel the dish is necessary. Reports on the meeting with Sgt. Schneider on community policing. Guerber: Tomorrow is the Air Quality Board meeting. PlI ¡el K:\COUNCll.IMINUTES\T~rary Minutes Work Area\CC-02-11-03min.doc Ada County wants to give us the Ada/Eagle Park if we can come up with an idea and timeline for development. This would be the entire 84 acres. They are interested in a long term lease. General discussion. Council would like a letter sent to the Ada Commissioners letting them know that the City is interested in the 84 acres. Nordstrom: I am going to attend my fIrSt ACHD meeting tomorrow night. Mayor: Our attorney's office would like to know what we would like to do with the rejection of the signalized intersection on the Alternate Route. General discussion. City Attorney: We are waiting to receive the Findings of Fact and Conclusions of Law as it relates to the ITD decision. I walked the path by Lonesome Dove between the Park and the Monroc property this morning with Don Stockton and Dan Torfin and representatives from Butch Otter's office. We discussed extending the 25 easement and they will allow us to get in there and clear this summer so we can have that easement. We are going to get three bids of what it costs to remove the fence and I think they will participate with that. Don and Dan volunteered to go out and find those stakes and give us that 25' area. General discussion. The new trailer is in place and I hope you will take a minute to take a look at the new facilities. There is a staff meeting tomorrow. I had a meeting with FEMA and all of the other Mayors in the Valley in which they discussed emergency management and I am getting on my phone a alarm that is a test alarm that says in case of emergency this is what you do. This is with the State and the Federal Government. We are trying to put together a homeowner's association list to use for emergencies or just to get information to the residents. I met with Stacy, our Asset Builder, we have several things going on. One of the things that I am excited about is a Youth Committee that she is putting together that will represent two government classes at Eagle High School that can work with the City Council and Mayor as a Youth Council. The park will be having its ribbon cutting on March 15, 2003. I am going to be out of town next week. General discussion on the usage of Merrill Park. Sedlacek: April 8, 2003 I will be out of town and will not be at the Council Meeting. 5. City Engineer Report: Moved to the end of the meeting 6. City Clerkffreasurer Report: Moved to the end of the meeting 7. Zoning Administrator's Report: Moved to the end of the meeting 8. City Attorney Report: Moved to the end of the meeting REGULAR COUNCIL AGENDA: 7:30 p.m. Mayor: We have found ourselves in a position that we don't like tonight. We are far over . . capacIty. City Attorney Buxton: Capacity of this facility is 39 people. Obviously we are over capacity right now and we have to include all bodies, including our own. We are going to have to adjourn the meeting and continue all items in this meeting to a later date at another venue and it will probably be at the Eagle City Library since we do not have the capability right now to move the meeting and have sufficient tape recording equipment for the Public Hearings. We have to by law maintain transcribable public records which include the transcribable tape of any public hearing. There are several Public Hearings tonight. We do not have the option to let people come in out for whatever item they, that doesn't work in accordance with the Open Meeting Act. My recommendation tonight is since this facility will not maintain this group of people we are going to adjourn and have a motion from the Council. I do note that there is a quorum tonight and all City Council Members are present as well as the Mayor. PII ¡e2 K:\COUNCll.IMINUTESITeJl1>Orary Minutes Work Area\CC-02-ll-O3min.doc Mayor: I am going to call the meeting to order and have a roll call and then have a motion to move the meeting to the Senior Citizen Center. General discussion. 1. CALL TO ORDER: Mayor Merrill calls the meeting to order at 7:45 p.m. 2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. All present. A quorum is present. General discussion on continuing and moving the meeting. Bastian moves to continue the public hearings to February 18,2003, at 7:30 p.m. to be located in the Library Meeting Room where we could set up the recording equipment to conduct City Business. Seconded by Nordstrom. Discussion. ALL A YE: MOTION CARRIES.... .......... Mayor recites the Public Hearing items that are on the agenda tonight and will be continued to February 18, 2003 and also recites the items on the agenda that will be heard tonight when the meeting reconvenes at the Senior Citizen Center. There will be no public testimony under New Business. Mayor calls a 5 minute recess at 7:50 p.m Mayor reconvenes the meeting at 7:55 p.m. The remainder of the meeting at the Senior Citizen Center has not been tape recorded. Mayor opens the meeting at the Senior Citizen Center. 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 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. . 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 28, 2003. C. Minutes of February 4, 2003. D. Re-aooointment of Dave Dickev to the Board of Directors of the Industrial Develooment Corporation for a 3 year term to exoire 2/13/06. (SKM) E. DR-56-02 - Monument Sim for Clear Creek Crossine: Subdivision - Jayo Construction: Jayo Construction, represented by Doug Jayo, is requesting design review approval to construct a monument sign for Clear Creek Crossing Subdivision. The site is generally located south of Floating Feather Road and west of Eagle Road. (WEV) F. AI-I-03 - Administrative Interoretation ree:ardine: minimum setbacks for the exoansion of non-conformine: sine:le family dwelline: units in residential zonine: districts. (WEV) PII ¡e3 K:\COUNCll.IMINUTES\T~rary Minutes Work Area\CC-02-ll-O3min.doc Bastian moves to approve the Consent Agenda. Seconded by Guerber. ALL AYE: MOTION CARRIES................... 5. FINAL PLATS: NONE 6. UNFINISHED BUSINESS: A. Discussion reeardine the satellite dish which was installed on the Librarv's roof by Star Satellite. Mayor introduces the issue. Bastian provides an overview of the satellite dish installed on the Library's roof and the need for the dish. Bastian moves to accept the installation of the satellite dist on the roof of the Library. Seconded by Sedlacek. ALL AYE: MOTION CARRIES................. B. Jim Birdsall with Mercy Housine will Council reeardine additional ICDBG funds. Mayor introduces the issue. Jim Birdsall: Provides Council with a brief overview of the Mercy Housing funding. Discusses the expenditures requested. Sedlacek moves to approve the request for the Mercy Housing Funds under the ICDBG Program in the amount of $14,812.00 and authorizes the Mayor to sign the documents presented tonight for the request for funds. Seconded by Guerber. ALL AYE: MOTION CARRIES.. .. . .. . .. ... . .. C. Discussion of irrieation ditch maintenance in Once Upon a Time Subdivision. (NM) Mayor introduces the issue. Zoning Administrator Vaughan: I do not have a presentation and I am available for questions. Bill Cohen, 349 W. State Street, Eagle, Id, distributes a proposal to the Council and provides an overview of the maintenance of an irrigation ditch and the service area of the lateral ditch. Discussion on Alternate # 1 and Alternate #2. Discusses the Idaho Statutes in regards to General discussion. Kristen VanEngland, Developer of Once Upon a Time Subdivision, I have not viewed the tape that was dropped at my office late this afternoon and I only heard about the meeting today. Kristen provides an overview of the fence and ditch issue. General discussion. John Graves, Board of Directors of Eagle Glenn Townhomes, discusses the location of the ditch. General discussion between the City Council, Kristen VanEngland, Bill Cohen and John Graves. City Attorney Buxton: Cites the Site Specific Conditions of Approval and discusses the legal obligation of the City. Discusses the use of a lateral. The City does not have a dog in this fight and has no monetary obligation. General Council discussion. Council concurs that the Developer and the Eagle Glenn Townhome Association need to both comply with conditions cited in the Findings of Fact and Conclusions of Law and come to an agreement. Pll ¡e4 K:\COUNCll.\MlNUTESITeJl1>Orary Minutes Work Area\CC-02-ll-O3min.doc Pam Wallace, 403 S. Eagle Road, I live at the very end of the lateral. I was not notified. I don't go by that area and did not see the public notice signs. It would be nice that lateral owners could be notified. I am appalled that this has reached this point. I am concerned about the erosions. General discussion. John Graves, our Association was notified that this was going to happen and we have addressed some of the concerns in regards to the fence. General discussion. Kristen VanEngland: I am here to reach an agreement. I would propose that we use the Council as a mediator to resolve this issue. I would propose that we pipe the ditch, we pay for it and we are paid back by whomever for half the cost. I do not believe I have a legal responsibility to pipe the ditch. General discussion. Bastian moves that the Eagle Glen Townhome Homeowner's Association shall adhere to the Standard Conditions of Approval #16 which reads: the Eagle Glen Townhome Homeowners' Association shall reach a mutual agreement concerning any easement deemed necessary to be placed over the existing ditch located on the Eagle Glen property, traversing the common boundary between the two developments. Motion dies for a lack of a Second. General discussion. Bastian moves that we direct the Homeowner's Association, the interested parties and the developer to meet and attempt to come to a resolution of the issues, the issues being safety and unimpeded flow of water and come back to us at our next regular council meeting on February 25, 2003 and report their solution. Seconded by Guerber. Discussion. ALL AYE: MOTION CARRIES.................. Mayor calls a recess at 9:30 p.m. Mayor reconvenes at 9:40 p.rn. City Attorney: I have talked to Kristen VanEngland and have come to an agreement that no building permits will be issued in the next two weeks and hopefully the issues will be resolved. 7. PUBLIC HEARINGS: By Council Motion the Public Hearings have been continued to a special meeting on February 18, 2003. A. CPA -3-02IRZ-4-02 - Comprehensive Plan Amendment from Residential Four to Mixed Use and Rezone from R-4 to MU-DA: Jayo Construction Inc., represented by Doug Jayo, is proposing a Comprehensive Plan Amendment to change the land use designation on the Comprehensive Plan Land Use Map from Residential Four (up to four dwelling units per acre) to Mixed Use, and a rezone from R-4 (Residential- up to four dwelling units per acre) to MU-DA (Mixed Use with Development Agreement). The site is located on the south side of Floating Feather Road approximately 250-feet west of Eagle Road, at 135 Floating Feather Road. (WEV) B. CPA-4-02lA-3-02IRZ-5-02 - Comprehensive Plan Amendment from Residential Two to Mixed Use/Annexation and Rezone from RUT to MU-DA (Mixed Use with Develooment Aereement and Rezone from R-2 to MU-DA (Mixed Use with Develooment Aereement): B.W. Eagle, Inc., represented by Dan Torfin, is requesting a Comprehensive Plan Amendment to change the land use designation on the Comprehensive Plan Land Use Map from Residential Two (up to two dwelling units per acre) to Mixed Use, an annexation and rezone from RUT (Rural Urban Transitional) to MU-DA (Mixed Use with Development Agreement) and a rezone from R-2 (Residential-up to two dwelling units per acre) to MU-DA (Mixed Use with Development Agreement). The site is located on the east side of Eagle Road approximately WOO-feet north of Chinden Boulevard. (WEV) PlI ¡eS K:\COUNCll.IMINUTESITeJI1X>rary Minutes Work AreaICC-02-11-03min.doc C. Ordinance No. 432: An Ordinance Of The City Of Eagle, Idaho, A Municipal Corporation Of The State Of Idaho, Amending Eagle City Code Title 7, Chapter la, Adopting The 2000 Edition Of The International Building Code, The International Residential Code, Parts I-Iv And Ix, And The International Energy Conservation Code; Amending Eagle City Code Title 7, Chapter 1 b, Adopting The 2000 Edition Of The International Mechanical And Fuel Gas Codes; Amending Title 7, Chapter lc, Adopting The 2002 Edition Of The National Electrical Code; Amending Title 7 Chapter, 1d, Adopting The 2002 Edition Of The International Fire Code; Providing Exceptions; Providing For Severability; Repealing Conflicting Ordinances And Providing An Effective Date. Pursuant to Idaho State Code §67-5609, §63-13I1A and §67- 8206 a public hearing is required as proposed fees exceed 105% of the amount of the fees last collect or a decision imposing a new fee may be made. (MM) D. Resolution 03-03: A Resolution Of The City Of Eagle, Idaho, Adopting A Fee Schedule Pursuant To Section 7-1b-3 Of The Eagle City Code, To Provide For The Modification Of Resolution 98-10 Establishing An Increase From Ten To Thirty Percent Of Building Permit Fee For Residential Plan Check Fees Referenced In Section 108.2 Of The International Residential Code And Providing For Effective Date. Pursuant to Idaho State Code §67-5609, §63-13I1A and §67-8206 a public hearing is required as proposed fees exceed 105% of the amount of the fees last collect or a decision imposing a new fee may be made.(MM) E. Resolution 03-04: A Resolution Adopting A Fee Schedule Pursuant To Section 7-1b-3 Of The Eagle City Code, To Provide For The Establishment By Resolution Of Fees For Mechanical Permits Referenced In Section 106.5.2 Of The International Mechanical Code; And Providing For Effective Date. Pursuant to Idaho State Code §67-5609, §63-131 IA and §67-8206 a public hearing is required as proposed fees exceed 105% of the anwunt of the fees last collect or a decision imposing a new fee may be made.(MM) 8. NEW BUSINESS: A. Review and action on Chane:e Order No.3 from Masco on the 1st Street Parkine: lot. Mayor introduces the issue. Vern Brewer, Holladay Engineering, provides Council an overview of the change order. This will be at no cost to the City. General discussion. Guerber moves to approve Change Order No.3 for Masco for the 1st Street Parking Lot as presented tonight. Seconded by Sedlacek. ALL AYE: MOTION CARRIES.............. B. 02-57-CU/02-40-MSP/02-33-0TD Lou .Jean Lindley Trust: Ron Thurber is requesting a one time division, conditional use and master site plan approval to construct a 16,558-square foot church facility. The 5-acre site is located on the west side of Meridian Road approximately 2000- feet north of Chinden Boulevard. This site is located in the Eagle Area of Impact. Mayor introduces the issue. Ronald Thurber, project architect and applicant representing the church, provides the Council an overview of the application. Discussion on the conditions. We are willing to abide by the conditions. Staff recommends approval. We recognize that traffic is a problem and we have had a traffic impact study done. Discussion on the traffic study results. General discussion. Jeff Lowe, City Planner, provides Council an overview of the application. General discussion. Bastian moves to recommend approval to the Ada County Commission on 02-57-CU/O2-40- MSP/O2-330TD a church facility proposed by the Lou Jean Lindley Trust as represented here tonight by Ron Thurber, including all of the Site Specific Conditions including added conditions PII ¡e6 . K:\cOUNCll.IMINUTESlTeJl1>Orary Minutes Work AreaICC-02-11-03min.doc #9, 10 and 11. Seconded by Sedlacek. Discussion. Bastian withdraws his motion, Second concurs. Nordstrom moves to continue 02-57-CU/O2-40-MSP/O2-330TD to the City Council meeting on February 18,2003, to give Council an opportunity to review the traffic study. Seconded by Guerber. Discussion. ALL AYE: MOTION CARRIES................... Mayor calls a recess at 10: 15 p.m. Mayor reconvenes at 10:20 p.m. REPORTS: Engineer Report: Vern Brewer, Holladay Engineering, discusses active and inactive jobs. I meet with the Mayor and Bill Vaughan to go over the list. I will be giving the Council a report on the active jobs. We presently have 63 active jobs and some are ready to be put on the inactive list. The active jobs are on a variety of issues and involve several different staff people. We are having meetings with United Water on a new contract. Discussion on water issues to be put on the Council agenda. Council would like to have water issues on the March 11, 2003, as the only pre-council item for discussion. Zoning Administrator Vaughan: Discussion on meeting with Ron Marshall, who lives in Eagle Townhouses, on the pathway in that area. The railroad ties are becoming dilapidated and he has some issue on ownership. I told him he would need to address his issues directly to the City Council. He has schedul<?d another meeting with me on the 20111. Ron feels the pathway from the school is a City pathway and it is not a City pathway. General discussion. Council concurs that this is not a City issue and is a homeowner's issue. The City does not own the pathway. City Attorney Report: No additional report. City Clerk: I have recommended that the lease payments for the new portable office come out of line item "Contract Other". Council concurs. I have provided you a memo on the tree voucher program. Please e-mail myself or Sheri with suggestions. Council discusses Customer Appreciation Day. Discussion on Public Record's Requests and letters from Starr Kelso. 9. ADJOURNMENT: Bastian moves to adjourn. Seconded by Sedlacek. ALL AYE: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 11:00 p.m. Respectfully submitted: ..""""'" ,.....' OF B.-t ""'# I~~ ,~~.,,".... O( #~ (.ì .." ~'fOR;{~..f' " :: I,p ~\ \ :: : . : : * : -.- : * : . . . . : .~ SEAL;::' :: '\ .. ('\ ~.:: ~ <.þ-:.. ..o<\'þ -<:0<:>.. .",!,O :: ~, .,. .. OR""-. "'i-~ !Ii " -1 ........ ~ !lio.t¡¡ #'",/'E OF \~ ",.¡.</i ",.........", ~ S ON K. MOORE CITY CLERKffREAS URER Pll ¡e 7 K:\COUNCll.\MINUTES\T~rary Minutes Work Area\CC-02-1I-O3min.doc APPROVED: PII ¡C8 K:\COUNCll.IMINUTESITeJl1>Orary Minutes Work AreaICC-02-1I-O3min.doc