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Minutes - 2003 - City Council - 04/22/2003 - Regular J/"' EAGLE CITY COUNCIL Minutes April 22, 2003 EXECUTIVE SESSION: 5:30 P.M. A. Discussion of pendine litieation. I.c. § 67-2345(t) B. Personnel Issues: I.C. §67-2345 (a) or (b) Sedlacek moves to go into Executive Session for the discussion of pending litigation and personnel issues. Seconded by Nordstrom. ALL A YE: MOTION <:ilRRIES.............. Council discusses personnel issues and pending litigation. Council leaves Executive Session. PRE-COUNCIL AGENDA: 6:45 p.m. 1. Mayor and Council's Report: Mayor: I would like to discuss the look that will be at the WincolHome Depot comer. The developer would like to relocate the "Welcome To Eagle" sign that is located on the east end of the alternate route to this location. Pete Cinterino distributes a concept photo of what the sign would like in the new location and discusses the landscaping around the sign. General discussion. Council Member Sedlacek discusses the history of the signs and that the Chamber of Commerce provided some funding for the entry signs. General discussion. Relocating the sign would be at the expense of the developer. Council Member Sedlacek will take the proposal to the Chamber of Commerce. 2. City Engineer Report:' No report 3. City Attorney Report: Water Franchise Fees: The tariff was done on February 3,2003 for Eagle Water. United Water has agreed to get this done. However, they want a Franchise Agreement, which I will have at the next meeting. General discussion. Sheriff s Contract will need to be amended since City is going forward with an enforcement officer. I am working with legal council for the Sheriff s Department. This contract will be on the next Council agenda. General discussion. 4. City Clerk/Treasurer Report: We need to reschedule the May 27111 City Council meeting as that is election day and also scheduled a Council meeting for canvassing the votes. Council concurs to canvass the votes at 6:00 and AT 6:30 have the regular City Council meeting on May 28, 2003 . 5. Zoning Administrator's Report: Discussion on Brookwood Subdivision Phase 7 flood permit issues. Discussion on annexed areas with set back areas under Ada County that are in conflict with Eagle City Code set backs. We are working on writing a new section into the City Code to address these issues. A developer is wondering if Council Members are interested in discussing residential development in the downtown area. The Developer does not have an application. Council Members would be interested. Discussion on the Black and Veatch contract and when the work is going to begin and the scope of their work. Discussion on the amount of lines that Idaho Power is adding to the power lines on Ballantyne. PII ¡C I A:\CC-04-22-03min.doc Larry Sales, ACHD, on April 9, 2003 we opened the bid for the Island Wood Traffic signal. Romar Electric was the low bidder at $205,000, which is more than our estimate and $35,000 more than the money we have. The difference is the interconnecting. We have asked ITD to come up with the additional funds. Their meeting is on May 5, 2003, and our meeting is May 7, 2003 and hopefully we will award the bid at that time. Sedlacek: Provides Council information on the Friends of the City Hall. Discussion on the United Water Contract. This is the Council's number one priority for the City Attorney. Bastian: Reports on the Library Board Meeting. Ron Baker made a visit to the City and he would like to meet with the Council Members. I will arrange this for a Pre-Council. He will be residing in the City and will start his duties on May 29th. The Library Board is looking forward to Ron Baker assuming his duties. The Library is working on the self-check out system. Reports on the Joint School District #2 meeting. There was discussion on the Mountain View High School. Reports on the previous meeting with the Ada County Sheriff s Office. General discussion. I will have the Sheriffs Office make a presentation to Council when we decide on the lease options. General discussion. Reports on the Compass meeting. It appeared to be some duplication of what ACHD does. General discussion. REGULAR COUNCIL AGENDA: 7:30 p.m. 1. CALL TO ORDER: Mayor Merrill calls the meeting to order at 7:50 p.m. 2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Bastian moves to amend the Consent Agenda by adding at Item #9C. Russell and Teresa Van Liew. Seconded by Guerber. ALL AYE: MOTION CARRIES................. 4. CONSENT AGENDA: . Consent Ag~nda 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 April 8, 2003. C. Renewal approval of Liquor. Beer and/or Wine Licenses for current license holders which have met all criteria established bv the City. (SKM) D. Findines of Fact and Conclusions of Law for CU-OI-O3 - Conditional Use Permit for Wendv's Restaurant with Drive-Thru Service - Eaele River PII ¡e2 A: \CC-04- 22-O3min.doc LLC: Eagle River LLC, represented by Billy Ray Strite with BRS Architects, is requesting conditional use approval to construct a Wendy's restaurant with drive thru service. The .95-acre site is generally located on the southeast comer of Eagle Road and Eagle River Street. (WEV) E. Appointment of Election Judees and Clerks and desienation of fees: (SKM) F. Approval of Open Container Permit application submitted by the Eaele Fire Department for an event to be held on June 7. 2003. pendine the receipt of a caterine permit. The event will be held at Merrill Park. Sedlacek removes Item #4B from the Consent Agenda. Guerber removes Item #4D from the Consent Agenda. Bastian moves to approve the amended Consent Agenda. Seconded by Sedlacek. ALL AYE: MOTION CARRIES.......................... 4B. Minutes of April 8. 2003. Sedlacek: I removed this item as I need to abstain from voting on these minutes. Nordstrom moves to approve the minutes of April 8, 2003. Seconded by Bastian. THREE AYES: ONE ABSTAIN: MOTION CARRIES................. 4D. Findings of Fact and Conclusions of Law for CU.OI-03 - Conditional Use Permit for Wendy's Restaurant with Drive.Thru Service - Eatrle River LLC: Eagle River LLC, represented by Billy Ray Strite with BRS Architects, is requesting conditional use approval to construct a Wendy's restaurant with drive thru service. The .95-acre site is generally located on the southeast corner of Eagle Road and Eagle River Street. (WEV) Guerber: I pulled this item as we have had several contacts and confusion in regards to the berm at Wendy's. General discussion. Billy Rae Strait, representing the applicant, distributes an exhibit to the Council which shows the grades and the berm and discusses the same. Distributes a Site Landscape Plan to the Council and further discusses the grade and the berm. General discussion. Nordstrom moves to approve Findings of Fact and Conclusions of Law for CU.01.03- Conditional Use Permit for Wendy's Restaurant with Drive-Thru Service - Eagle River LLC. Seconded by Bastian. Discussion. Nordstrom amends the motion to add a New Conclusion of Law #5, that states: that the Design Review Board has the discretion to review and make recommendations to the Council for alternate screening on the berm. Second concurs. ALL AYE: MOTION CARRIES............. 5. PROCLAMATIONS & RESOLUTIONS: A. Motorcycle Awareness Proclamation: Proclaiming Mayas Motorcycle Awareness month in Eagle. Mayor reads the Motorcycle Awareness Proclamation. Bastian moves to approve the Motorcycle Awareness Proclamation. Seconded by Nordstrom. ALL AYE: MOTION CARRIES.................... 6. FINAL PLATS: None 7. UNFINISHED BUSINESS: PII ¡e3 A:\CC-04- 22-O3min.doc A. Review and action on the bid for communitv park si2llae:e submitted bv Classic Desie:n Studio. Mayor introduces the issue. Jason, Classic Design Studio, displays a small sample of the sign and discusses the options for the community park signage. General discussion. Discussion on having the signs be at the proper scale for the smaller parks. Discussion on complying with the bid laws. This could fall under the sole exception provision and this will be researched by the City Attorney. General discussion. Council would like to refer this to the Park Committee for their review. Guerber moves to continue this item to the May 28, 2003, City Council meeting and have the Park Committee review the signs. Seconded by Sedlacek. ALL AYE: MOTION CARRIES........ ....... B. Discussion of status of Merrill Park project: Mayor introduces the issue. General discussion on the repair list and the Memo from Jensen Belts. Sedlacek moves to direct the building inspector to meet with Wright Brothers to make sure these issues are being resolved. Seconded by Nordstrom. ALL AYE: MOTION CARRIES................... C. Holladay Engineerine: will discuss flawed workmanship at the downtown parkine: lot site. (VB) Mayor introduces the issue. Vern Brewer, Holladay Engineering, displays overheads of the flawed workmanship at the downtown parking lot and discusses the same. Items of concern are crooked lines at scores and expansion joints, protruding expansion joint material above the surface of the concrete, loose embedded metal items, and brick pattern is not a four block boundary width. General discussion. Discussion classifying this as defective work. Brewer distributes a copy of the letter from Masco to the City Council and discusses the same. We are not recommending acceptance of this project. General discussion. General Council discussion. Bastian moves to accept the letter dated April 17, 2003, from Holladay Engineering outlining the defective workmanship of Masco, Inc. and that we direct our engineers to closely inspect the work, identify the defects and propose, in cooperation with the general contractor, a proposal to remedy the defective work. This will be brought back to the City Council at the May 13, 2003 meeting. Said proposal to adhere to the contract. Seconded by Nordstrom. Discussion. ALL AYE: MOTION CARRIES............... Guerber moves to table 7D, E, F and G until the end of New Business and move on to the Public Hearings. Seconded by Nordstrom. ALL AYE: MOTION CARRIES.................. D. Eagle Water & United Water Franchise Fees - P.U.C.: (SEB) Moved to the end of the agenda. E. TZ Consultine: Contract for municipal enforcement officer: (SEB) PII ¡C4 A: \CC-04- 22-03min.doc Moved to the end of the agenda. F. Atkins Tree Service contract for arborist. (SEB) Moved to the end of the ågenda. G. Proposed Ordinance No. 448 reeardine burn bans. Moved to the end of the agenda. Mayor calls a recess at 9:00 p.m. Mayor reconvenes at 9:05 p.m. 8. PUBLIC HEARINGS: A. Review of proposed chanees to the solid waste contract with BFI. The changes include a pilot program to enhance recycling and trash service within corporate City limits. The usage of a BPI container would be mandatory, exceptions will be made on a case by case basis. New fees would be associated with these changes. This item was continued from the March 25,2003 meeting. The public hearing remains open. Final Council action cannot take place prior to May 13, 2003. (SKM) Mayor introduces the issue. Mark Miller, Lets Talk Trash Committee, discusses the key issues, program goals, and the changes to the pilot program, and the program options. General discussion. Tanya Mericle, BFI, under our contract with the City we have an annual cpr increase of 2-3%. General discussion. Mayor opens the Public Hearing Sherry Ripley, 832 Fruitwood Place. Mayor swears in Sherry Ripley. Sherry Ripley, the people of Eagle have made it clear they do not want the pilot program. The way it is now the people have a choice. We have unlimited service at $9.95 a month. Robert Bruce 2323 N. Seven Oaks Way. Mayor swears in Robert Bruce. Robert Bruce, I was a member of the Lets Talk Trash Committee, although I could not attend every meeting. There are several things that concern me about what the Committee has come up with. This is the first time I have seen the new proposal. Discusses the landfill capacity. I'm not sure I understand how the pilot program will work. If BPI spends the money in the pilot program how are we going to get out of it? I don't agree with the tiered rates. I think the $9.95 we have now is a fair rate. We need to understand what BPI's cost basis is for the carts. Russ Buschert, 235 W. Floating Feather Road, I swear to tell the truth to the best of my ability.! am a member of the Committee, I would like to extend the life of the landfill. Discusses the pilot program and the tiered system. We may not have a choice when we go out to bid in three years. We are working for a low.est rate as possible and a safe environment for the workers. Tanya Mericle, BFI, we are very proud to serve the citizens of Eagle. We are always looking for ways to improve our service. Eagle produces twice as much waste per household as other areas of the state. Citizens should drive the streets of the city on trash day and see what is being set PlI ¡eS A: \CC-04- 22-03min.doc out. This proposal does present different options. The pilot program is a trial period that would include 300-400 homes. General discussion. Mayor closes the Public Hearing. General Council discussion. Bastian: I recommend that we publish this in the month of June and hold the public hearings and make a final decision in June or July. General discussion. Bastian moves to proceed with establishing a public hearing to consider the new proposal and provide sufficient time for publication and we ask staff how many weeks we need to have that happen. Seconded by Guerber. ALL AYE: MOTION CARRIES.................. B. PP-OI-O3 - Mixed Use Subdivision No.5 Œaele River Development) - Eae:le River LLC: Eagle River, LLC, represented by Bill Clark with Clark Development, is requesting preliminary plat approval for Mixed Use Subdivision No.5, a re-subdivision of portions of Mixed Use Subdivisions 1,2,3 and 4 (formally known as Eagle River Development). The 36.5-acre, 29-10t (23-commercial, 6-common) subdivision is located on the southeast corner of Eagle Road and State Highway 44, (WEV) Mayor introduces the issue. Bill Clark, representing Eagle River, displays an overhead of the site plan and discusses the same. Distributes copies of the Master Plan and discusses the pathway system. General discussion. Zoning Administrator Vaughan: Displays an overhead of the Master Plan. Staff and Planning and Zoning have approved the application. Discussion on the public roadway to the south. The second access has been approved by the Fire Department and the Sheriff's Department. General discussion. Mayor opens the Public Hearing. Mark Butler, 52 N. 2nd Street, Eagle. Mayor swears in Mark Butler. Mark Butler, Becky Bowcutt-McKay has a schedule conflict and has asked me to represent OlsonlWells for her. My main goal is to attempt to obtain access to the OlsonlWells property. Displays a site plan and d,iscusses the City trying to obtain the Wells property. The City entered into an agreement with Eagle River to try and obtain the Wells property. The levy has always had a roadway on it and access to the property has always been provided on the levy. There is no right-of-way to the property at this time. Discussion on the floodway and flood plain. Discussion on providing access to landlocked properties and distributes information to the Council. General discussion. Bill Clark, the Wells property has been in the floodway since the first map was created in 1984. Koonz Engineering said in their letter that the Wells property in a 100 year flood event would be in 2-4' of active moving water. There is no evidence of an exiting easement across our property. Mayor closes the Public Hearing. Bastian moves to approve the Finding of Facts and Conclusions of Law for PP-OI-O3 - Mixed Use Subdivision No.5 (Eagle River Development) - Eagle River LLC with all of the Site Specific and Standard Conditions of Approval. Seconded by Nordstrom. Discussion. ALL AYE: MOTION CARRIES..................... PII ¡C6 A: \CC-04- 22-O3min.doc Mayor calls a recess at 11:00 p.m. Mayor reconvenes at 11:05 p.m. CPA-4-02/A-3-02/RZ-5-02 - Comprehensive Plan Amendment from Residential Two to Mixed Use/Annexation and Rezone from RUT to MU-DA (Mixed Use with Development A2reement and Rezone from R-2 to MU-DA (Mixed Use with Development A2reement): 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) Mayor introduces the issue. Dan Torfin, 250 S. Beechwood, Boise. Mayor swears in Dan Torfin. Dan Torfin, representing B.W. Eagle, Inc., displays an overhead of the site plan and provides Council an overview of the project and the request for a Comprehensive Plan Amendment. At this point with ITD we have approval of a signalized intersection and a southerly access. The Chamber of Commerce supports the project and the Meridian School District is not interested in any property in this area for a school site. The Development Agreement is before you tonight. General discussion, Dennis Baker, 250 S, Be~chwood, Boise. Mayor swears in Dennis Baker. Dennis Baker discusses the Development Agreement and the land contribution. You can count on me to help out with the parks and other areas in Eagle. To enforce me commitment with a Development Agreement I don't want to do that. Discussion on Mr. Baker's previous comments as to having a specific type of garden in the donated park area. City Attorney Buxton discusses the provisions of the Development Agreement. Steve Bradbury, attorney for Mr. Baker, discusses the park site and the Development Agreement. Mayor opens the Public Hearing. Jim Liley 3410 Chinden, Eagle, I swear to tell the truth. I'm not necessarily opposed to this. I bought a home upon the bench and my home sits close to the edge. With this proposal I'm going to be looking right down onto the roofs and parking lots. I was told by the City when I bought my property that this was going to be R2. I'm going to be residential between two commercial developments. General discussion. Mayor swears in Andy Haws. Andy Haws, distributes some exhibits to the Council, I represent Mr. and Mrs. Liley. Mr. Liley has some legitimate concerns about the impact this project will have on his property. The broader issue is if this project conforms to the comprehensive plan. We are objecting to how the project is configured. There are 22 other homeowners on the rim. This project does not promote the quality of life of the City of Eagle. General discussion. PII ¡e7 A:\CC-04-22-03min.doc Zoning Administrator Vaughan: Discusses the design guidelines. I believe our own ordinance is sufficient to guide any development. We need to make sure this development incorporates what we see on the concept design. Discussion on screening the mechanical units. General discussion. Dan Torfin, discusses the types of buildings that are located below Mr. Liley's property. General discussion on the architectural style of the buildings. General discussion. Patrick Dobie, Dobie Engineering, I swear to tell the truth. Discussion on the access to Eagle Road, the Chinden Blvd. access and the speed and the noise issues. General discussion. Dennis Baker, I want to thank you for your diligence. I differ in his opinion with his appraisers. I think he will be enhanced greater with the proposed project and not maximized the area with houses, I think this is a higher and better use of this ground. Mayor leaves the Public Hearing open. Mayor: I would like to c<?ntinue this item to a special meeting by itself. Guerber moves to continue this item to a Special Meeting on June 3, 2003, at 7:00 p.m. Seconded by Bastian. ALL AYE: MOTION CARRIES.................... Mayor: Because of the late hour I propose that we hear Item #9B and #9C and continue the remainder of the Agenda items to the May 13, 2003 City Council meeting. Council concurs. 9. NEW BUSINESS: B. Paul Lindquist appeal of Buildine: Official's decision to deny a buildine: permit application for the residence located at 1846 Rush Rd. (M.M.) Mayor introduces the issue. General Council discussion. Bastian moves to overrule the denial of the building permit and approve the building permit for the Lindquist at 1846 Rush Road and waiver of the set back due to special circumstances provided by the appellant. Seconded by Sedlacek. Discussion. ALL AYE: MOTION CARRIES...................... B. Fisher's Acres Subdivsion. Zoning Administrator Vaughan: displays an overhead of the house site and discusses the addition to the house and. the non-complying use of Russell and Teresa Van Liew home at 97 Fisher. General discussion. Bastian moves to approve the request of Russell and Teresa Van Liew, 97 Fisher, to add the addition to their home as presented tonight because of the special circumstances. Seconded by Guerber. ALL AYE: MOTION CARRIES............... Bastian moves to continue the remainder of the agenda items to May 13, 20003 City Council meeting. Seconded by Guerber. ALL AYE: MOTION CARRIES.................... A. The Eae:le Fun Days Rodeo Committee is requestine: an exceotion to Eae:le's Noise Ordinance (4-9-3), for an event to be held on June 6. 2003 scheduled to conclude at midni2ht. The event will be held in the open field west of Rocky Mountain Fitness Center. Continued to the May 13, 2003 City Council meeting by motion. PII ¡e8 A;\cc-04-22-03min.doc C. Proposed Ordinance No. 447: Ordinance Of The City Of Eagle, Ada County Idaho, Amending Eagle City Code Title 4 "Public Health And Safety", Chapter 5 "Animal Control", Section 2. "Nuisance", And Providing An Effective Date.(SKM( Continued to the May 13, 2003 City Council meeting by motion. D. Review and action oil bids for the installation of 2 draina2e detention areas in Merrill Park and an irri2:ation water bib. (SKM) Continued to the May 13, 2003 City Council meeting by motion. E. Review of non-bud2:eted expenditures. (sKM) Continued to the May 13, 2003 City Council meeting by motion. F. Action on contract between Fireworks & Sta2e FX America. Inc. and City of Ea21e for fireworks display. (SKM) Continued to the May 13, 2003 City Council meeting by motion. UNFINISHED BUSINESS CON'T: 7D. Ea2:1e Water & United Water Franchise Fees - P.U.C.: (SEB) Continued to the May 13, 2003 City Council meeting by motion. 7E. TZ Consultin2: Contract for municipal enforcement officer: (SEB) Continued to the May 13, 2003 City Council meeting by motion. ?P. Atkins Tree Service contract for arborist. (SEB) Continued to the May 1~, 2003 City Council meeting by motion. 7G. Proposed Ordinance No. 448 re2ardin2 burn bans. Continued to the May 13, 2003 City Council meeting by motion. 10. ADJOURNMENT: Bastian moves to adjourn. Seconded by Sedlacek. ALL A YE: MOTION CARRIES........ ... ............ Hearing no further business, the Council meeting adjourned at 1:00 a.m. Respectfully submitted: ~& ~ 2tt~ SHAR K. MOORE CITY CLERK/TREASURER ...n....." ~.. "~ ~..." ..J OF B.-t "'#' ,.'" 4.~ ~."...... O<, ~~ I' Cl .. .. ~ ~ I .. ~?OR-1»... \ I I ..() ~ . . ..."" v'.. : * : -.- : * i : , ~: : , ."" S E A L ", : ".'t(\. ¿;.I.. "'<p'.o "'.0': \, .» ..'!/>ORA"'~... ~ .: "'*, ~ ')0, ........ ~ ......'" ",,/11 OF \~ ~~~...", '".........~~~ PII ¡e9 A:\CC.04-22-O3min.doc