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Minutes - 2003 - City Council - 05/13/2003 - Regular / EAGLE CITY COUNCIL Minutes May 13, 2003 ORl6l- EXECUTIVE SESSION: 5:30 p.m. Mayor calls the meeting to order at 5:30 p.m. A. Discussion of oendinelitieation. I.C. § 67-2345(f) ,.. Bastian moves to go into Executive Session for the discussion of pending litigation. Seconded by Sedlacek. ALL AYE: MOTION CARRIES....................... Council discusses pending litigation. Council leaves Executive Session at 6:20 p.m. Sedlacek moves to instruction the City Attorney to proceed with negotiations on the Olson Property and report back to the City Council after the June 3, 2003 Status Conference with the Judge. Seconded by Bastian. ALL AYE: MOTION CARRIES.............. PRE-COUNCIL AGENDA: 6:30 P.M. 1. Review of FY2001-2002 audit report: Jo Bolen with Gibbons, Scott & Dean will review the audit report. Jo provides the Council an overview of the budget report. Discussion on the Library over spending their budget and their percent to expenditures, which has dropped. General Fund is right where it needs to be. Discussion on the Water Fund. Connection fees do not fund every day operations. 2. Kelly Fairless will discuss ValleyRide: Kelly Fairless distributes the Strategic Plan and Proposed ValleyRide Urban and Rural Service Zones and discusses the same. Discussion on Commuter Bus. We now have the Federal Funds available for spending. Discussion on Public Education and Outreach. We are working with Capital City Development, Boise City and BSU to get some Federal funds. General discussion. 3. Ada County Sheriff s Office: Sgt. Pat Schneider will present the monthly report for April. Sgt. Schneider distributes the monthly report and discusses the same. General discussion. Introduces Deputy Matt Buie and Neumann. Discussion on open burning. Discussion on overall speed limit within the City of Eagle. 4. Historic Preservation Commission Report: Geneva Trent, Historic Preservation Commission, distributes a report to the Council and discusses the same. We are currently working on a grant that will give us money to design exhibits. Council thanks Geneva and Frank Thomas, Valley Times, for the good reporting on the new city hall. 5. Chuck Lobdell will discuss Wagner's Pumpkin Patch. Chuck Lobdell distributes written report on Eagle Island Land Use and discusses the same. I'm asking you to enforce your ordinances. This is growing out of control and it needs be brought into compliance. Dennis Baker seconds what Mr. Lobdell has said. General discussion. Council instructs staff to review the issue. 6. City Engineer Report: Holladay Engineering will discuss flawed workmanship at the downtown parking lot site. (VB) Vern Brewer, Holladay Engineering, we looked at the parking lot situation and it is obviously something that needs to be replaced. We have letters addressed to the Council from the Contractor and the Sub-Contractor stating that they will do this and do it expeditiously. Our recommendation to you is to allow them to resolve the issue so we can move on. Page 1 K:\COUNCILIMINUTESITemporary Minutes Work Area\CC-OS-13-03min,doc 7. Mayor and Council's Report: Moved to the end of the Agenda 8. City Clerkffreasurer Report: Moved to the end of the Agenda 9. Zoning Administrator's Report: Moved to the end of the Agenda 10. 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 7:30 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 the following Agenda items to the Consent Agenda: 8F, 8G, 81, 9D, 9F, 9H, and 91. Seconded by Guerber. ALL AYE: MOTION CARRIES...................... 4. CONSENT AGENDA: . Consent Agenda items are considered to be routine and are acted on with one motion. There will be no separate discussion on these items unless the Mayor, a Council Member, member of City Staff, or a citizen requests an item to be removed from the Consent Agenda for discussion. Items removed from the Consent Agenda will be placed on the Regular Agenda in a sequence determined by the Rules of Order. . Any item on the Consent Agenda which contains written Conditions of Approval from the City of Eagle City Staff, Planning & Zoning Commission, or Design Review Board shall be adopted as part of the City Council's Consent Agenda approval motion unless specifically stated otherwise. . 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 22, 2003. C. Findin2s of Fact and Conclusions of Law for PP-OI-03 - Mixed Use Subdivision No.5 Œa21e River Development) - Ea21e 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 comer of Eagle Road and State Highway 44. (WEV) D. DR-28-02 MOD - Buildin2 Addition to Multi-tenant Commercial/Retail Buildin2 - MHG3. LLC: MHG3, LLC, represented by James Gipson with J ames Gipson Associates, is requesting design review modification approval to construct a nO-square foot building addition to the 1,375-square foot multi- tenant commercial/retail building. The site is located on the south side of Aikens Road approximately 360-feet east of Eagle Road at 123 Aikens Road. (WEV) E. DR-60-02 - New Professional OfficelRetail Buildim! - Northwest Development LLC: Northwest Development LLC, represented by Jerry Teal with Teal Architects, is requesting design review approval to construct a 7,250- square foot professional office/retail building. The site is located on the north side of West State Street approximately 300-feet west of Eagle Glen Road at 386 Page 2 K:\COUNCll.IMINUTESITemporary Minutes Work Area\CC-O5-13-03min.doc West State Street. (WEV) F. DR-I0-03 - Chanee of Use from Residential to Commercial for State Street Ice Cream Shoppe - John and Christine McLauehlin: John and Christine McLaughlin, represented by James Gipson with James Gipson Associates, is requesting design review approval for a change of use from residential to commercial to convert a 640-square foot residence into a commercial building for State Street Ice Cream Shoppe. The site is located at the south side of East State Street approximately loa-feet west of 2nd Street at 257 East State Street. (WEV) G. DR-11-03 - Monument Sien for the State Street Ice Cream Shoppe - John and Christine McLauehlin: John and Christine McLaughlin, represented by Lawson Casad, are requesting design review approval to construct a monument sign for the State Street Ice Cream Shoppe. The site is located on the south side of East State Street approximately loa-feet west of 2nd Street at 257 East State Street. (WEV) H. DR-12-03 - Buildine Addition to Reed Cycle Shop - Bill and Tami Reed: Bill and Tami Reed are requesting design review approval to construct a 180- square foot building addition to the Reed Cycle Shop. The site is located at the north side of East State Street approximately 50-feet west of 2nd Street at 238 East State Street. (WEV) I. DR-14-03 - Common Area Landscapine within Two Rivers Subdivision Phases 6. 7. 8. 9.10.11. and 12 - T. R. Company: T. R. Company, represented by Dave Koga with The Land Group, is requesting design review approval of the common area landscaping within Two Rivers Subdivision Phases 6, 7, 8, 9, 10, 11, and 12. The site is located on the west side of Eagle Road approximately one mile north of Chinden Boulevard at 1501 South Eagle Road. (WEV) J. DR-IS-03 - Two Monument Siens for Two Rivers Subdivision - T. R. Company LLC: T. R. Company LLC, represented by Dave Koga with The Land Group, is requesting design review approval to construct two monument signs for Two Rivers Subdivision (one located on Mace Road and one located on Eagle Road). The site is located on the west side of Eagle Road approximately one mile north of Chinden Boulevard at 1501 South Eagle Road. (WEV) K. The Mayor is seekine Council confirmation of the appointment of Jane Marrs to the Library Board of Trustees. completine a vacated term which will expire on September 30. 2003. (NM) L. Review and approval of application for permit to possess or consume of alcohol beveraees. Mark L. Butler with Land Consultants, Inc. is requesting a permit to provide for June 6, 2003 from 4:00 p.m. to 12:00 a.m. Appropriate fees, as well as approval from the Ada County Sheriffs Office have been received. (SKM) M. Approval of surplus property: (SKM) 8F. The Eaele Fun Days Rodeo Committee is reQuestine an exception to Eaele's Noise Ordinance (4-9-3), for an event to be held on June 6.2003 scheduled to conclude at midnieht. The event will be held in the open field west of Rocky Mountain Fitness Center. This item was continued from the April 22, 2003 meeting. 8G. Acceptance or denial of proposal from MasCo to repair concrete work in the First Street Parkine lot. (VB) 81. United Water Franchise Aereement. 9D. Request for Funds ICDBG Proeram. PII ¡e3 K:\COUNCll.IMINUTESITeJl1>Orary Minutes Work Area\CC-OS-13-03min.doc 9F. Review and action on proposal submitted by Franz Witte Landscapinl! to transplant rose buses in Merrill Park. 9H. Review and Action of lease aereement between City of Eaele and Eaele Tropical Snow. 91. Discussion rel!ardinl! letter submitted by Laura McCarthy rel!ardinl! speed limits. Bastian moves to remove Item 91 from the Consent Agenda. Seconded by Guerber. ALL AYE: MOTION CARRIES................ Bastian moves to approve the Consent Agenda as amended. Seconded by Sedlacek. ALL AYE: MOTION CARRIES................ 91. Discussion rel!ardinl! letter submitted by Laura McCarthy rel!ardinl! speed limits. Bastian: we have a letter from Laura McCarthy requesting Eagle to adopt a minimum speed limit and that the speed limit be reduced from 25 mph to 20 mph. Mr. Sales is ready to speak on this issue. We can discuss this matter tonight or continue to a later date. General discussion. Bastian moves to continue this item to the next regular meeting on May 28, 2003, as Unfinished Business. Seconded by Sedlacek. ALL AYE: MOTION CARRIES................ 5. PROCLAMATIONS & RESOLUTIONS: None 6. FINAL PLATS: A. FP-2-03 - Final Plat for Henrv's Subdivision - Northwest Development LLC: The applicant is requesting final plat approval for Henry's Subdivision, a I9-10t (I8-single-family, 1- common) residential subdivision. The 38.64-acre residential subdivision is generally located on the west side of North Meridian Road approximately Y2-mile north of Floating Feather Road. The site is within the Eagle City Limits. (WEV) Mayor introduces the issue. Mayor swears in Kristen Van Engelen. Kristen Van England, applicant, provides Council an overview of the project. The project has lost one lot and is now 18 lots with one house per two acres with septic tanks. I would like to make a change to the plat and put solid grass to the side of the road instead of gravel. General discussion. Zoning Administrator Vaughan: I will stand for questions. Guerber moves to approve FP-2-03-Final Plat for Henry's Subdivision-Northwest Development LLC with the removal of recommendation #3 on Page 2 of 3 keeping all other recommendations and the normal requirements of approval and expecting compliance of applicants request to have grass to the roadway. Seconded by Nordstrom. ALL AYE: M OTI 0 N CARRIES.................. B. FP-5-03 - Final Plat for Castleburv Subdivision No.2 - Capital Development: Capital Development, represented by Dave Yorgason, is requesting final plat approval for Castlebury Subdivision No.2, a 15.25-acre, I5-lot (I3-buildable, 2-common) residential subdivision located on the north side of Chinden Boulevard approximately I-mile west of Locust Grove Road. (WEV) Mayor introduces the issue. PII ¡e4 K:\COUNCILIMINUfESITemporary Minutes Work Area\CC.OS-13-03min.doc Zoning Administrator Vaughan: Staff and the City Engineer have reviewed the plat and recommend approval and have found that it is in substantial compliance to the Preliminary Plat. General discussion. Mayor swears in Dave Yorgason. Dave Yorgason, applicant, discusses the changes to the plat. General discussion. Bastian moves to approve FP-5-03 - Final Plat for Castlebury Subdivision No.2 - Capital Development with the Site Specific Conditions of Approval and the Standard Conditions of Approval as set forth. Seconded by Sedlacek. ALL AYE: MOTION CARRIES................. General discussion. 7. PUBLIC HEARINGS: A. Review of proposed chanl!es 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. Mayor introduces the issue. City Attorney Buxton: Discusses the lawsuit that was decided by the Supreme Court. The Supreme Court does not believe it is possible to have exclusive hauling for trash. We have reviewed your Ordinance and believe that your Ordinance is not exclusive and we will probably have some small changes to the Ordinance that we will bring before you. You can go ahead with your hearing tonight. Council discussion on the proposed revisions and the measurements on the 32 gallon container. Mayor opens the Public Hearing. Mayor swears in Mark Miller. Mark Miller, 646 Palmetto Drive, discusses the committee's proposal and the changes. Distributes some maps in reference to the pilot program area and discusses the same. General discussion. Mayor swears in Dave Fisher. Dave Fisher, BFI, provides Council an overview of their request to implement automated trash in the City of Eagle. General discussion. Mayor swears in Tim Adams. Tim Adams, 238 Mission Drive, I am an opponent to this. We are encouraging people to use plastic bags with this proposal. BPI would like to own the trashcans and sell us the trash bags. I don't want to pay any more for the service. This is encouraging people to find other ways to dump their trash. General discussion. Mayor swears in Linda Bowlin. Linda Bowlin, 1273 Willow Wood Drive, I am a little surprised at the testimony I just heard. I don't think most people would find alternate ways to get around the system. I think this program will get the community thinking about recycling. This proposal has a lot of good things. I don't think the program goes far enough. I work at HP and that is what we recycle and it has been a very successful. PII ¡e5 K:\COUNCILIMINUTESITeJl1>Orary Minutes Work Area\CC-O5-13-03min.doc Mayor swears in Bob Van Amem. Bob Van Amem, 3049 S. Whitepost Way, I really never thought I would be talking trash. I wonder what happened to that original letter that seemed very equitable to me. How we got to this point I don't know. This will be a significant increase to me. Mayor swears in Blu DeLago. Blu DeLago, 752 E. River Chase Way, I'm wondering how they find out that you are over 65. Dave Fisher, BFI, I enjoy hearing from our customers. I'm glad that we are not hearing about bad service. We work very had for good service. Weare trying to look into the future and I don't want to come back to you in a year and discuss a large rate increase. By making a slight change now we can avert this possibility. General discussion. Russ Buschert, 235 W. Floating Feather, I will tell the truth to the best of my ability. Discussion on the cart rental. The carts are expensive and their life is about 2 years. This is a good reason that we want to have the cart rental built into the price. Tanya Mericle, BPI, Discussion on the pilot program. We would like Council to grant us the pennission to try the pilot program and if the response is not favorable or if the Council would like to go another route you are not locked in. The pilot program is for 60 days and we would come back to you after 60 days. There would be no change in the billing for the 60 day trial period. We are willing to change the homes that we have identified. Bob Van Amem, discusses revenue neutral and the pilot program. I think the people are educated and possibly there could be a rebate back to the customers with the extra revenue. General discussion. Mayor closes the public hearing. General Council discussion. Sedlacek moves to move forward with the pilot program for a period not to exceed 60 days, being July and August of this year, that we meet with BFI one more time to negotiate where the trial areas will be and the trial should include the billing and the costs as proposed on the pilot program. Seconded by Nordstrom. ALL AYE: MOTION CARRIES................... B. A-2-02/RZ-2-02 - Annexation and Rezone from RUT to R-2- ADA - Larry Flynn: Larry Flynn, represented by Brian Flynn with Rocky Mountain Engineering & Surveying, is requesting an annexation and rezone from RUT (Rural Urban Transitional- Ada County designation) to R- 2-ADA (Residential- two units per acre with Annexation and Development Agreement). The 36-acre, site is generally located Y2 mile east of Eagle Road and east of Island Woods Subdivision. (WEV) Mayor introduces the issue. Zoning Administrator Vaughan: Larry Flynn is here tonight and I will present the Development Agreement. At the last Council meeting you reviewed this annexation and Development Agreement and the associated preliminary plat, which is called Hidden Island Subdivision. Those applications were approved contingent upon the Public Hearing for the Development Agreement. You were provided the Development Agreement at your last meeting and have had additiona time to review it since then. In addition, provided to you on the dais tonight is a copy of a form from ACHD in reference to the Signal Light at Island Woods. General discussion. PII ¡e6 K:\COUNCll.IMINUTESITemporary Minutes Work Area\CC-O5-13-03min.doc Zoning Administrator Vaughn: Prior to the last meeting I meet with the applicants and their attorney and we went through this agreement item by item and agreed upon the conditions of development and they will be signators on this Contract. General discussion. Zoning Administrator Vaughan: If you are interested in the paperwork for the per lot share for the signalized intersection, I would recommend that be added as a condition to the Development Agreement. I have talked to Brian about this. An assessment of $110.00 a lot would be assessed because of the impact to the signalized intersection at Island Woods. Mayor opens the Public Hearing. Mayor closes the Public Hearing. Zoning Administrator Vaughn. I would propose that the following language be added to the Development Agreement: The applicant shall pay $110 per lot to ACHD for a contribution toward the signal at Island Wood Drive and Eagle Road prior to the City accepting the final plat. General Council discussion. Guerber moves to approve A-2-02lRZ-2-02 - Annexation and Rezone from RUT to R-2- ADA - Larry Flynn with the approval of the proposed Development Agreement as amend by adding Item #2.7 with the language proposed by the Zoning Administrator: "The applicant shall pay $110.00 per lot to ACHD for a contribution toward the signal at Island Woods Drive and Eagle Road prior to the City accepting the final plat. Seconded by Bastian. Bastian: AYE; Sedlacek: AYE; Guerber: AYE; Nordstrom: AYE: ALL AYE: M OTI 0 N CARRIES................... C. ZOA-03-03 (Proposed Ordinance No. 442) - Establishine and adoptine pressurized irrieation standards - City of Eaele: Ordinance Of The City Of Eagle, Ada County Idaho Amending Eagle City Code Title 9 "Land Subdivisions", Chapter 4 "Required Improvements", Section I "Improvements Required", Subsection 9 "Water Supply And Sewer Systems", Subsection C "Pressurized Irrigation Facilities"; Providing Supplemental Pressure Irrigation Standards; Providing A Severability Clause; And Providing An Effective Date. (WEV) Mayor introduces the issue. Vem Brewer, Holladay Engineering, provides Council an overview of the proposed Ordinance. What you have before you tonight is an Ordinance to amend the pressurized irrigation standards and in that process you are actually adopting standards, which can then be amended by Resolution. You have the Ordinance and the irrigation standards. I would like to point out to you one thing on the draft ordinance, Page I of 4, the third paragraph from the bottom that says: The City has adopted supplemental standards and regulations dated 5/5/03". I would recommend that you change that to read: "The City has adopted supplemental standards and regulations effective on the date of the publication of this ordinance". As soon as the Ordinance is published we will issues our standards with the date on the bottom and then that will become the effective date. General Council discussion. 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 Page 7 K:\COUNCILIMINUTES\Te~rary Minutes Work AreaICC-OS-13-03min,doc with, and that Ordinance #442 be considered after being read once by title only. Sedlacek reads Ordinance #442 by title only. Seconded by Nordstrom. Discussion. Sedlacek amends the motion to state: That Section 9-4-1-9C shall read: The City has adopted supplemental standards and regulations titled Pressurized Irrigation Standards and they be effective the date the Ordinance is published. Second concurs. ALL AYE: MOTION CARRIES................. Nordstrom moves that Ordinance #442 be adopted. Seconded by Guerber. Bastian: AYE; Sedlacek: AYE; Guerber: AYE: Nordstrom: AYE: ALL AYE: MOTION C A RRI ES........................... Bastian moves to adopt the pressure irrigation standards. Seconded by Nordstrom. ALL AYE: MOTION CARRIES................. Mayor calls a recess at 9:35 p.m. Mayor reconvenes at 9:50 p.m. 8. UNFINISHED BUSINESS: A. Review and action on bids for the installation of 2 drainaee detention areas in Merrill Park and an irrieation water bib. This item was continued from the April 22, 2003 meeting. (SKM) Mayor introduces the issue. Bastian moves to approve the installation of the 2 drainage detention areas in Merrill Park in the amount of $987.00 and authorizes the Mayor to approve the irrigation water bib not to exceed $500.00. Seconded by Guerber. ALL AYE: MOTION CARRIES.. ......... .......... B. Action on contract between Fireworks & Staee FX America. Inc. and City of Eaele for fireworks display. This item was continued from the April 22, 2003 meeting. (SKM) Mayor introduces the issue. Bastian moves to approve the contract between Fireworks & Stage FX American, Inc. for the fireworks display on the 4th of July not to exceed $5,000.00. Seconded by Nordstrom. Discussion. Bastian: AYE: Sedlacek: AYE: Guerber: AYE: Nordstrom: AYE: ALL AYE: M OTI 0 N CARRIES............... C. TZ Consultine Contract for municipal enforcement officer: This item was continuedfrom the April 22, 2003 meeting. (SEB) D. Atkins Tree Service contract for arborist. This item was continuedfrom the April 22, 2003 meeting. (SEB) Mayor introduces both the issues. City Attorney Buxton: Discusses the contracts for the municipal enforcement officer and the arborist. General discussion. Council would like to see the job descriptions. Bastian moves to continue Items 8C and D to the May 28, 2003, meeting and look forward to documentation of the jobs from legal counsel and staff. Seconded by Sedlacek. Discussion. ALL AYE: MOTION CARRIES....................... PlI ¡e 8 K:ICOUNCll.IMINUTESITemporary Minutes Work AreaICC-O5-13-O3min.doc E. Review ofnon-budeeted expenditures. This item was continuedfrom the April 22. 2003 meeting. (SKM) Mayor introduces the issue. General discussion. The City Clerk and the Mayor will bring back to the Council a recommendation of funding for the Code Enforcement Officer and Arborist at the May 28, 2003 Council meeting. F. The Eaele Fun Days Rodeo Committee is reQuestine an exception to Eaele's Noise Ordinance (4-9-3). for an event to be held on June 6. 2003 scheduled to conclude at midnieht. The event will be held in the open field west of Rocky Mountain Fitness Center. This item was continued from the April 22, 2003 meeting. Moved to the Consent Agenda by Motion. G. Acceptance or denial of proposal from MasCo to repair concrete work in the First Street Parkinelot. (VB) Moved to the Consent Agenda by Motion. H. Eaele Water & United Water Franchise Fees - P.U.C.: (SEB) This item was continued from the April 22, 2003 meeting. Mayor introduces the issue. City Attorney Buxton: You approved the Franchise contract on the Consent Agenda. As soon as United Water gets the contract they will get the tariff rates set. Eagle Water already has their tariff in place and is assessing Franchise Fees and the City should be receiving a payment. I. United Water Franchise Aereement: (SEB) Moved to the Consent Agenda by Motion. J. 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) This item was continuedfrom the April 22, 2003 meeting. Mayor introduces the issue. Nordstrom 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 #447 be considered after being read once by title only. Nordstrom reads Ordinance #447 by title only. Seconded by Guerber. Discussion. ALL AYE: MOTION CARRIES................. Nordstrom moves that Ordinance #447 be adopted. Seconded by Guerber. Bastian: AYE; Sedlacek: AYE; Guerber: AYE: Nordstrom: AYE: ALL AYE: MOTION CARRIES......................... .. K. Proposed Ordinance No. 448 reeardine burn bans. This item was continued from the April 22, 2003 meeting. (NM) Mayor introduces the issue. General Council discussion. Page 9 K:\COUNCll.\MINUTESITemporary Minutes Work Area\CC-O5-13.03min.doc Bastian moves to continue Proposed Ordinance No. 448 regarding burn bans to the May 28,2003 City Council meeting. Seconded by Nordstrom. Discussion. City Attorney Buxton provides Council an overview of the proposed ordinance. General discussion. Bastian amends the motion to state: That the ordinance is compatible with the recommendations of Compass. ALL AYE: MOTION CARRIES.................. 9. NEW BUSINESS: A. Findine:s of Fact and Conclusions of Law for A-2-02/RZ-2-02 - Annexation and Rezone from RUT to R-2- ADA - Larrv Flvnn: Larry Flynn, represented by Brian Flynn with Rocky Mountain Engineering & Surveying, is requesting an annexation and rezone from RUT (Rural Urban Transitional- Ada County designation) to R-2-ADA (Residential- two units per acre with Annexation and Development Agreement). The 36-acre, site is generally located Y2 mile east of Eagle Road and east of Island Woods Subdivision. (WEV) Mayor introduces the issue. Zoning Administrator Vaughan: On Page 9 of 11 I would ask that you modify the vote, under Council decision based upon the hearing this evening the Council voted 4 to 0 and strike the section that states: Nordstrom abstained. Adding the condition #2.7 which states: The applicant shall pay to the ACHD $110.00 per lot for contribution to the signal at Island Woods Drive and Eagle Road prior the City accepting a final plat application for this site. Bastian moves to approve the Findings of Fact and Conclusions of Law for A-2-02/RZ-2-02 - Annexation and Rezone from RUT to R-2- ADA - Larry Flynn with the recommendations just made by Zoning Administrator Vaughan. Seconded by Nordstrom. ALL AYE: MOTION CARRIES.......... B. Findine:s of Fact and Conclusions of Law for PP-3-09 - Hidden Island Subdivision - Larrv Flvnn: Larry Flynn, represented by Brian Flynn with Rocky Mountain Engineering and Surveying, is requesting preliminary plat approval for Hidden Island Subdivision. The 36-acre, 12-lot (ll-buildable, l-common) residential subdivision is generally located approximately Y2 mile east of Eagle Road at 736 East Riverchase Way. (WEV) Mayor introduces the issue. Guerber moves to approve the Findings of Fact and Conclusions of Law for PP-3-O9 - Hidden Island Subdivision. Seconded by Bastian. Discussion. THREE A YES: SEDLACEK ABSTAINS: MOTION CARRIES..................... C. Discussion to possibly seek the services of .Jim Birdsall to pursue e:rants to fund park development. Mayor introduces the issue. Jim Bridsall: I don't have a proposal at this. This is a good time to discuss this with you. I don't have an assessment of what the workload would be now. I think you can fund the projects with outside sources. Look at governmental funding in addition to private foundations. You need to also look at users groups for funding. General discussion. Council would like Jim to bring a proposal to the Council that will cover a program for parks/pathway development. Mayor, Council Member Guerber, Parks and Pathway to schedule a meeting. PlI ¡e 10 K:\COUNCll.lMlNUTESITeJl1>Orary Minutes Work Area\CC-OS-13-03min,doc D. Request for Funds ICDBG Proeram: Approval of request #004 of ICDBG funds in the amount of $1062.00 to reimburse Mercy Housing for project administration costs, and to authorize the Mayor to sign the Request for Funds documents. (SKM) Moved to the Consent Agenda by Motion. E. Amendment to Joint Powers Aereement with Ada Countv Sheriff's Office. (SEB) Mayor introduces the issue. Bastian moves to approve the Amendment to Joint Powers Agreement with the Ada County Sheriffs Office and authorize the Mayor to sign the Agreement. Seconded by Nordstrom. Bastian: AYE: Sedlacek: AYE; Guerber: AYE; Nordstrom: AYE: ALL AYE: MOTION CARRIES................ F. Review and action on proposal submitted by Franz Witte Landscapine to transplant rose buses in Merrill Park. (SKM) Moved to the Consent Agenda by Motion. G. Action on request for donation of funds for Eae:le Hie:h School's Senior Party. (SKM) Mayor introduces the issue. Bastian moves to contribute $1.00 per graduating student for Eagle High School's Senior Party and to the Eagle Academy. Seconded by Nordstrom. Discussion. ALL AYE: MOTION CARRIES.................. H. Review and Action of lease ae:reement between City of Eae:le and Eae:le Tropical Snow. Moved to the Consent Agenda by Motion. I. Discussion ree:ardine letter submitted by Laura McCarthy reeardine: speed limits. (NM) Moved to the Consent Agenda by Motion. J. Discussion proposine 3 (three) Council meetine:s a month. (NM) Mayor introduces the issue. General Council discussion. CONSENT AGENDA REPORTS: Mayor and Council's Report: Sedlacek: Reports on relocating the East Entry Sign. Discussed the relocation with the Chamber of Commerce and they seem to be fine with this. General discussion. Economic Development Committee meeting is Thursday. I will be out of town next week. Discussion on Jayo's letter in regards to Council Member Nordstrom's participation on this projects. The City Attorney has talked to Mr. Jayo's legal council. I would like the East Entry Sign put on an agenda. This will be on the May 28, 2003 City Council Agenda. Discussion on the Business License. Letters are not to be sent out and the Mayor and Council representative will be on the Chamber Board meeting. Bastian: Reports on the School Board meeting. Reports on the Design Review Board meeting. Reports on the Ada County Sheriffs Office. Page 11 K:\COUNCll.lMlNUTESITemporary Minutes Work Area\CC-O5- I3-03min.doc Reports on the Library Board Meeting. Ann is going to stay on until the end of June to help with the transition. Guerber: Tomorrow is the Air Quality Board meeting. Reports on the Governor's Tourism and Recreation Conference and one of the speakers spoke on signage, entries to cities and how to attract people into your city. Nordstrom reports on the meeting with Bill and the representative from Black and Veatch. Bastian moves to reconsider Item #4H. Seconded by Nordstrom. ALL AYE: MOTION CARRIES............. Staff to contact Reed Cycle Shop and bring this matter back before the Council. Discussion on the Town Hall Meeting Thursday night. Mayor: Reports on the Liquor Distribution Money and the Idaho State Police taking this funding away from the City's because the State Police are enforcing the liquor laws in some cities. This money was to go back to the cities to enforce liquor laws. I would like this budget cycle to have these funds dedicated to the sheriffs contract expenditure. Reports on the Saturday Market. Discussion on the Asset Builder. We are not getting the benefit that we thought we would and I would recommend that we don't fund this program next year. Discussion on funding/dues for Compass. Reports on meeting with Emergency Management. Discussion on Compass. Zoning Administrator's Report: Discussion on Vendors and Temporary Merchants. City Attorney Report: Reports on charging a reservation fee and the City immunity under the Recreation Immunity Statute. City Clerkffreasurer Report: I leave on Friday for the International Institute of Municipal Clerk's annual meeting in Columbus, Ohio. I have been asked to be assist with Academy presentation on Construction Management. We are going to go over the amount of money that we have in the Merrill Park Donation fund by approximately $750.00 and I would like to take that amount of the Capital Park Construction Fund so we can order the additional benches and trash receptacles for the park. Council concurs. 10. ADJOURNMENT: Bastian moves to adjourn. Seconded by Bastian. ALL AYE: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 12:20 p.m. Respectfully submitted: ~~ 4-u.-}Z ~ {~N<- SHARÒN K. MOORE CITY CLERKffREASURER """""" ", '" ......" x £AG¿ #,##, ..' \ 0 ........./;' #.. ~ ..,. ..' ..".. ¡ f:~. 10tlA7'<$'...,., ~,. \. : CJ o-:r .-: \ CJ ,.' ;::: : þo.. \... Co ~ -. :: .. ,,~ ~ <~~::' ç .~C' ,.0; "- .. Oppo'f c' -... ~ ......,-".." " .##. l' A. TE C"'."- #'-, "" ""......" PlI ¡e 12 K:\COUNCll.IMINUfES\Te~rary Minutes Work Area\CC-O5-13-03min.doc , ,- .'"�`;CHD N'�'' A Ada County Highway District INTER -OFFICE MEMO May 12, 2003 Business Relations Office TO: Eagle Mayor and Council FROM: Larry Sale, ACHD Liaison to the City SUBJECT: Island Woods Signal, Hill Road Property, and Local Street Speed Limits in Eagle This material is being provided to you in written form for your information before the Council meeting on May 13, 2003. 1. Island Woods Drive/Eagle Road Traffic Signal As I advised you last month, the lowest bid by Romar Electric exceeded the engineer's estimate and the available funding by a considerable amount. The low bid was $204,838.17, $55,000 more than the engineer's estimate and $35,000 more than the available funds. The Idaho Transportation Department has assured the District that they will pick up the additional costs and, based on that assurance, the ACHD Commission accepted the Romar bid May 7, 2003. The Notice to Proceed has been issued with a start date of May 12 and a completion date of July 7, 2003. A pre -construction conference was held May 9 at the Highway District with the contractor. Presumably, the construction will be underway before your Tuesday meeting. 2. Hill Road Property My recollection of your joint meeting with Ada County is that the ball is now with the City and the County to determine how much land to transfer from Ada County ownership to City ownership. There was discussion of varying acreages, including up to 80 -acres for a regional park site. After that decision is made, the property should be surveyed, boundary descriptions have to be prepared, and at least one inter -agency agreement has to be prepared by the respective attorneys to effect the exchanges of property from Ada County to the City and from the City to ACHD, or from Ada County to both the City and ACHD. The Highway District has identified approximately 10 -acres that will meet the needs of the District for the foreseeable future. 3. Local Street Speed Limits in Eagle I asked the ACHD Traffic Department to review the letter from the citizen regarding changing residential street speed limits to 20 MPH from the current 25 MPH and provide me with their counsel. While lower speed limits may appear to improve safety, they don't always do so. People drive at a speed that is a combination of their perception of the conditions in which they are driving and the posted speed limit. Most drivers ignore 20 MPH speed limits, except in special circumstances such as school zones where they can see the boundaries of the 20 MPH restriction. The same drivers will make an attempt to observe a 25 MPH speed limit; others will not obey any speed limit. a. Here's what other cities in Ada County are doing: i. Boise has local speed limits of 20 MPH and the Boise STEP officers indicate a significant problem with enforcement. The police have to be selective in their enforcement of the speed limit, only ticketing drivers at speeds that would be violations of 25 MPH (or higher) speed limits. ii. Star has 20 MPH speed limit on the local streets. iii. Meridian's speed limit is 25 MPH. They looked at lowering it to 20 MPH and decided it is too difficult to enforce and have rejected that idea. iv. Garden City is 20 MPH. v. Kuna has just passed an ordinance raising their speed limit to 25 MPH and apparently will stick with it. b. Changing the citywide speed limit to 20 MPH would remove the distinction of speed limits for school zones and the District would likely remove the special speed limit signs for school zones and replace them with standard 20 MPH signs. c. I strongly suggest you discuss this suggestion with the Sheriff's Department as well. d. We believe there are 75-80 speed limit signs in Eagle, not all of which would have to be replaced, but the vast majority would. The cost to replace them is about $100 per sign. Would the City reimburse the District for this cost? Please call or e-mail me if you have any questions before Tuesday. (387-6118 and/or (sale @ achd.ada. id. us).