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Minutes - 2003 - City Council - 05/28/2003 - Regular V' EAGLE CITY COUNCIL Minutes May 28, 2003 ORIGINAL 1. CALL TO ORDER: Mayor Merrill calls the meeting to order at 6:00 p.m. 2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. All present. A quorum is present. 3. NEW BUSINESS: A. Canvas votes from the May 27. 2003 Special Bond Election. Mayor introduces the issue. The results of the election are as follows: In favor of issuing bonds, Precinct #500-382 votes and Precinct #501-374 votes. Against issuing bonds, Precint #500-389 votes and Precinct #501-438 votes. Total of 756 votes in favor of issuing bonds and 827 votes against issuing bonds. There was a total of 1,583 votes cast and we needed 2/3 majority or 1,056 votes in favor. So the bond issue failed. There were 7,480 registered voters in the City of Eagle. General discussion. Bastian moves to approve the Canvas of the votes from the May 27, 2003 Special Bond Election. Second by Sedlacek. Discussion. ALL AYE: MOTION CARRIES............ B. Resolution No. 03-07: A resolution of the City Council of the City of Eagle canvassing the returns and declaring the results of the Special Bond Election. Mayor introduces the issue. City Clerk Moore: Council doesn't need to consider Resolution No. 03-07 since the bond issue failed to be approved. General Council discussion. Mayor adjourns the special meeting at 6:35. PRE-COUNCIL AGENDA: 1. City Engineer Report: Vern Brewer, Holladay, discussion on storm drain issues. General discussion. 2. City Attorney Report: Most of the items I need to discuss needs to be in Executive Session. 3. Mayors Report: Discussion on the landscaping at Oakley Estates. General discussion. This item will be added to the regular agenda. Stan moves to amend the agenda to have an executive session to consider pending litigation. Second by Nordstrom. ALL AYE: MOTION CARRIES............... 3. City Clerkffreasurer Report: Reports on the IIMC Conference in Columbus, Ohio and discusses project management. 4. Zoning Administrator's Report: Moved to end of the agenda. 5. Mayor and Council's Report: Moved to the end of the agenda. Page 1 K:\COUNCILIMINUTESITeJl1>Orary Minutes Work AreaICC-O5-28-03min,doc 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: Stan moves to amend the Agenda by adding the following items to the Consent Agenda: 4E. Application for Permit for Possession and/or Consumption of Alcohol Beverages for Smoky Mountain Pizza & Pasta; 4F. Application for Permit for Possession and/or Consumption of Alcohol Beverages for Da Vinci's; 4G. Application for Permit for Possession and/or Consumption of Alcohol Beverages for Dave ParrielMr. Lucky's LoungelEagle Fun Day's Rodeo; 4H. Allison Krauss Bluegrass Music performance. Seconded by Guerber. Discussion. 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 May 13, 2003. C. DR-5-03 - Wendy's Restaurant with drive thru within Eal!le River Development - Wenco: Wenco, represented by Billy Ray Strite with BRS Architects, is requesting design review approval to construct a 3,100-square foot Wendy's Restaurant with drive thru. The site is located at the southeast corner of Eagle Road and East Eagle River Drive within Eagle River Development. (WEV) D. DR-13-03 - Two Buildinl! Wall Sil!ns For Second Avenue Qualitv Consil!nment Fine Housewares - Second Avenue Inc.: Second Avenue Inc., represented by Mark Butler, is requesting design review approval to construct two building wall signs for the Second Avenue Quality Consignment Fine Housewares. The site is located on the northeast corner of East State Street and 2nd Street at 222 East State Street. (WEV) E. Application for Permit for Possession and/or Consumption of Alcohol Beveral!es for Smoky Mountain Pizza & Pasta. F. Application for Permit for Possession and/or Consumption of Alcohol Beveral!es for Da Vinci's. G. Application for Permit for Possession and/or Consumption of Alcohol Beveral!es for Dave Parrie/Mr. Luckv's Lounl!elEal!le Fun Dav's Rodeo. H. Allison Krauss Bluel!rass Music performance. Page 2 K:\COUNCIL\MlNUTESITemporary Minutes Work Area\CC.OS-28-03min,doc Nordstrom: I would like to remove item 4H. from the Consent Agenda for discussion. Guerber: I would like to remove item 4A. from the Consent Agenda. 4H. Allison Krauss. Bluel!rass music performance in Eal!le on September 2. 2003. Nordstrom: I would like to hear Mr. Butler's presentation on this performance. Mark Butler: Provides the Council an overview of the concert. General Council discussion. Bastian moves to approve the performance by Allison Krauss on September 2, 2003, as presented tonight and recognizing that in the event the City Annexes the property this is our official action. Seconded by Guerber. Discussion. ALL AYE: MOTION CARRIES............. 4A. Claims Al!ainst the City. Guerber: I would like to ask on the Claims against the City that the item related to the release of the surety for Oakley Estates be pulled off and that the remaining claims against the City be approved. Seconded by Sedlacek. Discussion. ALL AYE: MOTION CARRIES................ Guerber moves, because there is concern expressed about some aspects of Oakley Estates Subdivision, to have the City Attorney look at this and see if it is possible that we can use this $2,000 surety against the landscaping issues to get them taken care of and authorize the City Attorney to draft a Complaint in regard to Oakley Estates failure to comply with landscaping guidelines. Seconded by Bastian. Discussion. City Attorney: It appears from a report that you received at Pre-Council tonight that the conditions on May 19, 2003, in regards to this project had been met and that as of today we have new information that we don't believe the conditions have been met as declared by the City Ordinances as well as the terms and conditions of that project. I believe it is appropriate to withhold payment of this claim. ALL AYE: MOTION CARRIES.......................... Bastian moves to approve the Consent Agenda as amended. Seconded by Guerber. ALL A YE: MOTION CARRIES................... 5. PROCLAMATIONS & RESOLUTIONS: None 6. FINAL PLATS: A. FPUD-2-03 & FP-3-03 - Final Development Plan and Final Plat for Two Rivers Subdivision No.6 - T. R. Company LLC: T. R. Company LLC, represented by Dan Torfin, is requesting final development plan and final plat approval for Two Rivers Subdivision No.6, a 50-lot (38-buildable, 12-common) residential subdivision. This 12.50-acre phase of Quarter Circle Ranch PUD is located on the west side of Eagle Road approximately 16oo-feet south of State Highway 44. (WEV) Dan Torfin, representing T.R. Company LLC, provides Council an overview of the Final Development Plan and Final Plat for Two Rivers. I would like Council to consider eliminating condition No. 11 and make a note that it does not pertain to this phase. General discussion. Discussion on the architecture of the houses proposed. Pictures are distributed to the Council. General discussion. Page 3 K:\COUNCll.IMINUTESITemporary Minutes Work Area\CC-OS-28-03min,doc Planner Lowe: Provides Council an overview and history of the project. With regard to the pathway requirement along the Chevron Pipeline, staff was probably a little zealous in requiring Mr. Torfin to do that in this phase. It would more appropriate to have this done in the later phase. Discussion of the alignment of the cul-de-sac. Staff believes that this phase meets the intent of the preliminary development plan and recommends approval with the conditions as noted. General Council discussion. Guerber moves to approve the final plat of FPUD-2-03 & FP-3-03 - Final Development Plan and Final Plat for Two Rivers Subdivision No.6 with the guidelines set down by Staff with the exception of Condition #11. Seconded by Sedlacek. ALL AYE: MOTION CARRIES.............. 7. UNFINISHED BUSINESS: A. DR-12-03 - Buildine Addition to Reed Cvcle 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) Mayor introduces the issue. As you remember, we had this on the Consent Agenda at our last meeting, approved it and then we forgot that one of the City requirements is to have their lines go underground and the Design Review Board had made an exception to that and we reconsidered this and noticed it up tonight and invited Bill and Tami Reed to come tonight and discuss with us how we can make these lines go underground. Bill Reed: I would like to ask the Council for an exception. I have looked at other areas around town, including the City parking lot, and there are overhead and not underground lines. The lines were in the back so they were obstructed. Ours are much more obstructed because of their location in the back. The lines are very hard to see and I have concern of the tree that is located there and the new black top. It will be had to place the lines underground. General discussion. Mayor, Council, Bill Reed and the public step outside to look at Reed Cycle Shop's overhead lines. Council general discussion. Bastian moves to approve DR-12-03 - Building Addition to Reed Cycle Shop and that the power lines are not required to be buried and that the telephone line be moved to the West Gable of the building. Seconded by Sedlacek. Discussion. Sedlacek: for the record there is a real risk of loosing the Blue Spruce if we were to demand this. ALL AYE: MOTION CARRIES.... ......... ..... B. TZ Consultine Contract for municipal enforcement officer: This item was continuedfrom the May 13, 2003 meeting. (SEB) Mayor introduces the issue. City Attorney Buxton: Discusses the contract and the job description. Both contracts are similar, they are independent contractors. We took the scope of work out and added a job description. The disclaimer language on the Exhibit needs to be eliminated. Discussion on the issue of employee/independent contractor. General discussion. Page 4 K:\COUNCll.\MINUTESITemporary Minutes Work Area\CC-O5-28-03min,doc Bastian moves to approve the creation of a Code Enforcement Officer and authorize the Mayor to enter into a contract with Thomas W. Wilson and approve the job description. Seconded by Guerber. Discussion. Bastian amends the motion to strike the disclaimer on Page 2 of the job description. Second concurs. THREE A YES: ONE NAY: MOTION CARRIES.. ................. C. Atkins Tree Service contract for arborist. This item was continued from the May 13,2003 meeting. (SEB) Mayor introduces the issue. Bastian moves to approve the contract for city forester with W. Keith Atkins and authorizes the Mayor to sign the Contract and approve the job description minus the disclaimer and signature lines on Page 3. Seconded by Guerber. Discussion. THREE A YES: ONE NAY: MOTION CARRIES............ Nordstrom calls for a reconsideration on the job description for the Arborist. Seconded by Guerber. ALL AYE: MOTION CARRIES................ Discussion on what the arborist is going to be doing first out of all the job duties. Nordstrom would like to hear Design Review, Barbara Cerda and Mr. Atkins ideas of what job priorities are going to be done first. D. Review of non-bud2eted expenditures. This item was continued from the May 13, 2003 meeting. (SKM) Mayor introduces the issue. General Council discussion on which line items the funds for the Code Enforcement Officer, Arborist and other approved expenditures will come out of. E. Ea21e 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: This is completed. United Water has applied to the P.u.e. for their tariff and I believe the P.u.e. approved the tariff today. F. United Water Franchise A2reement: (SEB) Mayor introduces the issue. City Attorney Buxton: This matter is completed and the agreement has been signed. G. Proposed Ordinance No. 448 re2ardin2 burn bans. This item was continued from the May 13. 2003 meeting. (NM) Mayor introduces the issue. Zoning Administrator Vaughan would like to continue this matter one more time. General discussion. Guerber moves to continue this item to the June 10, 2003, City Council meeting. Seconded by Nordstrom. ALL AYE: MOTION CARRIES................ H. Discussion re2ardin2 letter submitted bv Laura McCarthv re2ardin2 speed limits. This item was continued from the May 13,2003 meeting. (NM) Mayor introduces the issue. PlI ¡e 5 K:\COUNCll.IMINUTESITemporary Minutes Work AreaICC-O5-28-03min,doc General Council discussion. Larry Sales, ACHD, discusses a memo he sent to the City Council regarding the speed limit issue in other cities. We can put signs on the major routes where they cross city boundaries. Tim Reed, I live in Lexington Hills, discusses the speed limit issue. Bastian moves to direct the Mayor to request the County to put speed limits signs "25 MPH unless otherwise posted" at the entrance to our City and on all major roads. Seconded by Sedlacek. Discussion. ALL AYE: MOTION CARRIES.............. H. Review and action on the bid for community park sil!nal!e submitted by Classic Desil!n Studio: Mayor introduces the issue. The Park Committee agreed with Council that Option B. would be the best sign. City Attorney Buxton: I believe under Title 50-341 because of the design and proprietary nature of the design and because of the signs the City has already installed, it is an exception to the bid law. General discussion. Jason, Classic Signs, presents a display model of the sign for Council's review. General discussion. Sedlacek moves to declare Classic Design Studio as the sole vendor for the source of procurement for outside signs for the municipal corporation of the City of Eagle pursuant to State Code 50-341(1). Seconded by Nordstrom. Discussion. Sedlacek amends the motion to add: because of the unique proprietary design. Second concurs. ALL AYE: MOTION CARRIES.................. City Attorney: The declaration needs to be published ten days before the contract can be approved. Guerber moves to approve the contract upon completion of the appropriate legal motion and publication with Classic Design Studio in the amount of $6,300.00. Seconded by Sedlacek. Discussion. Guerber withdraws the motion, Second concurs. This item will come back before Council for approval at the June 24, 2003 meeting. Mayor calls a recess at 9:30 p.m. Mayor reconvenes at 9:40 p.m. 8. PUBLIC HEARINGS: A. CU-2-03 - Credit Union Facility with drive-up service - Westmark Credit Union: Westmark Credit Union, represented by Newell Goldsberry with Sundberg & Associates, is requesting conditional use approval to construct a credit union facility with four drive up service lanes. The .82-acre site is generally located on the northeast comer of Eagle Road and Eagle Ri ver Street. (WEV) Mayor introduces the issue. Phil Hull, representing Westmark Credit Union, displays an overhead of the site plan and provides the Council an overview of the project. General discussion. City Planner, Jeff Lowe, displays a site plan and provides Council an overview of the project. Staff has recommended approval with the conditions listed in the report. General discussion. PII ¡e6 K:\COUNCll.IMINUTESITemporary Minutes Work Area\CC-O5-28-03min.doc Mayor opens the Public Hearing. Mayor closed the Public Hearing. Bastian moves to approve CU-2-03 - Credit Union Facility with drive-up service - Westmark Credit Union with the Site Specific Conditions and the Standard Conditions of Approval. Seconded by Sedlacek. ALL AYE: MOTION CARRIES................... B. V AC-O2-03 - Vacation to the final plat of Redwood Creek Subdivision No.2 - Brent and Vireinia Davis: Brent and Virginia Davis, represented by Jason Densmer with Roylance & Associates P A, is requesting City approval of a vacation to the final plat of Redwood Creek Subdivision No.2 to remove the utility, drainage and irrigation easement along the common side lot line of Lots 11 and 12, Block 5, to satisfy a lot line adjustment. The utility, drainage and irrigation easement required for the side lot line will be satisfied with the creation of a new easement along the new common side lot line. The site is located on the east side of West Timber Drive approximately 400-feet north of West Conifer Court. (WEV) Mayor introduces the issue. Mayor swears in Jason Densmer. Jason Densmer, representing Roylance & Associates, and displays a property line adjustment plat and discusses the same. General discussion. Planner Jeff Lowe: We have received all of the letters needed from the utility companies, the Homeowner's Association has provided a letter acknowledging and approving this and staff feels this is a better configuration of the lot. Staff recommends approval with the conditions. Mayor opens the Public Hearing. Mayor closes the Public Hearing. Sedlacek moves to approve V AC-O2-03 - Vacation to the final plat of Redwood Creek Subdivision No.2 - Brent and Virginia Davis with all of the Staff recommendations and Conditions of Approval. Seconded by Nordstrom. ALL AYE: MOTION CARRIES.................... . 9. NEW BUSINESS: A. Arts Commission review of proposed policy on erant awardine procedure. (Linda Butler) Mayor introduces the issue. Linda Butler, Arts Commission. We received two grant applications and I would like to present these to you and give you the opinion from the Commission. One grant was for $3,000 for costumes for a dance group. We would like to send them a letter denying the grant application. The Chamber Orchestra would like $3,000 to purchase a keyboard for the orchestra. The Commission felt that they could purchase a keyboard for less money and we would like to offer matching funds for the purchase of the keyboard. The Commission would like to write letters reflecting these issues. General discussion. Council concurs with Linda on both grants. B. Discussion reeardine the relocation of the east entry sien. (LS) Mayor introduces the issue. Page 7 K:\COUNCILIMINUTESITemporary Minutes Work Area\CC-OS-28-03min.doc Sedlacek discusses her May 28, 2003 memo in regards to the issue. General Council discussion. This item will be on a future agenda for a formal presentation. C. Attorney opinion on liability exposure for chandnl! park reservation fees. (SEB) Mayor introduces the issue. General discussion on the Attorney's opinion. City Attorney Buxton: We need to make sure that we are specific on what our charges are for so we don't kick ourselves our of the liability and it does appear that the City is in good shape and how you are doing it. General discussion. Discussion on vandalism in the City and at Merrill Park. An article should be put in the Valley Times. Discussion on a reward. Pre-Council Reports: Guerber: I would like to see some signage at Friendship Park. Basically asking the people to be courteous particularly when it comes to foul language. It is beginning to drive parents off with small children. The basketball players don't seem to know how to control themselves with their language. Use the same sign as put at the skateboard park. Smart Growth called and I went to a meeting today and the cut back in enhancement funds would have an affect on the City funding for pathways. I talked to Terri Bath at the Chamber and she indicated that they might be interested in having Roger Brooks give his presentation and would the City be interested in splitting the costs. I contacted him in Seattle. He does about a 4 hour presentation. He charges $1,500 and we would pay for his flight and travel costs. We are going to trying to do something in September. Discussion on some of the areas in town that need to be cleaned up. Discussion on the pine tree in the Arboretum that blocks the pathway to the bridge and on transplanting the tree in Heritage Park. We should talk to the arborist about this. Discussion on the Web Page information and emails. Nordstrom: Valley Ride meeting is coming up. We are waiting for a reply on the Black and Veatch. Bastian: June 12th the Friends of the Library are giving an open house for Ann Gallinger from 4:00 - 8:00. Desire on the Library Board for Ron Baker to do the budget for next year. Reports on the Design Review Board meeting. Sedlacek: Discussion on Hill Road Master Plan and the delivery system of the irrigation water. Discussion on property assessment values in the City. Mayor: Discussion on the water fountain at Merrill Park that is still not working. Treasure Valley Partnership meeting is tomorrow and we will be discussing Eagle Island State Park. Reports on the 4th of July celebration. Page 8 K:\COUNCll.IMINUTESITemporary Minutes Work Area\CC-O5-28-03min.doc Reports on the open house on the Hill Road Park Master Plan. Zoning Administrator: Jeff Lowe, Planner: Discussion on the Clear Creek Crossing pathway. The pathway is half gravel and half asphalt. Council concurs: either pave the entire pathway or remove the asphalt and put in gravel. EXECUTIVE SESSEION IS NOT HELD 11. ADJOURNMENT: Guerber moves to adjourn. Seconded by Bastian. ALL AYE: MOTION CARRIES.................... .. Hearing no further business, the Council meeting adjourned at 11 :00 p.m. Respectfully submitted: Ä r'1 '. - ~ 1l:J G-tJ-I.< SHARON K. MOORE CITY CLERKffREASURER APPROVED: " """"'" ~", OF B "'« ~, ~ <1() '« ~" «.. ........ '( ',#. :'...... .. .. ~ '=" i ..., ... .<:'." O? ,1 :>- ... '\ : :cC' -(';o~ ~ : : - . : -.. ..- :*- - . - ¡ ~< .;::i: to . ,-' '" .. ...... <"\ '..e 0 ~ ... ú',>- " . -, " .~ .: ',"'~' ,. ~".." " . ~ " " >' .." "II j ~~. 0 I; \ oJ ~~~~ '...'UII"""~ Page 9 K:\COUNCll.IMINUTESITemporary Minutes Work Area\CC-O5-28-O3min.doc