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Minutes - 2003 - City Council - 08/26/2003 - Regular /' ORIGINAL EAGLE CITY COUNCIL Minutes August 26, 2003 PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m. 1. Discussion regarding possible park land donation by Charlie Wood. Charlie Wood and his son, Randy Wood, address Council in regards to the donation of park land. Displays photos of the property. Discussion on development of the remainder of the property. I wouldn't be able to donate the property to the City until 2007. I will follow this up with paperwork to tell the City what my intentions are. General discussion. 2. Larry Sale, liaison ACHD, the last public information meetings on the State Street Corridor are September 30th and October 2nd. I would like to get word out to the people in Eagle to encourage them to express their opinion as commuters. Discussion on Joint Meeting scheduled for September 2, 2003. Discussion on agenda items and ACHD Impact Fees. 3. City Clerkffreasurer Report: Monday, September 29th, is the 5th Monday of the month and a joint meeting with P&Z and DR is scheduled. I will contact P&Z and DR to see if they have any issues to be discussed. Discussion on AIC's Brightest Stars award. Council would like to participate and will provide their suggestions. Discussion on the area at the Library where the landscaping was removed last year. Trautman's cost will be $500.00 to clean up the area. Council concurs to have the work done. Also, the empty lot by the West Entry Sign needs to be mowed. 4. Zoning Administrator's Report: Jeff Lowe, Planner, discusses the meeting with Idaho Power transmission lines. Discussion on Council meeting for the public hearing. Council concurs to have Council discussion on the transmission lines on September 23, 2003, before Pre-Councilor through Pre-Council depending on the Pre-Council schedule. 5. City Attorney Report: Discusses Ordinance 451. This will need to be continued. Discusses Memorandum of Understanding on impact area with the City of Boise. Discussion on the draft agreement between Ada County and the City of Eagle in regards to the Ada/Eagle Park. General discussion. Franchise Fees for satellite dishes. There are multiple outlets that you can purchase your satellite equipment so it wouldn't be possible to have a franchise fee. General discussion. DeShazo Complaint has been filed and we have not had an answer. Ali Bonakdar, Compass: I would like the City to prioritize your transportation projects for the 5 Year Work Program. This is scheduled for P&Z and then it will come to the Council. 6. City Engineer Report: No report 7. Mayor and Council's Report: Moved to the end of the meeting. REGULAR COUNCIL AGENDA: 7:30 p.m. 1. CALL TO ORDER: Mayor Merrill calls the meeting to order at 7:35 p.m. 2. ROLL CALL: Bastian, Sedlacek, Guerber, Nordstrom. All Present. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Page I K:\COUNCIL\MlNUTESITemporary Minutes Work Area\CC-O8-26-03min.doc 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 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 August 12,2003. C. Minutes of August 19,2003. D. Findine:s of Fact and Conclusions of Law for FPUD-5-03 & FP- 7-03- Final Development Plan and Final Plat for Two Rivers Subdivision No.8 - T. R. Companv LLC.: T. R. Company LLC, represented by Dan Torfin, is requesting final development plan and final plat approval for Two Rivers Subdivision No.8, a 36-lot (28-buildable, 8-common) residential subdivision. This 21.63-acre phase of Quarter Circle Ranch PUD is located on the west side of Eagle Road approximately 1600-feet south of State Highway 44. (WEV) E. Findim!s of Fact and Conclusions of Law for A-I-03 & RZ-I-03 - Annexation and Rezone From RUT to R-4 - Donna Weston: Donna Weston, represented by Roylance & Associates, is requesting an annexation and rezone from RUT (Rural Urban Transitional) to R-4 (Residential- up to four dwelling units per acre). The 5.03-acre site is located on the west side of Horseshoe Bend Road approximately 1,150- feet south of Floating Feather Road, at 10895 Horseshoe Bend Road. (WEV) Sedlacek moves to approve the Consent Agenda minus the minutes of August 12, 2003. Seconded by Nordstrom. ALL AYE: MOTION CARRIES........................ Minutes of August 12, 2003. Mayor: On Page 7, #8, I would like to have the Council discussion added to the minutes. Guerber moves to amend the minutes of August 12, 2003 to include under Item #8A the verbatim discussion of the City Council. Seconded by Sedlacek. ALL AYE: M OTI 0 N CARRIES........................ 5. PROCLAMATIONS & RESOLUTIONS: A. Resolution 03-10: A resolution of the Eagle City Council, Eagle, Ada County, Idaho, allowing for equestrian use of the greenbelt; and providing an effective date. (SKM) Page 2 K:\COUNClL\MINUTES\Temporary Minutes Work Area\CC-O8-26-03min.doc Mayor introduces the issue. I would like a change to the Resolution; it should state "on the unpaved sections of the Greenbelt". Sedlacek moves to approve Resolution 03-10 with following changes: Under the "Whereas" it should state: ".........permissible use along the unpaved section of the Greenbelt within the City limits.", and in Section 1: it should state" ...equestrian use of the unpaved section of the Greenbelt." Seconded by Guerber. ALL AYE: MOTION CARRIES....................... 6. FINAL PLATS: A. CP-I-03 - Condominium Plat for Cohiba Condominiums - Asin & Moodv: Asin & Moody, represented by Kent Brown with Briggs Engineering, is requesting approval for a 7-unit condominium plat for Cohiba Condominiums. This proposal is located within Merrill Subdivision No.1 (Rocky Mountain Business Park), generally located on the northwest corner of State Street and Iron Eagle Drive. (WEV) Mayor introduces the issue. Planner Lowe: Displays a site plan and provides Council an overview of the application. Staff recommends approval. General discussion. Kent Brown, representing the applicant, we have no problems with the conditions of approval. We have no problem with a master sign plan. Discussion on grounds maintenance. Bastian moves to approve CP-I-03 - Condominium Plat for Cohiba Condominiums with a Site Specific Condition of Approval that a master sign plan be developed and present to Design Review for their approval and then come to City Council for approval. Seconded by Guerber. ALL AYE: MOTION CARRIES................ 7. PUBLIC HEARINGS: A. V AC-4-03 - Vacation to the final plat of Escondida Subdivision - Boise River Builders: Boise River Builders, represented by Dave McKinnon with Pinnacle Engineers, is requesting City approval of a vacation to the final plat of Escondida Subdivision to vacate the building envelope on Lot 4, Block 1. The site is located on the east side of North Falcon Ridge Lane approximately 800-feet north of Valli-Hi Road. This site is located in the Eagle Area of Impact. (WEV) Mayor introduces the issue. Planner Lowe, displays an overhead of the plat and provides Council an overview of the application to vacate. General discussion. Mayor swears in Dave McKinnon. Dave McKinnon, Pinnacle Engineers, representing the applicant, we agree with staff's recommendations. Provides Council an overview of the project. Mayor opens the Public Hearing Bill Whalin 3941 N. Falcon Ridge Lane, I have talked to Dave several times and I have no problems with what is trying to be accomplished. I would like to know where they Page 3 K:\COUNCIL\MlNUTES\Temporary Minutes Work Area\CC-O8-26-03min.doc propose to put the home and the out buildings. Dave McKinnon: Discussion on the location of the building pad. I have had discussion with Jeff and where the building pad will be. I have sent a copy of the location of the building pad to Mr. Whalin. Mayor closes the Public Hearing. Nordstrom moves to approve V AC-4-03 - Vacation to the final plat of Escondida Subdivision with the Staff recommendations, Planning and Zoning recommendations and the submittals upon behalf of the applicant and their representatives. Seconded by Sedlacek. ALL AYES: MOTION CARRIES......... B. CU-7-03 - First Ba tist Church ofEa Ie Da care Center reschool- LaDawana C. Wilson: LaDawna C. Wilson is requesting conditional use approval to provide a Daycare Center (pre-school facility) within the existing dwelling unit located on the site which is a part ofDR-44-02 (currently under review for a proposed church). The 2.94 acre site is located on the north side of East State Street approximately Y2 - mile east of Eagle Road at 350 East State Street. (WEV) Mayor introduces the issue. Planner Lowe, displays a site plan and provides Council an overview of the application. There is not a definition of a daycare center in Eagle City Code so we are referring to this as a "preschool". This is a nonconforming use on the site. P&Z recommendation is that a two year limitation be placed on the daycare. Mayor swears in LaDawna Wilson. LaDawna Wilson, I am the director and teacher of the First Baptist Church Daycare Center, we are a part time preschool and we work with the kindergarten teachers in Eagle to make sure that we are teaching the appropriate things to prepare the children. I am licensed. We are open for a two hour period of time. We have two teachers and one parent volunteer. General discussion. Mayor opens the Public Hearing Mayor closes the Public Hearing Sedlacek moves to approve CU-7-03 - First Baptist Church of Eae:le Davcare Center (Preschool) with all of the Site Specific Conditions of Approval as listed by Staff and Planning and Zoning. Seconded by Guerber. Discussion. ALL AYE: MOTION CARRIES.......................... C. CU-6-03 - Apartment Buildim! and Heie:ht Exception for Easde Manor - Tomlinson & Associates: Tomlinson & Associates, represented by Ray Crowder with Crowder Associates, Architecture and Planning, is requesting conditional use approval for an existing apartment building and a height exception to replace the mansard roof atop the Eagle Manor building to a height of 42-feet. The height exception (the portion of the building above 35-feet) includes the installation of dormers, and installing a higher roof over the two stair towers at Eagle Manor. The site is located at the intersection of 2nd Street and Cedar Ridge, at 276 Cedar Ridge Road. (WEV) Page 4 K:\COUNCILIMINUTES\Temporary Minutes Work Area\CC-O8-26-03min.doc Mayor introduces the issue. Planner Lowe: Displays an overhead of the project site and provides Council an overview of the application. This is not a change of use. There is very little vehicle use at the site. Planning and Zoning Commission voted to approve. This is provided that the use remain a senior housing unit. Ray Crowder, project architect, provides Council a history since the construction of Eagle Manor. The owner is requesting to make the building more compatible to other construction in the City. This will place no additional demands upon City services. This is purely aesthetic. General discussion. Mayor opens the Public Hearing Mayor closes the Public Hearing Guerber moves to approve CU-6-03 - Apartment Building and Height Exception for Eagle Manor with the stipulations and guidelines as set down by the Planning and Zoning. Seconded by Nordstrom. ALL A YES: MOTION CARRIES................ D. Ordinance No. 451: An Ordinance for the City of Eagle, Idaho, Amending Eagle City Code, Title 4, Chapter 3, Section 1 "Definitions", Section 3 "Notice", Section 5 "Appeal", and Section 6 "Enforcement", And Repealing Title 4, Chapter 3, Section 7 of the Eagle City Code; and adding an effective date. This item was continued from the August 12, 2003 meeting. (SKM) Mayor introduces the issue. City Clerk Moore: Staff requests that this item be continued to the September 9,2003 City Council Agenda as we were unable to meet with the Susan Buxton, City Attorney, to do the requested changes to the Ordinance. Guerber moves to continue Ordinance No. 451 to the September 9, 2003, City Council Agenda. Seconded by Sedlacek. ALL A YES: MOTION CARRIES.... ......... ....... E. ZOA -5-03 - Zonine: Ordinance Amendment - City of Ea2le: The City of Eagle is proposing to amend Eagle City Code Title 9 "Subdivisions", Chapter 3 "Design Standards", Section 2 "Streets and Alleys", Subsection 5 "Private Streets", to remove the provision for private streets except in limited circumstances where existing conditions preclude the feasibility for the dedication of public right-of-way. (WEV) This item was continued from the August 12, 2003 meeting. Staff is requesting this item be continued to the September 9, 2003 meeting. Mayor introduces the issue. Staff is requesting that this item be continued to the September 9,2003 City Council meeting. Bastian moves to continue ZOA-5-03 Zoning Ordinance Amendment-City of Eagle to the September 9, 2003, City Council meeting. Seconded by Sedlacek. ALL AYES: MOTION CARRIES.......................... F. ZOA-I-03 - Zonine: Ordinance Amendment - City of Eae:le: City of Eagle is proposing to amend Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts and Page 5 K:\COUNCIL\MlNUTES\Temporary Minutes Work AreaICC-O8-26-03min.doc Maps", Article A "DR Design Review Overlay District", amending the code to modify the architecture and site design criteria for development located within the DR design review overlay district, and to adopt a supplemental guidebook to define specific period architectural styles, themes, and elements envisioned for the further enhancement of the City. Staff is requesting this item be continued to the September 9,2003 meeting. (WEV) Mayor introduces the issue. Staff is requesting that this item be continued to the September 9,2003 City Council meeting. Sedlacek moves to continue ZOA-I-03 Zoning Ordinance Amendment-City of Eagle to the September 9, 2003, City Council meeting. Seconded by Bastian. ALL A YES: MOTION CARRIES..... ..................... 8. NEW BUSINESS: A. Discussion re2ardine: the Park & Pathwav Committee's recommendation ree:ardine: the convevance of the Island Woods pathwav. (SKM) Mayor introduces the issue. I live in Island Wood and I am recusing myself and I will present this issue to the Council. Nancy Merrill, homeowner in Island Wood. Discusses the pathway and the condition of the pathway. City Arborist, Keith Atkins, has looked at the pathway and the tree roots that are encroaching in the pathway. Keith has discussed the problem with Boise City to find a recommended solution to the tree roots. Island Wood's Homeowners Association has come up with $1,000.00 to put towards this. We are hoping the City will contribute to the cost to take care of these roots. The cost for taking care of the roots needs to be determined before the Council makes a decision. General discussion. Bastian: The one issue that is a little perplexing is that normally we would accept something in good repair. In this situation we are requested to accept something that is need of repair and we don't know the exact dollar amount on how much it would take to do the repairs and in addition there is the long term maintenance upon acceptance of this. We are looking at up front costs and long term costs associated with this. I am reluctant to agree to a gift in which there is a $1,000.00 offered for the cost of repair when the repair cost could be several thousand dollars. We need not act on this tonight and go back and request of the Homeowner's Association to do a cost estimate and come back to us with a proposal with the estimated costs from experts in the field and we also need to clarify the issue of Fish and Game and what is allowed in terms of weed removal and dealing with the growth of trees, bushes, grasses and etc. along the river. I am interested in preserving this as a pathway for the public. Eventually we will accept this but we need more information. General discussion. Nordstrom moves to continue this matter to September 23, 2003 City Council meeting to receive costs estimates for the root cutting and repair of the asphalt and to get a better understanding from the Fish and Game Department on their policies for river bank maintenance. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ............ Page 6 K:\COUNCILIMINUTES\Temporary Minutes Work AreaICC-OS-26-03min.doc B. Water and power pavments for the north entrv sie:n and Pavette River Scenic Bvway shm. (LS) Mayor introduces the issue. Council Member Sedlacek: provides Council an overview of the water and power costs. Bastian moves to table this matter and to have legal counsel work with Mr. Campbell to come up with an agreement to make the payments on a regular basis. Seconded by Guerber. ALL A YES: MOTION CARRIES................. 9. UNFINISHED BUSINESS: None Mayor and Council's Report: Sedlacek: I have a lot of water meetings coming up. The first one is I am going to sit on a panel for an ArC workshop. My roll will be a city council member trying to figure out how to handle these water issues. United Water Idaho meeting is September 10th and we are negotiating the current contract; !MAP - I have been asked by legal counsel to have my deposition taken on September 26th - General discussion; discussion on Airies Development. Brookwood wants to meet with us on their well. Mike Hormachea wants the Brookwood well. General discussion. On the Strengths, Weakness and Threats that the Economic Development Committee is doing, please take a minute to look at this. This helps us maintain our Gem Community status and we want to use this as a guide to where we want to focus. Chamber has come up with a "Last Thursday" and it brought a lot of people out into the downtown area. Mayor: Linda Butler, Arts Commission, wanted me to present to the Council that the Arts Commission would like to spend $400.00 for musical performance at "Last Thursday" . Bastian moves to approve $400.00 for the Cultural Arts to be spent for musical performance at "Last Thursday". Seconded by Nordstrom. ALL AYE: MOTION CARRIES.............. Bastian: Reports on the meeting with Sgt. Borquist and the deputies. Discussion was on community policing and traffic issues, especially speeding. General discussion. Reports on the Design Review Board meeting. General discussion. Mayor: I've been busy with ITD issues. I'm going to the Executive Board tomorrow to see if we can get the support of Compass. I sat on a Board with the Ada County Sheriffs Department on an equipment grant under the COPS Program called V ARDA. V ARDA tracks the speed of cars. Another piece of equipment is a camera on a pole that bends that will look around a corner and etc. All of this will benefit the City of Eagle. I also discussed community policing in the City of Eagle. General discussion. Guerber: Parks and Pathway didn't have a quorum for their meeting this week. Page? K:\COUNCIL\MINUTES\Temporary Minutes Work AreaICC-O8-26-03min.doc There wasn't anything at the Air Quality Board meeting other than approving the Budget. I represented the City at a Rotary Club meeting in regards to putting in the BMX Park at the AdalEagle park complex. General discussion. Nordstrom: I had interaction with Sgt. Borgquist and he was terrific. It was an issue that a neighbor had with a deputy. I have new telephone numbers and e-mail address. I will e-mail the Council with the numbers. Discussion on Plaza Drive and the connection to Hill Road. Mayor: Thursday night is the Ada County Planning & Zoning meeting on Senora Creek. General discussion. Reports on the Treasurer Valley Partnership. The State is ready to enter into agreements with the cities to open up the Master Plan for Eagle Island State Park. Canyon County was very supportive of this. I am going to recommend that one of the members of our Parks Committee serve on the committee. I've been working with some of the small business downtown on sprucing up their buildings. I have talked to the owner of ABC Seamless Siding. Bastian discusses Nampa's Urban Renewal Area. I think we need to look at Urban Renewal for the City of Eagle. Council concurs to look into establishing an Urban Renewal area. Sage Idaho can help us with this through our membership. Discussion on the old Chevron station. 10. ADJOURNMENT: Guerber moves to adjourn. Seconded by Bastian. ALL AYE: MOTION CARRIES.... ............ Hearing no further business, the Council meeting adjourned at 9:25 p.m. Respectfully submitted: ll~ ~ ~ 2rj:gML ---- SHARO K. MOORE CITY CLERKfI'REAS URER APPROVED: """"""" ~"", OF E4 """ Ii," ~~ ........ O( ", ~ ..... .. .. ~ ~ i (; ... ~VOR-1¡.... '\ : l,p ~.. ~ : : '*= : * . _.- : : ., AL;::::." ~ .~ S Eo,. : '\ ...c'o ~ ...... 0 ¡ ~ <p;. ..fÞOR""<;~.. ~ .: " ...¡ ....... <"I ~ ...." #####,l'S OF \y........" "...,...."", Page 8 K:\COUNCIL\MINUTES\Temporary Minutes Work AreaICC-O8-26-03min.doc