Minutes - 2004 - City Council - 01/27/2004 - Regular
ORIGINAL
EAGLE CITY COUNCIL
Minutes
January 27, 2004
PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m.
1. Garden City Councilman, John Evans will present information regarding City Hall
construction options which Garden City considered. John Evans and the Council discuss the new
Garden City Hall.
2. Planner Spencer: Discusses the western area of City impact and the planning process.
Distributes information to the Council and discusses the same. Discussion on the Oregon
Visioning Model. General discussion.
3. City Engineer Report: Discussion of Hill Road Park delivery system. Distributes a report to
Council in regards to different water delivery systems and provides Council an overview of each
delivery system. General discussion. Council concurs to move forward on option A.
Discussion on Lexington Hill #1 well. The pump is wearing out. #2 has developed a ground
fault and we told United Water to shut it down. United Water quoted a cost of $3,000.00 to pull
the pumps and they will be doing the work tomorrow, Wednesday. General discussion.
4. Mayor and Council's Report: Moved to end of Agenda
5. City Clerkffreasurer Report: Moved to end of Agenda
6. Zoning Administrator's Report: Moved to end of Agenda
7. City Attorney Report: Moved to end of Agenda
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. Nordstrom is absent.
A quorum is present.
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENT: Mark Waterman, 270 S. Silky Place, Eagle, discusses the ordinance
for the business license. I have talked to a lot of business owners that had no knowledge of this
going on behind their back. General discussion.
Mayor: According to Idaho Code, Valley Times is our legal publication. There were also two
public hearings.
Waterman: Discusses the fee being excessive. Troubled that we sent letters out about owing the
fee and didn't send out a letter to the business owners about the fee.
Mayor discusses the number of letters sent out and the response from the business owners.
General discussion.
Bastian moves to change the Agenda as follows: Add as Item #9D. Repair of street conduit;
move #7. Public Hearings to be moved to before Executive Session; Item #8B. moved to
Item #E and Item #D be moved to Item #B; Item #9B moved to Item #8D; Consent Agenda
Item #F should read DR-68-03. Seconded by Guerber. ALL A YES: MOTION
CARRIES........... ...
5. 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
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from the Consent Agenda for discussion. Items removed from the Consent Agenda
will be placed on the Regular Agenda in a sequence determined by the Rules of
Order.
. Any item on the Consent Agenda which contains written Conditions of Approval
from the City of Eagle City Staff, Planning & Zoning Commission, or Design
Review Board shall be adopted as part of the City Council's Consent Agenda
approval motion unless specifically stated otherwise.
. All design review applications will be appealed by the Zoning Administrator to the
City Council for their review and approval.
A. Claims Against the City.
B. Minutes of January 13,2004.
C. DR-S6-03 - Flex-Space Buildin2 for The Ba2maker - Owvhee Capital
Corporation: Owyhee Capital Corporation, represented by Clinton Yaka with
BRS Architects, is requesting design review approval to construct a 12,000-
square foot flex space building for The Bagmaker. The site is located on the
south side of State Highway 44 approximately Y:z-mile west of State Highway 55
within the proposed Ancona Business Park. (WEV)
D. DR-S1-03 - Buildin2 Wall Si2n for The Ba2maker - Owvhee Capitol
Corporation: Owyhee Capitol Corporation, represented by Ernie Cody with
Golden West Advertising Inc., is requesting design review approval to construct
a building wall sign for The Bagmaker. The site is located on the south side of
State Highway 44 approximately Y2-mile west of State Highway 55 within the
proposed Ancona Business Park. (WEV)
E. DR-61-03 - Two Buildine: Wall Si2ns for The Monev Tree - Monev Tree
Inc.: Money Tree Inc., represented by Russ Doughty with Lytle Signs Inc., is
requesting design review approval to construct two (2) building wall signs for
The Money Tree store. The site is located on the northeast comer of Eagle Road
and State Highway 44 within the Eagle Pavilion Shopping Center at 396 East
State Street. (WEV)
F. DR-68-03 - Buildin2 Addition and Site Improvements to Smith's Ea2le
Chevron - Rick and Sandv Smith: Rick and Sandy Smith, represented by Rick
Toews with BRS Architects, are requesting design review approval to construct a
960-square foot addition to the convenience store and to complete other site
improvements to the Smith's Eagle Chevron. The site is located on the
northwest comer of South Eagle Road and West Inlet Bay within the Channel
Center Subdivision at 503 South Eagle Road. (WEV)
G. Findin2s of Fact and Conclusions of Law for CU-13-03 - Bank Facilitv With
Drive UP Service - Home Federal: Home Federal, represented by Russ Phillips
with Insight Architects, is requesting conditional use approval to construct a
bank facility with three drive up service lanes. The .63-acre site is generally
located on the northeast comer of Eagle Road and East Riverside Drive in the
Eagle River Commercial Development at 100 East Riverside Drive. (WEV)
H. Findin2s of Fact and Conclusions of Law for CU-12-03/PPUD-S-03 -
Windin2 Creek East Planned Unit Development - Southers Properties:
Southers Properties is requesting a conditional use permit and preliminary
development plan approval for Winding Creek East, a 47 -lot (46-residential, 1-
common) residential planned unit development. The 3.9-acre site is located
approximately 500-feet north of State Street and approximately 1O00-feet east of
Palmetto Avenue. (WEV)
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Mayor removes Item #E from the Consent Agenda.
Sedlacek removes Item #B from the Consent Agenda.
Bastian moves to approve the Consent Agenda as amended.
ALL AYES: MOTION CARRIES................................
Seconded by Guerber.
5B. Minutes of January 13.2004.
Sedlacek: I removed this item from the Consent Agenda because the name Zabala is spelled
wrong and needs to be corrected.
Sedlacek moves to approve the minutes of January 13, 2004 as corrected. Seconded by
Bastian. ALL AYES: MOTION CARRIES...................
5E. DR-61-03 - Two Buildin2 Wall Si2ns for The Monev Tree - Monev Tree Inc.: Money
Tree Inc., represented by Russ Doughty with Lytle Signs Inc., is requesting design review
approval to construct two (2) building wall signs for The Money Tree store. The site is located
on the northeast comer of Eagle Road and State Highway 44 within the Eagle Pavilion Shopping
Center at 396 East State Street. (WEV)
Mayor: I pulled this item off the Consent Agenda. Discussion on the meeting with the Design
Review Board.
Russ Dowdy, 2145 White Pine Place, Boise, I represent the Money Tree directly. I did represent
Lytle Signs and I am now authorization to represent Money Tree. Discussion on the changes to
the sign. General discussion.
Guerber moves to accept the revised proposal for The Money Tree signs with the
stipulation that there be back lighting and that brown metal will be around the edges of the
yellow lettering as opposed to full yellow lettering returns. Bronze would be fine. That the
specifications meet the revised specifications on signage. Seconded by Sedlacek. ALL
AYES: MOTION CARRIES....................
6. FINAL PLATS: None
7. UNFINISHED BUSINESS:
A. Discussin2 of pendin2 2rant application(s) for the Idaho Department of Parks and
Recreation: Jim Birdsall.
Mayor introduces the issue.
Jim Birdsall provides Council an overview of the grant application for the Idaho Department of
Parks and Recreation that is due on Friday.
Discussion on the RV Dump Site. The commercial development at State Street and Highway 55
are very interested in providing a site for the dump site. However, we won't be able to meet the
time frame to submit this grant application this year. The Idaho Department of Parks and
Recreation have suggested that the City provide a letter indicating the City's desire to locate a
dump site in the area. General discussion. Council approves of the letter and Mayor signs the
letter for Jim Birdsall.
Jim discusses the grant application for the pedestrian underpass on Eagle Road. The Recreation
Trails Program is a very small program and this project would probably not fit. This would also
apply under ITD's enhancement grant program and this may be an option. The cost would be
$270,000. My recommendation is that we delay this for a year so we have more time to develop
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some grant applications. The City also doesn't have a commit from the private sector to
contribute to these costs. General discussion. Council concurs to continue working on this
project.
Jim discusses the Hill Road Park grant application. This grant would be for $250,000.00 and
$328,120.00 would come from the City for the project. This would provide a phase I
development of Hill Road Park which would be the ball fields and the parking area. This cost
does not include the land purchase ofthe ACHD property. We will know by March 25, 2004 if
we are on the approval list and then we would go through the approval process and should know
in April if we get the grant. We are getting support letters. General discussion.
Sedlacek moves to go forward and submit the application for $2S0,000.00 to the Idaho
Parks and Recreation. Seconded by Guerber. ALL A YES: MOTION
CARRIES................ ...
B. Discussion on Idaho Power lines. (NM)
Mayor introduces the issue. Councilman Nordstrom, staff, and I met with Idaho Power and PUC
recently and we asked them to see if there was any other way we could move these power lines
outside of our City and give us a cost of what it would be if we did change it or if there were any
other alternatives. This last week we met with Mr. Dodson and Idaho Power and we asked them
to extend their route from Floating Feather to Beacon Light and what that would cost. What you
have before you are the options.
Layne Dodson, representing Idaho Power Co., displays overheads of the route map and provides
Council an overview of the six alternatives on the route map. We have re-examined everything
that has been discussed over the last three years. Further discussion on the routes through
downtown. General discussion.
Council concurs to notice this matter up for a Public Hearing. General discussion on the public
hearing process.
C. Hill Road Park land exchan2e. (NM)
Mayor introduces the issue.
Larry Sale, ACHD Liaison to the City, I discussed the matter with Commissioners and they
confirmed what we discussed early. The Commissioners' need value for value but the terms can
be negotiated. Ada County's property is appraised at $114,000.00 and ACHD's Hill Road
Property is appraised at $209,000.00. ACHD will retain a strip of land along Hill Road that they
will need for future widening and this will reduce the value of the property to less than
$200,000.00. We will exchange $114,000 worth ofland with Ada County and then we will enter
into an agreement with the City and the City will buy the remaining parcel of land. So far the
County attorney has not discussed this with the Commissions. County Attorney has volunteered
to draft the agreement but we haven't seen anything to date. General discussion.
Jim Birdsall needs to have a copy of the legal description for the grant application.
Dennis Baker has agreed to have the large sign in regards to the public meetings on the Two
Cities River Crossing on his Lakemore property.
D. Cultural Arts Committee Projects for Fiscal Year 2003/2004.
Mayor introduces the issue.
Linda Bulter, Chairman of the Cultural Arts Committee, distributes a revised proposed to the
Council and discusses the items on the budget. Discussion on the Jerry Snodgrass project. We
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are going to try to a fund raiser to help fund this project. We will have the clay model on display
at Customer Appreciation Days. General discussion on the project.
Guerber moves that the Council agrees with the general budget proposal from the Eagle
Arts Commission. Seconded by Sedlacek. ALL A YES: MOTION
CARRIES.................... ...
Mayor calls a recess at 10: 10 p.m.
Mayor reconvenes at 10:20 p.m.
9. PUBLIC HEARINGS:
A. Ordinance No. 464: An Ordinance Amending Title 4 Public Health and Safety, Chapter 9
Loud Amplification Devices; Noise Ordinance, Section 7 Penalty of the Eagle City Code, and
Designating an effective date. (SKM)
Mayor introduces the issue.
City Clerk Moore: The public hearing was scheduled in regards to the fine of $50.00.
Deputy Jeremy Neumann, Ada County Sheriff s Office, provides the Council an overview of the
ordinance and the difference between a misdemeanor and an infraction. General discussion.
Mayor opens the Public Hearing
Mike Chase, I think the noise ordinance is good for the City and my concern that would the noise
from the dairy even though we are not in the city limits.
Mayor closes the Public Hearing
Sedlacek moves, pursuant to Idaho Code, Section SO-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 #464 be considered after being read once by title only. Sedlacek
reads Ordinance #464 by title only. Seconded by Guerber. ALL A YES: MOTION
CARRIES....... ...... ....
Sedlacek moves that Ordinance #464 be adopted. Seconded by Guerber. Bastian: AYE;
Sedlacek: AYE; Guerber: ALL AYES: MOTION CARRIES...............................
8. NEW BUSINESS:
A. Review and discussion of Council Liaison positions for 2004. (NM)
Mayor introduces the issue.
General Council discussion on their liaison positions.
Council liaison positions will remain the same except that Council Member Guerber will be the
contact for the Ada County Solid Waste Management.
B. East Ea2le Entrv Si2n A2reement. (WEV)
Mayor introduces the issue.
General Council discussion on the Agreement.
Bastian moves to move approve the East Eagle Entry Sign Agreement with the stipulation
that river rock is rock of choice. Seconded by Sedlacek. Discussion. ALL A YES:
MOTION CARRIES..................
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C. New Citv Hall discussion. (NM)
Mayor introduces the issue
City Attorney Buxton: I talked to Mr. Zabala in regards to the redesign of the City Hall Building.
I will be getting some figures from Tom to amend the scope of work contact.
Discussion on promoting the New City Hall.
Discussion on how to proceed if the Bond Election fails.
D. Discussion on repair of State Street Li2hts.
Mayor introduces the issue.
General discussion.
Council concurs to have the City Clerk write a letter to Mark Butler in regards to the repair
needed to the street lights, the issue of the Old Town area tapping into the City power and
irrigation supply.
10.
EXECUTIVE SESSION:
A. Pendin2 or threatened liti2ation - I.C. § 67-2345 (f)
Mayor introduces the issue.
Bastian moves to go into Executive Session for the discussion of pending or threatened
litigation. Seconded by Sedlacek. Bastian: A YE; Sedlacek: AYE; Guerber: ALL A YES:
MOTION CARRIES........................
Council discusses pending or threatened litigation.
Council leaves Executive Session at 11 :45 p.m.
PRE-COUNCIL REPORTS Con't:
Zoning Administrator's Report: Discussion on Money Tree sign. I would like you to reconsider
your motion. General discussion.
Bastian moves to reconsider DR-61-03 - Two Building Wall Signs for The Money Tree-
Money Tree Inc. Seconded by Sedlacek. ALL A YES: MOTION CARRIES.........
Bastian moves to approve the revision of 12/15/03. Seconded Sedlacek. ALL A YES:
MOTION CARRIES.......................
Discussion on the Three Rivers City Project.
Discussion on a temporary use permit from Ada County for a com maze. Our intent is to issue a
denial in that it should be a conditional use permit.
Discussion on Hidden Island Development.
Discussion on DeShazo's property and another access to the property.
Discussion on Oak Haven Subdivision that was remanded to staff. There was a substantial
change and this will go back to Planning and Zoning Commission.
Sedlacek: Discussion on the Payette Scenic By-Way meeting.
Mayor and Council Member Guerber are going to AIC Officials Day.
Guerber: I will be gone on March 9, 2004.
Bastian: Reports on the Library Board Planning Committee meeting. We will have a strategic
plan this fall.
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Reports on the Design Review Meeting.
There are changes coming in the Sheriffs Department. We are loosing a deputy and we will be
getting a detective.
Mayor: Reports on the Compass meeting. I am now on the Executive Board.
Reports on the ValleyRide meeting.
Reports on the Treasure Valley Partnership meeting.
Discussion on the levies that Idaho Concrete removed and the possibility of flooding this spring.
I meet with Dana tomorrow. I'm trying to put together a program with the Seniors. I have talked
to some Seniors about a mentoring program with at risks kids for an after school computer
program.
Reports on the meeting with Boise Park and Recreation in regards to the Laguna ponds that they
would like to purchase and keep open. We also discussed their property and the City Lakemore
park property and developing the property together. They also have water available.
Discussion on Customer Appreciate Day.
City Clerkffreasurer Report: Discussion on Eagle Fun Days.
City Attorney Report: No report
Mayor and Council's Report:
11.
ADJOURNMENT:
Guerber moves to adjourn. Seconded by Sedlacek. ALL AYE: MOTION
CARRIES...
Hearing no further business, the Council meeting adjourned at 12:30 a.m.
Respectfully submitted:
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APPROVED:
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Eagle City Council
Public Hearing Sign-up Sheet
Subject: Ordinance No. 464 — Amending Title 4 Public Health and Safety, Chapter 9 Loud
Amplification Devices, Noise Ordinance, Section 7 Penalty
January 27, 2004
7:30 p.m.
ADDRESS/ TESTIFY
NAME TELEPHONE SUBJECT YES/NO? PRO/CON
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