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Minutes - 2004 - City Council - 07/27/2004 - Workshop ..¡ ORiGINAL EAGLE CITY COUNCIL Minutes July 27, 2004 BUDGET WORKSHOP: 5:30 p.m. - 6:30 p.m. The Mayor presents Deputy City Clerk. Tracy Osborn, with a Certificate of Achievement for obtaining her IIMC Certified Municipal Clerk designation. A. Idaho Humane Society: Presentation by Dr. Jeff Rosenthal. To be rescheduled. Deputy City Clerk Osborn provides Council a report on information that she has gathered from neighboring cities as to how they handle their dog issues and animal shelters. General discussion. B. Report from Facilities Manager - Mick McCurry. Mick distributes a report as to costs to take care the landscaping and trees at the Skateboard Park and discusses the same. General discussion. Mick provides Council an overview of the projects he has been working on. General discussion. B. General discussion regarding proposed budget for fiscal year 2004/2005. Council concurs to have a presentation from Sage at the next City Council meeting. Discussion on the Library Budget. The next meeting on the budget will be on August 10, 2004 prior to the regular scheduled City Council meeting. PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m. A. K-Energy: Presentation by Ken Baker regarding proposed city hall facility. Discussion on the new city hall building being a "Green Building". B. Ada County Sheriffs Office: Sgt. Dana Borgquist will present the monthly report for December 2003. Sgt. Borgquist distributes the monthly report and discusses the same. Displays an overhead pinpointing the areas of juvenile incidents and discusses what needs to be done now that there are no resource officers in the schools. We will have two dedicated deputies from the station to work on the juvenile incidents. It would be nice to have a youth activity center in Eagle. General discussion. Sgt. Borgquist introduces Deputy Mark Bowman who is the new motorcycle deputy. Mark came from Kuna. Deputy Bowman address Council and provides an overview of what he has been doing since coming to Eagle. Mayor calls a recess at 7:35 p.m. Mayor reconvenes at 7:45 p.m. REGULAR COUNCIL AGENDA: 7:30 p.m. 1. CALL TO ORDER: Mayor Merrill calls the meeting to order at 7:45 p.rn. 2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENT: Tegan Lee, 1381 W. Coville Court, I have recently built a house and a shop. When I submitted plans for the shop the plans had to be modified with the trusses and stairs since we were annexed into the City. I did not get the revised plans to Mike Mongelli and there was a complaint from a resident. When Mike and the inspector came out our building was too high. How we exceed the height limitation we don't know. When I turned in the revised plans I was denied a permit. I have talked to the person who filed the complaint and this person Page I K: \cOUNCIL \MlNUTESI2004\CC-07 - 27 -04min. doc now withdraws their complaint. It will cost us $12,000.00 to correct this problem which we don't have. I am asking that we can continue on with our shop building. General discussion. Zoning Administrator Vaughan: There is an ordinance going through Planning and Zoning that will change the height to 25' and this shop building would be all right under the new ordinance. Further Council discussion. Council's concern is that space in the shop could be used for living space at a further date. Kelly Holmes-Holly, I am the neighbor directly west from this property. We don't have a concern with the height. Our concern was having two living structures. Mark Butler had two living structures on his property and I understand he eventually got approval. Our concern is having a property with two living structures. Council concurs to direct staff to lift the Stop Work Order and let this project move forward. 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 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. A. Claims Against the City. B. Minutes of June 29, 2004. C. Minutes of July 13,2004. D. Minutes of July 20, 2004. E. Minutes of July 21,2004. F. Open Container Permit: Intermountain Medical Imaging is requesting an open container permit for an event to be held at Merrill Park on August 1, 2004 from 11:00 a.m. to 5:00 p.m. (SKM) G. DR-38-O4 - One Multi-tenant Retail Buildine. One Restaurant Facilitv. and One Bank Facilitv - Thomas Development: Thomas Development, represented by Patrick McKeegan with Patrick McKeegan Architects, is requesting design review approval to construct one 9,11O-square foot multi- tenant retail building, one 4,5OO-square foot restaurant building, and one 3,700- square foot bank facility. The site is located on the southwest corner of East Iron Eagle Drive and Edgewood Lane within Merrill Subdivision No.1 (formerly Rocky Mountain Business Park) at 1539 East Iron Eagle Drive. (WEV) H. DR-39-04 - Master Sien Plan for Eaele Pointe Shoppine Center - Thomas Development: Thomas Development, represented by Patrick McKeegan with Patrick McKeegan Architects, is requesting design review approval of a master sign plan for Eagle Pointe Shopping Center which includes a multi-tenant retail building, a restaurant facility, and a bank facility. The site is located on the southwest corner of East Iron Eagle Drive and Edgewood Lane within Merrill Subdivision No.1 (formerly Rocky Mountain Business Park) at 1539 East Iron Eagle Drive. (WEV) Page 2 K:\COUNCIL\MlNUTESlTemponuy Minutes Work AreaICC-07-27-04mio.doc I. DR-SO-O4 - Multi-tenant Office Buildine - Dave Evans Construction: Dave Evans Construction, represented by Tim Scharff, is requesting design review approval to construct a 2,200-square foot multi-tenant office building. The site is located within Merrill Subdivision No.4 (a re-subdivision of Lot 12, Block 3, Merrill Subdivision No.2, formally known as Rocky Mountain Business Park) which is located at 507 South Fitness Place. This building is proposed to be located on Lot 22, Block 3, of Merrill Subdivision No.4. (WEV) J. DR-SI-04 - Master Sien Plan for a Multi-tenant Office Buildine within Merrill Subdivision No.4 (Lot 22. Block 3) - Dave Evans Construction: Dave Evans Construction, represented by Tim Scharff with Dave Evans Construction, is requesting design review approval of a master sign plan for a multi-tenant office building within Merrill Subdivision No.4 (a re-subdivision of Lot 12, Block 3, Merrill Subdivision No.2, formally known as Rocky Mountain Business Park) located at 507 South Fitness Place. This building is proposed to be located on Lot 22, Block 3, of Merrill Subdivision No.4. (WEV) K. DR-S2-O4 - Multi-tenant Office Buildine - Dave Evans Construction: Dave Evans Construction, represented by Tim Scharff, is requesting design review approval to construct a 4,500-square foot multi-tenant office building. The site is located within Merrill Subdivision No.4 (a re-subdivision of Lot 12, Block 3, Merrill Subdivision No.2, formally known as Rocky Mountain Business Park) which is located at 515 South Fitness Place. This building is proposed to be located on Lot 23, Block 3, of Merrill Subdivision No.4. (WEV) L. DR-S3-04 - Master Sien Plan for a Multi-tenant Office Buildine within Merrill Subdivision No.4 (Lot 23. Block 3) - Dave Evans Construction: Dave Evans Construction, represented by Tim Scharff with Dave Evans Construction, is requesting design review approval of a master sign plan for a multi-tenant office building within Merrill Subdivision No.4 (a re-subdivision of Lot 12, Block 3, Merrill Subdivision No.2, formally known as Rocky Mountain Business Park) located at 515 South Fitness Place. This building is proposed to be located on Lot 23, Block 3, of Merrill Subdivision No.4. (WEV) M. DR-S4-04 - Multi-tenant Office Buildine - Dave Evans Construction: Dave Evans Construction, represented by Tim Scharff, is requesting design review approval to construct a 4,480-square foot multi-tenant office building. The site is located within Merrill Subdivision No.4 (a re-subdivision of Lot 12, Block 3, Merrill Subdivision No.2, formally known as Rocky Mountain Business Park) which is located at 531 South Fitness Place. This building is proposed to be located on Lot 24, Block 3, of Merrill Subdivision No.4. (WEV) N. DR-SS-04 - Master Sien Plan for a Multi-tenant Office Buildine within Merrill Subdivision No.4 (Lot 24. Block 3) - Dave Evans Construction: Dave Evans Construction, represented by Tim Scharff with Dave Evans Construction, is requesting design review approval of a master sign plan for a multi-tenant office building within Merrill Subdivision No.4 (a re-subdivision of Lot 12, Block 3, Merrill Subdivision No.2, formally known as Rocky Mountain Business Park) located at 531 South Fitness Place. This building is proposed to be located on Lot 24, Block 3, of Merrill Subdivision No.4. (WEV) O. Appointment of Kathleen Walker and Dave Aspitarte to the ACHD Neiehborhood Advisorv Committee: The Mayor is requesting Council confirmation of Kathleen Walker and Dave Aspitarte to the above mentioned Committee. (NM) Page 3 K:\COUNCIL\MlNUTESITemponuy Minutes Work Area\CC-07-27-04mio.doc Bastian moves to approve the Consent Agenda. Seconded by Sedlacek. Bastian: AYE; Sedlacek: AYE; Guerber: AYE; Nordstrom: AYE: ALL AYES: MOTION CARRIES...... Bastian moves to add a new item as 7 A. Winding Creek Subdivision street naming and also add as New Business #9D. Intergovernmental Agreement to establish the Ada County-wide Land Use and Transportation Guide Plan. Seconded by Guerber. ALL A YES: MOTION CARRIES.... ......... ..... 6. PROCLAMATIONS & RESOLUTIONS: None 7. FINAL PLATS: None 7 A. Windine Creek Subdivision street namine. Larry Sales, ACHD Liaison to the City, this street has always been named Hill Road as far as our agency is concerned. This is a long road that runs from downtown Boise to Eagle with lots of turns and twists. General discussion. Mark Rabdau, Eagle Fire Department, we would prefer the street to be either an extension of Plaza and becomes Hill Road at the Curve or is Hill Road. Ron Bath, Developer of Winding Creek, my preference is Hill Road. There is a street that will connect from Palmetto at the curve which will cause this area to have three different street names. Guerber moves to name this section of the road north of State Street "Hill Road". This road has always been referred to as Hill Road. Seconded by Sedlacek. Discussion. ALL AYES: MOTION CARRIES..................... 8. PUBLIC HEARINGS: Bastian moves to continue items 8B, C, D, and E to the August 10, 2004 City Council meeting. Seconded by Sedlacek. ALL A YES: MOTION CARRIES................. A. A-3-04/RZ-3-O4/CU-3-O4/PPUD-I-O4/PP-3-04 - Shadow Ridee Planned Unit Development - Hillview Development Corp. Hillview Development, Corp., represented by Land Consultants Inc., is requesting an annexation and rezone from RUT (Rural Urban Transition) to R-4-P (Residential up to four units per acre and PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for Shadow Ridge planned unit development. The 39.46-acre, 144-lot (122-buildable, 22-common) residential subdivision is located west of Horseshoe Bend Road at 10711 through 10867 Horseshoe Bend Road and 10943 through 11053 Horseshoe Bend Road. (WEV) Mayor introduces the issue. Mayor swears in Mark Butler Mark Butler, 52 N. 2nd Street, Eagle, representing the applicant, displays overheads of the project and provides the Council an overview of the project. Discussion on condition #12. General discussion. Planner Jeff Lowe, Staff had recommended approval of the Preliminary Plat but not the PUD because of concerns that were brought up tonight. Discussion on the recommendations from Planning and Zoning and Staff. Zoning Administrator Vaughan, discusses the Molenar property and the overall project. General discussion. Page 4 K:\COUNCIL\MlNUTESITemponuy Minutes Work AreaICC-07-27-04mio.doc Mayor swears in Richard Tomlinson Richard Tomlinson, Tomlinson Consulting, representing the applicant, discusses irrigation of the property. Discussion on the well that is now used for irrigation. The well is not adequate to irrigate the entire project. General discussion. City Attorney Buxton: Discussion on the letter from Jim Rice indicating that there is a pending lawsuit in regards to a parcel that is in dispute. You could approve the southern portion of the project and continue the remainder. General discussion. Mayor calls a recess at 9: 10 p.rn. Mayor reconvenes at 9:20 p.m. Mayor opens the Public Hearing Mayor swears in Diana Molenar Diana Molenar, 10845 Horseshoe Bend Road, I want to thank all of our neighbors who have been involved in this project. Discusses the size and landscaping that will affect our property. With the additional landscaping that is being discussed it will be very nice. We have a two story house with a basement and my husband has a shop out in back and we have no plans to subdivide our property. It is my understanding that the Homeowners Association will take care of the landscaping strip in front of our property. Discusses mixed use in the area. Discussion on the property dispute involving the Westons. Mayor closes the Public Hearing Mark Butler, displays a landscaping plan and provides Council an overview of the plan. General discussion. Discussion on the Weston property and a continuance because of the pending lawsuit. We would request that Council approve the southern section so we can move forward. City Attorney Buxton: There is a pending lawsuit and the Council is not in a position to judge on the lawsuit. I do not want this Council to approve a subdivision and an annexation of parcel that is not a voluntary annexation. If you want to do some conditions on this you can go ahead on the parcels that are not in dispute. General discussion. General Council discussion. Mayor reopens the Public Hearing Mayor swears in Jim Murckle Jim Murckle, applicant, discusses the geographic area of the project. Discussion on the set backs. Mayor swears in Earl Ferguson Earl Ferguson, I have lived here for 35 years and these are not the first developers to approach us. I have four children and they can not afford to live in Eagle. This development will offer more affordable housing. My children could afford these houses. These people are developing something that Eagle needs. Mayor closes the Public Hearing General Council discussion. PageS K:\COUNCILIMINUTESITemporary Minutes Work Area\CC-07-27-04mio.doc Bastian moves to approve A-3-04/RZ-3-04/CU-3-04/PPUD-I-04/PP.3-04 - Shadow Ridge Planned Unit Development - Hillview Development Corp with the Standard and Site Specific Conditions as present tonight with the following additions: Site Specific Condition #12 shall read: The 35 foot wide common lots for the buffer area along Horseshoe Bend Road are approved as presented on the submitted plat. A 35 foot wide landscape easement shall be provided across the eastern boundary of Lot 1, Block 2; add Site Specific Condition #25 which shall read: The applicant shall keep and maintain for use on the property such irrigation water rights as are reasonably required in order to provide a pressurized irrigation system or systems for all landscaped areas on the property. In the event that the applicant desires to transfer, sell or convey for consideration any excess water rights (that is, water rights not necessary to provide an adequate source of irrigation water for the landscaped areas on the property), the applicant shall first submit to Eagle reasonable written evidence of an agreement to purchase said water rights and the price and complete terms agreed to be paid therefore. The City of Eagle shall have sixty (60) days after receipt of said notice within which to elect, in writing, to purchase such water rights upon the same terms which the applicant is to receive from said third party purchaser, whereupon the water rights shall be sold to Eagle on such terms and conditions, each party being bound thereby. In the event Eagle shall not have given written notice of its intent to purchase the water rights within the said sixty (60) day period, the first right of refusal created hereby shall terminate and the applicant shall be entitled to sell its water rights free of any right or claim of right by the City of Eagle; Site Specific Condition #26 shall read: The final plat which includes the property currently under ownership dispute will not be accepted by the City until the dispute is resolved in its entirety. The City will not adopt an ordinance to annex and rezone that portion of the property currently under ownership dispute until the dispute is resolved in its entirely; another Site Specific Condition shall read: All front and rear set backs shall meet the standard conditions of the City of Eagle and that side set backs shall be a minimum of S'on the first story and the second story building will have an additional 7 ¥2' set back and all existing buildings shall be as submitted to the plan. All Green lots shall meet the standard front and side set backs which are the A lots. Seconded by Sedlacek. ALL AYES: MOTION CARRIES................. Mayor calls a recess at 10:30 p.m. Mayor reconvenes at 10:40 p.rn. B. A-I-04 & RZ-I-04 - Annexation and Rezone From RUT to R-E - Georee Crandlemire: George Crandlemire, represented by Tealey's Land Surveying, is requesting rezone upon annexation from RUT (Rural Urban Transition) to R-E (Residential-Estates - up to one dwelling unit per two acres), for Tanglerose Subdivision. The 24.l0-acre development is located on the south side of Beacon Light Road, approximately 1600 feet west of North Eagle Road. (WEV) Continued to the August 10, 2004 City Council meeting. C. PP-I-O4 - Preliminary Plat for Tanele Rose Subdivision - Georee Crandlemire: George Crandlemire, represented by Tealey's Land Surveying, is requesting preliminary plat approval for Tanglerose Subdivision, a 13-lot (Ii-buildable, 2-common) residential subdivision. The 24.1O-acre development is located on the south side of Beacon Light Road, approximately 1600- feet west of North Eagle Road. (WEV) Continued to the August 10, 2004 City Council meeting. D. A-2-04 & RZ-2-04 Annexation and Rezone From RUT to R-E E. Thomas & Connie .Jones: E. Thomas & Connie Jones, represented by Tealey's Land Surveying, are requesting a rezone upon annexation from RUT (Rural Urban Transition) to R-E (Residential-Estates - up to Page 6 K:\COUNCIL\MlNUTESITemponuy Minutes Work AreaICC-07-27-04mio.doc one dwelling unit per two acres) for Pony Subdivision No.2. The 21.55-acre, ll-lot (9- buildable, 2-common) residential subdivision is located south of Beacon Light Road, approximately 1500 feet east of North Ballantyne Lane. (WEV) Continued to the August 10, 2004 City Council meeting. E. PP-2-04 - Preliminary Plat for Pony Subdivision No.2 - E. Thomas & Connie Jones: E. Thomas & Connie Jones, represented by Tealey's Land Surveying, are requesting preliminary plat approval for Pony Subdivision No.2, a l4-lot (9-buildable, 5-common) residential subdivision. The 21.55-acre re-subdivision of Lots 1-4, Block 1, of Pony Subdivision, is located south of Beacon Light Road, approximately l500-feet east of North Ballantyne Lane. (WEV) Continued to the August 10, 2004 City Council meeting. 9. NEW BUSINESS: A. Review and action on amended contract for services with CSHOA for Hill Road Park project. (SKB) Mayor introduces the issue. City Attorney Buxton: I have reviewed the contract and it is fine. This is an increase to the exiting contract in the amount of $86,637.00. General discussion. Guerber moves to approve the amended contract for CSHQA for the Hill Road Park project for an amount not to exceed $86, 637.00. Seconded by Nordstrom. Bastian: AYE; Sedlacek: AYE; Guerber: A YE; Nordstrom: AYE: ALL AYES: MOTION CARRIES... .... .... ..... ..... Further Council discussion. B. Review and discussion reeardine proposed ordinance No. 481 prohibitine parkine to sell in the rieht of way of Eaele Road and Hiehwav 44. (NM & SEB) Mayor introduces the issue. City Attorney Buxton: Discusses the ordinance and explains the reference to the Highway Beautification Act which is Title 40. General discussion. Council discussion. Nordstrom moves to have staff make the appropriate changes and proceed with the Public Hearing. Seconded by Bastian. ALL A YES: MOTION CARRIES................. e. Review and action for a memorandum of understandine between the City of Eaele and Ada County for the production. distribution. and sharine of base map and other eeospatial data. (WEV) Mayor introduces the issue. Zoning Administrator Vaughan, discusses the MOD. My recommendation would be to enter into the MOD for next fiscal year as we do need to have the information. We received an invoice for this fiscal year which we are going to deny payment as we have not entered into an MOD for this fiscal year. General discussion. Page 7 K:\COUNCIL\MlNUTESITemponuy Minutes Work Area\CC-o7-27-04mi0.doc Nordstrom moves to accept the MOU between the City of Eagle and Ada County and authorizes payment of $1,200.00 to Ada County for the MOU for the next fiscal year. Seconded by Bastian. Discussion. Bastian: AYE; Sedlacek: AYE; Guerber: AYE; Nordstrom: AYE: ALL AYES: MOTION CARRIES....................... D. Intereovernmental Aereement to establish the Ada County-wide Land Use and Transportation Guide Plan - Frelich. Leitner & Carlisle. Mayor introduces the issue. City Attorney Buxton: Discusses the agreement and the Resolution. The agreement does not mention the amount of money that the City is to pay. General discussion. Council discussion on the agreement, the exhibits, resolutions and etc. The City Council is budgeting $20,000.00. $10,000.00 to be paid this fiscal year and $10,000.00 to be paid FY 04/05. Sedlacek moves to continue the Intergovernmental Agreement to the August 10, 2004 City Council meeting. Seconded by Bastian. Discussion. ALL A YES: MOTION CARRIES........ ..... 10. UNFINISHED BUSINESS: A. Discussion reeardine the condition of AdalEaele Sports Complex. (MM) Mayor introduces the issue. City Attorney Buxton: When you sign the agreement you will be taking over the park as is. General discussion. Bastian moves to continue this to the August 10, 2004 City Council meeting when we can have the current agreement. Seconded by Guerber. Discussion. ALL A YES: MOTION CARRIES. ......... ... ...... ...... B. Ordinance No. 479: An Ordinance Of The City Of Eagle, Ada County, Idaho, Amending Title 6, Chapter 5, Of The Eagle City Code, Amending Section 6-5-23, Providing Requirements For The Provision Of Water Supply As A Condition Of Annexation And/Or Approval Of New Development Within The City Of Eagle, Idaho; And Establishing An Effective Date. (VB& SEB) Mayor introduces the issue. Vern Brewer, Holladay Engineering: This ordinance was presented to you at your last meeting and there has been a small revision. Discussion on the revision. 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 with, and that Ordinance #479 be considered after being read once by title only. reads Ordinance #479 by title only. Seconded by Nordstrom. ALL A YES: MOTION CARRIES................. Sedlacek moves that Ordinance #479 be adopted. Seconded by Nordstrom. Bastian: AYE; Sedlacek: AYE; Guerber: AYE: Nordstrom: AYE: ALL AYE: MOTION CARRIES........... Page 8 K:\COUNCIL\MINUTESITemporary Minutes Work Area\CC-07-2741mio.doc e. Ordinance No. 480: An Ordinance Changing The Zoning Classification Of The Real Property Described Herein From R-4 (Residential) Classification To MU-DA (Mixed Use With Development Agreement) Classification; Amending The Zoning Map Of The City Of Eagle To Reflect Said Change; And Providing An Effective Date. (WEV) Mayor introduces the issue. 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 with, and that Ordinance #480 be considered after being read once by title only. reads Ordinance #480 by title only. Seconded by Guerber. ALL A YES: MOTION CARRIES.............. ... Sedlacek moves that Ordinance #480 be adopted. Seconded by Bastian. Bastian: AYE; Sedlacek: AYE; Guerber: AYE: Nordstrom: AYE: ALL AYE: MOTION CARRIES........... D. Request for PropOsals for City Hall facility. (SEB) Mayor introduces the issue. City Attorney Buxton: Provides Council an overview of the RFP. Don Knickrehm is reviewing a draft of the RFP. If you want to consider a "Green Building" then it needs to be included in the RFP. Council discussion on a "Green Building". Further discussion on the RFP. Bastian moves to continue the RFP to the August 10, 2004 City Council meeting. Seconded by Guerber. ALL AYES: MOTION CARRIES................. 11. EXECUTIVE SESSION: A. Threatened or Pendine Litieation: I.C. §67-2345(f) Mayor introduces the issue. Sedlacek Moves to go into Executive Session for the discussion of Threatened or Pending Litigation. Seconded by Nordstrom. Bastian: AYE; Sedlacek: AYE: Guerber: AYE; Nordstrom: AYE: ALL AYES: MOTION CARRIES...................... Council discusses threatened or pending litigation. Council leaves Executive Session at 12: 15 p.m. Bastian moves to authorize the City Attorney to ask the ACSS Technical people to participate in an informational meeting with Idaho Power, the City, Eagle River and the PUC staff in regards to an amendment to settle this matter. Seconded by Guerber. ALL AYES: MOTION CARRIES................... 12. REPORTS: No reports 1. Mayor and Council's Report: 2. City Engineer Report: 3. City Clerkffreasurer Report: 4. Zoning Administrator's Report: 5. City Attorney Report: Page 9 K:\COUNCILIMlNUTESITemporary Minutes Work Area\CC-O7-27-04mio.doc 13. ADJOURNMENT: Bastian moves to adjourn. Seconded by Nordstrom. ALL AYE: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 12:20 p.m. Respectfully submitted: j1~. - ~ ß.,~~ SHARON K. BERGMANN CITY CLERK/TREASURER APPROVED: ",'IUIIIII .0- ,..., II.. ..,-.-' . C i~ 1:<1 ""« I' ...'\ '........ 0". , Iii v'" .. .. '" ill (. o~.POR.;t;...~ \ - v ~~. -. . . : -.-. * : . . . : ~~.:' :: ^ ~::t: E ':. ..-. ....0. .. -:. if'.,~.. .-.~'~.'O I ~#. . ' , ...... .~~ . . ' ~",... ..," '~" .' '. J ,.-."" "" OJ. II ....", Page 10 K:\COUNCILIMINUTESITemporary Minutes Work Area\CC-O7-27-04mio.doc 12. ' g a continueusThe 35-foot wide common lotLfor the buffer area along Horseshoe Bend Road and-extending are approved as presented on the submitted plat. A 35-foot wide landscape easement shall be provided across the eastern boundary of Lot 1, Block 2. pogo ��' "`�' dam' �1"1 titki � `� �, i� as,\sp04--e-C i �'? LAKE; 1 ito��,,ys�''�b y '�'�S a I,�e� el -A-. oVis'eo IR-- 6-4-- -`-'---cel-e-<)\. r' '4 5 -s �s 0, VIb ,„„v 4-1)._, a t‘j?' 6;fiNfrt Cft. \dtAP � P koh" d1/4c Q`' 14-s -°'"4-ire.;t1S The applicant shall keep and maintain for use on the property such irrigation water rights as are reasonably required in order to provide a pressurized irrigation system or systems for all landscaped areas on the property. In the event that the applicant desires to transfer, sell or convey for consideration any excess water rights (that is, water rights not necessary to provide an adequate source of irrigation water for the landscaped areas on the property), the applicant shall first submit to Eagle reasonable written evidence of an agreement to purchase said water rights and the price and complete terms agreed to be paid therefore. The City of Eagle shall have sixty (60) days after receipt of said notice within which to elect, in writing, to purchase such water rights upon the same terms which the applicant is to receive from said third party purchaser, whereupon the water rights shall be sold to Eagle on such terms and conditions, each party being bound thereby. In the event Eagle shall not have given written notice of its intent to purchase the water rights within the said sixty (60) day period, the first right of refusal created hereby shall terminate and the applicant shall be entitled to sell its water rights free of any right or claim of right by the City of Eagle. Mayor: Nancy C. Merrill CITY OF EAGLE P.O. Box 1520 Eagle, Idaho 83616 939-6813 TO; Mayor Merrill and City Council Members Council: Stanley J. Bastian Steve Guerber Scott Nordstrom Lynne Sedlacek FROM: Jean Walker, Administrative Clerk Building Department Eagle Representative on Street Naming Committee of Ada County RE: WINDING CREEK AND WINDING CREEK EAST SUBDIVISIONS When you decide on the name for the north directional street within these subdivisions please consider the North/South and East/West grids that will make up the coordinates for the computerized mapping for dispatch and emergency vehicles. This was my reasoning in requiring a separate name. Hill Road, Plaza Drive and State Street are all east/west streets. The connecting north/south street needs to have a different name so you can have responses to: State Street and Agate Creek Way Agate Creek Way and Hill Road I was not trying to make it harder for people to get around; just easier for the Sheriffs deputies, fire trucks and ambulances to respond faster. As for the name of the street, the developer may pick any name that is available within the county. AMANITA STREET WINDING CREEK SUBDIVISION VICINITY MAP z 3 0 `U 3av 60o SCALE: 1"=300' 33 -o E BISHOP rr 0 Eagle City Council Public Hearing Sign-up Sheet Subject: A-3-04/RZ-3-04/CU-3-04/PPUD-1-04/PP-3-04 - Shadow Ridge Planned Unit Development — Hillview Development Corp. July 27, 2004 7:30 p.m. ADDRESS/ TESTIFY NAME TELEPHONE SUBJECT YESNO? PRO/CON `.IiRK r-3�&Tl(.1. S). N Z.,- ST Cflilt \/ E 3 PUD /)/17)'itit'zi ,,,, Page 1 f 1 H•\COUNCIL\AGENDA\CCSIGNUP WPD Eagle City Council Public Hearing Sign-up Sheet Subject: A-2-04 & RZ-2-04 Annexation and Rezone From RUT to R -E E. Thomas & Connie Jones: July 27, 2004 7:30 p.m. ADDRESS/ TESTIFY NAME TELEPHONE SUBJECT Y ES/NO? PRO/CON T4< C%1// /sad u)/4*.11 Page 1 f 1 Fi \COUNCIL\AGENDA\CCSIGNUP.WPD Eagle City Council Public Hearing Sign-up Sheet Subject: PP -2-04 — Preliminary Plat for Pony Subdivision No. 2 — E. Thomas & Connie Jones: July 27, 2004 7:30 p.m. NAME ADDRESS/ TESTIFY TELEPHONE SUBJECT YES/NO? PRO/CON Page 1 f 1 H:I000NCILIAGENDAICCSIGNUP. WPD Eagle City Council Public Hearing Sign-up Sheet Subject: PP -1-04 — Preliminary Plat for Tangle Rose Subdivision — George Crandlemire July 27, 2004 7:30 p.m. NAME ADDRESS/ TESTIFY TELEPHONE SUBJECT YES/NO? PRO/CON Page 1 f 1 H:I000NCIUAGENDAICCSIGNUP.WPD Eagle City Council Public Hearing Sign-up Sheet Subject: A-1-04 & RZ-1-04 - Annexation and Rezone From RUT to R -E - George Crandlemire: July 27, 2004 7:30 p.m. ADDRESS/ TESTIFY NAME TELEPHONE SUBJECT YES/NO? PRO/CON Page 1 f 1 H:ICOUNCIUAGENDAICCSIGNUP. W PD S 0 S 0 S A-PC"ZAD V.; (3i VC' Lo .k),vL) v c,K1-1-) L o cy, )n, No LDS l tiaj�t�0.`I • *. ••:‘, r‘l\ 0 LI rU �-,2 C L • GINES & RICE P.C. Attorneys at Law 1705 N. Cole Road Boise, ID 83704 Tel: (208) 377-0074 Fax: (208) 377-8722 Ralph J. Gines July 27, 2004 Eagle City Council Eagle City Hall Eagle, Idaho 7---,27--eci RECEIVED �i CITY OF EAGLE JUL 172004 Fite: Route to: ( Jim Rice Re: Proposed annexation and subdivision by Hillview Development, Inc. Of a portion of the E '/2 of the NE 1/4 of Section 10, T4N, R1 E, BM, Ada County Idaho .4-3-oVtgZ-3- oN/CU- 3--ayAPUD-I^oLIAP- 3 -Oil Dear City Council: I represent Donna Weston, who is the owner of the property located at 10895 Horseshoe Bend Road. I submit this written objection to the annexation and subdivision above referenced on her behalf. There is a current case pending in the Ada County District Court regarding a portion of the property in the above proposed development. The dispute regards a parcel that is approximately .6 acres in size. The dispute is between the owners of a parcel included in the proposal (Jack and Evelyn Reynolds) and my client who owns a parcel not included in the proposal. The survey used for the proposal contains apparent inaccuracies related to the existence of an alleged "old section corner", which per the survey is a calculated point. No monument for the alleged "old section corner" has been found. In fact there appears to have never been an "old section corner". This is especially true given the fact that section corners set by the U. S. government survey can never be moved as a matter of law, even if they are erroneous. (See Palmer v. Fitzpatrick, 97 Idaho 925) Until the legal dispute is resolved, there is not sufficient certainty for the City of Eagle to take action as to the annexation or the subdivision because a portion of the property that may be annexed and subdivided is, apparently, not owned by the developer and the developer does not have authority from the owner to make the application. If my client is determined to be the owner of the disputed parcel, the City of Eagle will have improperly annexed and subdivided the approximately 0.6 acres. W ES) --6 j 11 r' W yro N fV0 M-. co 5 �L Ada County Sheriff's Eagle Station Monthly Report Lam'' isa-111,6 IMP June 2004 Eagle Station Monthly Report June 2004 Sergeant Dana Borgquist • I attended several meetings in preparation for Eagle Fun Days. Golf tournament, Rodeo, Bike Race, Parade, Oyster Feed, early morning show with Larry Gebert and the Chamber Breakfast. Fun Days went off with no major incident • I met with Boise City Parks officials and Chief Friend and volunteer Don Stockton in regards to the Eagle greenbelt/pathway. I enlisted the services of an Eagle Scout candidate to install mile markers along the pathway in Eagle city limits • I was involved in a Public Relations event with KNIN television for "Forces Face -Off" competition • I attended the ACSO Sergeant's meeting • Interviewed 7 candidates for the Field Service Technician position and selected Judy Simmons for the position. • I attended a conference on Community Policing in Washington DC which was conducted by the Department of Justice • I attended the Eagle Fun Days wrap up meeting Red Team Deputy Matt Buie • I attended a three-day Spanish class. We were taught very basic Spanish. Enough basics to deal with a driver of a vehicle, etc. • I volunteered for Parade Command at Eagle Fun Days. I directed deputies, and explorers to manage the traffic and pedestrians. • 1 met with several employees of the new Westmark bank on Eagle River. I presented safety tips and discussed how the Sheriff's Office would handle hold-up alarms, and robberies, etc. • I followed up on our Eagle City felony probationers. I ran all of them through our local warrant system and found two had felony warrants. I am following up with their probation officer to see about service. • I contacted the residence of one of our felony probationers on Deadwood Ct. He was not home, but he is living there and sounds like he is staying out of trouble. • I recently partnered with Star Deputy Ken Ramage, and the ACSO Crime Analysis Unit to make a theft and vandalism prevention pamphlet that would serve as education and tips for the citizens of Star and Eagle. I spoke with the Eagle Chamber and the Eagle Sewer Office to get assistance with distribution of the pamphlets. I have received permission to insert them into the August Eagle Sewer bill to be distributed to over half of Eagle. The other half that does not have sewer service and the non -single family dwellings is still being worked out. Funding for the 8,000 more pamphlets I need is also being worked out. But hopefully by the end of August, the citizens of Eagle will have these valuable education tools. • I gave a presentation to the driver's education students at Ryal's driving school in Eagle. This consists of a power point presentation that covers traffic stops, accidents, traffic law, etc. Deputy Marc Bowman • I worked HWY 44 between Eagle and Riverside focusing on excessive speed. This resulted in several citations at 70 mph and above. • I am also working with Rocky Mountain fitness center regarding an on-going theft problem. Deputy Jake Vogt • I continued to conduct extra patrols of construction sites due to recent thefts. • I modified my regular shift by adjusting end of scheduled shift by one hour. I applied those hours toward conducting patrol in subdivisions to curb vehicular burglary and juvenile vandalism. • I responded to a burglary in progress at Visions First. • I responded to a burglary in progress at the Fox Tail Golf Course. Deputy Jeremiah Neumann • Still working with narcotics detectives with investigation of three potential methamphetamine labs in the Eagle Area. The homes are definitely dealing narcotics from the locations, it is unknown at this time if active labs are in the residences. The investigation is still ongoing and I will be assisting further with trash pick-ups etc. • Conducted heavy traffic enforcement primarily on Highway 55, Highway 44 and Eagle Road. • Monthly Bomb Team training at Ada County Court House. • Multiple warrant and PC arrests throughout month for various criminal charges. • Conducted routine burglary supression patrol in subdivisions. Contacted numerous residences with open garage doors or other unsecured property during the night time and advised them of the theft potentials. Gold Team Deputy Todd JoIlife • June 11 & 12 - I worked during a community event, Eagle Fun Days • June 14 — 18 - I attended Instructor Development class • June 21 — 25 — I attended ERT School for Weapons of Mass Destruction (WMD) Deputy Luis Gutierrez • I worked during a community event, Eagle Fun Days • I am the Field Training Officer for new Deputy Rick Boyes who is presently in the second phase of his training. • June 7-11 I attended Police Training Officer school (a new field training program) • June 21-25 — I attended Weapons of Mass Destruction Tactical Operations (SWAT) school. Deputy Jon McDanieI • I attended a week long Training Officer school to become certified to train newly hired deputies. • I worked in partnership with Mary May, who lives on Longridge Street in a subdivision named Lexington Hills, to help support the Neighborhood Watch Program. Mary has distributed more than 50 of my business cards to citizens walking the pathways of Lexington Hills. Mary informs them of the most recent area crimes and asks the citizens to contact the Sheriff's Dispatch if they witness anything suspicious in nature • I met with the staff of The Family Table group home. They have not had any calls for service this month and are currently housing nine children. • I performed burglary suppression, while working the graveyard shift , by riding the bicycle through neighborhoods and construction areas. 20 18 16 14 • 12-- -- 10 - 8 6 6 4 2 0 1 Ada County Sheriff's Office Burglary, Theft, Domestic, and Drug Related JUNE 2004 JUNE 2004 19 0 BURGLARY ■ DOMESTIC v O DRUG RELATED O THEFT IIVANDALISM 2 3 BURGLARY 1 BURGLARY VEHICLE 0 COMMERCIAL BURGLARY 3 CONSTRUCTION SITE BURGLARY. 0 RESIDENTIAL BURG ATTEMPTED 0 RESIDENTIAL BURGLARY 3 TOTAL BY AREA ' 6 DOMESTIC DOMESTIC BATTERY/PHYSICAL DOMESTIC BATTERYNERBAL DOMESTIC DISTURBANCE TOTAL BY AREA 11 0 0 0 10 DRUG RELATED1 TOTAL BY AREA 12 THEFT THEFT GRAND THEFT OF MOTOR VEHICLE THEFT PETIT THEFT/LARCENY ATTEMPTED TOTAL BY AREA 4 5 Eagle Kuna 2 3 4 5 Eagle Kuna Star BSU TOTAL BY CRIME' 3 3 14 3 8 3 1 0 35 1 0 0 2 5 0 0 8 19 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 1 5 0 0 2 2 0 17 8 4 19 5 13 5 3 8 71 2 1 0 1 2 2 0 3 0 0 0 0 3 1 4 0 0 0 0 4 3 5 1 0 0 1 5 0 1 Eagle Kuna Star BSU TOTAL BY CRIME 2 0 3 0 7 0 0 0 0 0 0 1 0 0 2 2 1 3 0 9 Eagle 3 Kuna 5 Star BSUTOTAL BY CRIME 0 1 I 15 1 2 3 4 5 Eagle Kuna Star BSU TOTAL BY CRIME 3 0 1 0 1 1 0 0 0 6 1 1 0 1 0 1 0 0 0 4 1 3 6 5 0 3 11 5 5 39 0 0 0 0 0 0 0 0 0 0 5 4 7 6 1 5 11 5 5 49 VANDALISM I 1 I 2 I 3 TOTAL BY AREA 4 8 4 Grand Total Source: New World 7/8/04 ACSO/CAUtm 45 52 Eagle 0 Kuna 6 Star 0 BSU 0 1171 221 161 331 9 1 23 1 28 1 11 1 14 1 TOTAL BY CRIME 29 173 S 0 0 z_ J 88 a 2 2 1 Injury 1 Non Injury \ 93 3NAINV1 t EAGLE CRASHES FLOATING FEATHIIZ 1 Injury 1 Non Injury 94 z _ O C;HINDEN 2 • 85 2000 to 0500 o Non -Injury Injury 1300 to 1900 o Non -Injury • Injury 0600 to 1200 • Non -Injury * Injury 155 i) H�GHwgY 44 4 Mile 86 77 1 Injury ---11 Non Injury 82 ntS0/CAU/RH 7/13/04 Eagle Reported Cases 6/1/04 to 6/30/04 cio LIGH —�1 RpaUd Cuss • Bli NANGUP O ACCIDENTAL SHOOTING O ALCOHOL VIOLATION • BATTERY • BURG ATTEMPTED • BURGLARY ▪ BURGLARY VEHICLE ▪ BURNING/LITTERING • CHILD CUSTODY NTERFERENCE • CHILD MOLESTNGA. 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LOCATEDPREUMI IN THE FfE NARY J�ISYa OF1Sii AN 1IN 10. 1 8,9 Nu T.4N., R.1E., B.M., ADA COUNTY, IDAHO 1