Minutes - 2004 - City Council - 11/09/2004 - Regular
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EAGLE CITY COUNCIL
Minutes
November 9, 2004
THIS PORTION OF THE MEETING WILL BE HELD AT THE SENIOR CENTER
PRE-COUNCIL AGENDA: 6:30 D.m. - 7:30 D.m.
1. City Forester Report: Keith Atkins: Updates Council on the grants applied for. Our intern grant
was funded for another year and we should be able to triple the amount of trees in our inventory. I
received one small grant to replace trees at the Eagle Sports Park. Distributes a written report to
Council in regards to a pruning program, displays overheads and discusses the same. Discussion
on street tree inventory. General discussion.
2. City Engineer Report: Discussion on the City Enhancements that were presented to lTD. The
bridge at Merrill Park and the Eagle Road pedestrian underpass qualify for enhancement money.
We have a meeting tomorrow at 2:30 on the Water Master Plan at City Hall.
Mick and I have been meeting with United Water on their new 16" water line. We are waiting for
information from United Water.
The Communities in Motion Transportation effort is going on and it is vital that you have some of
the City Planners at these meetings. Long term will affect funding in the future. The workshops
are the 16th and 17th of this month. Mayor: our Planners are planning on attending.
City Attorney Buxton: I'm requesting that Council go into Executive Session for the
discussion of pending litigation.
Guerber moves to go into Executive Session for the discussion of pending litigation.
Seconded by Sedlacek. ALL AYES: MOTION CARRIES.................
Council discusses pending litigation.
Council leaves Executive Session at 7:40 p.m.
3. City Clerk/Treasurer Report: Moved to end of Agenda
4. Zoning Administrator's Report: Moved to end of Agenda
5. City Attorney Report: Moved to end of Agenda
6. Mayor and Council's Report: Moved to end of Agenda
REGULAR COUNCIL AGENDA: 7:30 D.m.
1. CALL TO ORDER: Mayor Merrill calls the meeting to order at 7:40 p.m.
2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. Nordstrom is absent.
A quorum is present.
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENT: None
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
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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 October 19,2004.
C. Minutes of October 26, 2004.
D. Pathway Bollard Sign approval.
E. Magnetic Lock Installation at Eagle Sport Park approval.
F. Findines of Fact and Conclusions of Law for RZ-8-04 - Rezone From A-R to
PS - Ada County Hiehwav District: Ada County Highway District, represented
by Doherty & Associates, Inc., is requesting a rezone from A-R (Agricultural-
Residential) to PS (Public/Semi-Public) for the construction of a park and ride lot.
The AI-acre parcel is located on the south side of North Ballantyne Road and north
ofthe intersection of West Highway 44 and West State Street, at 1993 West State
Street. (WEV)
G. Findines of Fact and Conclusions of Law for CU-8-04 - Waener Fall Festival
- Rod and Debi Waener: - Rod and Debi Wagner are requesting conditional use
permit approval to operate a fall festival with events including a com maze,
pumpkin patches, hayrides, children's outdoor play area, outdoor musical
entertainment, and associated beverage and food vendor sales. The site is located
on the north side of Mace Road and west of Eagle Road at 800 W. Mace
Road.(WEV)
H. Findines of Fact and Conclusions of Law for FPUD-S-O4 & FP- 7-04 - Final
Development Plan and Final Plat for Shadow Ridee PUD Subdivision -
Hillview Development Corporation represented bv Land Consultants Inc.:
Hillview Development Corporation, represented by Land Consultants Inc., is
requesting final development plan and final plat approval for phase 1 of Shadow
Ridge Subdivision POD, a 92-lot (77-buildable, 15-common) residential
subdivision. This 25-acre phase of the Shadow Ridge Subdivision POD is located
on the west side of Horseshoe Bend Road at 10711 through 10867 Horseshoe
Bend Road. (WEV)
I. DR-98-04 - Two Office BuUdines within Great Skv Subdivision No.7 - John
Moodv and Gary Asin: John Moody and Gary Asin are requesting design review
approval to construct two (2) 2,244-square foot office buildings. The site is
located on the west side of South Wooddale Avenue approximately I 45-feet south
of Hill Road within Great Sky Subdivision No.7 (Lot 24 and 25, Block I I, Great
Sky Subdivision No.7) at 231 and 219 South Wooddale Avenue.(WEV)
J. DR-IOO-04 - Multi-tenant Dental/Medical Office BuUdine - Svdnev and
Associates LLC: Sydney and Associates LLC, represented by James Murray with
CSHQA, are requesting design review approval to construct a 3,865-square foot
dental/medical office building. The site is located on the south side of East Plaza
Drive approximately 1/8 mile west of East Iron Eagle Drive (Lot 17, Block 3,
Merrill Subdivision No.2) at 781 East Plaza Drive.(WEV)
K. DR-IOI-04 - Master Sien Plan for a Multi-tenant Dental/Medical Office
BuUdine - Svdnev and Associates LLC: Sydney and Associates LLC,
represented by James Murray with CSHQA, are requesting design review approval
of a master sign plan for the Eagle Medical Arts Office Building, which includes
the construction of two (2) building wall signs and one (I) monument sign. The
site is located within the Rocky Mountain Business Park on the south side of East
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Plaza Drive approximately lI8-mile west of East Iron Eagle Drive (Lot 17, Block
3, Merrill Subdivision No.2) at 781 East Plaza Drive.(WEV)
L. DR-I04-04 - Park and Ride Lot - Ada County Hil!:hwav District: The Ada
County Highway District, represented by Karen Doherty with Doherty and
Associates, Inc., is requesting design review approval to construct a Park and Ride
lot. The site is located on the south side of North Ballantyne Road and north of
the intersection of West State Street and State Highway 44 at 1993 West State
Street. (WEV)
M. DR-IOS-04 - Multi-tenant Dental/Medical Office Buildinl!: - BLS Professional
Properties. LLC: BLS Professional Properties, LLC, represented by Peter
Rockwell with Glancey - Rockwell, is requesting design review approval to
construct a 5,596-square foot multi-tenant dental/medical office building. The site
is located approximately 430-feet south of East Shore Drive at 1032 South
Bridgeway Place (Lot 26, Block 4, Mixed Use Subdivision No.5). (WEV)
N. DR-I06-04 - Master Sil!:n Plan For A Multi-Tenant Dental/Medical Office
Buildinl!: - BLS Professional Properties. LLC: BLS Professional Properties,
LLC, represented by Peter Rockwell with Glancey - Rockwell, is requesting
design review approval of a master sign plan for a multi-tenant dental/medical
office building. The site is located approximately 430-feet south of East Shore
Drive at 1032 South Bridgeway Place (Lot 26, Block 4, Mixed Use Subdivision
No.5). (WEV)
O. Open Container Permit for Smokv Mountain Pizza for the Evan's Buildinl!:
Supplv Open House.
Sedlacek moves to amend the Agenda by adding to the Consent Agenda as Item #0 an Open
Container Permit for Smoky Mountain Pizza for the Evan's Building Supply Open House.
Seconded by Bastian. ALL AYES: MOTION CARRIES.................
Bastian moves to approve the Consent Agenda. Seconded by Sedlacek. Bastian: AYE;
Sedlacek: AYE; Guerber: AYE: ALL AYES: MOTION CARRIES......................
6. PROCLAMATIONS & RESOLUTIONS: None
7. UNFINISHED BUSINESS:
A. Idaho Power - U8-1ev Sub-Transmission Line - Tentative settlement al!:reement between
Idaho Power and the City of Eal!:le rel!:ardinl!: CU-9-02 - Idaho Power is considerinl!: an
alternate route to their oril!:inal corridor proposed within downtown Eal!:le.(WEV)
Mayor introduces the issue.
Mayor displays overheads and provides an overview of the history of the Idaho Power
transmission lines going through the City of Eagle and the options that have been considered for
the routes. This has not been posted as a public hearing but we welcome your comments before
the Council deliberates. General Council comments.
Jeff Cline, 569 N. Colony Way, in 18 months to two years what is above ground and what is not?
Mayor: If the City of Eagle accepts and increase of the franchise fees to 2% then the City will go
forward with a plan to bury all of the distributions lines within the City. The transmission lines
will not be buried only the distribution lines.
General discussion.
Nancy Amell, 284 I sl Street, is it correct that the reason that we don't want high poles is for the
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ascetics. How much of this electricity affects Star and Eagle. IT is my understanding it affects an
area to the South and why doesn't that area have to pay for these costs?
Pike leinert, Discusses the lines from the Substation to Star. Discussion on the future of Idaho
Power serving the areas to the West of Eagle. I'm not aware of any area to the South. This will
eventually serve more area than Star, such as HP and the Joplin area.
General discussion on the style of poles that will be used.
Kirk Walton, discussion on using a different type of line.
Mayor: We thought this was a good idea but we did not get anywhere with the POc.
Barry Burnell, 301 Yellow Pine Place, I would like to have a little more discussion on why the
Council did not look at the Citizens Committee recommendation.
Mayor: We were not the only parties in that decision. There were several developers and several
attorney's involved and threatened lawsuits. Council also agreed to this as at the present time
there no poles along the alternate route.
General discussion on the poles going down the alternate route.
Teri Bath, 1729 Wigby Lane, there are people across the country that are painting these power
poles to look like trees. Can't we do something to make these poles look like some kind of trees?
Mayor: We did ask that at the POCo Idaho Power has not done this yet. They did not seem
opposed to this idea, if the City paid for the cost.
Further discussion on the route.
Mary Schaner, discussion on the color of the poles and how tall they are. I want to thank the
Council because no one is going to be entirely happy. I would like to encourage the Mayor and
Council to take this fight to a higher level in Southern Idaho. General discussion.
John Woodson, I'm concerned about a couple of things. The power lines are going to happen. It
all comes down to money. I propose to you that the developers coming into this area should pay
for burying the lines. That will solve the problem.
General discussion on the color of the poles. The consensus of the public like the wooden poles.
Further general discussion on the type of poles that would be along the proposed route.
Celie Roberson, 297 W. Colony Court, I did some research on burying power lines in some other
cities. I have heard a lot about ascetics and not much about health issues. I'm extremely
concerned about the health risks.
Nancy Amell, I talked to some people involved in research and comparing underground lines to
aerial lines and the higher the lines the better.
Mayor: Idaho Power has reached an agreement with Zamzows and Albertsons. The City is still
working on the details.
Further discussion on burying the distributions line. Why do the transmissions lines have to be so
high. General discussion.
David Allen, the problem I have with the proposed route is that if you are driving in your car you
have a shield over you. If you are walking in the downtown area you are more exposed to
radiation. I would propose that you have higher poles in the downtown area.
General Council discussion on the route.
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Bastian moves to accept the route as explained (Overhead #D as presented tonight) and the
details of the final settlement to be worked out with Idaho Power and the City Council which
will be brought back to the City Council for a final decision. Seconded by Gerber. ALL
AYES: MOTION CARRIES...................
MAYOR CALLS A RECESS AT 8:45 P.M. SO THE MEETING CAN RECONVENE AT
THE CITY HALL COUNCIL CHAMBERS.
Mayor reconvenes the meeting at 9:20 p.m.
8. PUBLIC HEARINGS:
A. A-4-04 & RZ-6-04 - Annexation and Rezone - City of Eaele: The City of Eagle is
proposing a City-initiated annexation and rezone with development agreements for the properties
generally located on the southwest and northeast corners of State Highway 44 and Linder Road.
The multi-site rezones are proposed to be from RR (Rural Residential), RUT (Rural Urban
Transition), and R4 & R2 (Residential) to A-R (Agricultural Residential), R-2-DA and R-3-DA
(Residential with development agreement), C-I-DA (Neighborhood Business District with
development), and PS (Public/Semi-Public).(WEV)
Mayor introduces the issue.
Zoning Administrator Vaughan, displays overheads and provides Council an overview of the
proposed annexation and rezone. General discussion.
Jim Jewitt, 408 S. Eagle Road, discusses some of the subdivision items. We did design lighting
and landscaping to meet Eagle City Code. We want to adhere to Eagle set backs and not Ada
County set backs. Further discussion on the development. Senora Creek I and 2 will be combined
into one final plat. Discussion on the Development Agreements.
Mayor opens the Public Hearing
Mayor closes the Public Hearing
General discussion.
Sedlacek moves to approve A-4-04 & RZ-6-04 - Annexation and Rezone, annexation for the
VanTreeck and Schenk property which would be subject to the conditions of the individual
Development Agreements and that the annexation for the Goldcreek Developers would be
continued for two weeks to the November 23, 2004 City Council meeting so staff and the
owner's and can work out the details. Seconded by Guerber. ALL AYES: MOTION
CARRIES.....................
B. CPA-I-04 - Comprehensive Plan Amendment from Residential Two to Mixed Use-
Laeuna Pointe. LLC: Laguna Pointe, LLC, represented by Land Consultants, Inc., is requesting a
Comprehensive Plan Amendment to change the land use designation on the Comprehensive Plan
Land Use Map from Residential Two (up to two dwelling units per acre) to Mixed Use. The 9.31-
acre site is located on the east side of Eagle Road, at 2260 South Eagle Road. An annexation
application previously submitted to the City for review included this property, a 9.3 I-acre portion
of the approximately 117-acre site.(WEV)
C. RZ-2-03 MOD - Rezone from RUT and A-R to MU-DA - Coast 2 Coast LLC.:
Coast 2 Coast LLC, represented by Land Consultants Inc., is requesting a rezone from RUT (Rural
Urban Transition - Ada County designation) and A-R (Agricultural-Residential-up to one dwelling
unit per five acres) to MU-DA (Mixed Use with Development Agreement) and, a modification to
the development agreement previously approved by the City affecting 9.3 I-acres of the overall
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117-acre Laguna Pointe POD site. The site is located on the east side of Eagle Road, at 2260 South
Eagle Road.(WEV)
Guerber moves to continue Items #B and C to the December 14,2004 City Council Meeting.
Seconded by Bastian. ALL AYES: MOTION CARRIES...............
D. ZOA- 7-04 - Zonin!! Ordinance Amendment to amend ECC Section 8-8-3: The City of
Eagle is proposing to amend Eagle City Code Title 8 "Zoning", Chapter 8 "Area of City Impact",
Section 3 "Applicable Plan Policies and Ordinances" to recognize revisions made to the 2000
Comprehensive Plan as adopted by the City Council on September 14,2004, by resolution 04-
15.(WEV)
Mayor introduces the issue.
Mayor opens the Public Hearing
Mayor closes the Public Hearing
Bastian 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 #486 be considered after being read once by title only. Bastian reads Ordinance
#486 by title only. Seconded by Sedlacek. ALL AYE: MOTION CARRIES.................
Bastian moves that Ordinance #486 be adopted. Seconded by Sedlacek. Bastian: AYE;
Sedlacek: AYE; Guerber: AYE: Nordstrom: AYE: ALL AYE: MOTION
CARRIES...... ...... .......
E. PP/FP-I-04 - Reese Subdivision (Rockv Mountain Business Park - Svdnev & Associates -
Mar!!aret Jones: Margaret Jones with Sydney & Associates LLC, represented by James Murray
with CSHQA, is requesting combined preliminary plat and final plat approval for Reese
Subdivision, are-subdivision of Lot 17, Block 3, of Merrill Subdivision No.2. The I .04-acre, 2-
lot commercial development is located south of East Plaza Drive, at 781 East Plaza Drive.(WEV)
This item will be continued to the November 23, 2004 meeting.
F. RZ-9-04- Rezone From A-R To R-2 - Nal!V Sprin!!creek LLC: Nagy Springcreek LLC.,
represented by Land Consultants Inc., is requesting a rezone from A-R (Agricultural-Residential) to R-2
(Residential - up to two dwelling units per acre). The 26.18-acre site is located west of Eagle Road, at
2267 South Eagle Road.(WEV) This item will be continued to the November 23, 2004 meeting.
G. PP-6-04 - Westover Lakes Subdivision - Na!!v Sprin!!creek LLC: Nagy Springcreek LLC,
represented by Land Consultants Inc., is requesting a preliminary plat approval for Westover Lakes
Subdivision, a 32-lot (26-buildable, 6-common) residential subdivision. The 26.18-acre site is
located west of Eagle Road at 2267 South Eagle Road.(WEV) This item will be continued to the
November 23, 2004 meeting.
Sedlacek moves to continue Items #E, F and G to the November 23, 2004 City Council
meeting. Seconded by Bastian. ALL AYES: MOTION CARRIES.........
9. NEW BUSINESS:
Proposed Ordinance 488: Amending Eagle City Code Title 4, Chapter 5, Animal Control.
Discussion and Review (This ordinance will require a public hearing at a later date.)(SKB)
Mayor introduces the issue.
City Clerk Bergmann: This ordinance will come back to you at a public hearing. I need to know if
you are in agreement with the new fees and the addition of the rabies vaccinations.
Council concurs on the fees and the rabies vaccinations and the other changes and additions.
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10. FINAL PLAT: None
11. EXECUTIVE SESSION: Personnel- I.C., 67-2345
Sedlacek moves to go into Executive Session for the discussion of Personnel.
Seconded by Bastian. Bastian: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYES:
MOTION CARRIES.............
Council discusses personnel issues.
Council leaves executive session at 10:05 p.m.
Sedlacek moves to approve the request of Barbara Cerda as outlined in her letter of
October 25,2004. Seconded by Bastian. ALL AYES: MOTION CARRIES.........
PRE-COUNCIL REPORTS:
Mayor and City Council:
Sedlacek: Reports the Senior Center Board Meeting and the Chamber Meeting.
Reports on the Sewer District Meeting.
Bastian: Reports on the Library Board Meeting.
The Library Director is doing well and the relief Librarian that was hired will be kept on to
fill in at the reference desk.
Discussion on the Library's long term plan.
Reports on the Design Review Meeting.
Reports on the Sheriff s Department.
Mayor: Discussion on a replacement on the Planning and Zoning Commission.
General discussion on Eagle Water.
Discussion on the Frielic agreement.
Reports on the meeting with golf course representatives. Their designers were in town. We
should see this in December.
Guerber: SE light is out at Friendship Park by the tennis court.
West Entry sign a bush is blocking the sign.
City Clerk/Treasurer Report: The flag at Eagle River will cost $1,000.00. Council concurs
to order the flag.
Library is proposing an increase in their late fees which will come back to you at a Public
Hearing.
The cost to change the parking lot from gravel to asphalt at the Hill Road Park will be
$62,700.00. Council concurs to proceed with the change order.
General Council discussion on events in the City.
Zoning Administrator's Report: Reports on the ACHD Blue Print for Good Growth
meeting held at the Library tonight. General discussion.
Further Council discussion.
City Attorney Report: No Report
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12. ADJOURNMENT:
Bastian moves to adjourn. Seconded by Sedlacek. ALL AYE: MOTION
CARRIES...
Hearing no further business, the Council meeting adjourned at II :00 p.m.
Respectfully submitted:
JD-t -f~' -Ii- (6~~
SHA ON K. BERGMANN
CITY CLERK/TREASURER
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PRESENTATION TO
EAGLE CITY COUNCIL
KEITH ATKINS
CITY FORESTER
❑City tree pruning program
❑Tree specification issues
❑Tree inventory -preliminary results
A forest tree shown at different ages
Trees in the forest grow with one
6o trunk, and codominant stems
toward the top of the tree
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Its party
time for all
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to sunlight
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Top 10 Species Distribution - Based on 1597 trees
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Tree Condition -Based on 1957 trees
43.80%
0.70%
5.10%
50.50%
Dead
❑ Fair
Good
Poor
TREE INVENTORY
PRELIMINARY FINDINGS
• Two species, Green Ash and Maple, account for 49% of the
1597 trees inventoried
• 56% of the trees inventoried were judged in fair or poor
condition or dead
• 38% of the 489 maples inventoried exhibited sun scald,
borers, or cottony maple scale
• The remaining 1108 trees, with few exceptions, showed no
sign of sun scald or cottony maple scale
• Maples represented 32% of the total inventory
✓ 19% of trees judged in good condition
✓ 39% of trees judged in fair condition
✓ 57% of trees judged in poor condition
✓ 36% of trees found to be dead
• 16% of the Ash population exhibit borer damage. This
includes most of the ash trees. lanted at the library. Y