Minutes - 2004 - City Council - 12/07/2004 - Regular
ORIGINAL
EAGLE CITY COUNCIL
Minutes
December 7, 2004
EXECUTIVE SESSION: 6:30 D.m.
I. CALL TO ORDER: Mayor Merrill calls the meeting to order at 6:30 p.m.
2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. Guerber is absent. A
quorum is present.
EXECUTIVE SESSION:
A. Pending or Threatened litigation and property acquisition: I.C. §67-234S(f)
Mayor introduces the issue.
Bastian moves to go into Executive Session for the discussion of pending or threatened
litigation and the acquisition of property. Seconded by Sedlacek. Bastian: AYE; Sedlacek:
AYE; Nordstrom: AYE: ALL AYES: MOTION CARRIES.....................
Council discusses pending or threatened litigation and acquisition of property.
Council leaves Executive Session at 7:40 p.m.
REGULAR COUNCIL AGENDA: 7:45 D.m.
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENT:
Mark Butler, I have sold two properties next to you, Rib Shack and Lettuce Leaf. Rib Shack has
a four year lease so they will be staying. A new restaurant will be in the Lettuce Leaf building.
General discussion.
Cheryl Bloom, Discusses the continued landscaping problems at Oakley Subdivision. I'm
requesting the City of Eagle to act on the outstanding Complaint on file with the City.
General discussion. The Complaint will be turned over to the City Code Enforcement Officer.
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 November 23,2004.
C. Minutes of November 29,2004.
D. Findine:s of Fact and Conclusions of Law for A-6-04 & RZ-ll-04 -
Annexation and Rezone - Ada County Hil!hwav District: The Ada County
Highway District is requesting approval of an annexation and rezone from RUT
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(Rural Urban Transition - Ada County designation) to PS (Public/Semi-Public)
for the construction of a park and ride lot. The 1.17 -acre parcel is located on the
southwest comer of the intersection of State Highway 44 and East Riverside
Drive. (WEV)
E. Findines of Fact and Conclusions of Law for PP/FP-I-04 - Reese
Subdivision (Rockv Mountain Business Park - Mal1!aret Jones/Svdnev &
Associates: Margaret Jones with Sydney & Associates LLC, represented by
James Murray with CSHQA, is requesting combined preliminary plat and final
plat approval for Reese Subdivision, a re-subdivision of Lot 17, Block 3, of
Merrill Subdivision No.2. The I.O4-acre, 2-10t commercial development is
located south of East Plaza Drive, at 781 East Plaza Drive. (WEV)
F. Findines of Fact and Conclusions of Law for RZ-9-04- Rezone From A-R To
R-2 - Naev Sprinecreek 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).
G. Findines of Fact and Conclusions of Law for PP-6-04 - Westover Lakes
Subdivision - Naev Sprinecreek LLC: Nagy Springcreek LLC, represented by
Land Consultants Inc., is requesting a preliminary plat approval for Westover
Lakes Subdivision, a 32-10t (26-buildable, 6-common) residential subdivision.
The 26.18-acre site is located west of Eagle Road at 2267 South Eagle Road.
(WEV)
H. Appointment to the Board of the Industrial Development Corporation: The
appointment will be for a three year term of office. (SKB)
Mayor removes Items 5B and 5H from the Consent Agenda.
Sedlacek moves to remove Items 5B and 5H from the Consent Agenda. Seconded by
Nordstrom. ALL AYES: MOTION CARRIES...................
Bastian moves to approve the Consent Agenda as amended. Seconded by Sedlacek.
Bastian: AYE; Sedlacek: AYE; Nordstrom: AYE: ALL AYES: MOTION
CARRIES... ......... .........
SB. Minutes of November 23. 2004:
Mayor: On Item 5B at the top of Page 6, 9.A: "Mayor introduces the issue." needs to be changed
to "Council President introduces the issue."
5H. Appointment to the Board of the Industrial Development Corporation: The
appointment will be for a three year term of office
Mayor: Ijust wanted to state that Council Member Nordstrom will be appointed as the new
Board Member of the Industrial Development Corporation.
Bastian moves to approve Items #SB and #SH with the corrections made. Seconded by
Sedlacek. ALL AYES: MOTION CARRIES.......................
6. PROCLAMATIONS & RESOLUTIONS: None
7. FINAL PLATS: None
8. PUBLIC HEARINGS:
A. Proposed late fine increase for overdue library books and certain audio-visual items: A
proposed fine of 25 cents per day for overdue book, music CD and book on tape/CD. (RB)
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Mayor introduces the issue.
Ronald Baker, Director ofthe Library, the Library Board acted on a recommendation from Staff
that the overdue fines be increased with the calendar year 2005. Discussion on the need for the
mcrease.
Mayor Opens the Public Hearing
Mayor Closes the Public Hearing
Bastian moves to approve the increase in late fines for library materials as presented this
evening. Seconded by Nordstrom. Bastian: AYE; Sedlacek: AYE; Nordstrom: ALL
AYES: MOTION CARRIES.......................
B. A-4-04 & RZ-6-04 - Annexation and Rezone - City of Ea!!le: The City of Eagle is
proposing a City-initiated annexation and rezone with development agreements for the properties
generally located on the northeast corner of State Highway 44 and Linder Road. The multi-site
rezones are proposed to be from RUT (Rural Urban Transition) and R4 & R2 (Residential) to A-
R (Agricultural Residential), R-2-DA and R-3-DA (Residential with development agreement)
and PS (Public/Semi-Public).(WEV) This item was continued/rom the November 23, 2004
meeting. Staff is requesting this item be continued to the January 11, 2005 meeting.
Mayor introduces the issue.
Zoning Administrator Vaughan: Staff is requesting that this item be continued.
Sedlacek moves to continue A-4-04 & RZ-6-04 - Annexation and Rezone - City of Eagle
to the January 11, 2005 City Council meeting. Seconded by Nordstrom. Discussion. ALL
AYES: MOTION CARRIES..................
C. PP/FP-3-04 - Hill Creek Business Park Subdivision - David Guthrie: David Guthrie with
Pacific Security Companies, Inc., represented by The Land Group, Inc., is requesting combined
preliminary plat and final plat approval for Hill Creek Business Park Subdivision. The 5.5-acre,
10-lot commercial development is located on the northeast corner of the intersection of State
Street and Hill Road. (WEV)
Mayor introduces the issue.
Mayor swears in Phil Hull.
Phil Hull, The Land Group, representing the applicant, displays overheads and provides Council
an overview of the application. General discussion.
Zoning Administrator Vaughn: Displays overheads and provides Council a history of the
property and an overview of the application.
Mayor Opens the Public Hearing
Mayor Closes the Public Hearing
Sedlacek moves to approve PP/FP-3-04 - Hill Creek Business Park Subdivision with all of
the Site Approval Conditions as presented tonight. Seconded by Nordstrom. Discussion.
ALL AYES: MOTION CARRIES..........................
D. A-7-04 & RZ-12-04 - Annexation and Rezone from RR to A-R - The City of Eagle is
proposing an annexation and rezone from RR (Residential) to A-R (Agricultural-Residential).
The 575+/- acre area is generally located west of Linder Road, east of State Highway 16, south
of Floating Feather Road and approximately 2500-feet north of State Highway 44.
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Mayor introduces the issue.
Zoning Administrator Vaughan: Displays overheads and provides Council an overview the City
initiated annexation. Planning and Zoning has recommend the zoning on this property.
Discussion on the Western Area Plan.
Mayor Opens the Public Hearing
Mayor swears in Mark Butler
Mark Butler, 1640 Washam Road, I'm representing myself and my family. I own some property
off from Park and my Mother-In-Law has purchased some property on Park and she will move
here in March. We want to see this area out to Hwy 16 be developed as the City of Eagle has
developed to date. We like the way Eagle develops. We support this annexation and rezone.
Mayor swears in Mark Rabdau
Mark Rabdau, Eagle Fire District, Assistant Chief, discusses the letter received from the Star Fire
District. We will do as good of job as Star or better. We will be placing a new station in this
area which will be manned 24 hours a day. It is important that the City of Eagle has one Fire
District servicing the area.
Mayor Closes the Public Hearing
General discussion.
Bastian moves to approve A- 7-04 & RZ-12-04 - Annexation and Rezone from RR to A-R, a
City of Eagle proposed annexation and rezone from RR (Residential) to A-R (Agricultural-
Residential). The 575+/- acre area is generally located west of Linder Road, east of State
Highway 16, south of Floating Feather Road and approximately 2S00-feet north of State
Highway 44. Seconded by Nordstrom. ALL AYES: MOTION CARRIES.....................
E. Proposed Ordinance No. 488: Ordinance Of The City Of Eagle, Ada County Idaho,
Amending Eagle City Code Title 4 "Public Health And Safety", Chapter 5 "Animal Control",
Section 5. "Dog Licenses And Special Provisions", Adding Section 6 "Rabies Vaccination" And
Section 7 "Rabies Control" And Providing An Effective Date. (SKB)
Mayor introduces the issue.
City Clerk Bergmann: Discusses the changes in the fees and the additions covering rabies
vaccination and control. General discussion.
Mayor Opens the Public Hearing
Mayor Closes the Public Hearing
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 #488 be considered after being read once by title only. Sedlacek
reads Ordinance #488 by title only. Seconded by Nordstrom. ALL AYE: MOTION
CARRIES.................
Sedlacek moves that Ordinance #488 be adopted. Seconded by Nordstrom.
Bastian: AYE; Sedlacek: AYE; Nordstrom: AYE: ALL AYE: MOTION
CARRIES...... ......... ......... ...............
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9. NEW BUSINESS:
A. Review of proposed job description for assistant buildin! inspector position. (MM)
Mayor introduces the issue.
General Council discussion on the On The Job Training Program that the V A offers. Discussion
on the benefits.
Nordstrom moves to accept the job description as proposed and the proposed Grade and
starting wage as presented by Mr. Mongelli and direct Mr. Mongelli to proceed with hiring
a new assistant building inspector under the VA program. Seconded by Bastian. ALL
AYES: MOTION CARRIES............
B. Discussion reeardine the desire of the Historic Preservation Commission to expend
funds to hire someone to work part-time at the museum. (SG)
Mayor introduces the issue.
City Clerk Bergmann: Provides Council an overview of the Historic Preservation Commissions'
meeting where this part-time employee was discussed. This person would be a City employee
and would work part-time, under 20 hours a week with no benefits. Volunteers would still be
working a the Museum also. General discussion.
Council concurs that they are in agreement with the need for a part-time employee for the
Museum. The Historic Preservation Commission needs to approve a motion for the part-time
employee and send a letter to the City covering the wage, hours worked and duties.
C. Proposed Ordinance No. 500 (Copperfield Subdivision): An Ordinance Annexing Certain
Real Property Situated In The Unincorporated Area Of Ada County, Idaho, And Contiguous To
The Corporate Limits Of The City Of Eagle, To The City Of Eagle, Idaho; Establishing The
Zoning Classification Of Said Real Property Described Herein; Amending The Zoning Map Of
The City Of Eagle To Reflect Said Changes; Directing That Copies Of This Ordinance Be Filed
As Provided By Law; And Providing An Effective Date. (WEV)
Mayor introduces the issue.
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 #500 be considered after being read once by title only. Bastian reads Ordinance
#500 by title only. Seconded by Sedlacek. ALL AYE: MOTION CARRIES.................
Bastian moves that Ordinance #500 be adopted. Seconded by Sedlacek.
Bastian: A YEj Sedlacek: A YEj Nordstrom: AYE: ALL AYE: MOTION
CARRIES......... ...... ... ... ... ............ ...
D. Proposed Ordinance No. 501 (City initiated annexation eenerallv located west of Linder
Road. east of State Hiehwav 16. south of Floatine Feather Road and approximatelv 2500-
feet north of State Hiehwav 44): An Ordinance Annexing Certain Real Property Situated In
The Unincorporated Area Of Ada County, Idaho, And Contiguous To The Corporate Limits Of
The City Of Eagle, To The City Of Eagle, Idaho; Establishing The Zoning Classification Of Said
Real Property Described Herein; Amending The Zoning Map Of The City Of Eagle To Reflect
Said Changes; Directing That Copies Of This Ordinance Be Filed As Provided By Law; And
Providing An Effective Date. (WEV)
Mayor introduces the issue.
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Nordstrom 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 #501 be considered after being read once by title only.
Nordstrom reads Ordinance #501 by title only. Seconded by Sedlacek. ALL AYE:
MOTION CARRIES.................
Nordstrom moves that Ordinance #501 be adopted. Seconded by Sedlacek.
Bastian: AYE; Sedlacek: AYE; Nordstrom: AYE: ALL AYE: MOTION
CARRIES......... ......... ......... ...... ......
10. UNFINISHED BUSINESS:
A. Lease purchase al!:reement with Ada County for Hill Road Property. (SKB)
Mayor introduces the issue.
City Attorney Bailey: Discusses the draft of the Lease Agreement with Ada County for the Hill
Road Property. The draft lease spreads the payment over four years. General discussion.
Council concurs to have the payment spread over the four years.
This will come back to the Council at the January 11, 2005 meeting.
Further general discussion.
11. REPORTS:
Mark Rabdau, Eagle Fire Department: Reports on the EMS being proposed by Ada County.
General discussion.
City Engineer Report: We turned over a set of the completed plans for the Eagle Road underpass
to lTD. They are going to evaluate the plan to see if they will pull it into their plan for Eagle
Road or if it should go into an Enhancement Project.
We are meeting with the Pathway Committee next week and we are going to finalize the Master
Plan map. General discussion.
City Attorney Report: Discussion on the ACHD Impact Fees Agreement to start collecting the
Impact Fees here at the City. Council would like the City Attorney's Office to get involved in
getting this agreement finalized.
City Clerk/Treasurer Report: A draft of the Park Survey that Jim Birdsall is working on with
Greg Smith has been completed. Mick, Facilities Manger, has reviewed the questions and the
proposed draft will be presented to the Parks Committee at their December 15, 2004 meeting.
The proposed draft will be before the Council at their January 11,2005 meeting. General
discussion.
Reports on the meeting held today with ZGA on the new RFP for the new city hall. A proposed
draft will be before the Council at their January 11,2005 meeting. General discussion.
The City's new AmeriCorps person is Sam Jones. Discussion Sam's qualifications and on the
projects that Sam is going to be working on.
Discussion the new calendar set up for the Council.
Zoning Administrator's Report: Discussion on annexation of Senora Creek Subdivision.
Funding has been approved for the ACHD Park n' Rides. They are ready to move forward with
the appraisal.
Discussion on the changes to the City's Private Streets ordinance.
Mayor and Council's Report:
Sedlacek: Reports on the Economic Development Committee. There is a new chairman.
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The Chamber has asked me for some help on a job description for a part-time person.
On July 18-23 the USGA girls golf tournament is going to be at Banbury Golf Course. There is a
potential of 30,000 people moving through the City. ESPN and NBC will be covering the event.
General discussion.
Bastian: Reports on the Library's Strategic Development Plan. This will be presented to the
Council sometime in May. They have received response back from the community survey.
I was sworn in on Thursday as a State Representative. Reports on a meeting that he attended
today in his new capacity. Discussion on putting on some workshop about the appropriate use of
land.
Nordstrom: No report.
Mayor: Reports on the Boise Economic Development Selection process.
hire a professional fundraising company.
Discussion on the Legislature and taxes.
Reports on Williamson and Idaho Concrete lawsuit and agreement.
Reports on the Emergency Management meeting.
Discussion on pathways.
The regular City Council meeting is next week, December 14, 2004.
They were trying to
11. ADJOURNMENT:
Discussion on presentation to the County on the Impact Area.
Sedlacek moves to adjourn. Seconded by Nordstrom. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 9:50 p.m.
Respectfully submitted:
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CITY CLERK/TREASURER
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Eagle City Council
Public Hearing Sign-up Sheet
Subject: A-7-04 & 1ZZ-12-04 — Annexation and Rezone from RR to A-R
December 7, 2004
7:30 p.m.
ADDRESS/
NAME TELEPHONE
` W wttFA-0100
TESTIFY
SUBJECT YES/NO? PRO/CON
N cic1`� iso �v I I 0-0AA
A A-rio•t-/2f zorr>�
Page 1 f 1
1 i 1COUNCII.IAGPNDA\CCSIGNUP WPD
Eagle City Council
Public Hearing Sign-up Sheet
Subject: Pronosed late fine increase for overdue library books and certain audio-visual items:
December 7, 2004
7:30 p.m.
NAME
ADDRESS/ TESTIFY
TELEPHONE SUBJECT YES/NO? PRO/CON
Page 1 f 1
H:ICOUNCIL\AGENDAICCSIGNUP. WPD
NAME
Eagle City Council
Public Hearing Sign-up Sheet
Subject: Proposed ordinance No. 488:
December 7, 2004
7:30 p.m.
ADDRESS/ TESTIFY
TELEPHONE SUBJECT YES/NO? PRO/CON
Page 1 f 1
H:I000NCILIAGENDA\CCSIGNUP. WPD
NAME
Eagle City Council
Public Hearing Sign-up Sheet
Subject: PP/FP-3-04 - Hill Creek Business Park Subdivision — David Guthrie:
December 7, 2004
7:30 p.m.
ADDRESS/ TESTIFY
TELEPHONE SUBJECT YES/NO? PRO/CON
Page 1 f 1
H:ICOUNCILIAGENDAICCSIGNUP. WPD