Minutes - 2005 - City Council - 02/22/2005 - Regular
OR 161 NAL
EAGLE CITY COUNCIL
Minutes
February 22, 2005
PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m.
REPORTS:
1. Ada County Prosecutors Office: Deputy Prosecutor, Ax Yewer, will give an update on
Eagle's current contract and give projected figures for next years contract amount. Ax
Yewer called and will be unable to attend the meeting tonight.
2. l~hO Power representative: Layne Dodson will discuss the proposed settlement
agree ent. Mark Patterson, Idaho Power Company, discusses the underground lines on
the d'stribution route and the distribution route in general. General discussion.
Discussion on the cost estimates and discussion on whether or not the City will pay the
estimated work order cost or the actual costs of burying the distribution line which costs
will not be determined until completion of the project.
3. City Attorney Report: A lot of my report will be on the LID portion of the regular
agenda. There is no decision on the Chase matter. We have been working with several
land use issue. I am asking for an Executive Session tonight. General discussion on
LID's. Discussion on Monroc issues.
4. City Clerk/Treasurer Report: The joint meeting with ACHD scheduled for March 1 sl
has been cancelled. Council would like to have a meeting with ACHD during Pre-
Council time on a regular agenda.
There are two appointments need on the Historical Commission so if you have any
recommendations give them to the Mayor.
Discussion on increase hours for the General Maintenance, full time and part time, for the
parks.
5. Zoning Administrator's Report: The Park n' Rides are going to be constructed this
year.
Discussion on the Prescott trailer issue.
6. City Engineer Report: Vern Brewer: Water Master Plan should be ready to get to you
at the next meeting.
I would like to talk to the City as I have concern on the amount of time we are spending
with developers in consultation about the current impact area and future impact area.
General discussion.
7. Mayor and Council's Report: Moved to the end of the Agenda
REGULAR COUNCIL AGENDA: 7:30 p.m.
1. CALL TO ORDER: Mayor calls the meeting to order at 7:35 p.m.
2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. Nordstrom
is absent. A quorum is present.
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENT: None
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Bastian moves to add to the Agenda as Item 51. Open Container Permit for L
Trefort dba Bacquets. Seconded by Sedlacek. 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 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 January 31, 2005.
C. Minutes of February 8, 2005
D. DR-31-03 - Buildine Wall Siens and Monument Sien for Kelly Moore
Paints - Kelly Moore Paints: Kelly Moore Paints, represented by
Douglas Smith with Sign Designs Inc., is requesting design review
approval to construct two non-illuminated building wall signs and to
change the face of the existing monument sign for Kelly Moore Paints.
The site is located on the southeast corner of East State Street and 1 sl
Street at 127 East State Street. (WEV)
E. DR-133-04 - Two Assisted Liyine Facilities - Ashley Manor Properties
LLC: Ashley Manor Properties LLC, represented by Roger Maim, is
requesting design review approval to construct two assisted living
facilities (one 3,934-square foot facility and one 4,850-square foot
facility). The site is located on the northeast corner of West State Street
and North Story Book Way. (WEV)
F. Findines of Fact and Conclusions of Law for DR-144-04 - Common
Area Landscapine within Rineo Ridee Sub. No 2 (previously Arbor
Ridee) - P&O Ventures: P&O Ventures, represented by Doug Patterson,
is requesting design review approval of the common area landscaping
within Ringo Ridge Subdivision No.2 (aka Arbor Ridge Subdivision). The
site is located on the north side of Hill Road approximately 800-feet west
of State Highway 55 (phase 2 is located east of phase 1 at the eastern
terminus of Sadie Drive). (WEV)
G. Findines of Fact and Conclusions of Law for A-4-04 & RZ-6-04 -
Annexation and Rezone - City of Eaele: The City of Eagle is proposing
a City-initiated annexation and rezone from R4 to R-3-DA (Residential
with development agreement) and PS-DA (Public/Semi-Public with
development agreement). The site is located on the east side of Linder
Road approximately 2,000-feet north of State Highway 44. (WEV)
H. Minutes of Februarv 17.2005.
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I. Open Container Permit for L Trefort dba Bacquets.
Sedlacek moves to remove Item 5H the minutes of February 17,2005 from the
Consent Agenda. Seconded by Bastian. ALL A YES: MOTION
CARRIES.................... ..
Guerber moves to approve the Consent Agenda as amended. Seconded by Sedlacek.
Bastian: AYE; Sedlacek: AYE; Guerber: AYE; Nordstrom: AYE: ALL AYES:
MOTION CARRIES...................
5H. Minutes of February 17.2005.
Mayor: Copies of these minutes were not in our packet for review.
Sedlacek moves to continue the minutes of February 17,2005 to the March 8,2005
City Council meeting. Seconded by Guerber. ALL A YES: MOTION
CARRIES...........
Bastian moves to amend the Agenda by moving Item #6 to Item #11 on the Agenda,
add as Item #12 an Executive Session and Adjournment will be Item #13. Seconded
by Sedlacek. ALL AYES: MOTION CARRIES.....................
6. PROCLAMATIONS & RESOLUTIONS: Moved to Item #11 on the Agenda.
A. Resolution No. 05-05: Authorizing the archiving of records.
B. Arbor Dav Proclamation: Declaring April 29, 2005 Arbor Day in the City of Eagle.
C. Girl Scout Proclamation: Declaring the week of March 6-12 as Girl Scout Week in
Eagle.
D. Resolution No. 05-06: Authorizing the destruction of temporary records.
7. UNFINISHED BUSINESS:
A. Review of request from Chaumont Homeowners Association to donate property
adjacent to the Hill Road Park Property. Mick McCurry
Mayor introduces the issue.
Mick McCurry, Facilities Manager, distributes a copy of the August 4,2003 letter from
Chaumont Homeowner's Association and discusses the Homeowner's Association's
donation of their common lot property adjacent to Hill Road Park. General discussion.
The Homeowner's Association is willing to donate the property to the City at this time.
The watering on this common area comes from their community water. There is a
sprinkler system in place. There is not a meter on the system. They are using the old
Hazel and Lee Elliot well for irrigation. This is one acre parcel of land. General
discussion.
Mick will check on where the water for irrigation of this property is actually coming
from.
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Guerber moves to express the City's willingness to accept the 1 acre of land from the
Chaumont Homeowner's Association and negotiate an appropriate agreement for
the provision of water to the site. Seconded by Sedlacek. ALL A YES: MOTION
CARRIES................
8. FINAL PLATS:
A. FPUD-I-O5 & FP-I-05 - Final Development Plan and Final Plat for Shadow
View (aka Shadow Ridee) PUD Subdivision - Hillview Development Corporation:
Hillview Development Corporation, represented by Land Consultants Inc., is requesting
final development plan and final plat approval for phase 2 of Shadow View Subdivision
PUD (also known as Shadow Ridge), a 52-lot (45-buildable, 7-common) residential
subdivision. This 14.6-acre phase of the Shadow Ridge Subdivision PUD is located on
the west side of Horseshoe Bend Road at 10943 through 11053 Horseshoe Bend
Road.(WEV)
Mayor introduces the issue.
Zoning Administrator Vaughan: Staff has recommended approval and is in compliance
with the Final Plat.
Mark Butler, representing the applicant, discusses fencing and lighting at the entrance.
General discussion.
Further Council discussion.
Richard Tomlinson, representing the applicant, discussion on the small lot in the
subdivision and if a house can be placed on the lot. General discussion.
Sedlacek moves to approve FPUD-I-05 & FP-I-05 - Final Development Plan and
Final Plat for Shadow View (aka Shadow Ridge) PUD Subdivision with all the
Standard and Site Specific Conditions of Approval. Seconded by Guerber. ALL
AYES: MOTION CARRIES......................
B. FP-IO-04 - Final Plat for Tanelerose Subdivision - Michael Homan: Michael
Homan, represented by Bailey Engineering, is requesting final plat approval for
Tanglerose Subdivision, a 24.1-acre, 13-lot (II-buildable, 2-common) residential
subdivision located on the south side of Beacon Light Road, approximately 1600 feet
west of North Eagle Road. (WEV)
Mayor introduces the issue.
Zoning Administrator Vaughan: The City Engineer and City Staff have recommend
approval. General discussion on the fire flow.
Each will have their individual wells on the property. Discussion on the fire flow. There
are also individual sewer systems.
Sedlacek moves to approve FP-IO-04 - Final Plat for Tanglerose Subdivision with
all of Staff recommendations. Seconded by Guerber. Discussion. ALL A YES:
MOTION CARRIES..................
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C. CP-I-05 - Condominium Plat for Lova Condominiums - Pete Lova: Pete Loya,
represented by Roylance & Associates P. A., is requesting approval for a 2-unit
condominium plat for Loya Condominiums. The site is located at 483 South Rivershore
Lane in the Channel Center Subdivision. (WEV)
Mayor introduces the issue.
Zoning Administrator Vaughan: The applicant has requested a Condominium Plat. Both
Staff and Planning and Zoning have recommended approval.
General Council discussion.
Pete Loya, applicant, provides Council an overview of the condominium design.
Bastian moves to approve CP-I-05 - Condominium Plat for Loya Condominiums.
Seconded by Sedlacek. ALL AYES: MOTION CARRIES.......................
9. PUBLIC HEARINGS:
A. CU-9-05 - Bank Facility With Drive Un Service - Svrinea Bank: Syringa Bank,
represented by CSHQA, is requesting conditional use approval to construct a bank facility
with three drive-up service lanes. The 1.04 acre site is generally located on the northwest
corner of State Highway 44 and north Horseshoe Bend Road in the Eagle Promenade
Shopping Center at 3172 East State Street. (WEV)
Mayor introduces the issue.
Tim March, CSHQA Architects, displays overheads and provides Council an overview of
the application. General discussion.
Zoning Administrator Vaughan: The Planning and Zoning has recommended approval.
Displays overheads and discusses the Design Review Board recommendations.
Discussion on the landscaping and signage.
Mayor opens the Public Hearing
Mayor closes the Public Hearing
Guerber moves to approve CU-9-05 - Bank Facility With Drive Up Service-
Syringa Bank as outlined in the Staff Report. Seconded by Sedlacek. Discussion.
ALL AYES: MOTION CARRIES..............
10. NEW BUSINESS:
A. Emereencv Manaeement Joint Powers Aereement: (NM)
Mayor introduces the issue.
Dough Hardman, Director Emergency Management, provides the Council an overview of
the Joint Powers Agreement and discusses the function of his position. General
discussion.
Sedlacek moves to approve the Emergency Management Joint Powers Agreement.
Discussion. Seconded by Bastian. Bastian: AYE; Sedlacek: AYE; Guerber: AYE:
ALL AYES: MOTION CARRIES.................
B. Discussion on LID's: (SEB)
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Mayor introduces the issue.
City Attorney Buxton: provides Council an overview ofIdaho statues on LID's. General
discussion.
C. Review and action on Idaho Power settlement stipulation. (NM)
Mayor introduces the issue.
Bastian moves to agree to select to pay Idaho Power the company estimated work
order cost not to exceed $266,000.00 including the engineering fees and refund any
portion of the contingency fee that is not used in the construction and direct the City
Attorney to accept this and attach the amended exhibit referencing the work to be
done. Seconded by Guerber. Discussion. Bastian: AYE; Sedlacek: AYE; Guerber:
AYE: ALL AYES: MOTION CARRIES..............
11. PROCLAMATIONS & RESOLUTIONS:
A. Resolution No. 05-05: Authorizing the archiving of records.
Mayor introduces the issue.
Sedlacek moves to continue Resolution No. 05-05 authorizing the archiving of
records and Resolution No. 05-06 Authorizing the destruction of temporary records
to the March 8, 2005 City Council meeting. Seconded by Guerber. ALL A YES:
MOTION CARRIES................................
B. Arbor Dav Proclamation: Declaring April 29, 2005 Arbor Day in the City of Eagle.
Mayor introduces the issue.
Bastian moves to approve the Arbor Day Proclamation declaring April 29, 2005
Arbor Day in the City of Eagle. Seconded by Guerber. ALL A YES: MOTION
CARRIES.............
C. Girl Scout Proclamation: Declaring the week of March 6-12 as Girl Scout Week in
Eagle.
Mayor introduces the issue.
Bastian moves to approve the Girl Scout Proclamation declaring the week of March
6-12 as Girl Scout Week in Eagle. Seconded by Guerber. ALL A YES: MOTION
CARRIES..............
D. Resolution No. 05-06: Authorizing the destruction of temporary records.
Continued to the March 8, 2005 City Council agenda by previous motion.
Mayor calls a recess at 9:00 p.m.
Mayor reconvenes the meeting at 9:05 p.m.
12. Executives Session - Pending and Threatened Litigation I.c. 67-2345(t).
Guerber moves to go into Executive Session for the discussion of pending and
threatened litigation. Seconded by Sedlacek. Bastian: AYE; Sedlacek: AYE;
Guerber: AYE: ALL AYES: MOTION CARRIES..................
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Council discusses pending and threatened litigation.
Council leaves Executive Session at 9:50 p.m.
Guerber moves to reconsider the Council decision at the February 17,2005 Council
meeting in regards to the ITD lawsuit. Seconded by Bastian. ALL A YES:
MOTION CARRIES.............
Guerber moves to instruct our attorney to begin preparing a Motion for a Stay of the
lawsuit with final action to take place prior to the March date for the briefing session and
action to be by Council on whether to file for the Stay or continue on with the lawsuit.
Seconded by Sedlacek. Discussion.
Guerber withdraws the motion.
Bastian moves to go into Executive Session for pending and threatened litigation.
Seconded by Sedlacek. Bastian: AYE; Sedlacek: AYE; Guerber: NAY: TWO
AYES: ONE NAY: MOTION CARRIES.....................
Council discusses pending and threatened litigation.
Council leaves Executive Session at 10: 1 0 p.m.
Bastian moves that the Council direct the appellants to the lawsuit to seek terms
under which the lawsuit with ITD can be dismissed without prejudice and seek a
right in right out intersection to the Highway 44 Bypass. Seconded by Guerber.
ALL AYES: MOTION CARRIES.....................
Mayor and Council Reports:
Guerber: reports on Air Quality. General discussion.
Bastian: Reports on the Design Review Board.
Discussion on a new facility for Eagle Police Department which could cost more for a
building lease under the City Contract. Council wants to know the details of the costs.
Deputy Newman is going to join the FBI special teams and we lose Deputy Joliffe. A
new deputy will start in August.
Discussion on the City paying for another Cops grant. Council would like to renew the
grant we already have.
Sedlacek: Economic Development Committee is going to meet this Thursday.
Discussion on the Bio- Tech meeting.
Next week some of the City staff is going to meet with the Lynn Moser, Eagle Sewer
District. General discussion.
SunCorp is having another public meeting on February 24th. General discussion.
Mayor: Reports on the meeting on Blue Print for Good Growth held today.
discussion. March 2nd is the next meeting. Further discussion.
Reports on the Computer Lab. It should be completed next week.
The Chess Club is working well.
General
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Reports on a meeting with Lloyd Laferty who sits on the Idaho Commerce and
Community Development. Discussion on applications. I am meeting with Lloyd and
Vern Brewer to explorer using grant funds for our water tanks.
Scott and I are going to meet with a couple members of the Sewer District. I met with
Michael Gifford and Jim Brooks yesterday and discussed the expansion of the impact
area.
Discussion on foothills development. Council reviews a draft letter to be sent out.
Council concurs to send the letter out.
Mick is setting up a meeting with Boise City on the Lakemoor park.
13. ADJOURNMENT:
Guerber moves to adjourn. Seconded by Bastian. ALL AYE: MOTION
CARRIES...
Hearing no further business, the Council meeting adjourned at 10: 50 p.m.
Respectfully submitted:
APPROVED:
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SHAR N K. BERGMANN
CITY CLERK/TREASURER
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