Minutes - 2005 - City Council - 04/26/2005 - Regular
OR\GINAL
EAGLE CITY COUNCIL
Minutes
April 26, 2005
PRE-COUNCIL AGENDA: 5:30 p.m. - 7:30 p.m.
ROLL CALL: Mayor Merrill calls the Pre-Council to order at 5:30 p.m.
ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. All present. A quorum
is present.
A. Site visit to the Eagle First Baptist Church site located on the north side of East State Street
approximately 300-feet east of 2nd Street at 350 East State Street.
Mayor introduces the issue and provides Council some history and overview of the need for a
site visit and discusses what the issues are. General discussion.
Mayor and City Council, Zoning Administrator Vaughan and City Attorney Buxton went on the
site visit at 5:35 p.m. Met Joann Butler and representatives from the Eagle First Baptist Church
outside of City Hall.
Site visit concluded at 6:00 p.m.
Mayor we have this on our regular agenda for action.
City Attorney Buxton: I think that the discussion at this time needs to be limited to just the site
visit.
Joann Butler: Discusses the areas and issues reviewed on the site visit. General discussion.
B. Presentation by Ax Yewer with Ada County Prosceutor's Office to discuss contract for
2005/2006. Ax Yewer: Distributes a handout to the Council entitled History of Prosecution
Agreements and discusses the same with the Council. For next fiscal year 05/06 we are going to
be asking for $18,000.00 a year. General discussion.
Mayor calls a recess at 6: 15 p.m.
Mayor reconvenes the meeting at 6:30 p.m.
C. Presentation by Idaho Power on long range plan for infrastructure in Eagle area. Layne
Dodson. Provides Council an update on the construction of the distribution lines. This will start
in Star. In the next couple of weeks you will see some activity in the Eagle Downtown area. We
have a couple of easements left to get. We will try to avoid activity during Eagle Fun Days.
General discussion.
Discussion on long range activities and plans. Discussion on providing services to planned
communities. Layne distributes maps and photos to the Council and discusses the same.
Discussion on the 75 year plan. General discussion.
D. Open discussion regarding protest against Suncor water application and withdrawal of same
protest by City of Eagle.
Mayor introduces the issue.
Rod Davidson, 1541 E. Feather Nest, my main concern is a lack a transparency on the decision to
withdraw the protest on Suncor. I would like the City Attorney to explain this. For 4 months
there was never a reference in the minutes in regards to the withdrawal of the protest on Suncor.
General discussion.
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City Attorney Buxton: I discussed this with Bruce and we had a deadline to meet. The Suncor
application was in the paper and was brought to our attention and we did not have time to bring
this to the Council. This was not done in Executive Session. We have an ethical duty on behalf
of the City not to take action that would be frivolous. Our firm investigated the Suncor
application and felt that we did not have legal grounds to continue. Bruce is ill and was not able
to attend tonight. Bruce believes that the report on withdrawing the protest was done in a report
at a meeting in December 2004 when several other protests and issues were discussed. Bruce has
had a discussion with Mr. Davidson and Mr. Davidson did not indicate that he was damaged in
any way by the withdrawal of the Suncor application. General discussion.
(7:05 p.m. City Clerk noticed that the tape was not recording and corrected same)
Rod Davidson: I would like the meeting to show me where I would have to show personal
damage.
City Attorney Buxton: There are several case in Idaho Law that cover that issue.
Rod Davidson: Discusses the Suncor application. General discussion.
Mayor calls a recess at 7:35 p.m.
REGULAR COUNCIL AGENDA: 7:30 p.m.
1. CALL TO ORDER: Mayor Merrill calls the meeting to order at 7:40 p.m.
2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. All present. 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 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 March 24, 2005.
C. Minutes of April 12, 2005.
D. Minutes of April 19, 2005.
E. Alcohol license renewal: Hilton Garden Inn, Banbury Golf Club, Roadhouse
BBQ, Justo's, Smoky Mountain Pizza & Pasta, Treasure Valley Chevron, Sakura
Sushi, daVinci's, Ginger Thai, North Channel Chevron, Eagle Rib Shack, The
Cellars Restaurant, Jackson's Food Stores and Eagle Hills Golf Course are
requesting the renewal of their alcohol licenses for 2005/2006. Those listed
above have submitted appropriate fees and documentation, and there has been no
change to the manner in which they are conducting business. Council approval
includes those submitting appropriate fees and documentation thru April 30,
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2005, that have no change to the manner in which they were previously
conducting business. (SKB)
F. Findines of Fact and Conclusions of Law for CPA-3-05 & RZ-3-05
Comprehensive Plan Text Amendment From One-Unit Per Acre to Two-
Units Per Acre. Rezone With Development Aereement From A to R-I-DA
& R-3-DA Hillview Development Corporation: Hillview Development
Corporation, represented by Land Consultants Inc., is requesting a
Comprehensive Plan text amendment from I-unit per acre to two-units per acre,
a rezone from A (Agricultural) to R-I-DA (Residential - up to I-unit per acre
with development agreement) and R-3-DA (Residential- up to 3-units per acre
with development agreement) for an overall density of 1.99 units to the acre.
The 47 .8-acre site is located approximately one-quarter mile east of Ballantyne
Lane on the south side of Floating Feather Road at ISO 1 and 160 I West Floating
Feather Road.
G. Findines of Fact and Conclusions of Law for PP- 7-04 - Symphony
Subdivision - Park Hampton LLC: Park Hampton LLC is requesting
preliminary plat approval for Symphony Subdivision, a 24-lot (2-residential, 18-
commercial, 4-common) commercial/residential subdivision. The 16.05-acre
development is generally located at the northeast corner of State Highway 44 and
Park Lane. (WEV)
H. Findines of Fact and Conclusions of Law for CPA-I-04 & RZ-2-03 MOD-
Comprehensive Plan Amendment from Residential Two to Mixed Use and
Rezone from RUT and A-R to MU-DA - 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 and 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 9.31-acres of the overall I 17-acre Laguna Pointe PUD site. 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 9.31-acre portion of the approximately 117-acre site. (WEV)
1. Minutes of April 11, 2005 meeting.
J. Open Container permit: The Winery at Eagle Knoll is requesting an open
container permit for April 28, 2005 from 6:00 p.m. until 9:00 p.m. to be used at
Rembrandt's (93 S. Eagle Rd). (SKB)
K. Open Container permit: The Winery at Eagle Knoll is requesting an open
container permit for April 28, 2005 from 6:00 p.m. until 9:00 p.m. to be used at
Wild West Bakery & Espresso (83 E. State St.). (SKB)
L. Idaho Power Aereement: Easement - The City of Eaele erants and conveys
to Idaho Power Company a permanent and perpetual easement and rieht-
of-way. sufficient in width to install and maintain an undereround electric
power line and related facilities.
Bastian moves to add the Idaho Power Agreement: Easement to the Consent Agenda as
Item #L. Seconded by Guerber. ALL AYES: MOTION CARRIES.....................
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Bastian moves to approve the Consent Agenda as amended. Seconded by Sedlacek.
Bastian: AYE; Sedlacek: AYE; Guerber: AYE; Nordstrom: AYE: ALL AYES: MOTION
CARRIES... ................
Bastian moves to amend the Agenda by moving Item #8B. DR-44-02 MOD - Multi Phased
Project for Eagle First Baptist Church - Eagle First Baptist Church to be heard as the next
item on the Agenda. Seconded by Sedlacek. ALL AYES: MOTION CARRIES............
8B. DR-44-02 MOD - Multi Phased Project for Eaele First Baptist Church - Eaele First
Baptist Church: The Eagle First Baptist Church, represented by Joann Butler with Spink
Butler, LLC, is requesting design review approval for the removal of site specific conditions of
approval number 1 and 7 associated with a multi phased project to include constructing a 7,650-
square foot church facility, remodeling the existing 2,400-square foot shop building with a 450-
square foot building addition, and relocating and changing the use of the existing 1,986-square
foot residential home into an office and classroom facility. The site is located on the north side
of East State Street approximately 300-feet east of 2nd Street at 350 East State Street. (WEV)
Mayor introduces the issue.
Guerber: I'm going to remove myself from discussion because of my past relationship with the
First Baptist Church.
Council Member Guerber steps down and joins the audience.
Zoning Administrator Vaughn: Displays an overhead of the site plan and discusses the same.
Provides an overview of the application and the site specific conditions of approval are requested
to be removed.
Joann Butler, legal counsel representing the applicants, discusses the overhead of the site plan
and discusses the site specific conditions of approval # 1 and #7 that are requested being
removed. Discussion on Phase I and Phase 2. General discussion.
Norman Revels, Pastor First Baptist Church of Eagle, discusses the time line for Phase 1,2 and
3. Phase 2 and 3 timeline would depend on when funds become available. General discussion.
Joann Butler, continued discussion on the timeline for the phase and the site specific conditions
of approval. Discussion on the contribution to the tree fund. General discussion.
Zoning Administrator Vaughan: in the event you approve this tonight I would provide the
Findings of Fact and Conclusions of Law at the May 10,2005 City Council meeting and within
that 2 weeks we can work with the applicants' architect to receive the revised plan to incorporate
into our building plans and when you approve the Findings on May 10, 2005 the City could then
move forward to issuing a building permit. General discussion.
General discussion on the open area that is being proposed for public use as to the maintenance
and uses.
Further general discussion on Phase 1 and if funds are appropriated to complete Phase I and why
it would take 12-18 months.
General discussion on the Eagle City Tree Program.
General Council discussion.
Bastian moves to approve DR-44-02 MOD - Multi Phased Project for Eagle First Baptist
Church with the following Site Specific Conditions: modify Site Specific Condition #3 to
read: in the 2nd sentence-the revised landscape plan showing the caliper inches to be
replaced as determined by the City Forester or a monetary amount to the Tree Fund and
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etc.; new Site Specific #13-the applicant shall meet all city parking requirements; new Site
Specific #14-the development of the land designated as future development area shall be
determined by a formal agree signed by the City of Eagle and the First Baptist Church;
Site Specific Condition #15-the area next to the Arboretum shall be contoured and
developed with a minimum of grass during the 1 sl phase of construction and fully
developed during the 2nd phase of construction. Seconded by Sedlacek. Discussion.
Bastian amends the motion to add: Site Specific #16-that sewer hookup be required for any
addition to the existing facility. Seconded concurs. Further discussion. The whole motion
is in modification of those Site Specific Conditions of Approval as provided by the
applicant tonight. Further discussion. Bastian amends the motion to add in Site Specific
#16-central sewer and water; Second concurs. Further discussion. Bastian amends the
motion to add: The fence will be removed during the first phase. Second concurs. Further
discussion. Bastian amends the motion to add that the agreement with the City of Eagle
and the First Baptist Church be completed by July 15, 2005. Second concurs. TWO
AYES: ONE NAY: MOTION CARRIES............
6. PROCLAMATIONS & RESOLUTIONS: None
7. FINAL PLATS:
A. FPUD-2-05 & FP-3-05 - Final Development Plan and Final Plat for Banbury Meadows
PUD Subdivision No.7 - Banbury Meadows LLC. Banbury Meadows, LLC, represented by
Johnson Engineering, is requesting final development plan and final plat approval for Banbury
Meadows Subdivision Phase 7, a 73-lot (70-buildable, 3-common) residential subdivision. This
20.87-acre (approx.) phase of Banbury Meadows PUD is located on the west side of Eagle Road
approximately Y2-mile north of Chinden Blvd. The site is within the Eagle City Limits. (WEV)
Mayor introduces the issue.
Zoning Administrator Vaughan: Displays overheads of the development and provides Council
an overview of the project. Planning & Zoning Commission and Staff have recommended
approval.
Dick Phillips, applicant, I agree with the Staff report. We have a landmark facility in Eagle.
This is going to be nice quality and a credit to the community.
Guerber moves to approve FPUD-2-05 & FP-3-05 - Final Development Plan and Final Plat
for Banbury Meadows PUD Subdivision No.7 - Banbury Meadows LLc. Seconded by
Bastian. Discussion. ALL AYES: MOTION CARRIES...................
B. FP-2-05 - Final Plat for Copperfield Subdivision - John Evans: John Evans is requesting
final plat approval for Copperfield Subdivision, a 23.5-acre, 35-lot (3 I-buildable, 4-common)
residential subdivision located on the east side of Linder Road approximately 1I8-mile south of
Floating Feather Road. (WEV)
Mayor introduces the issue.
John Evans, applicant, provides Council a history of the project and displays a site plan. I agree
with the Site Specific Conditions of approval and I very much appreciate your planning staff and
the efforts they put in on this project. Discussion on Drainage District No.2 and the pressurized
irrigation.
Bastian moves to approve FP-2-05 - Final Plat for Copperfield Subdivision with all Site
Specific and Standard Conditions of Approval. Seconded by Nordstrom. ALL AYES:
MOTION CARRIES..............
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8. NEW BUSINESS:
A. Review and action on an application for Liquor and Beer License submitted bv Michael
McGunness. Mr. McGuinness is requesting Council approval of a Liquor and Beer license for a
bar to be located at190 E. State Street. The City Clerk is recommending denial of the
application. This item was continued/rom the March 22, 2005 meeting. (SKB)
Mayor introduces the issue.
City Attorney Buxton: I would like to ask Mr. Donesley to come to the podium and explain
today's letter to you and what is happening.
Brian Donesley, representing Michael McGuinness, Mike is an applicant for an Eagle City
Liquor License. Distributes a handout to the City and provides the Council an overview of Mr.
McGuinness's application. We have been working on this application for over a year.
Discussion on the state liquor laws. General discussion. As of Monday the State has given us 30
days to hang this license.
Council wants to know where this license is going to be permanently placed.
Brian Donesley: We are going to place this license at Casa Mexico. We will have the license
placed here for two years and at the end of two years Casa Mexico will have the opportunity to
purchase the license. If they don't want to purchase the license then Mr. McGuinness will
develop a quality project in the City of Eagle. General discussion. A copy of the letter to Casa
Mexico by Mark Guho is distributed to Council.
City Attorney: Mr. Donesley is suggesting that the current application be withdrawn and a new
application be submitted for Casa Mexico.
Mr. Donesley: Yes we want to withdraw the current application.
Guerber moves to accept the withdrawal of the current application. Seconded by Bastian.
Discussion. ALL AYES: MOTION CARRIES...................
B. DR-44-02 MOD - Multi Phased Project for Eaele First Baptist Church - Eaele First
Baptist Church: The Eagle First Baptist Church, represented by Joann Butler with Spink
Butler, LLC, is requesting design review approval for the removal of site specific conditions of
approval number 1 and 7 associated with a multi phased project to include constructing a 7,650-
square foot church facility, remodeling the existing 2,400-square foot shop building with a 450-
square foot building addition, and relocating and changing the use of the existing 1,986-square
foot residential home into an office and classroom facility. The site is located on the north side
of East State Street approximately 300-feet east of 2nd Street at 350 East State Street. (WEV)
This item moved to the beginning of the Agenda by Council motion.
C. 05-03-CU/05-04-MSP - Conditional Use Permit and Master Site Plan For A Church
Facility - West Valley Baptist Church: West Valley Baptist Church, represented by Royce
Shoemate is requesting the approval of a conditional use permit and master site plan to construct
a 7,776-square foot (approximate) church facility with a 50-foot high cross. The 5.78-acre site is
located approximately lOOO-feet east of Park Lane at 3633 West Floating Feather Road. This
site is located in the Eagle Area of Impact. (WEV)
Mayor introduces the issue.
James Gipson, project architect and representing the application this evening, this project is
located in the Eagle Area ofImpact. Provides Council an overview of the application. We don't
have any argument with the conditions. Discussion on the height of the steeple.
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Zoning Administrator Vaughan: I have nothing to add.
Nordstrom moves to approve 05-03-CU/05-04-MSP - Conditional Use Permit and Master
Site Plan For A Church Facility - West Valley Baptist Church as presented with all Site
Specific Conditions of Approval. Seconded by Guerber. Discussion. ALL AYES:
MOTION CARRIES....................
D. DR-07-05 - Eaele Elementarv School Parkine Lot - Meridian Joint School District No.
2: Meridian Joint School District No.2, represented by Doug Russell with the Land Group, is
requesting design review approval for a new parking lot to be constructed adjacent to the existing
lower campus at 323,365 and 395 North Eagle Road. The applicant is requesting the Council
review their action taken at the April]2, 2005 meeting.
Mayor introduces the issue.
Zoning Administrator Vaughan: I placed this on the agenda this evening so Doug Russell, The
Land Group, can address you on one issue and you could provide a clarification action.
Doug Russell, The Land Group, representing the applicant, I was surprised when I got the
Findings from the Council meeting in the mail and had not been notified, there is one item that
we want to discussion with you and its Item #8 dealing with utility poles. Provides Council a
brief history on the site. There used to be three houses on the site and there were two utility
poles. When we demolished the homes we completely eliminated the need for one utility pole
and whenever we construct the parking lot this pole will go away. However, the other utility
pole, although it was disconnected from the home that sat in the location, there is also a
telephone line that comes across Eagle Road to another utility pole and then comes across to the
school building, thereby servicing the school building which is on a separate parcel of ground.
We are not going to be doing any improvements on the existing school site, we are only going to
be providing access into this new parking lot and drop area. We are going to be required to cut
Eagle Road, the existing sidewalk, the existing parking, and the existing sidewalk that is around
the building in order to get this one little phone line in. I was hoping that we could eliminate
Item #8 and not be required to put this utility under ground. General discussion.
City Attorney Buxton: Site Specific Condition of Approval #8 treats this as a Council review and
not reconsideration.
Further discussion.
Bastian: After reviewing all of the options I move that the City Council accept the current
option of a pole at the street and a pole at the parking lot to connect the telephone utility to
the school. Seconded by Sedlacek. Discussion. THREE AYES: ONE NAY: MOTION
CARRIES........ ..
Further Council discussion.
Mayor calls a recess at 9:30 p.m.
Mayor reconvenes the meeting at 9:45 p.m.
9. PUBLIC HEARINGS:
A. PP/FP-I-05 - Rockv Mountain BusinessPark Subdivision - Dave Evans Construction:
Dave Evans Construction, represented by Tim Mokwa with Toothman-Orton Engineering, is
requesting combined preliminary plat and final plat approval for Rocky Mountain Business Park
Subdivision No.3 (a re-subdivision of Lot 5, Block 3, of Merrill Subdivision No. I, Lots 6, 7,
and 8, Block 3, of Merrill Subdivision No.2, formally known as Rocky Mountain Business
Park). The 4.3-acre, 10-lot (9-buildable, I-common) commercial subdivision is located at 1189
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& 1267 East Iron Eagle Drive within the Rocky Mountain Business Park. (WEV)
Mayor introduces the issue.
Tim Mokwa, Toothman-Orton Engineering, displays an overhead and provides Council an
overview of the application. I have no problem with Conditions of Approval except for #9.
Discussion on the drainage. Discussion on the sewer service. Discussion on the look of the
buildings.
Zoning Administrator Vaughan: Discussion on Item #9 and I would recommend supporting his
proposal because this is a commercial development because the City Engineer will be reviewing
the drainage.
Mayor opens the Public Hearing.
Mayor closes the Public Hearing.
Bastian moves to approve PP/FP-I-05-Rocky Mountain Business Park Subdivision
with the removal of Site Specific Condition #9. Seconded by Sedlacek. ALL AYES:
MOTION CARRIES...................
B. PP.3-05 Lakemoor Subdivision BW Eaele. LLC.: BW Eagle, LLC, represented by Dan
Torfin, is requesting preliminary plat approval for Lakemoor Subdivision. The I 78.52-acre, 240-
lot (142-residential, 53-commercial, 45-common) subdivision is located on the east side of Eagle
Road approximately 1000-feet north of Chinden Boulevard. (WEV) This item is being continued
to the May] 0, 2005 meeting per the applicant's request.
Mayor introduces the issue.
Guerber moves to continue PP-3-05 Lakemoor Subdivision BW Eagle, LLC to the May 10,
2005 City Council meeting. Seconded by Sedlacek. ALL AYES: MOTION CARRIES......
10. UNFINISHED BUSINESS:
A. Hawkins-Smith: Lease aereement for new City Hall. (SEB)
Mayor introduces the issue.
City Attorney Buxton: Discusses the proposed lease agreements. General discussion on the
Office Lease and Exhibit D-Purchase Option Schedule. General discussion on the Ground
Lease.
Bastian moves to continue the Lease Agreement for new City Hall to the May 10,2005 City
Council meeting unless it is concluded sooner and a Special Meeting will be called.
Seconded by Nordstrom. ALL AYES: MOTION CARRIES....................
B. Review and discussion of proposed ordinance no. 514 pertainine to Idaho Power
franchise fees. (SEB)
Mayor introduces the issue.
City Attorney: I would like Council to do a first reading on this ordinance.
Nordstrom moves to have a first reading by title only on Ordinance No. 514. Nordstrom
reads Ordinance No. 514 by title only. Seconded by Guerber. ALL AYES: MOTION
CARRIES...... ..... ......
C. Ordinance No. 493: (Westover Subdivision): An Ordinance Changing The Zoning
Classification Of The Real Property Described Herein From A-R (Agricultural-Residential)
Classification To R-2 (Residential) Classification; Amending The Zoning Map Of The City Of
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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 #493 be considered after being read once by title only. Sedlacek
reads Ordinance #493 by title only. Seconded by Nordstrom.
ALL AYES: MOTION CARRIES.................
Sedlacek moves that Ordinance #493 be adopted. Seconded by Nordstrom.
Bastian: AYE; Sedlacek: AYE; Guerber: AYE: Nordstrom: AYE: ALL AYES: MOTION
CARRIES...................................
D. Ordinance No. 495 (Ponv 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.
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 #495 be considered after being read once by title only. Sedlacek
reads Ordinance #495 by title only. Seconded by Bastian. ALL AYES: MOTION
CARRIES.................
Sedlacek moves that Ordinance #495 be adopted. Seconded by Bastian. Bastian: AYE;
Sedlacek: AYE; Guerber: AYE: Nordstrom: AYE: ALL AYES: MOTION
CARRIES...................................
E. Ordinance No. 512 (Venice 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.
Guerber 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 #512 be considered after being read once by title only. Guerber
reads Ordinance #512 by title only. Seconded by Sedlacek. ALL AYES: MOTION
CARRIES.................
Guerber moves that Ordinance #512 be adopted. Seconded by Sedlacek. Bastian: AYE;
Sedlacek: AYE; Guerber: AYE: Nordstrom: AYE: ALL AYES: MOTION
CARRIES...................................
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11. EXECUTIVE SESSION:
A. Pending or threatened litigation: 1.C. §67-2345(f)
Sedlacek moves to go into Executive Session for the discussion of pending or threatened
litigation. Seconded by Bastian. Bastian: AYE; Sedlacek: AYE; Guerber: AYE:
Nordstrom: AYE: ALL AYES: MOTION CARRIES...................................
Council discusses pending or threatened litigation.
Council leaves Executive Session at 10:50 p.m.
Sedlacek moves to direct the City Attorney in conjunction with our Zoning Administrator
to draft a letter to Old Castle and Idaho Concrete address their nonconforming use, lack of
a boiler permit and the status of their conditional use permit. Seconded by Guerber. ALL
AYES: MOTION CARRIES..............
12. REPORTS:
City Engineer Report: No report
City Attorney Report: I have met with Dana to update our graffiti ordinance. We have some
drafts and we hope to bring it before you the last meeting of May.
Zoning Administrator Report: Can we waive the fees to the Eagle Sewer District for their
Conditional Use Permit Application for their facility. General discussion. Council concurs to
waive the fees.
City Clerk/Treasurer Report: Distributes location maps for the ensign valve at Hill Road Park.
General discussion. Council concurs to this location at Hill Road Park.
There is $25,000 in the budget for utilities/mtnc/repair for the new city hall that we won't need
for this fiscal year so the cost for the installation of the ensign valve can come out of these funds.
Council concurs.
The question has come up on the new city hall as to hiring a sound consultant to analyze the
council chambers, the cost would be between $400.00-$600.00. Council concurs to have this
done.
Discussion on outside security cameras. Council concurs that these are needed and the cameras
should be digital.
Mayor and Council's Report:
Nordstrom: Reports on the conference in Sun Valley. Discussed the regional airport with the
Mayor of Emmett.
Guerber: Reports on the conference in Sun Valley.
Tomorrow is the Hill Road Park Dedication at 4:00 p.m.
Discussion on the old Chevron Station.
Bastian: No report
Sedlacek: June 28th I won't be in town.
The Seniors have a problem with the mud hole left after the construction on Idaho Street.
The Eagle Sewer District is moving forward on looking at being able to manage the City Water
System. General discussion. Council concurs to have the Sewer District move forward.
It has come up at the Economic Development Committee meeting as to how much public parking
spaces there are in the City of Eagle. General discussion.
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Mayor: I meet with Sheri and Linda Goldman on finding a place to have the fireworks for the 4th
of July. We can't have the fireworks at Merrill Park because of the increased development. We
are working on having them at Eagle High School. Discussion on Eagle Island.
Discussion on the purchase of new City vehicle. You say the check to Peterson Stampede in the
claims tonight.
I have a meeting with Ada County Commissioner Yzaguirre in the morning. We met with Susan
Wildwood on the Committee of Nine this afternoon. General discussion.
General discussion on the proposed requests for annexation.
Next Tuesday I will be meeting with representatives from the Niklaus Corporation.
Discussion on the Compass Executive Session tomorrow.
Discussion on the conflicts with the City of Star and the fact that Eagle's City Attorney's Office
also represents the City of Star.
Bastian: Bob with Suncor called on Thursday and wanted to know what was happening in the
foothills area and if there was progress being made on annexation.
General discussion on future development.
13. ADJOURNMENT:
Sedlacek moves to adjourn. Seconded by Guerber. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at II :55 p.m.
Respectfully submitted:
JLQ~ ~ 't-& ~--J
-SHAR NK.BERGMANN
CITY CLERK/TREASURER
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IMO
LPOIIV�t®
An IDACORP Company
Easement—Organization
(Underground)
CITY OF EAGLE, a Municipality formed under the laws of the State of Idaho Grantor(s) of ADA County,
State of Idaho , does hereby grant and convey to IDAHO POWER COMPANY, an organization with its principal office located
at 1221 Idaho Street, Boise, Idaho, its licensees, successors and assigns, Grantee, for One Dollar and other valuable considerations, receipt of which is
hereby acknowledged, a permanent and perpetual easement and right-of-way, sufficient in width to install and maintain: an underground electric power
line and related facilities, including, but not limited to, above -ground pad -mounted transformers, with the right to permit the use of cables and conduits
of other parties (collectively, the "facilities"), including the perpetual right of ingress and egress, at all reasonable times, to construct, maintain, and
repair the facilities over, through, under, and across said lands, together with the right, at the sole expense of Grantee, to excavate and refill ditches and
trenches for the location of the facilities, and the further right to remove trees, bushes, sod, flowers, shrubbery, and other obstructions and
improvements, interfering with the location, construction, and maintenance of the facilities, over, on, and across the following premises, belonging to
the said Grantor(s) in ADA County, State of Idaho , in the following location, to -wit
SEE EXHIBIT "A and B"
Attached Hereto
The facilities generally will consist of buried power wires, above -ground pad -mounted transformers, junction boxes, cables and conduits, and other
equipment, part of which may extend above ground.
Executed and delivered this e otk day of jilt
Work Order #: 27104223.01
Signature(s) of Grantor(s) (Include title where applicable):
STATE OF _VA a 1-0
County of IC4 ft C<
}ss.
For Count
r Re00r3e slise
I, Sha rte, k (S.e r.9 vh kn n , (Notary's Name) a notary public, do hereby certify that on this,2t M day of fr , I ,
20 D 5, personally appeared11C C (We r r; I! Ct 0 r . 0; 1` 04 5G 4% (Individual's Name
Hall before me !1 n C u , � c•� r...
t
including title after each name) who, being by me first duly sworn, declared they are respectively the duly authorized persons of .-G, a- '
___ted_aal
that he / she / they executed the same as the
(Organization Name), that he / she / they signed the foregoing document, and acknowledged to me
d deed on behalf of said organization.
k
tary Public
m
Residing at
Commission expires
ROW 002c (9103) Refer to the attached shee - ' ` ' ' ' ctions on how to notarize easements. CP
Description for an Easement
City of Eagle
A ten foot wide easement across a parcel situate in the southwest quarter
of the southwest quarter of Section 9, Township 4 North Range 1 East of
the Boise Meridian, Ada County, Idaho. Said parcel is a portion of the
southeasterly ten feet of Lot 5 in Block 1 of Gleneagles Subdivision, Book
77 of Plats at Page 8066, records of said County. The centerline of said
easement is more particularly described as follows, to wit:
Commencing at the southeast corner of said Lot 5;
Thence N 1°02'37"E a distance of 5.03 feet to the Real Point of Beginning;
Thence on the center of a ten foot wide strip, five feet on each side of the
following line S84°25'37"W a distance of 521.0 feet;
Thence S53°04'W a distance of 9.6 feet to a point on the southeasterly
line of said Lot 5 and the end of the easement.
March 17, 2005
•
•
attar
V
TOWNSITE OF EAGLE
4
3
a
4
moor t
GLENEAGLES SUBDIVISION
Book 77 at Page 8088
ssr---1
larar4FT
10:451
.7.-17.Br *rover
PAVILION SUBDMSION
Exhibit "B"
Heber
IhmerOmp• firo prig. Maio" ••• 0.•
Maws ••••••••••• RP... Maa
IIIMMOVIMM 10 OM hm•Pile.
rare swots, eiNtinvio..
'tapered Ifg
MVP & SIM AC
EN&WEVIS & StaglINS
327 IL 27th SI SW" 83702
Phone 20110-300-0671
1
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The applicant agrees-ts denatc the I plan, date stamped -by the City -en
n of Idah 'eh sen ' i c ctrip on -this
- :. _ - • _ _ - _ - - - d to the City
Tisa nd _hall be
[DELETED AND REPLACED AS FOLLOWS:
Prior to the issuance of a building permit for the second phase, the applicant agrees to
work with the City to define the lease terms under which the north portion of the site
(labeled as "Future Development Area" and labeled as "Pedestrian Path, Emergency
Vehicle Access and Turnaround: on the April, 2005 site plan) will be available for public
use. The building permit for the first phase shall be issued immediately following the
adoption of these Site Specific Conditions of Approval. The first phase includes the foyer
and restrooms attached to the existing sanctuary, the parking lot and the landscaping and
sidewalk along State Street as shown on the April, 2005 site plan.]
2. All future building additions to the office and classroom facilities shall be reviewed and approved
by the Design Review Board prior to the City accepting any building permits for the second phase
of the church facility or office and classroom building addition. The second phase includes the
office and classroom facilities.
3. Prior to the second phase, provide a revised landscape plan showing the additfen of ended
' • - • es en cite er provide a monetary amcurit of 88,850.90te-tie
City Tree -Fund. The revised landscape plan showing the caliper inches or a monetary amount to
the City Tree Fund shall be reviewed and approved by staff and one member of the Design
Review Board or the money submitted to the City prior to the City issuing a
thio -site building permit for the second phase.
4. Prior to the second phase, provide a revised landscape plan showing the same number of man
doors that concur with the elevation plans. The revised landscape plan shall be reviewed and
approved by staff prior to the City issuing a zoning-certificats-her this citebuilding permit for the
second phase.
5. Pre%
expansions a minim uth of the -north prefer± irimum of -a -twenty
feet ids Iandcs ry er celid fence -abutting -the -north prcar4y-line:.
The -revised citc and la r-eviewed-ancl-appFevecl-by staff and one mamber
of the Dein Review• -Beard prier te-the City issoinga zoning cortificate-for Chic cite.
[DELETED BECAUSE THERE WILL BE NO STRUCTURES ABUTTING THE RESIDENTIAL AREA TO
THE NORTH.]
6. Work with the City of Eagle to continue the five foot (51) wide sidewalk located within the
Arboretum at the Senior Center immediately west of the property to the proposed sidewalk on
State Street.
7
mere to the east. Tho
1
C:1Documents and Settings\bvaughan\Local Settings\Temporary Internet Files\OLK5\conditions of approval.doc
4/26/2005
ecerder's office prier to the City -i ning
[DELETED BECAUSE OF THE ADDITION OF REPLACEMENT CONDITION OF APPROVAL NO. 1.]
8. pre ' 'ng style,
e.). The detailed eut ch
staff prior to the City -issuing -awing eoFti#isatc fer thic cite:
[DELETED BECAUSE THIS CONDITION HAS BEEN COMPLETED.]
2: Submit payment to the Cil Engineering fees i t prior to
issuance of a building -permit:
[DELETED BECAUSE THESE FEES HAVE PREVIOUSLY BEEN PAID.]
10. Th c ocmpl ' - -
y Engineer (i.o.: drainago).
-- ------ - e.... e
[DELETED BECAUSE THIS CONDITION HAS BEEN COMPLETED WITH THE APPROVAL OF THE
SITE PLAN BY THE CITY ENGINEER.]
11. Submit pa
issuance of a building -permit:
[DELETED BECAUSE THESE FEES HAVE PREVIOUSLY BEEN PAID.]
12. No signs are proposed with this application. A separate design review application is required for
the approval of any signs prior to the City issuing a building permit
for the second phase.
2
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4/26/2005
(1C 625
History
History of Prosecution Agreements
2005-2006
Contract Total
Total Billable Amount by Attys @ Hrly Rate
% of Contract Total
Hourly Rate
2004-2005
Contract Total
Total Billable Amount by Attys @ Hrly Rate
% of Contract Total
Hourly Rate
2003-2004
Contract Total
Total Billable Amount by Attys @ Hrly Rate
% of Contract Total
Hourly Rate
2002-2003
Contract Total
Total Billable Amount by Attys @ Hrly Rate
% of Contract Total
Hourly Rate
2001-2002
Contract Total
Total Billable Amount by Attys @ Hrly Rate
% of Contract Total
25 City
Eagle
$18,000
$27,500***
66%
$100/hr
$14,000
32,000
43 %
$95/hr
$12,000
23,468
51%
$90/hr
$12,000
$21,200
56%
$90/hr
$2,400
N/A
N/A
$90/hr
*** Projected full year amount based on actual time expended 151 two quarters of fiscal year 2004-2005.
(137.25 hrs @ $100/hr)
\\countyb\prbandrs\eagle billable hours table.doc
2000-2001
Contract Total
Total Billable Amount by Attys @ Hrly Rate
% of Contract Total
25 City
1999-2000
Contract Total
Total Billable Amount by Attys @ Hrly Rate
% of Contract Total
25 City
1998-1999
Contract Total
Total Billable Amount by Attys @ Hrly Rate
% of Contract Total
25 City
1997-1998
Contract Total
Total Billable Amount by Attys @ Hrly Rate
% of Contract Total
25 City
:countyb\prbandrs\eagle billable hours tahlc.doc
$2,400
N/A
N/A
$90/hr
$1,200
N/A
N/A
$85/hr
$1,200
N/A
N/A
$65/hr
$1,200
N/A
N/A
$65/hr
Eagle City Council
Public Hearing Sign-up Sheet
Subject: PP -3-05 Lakemoor Subdivision BW Eagle. LLC.:
**The applicant has requested this item be continued to the May 10, 2005 meeting.
April 26, 2005
7:30 p.m.
NAME
pri7,
ADDRESS/
TELEPHONE
it int t
TESTIFY
SUBJECT YES/NO? PRO/CON
A/ 6'
Page 1 f 1
11:\COUNCIL\AGENDA\CCSIGN U P. WPD
Eagle City Council
Public Hearing Sign-up Sheet
Subject: PP/FP-1-05 - Rocky Mountain BusinessPark Subdivision — Dave Evans Construction:
April 26, 2005
7:30 p.m.
NAME
ADDRESS/
TELEPHONE
Page 1 f 1
H:ICOUNCILIAGENDAICCSIGNUP. WPD
TESTIFY
SUBJECT YES/NO? PRO/CON
a