Minutes - 2005 - City Council - 07/26/2005 - Regular
EAGLE CITY COUNCIL
Minutes
July 26, 2005
*Please note early start time. *
No public hearings will begin prior to 7:30 p.m.
1. CALL TO ORDER: Mayor calls the meeting to order at 6:55 p.m.
2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. Nordstrom
is absent. A quorum is present.
3. BUDGET WORKSHOP:
Mayor introduces the issue.
City Clerk/Treasurer Bergmann reviews the changes Council requested at the July 21,2005 City
Council meeting.
Council Member Nordstrom joins the meeting at 6:55 p.m.
Discussion on police protection in the City and Ada County.
Mayor calls a recess at 7:25 p.m.
Mayor reconvenes at 7:30 p.m.
4. PLEDGE OF ALLEGIANCE:
5. PUBLIC COMMENT:
A. ClearWire Communications representative, Alan Lawrence, will present information to
Council. (NM)
Alan Lawrence, ClearWire Communications, provides Council an overview of the
company and discusses wireless broadband. General discussion.
Bastian moves to add to the Consent Agenda as Items #6E, #6F and #6G the
following: #6E. Findings of Fact and Conclusions of Law for A-5-05 & RZ-8-05 -an
application for annexation and rezone from RUT to PS-DA for Eagle Sewer District;
#6F. Development Agreement, City of Eagle and Eagle Sewer District, and #6G.
Findings of Fact and Conclusions of Law for CU 4-05 an application for a
conditional use permit for a wastewater treatment facility for Eagle Sewer District.
Seconded by Guerber. ALL AYES: MOTION CARRIES.........
6. 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,
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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 July 12,2005.
e. Findin2:s of Fact and Conclusions of Law for FP-4-05 MOD - Modification to
the Final Plat of Westover Lakes Subdivision - Na2:V Sprin2:creek LLC: Nagy
Springcreek LLC, represented by Land Consultants Inc., is requesting a
modification to the final plat of Westover Lakes Subdivision, a 33-lot (26-
buildable, 7-common) residential subdivision. The modification is a request to
change the subdivision's access from Eagle Road to West Bogus View Drive. The
25.90-acre site is located west of Eagle Road, at 2267 South Eagle Road. (WEV)
D. Findin2:s of Fact and Conclusions of Law for CU-2-98-MOD - Conditional
Use Permit Modification for Montessori Childcare Center - B.B. One: B.B.
One, LLC, represented by Jody Malterre, is requesting conditional use approval to
add 4,459-square feet to the existing 9,500-square foot Montessori childcare
center (space expansion within the same building) and to expand the outdoor play
area by 8,000-square feet. The 2.9-acre site is located within Channel Center
Subdivision near the southwest comer of State Highway 44 and South Eagle Road
at 655 South Rivershore Lane. (WEV)
E. Findim!:s of Fact and Conclusions of Law for A-5-05 & RZ-8-05 -an
application for annexation and rezone from RUT to PS-DA for Ea2le
Sewer District.
F. Development A2reement. Citv of Ea2le and Ea2le Sewer District.
G. Findin2s of Fact and Conclusions of Law for CU 4-05 an application
for a conditional use permit for a wastewater treatment facilitv for
Ea2le Sewer District.
Council Member Sedlacek removes Items #E, #F, and #G from the Consent Agenda as she needs to
abstain from voting on these items.
Bastian moves to approve the Consent Agenda, Items #A thru #D. Seconded by Sedlacek. .
Discussion. Bastian: AYE; Sedlacek: AYE; Guerber: AYE; Nordstrom: AYE: ALL AYES:
MOTION CARRIES....................
Bastian moves to approve Items #E, #F, and #G ofthe Consent Agenda. Seconded by
Guerber. THREE AYES: SEDLACEK ABSTAINS: MOTION CARRIES............
7. PROCLAMATIONS & RESOLUTIONS:
A. Resolution No. 05-14: A Resolution of the Eagle City Council, Eagle, Ada County, Idaho.
Adopting the Eagle Public Library Strategic Plan for FY 2005/06 to FY 2009/1 0 as compiled by
the Eagle Public Library Strategic Planning Committee and recommended by the Eagle Public
Library Board of Trustees for Council adoption on June 13,2005 and providing an effective date.
(RB)
Mayor introduces the issue.
Bastian moves to approve Resolution No. 05-14 as revised: A Resolution ofthe Eagle City
Council, Eagle, Ada County, Idaho. Adopting the Eagle Public Library Strategic Plan for
FY 2005/06 to FY 2009/10 as compiled by the Eagle Public Library Strategic Planning
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Committee and recommended by the Eagle Public Library Board of Trustees for Council
adoption on June 13, 2005 and providing an effective date. Seconded by Guerber.
Discussion. ALL AYES: MOTION CARRIES..................
8. FINAL PLATS:
A. FPUD-3-05 & FP-5-05 - Final Development Plan and Final Plat for Two Rivers
Subdivision No. 11- T. R. Companv LLC.: T. R. Company LLC, represented by Dan Torfin, is
requesting final development plan and final plat approval for Two Rivers Subdivision No. 11, a
19-1ot (IS-buildable, 3-common, I-private road) residential subdivision. This l4.8S-acre phase of
Quarter Circle Ranch PUD is located approximately 4S0-feet west of Eagle Road and south of
West Two Rivers Drive and east of South Channel Way. (WEV)
B. FPUD-4-05/FP-6-05 - Final Development Plan and Final Plat for Two Rivers Subdivision
No. 12 - T. R. Companv LLC.: T. R. Company LLC, represented by Dan Torfin, is requesting
final development plan and final plat approval for Two Rivers Subdivision No. 12, a IS-lot (9-
buildable, S-common, I-private road) residential subdivision. This 3.S4-acre phase of Quarter
Circle Ranch PUD is located on the southwest comer of West Two Rivers Drive and Eagle Road.
(WEV)
Mayor introduces the issue. Discussion will be on Items #8.A. and #8.B.
Dan Torfin, representing the applicant, displays overheads and provides the Council an overview
of the final plat and provides a history of the project. Distributes pictures of the pathways to the
Council. General discussion.
Dennis Baker, applicant, discusses the amenities of the project and the pathways. These pathways
are being used on a consistent basis.
Zoning Administrator Vaughan: Displays overheads of the final plat. Planning staff has reviewed
this final development plan and final plat and has recommended approval. The City Engineer has
also recommended approval. Displays an overhead of the landscape plan. Discussion on the
configurations of the lots in the final plat. Further general discussion.
Dan Torfin: Discusses the configuration of Lot 12 and the fill on the project. General discussion.
Discussion on the Conditions of Approval.
Dan Torfin: We are fine with the Staff Report.
Mike Hummel, Vice-Chairman of City of Eagle Parks and Pathway Committee: The concerns that
we have is safety and being consistent with the pathways. Discusses the pathway going from 10'
to S' and the pathway in the additional phases being S'. General discussion.
Dan Torfin: Discusses the pathways. Based on our approvals we have put in a considerable
amount of pathways and we urge the Council to continue with this S' path. The reason to necking
the pathway down is to have a quieter area along the river. General discussion.
Council discussion on pathways and approval of pathways.
Sedlacek moves to approve FPUD-3-05 & FP-5-05 - Final Development Plan and Final Plat
for Two Rivers Subdivision No. 11 with all Standard and Site Specific Conditions of
Approval. Seconded by Nordstrom. THREE AYES: ONE NAY: MOTION
CARRIES................. .
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Nordstrom moves to approve FPUD-4-05/FP-6-05 - Final Development Plan and Final Plat
for Two Rivers Subdivision No. 12 with all Standard and Site Specific Conditions of
Approval, Staff recommendations and the recommendations of the Planning and Zoning
Commission. Seconded by Guerber. Discussion. ALL AYES: MOTION
CARRIES............................. .
Discussion on working with the Park and Pathway Committee on pathways and other issues that
they need to discuss with the Council.
Mayor calls a recess at 9:0S p.m.
Mayor reconvenes at 9: IS p.m.
9. UNFINISHED BUSINESS:
A. Discussion of stop work order issued for violation of the conditional use permit for Prime
Earth.
Mayor introduces the issue.
Sedlacek moves that this item be remanded back to staff. Seconded by Guerber. ALL
AYES: MOTION CARRIES.....................
10. PUBLIC HEARINGS:
Bastian moves to continue Public Hearing Items #B, #C, #D, #E and #F to the August 9, 2005
City Council meeting as requested. Seconded by Guerber. ALL AYES: MOTION
CARRIES.............. ...
A. Resolution No. 05-13 - Proposed supplv trunk line fees for Citv water svstem - Citv of
Ea2:le: .:. A Resolution Of The City Of Eagle, Ada County, Idaho, Adopting A Supply Trunk Line
Fee (STL) Per Equivalent Residential Customer (ERe) And Hook-Up Fee To Be Applied In The
City Of Eagle Service Area; Providing A Schedule For Payment Due At Preliminary Plat And
Final Plat; Establishing A Supply Trunk Line (STL) Fee Credit Provision; Providing For Related
Matters; And Providing An Effective Date. (SEB)
Mayor introduces the issue.
Sedlacek: I would like the BCA to review these fees and I have been invited to address their
meeting and I would like to continue this to our August 9, 200S City Council meeting.
General discussion.
Sedlacek moves to continue the public hearing on Resolution No. 05-13 - Proposed supply
trunk line fees for City water system to the August 9, 2005 City Council meeting. Seconded
by Guerber. Discussion. ALL AYES: MOTION CARRIES................
B. A-I0-04 & RZ-16-04 - Annexation and Rezone From RUT to BP - Red Cliff Development:
Red Cliff Development, represented by Bob Unger, is requesting an annexation and rezone from
RUT (Rural Urban Transition) to BP (Business Park) for Optimist Park Subdivision NO.2. The
9.8-acre site is located approximately 700-feet south of Hill Road on the west side of Horseshoe
Bend Road at 8811 North Horseshoe Bend Road. (WEV) This item will be remanded back to
staff so that notification requirements can be met. The item will be heard at the August 9, 2005
meeting.
Continued by above motion to the August 9, 200S.
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e. PP-8-04 - Optimist Park No. 2 Subdivision - Red Cliff Development: Red Cliff
Development, represented by Bob Unger, is requesting preliminary plat approval for Optimist Park
Subdivision NO.2. The 9.8-acre, 7-lot commercial subdivision is located approximately 700-feet
south of Hill Road on the west side of Horseshoe Bend Road at 8811 North Horseshoe Bend
Road.. (WEV) This item will be remanded back to staff so that notification requirements can be
met. The item will be heard at the August 9, 2005 meeting.
Continued by above motion to the August 9, 200S.
D. RZ-7-05/CU-3-05/PPUD-2-05/PP-7-05 - Corrente Bello Planned Unit Development -
Carmen. LLC and Gemstar Development. LLC: Carmen, LLC and Gemstar Development,
LLC, represented by Shawn Nickel with SLN Planning, Inc., is requesting a rezone from R-E
(Residential Estates) to R-3-DA (Residential Three with a development agreement), and
conditional use, preliminary development plan, and preliminary plat approvals for Corrente Bello
Planned Unit Development, a 137-lot (I08-new buildable, I-existing home located on Lot 20,
Block 2, and 28-common) planned residential development. The 94.89-acre site is located on the
north side of Floating Feather Road approximately Yz-mile west of Eagle Road. (WEV) This item
will be remanded back to staff so that notification requirements can be met. The item will be
heard at the August 9, 2005 meeting.
Continued by above motion to the August 9, 200S.
E. Proposed Fee increase for BFI: A public hearing for the purpose of hearing public comments
regarding the proposed imposition of an increase in BPI Waste Systems fees. The applicant is
requesting this item be continued to the August 9, 2005 meeting. (SKB)
Continued by above motion to the August 9, 200S.
F. Amendment to Solid Waste Contract with BFI Waste Svstems: The amendment to the
Contract between BPI Waste Systems and the City of Eagle. The applicant is requesting this item
be continued to the August 9, 2005 meeting. (SKB)
Continued by above motion to the August 9, 200S.
11. NEW BUSINESS:
A. LiQuor license application: Michael McGuinness is requesting a liquor, beer and wine license
to be displayed at 393 W. State Street (Casa Mexico). (SEB)
Mayor introduces the issue.
City Attorney Buxton: This application has been before you previously. General discussion on the
application. This looks fine to me. General discussion.
Sedlacek moves to approve Mr. McGuinness Beer, Wine and Liquor License with the
conditions listed on Sharon K. Bergmann's July 20, 2005 memo. Seconded by Guerber.
ALL AYES: MOTION CARRIES.................
B. ACHD Planter Strip Widths: (WEV)
Mayor introduces the issue.
Zoning Administrator Vaughan: Discussion on ACHD planter strip widths. ACHD has been
working with all the cities to establish a new planter width standard that is unified through out the
county. Discussion on maintenance in the planting strips. General discussion.
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Nordstrom moves for Class II trees. Seconded by Bastian. ALL AYES: MOTION
CARRIES........ ...
e. Proposed chan2:es to title 8 & 9 incorporatin2: ordinance 479 from title 6. (NM)
Mayor introduces the issue.
City Attorney Buxton: Discusses the proposed changes to Title 8 & 9 incorporating ordinance 479
from title 6. General discussion.
D. Form of Assi2:nment Letter Allied Waste Services of North America LLC. : (SEB)
Mayor introduces the issue.
City Attorney Buxton: I would like to have this continued to the August 9, 200S City Council
meeting along with the rest of the BPI matters previously continued to August 9, 200S.
Bastian moves to continue the Form of Assignment Letter Allied Waste Services of North
America LLC to the August 9, 2005 City Council meeting. Seconded by Sedlacek. ALL
AYES: MOTION CARRIES...................
Nordstrom moves to amend the agenda to add an Executive Session at the end ofthe meeting
for the discussion of acquisition of public property I.c. 67-2345(a). Seconded by Bastian.
ALL AYES: MOTION CARRIES.......................
12. REPORTS:
City Attorney Report: No report
Zoning Administrator's Report: The August 9, 200S meeting will be at the Senior Citizen Center.
City Engineer Report: Discusses upcoming meetings on the City water issues. We have been
meeting with Protestants and the meetings have been going very well.
City Clerk/Treasurer Report: Reports on the progress on City Hall.
Jason Pierce: Reports on the Planning and Zoning Commission. General discussion.
Mayor and Council's Report:
Sedlacek: Discussion on Dr. Courtial's letter regarding the drainage elevations.
Discussion on making more videos and DVDs of the Pat Summerall video.
Bastian: Reports on the Library. Use of the Library keeps increasing so their increased staffing
requests are justified
Discussion on the additional $77,000 for another sheriffs deputy for next fiscal year.
Discussion on how well the Design Review Committee is doing.
Guerber: Nothing from the Air Quality Board.
I've had some calls from people in regards to traffic on Stierman. General discussion. Police
Chief Borgquist is going to be setting up some Citizen's Advisory Boards throughout the City to
look at traffic.
Nordstrom: No report
Mayor: Last week I spent a lot of time with the PGA Tournament. It is going to be aired on NBe.
General discussion.
Sunset magazine has an article on the City of Eagle.
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Vern Brewer, Holladay Engineering: Ken met with BLM and looked at sites at the end of Harley
and they did find a site but it is only large enough for one tank. Also, Legacy may fund a tank.
Nordstrom moves to go into Executive Session for the Acquisition of Private Property, I.e.
67-2345(a). Seconded by Guerber. Bastian: A YEj Sedlacek: A YEj Guerber: A YEj
Nordstrom: AYE: ALL AYES: MOTION CARRIES..................
Council discusses acquisition of private property.
Council leaves Executive Session at 11 :25 p.m.
13. ADJOURNMENT:
Sedlacek moves to adjourn. Seconded by Guerber. ALL AYE: MOTION
CARRIES...
Hearing no further business, the Council meeting adjourned at 11 :26 p.m.
Respectfully submitted:
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1mAR K. BERGMANN
CITY CLERK/TREASURER
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