Minutes - 2005 - City Council - 08/23/2005 - Regular
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EAGLE CITY COUNCIL
Minutes
August 23, 2005
6:30 P.M.
PLEASE NOTE EARLY START TIME FOR COUNCIL MEETING.
NO PUBLIC HEARINGS WILL BEGIN PRIOR TO 7:30 P.M.
REGULAR COUNCIL AGENDA:
1. CALL TO ORDER: Mayor Merrill calls the meeting to order at 6:30 p.m.
2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. All present. A
quorum is present.
A. Presentation bv Michael Lauer reeardine Blueprint for Good Growth. Michael Lauer
provides a power point presentation for the Council on the Blueprint for Good Growth and
provides a status report. Discussion on the differences between the City's adopted Future Land
use Map and the Blueprint for Good Growth preferred scenario selected by the Consortium.
General discussion.
B. EXECUTIVE SESSION: MOVED TO THE END OF THE AGENDA
A. Acquisition of private property. I.C. 967-2345(a)
B. Pending or threatened litigation. I.c. 967-2345(t)
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 August 9, 2005.
C. Minutes of August 16,2005.
Sedlacek moves to approve the Consent Agenda. Seconded by Guerber. Bastian: AYE;
Sedlacek: AYE; Guerber: AYE; Nordstrom: AYE: ALL A YES: MOTION CARRIES......
6. PROCLAMATIONS & RESOLUTIONS: None
7. FINAL PLATS: None
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8. PUBLIC HEARINGS:
A. A-07-05 & RZ-ll-05 - Annexation and Rezone From RUT to R-I - Capital
Development: Capital Development represented by Dave Y orgason is requesting annexation and
rezone from RUT (Rural Urban Transition) to R-1 (Residential 1 unit per acre. The site is
located on the northeast corner of Meridian Road and Chinden Boulevard. (WEV)
B. PP-1O-05 - Castleburv West Subdivision - Capital Development: Capital Development
represented by Dave Yorgason is requesting preliminary plat approval for Castlebury West
Subdivision, an 82 lot (72 buildable, 10 common) residential subdivision, the 70.56-acre site is
located on the northeast corner of Meridian Road and Chinden Boulevard. (WEV)
Mayor introduces the issue. Items #A and B will be heard together but separate motions will be
made on each item.
Discussion on why there was not a Development Agreement associated with the Annexation and
Rezone.
Dave Yorgason, Capital Development, displays a site plan of the development and provides the
Council with an overview of the project. Discussion on the Preliminary Plat. We will agree to
the condition of reducing the lots from 72 to 70. Discussion on the redesign and the open space.
Our only entrance point is on Meridian Road. We agree with all the conditions from the Fire
Department. Discussion on sidewalks along Chinden Boulevard. General discussion.
Discussion on the requirements for pathways in subdivisions. Discussion on the size of the
planting strips.
Zoning Administrator Vaughan: Displays overheads and provides Council an overview of the
project. The Planning & Zoning Commission has recommend approval of the Annexation and
Rezone and the Preliminary Plat. Discussion on the Transportation Corridor along Chinden
Boulevard. General discussion.
Mayor opens the Public Hearing
Mayor closes the Public Hearing
Dave Yorgason: discusses irrigation within the subdivision. If the Council wants us to put a
schedule in the CC&R's we will do that. Discussion on the vinyl fence and the homeowner's
responsibility. Discussion on the berm. We would like the berm to be consistent along Chinden.
The design we are showing is consistent with Castlebury. General discussion.
General Council discussion.
Bastian moves to approve A-07-05 & RZ-ll-05 - Annexation and Rezone From RUT to R-t
- Capital Development with all of the Standard Conditions as stated. Seconded by
Guerber. ALL AYES: MOTION CARRIES...................
Bastian moves to approve PP-1O-05 - CastIebury West Subdivision - Capital Development
with the Site Conditions of Approval and the Standard Conditions of Approval as stated.
Seconded by Guerber. ALL AYES: MOTION CARRIES...............
Mayor calls a recess at 8:40 p.m.
Mayor reconvenes the meeting at 8:55
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9. NEW BUSINESS:
A. Proposed Ordinance No.526: An Ordinance In Accordance With Idaho Code 50-329, 50-
329a, And 50-344 Granting A Franchise To Allied Waste Services Of North America, L1c, A
Corporation, And To Its Successors And Assigns, To Operate Within The Corporate Limits Of
The City Of Eagle, Idaho, Garbage Collection Systems And Facilities For Supplying Garbage
Collection Service To The City, The Inhabitants Thereof, And Others For A Term Of Seven
Years In Accordance With The Waste Collection Services Contract Between The City Of Eagle,
Idaho, And BFI Waste Systems, Inc., Dated December 15, 1998, The Addendum To The Solid
Waste Contract Dated December 12,2003, The Second Addendum To Waste Collection Services
Contract Approved By The City Of Eagle On August 9, 2005, And The Consent To Assignment
To Allied Waste Services Of North America, LLC Approved By The City Of Eagle On August 9,
2005, And Providing An Effective Date. (SKB)
Mayor introduces the issue.
City Attorney Buxton: This is the Ordinance that needs to be read by Title only and then it needs
to be published for thirty days and then will be brought back to the Council for adoption.
Guerber moves that proposed Ordinance No. 526 be read by Title only and that the
ordinance will be published for thirty days and brought back to the Council for adoption.
Seconded by Sedlacek. ALL AYES: MOTION CARRIES..................
City Attorney Buxton reads proposed Ordinance No. 526 by Title only.
B. Proposed Ordinance controIline the sale of pseudophedrine containine products to
prevent the conversion of these products into methamphetamine. (NM)
Mayor introduces the issue and provides Council an overview of the Treasure Valley Partnership
meeting where the proposed draft ordinance and the white paper were reviewed by the Mayors of
the Treasure Valley.
General Council discussion.
Chief of Police Dana Borquist discusses the Treasure Valley Partnership meeting and the
proposed draft ordinance and the white paper. Discussion on the 25 mg in the ordinance. From
law enforcement perspective I feel comfortable with the ordinance and believe that we can
enforce it. Discussion on what the stores in Eagle are voluntarily doing already.
City Attorney Buxton: My job is to tell you what your pitfalls are. [think there are some
constitutional problems that we could have with the ordinance. I would be happier if you did
what Twin Falls did and pass a resolution. I have talked to Steve ByWater and Fritz Wonderlich
in regards to the Attorney General's opinion that was issued. Discussion on the Pharmacy Act. I
would feel more comfortable if you passed a resolution.
Nick Thorton, I think you should put anything like this behind the counter. The kids in my
school are pretty aware and we have to go through a semester in regards to different drugs. I go
to Eagle Middle School.
General Council discussion. Council concurs that they want to adopt this ordinance.
City Attorney Buxton: I will take this draft ordinance and make the appropriate changes and
bring it back to you.
Further Council discussion.
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C. Discussion on proposed Resolution 05-17 authorizinl!: the minI!: ofa petition for iudicial
confirmation. (SKB)
Mayor introduces the issue.
General discussion on the Resolution, judicial confirmation and the Loan Agreement.
Sedlacek moves to approve Resolution 05-17. Seconded by Bastian. Bastian: A YEj
Sedlacek: AYE; Guerber: AYE; Nordstrom: AYE: ALL AYES: MOTION
CARRIES................ ....
10. UNFINISHED BUSINESS: None
11. EXECUTIVE SESSION:
A. Acquisition of private property. I.e. 967-2345(a)
B. Pending or threatened litigation. I.C. 967-2345(1)
Bastian moves to go into Executive Session for the discussion of Acquisition of private
property I.e. ~67-2345(a) and Pending or threatened litigation. I.C. ~67-2345(f). Seconded
by Nordstrom. Bastian: A YEj Sedlacek: AYE; Guerber: AYE; Nordstrom: AYE: ALL
AYES: MOTION CARRIES...............
Council discusses acquisition of private property and pending or threatened litigation.
Council leaves Executive Session at 11:40 p.m.
Mayor calls a recess at 11 :40 p.m.
Mayor reconvenes at 11 :50 p.m.
General Council discussion on the water system.
Sedlacek moves to go into Executive Session for the discussion of personnel. Seconded by
Bastian. Bastian: AYE; Sedlacek: AYE; Guerber: AYE; Nordstrom: AYE: ALL AYES:
MOTION CARRIES...... .................
Council discusses personnel issues.
Council leaves Executive Session at 12:20 p.m.
12. REPORTS:
Mavor and Council's Report:
Mayor: Discussion on the Blue Print for Good Growth.
Zoning Administrator's Report: Displays a site plan of Corrente Bello and discusses the
proposed ACHD vacation of right-of-way. General discussion.
Council directs staff to send a letter to ACHD in regards to the vacation of the right-of-way.
City Clerk/Treasurer Report: September 6th is the quarterly meeting with ACHD Commissioners,
do you want a meeting? Council concurs that a meeting is needed.
Guerber: Discusses the Master Plan for Parks and Pathways. We are going to do a RFP.
Nordstrom: No report
City Engineer Report: No report
City Attorney Report: No report
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Discussion on the Committee of Nine.
Bastian: The City has two flexible fuel vehicles. We should require the next new vehicles to be
flexible fuel vehicles. The fuel is not available in Eagle but is available at a Stinker Station in
Boise. General discussion.
11. ADJOURNMENT:
Bastian moves to adjourn. Seconded by Sedlacek. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 12:45 a.m.
Respectfully submitted:
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PP -10-05 CASTLEBURY WEST SUBDIVISION
PUBLIC HEARING
THE CITY OF EAGLE
CITY COUNCIL
TUESDAY, AUGUST 23, 2005
7:30 P.M.
ADDRESS/ TESTIFY
NAME
TELEPHONE SUBJECT
Page 1 f 1
H:I000NCIIAAGENDAICCSIGNUP.WPD
YES/NO? PRO/CON
A-07-05 & RZ-11-05 ANNEXATION AND REZONE
FROM RUT TO R-1 CAPITAL DEVELOPMENT
PUBLIC HEARING
THE CITY OF EAGLE
CITY COUNCIL
TUESDAY, AUGUST 23, 2005
7:30 P.M.
ADDRESS/ TESTIFY
NAME
TELEPHONE SUBJECT
Page 1 f 1
H:ICOUNC[L\AGENDA\CCSIGNUP. WPD
YES/NO? PRO/CON
INTER
OFFICE
To:
From:
Subject:
Date:
Attachment(s):
Copy To:
City of Eagle
Zoning Administration
Mayor Merrill and City Council Members
Nichoel Baird Spencer, AICP, Planner III
Blueprint for Good Growth Scenarios
August 23, 2005
N/A
Michael Lauer
cc
Michael Lauer the consultant for BPGG will be presenting the difference between the City's adopted Future Land
Use Map and the Blueprint for Good Growth preferred scenario selected by the Consortium. Below you will find a
copy of the conflicting areas. Two of the three sites are developed and/or approved for development.
Staff will provide additional infonnation at the Council's request that evening.
CHANGE 1:
20 -acre site west of Linder Road north of the State Street (existing Hope Lutheran Church) change the
comprehensive plan designation from High Density Residential to Commercial.
Page 1 of 2
K '\Planning Dept .M sc Otherl?WS1DPGG\Land use mcl doc
CHANGE 2:
Approximately 80 -acre site north of Eagle Sewer District treatment plant- Change from Residential One to Mixed
Use. City recently approved a CU to expand this facility to the north.
CHANGE 3:
Approximately 40 -acre site (existing Eagle Promenade Development) change the comprehensive plan designation
from Commercial to Mixed Use.
Page 2 of 2
K.'Plannmg DepGMisc Other'2005\BPGG'Land use mel doc