Minutes - 2005 - City Council - 10/18/2005 - Regular
ORIGINALv
EAGLE CITY COUNCIL
Minutes
October 18,2005
No agenda item will be openedfor discussion or action after 10:00 p.m., unless
Council approves a meeting time extension via a motion prior to 10:00 p.m. and
subsequent meeting time extensions prior to their expiration.
PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m.
City Attorney Buxton introduces a new associate in her firm, Stephanie Bonnie.
Zoning Administrator Vaughan introduces the new Planner, Bill Verschuren.
Mayor: I would like to give a report at this time. I have resigned from Valley Regional
Transit but the City still needs to have someone sit on the Board. General Brooks has
offered to sit on the Board to Valley Regional Transit. He will report to the Council on a
monthly basis. I would like to put this appointment on the Consent Agenda.
General Brooks: I have been involved with the public transportation in the valley for a
number of years. I feel that public transportation is on life support. In the next few years
there needs to be a stable funding source. Some method of funding must come forward.
There doesn't need to be more study there needs to be action by the Legislature to fund
public transportation beside property taxes. Discussion personal property taxes. General
discussion.
Mayor: Our City Attorney, Susan Wildwood, has requested an Executive Session on
pending and threatened litigation.
Bastian moves to go into Executive Session for pending and threatened litigation.
Seconded by Sedlacek. Bastian: AYE; Sedlacek: AYE; Guerber: AYE: ALL A YES:
MOTION CARRIES..............
Council goes into Executive Session at 6:50 p.m.
Council discusses pending and threatened litigation.
Council leaves Executive Session at 7:25 p.m.
Mike Mongelli, Building Official: Reports to the Council on the proposals for the
purchase of two City vehicles. Discusses the proposals. Discusses Mike's
recommendation to purchase the Ford Fl50 trucks from Dan Wiebold Ford in the amount
of$35,782.00.
Council concurs with Mongelli's recommendation and will place approval of the
purchase of2 Ford Fl50 trucks from Dan Wiebold Ford in the amount of$35,782.00 on
the Consent Agenda.
1. Mayor and Council's Report: Moved to end of Agenda
2. City Engineer Report: Moved to end of Agenda
3. City Clerk/Treasurer Report: Moved to end of Agenda
4. Zoning Administrator's Report: Moved to end of Agenda
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5. City Attorney Report: Moved to end of Agenda
REGULAR COUNCIL AGENDA: 7:30 p.m.
1. CALL TO ORDER: Mayor calls the meeting to order at 7:40 p.m.
2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. Nordstrom
is absent. A quorum is present.
Mayor welcomes the Mayor's Youth Advisory Council to the meeting tonight.
City Attorney Buxton: I would like to request an amendment to the Agenda by
adding under New Business as Item #101. Consideration of filing a Notice of Protest
for an Aesthetic Water Right. Bastian so moves. Seconded by Sedlacek. ALL
AYES: MOTION CARRIES......................
Guerber moves to add two items to the Consent Agenda: Item #5Q. Request from
Eagle Fire Department for a noise waiver; and Item #5R. The purchase of two
vehicles by the City of Eagle. Seconded by Bastian. ALL A YES: MOTION
CARRIES. .............
3. PLEDGE OF ALLEGIANCE:
4. PUBLIC COMMENT: John Atkins, 4440 N. Croft Place, Eagle, President of
Mayor's Youth Advisory Council and as Co-President of the Eagle High School
Associated Student Body, I have a special request from Eagle High School and Principal
Terry Beck. Eagle High School is requesting that a reader board be installed on the
external western wall of the gymnasium. We have received a gift from the Senior Class
of 2005 and now it is possible to purchase a reader board. General discussion.
Council's direction is for Eagle High School to go through the regular process with the
assistance of the Zoning Administrator and all fees will be waived.
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 September 27,2005 special meeting.
C. Minutes of September 27,2005 regular meeting.
D. Open Container Permit Application: Eagle Chamber of Commerce is
requesting an open container permit to be used on October 27,2005 from
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6:00 p.m. -10:00 p.m. to be consumed at 1445 E. State S1. (Musick
Auctioneers) for the Annual Eagle Chamber of Commerce Auction. The
applicant has provided the appropriate fees and documentation. (SKM)
E. DR-S7-04 MOD - Master Sie:n Plan for a Multi-tenant MedicalJDental
Office Buildine: Includine: Buildine: Wall Sie:ns for Eae:le River
Dentistrv. Eae:le River Homes. and Hart Desie:ns - Dave Evans
Construction: Dave Evans Construction, represented by Roger Llewellyn
with Golden West Advertising Inc., is requesting design review approval
to modifY the master sign plan for a multi-tenant medical/dental office
building. This modification includes the approval of building wall signs
for Eagle River Dentistry, Eagle River Homes, and Hart Designs. The site
is located on the southwest corner of East Shore Drive and Bridgeway
Place at 325 East Shore Drive within Eagle River Development (Lot 10,
Block 4, Mixed Use Subdivision No.3).
F. DR-69-0S - Common Area Landscapine: and Clubhouse within
Lakemoor Subdivision - BW Eae:le. LLC: BW Eagle, LLC, represented
by Dave Koga with The Land Group, is requesting design review approval
of the common area landscaping and clubhouse within Lakemoor
Subdivision. The site is located on the east side of Eagle Road
approximately V.-mile north of Chinden Boulevard.
G. DR-71-0S - Two Monument Sie:ns for Castleburv West Subdivision-
Capital Development Inc.: Capital Development Inc., represented by
David Koga with The Land Group, is requesting design review approval to
construct two monument signs at the entry to Castlebury West Subdivision
on North Meridian Road. The site is located at the northeast corner of
North Meridian Road and Chinden Boulevard.
H. DR-72-0S - Common Area Landscapine: within Castleburv West
Subdivision - Capitol Development: Capitol Development, represented
by Dave Koga, ASLA, with The Land Group, is requesting design review
approval of the common area landscaping within Castlebury Subdivision.
The site is located on the northeast corner of Chinden Boulevard and
North Meridian Road.
1. DR-77-0S - Common Area Landscapine:. Pool House. and Gazebos
within Corrente Bello Subdivision - Carmen. LLC. and Gemstar
Development. LLC: Carmen, LLC, and Gemstar Development, LLC,
represented by Gina Fegler, with The Land Group, are requesting design
review approval of the common area landscaping, pool house, and two (2)
gazebos within Corrente Bello Planned Subdivision. The site is located on
the north side of Floating Feather Road approximately 1,300- feet east of
Ballantyne Road at 1400 West Floating Feather Road.
J. Findine:s of Fact and Conclusions of Law for CU-8-0S - Childcare
Facility - Jennifer Vandersnick: Jennifer Vandersnick, represented by
Chris Pearson, is requesting conditional use approval to construct a 3,500-
square foot childcare facility. The 0.18-acre site is located on the south
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side of East Iron Eagle Drive, approximately 660-feet east of East Plaza
Drive within Rocky Mountain Business Park (Lot 3, Block I, Merrill
Subdivision No.5). (WEV)
K. Findine:s of Fact and Conclusions of Law for CU-10-0S - Church
Facilitv Expansion - Eae:le Church of the Nazarene: Eagle Church of
the Nazarene, represented by Jim Main with Design West Architects, is
requesting a conditional use permit to construct a 9,934-square foot
building expansion. The 21.38-acre site is located on the south side of
West State Street approximately 3,200-feet west of Eagle Road at 1001
West State Street. (WEV)
L. Findine:s of Fact and Conclusions of Law for V-1-0S - Variance From
the Fiftv Foot Floodwav Setback from Drv Creek - Eae:le Church of
the Nazarene: Eagle Church of the Nazarene, represented by Jim Main
with Design West Architects, is requesting variance approval to construct
a building expansion within the fifty foot (50') floodway setback from Dry
Creek. The 21.38-acre site is located on the south side of West State
Street approximately 3,200-feet west of Eagle Road at 1001 West State
Street. (WEV)
M. Findine:s of Fact and Conclusions of Law for CU-07-0S/PPUD-03-
OS/PP-09-0S - Bellemeade Planned Unit Development - Tom Ricks
and John Wood: Tom Ricks and John Wood, represented by Becky
McKay with Engineering Solutions, LLP are requesting preliminary
development plan, conditional use, and preliminary plat approvals for
Bellemeade Planned Unit Development, a 62-10t (48-buildable, 14-
common) planned residential development. The 15.75-acre site is located
at 312 North Park Lane, 3850 West Flint Drive and 3855 West Flint Drive.
(WEV)
N. Findine:s of Fact and Conclusions of Law for CU-ll-Os - Heie:ht
Exception for Rivendell Music Academv - Ken & Marv Cenell:
Slichter Architects is requesting conditional use approval for a height
exception to allow a 42' -11" peak of roof and 45' -5" to top of spires,
building for Rivendell Music Academy. The height exception (the portion
ofthe building above 35-feet) is for the purpose of accommodating the
design and pitch of the roof with spires. The 3.75-acre site is located
approximately 600- feet north of State Highway 44 at 3415 West Flint
Drive. (WEV)
O. Open Access Ae:reement between Eae:le Public Librarv and Boise
Public Librarv: (SB)
P. Review and approval of proposed e:rant application for the Historical
Preservation Commission to conduct a reconnaissance survey of
historic farm buildine:s around Eae:le. (SKB)
Q. Eae:le Volunteer Fire Fie:hters Association - request for waiver of
noise ordinance to accommodate their Haunted Woods Fundraiser.
R. The purchase of two vehicles bv the City of Eae:le from Dan Wiebold
Ford in the amount of $35.782.00.
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Bastian removes Item #I and #P from the Consent Agenda.
Zoning Administrator Vaughan removes Item #M from the Consent Agenda.
Bastian moves to approve the Consent Agenda as amended with Items #1, #M and
#P removed from the Consent Agenda. Seconded by Sedlacek. Bastian: AYE;
Sedlacek: AYE: Guerber: AYE: ALL AYES: MOTION CARRIES...................
51. DR-77-0S - Common Area Landscapine:. Pool House. and Gazebos within
Corrente Bello Subdivision - Carmen. LLC, and Gemstar Development. LLC:
Carmen, LLC, and Gemstar Development, LLC, represented by Gina Fegler, with The
Land Group, are requesting design review approval of the common area landscaping, pool
house, and two (2) gazebos within Corrente Bello Planned Subdivision. The site is
located on the north side of Floating Feather Road approximately I,300-feet east of
Ballantyne Road at 1400 West Floating Feather Road.
General discussion.
Bastian moves to table this matter until staff can discuss this issue. Seconded by
Guerber. ALL AYES: MOTION CARRIES...............
5M. Findine:s of Fact and Conclusions of Law for CU-07-0S/PPUD-03-0S/PP-09-0S-
Bellemeade Planned Unit Development - Tom Ricks and John Wood: Tom Ricks and
John Wood, represented by Becky McKay with Engineering Solutions, LLP are
requesting preliminary development plan, conditional use, and preliminary plat approvals
for Bellemeade Planned Unit Development, a 62-10t (48-buildable, I4-common) planned
residential development. The I5.75-acre site is located at 312 North Park Lane, 3850
West Flint Drive and 3855 West Flint Drive.
Zoning Administrator Vaughan: Discusses Site Specific Condition #13 in regards to the
architecture style. Provides Council an alternate condition that specifies the required
architecture in the subdivision. General discussion.
Discussion on the pocket park.
Becky McKay, Engineering Solutions, representing the applicant, we sent a letter to staff
in regards to the set backs requesting clarification of the set backs. Discussion on the set
backs. General discussion.
General Council discussion on the set backs. The set backs are from the lot line.
Sedlacek moves to approve Findings of Fact and Conclusions of Law for CU-07-
OS/PPUD-03-0S/PP-09-0S - Bellemeade Planned Unit Development with the
following change to #13 which was presented by Staff and approved by the
Applicant: #13 to have the style of architecture for residences south of West Flint
Drive shall be as shown on the submitted elevation plans titled "Spur Ranch,
Kastera Homes", date stamped by the City on August 1, 2005. The style of
architecture for residences north of West Flint Drive shall be as shown on the
submitted elevation plans titled "Spur Ranch, Kastera Homes", date stamped by the
City on September 27, 2005. The applicant shall create an architectural control
committee (ACe) as a component of the subdivision CCR&S to review the required
architectural style of the homes to be constructed in this development. Provisions
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regarding the creation and operating procedures of the ACC shall be included in the
CC&R's, and shall be reviewed and approved by the City attorney prior to the
approval of the final plat for phase one. #19 to be clarified to say: That the side set
backs, that side adjacent to the pathway, the lots adjacent to the interior pathway
shall be 5' from the property line; #22. Provide a revised preliminary plat adding a
plat note which states: The easement width on the interior side lot lines, Lots 2 - 15,
Block 1, which would be south of Flint, shall be 5' wide on either side of the
common lot line, however the side set backs on the interior lot lines in Lot 2 - 15,
Block 1, which is the north side of Flint, shall be 7 Y.' wide and that all of the lots on
two story homes the second story shall be set back an additional 2 Yz' as consistent
with Eagle City Code. Seconded by Bastian. Discussion. ALL A YES: MOTION
CARRIES.............. ...
5P. Review and approval of proposed e:rant application for the Historical
Preservation Commission to conduct a reconnaissance survey of historic farm
buildine:s around Eae:le. (SKB)
General discussion on the Grant.
Bastian moves to continue this to the October 25, 2005 City Council meeting and
have a representative from the Historical Preservation Commission present this
item to the Council. Seconded by Guerber. ALL AYES: MOTION
CARRIES. ............
6. PROCLAMATIONS & RESOLUTIONS: None
7. FINAL PLATS: None
8. UNFINISHED BUSINESS:
A. ADDointment to Desie:n Review Board: The Mayor is requesting that this item be
tabled until further interviews have been conducted. This item was continuedfrom the
October 11,2005 meeting. (NM)
Mayor introduces the issue.
Guerber moves to continue this to the October 25, 2005 City Council meeting.
Seconded by Bastian. ALL AYES: MOTION CARRIES.................
B. Discussion of Proposed Ordinance No. 528: An Ordinance Of The City Of Eagle,
Ada County, Idaho, Amending Eagle City Code Title 4 To Add A New Chapter
Establishing Limits On The Sale Of Methamphetamine Precursor Drugs; Providing A
Penalty; Providing A Savings Clause; And Providing For An Effective Date. (SB & NM)
This item was continuedfrom the October 11, 2005 meeting.
Mayor introduces the issue.
General discussion on the proposed ordinance.
John Atkins, Mayor' s Youth Advisory Council, having analyzed this ordinance and upon
lengthy and thorough debate, the Mayor's Youth Advisory Council hereby submits our
unanimous support of these measures and do strongly recommend that the ordinance be
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signed with haste so as to cement our commitment as a progressive city which supports
family.
City Attorney Buxton: I agree with the last speaker; however, I need to reiterate my
concern with the ordinance given that the Pharmacy Act encompasses the entire area of
law in Idaho relating to drug dispensing. It is unfortunate that the Legislature failed to
address this matter. My recommendation is for Council to pass this by Resolution.
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 #528 be considered after being read once by
title only. Bastian reads Ordinance #528 by title only. Seconded by Guerber.
Discussion. ALL AYES: MOTION CARRIES.................
Bastian moves that Ordinance #528 be adopted. Seconded by Guerber. Bastian:
AYE; Sedlacek: AYE; Guerber: ALL AYE: MOTION CARRIES.....................
C. Review and action on proposed professional rate adiustment for Holladav
Ene:ineerine: Company. This item was continuedfrom the October 11, 2005 meeting.
(SKB)
Mayor introduces the issue.
General discussion.
Sedlacek moves to approve the proposed professional rate adjustment for Holladay
Engineering Company. Seconded by Guerber. Bastian: AYE; Sedlacek: AYE;
Guerber: AYE: ALL AYES: MOTION CARRIES................
Mayor calls a recess at 8:25 p.m.
Mayor reconvenes the meeting at 8:35 p.m.
9. PUBLIC HEARINGS:
A. A-10-04 & 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 was continuedfrom the October 11, 2005 meeting.
B. 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, 7-10t 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. This item was continuedfrom the October 11, 2005
meeting (WEV)
Mayor introduces the issues.
Council Member Sedlacek: We have a Memo in our packet that the applicant has
requested that Items #9A and B be continued to the October 25, 2005 City Council
meeting. General discussion.
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Bastian moves to table A-10-04 & RZ-16-04 - Annexation and Rezone From RUT to
BP and PP-8-04 - Optimist Park No.2 Subdivision - Red Cliff Development back to
staff and re-notice the Public Hearing. Seconded by Guerber. ALL AYES:
MOTION CARRIES..............:
C. A-10-0S & RZ-14-0S - Annexation and Rezone From RUT to PS - City of Eae:le:
The City of Eagle, represented by William E. Vaughan, is requesting an annexation and
rezone from RUT (Rural Urban Transition) to PS (Public Semi-Public) for the Eagle/Ada
Sport Complex. The +/- SO-acre site is generally located on the northeast corner of the
Floating Feather Road and Horseshoe Bend Road intersection at 3151 Goose Creek Road.
This item was continuedfrom the October 11, 2005 meeting (WEV)
Mayor introduces the issue.
Zoning Administrator Vaughan: Provides Council an overview of the annexation and
rezone. General discussion.
Mayor opens the Pubic Hearing
Mayor closes the Public Hearing
Bastian moves to approve A-10-0S & RZ-14-0S - Annexation and Rezone From RUT
to PS - City of Eagle. Seconded by Sedlacek. Bastian: AYE; Sedlacek: AYE;
Guerber: AYE: ALL AYES: MOTION CARRIES........................
D. ZOA-S-OS - Zonine: Ordinance Amendment (Proposed Ordinance No. 530)-
City of Eae:le: Ordinance Of The City Of Eagle, Ada County Idaho Amending Eagle
City Code Title 6 "Public Wayand Property" Chapter 5 "Water System". Section 23
"Donation Of Water System To The City", And Title S "Zoning", Chapter 7 "Zoning
Administration and Enforcement", Section 5 "Amendments" And Title 9 "Land
Subdivisions" Chapter 2 "Subdivision Plats And Procedures", And Adding Chapter 3
"Water System" Section 9 "Water System", Providing Clarification And Linkages
Between The Zoning And Subdivision Chapters To The Eagle Municipal Water System
Provisions, Establishing When And How The Provision Of Water Supply Is Required As
A Condition Of Annexation And/Or Approval Of New Development Within The City Of
Eagle., Providing A Severability Clause; And Providing An Effective Date. This item was
continuedfrom the October 11, 2005 meeting (WEV)
Mayor introduces the issue.
General discussion on the proposed ordinance.
Bastian moves to table Item #9B on the Agenda to later in the meeting. Seconded by
Sedlacek. ALL AYES: MOTION CARRIES................
E. Proposed Ordinance No. 526 - Amendine: the contract between BFI and the City
of Eae:le - City of Eae:le: An Ordinance In Accordance With Idaho Code 50-329, 50-
329a, And 50-344 Granting A Franchise To Allied Waste Services Of North America,
LLC, 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
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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. This item was continued
from the October 11, 2005 meeting (SKB)
Mayor introduces the issue.
General discussion.
Mayor opens the Public Hearing
Mayor closes the Public Hearing
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 #526 be considered after being read once by
title only. Bastian reads Ordinance #526 by title only. Seconded by Sedlacek.
ALL AYES: MOTION CARRIES.................
Bastian moves that Ordinance #526 be adopted. Seconded by Sedlacek.
Bastian: AYE; Sedlacek: AYE; Guerber: ALL AYES: MOTION
c=ARRIES...................................
10. NEW BUSINESS:
A. Desie:n and Construction of Eae:le Well No.3 (aka Brookwood Well): (SEB)
Mayor introduces the issue.
Vern Brewer, Holladay Engineer:
B. Review of bids for vehicle purchase: (MM)
This matter was discussed in Pre-Council and added to the Consent Agenda.
C. AA-2-0S -Appeal of Buildine: Officials Decision: Mr. Ridgeway has proposed an
addition to an existing single family dwelling located at 1735 W. Rush Road in the
Academy Subdivision. The building was constructed under Ada County jurisdiction
having a front yard setback of twenty-nine feet (29'). Under the City of Eagle's current
zoning designation of Rural Estate (R-E) the front yard setback requirement is fifty feet
(50'). The building permit application was denied based on administrative interpretation
file number AI-I-03 which reads. (MM)
Mayor introduces the issue.
Mike Mongelli, Building Official: Discusses the proposed addition to the existing family
dwelling and the basis for his decision to deny the building permit application.
Lori Den Hartog, representing Stan Ridgeway, displays a Power Point presentation
"Ridgeway Residence: Proposed Addition" and provides Council an overview of the
building permit application for an addition to an existing single family dwelling. General
discussion.
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Sedlacek moves to approve AA-2-0S the Stan Ridgeway application. Seconded by
Guerber. ALL AYES: MOTION CARRIES....................
D. Consideration of Cooperative Ae:reement between Vallev Ree:ional Transit & the
City of Eae:le for annual dues and service contribution FY 2005/2006.
Mayor introduces the issue. Discussion on the Agreement. I would like to have our dues
assessment of$II,895.00 broken down between annual dues and service contribution
with the service contribution money go into planning for service in Eagle. I would also
like to have Kelli Fairless attend a Council Meeting and discuss this agreement and the
proposed changes I have suggested. General discussion.
Guerber moves to continue Consideration of Cooperative Agreement between
Valley Regional Transit & the City of Eagle for annual dues and service
contribution FY 2005/2006 to the October 25, 2005 City Council meeting and ask
Kelli Fairless of Valley Regional Transportation to come and address the Council
with an explanation of how our funds which at this point are proposed for
designation to operate the systems in Nampa, Caldwell, Boise and everywhere else
except the City of Eagle instead be shifted for appropriate planning for
implementation of transportation in the City of Eagle. Seconded by Sedlacek.
Discussion. ALL AYES: MOTION CARRIES...................
Mayor: I would like to add to the agenda at this time the appointment of General Brooks
to the Valley Regional Transit Board. General discussion.
Council would like to have this matter on the next Council Agenda for October 25,2005.
E. Ordinance No. 531: (Sports Complex annexation) 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 #531 be considered after being read once by
title only. Sedlacek reads Ordinance #531 by title only. Seconded by Bastian.
ALL AYES: MOTION CARRIES.................
Sedlacek moves that Ordinance #531 be adopted. Seconded by Bastian.
Bastian: AYE; Sedlacek: AYE; Guerber: ALL AYES: MOTION
CARRIES................................ ...
F. Transportation Improvement Proe:ram recommendations: (WEV)
Mayor introduces the issue.
Zoning Administrator Vaughan: Displays overheads and discusses the proposed
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recommendations.
General discussion on the TIP Program.
Guerber moves to continue this item to the October 25, 2005 City Council meeting to
provide staff time to rewrite with the new priorities that we have identified tonight.
Seconded by Sedlacek. Discussion. ALL AYES: MOTION CARRIES........
Guerber moves to notify ACHD tomorrow that our recommendation is that the
northern route, which would place it north of the possible location of the future
grade school, make the realignment of Floating Feather. Seconded by Bastian.
ALL AYES: MOTION CARRIES...............
Sedlacek moves to trade the positions of #G and #H under New Business and take
up the Mediation of Chad Moffat next. Seconded by Bastian. ALL AYES:
MOTION CARRIES..............
H. Mediation request from Chad Moffat ree:ardine: application no. A-3-0S & RZ-S-
05 - Annexation and Rezone from RUT to R-2 & PP-6-0S - Moffat Subdivision
Mayor introduces the issue.
City Attorney Buxton: Discussion on the request for mediation. General discussion.
Bastian moves to grant the mediation request from Chad Moffat regarding
application no. A-3-0S & RZ-S-OS - Annexation and Rezone from RUT to R-2 & PP-
6-05 - Moffat Subdivision. Seconded by Guerber. ALL AYES: MOTION
CARRIES.........
Bastian: I recommend the Mayor, myself, one member of staff and the City Attorney
participate in the Mediation. Council concurs.
Discussion on notice to the Public and how the mediation will be conducted.
G. Discussion of possiblv hirine: a full time code enforcement officer: (NM)
Mayor introduces the issue. As you know we do not have a code enforcement officer and
we desperately need one. Existing staff is unable to take on these additional
responsibilities. I am recommending that we hire a full time code enforcement officer.
General discussion.
Bastian moves to hire a full time code enforcement officer and establish a job
description and advertise for the position. Seconded by Sedlacek. Discussion. ALL
AYES: MOTION CARRIES........
1. Consideration of filine: a Notice of Protest for an Aesthetic Water Rie:ht.
Mayor introduces the issue.
City Attorney Buxton: I would request that this be heard in Executive Session.
9D. ZOA-S-OS - Zonine: Ordinance Amendment (Proposed Ordinance No. 530) -
City of Eae:le: Ordinance Of The City Of Eagle, Ada County Idaho Amending Eagle
City Code Title 6 "Public Wayand Property" Chapter 5 "Water System", Section 23
"Donation Of Water System To The City", And Title 8 "Zoning", Chapter 7 "Zoning
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Administration and Enforcement", Section 5 "Amendments" And Title 9 "Land
Subdivisions" Chapter 2 "Subdivision Plats And Procedures", And Adding Chapter 3
"Water System" Section 9 "Water System", Providing Clarification And Linkages
Between The Zoning And Subdivision Chapters To The Eagle Municipal Water System
Provisions, Establishing When And How The Provision Of Water Supply Is Required As
A Condition Of Annexation And/Or Approval Of New Development Within The City Of
Eagle., Providing A Severability Clause; And Providing An Effective Date. This item was
continuedfrom the October 11, 2005 meeting (WEV)
City Attorney Buxton: Provides Council an overview of the changes to the ordinance.
General discussion.
Mayor opens the Public Hearing
Mayor swears in Vicky Purdy.
Vicky Purdy, this has caused a lot of problems. Discussion on changing the water rights
from the land to the City, this would be a real problem. General discussion.
Mayor swears in Tom Ricks.
Tom Ricks, 1556 N. Park Lane, I support what you are trying to accomplish. The
shareholders run those companies. If the shares get transferred to the City do you have a
staff person to take on this responsibility?
Mayor closes the Public Hearing
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 #530 be considered after being read once by
title only. Bastian reads Ordinance #530 by title only. Seconded by Sedlacek.
ALL AYES: MOTION CARRIES.................
Bastian moves that Ordinance #530 be adopted. Seconded by Sedlacek. Discussion.
Bastian: AYE; Sedlacek: AYE; Guerber: ALL AYES: MOTION
<:i\RRIICS............
51. DR-77-0S - Common Area Landscapine:. Pool House. and Gazebos within
Corrente Bello Subdivision - Carmen. LLC. and Gemstar Development. LLC:
Carmen, LLC, and Gemstar Development, LLC, represented by Gina Fegler, with The
Land Group, are requesting design review approval of the common area landscaping, pool
house, and two (2) gazebos within Corrente Bello Planned Subdivision. The site is
located on the north side of Floating Feather Road approximately I,300-feet east of
Ballantyne Road at 1400 West Floating Feather Road.
Zoning Administrator Vaughan: Displays an overhead of the site plan and discusses the
parking are for the pool. General discussion.
Bastian moves to approve DR-77-0S - Common Area Landscaping, Pool House, and
Gazebos within Corrente Bello Subdivision. Seconded by Guerber. ALL AYES:
MOTION CARRIES...................
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PRE-COUNCIL REPORTS:
Engineering Report: Vern Brewer, I received a call from United Water and they have
been tracking our water consumption. They are detecting about an 8-9% of unaccounted
for water. This averages about 23 gallons per minute. They have not been able to find
this yet. With Mick being out of the office we will follow up on this.
Discussion on the Well House Construction. Council would like to have Mike look at the
construction of the Well House.
City Attorney Report: We have been working on the Legacy Agreement and Eaglefield
issues, the Chase matter, and issues that need to be discussed in Executive Session.
11. EXECUTIVE SESSION:
A. Acquisition of Private Property - 1.C. S 67-2345 (c)
Mayor introduces the issue.
Bastian moves to go into Executive Session for discussion on the Amended
Application to Appropriate Water for Aesthetic Purposes, No. 63-32169, Threatened
Litigation. Seconded by Sedlacek. Bastian: AYE; Sedlacek: AYE; Guerber: ALL
AYE: MOTION CARRIES...................................
Council goes into Executive Session at 11 :00 p.m.
Council discusses threatened litigation, Amended Application to Appropriate Water for
Aesthetic Purposes, No. 63-32169.
Council leaves Executive Session at 11: 15 p.m.
Sedlacek moves to authorize the City Attorney to move forward and file the Protest
on the Asethetic Water Right No. 63-32169. Seconded by Bastian. ALL AYES:
MOTION CARRIES................
Pre-Council Reports Con't:
City Clerk Report: Do you want to have the Joint Meeting on October 31 51? Council
concurs not to have the Joint Meeting.
Applications for Absentee Ballots are available.
Zoning Administrator Report: Discussion on Arbor Ridge/Ringo Ridge in regards to the
extension to June 1,2006.
Discussion on the letter from Ada County asking for the City to make a recommendation
to their Steering Committee. General discussion. Council concurs to have a staff person
on the Steering Committee.
Discussion on the Ada County Foothills Association.
Discussion on Legacy and Eaglefield development.
Mavor and Council's Report:
Bastian: Reports on the Clean Cities Stakeholders Meeting. We are looking at the
possibilities of creating Bio-Diesel. General discussion.
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I meet with Dana. They have a greenbelt patrol. They won't enforce any laws they will
just encourage compliance. We also discussed Health Community, Health Youth. Their
next meetings if November 14th at Eagle High School.
Eagle High has a stigma of high drug use and drug problems. Some parents are taking
their kids out of Eagle High. Dana is going into the High School and providing drug
education to counteract this perception.
Traffic citations are up 18% with our new officers. We have a neighborhood traffic
officer. Taking vehicles home has been a big boost to moral. They need more space and
they are going to ask for more money when next budget year comes around.
Library report. Items checked out reached 300,000. There are 8% of Boise people who
have cards for our library. We have now reached 60,000 holding. 12% of our books go
out to Ada County and 19% goes out to Boise City. The Library will be receiving
$60,000 from Boise City. We are looking for an agreement with Ada County next year.
Reports on Sheriff Raney's Detox Center. General discussion.
Discussion on property taxes, homeowner's exemption and sales taxes.
Sedlacek: Reports on the meeting discussing property acquisition.
Reports on the meeting with Water Resources. General discussion.
Mayor: Discussion on the 72 Hour Kits. This turned out really well. We still have
enough to do 100 more. We want to get these to the Seniors.
Discussion General Brooks' editorial in regards to natural disasters.
Discussion on the Homeland Security meeting.
The City received $50,000 today from Chuck Carlise for their share of the matching
funds for the Pedestrian Tunnel under Eagle Road.
Discussion on the upcoming election.
Ada County Historical Preservation Council requesting nominations. Council concurs to
nominate Weldon Fisher.
Discussion Eagle Hills Golf Course replicating one of their holes and putting condo' s in
that extra space. General discussion.
12. ADJOURNMENT:
Bastian moves to adjourn. Seconded by Sedlacek. ALL AYE: MOTION
CARRIES.. .
Hearing no further business, the Council meeting adjo~Oli'm.I.2;.?O p.m.
....... ~ OF B-1 ....
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APPROVED:
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Readerboard Reouest Statement
I'm John Adkins President of the Mayor's Youth Advisory Council and Co -
President of the Eagle High School Associated Student Body and I have a special request
from Eagle High School and Principal Terry Beck.
Eagle High School respectfully requests that a "reader -board" be installed on the
external western wall of the Eagle High School gymnasium. For many years the students
of Eagle High School have wanted a reader -board to advertise special events, recognize
award winning students, athletics, clubs and projects and to mitigate current
communication problems between the administration and parents. We recently learned
that a reader -board request was granted to elementary school, and thanks to
the gift from the Senior class of 2005, OUR wish of a reader -board is now finally
possible due to the $3,500 specifically allocated for the purchase of a reader -board.
The reader -board will use low -intensity lights and therefore, will blend with the
building itself so as to not create a distraction and yet will allow Eagle High School the
same rights already afforded to surrounding high schools like Centennial and Meridian.
This is our request and we humbly hope that you will approve this youth project
expediently so we may follow the proper course which you direct. Thank you.
Cc, J.'-pg--oS
Pseudophederin Ordinance Statement
10/18/05
Having analyzed both the research provided and private research pertaining to
meth, pseudophederin and this ordinance and after lengthy and thorough debate, the
Mayor's Youth Advisory Council hereby submit our unanimous support of these
measures and do strongly recommend that the ordinance be signed with haste so as to
cement our commitment as a progressive city which supports family.
The research proving meth's impacts on the community are compelling enough to
support this legislation, but combined with the data quantifying the damage wreaked
upon the youth of a meth impacted community, it would be morally reprehensible for all
policy-making bodies to ignore any action mitigating the ease of creating this devastating
drug. Even if this ordinance just gives the glimpse of a chance of thwarting a meth
"chemist's" ability to produce the foul substance, its worth is one hundred fold. We will
fulfill our moral obligation to the youth of today and tomorrow by supporting this
ordinance and we urge you to do the same. Thank you.
A-10-05 & RZ-14-05 ANNEXATION &
REZONE FROM RUT TO PS -CITY OF EAGLE
PUBLIC HEARING
THE CITY OF EAGLE
CITY COUNCIL
TUESDAY, OCTOBER 18, 2005
7:30 P.M.
ADDRESS/ TESTIFY
NAME
TELEPHONE SUBJECT
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YES/NO? PRO/CON
PROPOSED ORDINACNE NO. 526
AMENDING CONTRACT BETWEEN
BFI AND THE CITY OF EAGLE
PUBLIC HEARING
THE CITY OF EAGLE
CITY COUNCIL
TUESDAY, OCTOBER 18, 2005
7:30 P.M.
ADDRESS/ TESTIFY
TELEPHONE SUBJECT
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YES/NO? PRO/CON
ZOA-5-05 ZONING ORDINANCE AMENDMENT
PUBLIC HEARING
THE CITY OF EAGLE
CITY COUNCIL
TUESDAY, OCTOBER 18, 2005
7:30 P.M.
ADDRESS/ TESTIFY
NAME
TELEPHONE SUBJECT
Page 1 f 1
H:I000NCILIAGENDA\CCSIGNUP. WPD
YES/NO? PRO/CON