Minutes - 2005 - City Council - 11/29/2005 - Special
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EAGLE CITY COUNCIL
Special Meeting Minutes
November 29, 2005
PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m.
Mayor: The Special City Attorney, Susan Wildwood, has asked for an Executive Session for
pending or threatened litigation. I need a motion to go into Executive Session.
So moved by Nordstrom. Seconded by Sedlacek. Bastian: AYE; Sedlacek: AYE; Guerber:
AYE; Nordstrom: AYE: ALL AYES: MOTION CARRIES..................
Council goes into Executive Session at 6:36 p.m.
Council discusses pending or threatened litigation.
Council leaves Executive Session at 7: 15 p.m.
I. City Clerk/Treasurer Report: I am having my knee surgery on Thursday, December IS'.
Discussion on the purchase of the Ada County property for the water storage tank.
Discussion on the City Seal.
2. Mayor and Council's Report:
Sedlacek: No report
Mayor: Reports on Mayor's Youth Action Council. The members will begin serving on boards
after the first of the year. The members are looking for families to sponsor for Christmas.
Bastian: Reports on Design Review meeting. Discussion on Paramount Parks, Doug Jayo's
property that was before Design review. This will be placed on the agenda under New Business.
Nordstrom: Discussion on a meeting with a scout troop who would like to have a springtime
project. General discussion.
3. City Engineer Report: No Report
4. Zoning Administrator's Report: Moved to the end ofthe Agenda
5. City Attorney Report: Moved to the end of the Agenda
REGULAR COUNCIL AGENDA: 7:30 p.m.
I. CALL TO ORDER: Mayor calls the meeting to order at 7:35 p.m.
2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. All present. A
quorum is present.
3. PLEDGE OF ALLEGIANCE:
4. PUBLIC COMMENT: None
Bastian moves to amend the Agenda by adding at Item #10D. Paramount Parks at Eagle.
Seconded by Guerber. ALL AYES: MOTION CARRIES...................
5. CONSENT AGENDA:
. Consent Agenda items are considered to be routine and are acted on with one
motion. There will be no separate discussion on these items unless the Mayor, a
Councilmember, member of City Staff, or a citizen requests an item to be removed
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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. No Claims
B.Appointment to the Desil!:n Review Board: The Mayor is requesting Council
confirmation of Paul Mac Donald to the Design Review Board. Mr. Mac
Donald's will be serving a three year term. (NM)
C. Appointment to the Desil!:n Review Board: The Mayor is requesting Council
confirmation of Dawn Wright to fulfill the balance of a vacated term. Ms.
Wright's term will expire in July of2008. (NM)
Nordstrom moves to approve the Consent Agenda. Seconded by Guerber. ALL A YES:
MOTION CARRIES.......................
6. PROCLAMATIONS & RESOLUTIONS:
A. Resolution 05-26: Authorizing the destruction of records. (SKB)
Mayor introduces the issue.
City Clerk: I'm recommending that this resolution be withdrawn because under the new records
retention laws, temporary records need to be kept for two years. Some of the Home Occupation
Applications can be destroyed but we need to bring that back to you on its own resolution.
Sedlacek moves to withdraw Resolution No. 05-26 and have the City Clerk bring a
corrected resolution back to Council. Seconded by Bastian. ALL AYES: MOTION
CARRIES........ ..
7. FINAL PLATS:
A. FPUD-05-05 & FP-09-05 - Final Development Plan and Final Plat for RiversEnd
Subdivsion No.3 - Howell-Kiser Development Corp.: Howell-Kiser Development Corp. is
requesting final development plan and final plat approval for RiversEnd Subdivision No.3, an
I I-lot (6-buildable, 5-common) residential subdivision. This 25.1 08-acre phase of RiversEnd
Subdivision PUD is located between the North and South Channels of the Boise River
approximately 'h -mile east of Eagle Road on East Island Woods Drive. (WEV)
Mayor introduces the issue
James W. Kiser, President of Howell-Kiser Development Corp, provides Council an overview of
Phase 3 of Rivers End Subdivision. We have decreased the lots to 6 and we have increased the
common area by one-half acre. We agree with the findings from the Planning and Zoning
Commission.
Zoning Administrator Vaughan, displays an overhead and provides Council an overview of Phase
3. Planning staff and City Engineer have recommend approval of Phase 3 and that it is substantial
compliance to the preliminary plat.
General discussion.
Bastian moves to approve FPUD-05-05 & FP-09-05 - Final Development Plan and Final
Plat for RiversEnd Subidivsion No.3 with the Site Specific and Standard Conditions of
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Approval. Seconded by Nordstrom. Discussion. ALL AYES: MOTION CARRIES.........
B. FP-8-05 - Final Plat for Pony Hollow Subdivision - E. Thomas and Connie Jones: E.
Thomas & Connie Jones, represented by Tealey's Land Surveying, are requesting final plat
approval for Pony Hollow Subdivision, a 14-lot (9-buildable, 5-common) residential subdivision.
The 21.55-acre re-subdivision of Lots 1-4, Block 1, of Pony Subdivision, is located south of
Beacon Light Road, approximately 1 ,500-feet east of North Ballantyne Lane. (WEV)
Mayor introduces the issues.
Pat Tealey, representing the applicant, we have worked with staff for the last month to satisfy all
of the conditions. I'm here to answer any questions.
Zoning Administrator Vaughan, displays overheads and provides Council an overview of the
project. Staff has recommend approval of the final plat and it is substantial compliance with the
preliminary plat. Discussion on the concerns from Holladay Engineer. Discussion on irrigation
water. Discussion on the fence along the canal. General discussion.
Pat Tealey, we responded on November 1st to Holladay Engineers concerns. Discussion on the
irrigation water. We have 2.2 shares in Farmer's Union Canal.
Nordstrom moves to approve FP-8-05 - Final Plat for Pony Hollow Subdivision with all
Site Specific Conditions noted by staff and all items noted in Holladay Engineering's
November 1,2005, letter be accommodated in behalf of this application. Seconded by
Guerber. ALL AYES: MOTION CARRIES....................
C. FP-12-05 - Final Plant for Covenant Hill Subdivision - Hillview Development
Corporation: Hillview Development Corporation, represented by Mark Butler with Land
Consultants, Inc. is requesting final plat approval for Covenant Hill Subdivision a 45-lot (41-
buildable, 4-common) residential subdivision. The 47.8-acre subdivision is located on the south
side of Floating Feather Road approximately one-quarter mile east of Ballantyne Lane, at 1501 &
1601 W. Floating Feather Road.
Mayor introduces the issue.
Council Member Sedlacek: I need to declare a conflict and step down.
Council Member Sedlacek joins the audience.
Mark Butler, Land Consultants, staff has reviewed and Holladay Engineering has reviewed and
we are in agreement. Provides Council an overview of the project. Displays an overhead of the
plat. Discussion on Lots 11 and 12. Discussion on Condition No.5 in the Staff Report.
General Council discussion.
Pat Miller, 959 Preakness, discussion on his concerns with the subdivisions. My concern is with
a 30' wide set back. If they put a deck or patio they could be within 10' of the fence line where
my livestock and then they would have problems with our livestock. General discussion.
Zoning Administrator Vaughan, displays an overhead, staff has reviewed the application and has
recommended approval. Discussion on the set backs for Lot 11 and Lot 12. Discussion
Condition No.5.
Guerber moves to approve FP-12-05 - Final Plat for Covenant Hill Subdivision with the
recommendations of staff excluding Condition No.5. Site specific condition No 9: That on
Lot 11 that the building envelop for the primary structure be no greater than 135' from the
property line property line between Lots 10 and 11. Site specific condition No. 10: That lot
12 the building envelop of the primary resident be no greater than 180' from the front of
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mid-point westerly property line adjacent to the street. Seconded by Nordstrom.
Discussion. ALL AYES: MOTION CARRIES.....................
8. PUBLIC HEARINGS:
A. V AC-03-05 - Vacation of utility easement within Merrill Subdivision No.2 - Bob
Erland. Bob Erland, represented by Tim Mokwa, RLA, with Toothman-Orton Engineering
Company, is requesting City approval of a vacation to remove an existing utility easement that
was created as part of a previous record of survey. The utility easement is no longer needed due
to a re-subdivision of the parcel. The site is located on the south side of East Iron Eagle Drive
approximately one hundred twenty feet (120') east of South Fitness Place.
B. V AC-04-05 - Vacation of access easement for Lot 8 and Lot 6, Block 3. Merrill
Subdivision No.2. - Rockv III. LLC, Rocky III, LLC, represented by Tim Mokwa RLA, with
Toothman-Orton Engineering Company, is requesting approval of a vacation to remove the
existing access easement for access Lot 8 and Lot 6, Block 3, Merrill Subdivision No.2. The 4.3-
acre commercial subdivision is located at 1189 and 1267 East Iron Eagle Drive within the Rocky
Mountain Business Park. (WEV)
Mayor introduces the issue. We will hear Item #8A and Item #8B together but with separate
motions for each.
Mayor swears in Jay Hovde
Jay Hovde, Toothman-Orton Engineering Company, representing the application, I'm here to
stand for questions. General discussion.
Zoning Administrator Vaughan, displays overheads and provides Council an overview of the
request for vacations. General discussion.
Mayor opens the Public Hearing
Mayor closes the Public Hearing
Nordstrom moves to approve V AC-03-05 - Vacation of easements created in the notes of
the Record of Survey (ROS) finalizing the Lot Line Adjustment, LLA-02-01creating Parcel
C. Parcel C consisted of all of Lot 9 and portions of Lot 11 and Lot 8, Block 3 of Merrill
Subdivision No. 2- with all site specific and standard conditions of approval. Seconded by
Seconded by Sedlacek. Discussion. Nordstrom amends to request that the Sewer District
and Water Companies be provided with new record drawings as a condition of approval.
ALL AYES: MOTION CARRIES....
Nordstrom moves to approve V AC-04-05 - Vacation of access easement for Lot 8 and Lot
6, Block 3, Merrill Subdivision No.2 with all site specific and standard conditions of
approval adding that the new record drawings be sent to the Sewer District and Water
Companies. Seconded by Sedlacek. ALL AYES: MOTION CARRIES......
Bastian moves to amend the agenda to move New Business Item #lOD to be heard at this
time. Seconded by Nordstrom. ALL AYES: MOTION CARRIES................
D. Paramount Parks at Eal!:le.
Mayor introduces the issue.
Doug Jayo, I made a change, did not get it approved but we did submit to get approval of a
change I made in October. Because of time restraints we were not heard. We now have a tenant
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and we do not have approval so I can get an occupancy permit. I am willing to put up a surety.
General discussion.
City Attorney: I want to know from Mr. Jayo that he owns the building and will remain the
owner of the building ifhe is going to put up a surety.
Mr. Jayo states that he owns the building and will retain ownership of the building. I have a
meeting with Design Review tomorrow. I am looking for a temporary occupancy.
General discussion.
Bastian moves to approve the issuance of a temporary occupancy permit in the matter of
the Paramount Parks at Eagle development with a Letter of Credit to assure the
completion of the landscaping for $42,000, sign $800, extruded curbing $2,000, dumpster
enclosure $1,000, and additional siding $24,000 so the entire building will look like that
approved by Design Review. That the total amount of the Letter of Credit is to be $104.700
and that all items referred to be completed by June 1, 2006. Seconded by Sedlacek.
Discussion. Bastian amends the motion to include that Mr. Jayo retain ownership of the
building until the improvements are made or the Surety is released. Second concurs. ALL
AYES: MOTION CARRIES..............
9. UNFINISHED BUSINESS:
A. Eal!:le Ranch Parks and Pathway.
Mayor introduces the issue.
City Attorney Buxton: Bill took some pictures so we could get some dimensions. Council
reviews the pictures.
Zoning Administrator Vaughan, displays an overhead and discusses the pathway. General
discussion.
General Council discussion.
Council concurs to have a survey and work with Mr. Rabdau to complete his fence.
This item will come back to the Council the last Council meeting in January, 2006.
B. Rinl!:o Ridl!:e Al!:reement: (SEB & SJB)
Mayor introduces the issue.
City Attorney Buxton: Discusses the draft agreement. General discussion. Mr. Schumacher
would like to have another week to get this figured out.
Sedlacek moves to table the Ringo Ridge Agreement and send back to staff and be brought
back to Council when it is completed and ready to be acted upon. Seconded by Nordstrom.
ALL AYES: MOTION CARRIES.....................
Further Council discussion.
10. NEW BUSINESS:
A. Ordinance No. 537: An Ordinance Of The City Of Eagle, Idaho, A Municipal Corporation
Of The State Of Idaho, Amending Title 2, Chapter 6 Section 2 Of The Eagle City Code By
Decreasing The Number Of Members On The Eagle Arts Commission From Seven (7) To Five
(5); And Providing An Effective Date. (SKB)
Mayor introduces the issue.
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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 #537 be considered after being read once by title only. Guerber
reads Ordinance #537 by title only. Seconded by Nordstrom. ALL A YES: MOTION
CARRIES.............. ...
Guerber moves that Ordinance #537 be adopted. Seconded by Nordstrom. Bastian: AYE;
Sedlacek: AYE; Guerber: AYE: Nordstrom: AYE: ALL AYE: MOTION CARRIES......
B. Ordinance No. 534 (Dustin Simpson property): 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 #534 be considered after being read once by title only. Sedlacek
reads Ordinance #534 by title only. Seconded by Guerber. ALL A YES: MOTION
CARRIES.............. ...
Sedlacek moves that Ordinance #534 be adopted. Seconded by Bastian. Bastian: AYE;
Sedlacek: AYE; Guerber: AYE: Nordstrom: AYE: ALL AYE: MOTION
CARRIES... ... ......
C. Ordinance No. 535: (Covenant Hill Property): An Ordinance Changing The Zoning
Classification Of The Real Property Described Herein From A (Agricultural) Classification To
R-l-Da (Residential- One Dwelling Unit Per Acre With A Development Agreement)
Classification; Amending The Zoning Map Of The City Of Eagle To Reflect Said Change; And
Providing An Effective Date. (WEV)
Mayor introduces the issue.
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 #535 be considered after being read once by title only. Bastian reads Ordinance
#535 by title only. Seconded by Guerber. ALL AYES: MOTION CARRIES.................
Bastian moves that Ordinance #535 be adopted. Seconded by Nordstrom. Bastian: AYE;
Sedlacek: ABSTAIN; Guerber: AYE: Nordstrom: AYE: ALL AYE: MOTION
CARRIES...... ... ......
11. ADJOURNMENT:
Guerber moves to adjourn. Seconded by Bastian. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 9: 1 0 p.m.
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'ARAANT NT PARKS
at Eagle
815 Eagle Road Eagle, ID 83616
Phone (208) 939-9978 • Fax (208) 939-1889
E-mail: info@paramountassistedliving.com
0
November 29, 2005
Barb Cerda
Eagle City
310 E. State Street
Eagle, Id 83616
Re: Paramount Parks at Eagle
815 N. Eagle Road
Eagle, Idaho 83616
The total cost to place hard board siding on the structure as originally approved as shown
on the plans would be $24,000.
ince%e1y,
�ouglas Jay9/ l
Jayo Construction, Inc.
. JAY° morCONSTRUCTION,i INC.
PLAZA POINTE, 1323 S. FIVE MILE RD.
BOISE, IDAHO 83709 (208? 322-3663
November 28, 2005
City of Eagle
Attention: Barb Cerda
310 E. State St.
Eagle, ID 83616
RE: Paramount Parks
815 N. Eagle Road
Dear Barb:
The cost of items to be completed is as follows:
1. $42,000.00 Complete landscaping
Landscaping is 60% complete. There is a total of fifty eight tress with
approximately 25 planted as of 11/28/05.
2. $800.00 Sign
3. $2,000.00 Extruded Curbing
4. $1,000.00 Dumpster Enclosure
5. ,y t cue c v Additional Siding
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP SHEET
Subject VAC -04-05 — Vacation of access easement for Lot 8 and Lot 6, Block 3,
Merrill Subdivision No. 2. — Rocky III, LLC.
November 29, 2005 7:30 p.m.
ADDRESS/ TESTIFY
NAME TELEPHONE SUBJECT YES/NO? PRO/CON
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EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP SHEET
Subject: VAC -03-05 — Vacation of utility easement within Merrill Subdivision No. 2 -
Bob Erland
November 29, 2005 7:30 p.m.
ADDRESS/ TESTIFY
NAME TELEPHONE SUBJECT YES/NO? PRO/CON
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