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Minutes - 1998 - City Council - 06/23/1998 - RegularEAGLE CITY COUNCIL MEETING MINUTES June 23, 1998 PRECOUNCIL: 6:30 pm - 7:30pm I. Planning & Zoning Commission Liaison Report: (10 minutes) Butler provides Council with a report from the last Planning & Zoning Commission meeting. Butler reports on the Design Review meeting. 2. Eagle City Parks Development Committee: Discussion regarding the establishment of a parks policy for the municipal park usage.(15 minutes) Representative from Committee is not present. 3. Mayor and Council's Reports: Mayor: Chuck Jetters has requested to address the Council about Morning Meadows. Chuck Jetters, 3016 Red Tail Drive, Trail Creek Homeowner's Association. Talks on Morning Meadows. Webster is going ahead and doing what he chooses to do. Mayor: Joint Meeting with Planning and Zoning on June 29t~ and meeting with ACHD on July 7th. Discusses National Parent's Day which is the fourth Sunday in July. Mayor would like to have a Proclamation. Discussion on APA dues. Guerber: No report. Merhll: Reports on the Park's Committee meeting as to park fees. Distributes copies to the Council on park fees. Distributes and discusses the letter from F.A.C.T.S. Reports on the Skateboard Park. July 14t~ meeting with Ada County Commissioners to discuss the Sports Complex Park. The light poles are up at Hill Road and Hwy 55 and Idaho Power will be out in a couple of weeks to provide power. Bastian: Next Library Board meeting is the first Monday in July. Bruce Haaral, Discusses irrigation system at Pine Ridge. Has never worked and we have tried to discuss this with the developer to no avail. Developer is telling everyone to hook-up to City Water if they want irrigation. Butler: Engineer is looking through the files and will do a letter. General discussion 4. City Clerk/Treasurer's Report: Will do a memo to Council as to all of the meetings coming up. Workshop with Mike Mongelli on FEMA. Council would like to have Mike on the Joint Meeting on June 29th. Discussion on the nets for the tennis courts. Budget workshop needs to be set. Council has decided on July 21st for the first workshop. Discussion on Annual Leave. 5. Zoning Administrator's Report: No report. 6. City Attorney's Report: No report. Mayor: Discusses Parents Day. Mayor reports on the APA meeting. Discussion on rodents. Bastian: Discussion on trash pick-up at the City Parks. Mayor states that the plan now is before and after the week-end and that Heritage Park be hosed down. Discussion on the snow cone shack emptying the trash in exchange for the power useage. Discussion on the Heritage Park letters. Guerber: Discussion on a tree inventory for the City. Discusses the Meridian Police Athletic League. Would like to know what will happen to the existing Post Office when it is vacant. Mayor calls a recess at 7:25 p.m. Mayor reconvenes meeting at 7:35 p.m. COUNCIL: 7:30 p.m. 1. CALL TO ORDER: 2. ROLL CALL: Bastian, Merrill, Sedlacek, Guerber. Sedlacek is absent. A quorum is present. Mayor: This is John's last night with us and we would like to give him a card and a gift certificate. Mayor introduces Dave Bieter. 3. PLEDGE OF ALLEGIANCE: 4. 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 Council Member, 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. Minutes of May 26, 1998 B. Minutes of June 9, 1998 C. Claims Against the City D. Eagle Tropical Snow Power Fee: Council member Merrill is requesting Council to establish a $10.00 monthly fee to compensate the City for power usage at Heritage Park by Eagle Tropical Snow. (NM) Removed from the Consent Agenda. E. Lot Split - LS -2-98 - Fred Schimnh: Fred Schimpf, represented by Arrow Land Surveying, is requesting approval of two lot splits for the creation of four lots located on the northeast corner of Dunyon Street and Conover Street at 558 Conover Street. (MLB) F. Findings and Conclusions for Preliminary Plat for Lakeland Estates Subdivision: Project Description - Ron Bath with Lakeland Investors, LLC is requesting preliminary plat approval for Lakeland Estates Subdivision (revised plat), a 23 -acre, 12 -lot residential subdivision located approximately 1,000 feet south of State Highway 44, west of old State Highway 55 (if extended). (MLB) Bastian moves to remove Item 4D from the Consent Agenda. Seconded by Guerber. ALL AYE: MOTION CARRIES Bastian moves to approve the Consent Agenda as amended. Seconded by Guerber. ALL AYE: MOTION CARRIES 4D. Eagle Tropical Snow Power Fee: Council member Merrill is requesting Council to establish a $10.00 monthly fee to compensate the City for power usage at Heritage Park by Eagle Tropical Snow. (NM) Bastian: There is a problem with Tropical Snow tapping into the City power source and it has been red tagged. Bastian moves to continue this item to the next regularly scheduled meeting. Seconded by Merrill. ALL AYE: MOTION CARRIES Page 2 11Eag1c11vol11SHAREDICOUNCILIMINUTESITemporary Minutes Work Area1CC-6-23-98 min.doc Merrill moves to add as Item # 7E the bids for the trees on Eagle Road between the Alternate Route and State Street, and move the Executive Session to Item # 7F. Seconded by Guerber. ALL AYE: MOTION CARRIES ......... 5. UNFINISHED BUSINESS: A. Reconsideration of Evans Subdivision street light installation: Angela Deckers, representing Evans Subdivision Homeowners Association is requesting reconsideration of the above mentioned item. Mayor introduces the issue. Angela Deckers, 2249 Dickey Circle, Eagle. Here on behalf of Evans Subdivision. President of the Homeowner's Association and Evans Water Corporation. Homeowner's Association approved the body of that letter unanimously. Mr. Glubay is not a part of this subdivision and has no authority to represent the homeowners. Most of the homeowner's where the lights were to be placed did not even know about this. We feel that excessive lighting can add to light pollution in the City of Eagle, that the amount of traffic in the Subdivision does not warrant the lights and we feel this is an unnecessary expenditure of taxpayer dollars. General discussion. Guerber moves to rescind the original motion. Seconded by Merrill. ALL AYE: MOTION CARRIES ......... B. Review and award of the re-bid results for the Library. Mayor introduces the issue. Jack Coonee: Distributes the results of the re-bid to Council. We recommend the following awards: Wright Brothers on EL3 Concrete for $144,697, Wright Brothers for Carpentry EL-6 for $12,783.00, Wood By Design for Architectural E1-6A for $48,385, Wright Brothers for Door/Specialties EL-8 for $58,748, and Wright Brothers for Protective Covers EL-10 for $9,177. General discussion. Merrill moves to accept the Eagle Library re-bid results and award the contracts upon the recommendation of Mr. Coonce. Seconded by Guerber. ALL AYE: MOTION CARRIES ............... C. Jack Coonce is requesting Council approval of the relocation of an 8" water line for the Library site. Mayor introduces the issue. Jack Coonce: Received a quote from Eagle Water Company, Inc. Hook-up fee is $1,172.00, 2" water service and meter box is $2,185.00. We are asking for the relocation of an 8" water line and the cost for doing this is $19,515.00. I researched another project with United Water and their cost was $17,225.00 for 325'. General discussion. Bastian moves to approve the cost of moving the 8" water line south of the existing Library site and placing it at the new location under the proposed driveway and the cost of $23,872 be reduced by the amount that would be saved by not digging up the existing water line. Seconded by Merrill. ALL AYE: MOTION CARRIES ............ D. Landscaping for Library - Jack Coonce: Jack Coonce is requesting Council approval for gravel on the Drainage Distr/ct No 2 easement. Landscaping was approved by the Design Review Board. Mayor introduces the issue. Jack Coonce: Apprises the council of an agreement they signed with the Drainage District. With that in mind the Design Review thought the best way to handle this is to gravel and make a walkway from Stierman to Palmento and this is what the Post Office is going to do. Were talking a maximum of 15 feet to the North. General discussion. Coonce would like to know where any additional costs would come from. General discussion. Joe Rausch, Wright Brothers, discusses the size of the sidewalk. Bastian moves to approve a 10' pathway located at the North side of the development and plant the rest of the right-of-way with grass. Seconded by Merrill. Discussion. Bastian amends the motion to 15', Second concurs. ALL AYE: MOTION CARRIES ......... 6. PUBLIC HEARINGS: A. City of Eagle' s intent to exchange real property (Merrill Park Land Exchange). Mayor introduces the issue. Legal Counsel: We are just complying with the State Code on exchanging real property. The Mayor needs to open the public hearing and take testimony. Angela Deckars, 2249 Dickey Circle, Chairman of Park's Development Committee. Voices the Committee's support on this land exchange. Mayor closes the Public Hearing. 7. NEW BUSINESS: A. Ordinance 324: An orcYmance expressing an intent to exchange real property (Merrill Park Land Exchange) 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 # 324 be considered after being read once by title only. Gnerber reads Ordinance # 324 by title only. Seconded by Bastian. ALL AYE: MOTION CARRIES ............... Guerber moves that Ordinance # 324 be adopted. Seconded by Bastian. Bastian: AYE; Merrill: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES ............ B. Extension of Time - Wintry River Crossine Preliminary Plat - David Roylance is requesting an extension of time application for Wintry River Crossing preliminary plat. The applicant states the additional time is needed due to delays caused by lawsuits and settling of various other issues. He is requesting a 1-year extension. The 53.81-acre (now 54.03-aeres) residential subdivision consists of 89 residential lots and is located on the southwest comer of Floating Feather Road and Eagle Road approximately 400-feet west of Eagle Road. (MLB) Mayor introduces the issue. Steve Bradbury, representing Wintry River, my client is out of the country and we request a continuance to the July 14t~ meeting. Discussion. Bastian moves to continue this item to the July 14, 1998 meeting. Second by Guerber. Discussion. 2 AYE: 1 NAY: MOTION CARRIES ............ C. 98-04-S/98-09-PR Moore or Les, Inc., Represented by David A. Bailey with Pinnacle Engineers, Inc.: Moore or Les, Inc., represented by David A. Bailey with Pinnacle Engineers, Inc., is requesting preliminary plat approval for Sweeping View Subdivision, a 4-lot, 20.06-acre residential subdivision with a private road. The proposed subdivision is located on the north side of Valli-Hi Rd, approximately 1,300 feet west of Eagle Road. (This subdivision is located in the Eagle Area of lrnpact.) Mayor introduces the issue. Bob Unger 870 N. Linder Road, we represent the applicant, Moore or Les, Inc. Displays a site plan discusses the same. General discussion. Butler: I recommend that the road be paved. Discussion Bastian moves to approve 98-04-S/98-09-PR Sweeping View Subdivision private road and all of the site specific conditions and any conditions placed upon the Subdivision by the Planning and Zoning Commission and regular Standard Conditions. Seconded by Merrill. Discussion. Does this include Holladay Engineering's recommendations? Bastian amends his motion to include that condition as well. ALL AYE: MOTION AS AMENDED CARRIES .............. D. ITD & ACHD Condemnation Cases: The Zoning Adrrfmistrator would like to discuss lost staff time due to ITD and ACHD condemnation cases and reimbursement for such lost time. (MLB) Mayor introduces the issue. Butler: Informs the City of the time that these matters take him away from his work at the City and wanted to bring this to Councils attention. Council feels that this is a mute point. 7E. Bids for trees on Eagle Road. Mayor introduces the issue. Merrill: Discusses the bids. Franz Witte is the low bidder $3,223. It is not wise to put these trees in until Spring of 1999. General discussion. Bastian suggests that we go with an Ash tree something similar to what the City has on State Street. Merrill to research this and bring back to the Council. Discussion. Merrill moves to continue this to the next meeting. Seconded by Guerber. ALL AYE: MOTION CARRIES ............ Guerber: I would like an update on the lights along this section of Eagle Road. City Clerk updates the Council on the lights. General discussion. Gnerber moves that the City Clerk order an appropriate number of lights to cover all of our needs including spare lights at this point in time. Seconded by Merrffi. ALL AYE: MOTION CARRIES ............ F. EXECiU'IIVE SESSION: Legal Matters. Gnerber moves to go into Executive Session to discuss legal matters. Seconded by Bastian. Bastian: AYE; Merrffi: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES ............ General discussion on legal matters pertaining to land use and Library bidding. Bastian moves to request an addendum to the Library bid package for furnishing for the bid package to extend up to 30 days. Second by Merrill. ALL AYE: MOTION CARRIES ............ 8. ADJOURNMENT: Bastian moves to adjourn. Seconded by Merrill. ALL AYE: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 10:30 p.m. e F.A.C.T.S. Foundation for Ada/Canyon Trail Systems 5657 Warm Springs Ave. — Boise, Idaho 83712-8752 -- (208) 344-7141 July 19, 1998 RECEIVED & FILED CITY OF EAGLE JUN 231998 Mayor and City Council FilQ. City of Eagle Route to: ATTN: Nancy Merrill 310 E. State St. Eagle, ID 83616 Dear Mayor and Council: Subject: City of Eagle/Ada County Trails on BLM Lands in the Foothills North of Eagle I am writing to you on behalf of the Board of Directors of what was formerly known as the Boise River Trail Foundation, Inc., and is soon to be known as the Foundation for Ada/Canyon Trail Systems, Inc. This nonprofit corporation was originally formed by Ward Parkinson, Tom Stitzel, and Don Nelson, and was very effective in assisting with the development of the Boise Greenbelt. It has been recognized that the scope and need for the development of recreational trail systems throughout Treasure Valley is broader than just the Boise Greenbelt and this corporation is being reformed in order to meet that need. Please note that the corporation's purpose will be to enhance safety of recreationist and commuters and to provide and encourage provisions for nonmotorized use of trail systems for the benefit of the general public. The corporation also desires to work with cities, counties, highway districts, state, federal and other public or private entities to expand and improve trail systems in Ada and Canyon counties. Our Board of Directors has members from both Ada and Canyon counties and current membership in the foundation includes representatives of various state, county and city agencies. We wish to communicate our support to the City of Eagle for its consideration of a proposed City of Eagle/Ada County trail system in the BLM, state, and private lands Mayor and City Council Page 2 June 19, 1998 which are lying north of the City of Eagle. It is important that the development of trail systems be done in a coordinated way and the involvement of appropriate governmental entities ensures that this type of development is done in a manner that will provide a lasting legacy and ensure that trail system development is done early enough that future development does not foredose opportunity. It is our understanding that the issue before you is the establishment of equestrian and other nonmotorized use trail systems in those lands lying north of the City of Eagle. We believe this is an excellent opportunity for the City to move forward to develop recreational amenities in its region. Our foundation offers our assistance to you in this effort. Please feel free to direct your communications in response to FACTS, Attn: Judy Peavey -Derr, 5657 Warm Springs Avenue, Boise, ID 83712. Very truly yours, Judy Peavey -Derr Board of Directors wfg/cjv f:Vcomp\tvbilcpth\agleltr.wpd 3 —Gd' ') :to):014-., .tie) 9,110 TIMES A V4,mAL 11 A.M. to 3 P.M. 4 P.M. to 8 P.M 11 A.M. to 8 P. e s elter`fee inc u. es 2 par ng spaces oca s at the shelter. Have persons in y party give the name of your group to the parking booth attendant as they enter the i) "-, : ction. Each additional vehicle will be charged the $4.00 parking fee at e. "arking is available on a "first come/first served" bas'_ .' $40.00 deposit is required. Each p. /even s • 11: i' `, or their o i .. i p 'lC rea must be clean and the trash cans emptied into the large dumpster in order for the deposit to be refunded. All rented.equient must be returned in the original condition at the end of your function: If eq ment is damaged or mi sin , •ur de.osit will not be returned. SPECIAL EVENTS Events with 100 people or more are required to fill out a separate form. Security is required and will be obtained by the park throu.. ' e Ada County Sheriff's Department. The fee is $25.00 per hour per officer & RESERVATIONS our Check payable to and mail it to: Ada County Barber Park 4049 S. Eckert Road ise, Idao 8370 11 refund will be issued, provided e.receive;.a notice of cancellation 2 we- our scheduled, NFORMATION ube Rental Information 343-6564 43-1328 Ponderosa State Park P.O. Box A McCall, Idaho 83638 (208)634-2164 Dear • We have received your reservation fee of $25.00 and have reserved the day use shelter for the day of , during the hours of A day use fee of $3.00 is charged at the entrance of the Park for each vehicle. Sincerely, IDAHO DEPARTMENT OF PARKS & RECREATION ORGANIZED GROUP SHELTER RESERVATION... PONDEROSA STATE PARK P.O. BOX A McCALL, IDAHO 83638 . PHONE 634-2164 TDPR # 40-3A SHELTER: DATE OF APPLICATION NAME ADDRESS PHONE DATE OF USE ARRIVAL TIME DEPART PURPOSE OF PROPOSED EVENT: NUMBER IN GROUP TYPE OF BEVERAGE SERVED WILL A FEE BE CHARGED OR DONATIONS COLLECTED? YES / NO LEADERS (AT THE PARK) NAME ADDRESS RESERVATION FEE: $25.00 Reservations are on a first paid basis. To obtain a reservation please complete this form and enclose a $25.00 non-refundable reservation fee. A receipt and confirmation letter will be returned to you. The Park Manager shall have the authority to deny reservations to any group whose prior behavior has been unacceptable. A cleanup deposit may be required. Extra fees may be required for Groups needing special considerations. DAY USE HOURS ARE 8:00 AM TO 10:00 PM A $ 3.00 motorized vehicle entry fee is charged per day for each vehicle entering the Park. PONDEROSA STATE PARK P.O. BOX A MICCALL, ID 83638 (208) 634-2164 ALCOHOL PERMIT 1.This permit is required for all those possessing beer containers with capacities over 64 fl. oz. (1 gallon) within the boundaries of Ponderosa State Park including the North Beach unit, and Lakeview Village. 2. Permits must be obtained by a responsible party upon entering Ponderosa State Park or Lakeveiw Village and are available at the registration desk. At North Beach a permit can be acquired from the ranger on duty. 3. Permittee is required to abide by all park rules and is responsible for all members in the party. 4. A11 persons consuming alcoholic beverages must babe an I.D. showing proof of age, and must be at least 21 years of age. Date of Application Date of use Name of group or organization Address Street, Telephone Number City State Zip Number in Group Date and time of arrival Date and time of departure Type and amount of alcoholic beverage to be brought in Contact person name Signature of applicant ID number on keg or party ball Approved by Violations of this permit, park rules or state statues may result in confiscation of alcohol, eviction from park and/or citations. address CONTRACTOR EL -3 CONCRETE Wright Brothers ✓ WT Seufert Construction EL -6 CARPENTRY Wright Brothers ✓ EL -6A ARCHITECTURAL WOODWORK Wood By Design v Yes Yes Yes $ 48,385.00 N/A N/A Award Contract Wright Brothers Yes Yes Yes $ 50,068.00 N/A N/A EL -8 DOOR/SPECIALTIES Wright Brothers ✓ Yes Yes Yes $ 58,748.00 N/A N/A Award Contract Sundance Construction Yes Yes Yes $ 76,576.00 N/A N/A EL -10 PROTECTIVE COVERS Wright Brothers ✓ Yes Yes Yes $ 9,177.00 N/A N/A Award Contract Idaho Electric Sign Yes Yes Yes $ 11,600.00 N/A N/A EAGLE LIBRARY REBID RESULTS BID DATE June 18, 1998 PUBLIC WORKS 0 z 0 0 m ADDENDUMS 0 Ea l) ALTERNATES ALLOWANCES c•c - .2 3_ 9`P' RECOMMEDATION Yes Yes Yes $144,697.00 N/A N/A Award Contract Yes Yes Yes $191,948.00 N/A N/A 'Yes Yes Yes $ 12,783.00 N/A NIA Award Contract ' JUN -22-98 MON 03:57 PM . Stephen A. Bradbury Oak FAX NO. 00110, (IC 6- 2 3_Ytr-P, 02/02 Janes • Gledhill • Hess • , ►drew& Fuhrman Bradbury & Eiden, P.A. ATTORNEYS AT LAW June 22, 1998 VIA FACSIMILE Mayor Yzaguirre 310 E. State Street Eagle, ID 83616 RE: Wintry River Subdivision — Extension of Time Application Dear Mayor Yzaguirre: As you know, this firm represents Jayo Construction, Inc., the developer of the above -referenced subdivision. I received a copy of Mr. Butler's staff report on the request for a time extension today (June 22, 1998), which request is apparently scheduled to be heard by the City Council at its meeting tomorrow night. In his report, Mr. Butler recommends that the original subdivision application be deemed invalid as a result of property ownership issues described in that report. Our client would, I am sure, be pleased to address these issues with the City Council but is, unfortunately, out of the country until the end of the month, In order that we might have adequate time to respond to the issues raised in Mr. Butler's report after Mr. Jayo's return, I request that the City Council's consideration of the time extension application be continued until the council meeting of July 21, 1998. Thank you for your attention to this matter. Very truly yours, S ephen A. Bradbury SAB:ams cc: Dave Roylance John McFadden P.O. Dox 1097. 877 Main Street, Suite 500 • Boise, Idaho 83701 Phone (208) 331-1170 • Fax (208) 331-1529 E -Mail Address: jgaidalaw.com Jun 23,1998 12:07PM FRC—Ttoppello Attorneys TO 9396 — rItANK W. HTOPPELL4) FRANK Ill, STOPPELLO ATTOPINICYP AND I1)I7NI4F.L(1NY AT LAW ego WF.4T HAYN NTHICICT tH PIMl, 11,A116 077011 June 23, 1998 JURY A. KINER TACH11i1LE ,¢OBI 3361007 J3-I�P.02 1 RECEIVED & FILED CITY OF EAGLE JUN 2 3 1998 File: Route to: 61 ( TYCLItPHONY ot011, 336.10110 TRANSMITTED VIA FACSIMILE TO 1218) 219-6827 Mayor Yzaguirre and City Council Members City of Eagle Eagle City Hall Eagle, Idaho 83616 Re: Wintry River Crossing Subdivision Dear Mayor and City Council Members: I write concerning Doug Jayo's request for an extension of time. Mr. Jayo has shown no reason for his delay of proceeding with the final plat once the Idaho Supzeme CourL made its ruling over one year ago. Mr. Jayo's failure to proceed in a timely manner is absolutely no legal reason to grant him an extension. More importantly, it is clear from the facts in the record and the Zoning Administration Staff Report dated June 16, 1998, the extension cannot be granted without a violation of law. The original Application was erroneous and cannot be used as the basis for the final plat. The Preliminary Plat submitted to the City did not show the out -parcels being created and if the final plat of this subdivision is approved, the out -parcels would be created in violation of Eagle City Code. What is more devastating is that all of the public hearings pertaining to the erroneous Application are invalid and void. The Idaho Supreme Court has ruled this matter could not be heard by the Courts until the adoption of the final plat. If you allow this extension for the purpose of adopting a final plat based upon the present record, it is my opinion the Idaho Suprcme Court will strike down this final plat. Please consider this objection to be part of my continuing objection to this project. Sincerely, C4(1/121ele Frank W. Stoppello Attorney at Law TOTAL P.02 EAGLE CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Subject: City of Eagle's intent to exchange real property. (Merrill Park Land Exchange) June 23, 1998 7:30 P.M. PLEASE PRINT LEGIBLY NAME ADDRESS TELEPHONE PRO? CON? 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