Minutes - 1998 - City Council - 07/14/1998 - SpecialEAGLE CITY COUNCIL
SPECIAL MEETING
MINUTES
July 14, 1998
ORIGINAL
PRE-COUNCIL AGENDA: 6:00 p.m. - 6:30 p.m.
1. John Bertram will be presenting information on the entry statement signage.
Mayor introduces John Bertrum.
John Bertrum: Displays an overhead of the site plans for the entry statements and discusses the
same. Proposing a three year phase for the entry statements signs. Alice Thomlinson is willing
to donate her parcels to the City which will enhance the entry signs. Entry statements at North,
South, East and West side of the City. Would like to refer to the historic core of the City as "Old
Town Eagle". Discusses the budget for payment of the entry statements signs. Budgeted amount
for FY98/99 would be $43,652. Budget amount for FY99/2000 would be $44,384 and budget
amount for FY2000/2001 would be $44,384.00. General discussion. The Chamber of Commerce
is contributing $i 1,400 towards the entry signs the first year. This has been a great cooperative
effort between the Chamber of Commerce, the public and the City of Eagle.
John Evans: Discusses his berm and landscaping in conjunction with his development. Needs to
have the water and power in place. Water and power to the site would cost less than $4,000.00.
Mayor calls a recess.
Mayor reconvenes meeting.
COUNCIL: 6:30 p.m.
1. CALL TO ORDER:
2. ROLL CALL: Bastian, Merrill, Sedlacek, Guerber. All present. A quorum is present.
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.
Merrill moves to remove Item E from the Consent Agenda and moves to approve the
Consent Agenda as Amended. Seconded by Guerber. ALL AYE: MOTION CARRIES...
A. Minutes of June 23, 1998
B. Minutes of June 29, 1998
C. Claims Against the City
D. Resolution 98-11: A resolution modifying Ada Planning Association Articles of
Agreement: General membership contribution formula. (RY)
E. Approval of low bid for purchase and installation of 11 Ash trees to be place on
Eagle Road, and one replacement tree on State Street. Removed from the Consent
Agenda.
4E: Approval of low bid for purchase and installation of i 1 Ash trees to be place on Eagle Road,
and one replacement tree on State Street.
Merrill I have found a Northwood Maple that can be planted in the place of the Ash trees. These
trees will cost $50.00 more a tree for a total of $550.00. These trees can be planted this year and
we won't have to wait until spring.
Sedlacek moves to approve the Northwood Maple trees with an additional cost of $550.00.
Seconded by Merrill. ALL AYE: MOTION CARRIES .........
5. UNFINISHED BUSINESS:
A. Discussion of Ada County Sports Complex funding.
Mayor introduces Roger Simmons, Ada County Commissioner, and Donna Griffith, Ada County
Parks and Waterways.
Donna Griffith displays an Ada/Eagle Community Park Master Plan and distributes a proposal
for work to the City Council and provides an overview for the City Council. Discusses a letter to
the Idaho National Guard and impact fees for the City of Eagle. General discussion.
Simmons discusses a countywide impact fee district.
Dan Baird, Beck & Baird, provides an overview of the plan for the City Council and refers to the
display of the Ada/Eagle Community Park Master Plan. General discussion.
Donna Griffith: We are looking for what we can expect as a commitment from the City of Eagle.
Mayor: We are just starting our budget process and by the end of the month we will be able to
get back with you on what the City can commit to.
B. Ada County Sheriff's Denartment: Capt. Douthit will present Council with a law
enforcement contract proposal for 1998-1999 fiscal year.
Mayor introduces Capt. Douthit, Ada County SheriWs Office.
Capt. Dan Douthit: Discusses the Cop Grant that the Sheriffs Office has received which would
allow 3 additional Officers for the City of Eagle. Displays an overhead of the proposed 4 year
contract and provides an overview of the same. We have funding to setup a modular substation
to be placed on City property. It would be used by the deputies in North Ada County. 12x60
modular. This would allow for almost full time coverage for the City. General discussion.
Mayor: This information will be taken to our budget hearings.
General discussion among the City Council
C. Eaele Tronical Snow Electrical Fee - Debbie Small: This item was continued from the
June 23, 1998 meeting.)
Mayor introduces the issue.
Debbie Small, Tropical Snow. Discussion on the red tag on the electrical connection. We have
taken care of the problem and I think everyone is satisfied with the electrical connection.
Merrill: The Small's have offered to help with the clean up in the park.
Small: Our trash container is being used for trash from other places and we are wondering what
the schedule is for the trash to be emptied at Heritage Park. General discussion.
Bastian: I have emptied trash at the park and the City needs to have the trash emptied possibly
daily. General discussion.
Small: We have been trying to take care of the Park and we possibly might be interested in
trading emptying the trash in exchange for the power on the City bill.
Council discussion.
Bashan propose paying the Small's a fee for trash pickup and cleaning the park as needed and
waive the power. We could setup an hourly rate.
Bashan moves to request the Mayor to work with Snow Shack ownership and devise a
service contract for cleaning up the Park and come back with a proposal at the next
Council meeting. Seconded by Merrill. ALL AYE: MOTION CARRIES ............
D. Review and award of the bid results for the Library.
Mayor introduces Jack Coonce, Oppenheimer Development.
Jack Coonce: Reviews the bids for Bid Packages 1, 3, and 4 with the Council
Bastian moves to accept the bid Packages for 1, 3, and 4 for the Library as proposed by Mr.
Coonce. Seconded by Merrill. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber:
AYE: ALL AYE: MOTION CARRIES .........
E. Contract for Desien Services for Proposed Skateboard Park - Phil Hull:
Mayor introduces the issue.
Dave Koga, The Land Group, provides some background history on the Skateboard Park for the
City Council.
General discussion on the scope of work on the proposed contract.
Koga displays an overhead on the Master Plan for the Entry ParkdSkate Park and discusses the
same.
Merrill: Discusses the funding for the Skateboard Park. I have reviewed the costs and have a
budget plan for phasing in the cost of construction on the park. General discussion on some
possible grants and fund raisers that the kids are planning. Also we are expecting some
contributions towards this park.
Guerber moves to enter into an agreement with The Land Group for compensation to
prepare the schematic designs and development work and construction document
preparation as outlined in this Agreement for $28,472.50. Seconded by Merrill.
Discussion. Bastian: AYE; Merrffi: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE:
MOTION CARRIES .........
F. Request for Extension of Time - Wintry River Crossing Preliminary Plat - David
Roylance: David Roylance is requesting an extension of time for Wintry River Crossing
preliminary plat. The applicant states thc 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-acres) 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. (This item was continued from the June 23, 1998 meeting.) (MLB)
Mayor introduces the issue.
Dave Roylance, 391 W. State Street, representing the applicant. This is for a time extension and
is it also to address the issues that are brought up in Mr. Butler's memo. Displays a site plan for
Wintry River Crossing and discusses the project. General discussion.
Butler: You have my Staff Report and I don't think I need to respond. Discusses the criteria for
lot splits.
Veto Brewer, Holladay Engineering: Discusses Holladay Engineering's letter in reference to
Mark's StaffReport and this project.
Dave Roylance: Provides additional commit in regards to what Veto Brewer has stated.
General Council and Legal Counsel discussion.
Bastian moves to deny the request for extension of time. Seconded by Sedlacek. THREE
AYES: ONE NAY: MOTION CARRIES ............
Mayor calls a recess at 9:15 p.m.
Mayor reconvenes at 9:25 p.m.
G. Morning Meadows Manufactured Home Park final plat - Request for Waiver and
modification of conditions and modification of site plan - Bill Webster:
--- PUBLIC COMMENT WILL BE TAKEN ON THIS ITEM ---
Edge Development, represented by Bill Webster, is:
1. Requesting Council approval for building permits to be issued prior to looping the water
system with the conditions that a surety letter of credit is posted for the system, and that
no certificates of occupancy be issued until the system is looped.
2. Requesting that Council direct the Zoning Administrator to issue building permits before
the final plat is recorded.
3. Requesting that Council waive site specific condition//9 which states: The plat shall
restricted to Seniors only, age 55 and over.
4. Requesting that Council approve a revised site plan which allows space #51 and #52 to
be open space land, and not residential spaces, to be incorporated into the open space
area in the center of the development, allows a lot (replacing lot #51) to be provided at
the north end of the project within the open space area at the north end of the project,
allows the lots along Highway 55 to be reduced in width from approximately 53-feet to
50-feet to allow an additional lot (replacing lot #52) along Highway 55, and to provide
useable amenities within the open space areas (i.e.: swing set, benches, basketball court).
Mayor introduces the issue.
Butler: Mr. Webster dropped off plans this afternoon that you didn't get copies. Butler
distributes copies to the Council.
Bill Webster, 804 Eagle Hills Way, representing Edge Development, displays an overhead of the
site plan and discusses the same. Discusses his request for waivers and modifications. General
discussion.
Georgia Mackley, Director of Development, Lexington Hills, discusses the connection of the
water. Doesn't for see having water available for Mr. Webster to connect to until the end of
August or first of September.
Bill Webster: Discusses the water looping. We would need to pull 26 permits out of Phase One.
General discussion on the project.
Mayor: This is not a Public Hearing but we have agreed to take public comment.
Chuck Jetters, 3016 Red Tail, current President of the Homeowners Association, I would like to
see this go back to the Planning & Zoning. Discusses the water looping and the age restriction of
age 55. In favor of the age restriction. Continued discussion on the overall project.
Teny Miller, 1420 N. Eagle Creek Way, Director of Homeowner's Association. Discusses the
age 55 restriction. Disappointed that this issue is revisited again. Would like to encourage the
Council to make a decision and stand by it. There has been substantial objection to this.
Jerry Decime, 2991 E. Gold Creek St., homeowner, express his concern about moving forward
with this because of the continual water problem. We have not had any assurance that this is not
going to stop.
Mark Stroder, 2800 E. Redtail Court, homeowner, I was here for the previous meeting and
testified at that hme. I'm not opposed to anyone living in Eagle. I ttfmk we should stand by it
and go from there.
Fan-in Famworth, 1600 Riverside Drive, the thing that bothers me is the attitude that comes into
Eagle. If the City Council would have put an age restriction in the past none of you would be
here because you have children. I own a manufacturing park and there has to be some place for
moderate income people to live in Eagle. We don't want to be neighbors. We don't want to
become a snooty town. There has always been a problem with water in Trail Creek. The
changing of the design provides for another park which we need. The value of the property is no
going to go down. We need a total diversity of people. I am for this and I would encourage the
City Council not to put these kind of restrictions on people.
Dennis Whitmore 5606 Plymouth Street, Boise, Secretary/Treasurer Lexington Hills, Inc.
Discusses the water issue.
Chuck Jetters, I have 10 children and I love children. I am not anti-55.
Tom Law 10391, Project Manager on this project, We have come up with this plan for this park.
We have 22,000 sq.ft, of park. On the phone calls I received most people are seniors that have
inquired about the park. I would like to get this resolved and go forward. This is going to be a
nice park. We have done all of the things that you have asked for.
General discussion among the City Council.
Sedlacek moves to waive Site Specific Condition #9 which states that the plat should be
restricted to seniors only, age 55 and older, and approve the revised site plan which allows space
51 and 52 be open space and allow a lot in place of lot 51 to be provided at the north end of the
project within the open space area of the north end of the project that allows the lots along
Highway 55 to be reduced in width to allow an additional lot, replacing lot 52 along Hwy 55 and
that we require that the provide usable amenities within that open space area such as swing sets,
benches and basketball courts; I further move that the Council not allow building permits to be
issued prior to the looping of the water system and that the Zoning Administrator not issue any
building permits before the fmal plat is recorded. Motion dies for a lack of a second.
Merrill moves for a motion to deny the request for the waiver and modification of conditions and
modifications of plans 1, 2, 3 and 4. Motion dies for a lack ora second.
Bastian moves to approve the request #1. Council to approve building permits to be issued prior
to looping the water system with the conditions that a surety letter of credit is posted for the
system and that no certificate of occupancy be issued until the system is looped. 2. Move that we
also request Council to direct the Zoning Administrator to issue building permits to be no more
than 4. 3. That the Council waive Site Specific Condition #9 which states that the site shall be
restricted to seniors only, age 55 and over. 4. That the Council approve the revised plan which
allows space #51, 52 to be open space land and not residential spaces, to be incorporated in the
open space area in the center of the development. Allows a lot to replace 51 to be provided at the
north ~nd of the project within the open space area at the north end of the project and allows the
lots along Highway 55 to be reduced in width from 53" to 50' to allow for the additional lot
replacing lot 52 along Highway 55 and to provide usable amenities within the open space areas
which are swing sets, benches and basketball courts, etc. Seconded by Guerber. Discussion. 2
AYES: 2 NAY: MAYOR: NAY: MOTION FAILS.
Bastian moves to approve request #3 and #4 and deny request #1 and #2. Second by
Sedlacek. 3 AYE: 1 NAY: MOTION CARRIES .........
Mayor calls a recess at 10:30 p.m.
Mayor reconvenes at 10:35 p.m.
6. PUBLIC HEARINGS:
A. RZ-4-98 - Rezone from R4 to CBD - Zamzow's, Represented by BRS Architects:
Zamzow's, represented by BRS Architects, is requesting a rezone from R-4 (residential) to CBD
(Central Business District). The 0.92-acre site (includes only the portion of land proposed for
rezone) is located on the west side of Eagle Road approximately 150-feet north of State Highway
44. (MLB)
Mayor introduces the issue. Does any member of council have any ex parte contact to declare.
None. Does any member of Council have a potential or actual conflict of interest. None.
Billy Rae Strite, 1087 River Street, here with Rick Zamzow the applicant, Provides Council with
an overview of the project.
Butler: Displays an overhead showing the site. Provides an overview of the project.
Mayor opens the Public Hearing.
Pam Wallace, 403 S. Eagle Road, I'm not opposed to this project. I know the area is going to go
commercial. My concern is with cross access and the barrier between the properties. I
understand that most of my concerns are going to be addressed as this goes through the process.
Melissa Anderson, 334 S. Kestrel. My concerns are the same as Pams. My concerns are the
buffering.
Erika Alderson, 302 Nescovin. Our back yard will face the parking lot. My concerns are car
lights stfming on our house.
Mayor closes the Public Heating.
Bastian moves to accept the proposed zoning change Seconded by Sedlacek. ALL AYE:
MOTION CARRIES ............
B. V-1-98 Variance for Zamzow's, Represented by BRS Architects: Zamzow's, represented
by BRS Architects, is requesting a variance to decrease the minimum 20% lot coverage required
for the 2.43-acre site located on the northwest corner of State Highway 44 and S. Eagle Road at
435 S. Eagle Road. (MLB)
Mayor there has been a request by applicant that B and C be continued.
Guerber moves to continue Items 6B and 6C to August 11, 1998. Seconded by Merrill.
ALL AYE: MOTION CARRIES ..........
C. CU-1-98 - Conditional Use Permit - Zamzow's, Represented by BRS Architects:
Zamzow's, represented by BRS Architects, is requesting a conditional use permit for a 3,000 sq.
ft. bank with drive-thru. The 2.43-acre site located on thc northwest corner of State Highway 44
and S. Eagle Road at 435 S. Eagle Road. (MLB)
D. Resolution 98-10 - Increasing Building Permit fees: A resolution adopting a fcc schedule
pursuant to section 7-1A-2:b of thc Eagle City Code, to provide for thc establishment by
resolution of fees for builcYmg permits; adopting thc bimonthly updates of thc building valuation
data chart (excluding thc section on regional modifiers) of the building standards published by
the international conference of building officials; and providing for effective date. (MM and
MLB)
Mayor introduces the issues.
Buffer: We have advertised these fees three times.
Mike Mongelli, Building Official for the City of Eagle: Discusses the proposed fee increase.
Foxed information to thc Building Contractor's Association. Wc are going to be adopting the
1997 Building Code. General discussion.
Mayor opens the Public Hearing.
Georgia Mackley, Director of Development at Lexington Hills. Discusses the average price per
square footage in Lexington.
Mayor closes the Public Hearing.
Guerber moves to adopt Resolution 98-10. Seconded by Merrill. ALL AYE: MOTION
CARRIES .........
7. NEW BUSINESS:
A. Review and discussion of proposed ordinance regarding prohibited actions within the
Eagle Municipal Park System.
Mayor introduces the issue.
City Clerk: Discusses concerns about the draft ordinance.
Legal Counsel: Discusses some of the changes in the Ordinance. Would like guidance from the
City Council as to what the Councils' intentions are with this Ordinance.
Council: Concerned about community service, the definition of wheeled apparatus. Council
agrees that we need to have some signage in place. Would like to have an Ordinance that
addresses just Heritage Park.
8. REPORTS:
A. Mayor and Council Reports:
Merrill: Discusses impact fees and franchise fees. Would like the City Attorney to work on
these issues.
Guerber: Has some concern about discusses that are in Executive Session. General discussion.
B. City Clerk/Treasurer Report: Distributes Prohibited Parking code section to Council for
their review of the fines. This will be brought to Council at a different time. Rerffmds Council of
the July 21, 1998 Budget workshop.
C. Zoning Administrator Report: 1. Discusses 4 plats that are in and are ready for approval.
I'm going to sign the plats without bonding for the improvements that are not completed. 2. The
meeting on the 21st you will have for review the one-way street issue. 3. I need your input on the
Hodges project, Eagle Country Plaza. Discussion on the interpretation of"shopping center".
Council would like to see a Conditional Use Permit. 4. I need Council to do a motion to go
forward with an Ordinance.
Merrill moves to direct Mark to work on the Ordinance amending Title 8, Zoning.
Seconded by Sedlacek. ALL AYE: MOTION CARRIES .........
Mayor: Statesman has asked me for approval to put a newsstand in Heritage Park. Council
doesn't want this in the Park.
D. City Attorney's Report: No reports.
9. ADJOURNMENT:
Bastian moves to adjourn. Seconded by Sedlacek. ALL AYE: MOTION
CARRIES .........
Hearing no further business, the Council meeting adjourned at 11:40 p.m.
Respectfully submitted:
'~'SHARISN K. SMITH
CI~ CLE~AS~R