Minutes - 1999 - City Council - 04/27/1999 - RegularORIGINAL
EAGLE CITY COUNCIL MEETING
MINUTES
April 27, 1999
PRECOUNCIL: 6:30 p.m. - 7:30 p.m.
1. Planning & Zoning Commission Liaison Report: No report.
2. ACHD Larry Sale: Will discuss ACHD policy regarding stub outs. Larry introduces Gary
Inselman, who will be the City of Eagle's liaison. Displays an overhead of ACHD's written
policy, distributes a handout and discusses the same. General discussion.
3. Mayor and Council's Reports:
Guerber: Public meetings coming up on review of the 2020 plan. There are several projects on
the list for the City of Eagle, some of which were submitted by the City of Star. Your input is
being requested. General discussion.
Merrill: May 4~ meeting with Ada County Commissioners on the Skateboard Park. May 20~h
there is a public meeting on the plans. We are getting requests to have ball fields on the Merrill
Park Property. The City Attorney has looked at the agreement with Kasper and we are binding
to the agreement. Discusses a recreation district.
Bastian: No report.
Sedlacek: Discussion on the contract with The Environmental Finance Center at BSU. They are
requesting an extension on the contract. Talked to Doug Foote about the Fun Day booths not
being on the Library property and he was agreeable to this.
Mayor: Discussion on the Skateboard Ordinances. Dismount Zone and amending City Code
will come before the Council at the same time. Discussion on a petition received in regards to a
street light at Ballantyne and Beacon Road. LinTy Sales, ACHD, discusses this issue with the
Council. Forward the petition with a letter to Terry Little, ACHD, for a response. Discussion
on the City Web Page and Council E-Mail addresses on the Web page. Discussion on the
painting Maggie Jetters painted. Maggie would like to have the picture hung in the Library.
Evelyn will discuss this with Ann Gallinger and Susan Thomas.
4. City Attorney's Report: Discusses the Joint Powers Agreement on the Skateboard Park. Ada
County will be ready to proceed at the May 4t~ meeting. Discussion on Clear Creek Crossing.
Addresses the Tomlinson property Quitclaim Deed. Mr. Quong would like irrigation easements
on the property. Skateboard ordinance will probably be on the May 25t~ meeting.
5. City Clerk/Treasurer's Report: Time to schedule the Joint Meeting with the ACHD
Commissioners. The meeting date would be Tuesday, May 4th at City Hall. This also the date
for the joint meeting with the Ada County Commissioners at 1:30 p.m. to discusses the Ada
County/Eagle Sports Complex. No joint meeting with ACHD Commissioners on May 4%
6. Zoning Administrator's Report: The P&Z Commission have made it almost through the
Comp Plan and they hope to schedule a Public Hearing in June and have the Comp Plan for the
Council in July. Staff wanted to bring to Council for their consideration the Rocky Mountain
Fitness Center. One of the conditions was that the rooftop mechanical equipment be screened
and to be approved by Staff prior to installation. They never constructed the additional parapet
wall and never received approval from Staff. Further discussion on the parapet at Rocky
Mountain Fitness Center. Displays an overhead showing the parapet. General discussion.
7. City Engineer's Report: No report.
Mayor calls a recess at 7:30 p.m.
Mayor reconvenes meeting at 7:40.
COUNCIL: 7:40 p.m.
1. CALL TO ORDER:
2. ROLL CALL: Bastian, Merrill, Sedlacek, Guerber. 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 would like Items #D and E removed from the Consent Agenda.
Bastian moves to approve the Consent Agenda with Items # D and E removed. Seconded
by Merrill. ALL AYE: MOTION CARRIES ............
A. Minutes of April 13, 1999.
B. Claims Against the City.
C. Findings and Conclusions for RZ-10-98/CU-9-98/PPUD-2-98/PP-8-98-Quarter
Circle Ranch Planned Unit Development - B.W. Inc: Project Description: B.W. Inc.,
represented by Dennis M. Baker, is requesting a rezone from A (Agricultural) to R-2-P
(Residential two units per acre maximum - PUD), and conditional use, planned unit
development preliminary development plan, and preliminary plat approvals for Quarter
Circle Ranch Planned Community. The development consists of a 237-acre, 419-1ot (371-
buildable) residential subdivision. The site is located on the west side of Eagle Road
approximately 1600-feet south of State Highway 44 at 1505 S. Eagle Road (temp. address).
(MLB)
D. FP=6-99 - Final Plat for Sugarberrv Woods No. 2 - Lorin Saunders: Lorin Saunders
is requesting final plat approval for Sugarberry Woods No. 2, a 19-lot (18-buildable)
residential subdivision. The 35.08-acre site is located on the east side of N. Meridian Road
approximately 1,200-feet north of Chinden Boulevard at 688 E. Sugarberry Drive. The site
is within the Eagle City Limits. (MLB)
E. Findings and Conclusions for a Preliminary Plat {PP-5-98) for Jayo Construction,
Inc.: Project Description: Jayo Construction, represented by Roylance & Associates, is
requesting preliminary plat approval for Clear Creek Crossing Subdivision, a 54.8-acre, 89-
lot residential subdivision generally located on the southwest comer of N. Eagle Road and
Floating Feather Road. (MLB)
F. Surnlus nropertv: Designating City property used in old Library as surplus. (SKS)
G. Bid on surplus property: (SKM)
ITEMS REMOVED FROM THE CONSENT AGENDA:
D. FP-6-99 - Final Plat for Sugarberrv Woods No. 2 - Lorin Sauuders: Lorin Saunders is
requesting final plat approval for Sugarberry Woods No. 2, a 19-lot (18-buildable) residential
subdivision. The 35.08-acre site is located on the east side of N. Meridian Road approximately
1,200-feet north of Chinden Boulevard at 688 E. Sugarberry Drive. The site is within the Eagle
City Limits. (MLB)
Mayor introduces the issue.
Merrill: I routinely pull final plats from the Consent Agenda so there is a record that the Council
has reviewed the final plat before approval. I have no problem with this.
Merrill moves to approve the Final Plat for Sugarberry Woods No. 2. Seconded by
Guerber. ALL AYE: MOTION CARRIES ...........
E. Findings and Conclusions for a Preliminary Plat (PP-5-98) for Ja¥o Construction, Inc.:
Project Description: Jayo Construction, represented by Roylance & Associates, is requesting
preliminary plat approval for Clear Creek Crossing Subdivision, a 54.8-acre, 89-1ot residential
subdivision generally located on the southwest comer of N. Eagle Road and Floating Feather
Road. (MLB)
Mayor introduces the issue.
Merrill: I believe we have a request to continue this matter to the next City Council meehng.
City Attorney: This afternoon we received an extensive packet. I believe it would be
appropriate to continue this item to the next regular meeting. I would also like to addresses this
matter in an Executive Session.
Guerber moves to table this item to the next regularly scheduled City Council Meeting.
Seconded by Merrill. ALL AYE: MOTION CARRIES ............
Merrill moves to amend the Agenda and add items to the Agenda as follows:
Item 5B to be 7A
7I: Petition for street light at Ballantyne and Floating Feather Road.
7J: Painting donated to the Library by Maggie Jetters.
7K: Rocky Mountain Fitness Center - parapet issue.
Item #8: Executive Session to discuss potential lawsuits.
Item #9: Adjournment.
Seconded by Guerber. ALL AYE: MOTION CARRIES ...............
5. UNFINISHED BUSINESS:
A. RZ-8-98 - Rezone from A (Agricultural) to R-2 (Residential) with Development
Agreement- The Land Group: Jon Wroten, represented by Jason Pfaffwith The Land Group,
is requesting a rezone from A (Agricultural) to R-2 (Residential) with Development Agreement.
The 45-acre site is located on the north side of the south channel of the Boise River
approximately ½-mile west of Eagle Road at 799 South Channel Road. This item was continued
from the April 13, 1999 meeting. The public hearing was closed on 4/13/99. (MLB)
Mayor introduces the issue.
Jon Wroten, 799 S. Channel Road. Discusses the Development Agreement and the changes that
the Council requested.
Extensive discussion on the issue.
Guerber moves to approve. Seconded by Merrill. Discussion.
Bastian moves to amend the Motion: Section 2.2 Maximum 45 dwelling units to 35 dwelling
units in both places that it is mentioned and in any other place in the document that the
maximum is mentioned. Seconded by Merrill. Discussion. TWO AYE: TWO NAY ON
AMENDMENT TO MOTION: MAYOR: NAY: MOTION FAILS ......
Vote on Original Motion: ONE AYE: 3 NAY: ORIGINAL MOTION FAILS .........
General discussion on how this matter has proceed and why Mr. Wroten asked for a
Development Agreement.
Gnerber moves for reconsideration of this item in order to conduct further discussion.
Seconded by Merrill. ALL AYE: MOTION CARRIES TO RECONSIDER .........
Guerber moves to approve as proposed. Seconded by Merrill. Discussion. Guerber
amends the motion to drop 2.2. Second concurs. ALL AYE: MOTION
CARRIES ............
City Attorney: Point of clarification on 2.3H we requested to change the language to omit the
word "gravel operation" and replace the word with "pond excavation". Another motion can be
made on this change.
Bastian moves to reword 2.31t of the agreement we approved to strike out "gravel
operation" and put in "pond excavation". Seconded by Merrill. ALL AYE: MOTION
CARRIES ............
B. (Added to the Agenda) Contract with The Environmental Finance Center at BSU -
Extension of Contract.
Mayor introduces the issue.
Sedlacek moves to grant the extension of the Contract to May 30, 1999. Seconded by
Bastian. ALL AYE: MOTION CARRIES ............
Mayor: City Clerk will write a letter to BSU informing them of the extension.
B. Joint Powers Agreement between the City of Eagle and Ada County: Air Quality
Automotive Inspection Program.(SKM) (This item was continued from the March 23, 1999
meeting)
This items moved to Item 7B.
6. PUBLIC HEARINGS:
A. Capital Improvement Plan:
B. Development Impact Fee Study:
C. Ordinance No. 345 - Development Impact Fee Ordinance: An Ordinance Amending The
City Of Eagle Municipal Code By Adding A New Chapter To Be Known As The "Development
Impact Fee Ordinance" To Allow Development Impact Fees, Establishing Such Fees, And More
Particularly Setting Forth The Title And Purpose And Prescribing The Procedures For Carrying
Out The Purpose Hereof; Attaching And Incorporating The "City Of Eagle Development Impact
Fee Study" Dated April 27, 1999, as Appendix "A" Hereto; Repealing All Ordinances And Parts
Of Ordinances In Conflict Herewith; Providing A Savings Clause; Providing For Severability;
And Providing An Effective Date Hereof.
Mayor introduces the issue. Items 6A, B and C will be heard together.
Bill Hoffman, Hoffman Planning Associates. Discusses the Capital Improvement Plan and the
Development Impact Fee Study and displays overheads. Discussion on including or excluding
Eagle Island State Park. General discussion. Displays overheads and discusses pathways.
General discussion.
Mayor opens the Public Hearing.
Mayor swears in Richard McCaughey
Richard McCaughey, Building Contractors Association, we support Eagle's efforts to bring
about an impact park fee. We do have some problems with the Capital Improvement Plan and
the Ordinance. One of the problems is including Eagle Island State Park. Discussion on the
problems he sees. We will match whatever the citizens of Eagle are willing to put forth and
establish a basic level of service and the responsibility of the development community is to
contribute whatever level is necessary, it is called proportionate share. The development
community is really concerned. General discussion.
Mayor swears in Georgia Mackley
Georgia Mackley, Director of Development of Lexington Hills and Chairperson of the
Development Impact Fee Advisory Committee. Discussion on the Development Impact Fees
and the inclusion and exclusion of Eagle Island State Park.
Bill Hoffman. I believe State Statutes have been followed. Address the issue brought out by
Richard McCaughey. General discussion.
Georgia Mackley. Discussion on the impact fees and the deficiencies.
Further discussion.
Mayor closes the Public Hearing.
City Attorney: Discusses the issues. I would like to have further time to research the issue of
using Eagle Island State Park.
Mayor calls a recess at 9:35 p.m.
Mayor reconvenes the meeting at 9:45 p.m.
City Attorney: I would like to discuss this matter further with Richard McCaughey and work
with Mr. Hoffman to give you a full analysis. I would be prepared to address this at your next
Council meeting.
Guerber moves to continue this to the May 11, 1999, City Council meeting. Seconded by
Merrill. ALL AYE: MOTION CARRIES ............
Guerber moves to amend the agenda to move 7C as the first item under New Business.
Seconded by Merrill. ALL AYE: MOTION CARRIES ............
7. NEW BUSINESS:
C. Impact and Referral Area proposed by the City of Star: The City of Star is working with
Ada County staff to develop an impact area agreement. A copy of Star's proposed "Area of City
Impact and Referral Area" boundary map", which is intended to be a part of the agreement, has
been provided to the City. Ada County staffhas provided the proposal to the City of Eagle for
preliminary comment. (MLB)
Mayor introduces the issue.
Vaughan provides an overview of the Staff Report.
Gussie O'Conner, Star City Council Member. Discusses Star's proposed area of impact and
referral area. This is a draft and we are trying to get this put together. General discussion.
Merrill moves to accept StaffRecommendations on Page 3 of 3 of Staff Report. Seconded
by Sedlacek. Discussion. Merrill amends her motion to say: only Item No. 3 on Page 3 of 3
of the Staff Report. Second concurs. ALL AYE: MOTION CARRIES ............
Further discussion on the issue.
A. Ordinance 346 - Motor Vehicle Emissions Control: An Ordinance Repealing Eagle City
Code Title 4, "Public Health And Safety", Chapter 4, "Vehicle Emissions Control", And
Enacting A New Chapter 4, "Motor Vehicle Emissions Control", Providing For The Following
Sections: Section 4-4-1 Short Title, Section 4-4-2 Legislative Findings And Purpose Of Chapter,
Section 4-4-3 Definitions, Section 4-4-4 Creation Of An Inspection-Maintenance Program,
Section 4~4-5 Duties And Powers Of The Board, Section 4-4-6 Financing, Section 4-4-7
Inspection Criteria And Costs, Section 4-4-8 Acquisition Of Property: Certificates Property Of
Board, Section 4-4-9 Falsification Of Certificates, Section 4-4-10 Enforcement, Section 4-4-11
Penalties, Section 4-4-12 Effective Dates, Section 4-4-13 Severablity, And Providing And
Effective Date. (SKM)
Mayor introduces the issue.
City Attorney: This is basically the same ordinance Ada County has. I don't have any
opposition to this if this is what the Council wants to do.
Merrill 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 # 346 be considered after being read once by title only. Merrill reads
Ordinance # 346 by title only. Seconded by Guerber. ALL AYE: MOTION
CARRIES .................
Merrill moves that Ordinance # 346 be adopted. Seconded by Guerber. Bastian: AYE;
Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES OR
THREE AYES: ONE NAY: MOTION CARRIES ............
7B. (5B.) Joint Powers Agreement between the City of Eagle and Ada County: Air Quality
Automotive Inspection Program.(SKM) (This item was continued from the March 23, 1999
meeting.)
Mayor introduces the issue.
Merrill moves to authorize the Mayor to sign the Joint Powers Agreement between the City
of Eagle and Ada County. Seconded by Guerber. Bastian: AYE; Merrill: AYE; Sedlacek:
AYE; Guerber: AYE: MOTION CARRIES ............
D. Memorandum of Understanding between the City of Eagle and ACHD:
Mayor introduces the issue.
Sedlacek moves to approve the Memorandum of Understanding between the City of Eagle
and ACHD. Seconded by Merrill. Discussion. Sedlacek amends her motion: change $$7 to
add the words: When necessary. Second concurs. ALL AYE: MOTION
CARRIES ............
E. Drainage Agreement with ACHD for the Library: (SB)
Mayor introduces the issue.
City Attorney: There is one change on Page 2, Section 4, ACHD indemnification, last 2
lines of the paragraph: Delete the words "failure or neglect to" and insert the words
"operation, maintenance, and repair of the storm water drainage system".
Guerber so moved. Seconded by Bastian. Bastian: AYE; Merrill: AYE; Sedlacek: AYE;
Guerber: AYE: ALL AYE: MOTION CARRIES ............
F. Drug-Free Work Place: Discussion. (RY)
Mayor introduces the issue.
Discussion among the Council, Mayor and City Attorney.
Merrill moves to authorize the Mayor to work toward a drug free policy. Seconded by
Sedlacek. Discussion. ALL AYE: MOTION CARRIES ............
G. Ida-Ore - 1999 Overall Economic Development Plan Priority Proiects: Discussion. (LS)
Mayor introduces the issue.
Sedlacek: Discusses the Overall Economic Development Plan Priority Projects and what
projects the City of Eagle can put on the list. General discussion. This is due by May 14, 1999.
We need to discuss matching funds.
General discussion.
Sedlacek, Merrill and the Mayor will meet on this issue.
H. Bid on Library Surplus Property: (SKM)
Mayor introduces the issue.
General discussion.
Bastian moves to reject the bid for the Library metal shelving and other items submitted by
David Wilson and that we advertise the items we have for sale. Seconded by THREE
AYES: ONE ABSTAIN: MOTION CARRIES ............
I. (Added to Agenda) Petition for a street light at Ballantvne and Floatin~ Feather Road.
Mayor introduces the issue.
General Council discussion.
Merrill moves to recommend a four way stop, flashing lights and rumble strips. Seconded
by Guerber. ALL AYE: MOTION CARRIES .........
J. (Added to Agenda)Painting donated to the Library by Maggie Jetters.
Mayor introduces the issue.
General Council discussion.
Merrill moves to recommend that the Library Board accept the painting of Maggie Jetters
in memory of Chuck Jetters. Seconded by Bastian. ALL AYE: MOTION
CARRIES ............
K. (Added to Agenda) Rocky Mountain Fitness Center - parapet issue.
Mayor introduces the issue.
Bastian moves that the Rocky Mountain Fitness Center be required to put up parapet walls
to hide the mechanical equipment on top of the roof as agreed to in the original Design
Review application. Seconded by Sedlacek. THREE AYES: ONE ABSTAIN: MOTION
CARRIES ............
8. EXECUTIVE SESSION:
Merrill moves to go into Executive Session for discussion on possible litigation. Seconded
by Guerber. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE:
MOTION CARRIES ................
Discussion on possible litigation.
9. ADJOURNMENT:
Sedlacek moves to adjourn. Seconded by Merrill. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 1 h l 5 p.m.
Respectfully submitted:
CITY CLE~ASU~R ~ ~(::';;: :: '
MAYOR