Minutes - 1999 - City Council - 05/25/1999 - RegularORIGINAL
EAGLE CITY COUNCIL MEETING
MINUTES
May 25, 1999
PRECOUNCIL: 6:30 pm - 7:30pm
Mayor notes that Council member Bastian will be arriving late tonight at approximately 8:30 as
he is addressing his School Board tonight.
1. Planning & Zoning Commission Liaison Report: None
2. Sgt. Ron Freeman will present Council with the monthly report for April. Sgt. Freeman
presents the monthly report to Mayor and Council and briefly review its contents. Touches on
the success of the Spring Fling which was held recently and notes that planning for Eagle Fun
Days is going well. Feels the language proposed by the City Attorney regarding skateboarding is
very workable from the Sheriff's Departments point of view. Susan Buxton briefly discusses the
proposed ordinance.
Sue Wade 3542 La Fontana Boise, Idaho comments on the "Walkin the Talk" program. SRO
SRO Todd Dehlin with Ada County Sheriff's Office discusses "Walkin the Talk". Briefly
touches on financing and the sponsoring of this program. He has seen the positive impact this
program has made on kids. Discussion.
3. Ron Marshall will discuss the Historical Preservation Commission's timeline for the
Museum. Mr. Marshall was unable to attend this meeting and has requested to be heard during
pre-council of the June 8t~ meeting.
4. Kathy Shiflet with EM2 will give a quarterly report of activities in connection with the water
system. Dan Brown is attending the meeting on behalf of Kathy Shiflet. They are currently
reviewing plans for Brookwood Subdivision with Mr. Hormachea. Discussion. Presents Mayor
and Council with a psi reading which was taken today. Also presents Council with and example
of a consumer confidence report which is now required by the Safe Drinking Water Act. Mayor
requests consumer confidence report discussion be placed on the next agenda. Council member
Merrill requests United Water present the Council with monetary figures to implement
cloranation for thc municipal water system, and for the sand well by June 15th.
5. City Attorney Report: Mr. Dodson from Idaho Power will not be able to attend the meeting
tonight. Buxton would like the first reading of the franchise fee ordinance to proceed. Confirms
with Veto Brewer that Holladay is putting the finishing touches on the revised legal description
for the Tomlinson property. The legal action between City of Eagle and Eagle Gravel has been
resolved as Idaho Power and Eagle Gravel have resolved their issues the City's lawsuit is mute.
Briefly touches on the Pedestrian tunnel lighting issue. Discussion. Discussion regarding the
Development Impact Fee final ordinance draft.
6. City Engineer Report: Veto Brewer discusses the memo he provided regarding the
intersections of Ballantyne Lane, State Highway 44, and State Street. Discussion. Suggests
possibly drafting a letter soliciting assistance from other entities to resolve the problem which
currently exists. Mayor suggests this item be added under new business for further discussion.
Remaining reports will be heard at the end of the meeting.
7. City Clerk/Treasurer Report:
8. Zoning Administrator's Report: Discussion of Transportation Improvement Plan (TIP).
9. Mayor and Council's Report: Scenic Byway Corridor Management Plan, Mayor's Report.
7:35 p.m. Mayor calls a 5 minute recess.
Mayor reconvenes meeting.
COUNCIL: 7:30 p.m.
1. CALL TO ORDER: Called to order at 7:50 p.m.
2. ROLL CALL: Merrill, Sedlacek, Guerber - present. Bastain - absent. 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.
Sedlacek moves to approve the Consent Agenda. Seconded by Merrill. ALL AYE:
MOTION CARRIES...
A. Minutes of May 11, 1999.
B. Claims Against the City.
C. DR-21-99 - Landscape Plan for Seotember Subdivision (formally Eagle Knoll
Estates Subdivisionl - Providence Develonment Grouu. LLC: _: Per City Council
request, all design review applications are to be appealed by the Zoning Administrator to the
City Council for their review prior to the approval of an application being final. As per the
Findings of Fact for September Subdivision the developer has submitted a landscape
plan for Design Review approval.(MLB)
D. Findines and Conclusions for a Conditional Use (CU-1-99) for Idaho Power:
Project Description: Idaho Power, represented by Jerry Ellsworth, is requesting
conditional use approval to construct a new 138kv sub-transmission line to connect
the existing HP Substation located on the east side of Cloverdale Road
approximately 1/4-mile south of Chinden Blvd. to the existing 138ky sub-
transmission line located near the northeast comer of State Highway 44 and State
Highway 55. The portion that is proposed to be constructed within the Eagle City
Limits is located at 2500 E. State Street (temp. address) near the intersection of State
Highway 44 and State Highway 55 extending southward approximately 72-
mile.(MLB)
Findines and Conclusions for a Rezone (RZ-1-99) for Beachwood Builders:
Project Description: Beachwood Builders, represented by Walt Lindgren with Studio
'L' Design Collaborative, is requesting a rezone from R-4 (Residential) to CBD
(Central Business District). The 0.22-acre site is located on the north side of Aikens
Road approximately 100-feet east of Eagle Road at 150 East Aikens Road.(MLB)
Items removed 4A, 4C.
A. Minutes of May 11, 1999.
Buxton lists the corrections to the minutes to be made on page 7.
Guerber moves to approve the minutes of May 11, 1999 as amended. Seconded by Merrill.
ALL AYE...MOTION CARRIES.
C. DR-21-99 - Landscape Plan for September Subdivision (formally Eagle Knoll Estates
Subdivision) - Providence Development Group, LLC:: Per City Council request, all design
review applications are to be appealed by the Zoning Administrator to the City Council for their review
prior to the approval of an application being final. As per the Findings of Fact for September
Subdivision the developer has submitted a landscape plan £or Design Review approval.(MLB)
Merrill expresses her concern that no amenities are provided in this proposed plan. The Design
Review Board chose to request a letter of credit rather than having the amenities up front. She
does not want to set a precedence. Butler also comments on the application. Discussion.
Began tape 8:05p.m.
Merrill moves to approve DR-21-99 Landscape Plan for September Subdivision formally
Eagle Knoll Estates Subdivision Providence Development Group, LLC and that the motion
made by the Eagle Design Review Board referring to the $25000.00 letter of credit for
amenities to be placed on the park lot located on lot 4 block 5 have the time line secured for
one year from today's date and at that time it will be cashed and amenities will be installed,
with the design to be reviewed by staff and one Design Review Board member....Seconded
by Guerber. ALL AYE...MOTION CARRIES.
Merrill moves to add item 7K under new business the intersections of Ballantyne Lane,
State Highway 44, and State Street. Adding under new business 7L the letter dated May 25,
1999 from Schall Inc. Also amend item 5D to state first reading of proposed ordinance 349.
Seconded by Guerber. ALL AYE...MOTION CARRIES.
5. UNFINISHED BUSINESS:
A. Discussion of Addendum to Aereement reearding encroachments by Edge Investments,
LLC to Drainage District No. 2's Exclusive Easement for Drain No. 15. (SB)
Buxton addresses the Council regarding this item. Discussion amongst Council expressing their
concem as to why Mr. Webster has not signed the agreement.
Bill Webster, 804 Eagle Hills Way representing Edge Development. States that the amenities
were required by the City and he has been advised not to make any comments regarding them.
Buxton inquires if Mr. Webster would allow the City to contact his attorney. Mr. Webster agrees
and states that his attorney is Mr. Bradbury.
Gene Muller with Drainage District No. 2. States that Mr. Webster did sign an agreement with
the Drainage District and he then violated it. Mr. Webster declines to comment. Mr. Muller is
adamant that the issue is resolved, as the District is currently unable to maintain the ditch.
Sedlacek asks if the Drainage District would allow another 30-day extension so that the City
Attorney may contact Mr. Webster's attomey regarding the addendum to the agreement.
Discussion.
Jim Monsenski with Drainage District No. 2. Comments on the responsibilities the Drainage
District has to its users. Would be agreeable to a 30-day extension. Mr. Muller provides further
comment.
Sedlacek moves to continue this meeting to the June 22"d meeting. Seconded by Guerber.
ALL AYE...MOTION CARRIES.
B. Ada County/Eagle City Skateboard Park: Review of Bid Documents. (SB)
Mayor introduces the item.
Council member Merrill notes that the bid documents will be out in August. Discussion.
Guerber feels the community needs to be apprised that the park will not be ready until
December.
C. Amendment of Tomlinson Property's legal description. (SB)
Mayor introduces the item.
Buxton notes that the City Engineer is finalizing the legal description, and will be working with
Council member Sedlacek regarding this item.
Sedlacek moves to continue the amendment of Tomlinson Property's legal description to
the next regularly scheduled meeting. Seconded by Merrill. ALL AYE...MOTION
CARRIES.
D. Discussion of Idaho Power Company's Franchise Agreement- Ordinance No. 349: (SB)
Mayor introduces the item.
Buxton reviews the proposed ordinance for franchise agreement. Comments on Idaho State
Code regarding ordinances pertaining to franchise agreements.
Gnerber moves that ordinance No. 349 be identified as having been read in its entirety
although only the title will be read. That title being an ordinance An Ordinance In
Accordance With Idaho Code 50-328, 50-329 And 50-329A Granting A Franchise To Idaho
Power Company, A Corportation And To Its Successors And Assigns, To Construct,
Maintain And Operate In And Upon The Present And Future Streets, Highways And Other
Public Places Within The Corporate Limits Of The City Of Eagle, Idaho, Electric Utility
Property And Facilities For Supplying Electricity And Electric Service To The City, The
Inhabitants Thereof, And Others For A Term Of 25 Years, Including The Nonexclusive
Right To Physically Locate And Maintain Telephone, Cable, Fiber Optics Or Other
Communications Facilities; Setting Forth An Agreement Not To Compete; Reserving
Power Of Eminent Domain; Providing For The Payment Of Franchise Fees; And
Specifiying Other Limitations, Terms And Conditions Governing The Exercise Of Said
Franchise, And Providing An Effective Date. Seconded by Merrill. ALL AYE... MOTION
CARRIES.
Buxton notes that the City Clerk needs to be directed to publish the ordinance, and Council will
not be able to approve it until after the June 24t~.
Guerber directs the City Clerk to carry out the appropriate advertising for this ordinance
and this item be placed on the agenda for the first meeting in July. Seconded by Merrill.
ALL AYE...MOTION CARRIES.
E. Review of nronosed lan~naee that would establish a dismount zone and prohibit
skateboardin~ on municipally owned property. (SB)
Mayor introduces the item.
Buxton addresses some changes to the proposed ordinance before them tonight.
Merrill moves to continue this item to the next regularly scheduled meeting so the changes
discussed tonight can be made. Seconded by Sedlacek. Discussion. ALL AYE...MOTION
CARRIES.
F. Discussion of lighting for the pedestrian pathway tunnel under Eagle Road. (SB)
Mayor introduces the item.
Buxton briefly touches on the subject, states that she and the City Clerk need to investigate it
further.
Guerber moves to continue this item to the next regularly scheduled meeting. Seconded by
Sedlacek. ALL AYE...MOTION CARRIES.
6. PUBLIC HEARINGS: None
7. NEW BUSINESS:
A. DR-9-99 - Monument Sign for Williamson Horse Ranch - Sylvan and Barbara
Williamson: The applicant is appealing the Design Review Board Decision for denial. Sylvan
Williamson, represented by Dan Kudar with Real Signs, Inc., is requesting Design Review
approval of an off-premises monument sign to be located at thc southeast comer of Eagle Road
and Island Woods Drive.(MLB)
Mayor introduces the item.
Sylvan Williamson lives on Island Wood Dr. Discusses the history of the sign and why it was
moved in the first place.
Butler reviews the application and discusses options as to how the Council may wish to address
the item. Buxton feels the Council should take a momem and review the code section they will
be dealing with and interpreting. Discussion.
Guerber feels that the sign should be identified as at grandfathered location, and identify the fact
that the sign is damaged to the point that it needs to be upgraded and replaced. The proposed
sign is very appealing and appropriate. Guerber notes that according to Idaho and most other
guidelines this is a piece of property which has been in the family since at least 1946, which is
more than 50 years and 50 years is the trigger for historically significant locations. Feels that the
sign should be allowed to be put up as proposed. Guerber states that the Design Review Board
did act appropi~ately in regards to city code, but given the history of this project and the fact that
the City Council has the authority to interpret the code the sign should be allowed
Guerber moves to approve the sign as approved by the applicant. Seconded by Merrill.
Discussion. ALL AYE...MOTION CARRIES.
Bastian arrives at meeting 9:10 p.m.
Mayor calls a 5 minute recess at 9:15 pm.
Mayor reconvenes at 9:25 pm.
B. FPUD-2 &3-99 & FP-7 & 8-99 - Final Development Plan and Final Plat for Merrill
Subdivision Nos. 1 & 2 (formerly Rocky Mountain Business Park):Reid Merrill Jr. is
requesting final development plan and final plat approvals for Merrill Subdivision Nos. 1 & 2
(formerly Rocky Mountain Business Park), an 8 lot and 18-lot mixed use subdivision. The site is
40+ acres and is generally located between State Street and the Highway 44 Alternate Route
extending from the north/south section of State Street (extension of Edgewood Lane) eastward
approximately V2 mile. The site is within the Eagle City Limits.(MLB)
Mayor in~oduces the item.
Council member Merrill will abstain from participating in discussion and voting on this item.
Reid Merrill, Jr. discusses the application.
Butler states that the documentation has already been provided for Council to review. He would
like the City Engineer to address one item.
Veto Brewer comments on a letter dated May 20, 1999 regarding drainage approval and the
items which will need to be addressed regarding drainage. Also comments on the letter received
from Ringert Clark date stamped as received by the City of Eagle on May 25, 1999, he would
like a requirement placed on the applicant to meet on site with their Engineer to review the
document. As the letter is quite detailed and Holladay Engineering did not receive sufficient
time to review all issues addressed in the letter.
Discussion.
Butler and Buxton address items of concern which have arisen regarding adjacent property
owners and a document which they are being requested to sign by the applicant. Discussion.
Reid Merrill, Jr. comments on the issue.
Discussion.
Guerber moves to approve FPUD-2 &3-99 & FP-7 & 8-99 - Final Development Plan and
Final Plat for Merrill Subdivision Nos. 1 & 2 formerly Rocky Mountain Business Park with
the stipulation that the Farnworth letter be included in the proper filing. The City's
Engineer shall be involved with review of the drainage and appropriate irrigation and
other aspects of the project. Also with the inclusion of site-specific standards and
recommendations that are outlined in the findings. Seconded by Sedlacek. Discussion.
Bastian requests the maker of the motion, Mr. Guerber amend the motion to reflect that
not only have reviewed by the Engineer, but review and check for compliance to the
conditions as outlined in the May 5, 1999 letter from Drainage District No.2. Also adding
the condition that the city shall not require lot 1 block 1 and lot 1 block 3, Farnworth
parcels to be included in the Rocky Mountain Business park CC&R's. Guerber agrees to
the amendment. Second agrees to the amendment. ALL AYE...(Merrill abstains)
MOTION CARRIES.
C. Rocky Mountain Business Park is requesting reconsideration of Council's decision
reeardin~ the naranet wall addition. (MLB)
Mayor introduces the item.
Merrill abstains from this item.
Discussion regarding the history of this item.
Bastian moves to reconsider Council's decision regarding the parapet wall addition.
Seconded by Guerber. ALL AYE...(Merrill abstains) MOTION CARRIES.
Robin Lebre Studio L Architects explains how they arrived at their decision regarding the
screening choice.
Bastian moves to approve the screening of the mechanical devises on Rocky Mountain
fitness and Recreation Center exhibit A-1 dated 4/15/99. Seconded by Guerber. ALL
AYE...(Merrill abstains) MOTION CARRIES.
D. 99-02-S/99-02-PR - Anacortes Subdivision-Preliminary Plat Approval with a Private
Road-Tealv's Land Surveying: Project Description: Mark and Lisa McNeilly, represented by
Tealey's Land Surveying, is requesting preliminary plat approval for Anacortes Subdivision, a 2-
lot, 14.34-acre residential subdivision with a private road. The proposed subdivision is located
on the south side of Beacon Light Road, approximately V2 mile west of Eagle Road. This
subdivision is located in the Eagle Area of Impact.(MLB)
Mayor introduces the item.
Butler briefly discusses the application.
Discussion.
Merrill moves to approve 99-02-S/99-02-PR - Anacortes Subdivision-Preliminary Plat
Approval with a Private Road-Tealy's Land Surveying with site specific and standard
conditions of approval. Noting on the Holladay Engineering letter that the need for plan-
profile, standard cross section and pavement design calculations for the private street to
review for conformance be deleted. Seconded by Sedlacek. Discussion. Motion is amended
to leave the letter from Holladay Engineering as presented. Second agrees. ALL
AYE...MOTION CARRIES.
E. 99-05-S/99-08-PR-Annlecreek Subdivision - Preliminary Plat Approval with a Private
Road - Hubble Eneineerine. Inc.: Project Description: Dale and Lois Wolin, represented by
Shawn Nickel with Hubble Engineering, Inc., is requesting preliminary plat approval for
Applecreek Subdivision, an 11-lot, 59.62-acre residential subdivision with a private road. The
proposed subdivision is located on thc south side of l-Iomer Road, approximately ¼-mile east of
Ballantyne Road. This subdivision is located in the Eagle Area of Impact.(MLB)
Mayor introduces the item.
Butler discusses thc application.
Discussion.
Bastian moves to approve 99-05-S/99-08-PR-Applecreek Subdivision - Preliminary Plat
Approval with a Private Road with a special recommendation that Homer Road be
extended eastward either along the section line or along Stillwell Road (actual name of road
is Hiekes) to connect with Eagle Road. And that the private road extend perpendicular to a
public road that would be an extension of Homer Road. Also including site specific and
standard conditions of approval. Seconded by Merrill. ALL AYE...MOTION CARRIES.
F. 99-18-PDR/99-12-PPJ99-13-ZC- Bighorn Subdivision No. 2-Preliminary Plat Approval
with a Private Road - Pinnacle Engineers~ Inc.: Project Description: Jim Jcwett and Craig
Groves, represented by Robert Unger with Pinnacle Engineers, Inc., are requesting preliminary
plat approval for Bighorn Subdivision, a 7-lot, 16.85-acre residential subdivision with a private
road. The proposed subdivision is located on the east side of Eagle Road, approximately ¼-mile
south of Beacon Light Road. This subdivision is located in the Eagle Area of Impact.(MLB)
Mayor introduces the item.
Bob Unger with Pinnacle Engineers reviews the application.
Butler briefly comments on staff report.
Discussion.
Guerber moves to approve the application as presented with the standard and site specific
conditions of approval. Seconded by Merrill. Discussion. ALL AYE...MOTION
CARRIES.
G. Ordinance No. 348: An Ordinance Changing Thc Zoning Classification Of The Real
Property Described Herein From R-4 (Residential) Classification To CBD (Central Business
District) Classification; Amending The Zoning Map Of The City Of Eagle To Reflect Said
Change; And Providing An Effective Date.(MLB)
Mayor introduces the item.
Bastain 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//348 be considered after being read once by title only. Bastain reads Ordinance
#348 by title only. Seconded by Merrill. ALL AYE: MOTION CARRIES.
Bastian moves that Ordinance # 348 be adopted. Seconded by Merrill. Bastian: AYE;
Merrill: AYE; Sedlacek: AYE; Gnerber: AYE: ALL AYE: MOTION CARRIES
MOTION CARRIES.
H. Ordinance No. 343: An Ordinance Changing The Zoning Classification Of The Real
Property Described Herein From A (Agricultural) Classification To R-2-DA-P (Residential, Two
Units Per Acre With Development Agreement And PUD) And R-4-DA-P (Residential, Four
Units Per Acre With Development Agreement And PUD) Classification; Amending The Zoning
Map Of The City Of Eagle To Reflect Said Change; And Providing An Effective Date.
Mayor introduces the item.
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 #343 be considered after being read once by title only. Guerber
reads Ordinance # 343 by title only. Seconded by Bastian. ALL AYE: MOTION
CARRIES.
Guerber moves that Ordinance # 343 be adopted. Seconded by Merrill. Discussion.
Gnerber moves to approve ordinance 343 as amended. Seconded by Bastian. Bastian:
AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES
I. Discussion of bid from Eterna-Line for Tennis Court Repairs:
Mayor introduces the item.
Merrill discusses the bids the city has received to repair the tennis courts and would like to also
keep some of these figures for budgeting purposes.
Merrill moves to accept the Eterna- Lines bid $1,236.00 to repair cracks and delaminated
areas. Seconded by Bastian. Discussion. ALL AYE...MOTION CARRIES.
J. Addendum to Personnel Manual: Annual leave policy for part-time employees.
Mayor introduces the item and notes that Council did not receive the documentation in their
packets.
Buxton reviews the language of the addendum. Discussion.
Bastian moves to approve the addendum to the personnel manual as amended tonight.
Seconded by Merrill. ALL AYE...MOTION CARRIES.
K Discussion of intersections of Ballantyne Lane~ State Highway 44, and State Street.
Mayor introduces the item.
Guerber moves to direct the City Engineer and staff to move forward in drafting a letter to
coordinate and initiate a study with ACltD and ITD to review Ballantyne Road, State
Highway 44 and State Street intersection alternatives. Seconded by Merrill. Discussion.
ALL AYE...MOTION CARRIES
L Discussion the letter dated May 25, 1999 from Schall Inc.
Mayor introduces the item.
Discussion of downtown parking.
7. City Clerk/Treasurer Report: Deputy City Clerk gives report. Notes that the financial report
has been provided to the Council. Discussion regarding possibly making reservations for city
parks. Council directs the Mayor and City Clerk to look into establishing policy regarding parks.
Reminds Council to complete their AIC reservation forms. Council discusses whether or not it
would be acceptable to pay for hotel reservations since it is being held in Boise. It is the
consensus that Council would not have a problem paying for these fees.
8. Zoning Administrator's Report: Presents Council with a draft letter he sent to ITD.
9. Mayor and Council's Report: Sedlacek reports on the parade. Mayor notes that the Treasure
Valley Partnership met yesterday in Eagle, and discusses the meeting. Scenic Byway Corridor
Management Plan Mayor notes who he has selected to serve. Council will pay for the plaque to
be placed on the picture, which was donated to the library by Maggie Jeters.
8. ADJOURNMENT:
Sedlacek moves to adjourn. Seconded by Guerber. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 12:00 pm.
APPROVED: