Minutes - 1999 - City Council - 07/13/1999 - RegularEAGLE CITY COUNCIL MEETING
MINUTES
July 13, 1999
ORI61NAL
PRECOUNCIL: 6:30 p.m. - 7:30 p.m.
A1 Busch, ACHD Project Manager, Eagle Road. Discussion on dust and street conditions
problems. General discussion on the overall project. Base gravel is just starting. Prep for
sidewalks and signals is just starting. Right-of-way issues with Catholic Church has been
resolved. Project should be done by the 31st of August. Discussion on the wall/fence at Eagle
Elementary School.
Buxton: Clear Creek Crossing Subdivision. There was a Motion for Reconsideration. There
was a meeting after the 2/23/99 meeting. After this meeting when Council denied this
application then we received a document from Mr. Bradbury that was request for
reconsideration. Applicant requested reconsideration. Council decided to go ahead and
reconsider it and go ahead and have a public hearing to take in new testimony and new
information. I would recommend that you open the public hearing tonight and then keep the
public hearing open to receive written comments and if you so choose have public comment
again in two weeks. I would also request that you consider a notice in the paper that the public
hearing is open to receive oral comments.
1. Planning & Zoning Commission Liaison Report: No report.
2. Ada County Sheriff's Office: Sgt. Ron Freeman and Sgt. Randy Folwell will make a
presentation to Council. Sgt. Freeman presents the Sheriff's Report and discusses the same.
Sgt. Folwell is in charge of the gang and drug section. Inmate labor painted the curbs to reflect
the new parking ordinance.
Sgt. Folwell, Ada County Sheriff's Office, Supervisor with Narcotics and Gang Unit. We have
had some changes over the last few months. We have left the task force that was a joint venture
with Boise City. Our focus was on "big dealers". We have changed our approach. We can not
arrest the drag problem in this country away. Nationally drug use has leveled off. The rise that
was experienced the last several years has leveled off and hopefully there will be some decline.
Eagle is better than other places in the valley as far as drug traffic. It is hard for us to meet with
the public and operate a culvert operation. We rely on uniform officers to relay citizens concerns
to us. Law Enforcement is pretty much on top of gangs. General discussion. Discussion on
meth labs. Discussion on gangs. Law Enforcement in this Valley started before the gangs could
become established. Society is not tolerating gangs.
3. City Attorney Report: Major issue to be talked about with Staff is the implementation of the
Impact Fees. It will be 30-45 days to do the revisions. General discussion. Update on Drainage
District #2 and Webster. I wrote a letter to Mr. Bradbury after the last City Council Meeting and
I have not heard back from him.
4. City Engineer Report: Review of engineering firm's proposal for Ballantyne/State Street/
Highway 44 Alignment. No Report.
5. City Clerk/Treasurer Report: Distributed July 20~ Budget workshop information to Council.
The Benches at Plaza Street Park have been installed.
6. Zoning Administrator's Report: General discussion on trees being installed at residential and
commercial sites. P&Z made a recommendation on the sign issue.
7. Mayor and Council's Report:
Sedlacek: Consolidation with Sewer District will be discussed at the August meeting. Sewer
District is looking at an RV site.
Bashan: The Librarian told me that they did not make a request for proposal on the maintenance
for the library building. Wright Brothers have said that the maximum amount that would be
spent would be $2,000. This comes up further on the Agenda.
Merrill: Update on the Skateboard Park. The concerns at the Neighborhood meeting were
berming and lighting. Meet with School Board in regards to the mural on the wall. Discussion
with the Alternate School on their three vacant lots. Possibility of gifting, selling to the City for
a possible park site. Bridge footings are in at Island Wood and are being done at the Arboretum.
Discussion on the pathway along Island Woods.
Guerber: Tomorrow is an Air Quality Board meeting. When can we being seeking a light a
Ballantyne from ACHD? General discussion.
Jerry Stallsmith, 5131 Camas Lane. I looked at the trees. Cedar tree at Heritage is covered with
a foot of dirt on the root system. The tree is probably to far gone to do something with it. The
other trees in the Park look real nice. Plaza Street Park trees is the same situation. The berm is
smothering the root system. Some aeration needs to be done for the root system. The trees are
showing stress because of the problem.
Mayor calls a recess at 7:40 p.m.
Mayor reconvenes meeting at 7:50 p.m.
COUNCIL: 7:50 p.m.
1. CALL TO ORDER:
2. ROLL CALL: Bastian, MenSll, Sedlacek, Guerber. A quorum is present.
3. PLEDGE OF ALLEGIANCE:
Mayor: For all present for Item 5, gE: The applicant has asked for a 2 week continuance
so this matter will be continued to the July 27Ch City Council meeting.
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 #4E and #4F from the Consent Agenda and #4F be moved to
Item 5F under Unfinished Business and to approve the remainder of the Consent Agenda.
Seconded by Gnerber. ALL AYE: MOTION CARRIES .............
A. Minutes of June 22, 1999.
B. Minutes of July 1, 1999.
C Claims Against the City.
D. LS-4-99 - Lot Snlit - Salmon Point Develonment: Salmon Point Development,
represented by Ron Bath, is requesting approval of a lot split for the creation of two lots
located on the west side of Eagle Road approximately 400-feet north of State Highway
44 at 403 S. Eagle Road. (MLB)
E. LS-6-99 - Lot Split - Charles Leigh: Charles Leigh is requesting approval of a lot split
for the creation of two lots located on the east side ofN. Edgewood Land approximately
h-mile south of Floating Feather Road at 600 N. Edgewood Lane. (MLB)
F. DR-22-99 - Landscape, pathway and entry sign plan for Brookwood Subdivision -
Aries Development, LLC: Per Ci~ 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 beingfinal Aries Development, LLC, represented by Phil Hull with The
Land Group, is requesting design review approval of the landscape, pathway and entry
sign plan for Brookwood Subdivision. (MLB)
4E. LS-6-99 - Lot Split - Charles Leigh: Charles Leigh is requesting approval of a lot split for
the creation of two lots located on the east side of N. Edgewood Land approximately ~/2-mile
south of Floating Feather Road at 600 N. Edgewood Lane. (MLB)
Mayor introduces the issue.
Merrill: The only question I have is that there was a letter from a Mr. Welton regarding
surveying being done properly. My question to staff has that been resolved or what the issue
Vaughan responds and discusses the survey and he spoke with Mr. Welton and Welton stated
that he was not opposed to the split. General discussion.
Charles Leigh, 600 N. Edgewood Lane. I called Mr. Welton this evening and he said he did not
receive the full packet, so I discussed the report with him. He told me that he does not oppose it.
Further Council discussion.
Merrill moves to approve the Lot Split of Charles Leigh. Seconded by Sedlacek. ALL
AYE: MOTION CARRIES ............
5. UNFINISItED BUSINESS:
A. Award of Interior Maintenance Contract for Library: This item was continued from the
June 22, 1999 meeting.
Mayor introduces the issue.
Buxton: I spoke with the Board President, Susan Thomas, and I would recommend that the
Council approve the Maintenance Contract tonight with Susan Thomas and myself doing some
modifications to the Contract. The budget should be $1,000. The cost would probably be around
$500. The Library did call around to check hourly rates. The Contract has a termination clause
in it. Susan Thomas and I are going to meet to go over the policy on the conference room.
Guerber moves to approve the award of the Interior Maintenance Contract for the Library
and the proposed Library policy with the approval to be contingent upon an agreement
between the City Attorney and the President of the Library Board that the appropriate
legal language is included in the contract and the Library policy for the meeting room
reservations. Seconded by Merrill. Discussion. Bastian: AYE; Merrill: AYE; Sedlacek:
AYE; Gnerber: AYE: ALL AYE: MOTION CARRIES ............
General discussion.
B. Council review and approval of proposed Library policy regarding reservation of
conference and meeting room snace. This item was continued from the dune 22, 1999 meeting.
(Included with 5A above)
C. Discussion of lighting for the pedestrian pathway tunnel under Eagle Road. (SEB) This
item was continued from the dune 22, 1999 meeting.
Mayor introduces the issue.
Buxton: I received a fax this afternoon from Jim Justice and they gave me a draft contract for
review. Discussion on the draft contract. I need to clarify some of the items. I will do some
further negotiations with them on the maintenance issues in the contract.
Merrill: This agreement started out with having the lights connected. I am interest in getting the
lighting in the tunnel. These other maintenance issues should not be included.
General discussion.
Merrill moves to continue this item to the July 27, 1999, City Council meeting and instruct
the City Attorney to go back to ITD and have the agreement include the lighting of the
tunnel and painting of any destruction that occurs in form of graffiti, writing on the walls
or deterioration of the paint and replacing of light bulbs and cleaning of debris. Seconded
by Bastian. ALL AYE: MOTION CARRIES .............
D. Discussion regarding Downtown Parking: This item was continued from the June 22, 1999
meeting.
Mayor introduces the issue.
Sedlacek: Discusses the meeting with the Economic Development Committee. I also discussed
the purchase of the property with Walt Schall.
General discussion.
Sedlacek moves to continue this item until we can arrange a meeting with Jerome Mapp.
Seconded by Merrill. ALL AYE: MOTION CARRIES ...............
E. A-2-99/RZ-4-99/PPUD-1-99-ConntrySide Estates-Capitai Development: Capital
Development and Tom Ricks, represented by Beckry Bowcutt with Briggs Engineering, is
requesting an annexation and rezone from RT (Rural Transition) and AR
(Agricultural/Residential) to R-2-P (Residential two units per acre maximum - PUD),
conditional use, planned unit development preliminary development plan, and preliminary plat
approvals for Countryside Estates Planned Community. The development consists of a 74.19-
acre, 174-1ot (153-buildable) residential subdivision. The site is located at the northwest comer
of Ballantyne Lane and State Street. The public hearing for this item was closed at the June 22,
1999 meeting. (MLB)
Mayor: We received a request from the applicant to have this matter continued for two weeks.
Guerber moves to continue A-2-99/RZ-4-99/PPUD-1-99 CountrySide Estates until the July
27, 1999, City Council Meeting. THREE AYES: ONE ABSTAIN: MOTION
CARRIES ................
F.4F. DR-22-99 - Landscape, pathway and entry sign plan for Brookwood Subdivision -
Aries Development, 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 beingfinal Aries Development, LLC, represented by Phil Hull with The Land
Group, is requesting design review approval of the landscape, pathway and entry sign plan for
Brookwood Subdivision. (MLB)
Mayor introduces the issue.
Merrill: I asked that this be removed from the Consent Agenda because Mark some pictures and
some information to present to Council on this situation as far as trees and what approved with
the Findings of Facts and Conclusions of Law as far as the recreation center and what was asked
for at Design Review.
Mike Hormaechea, Aries Development, 1101 River Street, Boise. Discussion on the recreation
center. This was revised at the request of the City. Discussion on the changes. Displays
overheads on the amenities to the project and discusses the same. Discussion on the change from
3" caliper trees to 2" caliper trees. Design Review reviewed the alternative plan and approved it.
Phil Hull, The Land Group, discusses the change in the size of the trees and displays an overhead
of the revised plan and discusses the same. General discussion.
Mike Hormaechea, Discussion on the existing trees. We had Jerry Stallsmith evaluate these
trees. Discussion on the berm.
Phil Hull, Displays an overhead showing the berm and discusses the same. General discussion.
Mike Hormaechea, Discusses the fencing issue. General discussion.
Butler: Displays an overhead of the original plan and a revised plan and discusses the same.
Discussion of the conditions of approval and requested changes. Discussion on the trees.
Distributes pictures of trees to the Council. General discussion.
Mike Hormaechea, Discusses the trees. If you don't like the alternative plan on the trees we will
take it out.
General Council discussion on the recreation center and the other requested changes.
Merrill moves to accept DR-22-99 Landscape and Pathway Plan for Brookwood
Subdivision with the Design Review's Site Specific Conditions of Approval including Items
#1-2-3 and 4; that Item #5 be revisited by the Council at final plat dealing with the
alternative plan for landscaping and buffering on Floating Feather Road; accepting the
alternative plan for reduction of the 3" caliper trees to 2" along Old Barn Road as
presented with this application; accepting Item #7 and #8; adding Item#9 that applicant
make the old barn useable, up to applications discretion; and add an area for
skateboarding with a fiat surface area with rails and curbs. Seconded by Bastian.
Discussion. ALL AYE: MOTION CARRIES .............
Mayor calls a recess at 9:35 p.m.
Mayor reconvenes the meeting at 9:45 p.m.
Mayor: Applicant for Clear Creek has suggested a continuance of the item.
Buxton: City Council and Staff received some additional information on Clear Creek and there
appears to be some confusion on the notice. After talking to applicant I would recommend that
you continue the Public Hearing that has already been noticed, renotice for a Public Hearing to a
date certain and conduct the Public Hearing. General discussion.
6. PUBLIC HEARINGS:
A. Ordinance No. 351 - Skateboard and Dismount Zone Ordinance: An ordinance of the
City of Eagle, Ada County, Idaho, amending Eagle City Code, Title 5 "Police Regulations",
Chapter 2 "Miscellaneous Offences", Section 4, to prohibit the use of wheeled apparatus on
municipal on municipal on municipal property and in certain areas of the City, providing
definitions, purpose, prohibitions, exclusions, penalty, and providing an effective date.(SKM)
Mayor introduces the issue.
Buxton: We have had good public input and we have made some recommended changes.
Overhead of dismount zone is displayed and discussed. Discussion on changes to the ordinance.
Sgt. Ron Freeman, Ada County Sheriff's Office. Discusses the dismount zone and the reason for
have this zone. We are going to spend time with the kids on education. General discussion.
Buxton: Suggested changes on including the map of the dismount zone and clarification of the
definition.
Mayor opens the Public Hearing
Trevor Herbst, 737 Spyglass Way, Discusses possible skateboard locations. Lot by Justo's
where the bank used to be, the far end of the parking lot at the new Library, St. Mathews Church
on Eagle Road, Channel Center, parking lot at Eagle Academy. Discussion on pathway for
skateboard use. Sidewalk to McDonald's, sidewalk on State Street
Janet Buschart, 235 W. Floating Feather Road, I need to ask a clarifying question. Is this a
dismount zone or a wheels down zone. Sgt. Freeman answers the question. I would like to see
this not being a dismount zone at all. I know public safety is an issue here. I would be in favor
of a wheels down zone. I would be supportive of looking for a location in the downtown area
where people can go.
Kathryn Hepner 642 Steepleview Drive. I would like to have a clarification of why there is more
problem during the school year than in the summer. Sgt. Freeman responds. You are targeting
15 kids. I would like you to reconsider this until the skateboard park goes in. Let downtown be
for everybody.
Russ Buschart, 235 W. Floating Feather Road. I agree with the person before me. I'm
disappointed that the park being proposed is way out, I thought it was going to be closer to
downtown. Discusses the bicycle problem downtown. Make sure the kids have corridor because
the kids use these for transportation.
Ron Bath, Owner of Eagle Pavillion. I am the owner of Eagle Pavillion which has become the
latest skateboard area since the parking lot has been completed. There are liability problems to
property owners. Without this Ordinance we will have to post our property because we need to
have them out of our parking lot. We need help to protect our property. General discussion.
Mayor closes the Public Hearing
General Council discussion.
Kathy Herbst, 737 Spyglass Way, Once we get the designated area this will resolve itself. Most
of the problem has already gone away. If we get a spot for the kids it needs to be in a visible
area. I feel that business owners and builders in the City will contribute to putting in an area.
Further discussion.
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 #351 be considered after being read once by title only. Bastian reads
Ordinance #351 by title only. Seconded by Merrill. ALL AYE: MOTION
CARRIES .................
Bastian moves that Ordinance #351 be adopted. Seconded by Merrill. Discussion.
Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: NAY: THREE AYES: ONE NAY:
MOTION CARRIES .............
Mayor calls a recess at 10:45 p.m.
Mayor reconvenes the meeting at 10:50 p.m.
B. Ordinance No. 349 - Idaho Power Franchise Ordinance: An Ordinance In Accordance
With Idaho Code 50-328, 50-329 And 50-329A Granting A Franchise To Idaho Power Company,
A Corporation 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 Specifying Other Limitations, Terms And Conditions Governing The Exercise Of Said
Franchise, And Providing An Effective Date.(SKM)
Mayor introduces the issue.
Buxton: The Ordinance has been published and we were required by Code to have another
Public Hearing.
Mayor opens the Public Hearing. No one has signed up to speak and no one in the audience
wishes to speak.
Mayor closes the Public Hearing.
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 #349 be considered after being read once by title only.
reads Ordinance #349 by title only. Seconded by Bastian. ALL AYE: MOTION
CARRIES .................
Guerber moves that Ordinance #349 be adopted. Seconded by Bastian. Bastian: AYE;
Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES .......
C. RZ-3-99-Rezone from R-4 to CBD - Salmon Point Development, Inc.: Salmon Point
Development, Inc., represented by Ron Bath, is requesting a rezone from R-4 (Residential) to
CBD (Central Business District). The 2.18-acre site is located on the west side of Eagle Road
approximately 400-feet north of State Highway 44 at 403 South Eagle Road.(MLB)
Mayor introduces thc issue.
Mayor swears Ron Bath in.
Ron Bath, Salmon Point Development. Displays an overhead of the site plan and discusses thc
same.
Vaughan: Displays an overhead of the site plan and discusses the same. Distributes a letter from
Zamzows to be part of the record.
Mayor opens the Public Hearing. No one has signed up to speak and no one from the
audience desires to speak.
Mayor closes the Public Hearing
General Council discussion.
Guerber moves to grant the Rezone from R4 to CBD, Salmon Point Development.
Seconded by Merrill. ALL AYE: MOTION CARRIES ..................
D. CU-2-99- Conditional Use Permit - A Bank with Drive-thru service - Salmon Point
Development Inc.: Salmon Point Development Inc., represented by Ron Bath, is requesting a
conditional use permit for a 3,000-square foot bank with drive-thru service within the CBD
(Central Business District). The 0.344-acre site is located on the west side of Eagle Road
approximately 400-feet north of State Highway 44 at 403 South Eagle Road.(MLB)
Mayor introduces the issue.
Ron Bath, Salmon Point Development, displays an overhead of the site plan. I'm here for
questions. Discussion.
Vaughan: Mark Butler has a potential conflict so I am making the presentations on this matter.
Displays the site plan overhead and discusses the same.
Mayor opens the Public Hearing. No one has signed up to speak and no one from the audience
desires to speak
Bastian moves to approve CU-2-99 - Conditional Use Permit - A Bank with Drive-thru
Service - Salmon Point Development, Inc., Ron Bath, with Site Specific Conditions of
Approval and Standard Conditions of Approval attached. Seconded by Guerber.
Discussion. ALL AYE: MOTION CARRIES .............
E. PP-5-98 - Clear Creek Crossing Subdivision Preliminary Plat - Ja¥o Construction~
represented by Rovlanee & Associates: The applicant is requesting Council reconsideration of
a revised preliminary plat for Clear Creek Crossing Subdivision, a 54.8-acre, a 72-1ot (previously
89-lots) residential subdivision.(MLB)
Mayor introduces the issue.
Guerber moves to continue PP-5-98 Clear Creek Crossing Subdivision Preliminary Plat to
August 10, 1999, and re-advertise the Public Hearing that it has been continued and clarify
what the Public Hearing is about. Seconded by Bastian. ALL AYE: MOTION
CARRIES ............
F. A-1-99/RZ-2-99-Annexation and Rezone From RI & RT to R-l, R-4~ M-1A~ & PS-City
of Eagle: The City of Eagle, represented by Mark Butler, is requesting approval of an annexation
and rezone from R1 & RT (Residential) to R-1 & R-4 (ResidcntiaI), M-IA (Industrial Park), and
PS (Public/Semi Public). The 30+/- acre site is generally located neat the intersection of Hill
Road and State Highway 55. (MLB)
Mayor introduces the issue.
Butler: Displays an overhead of the area and discusses the same. General discussion.
Mayor opens the Public Hearing.
Mayor swears in Darrel Tague.
Darrel Tague, 2422 E. Hill Road. I'm opposed to going into the City Limits. Butterfields have
now changed their minds about going into the City. I would just as soon stay out of the City
unless you have something to offer. General discussion.
Mayor closes the Public Hearing
General Council discussion.
Bastian moves that we approve A-1-99/RZ-2-99 Annexation and Rezone from R1 & RT to
R-l, R-4, M-lA & PS - City of Eagle as represented by Mark Butler and in the document
before us and in that annexation we classify as AR, agricultural-residential, all of the
property East of Hwy 55 with the exception of the Patterson Property which would be M-
lA. Seconded by Merrill. ALL AYE: MOTION CARRIES .............
7. NEW BUSINESS:
A. Ordinance No. 352: An Ordinance Changing The Zoning Classification Of The Real
Property Described Herein From A (Agricultural) Classification To R-2-P (Residential Two
Units Per Acre With Pud) Classification; Amending The Zoning Map Of The City Of Eagle To
Reflect Said Change; And Providing An Effective Date.(MLB)
Mayor introduces the issue.
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 #352 be considered after being read once by title only.
reads Ordinance #352 by title only. Seconded by Merrill. ALL AYE: MOTION
CARRIES .................
Guerber moves that Ordinance #352 be adopted. Seconded by Merrill. Bastian: AYE;
Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES
Butler: Reports on the Boise City Council meeting.
Discusses ITD letter asking for a public road connection at Hwy 44. Council would like to have
this on an agenda.
8. ADJOURNMENT:
Merrill moves to adjourn. Seconded by Guerber. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 11:45 p.m.
Respectfully submitted: ,~o,~ 0 F ~ ~**%
CITY CLE~T~AS~R ~: ~ ~ ~ vr ~
APPROVED: