Minutes - 1999 - City Council - 08/10/1999 - Regular 0 R I G INAL
MINUTES
AUGUST 10, 1999
PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m.
1. Planning & Zoning Commission Liaison Report: No report.
2. Ada County Sheriff's Office: Sgt. Ron Freeman will present the monthly report. Sgt. Freeman,
Department has a new computer system and the monthly reports won't be available for a couple of
months. Discussion of burglaries in the Sherman area. Detective Rossi discusses these crimes which
consist of car burglaries and property burglaries. Juveniles are involved. All burglaries involved
unlocked cars and garage doors.
3. Bill Hallock will discuss a recreational vehicle waste disposal station site. Mayor introduces issue.
Bill Hallock, RV group associated with the Idaho State Parks and Recreation. Brian Miller, State Parks
and Recreation. Lynn Moser, Eagle Sewer District. Discussion on locations. One of the best spots
would be East of town on the property the State abandoned. The Sewer District has a major collection
line in that location. Cost to put in would be determined in part by service of the Sewer District. Bill
Hallock is interested in Highway 55 and we would like to get one central in the Eagle location. General
discussion. The RV Program would help with the construction of the facility and the City would be
responsible for the maintenance and operation. Brian Miller discusses the program and how the City
would proceed to become involved. Program is funded by fees paid when recreational vehicles are
registered. 99% of these funds go to the Idaho State Parks and Recreation. Applications are due the last
Friday in January and funds would be available July, 2000. This is a grant program. This would be the
City of Eagle's facility. Not a match program but the committee that approves grants does look for some
kind ora match from the applicant. General discussion. Lynn Moser, Eagle Sewer District, discusses his
research he conducted on a RV dump. The charge from the Sewer District could be up to $200 per
month.
4. David Munroe, Director of the Idaho Department of Safety will discuss electrical, mechanical and
plumbing inspections. Lynne called and spoke with David Munroe and invited them to come to Pre-
Council. David Monroe, I brought Mr. Malmen, Electrical Bureau Chief for the State of Idaho, and Mr.
Meyer, Plumbing Bureau Chief for the State of Idaho, with me tonight to answer any questions you have.
General discussion. Mike Mongelli, Building Official City of Eagle, I didn't receive the full packet.
There are a lot of good points for the State continuing doing our inspections. !0% is a clear 10% and it
looks like we wouldn't have any cost out of this fee. Liability insurance is a concern for independent
contract inspectors. State has a lot to offer especially with a 10% fee back to the City. General
discussion.
5. City Attomey Report: Moved to end of meeting.
6. City Engineer Report: Movedto endofmeeting.
7. City Clerk/Treasurer Report: Moved to end of meeting.
8. Zoning Administrator's Report: Moved to end of meeting.
9. Mayor and Council's Report: Moved to end of meeting.
REGULAR COUNCIL AGENDA: 7:50 p.m.
1. CALL TO ORDER:
2. ROLL CALL: MERRILL, BASTIAN, SEDLACEK, GUERBER. Ali 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 Councilmember, member
of City Staff, or a citizen requests an item to be removed from the Consent Agenda for
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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 #C from the Consent Agenda and approve the amended Consent
Agenda. Seconded by Guerber. ALL AYE: MOTION CARRIES ...................
A. Minutes of August 3, 1999.
B. Claims Against the City.
C. DR-16-99 -222 E. State Street: Request to move handicap ramp to east and expand
deck and request to eliminate center gable. (MLB)
D. Surplus Property: (SKM)
E. Award of Bid on Surplus Property: (SKM)
4C. DR-16-99 -222 E. State Street: Request to move handicap ramp to east and expand deck and
request to eliminate center gable. (MLB)
Merrill: This is an application from Mark Butler, the City Zoning Administrator, and I did not feel that
this should be on the consent agenda. I do have concern over the front deck area. Intended use of
building is for restaurants or attorney's office. General discussion.
Guerber moves to accept the proposal as presented. Seconded by Bastian. ALL AYE: MOTION
CARRIES ...........
Merrill moves to amend the Agenda by adding under New Business Item #7E: Change Work
Order, Trinity Construction, Inc., for temporary end ramps for the Island Wood Bike Bridge and
Bollards for the Pedestrian Underpass at Eagle Road; and Item #7F: Downtown Parking.
Seconded by Bastian. ALL AYE: MOTION CARRIES ..............
5. UNFINISHED BUSINESS:
A. DR-11-99 - Face Chan~e on Existing Pole Sign at Eagle Grill Restaurant - George Wade and
Lou Peiovich with Eagle Grill: Eagle Grill, represented by George Wade and Lou Pejovich, is
requesting design review approval for a face change of an existing sign located at the northwest corner of
State Street and Edgewood Lane at 1396 East State Street. The applicant is requesting this item be continued
to the 9/14/99 meeting, so that it may be considered in light of the proposed sign ordinance changes that may be
in effect at that time. (MLB)
Mayor: We have a request from Eagle Grill to continue this matter to the September 14, 1999,
City Council Meeting. So moved by Guerber. Seconded by Merrill. ALL AYE: MOTION
CARRIES .........
B. Request for a formal waiver of original condition of approval requiring a 6' high wood fence
around the perimeter of Kestrel Cove Subdivision: (MLB) This item was continued from the 8/3/99
meeting.
Mayor introduces the issue.
General Council discussion.
Bastian moves to approve the Request for a formal waiver of original condition of approval
requiring a 6' high wood fence around the perimeter of Kestrel Cove Subdivision with the
following specific attachments: 1. Only where property abuts the drain; 2. Property owners are to
conform to the conditions of Drainage District #2's letter dated August 6, 1999, and that a copy of
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said letter is mailed to the homeowners. Seconded by Merrill. ALL AYE: MOTION
CARRIES ............
C. Discussion of lighting for the pedestrian pathway tunnel under Eagle Road. (SEB)
Mayor introduces the issue.
City Attorney: I talked to ITD today. I have requested that they complete this by thc 24t~ of August. I
have only received positive feed back from Mr. Justice. ITD has not entered into a maintenance
agreement as the City is requesting so this is taking a little time.
D. Downtown Skateboard Park: (NM)
Mayor introduces thc issue.
Men-ill: This is a gathering area for the kids to use until the Skateboard Park is built. It is temporary and
will be used only until the Skateboard Park is finishcd. Thc cost will be very minimal to the City.
Wes Steel, ttabitech Archictects, displays overheads of thc site plan and discusses the same. Discussion
on the preliminary budget. With contributions and donations thc budget can be reduced. General
discussion. This would take a maximum of two weeks to complete.
Guerber moves to table the Downtown Skateboard Park until after the Executive Session.
Seconded by Merrill. ALL AYE: MOTION CARR/ES .........
6. PUBLIC HEARIFIGS:
A. PP-5-98 - Clear Creek Crossing Subdivision - Ja¥o Construction: Jayo Construction, represented
by Roylance & Associates, is requesting Council consideration and action on a revised preliminary plat
for Clear Creek Crossing Subdivision, a 54.8-acre, 72-1ot (previously 89-1o0 residential subdivision
generally located on thc southwest comer of N. Eagle Road and Floating Feather Road. (MLB)
Mayor introduces the issue.
Mayor swears in Steve Bradbury.
Steve Bradbury, Attorney for the applicant. Provides an overview and history of the application. The
primary issue for discussion is that the Dry Creek flume be replaced with a siphon. The applicant and
consultants have study this and agree to do so. Discusses the July 9, 1999, letter to the City from
Roylance & Associates P.A. (Bradbury submits documents for the record) General discussion.
Ken Rice, Holladay Engineering, The letter is the Lomr for this property and thc Lomr for Brookwood
and they are combined in a single letter. That letter is still subject to public comment prior to final action
which would come sometime in October. I understand that this is not something unusual, the date stamp
was put in thc wrong place. General discussion.
Mayor swears Dave Roylance in.
Dave Roylance, Civil Engineer, Discusses the Lomr. We will have to final another one assuming the
Ditch Company approves our siphon. Conditional of approval could be subject to approval of the new
Lomr referencing the siphon.
Butler: The project has previously been presented to you so I will be brief. Distributes the previous
Findings of Fact and Conclusions of Law. Provides an overview of thc application. General discussion.
Ken Rice, Holladay Engineering. In my letter I strongly support the flume being replaced with a siphon.
I also think that the applicant should be given some consideration and grace if the new Lomr takes time
for approval. General discussion.
Mayor opens the Public Hearing
Mayor swears in Gary Gear.
Gary Gear, Chairman of the Board of Trustees Eagle United Methodist Church. My concern is with
ACHD. We are in the process of submitting an expansion of our facility. ACHD requires of us to widen
our driveway for the potential extension of Ranch Drive. I would like to know if this developer has been
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approached about this potential extension of Ranch Drive and if this is addressed in their proposal.
Butler: Mr. Roylance has designed this so that their Ranch Drive would align to this. General
discussion. ACHD wants this to be a higher standard collector. Similar to Ranch Drive on the other
side.
Gary Gear, I would like to go on record that the congregation opposes any construction in the flood way
or flood plain.
Mayor swears in Russ Buschert.
Russ Buschert 235 Floating Feather Road. Presents pictures to Council of a flood of Dry Creek and
discusses this flooding. Discusses the proposed siphon. The connector road is a problem that needs to
be fixed. Discusses a conversation he had with someone in the FEMA office. Submits document for the
record. I would like to see Council deny this application. A group of citizens would like to buy this
property at a fair price.
Steve Bradbury. Discusses the connector road. The Highway District has reviewed and approved the
connector road. This project meets the requirements of the City's regulations in place at the time this
application was made. General discussion.
City Attorney: Discusses the letter dated August 10, 1999, that was presented at the City Council
meeting.
Council discussion.
Steve Bradbury, discusses the flood way line on the preliminary plat. This flood way line was in place
prior to the Lomr. Subsequent to the approval of the Lomr before FEMA now this flood way line will
move. The proposal you have before you today would not include any lots in the flood way.
Mayor closes the Public Hearing
Council discussion on the application.
Steve Bradbury, The applicant's intention is to comply with the 50' set back, not net loss and 2 foot
above.
Further Council discussion.
Merrill moves to approve PP-5-98 Clear Creek Crossing Subdivision - Jayo Construction with
these stipulations: with the Site Specific Conditions of Approval as presented by Planning &
Zoning and Staff, including that we enter into the record the entirety of the City's previous files
including May, 1998 and July, 1998, that we include the reconsideration documents, that we
include the revised Plat, that we include the minutes of all the Brookwood Subdivision, that we
include the final approval of the Lomr #2, that they enter into an agreement with Dry Creek Ditch
Company which will address the issues of maintenance and the building of the ditch siphon tube,
that they address the issues as presented in the Findings of Facts of February 23, 1999, and that we
receive those back in the form of Findings of Fact and Conclusions of Law by Staff to be reviewed
at the next City Council meeting, and that no lots built in the flood way, there is a 50' set back
from the floodway, that we shall have a no net loss grading plan, that the road shall be constructed
6" above the BFE, that they shall elevate the floor 2' above the BFA, that they reduce the density
by 17 lots, 19%. Seconded by Guerber. Discussion. THREE AYES: ONE NAY: MOTION
CARRIES .........
Mayor calls for a recess at 10:20 p.m.
Mayor reconvenes at 10:35 p.m.
7. NEW BUSINESS:
A. 99-1-S - Whitehorse Subdivision - Robert and Jane Klostermant: Robert and Jane Klosterman,
represented by Roylance and Associates, is requesting preliminary plat approval for Whitehorse
Subdivision, a 2-lot, 17.55-acre residential subdivision. The proposed subdivision is located on the
southeast comer of Park Lane and Beacon Light Road. This subdivision is located in the Eagle Area
of Impact. (MLB)
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Mayor introduces the issue.
Butler: Staff recommended approval.
Bastian moves to approve 99-1-S Wkitehorse Subdivision - Robert and Jane Klostermant with the
Site Specific Conditions as recommended by Planning and Zoning and Standard Conditions of
Approval. Seconded by Sedlacek. ALL AYE: MOTION CARRIES .........
B. Zoning Administrator is requesting Council review and approval of a draft letter to ITD regarding
access to State Highway 44. (MLB)
Mayor introduces the issue.
Butler: Discusses the proposed draft letter. General discussion.
Council agrees to address this after seeing the transportation component of the Comp Plan and to
advertise this as a public hearing for public input.
C. Resolution 99-6: - A resolution adopting appeal procedures for Ordinance 345 Development Impact
Fees. (SKM)
City Attorney: I am still working on this resolution and hope to bring to you at the August 24, 1999, City
Council meeting. I would like to take this resolution to the BCA for their input. Council would like City
Attorney to draft the resolution and present same to the Advisory Committee for their review. This will
not come back to you by the 24t~ if the Advisory Committee reviews. General discussion.
D. Idaho Community Foundation: (RY & SG)
Mayor introduces the issue.
Guerber: It is my understanding that we have until the end of the year to meet the goal. Would the
Council be willing to authorize the Mayor to put in what we would need to meet this goal. General
discussion.
Merrill moves to authorize the Mayor to fund the Idaho Community Foundation to the extent that
the Foundation is fully funded by the end of September, 1999. Seconded by Sedlacek. ALL AYE:
MOTION CARRIES .............
E. Change Order, Trinity Construction for temporary end ramps for the Island Wood Bike Bridge
and bollards for the pedestrian underpass at Eagle Road.
Mayor introduces thc issue.
Merrill discusses the change order.
Guerber moves to approve. Seconded by Bastian. ALL AYE: MOTION APPROVES .........
F. Downtown Parking.
Merrill: Discusses the diagonal parking on Idaho Street by the U.S. West building. Mark and I
measured today and there is enough room according to ACHD standards to allow the parking. We talked
to Al, ACHD, and the cost to put in 6-9 parking spaces would be: $1.83 a square foot for a total of
$2,750. This could be done immediately. General discussion.
Merrill moves to approve the cost for the installation of the 6-9 parking spaces on Idaho Street by
the U.S. West building for the cost of $2,750. Seconded by Bastian. ALL AYE: MOTION
CARRIES ........
8. EXECUTIVE SESSION:
Merrill moves to go into Executive Session for discussion of personnel issues and possible litigation.
Seconded by Guerber. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE:
MOTION CARRIES .............
Council discusses personnel issue and possible litigation.
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5D. Skateboard Park:
Council discussion.
Gnerber moves to authorize the beginning of construction on the temporary Skateboard Park on
the East Side of Washington Federal, authorizing the funding as presented to us as the maximum
amounts. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ............
Mayor and Council reports.
Guerber. Discusses lights out on State Street.
Merrill: Reports on the Ada County/Eagle Skateboard Park. Reports on trees in the downtown area.
Reports on the bridge and pathway at Island Woods. Discussion on the repairs at the tennis court.
Bashan: Reports on contact with Meridian School District on lots at Eagle Academy. They are
interested and will discuss the issue and contact the City.
Sedlacek: Walt Schall would like something in writing that the City intends to purchase the property and
what the conditions would be. City Attorney would like to put this together for Council approval.
Discussion on Di Vinci's parking agreement. Eagle Sewer District voted to notified the City of Eagle
that they are not interested now or in the near future to the consolidation.
Zoning Administrator Report: No report.
City Clerk Report: Jerome Mapp willbe at Pre-Council on August 17, 1999. Distributes acopy of the
Election Calendar. Received appraisal report from Valuations Northwest. Discussion of storage at the
State Historical Society in the archives. Discussion on Joint Meeting, September 7, 1999, with ACHD
Commissioners.
9. ADJOURNMENT:
Bastian moves to adjourn. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ..............
Hearing no further business the Council Meeting adjourned at 12:30 p.m.
Respectfully submitted:
MOORE
CITY CLERK/TREASURER
APPROVED:
RICK YZ~GUIRP~*
MAYOR
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