Minutes - 1999 - City Council - 09/14/1999 - Regular· ' ORIGINAL
EAGLE CITY COUNCIL MEETING
September 14, 1999 Minutes
PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m.
1. Planning & Zoning Commission Liaison Report: No report.
2. Julie Numbers-Smith, Executive Director of the Boise Arts Commission. Mayor introduces
Julie Numbers-Smith. Julie discusses the Metro Arts Plan and how this plan could be
incorporated into the City of Eagle. General discussion.
3. City Attorney Report: Update on ITD and City of Eagle Pedestrian Tunnel Maintenance
Agreement: Susan Buxton. Add to the agnnda under Old Business: Consideration of the
Contract from ITD for the Pedestrian Tunnel Maintenance. Also, under Executive Session a
discussion on threatened litigation.
4. City Engineer Report: Vern Brewer discusses the flood insurance program and the
community rating system. Vem discusses the amended flood map that should be out in late
October, early November.
5. Sgt. Freeman presents the monthly report from the Sheriff's Office and discusses the same.
We have a bike rodeo coming up September 25~. Discussion on the drug problem in Eagle.
General discussion.
6. City Clerk/Treasurer Report: Financial Statements for July have been distributed. You each
have a copy of the final budget report. Tracy and I will be gone the remainder of the week,
we are attending the Clerk's annual institute in McCall.
7. Zoning Administrator's Report: Butler discusses the improvemants on Eagle Road that
ACHD is putting in. There is some concerns with the irrigation systems and the landscaping.
G~neral discussion. Discussion on the Sign Ordinance. General Council discussion.
8. Mayor and Council's Report: Establish date to walk the pathway route east of the Island
Woods Bridge.
Sedlacek: Discussion on a letter to the owner of the Pioneer Building on making an offer on
the lot. We have the issue of the mobile home on the Jensen property. I understand the
Jensens have sold their property. General discussion.
Bastian: No report.
Guerber: Discusses the AIC meeting of the Legislative Committee. I will send each of you a
copy of the list of legislation.
Mayor: No report.
REGULAR COUNCIL AGENDA: 7:30 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.
Guerber moves to approve the Consent Agenda as presented. Seconded by Bastian.
Discussion. Sedlacek would like to remove Item B from the Consent Agenda. ALL AYE:
MOTION TO APPROVE THE AMENDED CONSENT AGENDA CARRIES .........
A. Claims Against the City.
B. Minutes of August 10, 1999
C. Minutes of August 17, 1999
D. Minutes of August 21, 1999
E. Minutes of August 24, 1999
F. Minutes of August 31, 1999
G. Minutes of September 2, 1999
H. Minutes of September 7, 1999
4B. Minutes of Aueust 10. 1999.
Sedlacek: I have one correction: Page 4, towards the bottom, it states "6' above BFE" and this
should be 6".
Sedlacek moves to approve the minutes of August 10, 1999. Seconded by Guerber. ALL
AYE: MOTION CARRIES .............
5. FINAL PLATS: None
Guerber moves to add to the agenda as Item C. under Unfinished Business Eagle
Pedestrian Tunnel. Seconded by Bastian. ALL AYE: MOTION CARRIES ................
6. UNFINISHED BUSINESS:
A. Annlicant anneal of DR-11-99 - Face Change on Existing Pole Sign at Eagle Grill
Restaurant - Georee Wade and Lou Peiovich with Eaele Grill: This item was continued to
this date by the City Council. Eagle Grill, represented by George Wade and Lou Pcjovich, is
requesting design review approval for a face change of an existing sign located at the northwest
comer of State Street and Edgewood Lane at 1396 East State Street. (MLB)
Mayor introduces the issue.
Butler: Provides an overview of the application.
Lou Pejovich, Eagle Grill. General discussion between applicant and Council on the changes to
the sign ordinance. Lou requests that this matter be continued to October 12, 1999.
Guerber moves to continue this matter to October 12, 1999. Seconded by Sedlacek. ALL
AYE: MOTION CARRIES ..............
B. Discussion of Drainaee District No. 2 at Gleneaele Subdivision. (SEB)
Mayor introduces the issue.
Buxton: It appears that Mr. Webster is ready to give the property to the City of Eagle. We
discussed the City concern that some the lights and improvements needed to be fixed and
brought up to date. Mr. Bradbury believes that Mr. Webster would agree to do that. The
property deeds and paperwork would need to be prepared. General discussion.
Guerber moves to instruction the City Attorney to seek negotiations and the appropriate
paperwork needs to be done to transfer the land under the guidelines set down by Council.
Seconded by Bastian. Discussion. ALL AYE: MOTION CARR/ES ...................
C. ITD Pedestrian Walkway Maintenance Agreement. (SEB)
Buxton: Discusses the proposed agreement. My recommendation would be to sign the
agreement.
Bastian moves to sign the City of Eagle and ITD Pedestrian Walkway Maintenance
Agreement as proposed by the City Attorney. Seconded by Sedlaeek. ALL AYE:
MOTION CARRIES .........
7. PUBLIC HEARINGS:
A. Pronosed Realienment of Ballantvne/State Street/State Hiehwav 44 Intersection: The
City is seeking public input on the design proposals for the realignment of the intersection of
State Highway 44, State Street and Ballantyne Lane. The City will be reviewing the two plans
posted for this hearing and will be forwarding a recommendation to ACHD on a plan design that
meets the City's traffic and safety objectives.
Mayor introduces the issue.
Sedlacek: I need to step down as my brother and parents own property that will be impacted and
I have a conflict of interest.
Butler: Provides an overview and displays overheads on the proposals and discusses the same.
Mayor swears in Lynne Sedlacek:
Lynne Sedlacek, 1200 Hereford Dr., Discusses the options and how the options impact her
brother's property and her parents property. Discussion on meetings with ACHD on the
different options. Discusses safety concerns.
Mayor swears in Marq Ross
Marq Ross, 1364 Chance Ct. Lynne pretty much said it all. Doesn't like the options.
Discussion on safety concerns. I would be against 8A and the other two options.
Mayor swears in Cathie Simonson
Cathie Simonson, 550 Sierra View Way, Redwood Creek Subdivision. I am here to support
Lynne and her family. It is obvious that these proposals are bad. Discussion on the number of
accidents in this area. Discussion on the development of Country Side Estates.
Mayor swears in Colleen Maile
Colleen Maile, 885 Rush Lane. I drive Ballantyne every day. The curve and slant of the road
make it very dangerous. Discusses the impact on the Kunkler property. Something has to be
done with intersection. It seems that everything needs to be moved to the West.
Mayor swears in Mike Wiesman
Mike Wiesman, 1394 Kenai. I live in the Pine Ridge Subdivision which would be severely
affect with #SA. I agree with everything that Mr. ButIer had to say. Discusses the other
alternatives.
Mayor swears in Craig Van Englen
Craig Van EngIen, 2545 Lake Fork. 8A is so silly I'm not even going to talk about it.
Discussion on when the bypass went in. Discusses option #2 and #3. My concern is that this
situation is so unsafe. The only solution that we could reach tonight that would have an
immediate impact is that the City Council vote to lower the speed limit.
Mayor swears in Mike Plunckett
Mike Plunckett, 842 Ballantyne, I spent some time looking at the way this done. First, it was
wrong in the beginning. A stop light would also work.
Mayor swears in Lorell Whitley
Lorell Whitley, 1548 W. Kenai Court. I would be 2 homes away from that street that is proposed
in Alternative 8A. We believe this alternative would drastically affect our property values. We
have discussed this at our Homeowner's Association and we are ready to oppose 8A.
Mayor swears in Marti Taylor
Marti Taylor, 832 Hialeah, I was a design major in college, this needs to be taken back to the
drawing board. ACHD needs to have their mission statement reviewed. ITD caused this
problem and I think ITD should be involved in fixing this problem and funding it. Highway 55
and State Street is also a problem. There should be a meeting with all the agencies involved and
a solution arrived at.
Mayor swears in Betty Miller
Betty Miller, 959 Preakness, I avoid Ballantyne all of the time. When I first saw 8A, I thought
that was scary. My suggestion is a breakfast meeting or a brunch, I will host it and finance it,
you can invite ACHD and ITD.
Mayor swears in Terry Hepner
Terry Hepner, 642 Steepleview, What we are trying to accomplish is take out 2 roads and make
them into one.
Mayor swears in Boyd Wilson
Boyd Wilson, 1423 W. Colville Court, Discusses Alternative 2 and makes his suggestions.
Mayor swears in Katherine Hepner
Katherine Hepner, 642 Steepleview Road, testifying as a private citizen. Discusses the proposals
and offers her comments and suggestions.
Mayor swears in Doren Ellis
Doren Ellis 2765 Floathing Feather Road, Discusses the various proposals, safety concerns and
provides his comments and suggestions.
Mayor swears in Ed Salvi
Ed Salvi, 2568 W. Timber Dr., We are trying to find a cheap solution to an expensive problem.
Offers his comments and suggestions.
Mayor swears in Ed Hendershot.
Ed Hendershot, 1283 S. Gosling, I occasionally drive an emergency vehicle and most of these
alternatives are problems when responding to an emergency.
Mayor swears in Rod Heller
Rod Heller 2760 W. Conifer Drive, I am in agreement that most of these eat up the farmland
which is unnecessary. I have made a sketch that no one else has come up with, this would
involve overpasses. The immediate solution would be a stop light.
Mayor closes the Public Hearing.
General Council discussion.
Bastian moves to authorize the Mayor to request the affected interested parties to meet,
particularly the decision makes of the various boards and the property owners to come up
with a possible solution that could then be formulated in a proposal for the various entities,
ITD, ACItD and the City of Eagle. Seconded by Guerber. ALL AYE: MOTION
CARRIES ...............
Mayor calls a recess at 9:30 p.m.
Mayor reconvenes the meeting at 9:40 p.m.
B. VAC-1-99 - Vacation to the final plat of Triple Ridge Estates Subdivision - U.S. Bank:
U.S. Bank, represented by Briggs Engineering, Inc., is requesting City approval of a vacation to
the final plat of Triple Ridge Estates Subdivision to remove the easements along the lot lines that
were moved via a lot line adjustment application through Ada County. The proposed vacation
will allow the removal of the drainage, utility, and maintenance easements along the common lot
lines between Lots 17 & 18 and Lots 18 & 19, Block 1. The proposed vacation will also allow
(as a correction) the removal of the private road, drainage, irrigation, and utility easements from
their current location shown on Exhibit "A" and be relocated over the existing road. The site is
located the east side of N. Triple Ridge Place approximately ½-mile north of Floating Feather
Road. This site is located in the Eagle Area of Impact. (MLB)
Mayor introduces the issue.
Butler: Displays an overhead and discusses the issue.
Mayor opens the Public Hearing.
Mayor closes the Public Hearing.
Sedlacek moves to approve VAC-1-99 Vacation to the final plat of Triple Ridge Estates
Subdivision subject to the staff conditions and standard conditions of approval. Seconded
by Bastian. ALL AYE: MOTION CARRIES .............
8. NEW BUSINESS:
A. Request for reconsideration of Council denial of extension of Time for CU-3-97 - Gravel
Extraction - Ed Hendershot: Ed Hendershot is requesting City Council reconsideration of their
August 24, 1999, denial of a second one year extension of time for the conditional use permit
approval (CU-3-97) for a gravel extraction operation. The 26.82-acre site is located
approximately 3/8-mile east of Eagle Rd., abutting Island Woods Subdivision on the west and
the North Channel of the Boise River on the north. (MLB)
Mayor introduces the issue.
Ed Hendershot, I said what I needed to in my letter, I'm here to answer your questions. General
discussion.
Guerber moves to grant a one year extension on CU-3-97 Gravel Extraction Ed hendershot.
Seconded by Bastian. ALL AYE: MOTION CARRIES ...........
B. FPUD-4-99 & FP-12-99 - Final Development Plan and Final Plat for Brookwood
Subdivision No. 1 - Aries Development, LLC: Aries Development, LLC, represented by Mike
Hormaechea, is requesting final development plan and final plat approval for Brookwood
Subdivision Phase 1, a 97-1ot (75-buildable) residential subdivision. This 67.26qacre (approx.)
phase of Brookwood PUD is located on the northeast comer of Eagle Road and Floating Feather
Road. The site is within the Eagle City Limits.. (MLB)
Mayor introduces the issue.
Butler: Staff and Planning & Zoning Commission have recommended approval. Displays and
site plan and discusses the same. Discussion on the landscaping and the well.
Buxton: Discusses showing the pathway as a lot and not an easement. With regard to the well,
the City needs to maintain some flexibility in regards to the well. The City is looking for a new
well site.
Veto Brewer, Holladay Engineering, discusses water rights. General discussion.
Evan Roberts, representing the developer, discusses water rights.
G~neral Council discussion.
Guerber moves to approve FPUD-4-99 & FP-12-99 Final Development Plan and Final Plat
for Brookwood Subdivision No. 1 - Aries Development, LLC. with the condition that before
the final plat is signed by the Engineer we will have negotiated an appropriate water
solution agreed upon by the developer and the City of Eagle, plus site specific conditions of
approval, recommendations of the Planning & Zoning Commission, Staff and Council.
Change Condition #10 to provide a lot as opposed to an easement for the pathway along
Dry Creek. City Council accepted the berming. Seconded by Bastian. Discussion. TWO
AYE: ONE NAY: MOTION CARRIES .............
C. FPUD-3-99 & FP-11-99 - Final Develonment Plan and Final Plat for Banbur¥ Meadows
Subdivision 1~o. 3. - Banburv Meadows, LLC: Project Summary: Banbury Meadows, LLC,
represented by Roy Johnson, is requesting final development plan and final plat approval for
Banbury Meadows Subdivision Phase 3, a 70-lot (66-buildable) residential subdivision. This
24.23-acre (approx.) phase of Banbury Meadows PUD is located on the west side of Eagle Road
approximately ½-mile north of Chinden Blvd.. (MLB)
Mayor introduces the issue.
Dick Phillips, 210 Murray Street, Boise. We are in agreement to the Staff Report and have no
objections. Discussion on George Dillards complaints about golf balls. George has agreed that
higher netting is acceptable to him.
Butler: The Staff Report speaks for itself.
Guerber moves to approve FPUD-3-99 & FP-11-99 Final Development Plan and Final Plat
for Banbury Meadows Subdivision No. 3 - Banbury Meadows, LLC. as present with the
stipulations set down by Staff, Planning & Zoning and City Council. Seconded by
Sedlacek. ALL AYE: MOTION CARRIES ..............
D. Findings and Conclusions for PP-$-98 - Clear Creek Crossine Subdivision - Ja¥o
Construction: Project Description: Jayo Construction, r~resented 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.
Buxton: The applicant and myself are requesting that this be continued to October 12, 1999.
Bastian moves to continue this matter to the October 12, 1999, City Council meeting.
Seconded by Guerber. ALL AYE: MOTION CARRIES ............
E. Idaho Humane Society 1999-2000 Contract: (SKM)
Mayor introduces the issue.
Buxton: Discusses proposed changes to the Contract. General discussion.
Sedlacek moves that for the period October 1, 1999, to September 30, 2000, that we accept
the Service Agreement for Animal Control Services with the Idaho Humane Society.
Seconded by Bastian. Bastian: AYE; Sedlacek: AYE: Guerber: AYE: ALL AYE:
MOTION CARRIES .............
F. Gibbons, Scott & Dean LLP Auditors Contract: (SKM)
Mayor introduces the issue.
Buxton: Discusses the contract. General discussion.
Bastian moves to approve the auditing firm contract with Gibbons, Scott & Dean LLP for
the year ending September 30, 1999. Seconded by Sedlacek. Bastian: AYE; Sedlacek:
AYE; Guerber: AYE: ALL AYE: MOTION CARRIES .........
G. Ada County Sheriff's Office 1999-2000 Contract: (SKM)
Mayor introduces thc issue.
Buxton: Recommends approval. Discussion on Cancellation provision. I would like to talk to
their legal counsel on changing this clause. General discussion.
Bastian moves to approve the Eagle Security Services and Joint Powers Agreement
between the City of Eagle and Ada County for police services. Seconded by Guerber.
Bastian: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES ...........
H. Eagle Senior Center Van Use Agreement 1999-2000: (SKM)
Mayor introduces the issue. General discussion.
Sedlacek moves to approve the Eagle Senior Center Van Use and Senior Center Utility
Agreement. Seconded by Guerber. Bastian: AYE; Sedlacek: AYE; Guerber: AYE: ALL
AYE: MOTION CARRIES ..............
I. Resolution 99-7: A Resolution Proclaiming A General City Election To Be Held On
November 2, 1999, Designating The Polling Places, Designating The Registrar And Deputy
Registrars, And Ordering The City Clerk To Give Notice Of Such Election (SKM)
Mayor introduces the issue.
Bastian moves to approve Resolution 99-7. Seconded by Sedlaeek. ALL AYE: MOTION
CARRIES ..........
9. EXECUTIVE SESSION:
A. Pending or Threatened Litigation I.C. 67-2345(f)
Guerber moves to go into Executive Session to discuss pending or threatened litigation, LC.
67-2345(0. Seconded by Sedlacek. Bastian: AYE; Sedlacek: AYE; Guerber: AYE: ALL
AYE: MOTION CARRIES ..............
Council discussion on pending or threatened litigation.
10. ADJOURNMENT:
Bastian moves to adjourn. Seconded by Sedlacek. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 11:00 p.m.
Respectfully submitted:
I ~
CI~ CLE~AS~R
APPROVED:
PaCK YZ^a[J ,
MAYOR u