Minutes - 2000 - City Council - 04/11/2000 - RegularORIGINAL
EAGLE CITY COUNCIL
MINUTES
APRIL 11, 2000
PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m.
Council President Merrill: The Mayor is attending a funeral and will be here about
8:30 p.m.
1. Ada County Sheriffs Office - Sgt. Freeman will present the monthly report for March. Sgt.
Freeman distributes copies of the report and discusses the same. General discussion. Discussion
on moving the temporary Skateboard Park to Rocky Mountain Fitness Center. We are looking to
have the Park moved at the end of the month.
2. Mercy Housing of Idaho: Jim Birdsall will address the Council. (15 min) Jim BirdsalI
distributes the Annual Report for Mercy Housing of Idaho. Jim discusses a project that they are
interested in developing in Eagle and discusses the City sponsoring a block grant for Mercy
Housing to fund this project. General discussion with Jim Birdsall, Mary Pridmore and Rich
Kenny, Mercy Housing, and Council. Veto Brewer discusses block grant information on Senior
Centers.
3. Library Board: A Library Board representative will address Council regarding the temporary
skateboard park area. No one from the Library Board is present at the meeting.
4. City Attorney Report: Discusses the agreement for reconveyance of real property from Mr.
Bradbury. I would like final approvals placed on the next meeting agenda. General discussion.
Discusses the employment policy handbook. Discusses the well agreement with Hormachea,
Brookwood Subdivision. A copy of the well agreement is distributed to the Council. Update on
the Employment Policies Handbook. General discussion.
5. City Engineer Report: Update on pedestrian pathway issues. General discussion The well
agreement and the well permit and discussed.
6. City Clerk/Treasurer Report: Moved to the end of the meeting.
7. Zoning Administrator's Report: Moved to the end of the meeting.
8. Mayor and Council's Report: Moved to the end of the meeting.
REGULAR COUNCIL AGENDA: 7:40 p.m.
1. CALL TO ORDER BY COUNCIL PRESIDENT MERRILL: The Mayor will be here
about 8:30 p.m.
2. ROLL CALL: Bastian, Merrill, Sedlacek, Guerber. All 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
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.
A. Claims Against the City.
B. Minutes of March 21, 2000.
C. Minutes of April 4, 2000.
D. Arbor Day Proclamation: The Mayor is requesting Council to approve the date of
June l0th for the City to Celebrate Arbor Day this year.
E.8G. Findings and Conclusions for DR-9-00 - Jackson's Food Stores: Project
Description: Jackson's Food Stores, represented by Eric Williams with Young
Electric Sign Company, is requesting design review approval of two monument signs
for Jackson's Food Store. The site is located on the northwest comer of State Street
and Eagle Road at 30 West State Street.(MLB)
Butler: I would request that Item 8G be moved to the Consent Agenda for approval.
Bastian adds Item #8G to the Consent Agenda and adds Mercy Housing Idaho, Inc. request for a
partnership in a Community Block Grant to the Agenda before Unfinished Business.
Merrill removes Item g4C from the Consent Agenda.
Guerber removes Item #4B from the Consent Agenda.
Bastian moves to approve the Consent Agenda as amended. Seconded by Guerber. ALL
AYE: MOTION CARRIES .................
4B. Minutes of March 21, 2000.
Merrill: I removed these minutes from the Consent Agenda as I was not at the meeting and will
abstain from voting on this item.
Guerber moves to approve the minutes of March 21, 2000. Seconded by Bastian. THREE
AYES: ONE ABSTAIN: MOTION CARRIES .........................
4C. Minutes of April 4, 2000.
Guerber: I removed these minutes from the Consent Agenda as I was not at the meeting and will
abstain from voting on this item.
Sedlacek moves to approve the minutes of April 4, 2000. Seconded by Bastian. THREE
AYES: ONE ABASTAIN: MOTION CARRIES ....................
Mercy Housin~ Idaho. Inc.. community block grant.
General Council discussion.
Bastian moves to direct the Mayor and Staff to draft a letter of intent to apply for a
Community Development Block Grant in behalf of Mercy Housing Idaho, Inc. Seconded
by Sedlacek. ALL AYE: MOTION CARRIES .........................
5. FINAL PLATS: NONE
6. UNFINISHED BUSINESS:
A. Appointment of Cultural Arts Commission Members: The Mayor is requesting Council to
confirm the appointments to the Commission. (RY) This item was continued from the March 14,
2000 meeting.
Council President introduces the issue.
Sedlacek moves to appoint the Cultural Arts Commission as listed on Exhibit 6A.
Seconded by Bastian. Discussion. ALL AYE: MOTION CARRIES ........................
B. Approval of lease of property to re-locate the temporary skate park facility: (SEB)
Council President introduces the issue.
Guerber moves to continue this item to the next Council meeting on April 25, 2000.
Seconded by Sedlacek. ALL AYE: MOTION CARRIES ......................
7. PUBLIC HEARINGS:
A. PP-2-99 - Colony II Subdivision "Revised" Preliminary Plat - Craie and Kristen Van
Engelen: Craig and Kristen Van Engelen are requesting preliminary plat approval for the Colony
II subdivision "Revised", a 50.27-acre, 49 lot (47-buildable) residential subdivision located on
the south side of Floating Feather Road approximately '/2-mile west of Ballantyne Road. (MLB)
Council President introduces the issue.
Kristen Van Engelen, applicant, provides a history of the project. Displays an overhead of the
proposed preliminary plat and discusses the same.
Butler: Staff recommends approval with certain conditions of approval. Discusses the
conditions of approval. General discussion.
Council President Merrill opens the Public Hearing. No one speaks to this issue.
Council President Merrill closes the Public Hearing.
Kristen Van Engelen discusses the fencing.
Guerber moves to approve PP-2-99 Colony II Subdivision "Revised" Preliminary Plat with
the stipulations set down by the Planning and Zoning Commission. Seconded by Sedlacek.
Discussion. Guerber amends his motion to add the condition on the fence as presented by
the applicant: The Marshall property would have a 6' high white vinyl fence with lattice
on the top and the 5 Acre parcel of property will be fenced by the property owners at a
future date. Second concurs. ALL AYE: MOTION AS AMENDED
CARRIES ........................
8. NEW BUSINESS:
A. Appointments to the City Facilities Assessment Committee: (RY)
Council President introduces the issue.
Guerber discusses the committee.
Guerber moves that the committee recommended by the Mayor be approved. Seconded
by Bastian. ALL AYE: MOTION CARRIES ........................
Discussion on the goal of the committee.
B. Lease Agreement for Eagle Tropical Snow location in Heritage Park: (SKM)
Council President Merrill introduces the issue.
The Mayor has returned and will conduct the remainder of the meeting.
Council discussion.
Merrill moves to approve the Lease Agreement with Eagle Tropical Snow. Seconded by
Guerber. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE:
MOTION CARRIES .....................
C. Request for reconsideration for DR-35-98 "Awnings": Bill Hodges is requesting that the
awnings that were shown on the approved elevation plans for Eagle Market Place not be required
(MLB)
Mayor introduces the issue.
Merrill: I would like a clarification, we have four reconsideration on this agenda. I'm very
concerned about these reconsiderations. I understand that there has been a recent ruling on
reconsiderations.
City Attorney: There is a ruling that came out January 10, 2000, by the Court of Appeals on an
application for a conditional use permit where the applicant was denied and he asked for a
reconsideration and the reconsideration was never acted on. Discusses the ruling in detail. It is
my understanding that you do not provide for anything under your Ordinances to allow for
reconsideration any time in the future after a final decision has been made. You do adopt the
Roberts Rules of Orders which would allow for a reconsideration either at the same meeting or
the very next meeting if the people voting on the motion agree to allow such a reconsideration.
General Council discussion.
Bastian moves to reconsider DR-35-98 specifically the awnings issue. Seconded by Guerber.
Discussion. Bastian withdraws his motion. Second concurs.
Council discussion.
Bastian moves to reconsider DR-52-99 Master Sign Plan and specificaily the question of the
awnings. Seconded by Guerber. Discussion. THREE AYES: ONE NAY: MOTION
CARRIES ......................
Bill Hodges, applicant, discusses an editorial in the Statesman. I do understand your concern.
Discussion on signage and the awnings.
Further Council discussion.
Guerber moves to remand this item to Design Review for a recommendation on the request
to eliminate the awnings and how the signs should be handled if the awnings are not
approved. Seconded by Sedlacek. Discussion. THREE AYES: ONE NAY: MOTION
CARRIES ..................
D. Request for reconsideration for CU-8-99 "Skateboard Area": Steve Bradbury is
requesting that Council reconsider their decision which requires a skate board ama within Two
Rivers Subdivision as a part of CU-8-99. (MLB)
Mayor introduces the issue.
City Attorney: D and E are one in the same. General discussion.
E. Findings and Conclusions for CU-8-99 - Dennis M. Baker & Associates: Project
Description: Dennis M. Baker & Associates, represented by Dan Torfin, is requesting
conditional use approval for a 48-foot high tower which acts as an architectural feature for thc
Community Center within Two Rivers Subdivision No. 1 (formally Quarter Circle Ranch). The
site is located on the west side of Eagle Road approximately Y4-mile south of State Highway 44
at 1501 S. Eagle Road. (MLB)
Mayor introduces the issue.
Guerber: In light of the fact that there are questions on the legality of the decision
regarding the skateboard area I move to reconsider the decision regarding the skateboard
in conjunction with the review of the Findings and Conclusion on CU-8-99. Seconded by
Merrill. ALL AYE MOTION CARRIES .........................
Dennis M. Baker, applicant, adding the skateboard area to the Condition Use is of concern to us.
I do feel that the liability potential is extreme. Adding a skate board area in the development is a
severe handicap to the development and the homeowner's in the development. A skateboard area
could possibly be added to the Fall Creek development. We would be willing to enter into a MU
on the skateboard area in the Fall Creek development. General discussion.
Merrill moves to approve the Findings of Fact and Conclusions of law for CU-8-99 and
eliminate the Site Specific Conditional of Approval on Page 7 of 12 that refers to providing
a skateboard area within Two Rivers Subdivision. Seconded by Gnerber. Discussion.
Merrill amends the motion to include the 4/6/200 letter from Baker on Fall Creek
regarding the community recreation facility. Second concurs. ALL AYE: MOTION
CARRIES .....................
Discussion on Fall Creek development.
Mayor calls a recess at 9:05 p.m.
Mayor rcconvcncs the meeting at 9:20 p.m.
F. Request for reconsideration for DR-9-00 "Sign Area": John McCreedy is requesting that
Council reconsider their decision regarding the limitation on the area of the monument signs
proposed as a part of DR-9-00.(MLB)
G. Findings and Conclusions for DR-9-00 - Jackson's Food Stores: Project Description:
Jackson's Food Stores, represented by Eric Williams with Young Electric Sign Company, is
requesting design review approval of two monument signs for Jackson's Food Store. The site is
located on the northwest comer of State Street and Eagle Road at 30 West State Street.(MLB)
Moved to the Consent Agenda.
H. Request for reconsideration for Brookwood PPUD "Condition #33": Mike Hormachea is
requesting that the following condition "The corner sign (Eagle Road/Floating Feather Road)
and entry signage shall be constructed and landscaped generally as shown on the colored
exhibits presented with this application. "be reconsidered so the sign is not required at the
Comer of Eagle Road and Floating Feather Road. (MLB)
Mayor introduces the issue. Council discussion.
Evan Robertson, representing the applicant. Reads #27 from Page 17 of 28. Reads this for
purpose of reconsideration.
Mike Hormachea, applicant, displays an overhead and discusses the proposed landscaping for the
comer.
Council discussion.
Bastian moves to reconsider Brookwood PPUD Condition No. $3. Seconded by Merrill.
Discussion. TItREE AYES: ONE NAY: MOTION CARRIES .......................
Bastian moves that in place of Condition No. 33 that the corner of Floating Feather and
Eagle Road at Brookwood Subdivision the landscaping be submitted to Staff with one
representing from Design Review and a representative from City Council to review and
approve the design. Seconded Merrill. ALL AYE: MOTION CARRIES ....................
I. FPUD-1-00 & FP-1-00 - Final Development Plan and Final Plat for Brookwood
Subdivision No. 2 - Aries Development~ LLC: Aries Development, LLC, represented by Mike
Hormaechea, is requesting final development plan and final plat approval for Brookwood
Subdivision Phase 2, a 28-1ot (27-buildable) residential subdivision. This 5.47-acre (approx.)
phase of Brookwood PUD is located on the north side of Floating Feather Road approximately
1,680-feet east of Eagle Road. The site is within the Eagle City Limits.(MLB)
Mayor introduces the issue.
Council, City Attorney, Evan Robertson: Discussion on thc Municipal Well Agreement draft.
Mike Hormachea, applicant, displays an overhead of the Final Plat for Brookwood Subdivision
No. 2 and discusses the same.
Vaughan: Planning and Zoning Commission recommend approval. Displays an overhead of the
Master Plan and discusses the same.
Mike Hormachea, further discussion on the overall project.
Merrill moves to approve FPUD-1-00 & FP-1-00 Final Development Plan and Final Plat for
Brookwood Subdivision No. 2 and that we include the Municipal Well Agreement as
contemplated in FPUD-4-99 and FP-12-99 and that the City Attorney and City Engineer are
directed to move forward with this agreement with the applicant, to be concluded by the first
City Council meeting in May, 2000. Seconded by Bastian. Discussion. Merrill amends the
motion to add that no building permits will be issued until a Municipal Well Agreement is
entered into. Bastian withdraws the second. Motion fails for lack ora Second.
Discussion on Site Specific Condition No. 6.
Bastian moves to approve FPUD-1-00 & FP-1-00 Final Development Plan and the Site
Specific Conditions and the recommendation of Planning & Zoning and all Standard
Conditions except for Item #6 of Site Specific Conditions of Approval which will be
eliminate and no building permits will be issued until a Municipal Well Agreement is
entered into by the City and the Developer. Seconded by Sedlacek. THREE AYES: ONE
NAY: MOTION CARRIES ....................
J. Request for "future street" right-of-way vacation in Clearvue Estates Subdivision -
Northern Trust Company: Northern Trust Company, represented by Donald Alloway with
Givens Pursley LLP, is requesting City consent of a vacation application to ACHD to remove
"future street" right-of-ways from the Block 6 in Clearvue Estates Subdivision. The site is
located in Ada County on the east side of N. Meridian Road approximately ½-mile north of
Chinden Boulevard. (MLB)
Mayor introduces the issue.
Donald Alloway, Givens Pursley LLP, discusses the request for right-of-way vacation in
Clearvue Estates Subdivision. General discussion.
Vaughan: Displays an overhead of the Topographic Survey of the property and discusses the
vacation.
Guerber moves to make a request in concurrence with the desire to vacate the future street
right-of-ways from Block 6 in Clearvue Estates Subdivision. Seconded by Merrill.
Discussion. Guerber amends the motion to add: Staffto issue a letter to ACItD. Second
Concurs. ALL AYE: MOTION CARRIES ...................
9. EXECUTIVE SESSION:
A. Personnel Matters: I.C. §67-2345 (a) and (b)
Sedlacek moves to go into Executive Session for the discussion of Personnel Matters.
Seconded by Merrill. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL
AYE: MOTION CARRIES ..................................
Council discussion on personnel matters.
Sedlacek moves to add the Planner I job description position as presented tonight with the
Planner I position to be a Grade 7 with a salary range of $10.75 to $14.51 per hour.
Seconded by Bastian. ALL AYE: MOTION CARRIES ...............
Sedlacek moves to adjust the Deputy Clerks months of service to the proper amount of 42
months and give the position the System pay recommendation of $16.88 per hour with retro
active pay to the first of the fiscal year, paid in a lump sum to bring current and continue
with the increase the rest of year added to the existing salary. Seconded by Bastian.
Discussion. ALL AYE: MOTION CARRIES ...................
Merrill moves to clarify her motion made April 4, 2000, that the retro pay for the Zoning
Administrator and the City Clerk would calculated upon the increase in wages and to be
from October 1, 1999, thru this next fiscal year. Seconded by Sedlacek. ALL AYE:
MOTION CARRIES ..............
Bastian moves to direct the Mayor to release Mark Butler as Zoning Administrator on
Friday, April 14, 2000, and to continue his medical insurance through the end of April,
2000, and supply him Cobra insurance options. Seconded by Merrill. ALL AYE;
MOTION CARRIES .................
Gnerber moves to appoint Bill Vaughan to the Interim Zoning Administrator position with
a salary at the base of the Zoning Administrator salary range and that a search
immediately take place for applications for that position and that Bill Vaughan be
encouraged to apply for this position. Seconded by Bastian. Discussion. ALL AYE:
MOTION CARRIES ....................
Sedlacek moves go back into Executive Session to discuss personnel issues. Seconded by
Merrill. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE:
MOTION CARRIES .....................
Nancy would like to apply for the AIC achievement award and do Heritage Park and the
Skateboard Park project. General discussion.
10. ADJOURNMENT:
Sedlacek moves to adjourn. Seconded by Bastian. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 12:00 p.m.
Respectfully submitted:
CITY CLE~ASU~R
APPROVED:
eacieVz^ /i 4ti ,
MAYOR v