Minutes - 2000 - City Council - 04/25/2000 - RegularEAGLE CITY COUNCIL
MINUTES
April 25, 2000
ORIGINAL
PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m.
Suzanne Crupper gives a report to Council about the skateboard competition that was
held last Saturday at the Temporary Skateboard Park. It was a great event with good
participation. We are looking forward to doing this next year. General discussion.
1. Jo Bolen with Gibbons, Scott & Dean LLP will present the 1998-1999 Financial Report. The
audit went quite well. No basic problems. Discussion on the working capital of the General
Fund and the Library Fund. Discussion on the status of the Water Fund. Council concurs to
schedule a special meeting to deal with the new well and the Water Fund.
2. A representative from Banbury Golf Course will address Council regarding the current noise
ordinance. Clint Travis, Banbury Golf Course, discusses the need for early morning mowing by
6:00 a.m. City Attorney is to work with Clint Travis on an amendment to the Ordinance.
3. Boise River Re-Study letter: Mike Mongelli will discuss the letter that Richard Orton with
Toothman-Orton Enginnering Company has requested the City forward to Patrick Massey with
FEMA. Mike Mongelli and Ken Rice, Holladay Engineering, discussion on the proposed letter to
FEMA. General Council discussion. City Attorney advises that it is inappropriate for the City to
endorse other people's comments. Further discussion. Council concurs not to do the proposed
letter.
4. City Attorney Report: Reports on the personnel manual. We have to discuss some changes
that affect the Library and then a draft will be available for review. I have copies of some con
5. City Engineer Report: No Report.
6. City Clerk/Treasurer Report: Discussion on the Joint Meetings with Ada County
Commissioners. Regular City Council meeting on May 23, 2000, will be changed to May 30,
2000. Idaho Community Foundation Lunch is May 15, 2000, cost is $25 per person, let me
know if you want to attend.
7. Zoning Administrator's Report: Moved to end of Agenda
8. Mayor and Council's Report: Moved to end of Agenda
REGULAR COUNCIL AGENDA: 7:45 p.m.
1. CALL TO ORDER:
2. ROLL CALL: Bastian, Merrill, Sedlacek, Guerber. Guerber is absent. A quorum is present.
3. PLEDGE OF ALLEGIANCE:
4. Appointment of Interim Zoning Administrator:
Mayor recommends the appointment of Bill Vaughan as the interim Zoning Administrator.
Merrill moves to appoint Bill Vaughan as Interim Zoning Administrator. Seconded by
Sedlacelc ALL AYE: MOTION CARRIES ....................
5. 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 fi.om 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 April 11, 2000.
C. Findings and Conclusions for PP-2-99 (Revised Plan) Craie and Kristen Van
Engeleu: Project Description: 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
½-mile west of Ballantyne Road. (WEV)
D. LS-01-00 - Lot Split - David Ellis: David Ellis, represented by Scott Beach, is
requesting approval ora lot split for the creation of two lots located on the north side of
Rush Road approximately 2,250-feet east of Ballantyne Road at 1250 Rush Road.
(WEV)
E. LS-02-00 - Lot Split - Mark L. Butler: Mark L. Butler, represented by Darren Leavitt
with Arrow Engineering & Surveying, is requesting approval of a lot split for the
creation of two lots located on the north side of West Washam Road approximately
1000-feet east of Ballantyne Road at 1640 West Washam Road. (WEV)
F. DR-11- 98 MOD - New 35-foot high poles and safety netting at Banburv Meadows
Golf Course drivin~ ranee: Banbury Meadows, LLC, represented by Cornel Larson, is
requesting City approval for the addition of wooden poles and safety netting along the
north and east sides of the driving range at the Banbury Meadows Golf Course. The site
is located on the west side of Eagle Road approximately ½-mile north of Chinden
Boulevard. (WEV)
G. Motorcycle Awareness Proclamation:
Merrill removes 5E and 51' from the Consent Agenda and adds as 51t. 1*indings of Fact and
Conclusions of Law for FPUD-1-00 & FP-1-00 for Brookwood Subdivision No. 2 and moves
to approve the Consent Agenda as amended. Seconded by Sedlacek. ALL AYE: MOTION
CARRIES: ....................
5E. LS-02-00 - Lot Split - Mark L. Butler: Mark L. Butler, represented by Darren Leavitt with
Arrow Engineering & Surveying, is requesting approval of a lot split for the creation of two lots
located on the north side of West Washam Road approximately 1000-feet east of Ballantyne
Road at 1640 West Washam Road. (WEV)
Mayor introduces the issue.
Men'ill: I would like clarification of the access to the second lot and there is 36' that seems to be
unaccountable for.
Mark Butler, applicant, the rear lot has a flag portion that comes out to Washam Road. The 36'
is a line that is showing the set back for the barn.
Sedlacek moves to approve LS-02-00 Lot Split - Mark L. Butler. Seconded by Merrill.
ALL AYE: MOTION CARRIES ....................
5F. DR-11- 98 MOD - New 35-foot high poles and safety netting at Banburv Meadows Golf
Course driving range: Banbury Meadows, LLC, represented by Cornel Larson, is requesting
City approval for the addition of wooden poles and safety netting along the north and east sides
of the driving range at the Banbury Meadows Golf Course. The site is located on the west side
of Eagle Road approximately ½-mile north of Chinden Boulevard. (WEV)
Mayor introduces the issue. General discussion.
Bastian moves to remove DR-11-98 MOD from the Agenda. Seconded by Merrill. ALL
AYE: MOTION CARRIES .................
6. FINAL PLATS: NONE
7. UNFINISHED BUSINESS:
A. Transfer of property documents from Edge Development to the City of Eagle. (SEB)
Mayor introduces the issue.
City Attorney: Discussion on the provisions of the Agreement for the Conveyance of Real
Property between the City o£Eagle and Edge Investments, LLC. General discussion.
Merrill moves to continue the Revised Draft Agreement for the Conveyance of Real
Property with Edge Investments to the next regularly schedule meeting on May 9, 2000,
and that we try to review the Agreement with Drainage District #2 at the same time.
Seconded by Bastian. ALL AYE: MOTION CARRIES ..............
B. Review and approval of the lease agreement between Rocky Mountain Business Park
and the Ci~ of Eagle for the new temporary skateboard park location. (SEB)
Mayor introduces the issue. Susan was waiting for me to provide her information. The Lease
amount will be $500 a month for a period of 6 months. General discussion.
Reid Merrill, Jr., discusses the agreement and the possibility of a permanent site in the Rocky
Mountain Business Park.
Merrill moves to continue the lease agreement between Rocky Mountain Business Park and
the City of Eagle for the new temporary skateboard park location to May 9, 2000.
Seconded by Bastian. ALL AYE: MOTION CARRIES ...........
C. Review and approval of the lease agreement between the Chamber of Commerce and
the City ofEaele. (SEB)
Mayor introduces the issue.
City Attorney: Discusses the proposed lease agreement.
Bastian moves to approve the Lease Agreement between the City of Eagle and the Eagle
Chamber of Commerce for a monetary sum of $250.00 per month and accept all of the
conditions of the contract as discussed this evening. Seconded by Merrill. Bastian: AYE;
Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION
CARRIES ..................
D. Discussion of the Holladav Engineering's fees to survey pathways. (NM)
Mayor introduces the issue.
MenSll: This is the surveying fees for the pathways.
Vern Brewer, Holladay Engineering. Holladay Engineering acted in behalf of the City and
requested bid proposals on surveying costs and we have received some proposals back. General
discussion.
Sedlacek moves to authorize Holladay Engineering and the City Attorney to work together
to get an agreement and authorize the survey work and authorize Council President
Merrill to proceed with the property owners. Seconded by Merrill. ALL AYE: MOTION
CARRIES .................
E. Discussion of bridge to cross drainage ditch. (NM)
Mayor introduces the issue.
Veto Brewer, Holladay Engineering, we have the easements described and we have the
preliminary easement prepared for signature at this point but we have not proceeded with any
design at this point.
Merrill: I have talked with Vern and I would like to step back and reasscss this project. Provides
Council with a history on this project that included the bridge. The Park Committee docs not
feel that this is a priority, they would rather see the money put into thc pathways by thc river.
General Council discussion.
Council concurs to have Holladay Engineering complete the easements and the City Attorney
negotiate the crossing agreement with Drainage District #2.
8. PUBLIC HEARINGS:
A. PPUD-1-00/PP-1-00/CU-1-00 ~ Pacific Heiehts Planned Unit Develooment - Eaule
Heights Development, Inc.: Eagle Heights Development, Inc., represented by Ted Mal~incz and
Joe Harris, is requesting preliminary development plan, preliminary plat, and conditional use
approval for Pacific Heights Subdivision, a 5.6-acre, 47-1ot (42-buildable) senior housing
residential planned unit development subdivision located on the south side of E. State Street
approximately 'A-mile west of Edgewood Lane. (WEV)
Mayor introduces the issue.
Merrill: This was my previous residence and I have had nothing to do with this property for over
a year and have no interest in this property.
Ted Martinez, applicant. Displays a site and discusses the proposed for a senior housing
development. Proceeds to discuss the project in detail. We are proposing 45 houses. A security
gate is being proposed for senior security. Distributes pic~res to the Council of other senior
developments and distributes drawings to the Council. General discussion. Discusses the Site
Specific Conditions. Further discussion.
Mayor swears in Jim Rees.
Jim Rees, MTC Engineers, Discusses a gated entry at the back of the property.
Ted Martinez continues his discussion on the Site Specific Conditions.
City Attorney: There is only one 9th Circuit case addressing the Fair Housing Act. The current
state of the law is that a development can apply for exemption. 1995 the Fair Housing Act was
amended. Discusses the amendment.
Vaughan: Displays an overhead of the vicinity map and the Preliminary Plat and provides an
overview of the Staff Report. General discussion.
Mayor opens the Public ltearing
Mayor swears in Reid Merrill, Jr.
Reid Merrill, Jr., 875 E. Plaza Drive, I think this is a great mix for our business park. This is a
nice development. I am here to address the fence issue which has already been addressed by a
letter from my Mother to the City. She would like to have a say in what type of a fence.
Mayor: Does anyone else wish to testify?
Ted Martinez, discusses the fence issue. We would like to work with Mrs. Merrill directly to
come to an agreement on a fence. Discusses the parking on the streets. General discussion.
Mayor closes the Public Hearing
Council discussion on project.
Merrill moves to approve PPUF-1-00/PP-1-00/CU-1-00 Pacific Heights Planned Unit
Development with the following Site Specific Conditions of Approval:
1. As proposed by the applicant the Development shall be restricted to older persons.
4. Delete.
9. The private street sidewalks shall not meander within the 20 foot wide common lot and
shall be attached to the curb.
11. The 3" minimum caliber shade trees shall be installed approximately every 45' for
where appropriate and no more than 5' from the curb or sidewalk.
21. Useable open space amenities shall be determined by the homeowner's association.
26. Delete.
New #26. To provide a high vinyl perimeter fence or equivalent that is in agreement with
the adjoining property owners. Seconded by Bastian. ALL AYE: MOTION
CARRIES ...................
Mayor calls a recess at 10:30 p.m.
Mayor reconvenes the meeting at 10:35 p.m.
B. CPA-01-00 - Comp Plan Amendment from Residential Two and Public/Semi-Public to
Mixed Use - City of Eagle: The City of Eagle is proposing City initiated Comprehensive Plan
Amendment to:
1. Modify a portion of the Comprehensive Plan Land Use Designation Map, generally as shown
on the map reduction included with this report, changing an area currently designated as
"Residential Two and Public/Semi-Public" to Mixed Use and to provide specific written criteria
regarding that Mixed Use area. The site is generally located north of State Highway 44 at
Ballantyne Lane; and
2. Provide a master plan, with accompanying written criteria, for the Highway Districts having
jurisdiction to consider regarding the re-construction of the intersections of State Highway 44
and Ballantyne Lane and State Highway 44 and State Street. (WEV)
Mayor introduces the issue.
Sedlacek: My parents and brother own adjoining property so I will reanse myself.
Vaughan: Displays an overhead of the site and provides a brief overview.
Mayor opens the Public Hearing
Mayor swears in Lynne Sedlacek
Lyrme Sedlacek, 1200 Hereford Drive. At what point in time will the actual construction of the
alignment to the West take place in relation to ACHD budget and in relation to the development
of the proposed Countryside Estates Subdivision. Page 4 of 6 it says upon development of the
land. I understand that to say that once the subdivision actually started that the road construction
needs to go in. My concern being that the proposed development of Countryside Estates would
probably be in phases and if they start at the North end there is a good possibility that they might
have several phases and several homes in construction before they actually put the new
alignment in. I will have real concern if the Countryside Estates project or any other project for
that comer or the other comer were to proceed which would add up to approximately a 1,000 car
trips per day with the existing alignment. We don't know for sure that ACHD has given their
blessing to this project.
Mayor swears in Mark Butler
Mark Butler, 222 E. State Street, I have proposed some language relating to Item g4 on Page 5 of
the Planning and Zoning Commissions Findings of Fact and Conclusions of Law. I am
representing Ron Bath. Discusses the proposed changes.
Mayor: This information Mark provided us tonight was not part of the issue before us and it is
not noticed as a public hearing.
City Attorney: I am not comfortable with that general amendment to the Comprehensive Plan
being involved with the Public Hearing, it was not properly noticed. If you look at the legal
notice to property owners it does not talk about that. I do not belief this is properly considered
either. It would have to be a new application for that change to the Comprehensive Plan.
Mayor swears in Becky Bowcutt
Becky Bowcutt, Briggs Engineering, discusses the issue and the project. General discussion.
Mayor swears in Carol Ruth
Carol Ruth, 2565 W. Conifer, I live in Redwood Creek. I would like to know what mixed use is.
Discusses the problems residence have getting out on to State Highway 44.
Vaughan provides a definition of Mixed Use.
Mayor swears in Rick Knnkler
Rick Kunkler, 7570 W. State Street, discusses the area designated as Mixed Use. My concern is
that the Mixed Use was started before the road is constructed. General discussion.
Mayor closes the Public Hearing
General Council discussion.
Bastian moves to approve CPA-l-00 City Initiated Comprehensive Plan Amendment
Application dated April 18, 2000, with the following change: take out the double strike out
of high density residential units will be encouraged in this area up to 20 dwelling units per
acre. It was the intent of Council to have that language in there. Seconded by Merrill.
Discussion. ALL AYE: MOTION CARRIES ...............
Council Member Sedlacek returns.
Merrill moves to amend the Agenda by moving Items 9A and 9B to the end of New
Business. Seconded by Bastian. ALL AYE: MOTION CARRIES .............
9. NEW BUSINESS:
C. 00-03-S - Argus Place Subdivision - Lee Young: Lee Young, represented by Julie Parker
with J.J. Howard, is requesting preliminary plat approval for Argus Place Subdivision, a 2-lot,
20.75-acre residential subdivision located on the north side of Beacon Light Road, approximately
1,200-feet east of N. Meridian Road. This subdivision is located in the Eagle Area of Impact.
(WEV)
Mayor introduces the issue.
Jim Howard, provides an overview of the project. Applicant would like to eliminate the berm.
Planning and Zoning has approved the project.
Vaughan: Displays an overhead of the site plan and provides an overview of the project.
General discussion.
Merrill moves to approve 00-03-S Argus Place Subdivision with Site Specific Conditions
minus #6 and that we allow the applicant to work with staff for an alternate method of
compliance. Seconded by Sedlacek. Discussion. ALL AYE: MOTION CARRIES ...........
D. 00-04-ZC - Rezone From RT To RI - Hal & La Raine Garrett: Hal and Laraine Garrett,
represented by Jean Cariaga with Roylance & Associates, are requesting a rezone from RT
(Rural Transition) to R1 (Estate Residential). The 9.07-acre site is located 660-feet south of
Beacon Light Road, approximately ½-mile west of Eagle Road. This site is located in the
Eagle Area of Impact. (WEV)
E. 00-09-PD1U00-05-PR - Ptarmigan Subdivision - Hal and Laraine Garrett: Hal and
Laraine Garrett, represented by Jean Cariaga with Roylance & Associates, are requesting
preliminary plat approval for Ptarmigan Subdivision, a 3-lot, 9.07-acre residential subdivision
with a private road. The proposed subdivision is a resubdivision of Lot 2, Block 1 of Anacortes
Subdivision and is located 660-feet south of Beacon Light Road, approximately ½-mile west of
Eagle Road. This subdivision is located in the Eagle Area of Impact. (WEV)
Item D and E are heard together.
Mayor introduces the issue.
Jean Cariaga, Roylance & Associates, offered to Bond for the removal of the barn.
Vaughan: Provides an overview of the Rezone StaffReport and the Preliminary Plat Staff
Report. Discussion.
Merrill moves to approve 00-04-ZC Rezone from RT to RI. Seconded by Sedlacek. ALL
AYE: MOTION CARRIES ..............
Merrill moves to approve 00-09-PDR/00-05-PR Ptarmigan Subdivision and private road
with the Standard Conditions of Approval, Site Specific Conditions of Approval with the
exception to Item #6 that should read: The applicant shall move the existing barn located
on the East side of Lot #3 to another area within the site as proposed prior to the City
Clerk signing the final plat or provide the City of Eagle a Letter of Credit for surety to
move the barn. Seconded by Sedlacek. Discussion. ALL AYE: MOTION
CARRIES ..............
F. 00-04-S/99-14-PR - Tabasco Subdivision - Lynn Proctor & Rob Greiner: Lynn Proctor
and Rob Greiner, represented by Anne Marie Jones with Skinner Land Survey Co. Inc., are
requesting preliminary plat approval for Tabasco Subdivision, a 2-lot, 12.12-acre residential
subdivision with a private driveway. The proposed subdivision is located approximately 800-
feet east of Park Lane and approximately 1A-mile south of Beacon Light Road. This subdivision
is located in the Eagle Area of Impact. (WEV)
Mayor introduces the issue.
Mark Butler, 222 E. State Street, the applicant has no concerns with recommendations from
Staff. They do have some concern with the condition on lights that Planning and Zoning
recommended. Provides some history on the property.
Lynn Proctor, 6701 State Street, identifies the location of the homes on the adjoining property.
City Attorney: It doesn't appear that the City has the authority to regulate the lights on a private
road. This can not be a condition of approval.
Vaughan: Displays a site plan and provides an overview. General discussion.
Merrill moves to approve 00-04-S/99-14-PR Tabasco Subdivision with the #7 changed to
the applicants' recommendation to a maximum of 6 street lights (5 single head one double
head) shall be permitted as indicated in the April 25, 2000, letter from the Land
Consultants. Seconded by Sedlacek. ALL AVE: MOTION CARRIES ..............
G. Review and approval of the FY 2000 LWCF appropriation letter:
Mayor introduces the issue.
City Clerk and Merrill discuss the letter that was submitted. This is a request for grant money.
Lynne moves to approve the FY2000 Land and Water Conservation Fund appropriation
letter. Seconded by Merrill. ALL AVE: MOTION CARRIES ...............
9A. Discussion of proposed computerized irrigation system. (SKM)
Mayor introduces the issue.
Merrill moves to continue this item to Pre-Council at the next regularly scheduled Council
meeting. Seconded by Sedlacek. ALL AVE: MOTION CARRIES ................
9B. Review of proposed Ordinance No. 369 amending Title 4 Public Health and Safety,
Chapter 4 Animal Control: (SKM)
Mayor introduces the issue.
Merrill: Discusses some of the problems that have caused a need for amending the Ordinance.
General discussion.
City Clerk: This needs to be published and a public hearing needs to be heard because of the fee
increase. We wanted you to have the ordinance to review prior to the Public Hearing.
10. EXECUTIVE SESSION:
A. Personnel Matters: I.C. §67-2345 (a) and (b)
Executive Session is not needed.
Zoning Administrator Report: Discusses upcoming applications. General discussion.
11. ADJOURNMENT:
Bastian moves to adjourn. Seconded by Sedlacek. ALL AVE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 12:35 p.m.
Respectfully submitted:
SHARON K. MOORE
CITY CLERKJTREASURER
API~:)VEDi
PaC yzAG Ii
MAYOR