Minutes - 2000 - City Council - 05/30/2000 - RegularEAGLE CITY COUNCIL
MINUTES
May 30, 2000
ORIGINAl_
PRE-COUNCIL AGENDA: 6:30 p,m. - 7:30 p.m,
1. Ada County Assessor: Marilee Fuller, Chief Deputy Assessor will discuss property
valuations. Marilee Fuller: 5,363 assessment notices are going to Eagle residences. This is up
from last years 4,688. $73,494,303 is the approximate amount of New Construction Roll. This
is up from last years $58,353,167 or 25.95%. These are estimates. The total Market Value is
$747,804,200. This up from last years $613,052,224 or 21.98%. Taxable value is $611,497,549
up from $489,565,511 an increase of 24.91%. There are 4341 residential parcels in Eagle, up
from last years 3,726, an increase of 16.51%. There are 171 commercial parcels. Up from last
years 162, an increase of 5.56%. Overall the City of Eagle is looking very good ~vith the growth
you are seeing. General discussion.
2. Idaho Power: Layne Dodson will discuss the power line on Ballantyne Road. The need for
the line is load driven from the amount of growth in the area. The line is needed for service in
the North and West area of Eagle. We would like to have this line in place by the peak summer
months. The reason for this route is based on costs and being the most efficient route. The line
is designed to be an overhead three phase line. Parties requesting underground usually bear the
cost difference. $90,000 is the difference between the overhead line and underground. General
discussion.
3. City Attorney Report: Drainage District #2 meets tomorrow and I have sent them a draft
agreement to review at their meeting. I'm anticipating a few issues with them that will need to
be resolved. General discussion.
4. City Engineer Report: Discussion on the bridge (see tape) Discussion on the pathway on
Larry Flynn's property. The responsibility for this pathway belongs to Ada County. General
discussion. Ada County has not assigned the easements to the City. City Attorney will follow
up on the easements. Discussion on the retained water at the comer of Eagle Road and the
Alternate Route in front of Albertson's.
5. City Clerk/Treasurer Report: Financial report of March has been distributed. The Chamber
of Commerce is wanting to know if the City is going to make a donation for Eagle Fun Day
expenses. If you want to consider this it needs to be added to the Agenda. The June 27t~ meeting
needs to be changed as you will be at the AIC Conference. I would like to schedule some
Budget workshops tonight at the end of the meeting. I have copied the new Zoning
Administrator applications for you.
6. Zoning Administrator's Report: Discussion on the workload in the Planning and Zoning
Department. Holladay Engineering and the City Attorney's Office are going to be doing some
extra work until the department is at full staff.
7. Mayor and Council's Report: Moved to the end of the Agenda.
REGULAR COUNCIL AGENDA: 7:40 p.m.
1. CALL TO ORDER:
2. ROLL CALL: Bastian, Merrill, Sedlacek, Guerber. Bastian is absent. 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 April 25, 2000.
C. Minutes of May 9, 2000.
D. Declaration of Surplus Property: (SKM)
E. Award if Surolus Pronertv Bid: (SKM)
F. Approval of Beer, Wine & Liquor license for Patrick J. Teileria dba daVinci's:
(SKM)
G. DR-17-00 - Building Wall Signs For McDonalds - Darmodv Enterprises:
Darmody Enterprises, represented by Dan Conlin with Idaho Electric Signs, is
requesting design review approval for two internally illuminated building wall signs
for McDonalds. The site is located on the northeast comer of Eagle Road and Plaza
Drive within Eagle Plaza Shopping Center at 178 South Eagle Road.(WEV)
H. DR-18-00 - Sales Office within Banbnrv Meadows Subdivision - Banbur¥
Meadows LLC: Banbury Meadows LLC, represented by Cornel Larson with
Willowbrook Development, is requesting design review approval to construct an
848-square foot sales office. The site is located on the north side of Oakhampton
Drive within Banbury Meadows Subdivision Phase 2 at 484 West Oakhampton
Drive. (WEV)
I. DR-19-00 - Commercial Building with Office and Flex Space - Chuck Story:
Chuck Story, represented by James Gipson Associates, is requesting design review
approval to construct a 4,000-square foot commercial building with office and flex
space. The site is located on the north side of State Street and south of Dunyon
Street at 2106 East State Street. (WEV)
J. DR-21-00 - Retail/Office Building - Waldron/Graham/Eagle Gravel Corporation:
Waldron/Graham/Eagle Gravel Corporation, represented by Phil Hull with The Land
Group, is requesting design review approval to construct a 33,240-square foot two
story retail/office building. The site is located on the south side of Cedar Ridge
Drive within Eagle Pavilion Shopping Center at 408 South Eagle Road (a portion of
Lot 7, Block 1, Eagle Pavilion Subdivision). (WEV)
K. DR-23-00 - Building Wall Sign for Desperado's - Kim and Debi Pieper: Kim and
Debi Pieper are requesting design review approval for an internally illuminated
building wall sign for Desperado's. The site is located on Plaza Drive within Eagle
Plaza Shopping Center at 228 East Plaza Drive, Suite I. (WEV)
L. Findings of Fact and Conclusions of Law forCPA-01-00 - City of Eagle:
Project Description: 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)
M. DR-24-00 - Building Wall Sign for Gold Medallion Insurance - Donald Brinton:
Donald Brinton is requesting design review approval for a building wall sign for
Gold Medallion Insurance. The site is located on the east side of Second Street,
approximately 100-feet north of State Street at 50 North Second Street.(WEV)
Merrill moves to remove Item#4B, 4C and 4I from the Consent Agenda and approve the
amended Consent Agenda. Seconded by Sedlacek. ALL AYE: MOTION
CARRIES .............
4B. Minutes of April 25, 2000.
Merrill: The changes that need to be done are in the May 9, 2000, minutes.
Merrill moves to approve the minutes of April 25, 2000. Seconded by Sedlacek. ALL AYE:
MOTION CARRIES ..................
4C. Minutes of May 9, 2000.
Merrill: There are two clarifications. 8C. Change order for the skateboard park. It was my
understanding that the change order was approved minus $400. 9. Executive Session. It is
confusing to me because there is no indication that Council was out of Executive Session.
Merrill moves to amend the minutes to state: City Council came out of Executive Session.
Seconded by Sedlacek. ALL AYE: MOTION CARRIES ..................
4I. DR-19-00 - Commercial Building with Office and Flex Space - Chuck Story: Chuck
Story, represented by James Gipson Associates, is requesting design review approval to construct
a 4,000-square foot commercial building with office and flex space. The site is located on the
north side of State Street and south of Dunyon Street at 2106 East State Street. (WEV)
Merrill: I pulled this item off from the Consent Agenda in error.
Merrill moves to approve DR-19-00. Seconded by Guerber. ALL AYE: MOTION
CARRIES .............
Merrill moves to reconsider DR-21-00 Retail/Office Building - Waldon/Graham/Eagle
Gravel Corporation. Seconded by Sedlacek. ALL AYE: MOTION CARRIES .................
4J. DR-21-00 - Retail/Office Building - Waldron/Graham/Eagle Gravel Corporation:
Waldron/Graham/Eagle Gravel Corporation, represented by Phil Hull with The Land Group, is
requesting design review approval to construct a 33,240-square foot two stovd retail/office
building. The site is located on the south side of Cedar Ridge Drive within Eagle Pavilion
Shopping Center at 408 South Eagle Road (a portion of Lot 7, Block 1, Eagle Pavilion
Subdivision). (WEV)
Merrill: This is a big building and I just wanted the City Council to have a last chance to review
this building. General discussion.
Merrill moves to approve DR-21-00 Retail/Office Building - Waldron/Graham/Eagle
Gravel Corporation. Seconded by Gnerber. ALL AYE: MOTION CARRIES ................
Merrill moves to add as 8B. Idaho Power Agreement for power lines, 8C. Donation to the
Chamber of Commerce for Eagle Fun Days, and SD. Summer Recreation swimming
program. Seconded by Guerber. ALL AYE: MOTION CARRIES ..................
5. FINAL PLATS: None
6. UNFINISHED BUSINESS:
A. Transfer of property documents from Edge Development to the City of Eagle. (SEB)
Mayor introduces the issue.
Buxton: I request that we table this matter.
Guerber moves to table this matter to the June 13, 2000, City Council agenda. Seconded by
Merrill. ALL AYE: MOTION CARR/ES ................
BASTIAN IS IN ATTENDANCE.
B. Discussion of price quote from Holladav Engineering for survey of pathways.
Mayor introduces the issue.
Vem Brewer, Holladay Engineering: I believe this item was discussed and I was under the
impression that it was approved at an earlier meeting about a month ago. Just to refresh your
memory, we did receive price quotes for surveying the pathway for about 3/4 of a mile. It was
approximate $4,700 but a portion of the quote was misunderstood so I requested and I received
approval of Council to authorize not to exceed the amount of approximately $7,000 and to
authorize that survey. So I don't believe there is any other action that is needed by the Council.
7. PUBLIC HEARINGS:
A. Ordinance 369 - Amending the Animal Control ordinance: An Ordinance Of Eagle, Ada
County, Idaho, Amending Portions Of Title 4, Chapter 5, Animal Control, Eagle City Code,
Specifically Repealing Eagle City Code 4-5-3 Enforcement, Replacing 4-5-3 Defining
Vicious Dog; Replacing Eagle City Code 4-5-4 To Provide For Enforcement; Adding Eagle
City Code 4-5-4-1 Providing For Administrative Procedure; Adding Eagle City Code 4-5-4-2
Determination Of Viciousness And Destruction Of Vicious Dog; Adding Eagle City Code 4-
5-4-3 Providing Violations And Penalty Including Fees; Amending 4-5-5 Providing For Dog
Licenses And Special Provisions; Repealing 4-5-6 Dogs, Special Provisions And Providing
An Effective Date. (SKM)
Mayor introduces the issue.
Mayor opens the Public Hearing.
Buxton: This is to update and amend the existing ordinance. We had some issue that arose
concerning vicious dogs and it was brought to our attention by the Sheriffs Office that the
existing ordinance was not adequate in this area.
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 g369 be considered after being read once by title only. Guerber
reads Ordinance # 369 by title only. Seconded by Merrill. ALL AYE: MOTION
CARRIES .................
Gnerber moves that Ordinance #369 be adopted. Seconded by Merrill. Discussion.
Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION
CARRIES .............
8. NEW BUSINESS:
A. Discussion of ACHD invoice for Eagle Road~ State Street to Floating Feather Rd. (SKS)
Mayor introduces the issue.
City Clerk: You have a copy of the May 26, 2000, letter from Mike Brokaw, ACHD, indicating
the revised costs. Mr. Brokaw also provided me with a copy of the Change Order #34 for the
Idaho Power Co. hook-up fees. The total amended amount owed by the City for this project is
$234,861.28.
Merrill: Discusses the trees on North Eagle Road. The trees were not in compliance and there
was an agreement that we would get a rebate or the trees would be replaced. Phil Hull from The
Land Group measured the trees and there are still some problems. Phil Hull will write a letter to
ACHD in reference to this issue. There is another issue with Idaho Power and not planting the
right type of tree not to interfere with the power lines.
Guerber moves to pay all of the portions of the ACHD Invoice for Eagle Road - State Street
to Floating Feather, Project 52056e, as indicated in the May 26, 2000, letter from ACHD,
except for the landscape portion and that Council Member Merrill negotiate replacement
of the appropriate trees and return to Council with an appropriate settlement cost.
Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION
CARRIES ...................
B. Idaho Power - Ballantyne Power Line.
Mayor introduces the issue.
Buxton: Reads the zoning ordinance to Council. You have a specific definition of a power
plant or substation as it applies to a power utility. You want to construe this conservatively as to
what you need to require. I would say that the most conservative way to read this would be to
say that when you are talking about electrical facilities you are talking about power plants or
substations as is written that would require a conditional use permit.
General Council discussion.
Sedlacek moves that in light of the fact that this distribution line does not appear to fall
under the requirements of a Conditional Use Permit, I move that distribution line plan for
Ballantyne Road be exempt from the Conditional Use Permit requirement. Seconded by
Merrill. Discussion. ALL AYE: MOTION CARRIES .................
Guerber moves to have the Mayor write a letter to Idaho Power asking that there be
consideration of mitigation for the loss of trees at the corner of State Street and Ballantyne
in conjunction with their transmission project and see that replacement trees go along the
future realignment of Ballantyne. Seconded by Merrill. ALL AYE: MOTION
CARRIES ...............
C. Chamber of Commerce donation for Eagle Fun Days.
Mayor introduces the issue.
Sedlacek moves to make a donation of $500 to the Chamber of Commerce to use for Eagle
Fun Days. Seconded by Merrill. ALL AYE: MOTION CARRIES .................
C. Summer Recreation swimmin~ nroeram.
Mayor introduces the issue.
Merrill: I need to recuse myself on this matter.
Guerber: After discussions with the Mayor I had discussion with Reid Merrill, Jr. about the
possibility of allowing people in Eagle to utilize the swimming facilities this summer at Rocky
Mountain Fitness and Recreation Center rather than the City building its own pool. What I have
here is a draft letter to be sent to the manager outlining the proposal. This identifies some
periods of time when the pools are not in use and open the pool for general swim sessions. The
normal cost for using the pool is $4.50 per person, per session. This would be about 23 hours per
week. To participate in the program a person pays the City $5.00 for a pass for the facility and at
that time you pay half price to go swimming. Once a week the City would be billed for those
who utilized the pool and the City would pay the other $2.25.
General Council discussion.
Guerber moves to authorize the Mayor to send this letter to Rocky Mountain Fitness and
Recreation for the summer recreation swim program and the City Attorney would advise
us on the exact wording. Seconded by Bastian. ALL AYE: MOTION CARRIES .................
Mayor and Council Reports:
Guerber: No Report.
Merrill: Cultural Arts Commission is meeting Saturday at 9:00 a.m. General discussion.
The Skateboard Park is almost complete.
We have 75 trees ready for our use, free of charge, at Jaker's Wholesale. The Land Group has
already ordered trees for the Skateboard Site so we need to find a way to make use of these trees.
Discussion on the creation of a recreation district. City Attorney will investigate options for the
City in regards to building and maintaining parks and recreation.
Bastian: No Report.
Sedlacek: Reports on the Scenic By-Way meeting. General discussion.
meetings on the Scenic By-Way and the Interpretive Area.
Discussion on an RV Dump Site.
I have a couple more
Mayor: Reports on the visit by the President of the Library Association.
Discussion on the signal access. I thought we were in the loop to get a decision from them. I
have heard that we are being kicked back to District III, they want a formal application There is
a meeting at 10:30 a.m. on Thursday at City Hall. General discussion.
Discussion on letter from Gussie O'Connor, Mayor of Star, in regards to Star's area of impact.
She is requesting that the City of Eagle write a letter in regards to Star's area of impact. General
discussion. Council concurs to have the Mayor send a letter stating that the Council will not be
sending the proposed letter.
Bill Vaughan will follow up on a joint meeting.
Discussion on a date for a budget workshop. The SAG will be reviewed at Pre-Council on July
l 14. The first budget workshop is scheduled for July 194.
The June 274 meeting will be moved to June 204.
The July 254 meeting will be moved to July 184.
9. ADJOURNMENT:
Guerber moves to adjourn. Seconded by Merrill. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 9:45 p.m.
Respectfully submitted:
CITY CLERK/TREASURER
APP~VED: ,
RICI~ YZA]~I~I~3~.E,
MAYOR "~