Minutes - 2000 - City Council - 06/20/2000 - RegularORiGiNAL
EAGLE CITY COUNCIL
MINUTES
June 20, 2000
PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m.
1. Rebuild Idaho: Sue Seifert and Ken Baker will review the "Rebuild Eagle Five-Year Energy
and Resource Use Action Plan". General discussion on the five major objectives, energy use,
assessments of City buildings. Ken Baker discusses performing contracting and energy auditing.
General discussion. City Council identify six major objectives plus review energy section of
City Code and Building Code.
2. City Attorney Report: I need the Agenda to be amended to add under New Business a
Reconsideration of a payment request from Angle & Associates, the contract on the Skateboard
Park and an Executive Session for personnel. I also have the most recent copy of Intemet Access
for Public Libraries.
3. City Engineer Report: No Report
4. City Clerk/Treasurer Report: Tracy and I will be interviewing on Wednesday and Thursday
for the Administration Clerk II position.
5. Zoning Administrator's Report: Reports on the Planning and Zoning meeting. Reports on the
P&Z Commission action on Countryside Estates. Countryside was continued to the 24th of July
P&Z meeting. General discussion.
6. 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. 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 June 13, 2000.
C. Minutes of June 16, 2000.
D. DR-46-99 MOD - Master Sign Plan for Zamzows Retail Center - Zamzows Inc.:
Zamzows, represented by John Morton with Golden West Advertising, is requesting
design review approval of various wall signage for the Zamzows retail center. The
site is located at the northwest comer of Eagle Road and State Highway 44 at 435
South Eagle Road. (WEV)
E. DR-16-00 - Professional Office Building - Daniel Bradshaw: Daniel Bradshaw is
submitting revised plans and documentation for the proposed professional office
building located on the east side of Eagle Road approximately 780-feet south of
State Highway 44. (WEV)
F. DR-25-00 - Master Sign Plan for the Bit Smart Building - John Serra: John
Serra, represented by Debbie Anderson with Idaho Electric Signs, is requesting
design review approval of a master sign plan for the Bit Smart Building. The site is
located within Eagle Pavilion Shopping Center at 404 South Eagle Road.
G. DR-26-00 - Landscaping for The Colony II Entry and Common Areas - Van
Engelen Development: Van Engelen Development is requesting design review
approval of landscaping along Floating Feather Road and within the common areas.
The site is located V2 mile west of Ballantyne Road on the south side of Floating
Feather Road, just east of Meridian Road. (WEV)
H. DR-27-00 -Entry Sign for The Colony II - Craig and Kristen Van Engelen:
Craig and Kristen Van Engelen are requesting design review approval for a
monument sign at the entrance to the Colony II. The site is located V2 mile west of
Ballantyne Road on the south side of Floating Feather Road, just east of Meridian
Road. (WEV)
I. DR-28-00 - Landscauine for Brookwood Phase 3 Common Areas - Aries
Development LLC: Aries Development LLC, represented by Phil Hull with The
Land Group, is requesting design review approval for landscaping within the
common area, cul-de-sac islands and the naturalized floodway area. The site is
located at the northeast comer of Eagle Road and Floating Feather Road. (WEV)
J. DR-29-00 - Two Office Buildings and Two Accessory Buildings - Dave
Ro¥1ance: Dave Roylance, represented by Mark Butler with Land Consultants Inc.,
is requesting design review approval of two 3,264-square foot office buildings, one
1,384-square foot accessory building and one 1,152-square foot accessory building.
The site is located north of State Street and south of Dunyon Street at 2178 East
State Street. (WEV)
K. DR-31-00 - Building Wall Sign for ChefShoppe-ChefShoppe: SignChef
Shoppe, represented by Debbie Anderson with Idaho Electric Signs, is requesting
design review approval of an internally illuminated wall sign for the Chef Shoppe.
The site is located within Eagle Plaza Shopping Center at 228 East Plaza Drive.
(WEV)
Merrill removes Items B, C, D, E, I, and J from the Consent Agenda.
Sedlacek removes Item G from the Consent Agenda.
Guerber removes Item A from the Consent Agenda.
Vaughan removes Item F from the Consent Agenda.
Merrill moves to approve the Amended Consent Agenda. Seconded by Guerber. ALL
AYE: MOTION CARRIES ...................
4A. Claims Against the City. Guerber would like clarification on the Trautman Lawn and
Landscape Invoices for May. Specifically: Sprinkler system monitoring and the invoice on the
Pathway at Plaza Street. General discussion.
Guerber moves to pay the Trautman Claims. Seconded by Sedlacek. ALL AYE: MOTION
CARRIES .................
4B. Minutes of June 13, 2000.
4C. Minutes of June 16, 2000.
Merrill moves to continue the minutes of June 13, 2000, and June 16, 2000, to the next
regular scheduled meeting. Seconded by Sedlacek. ALL AYE: MOTION
CARRIES ..............
4D. DR-46-99 MOD - Master Sign Plan for Zamzows Retail Center - Zamzows Inc.:
Zamzows, represented by John Morton with Golden West Advertising, is requesting design
review approval of various wall signage for the Zamzows retail center. The site is located at the
northwest comer of Eagle Road and State Highway 44 at 435 South Eagle Road. (WEV)
Mayor introduces the issue.
Merrill: Discusses the Design Review action on this item.
Merrill moves to approve DR-46-99 MOD Master Sign Plan for Zamzows Retail Center.
Seconded by Guerber. ALL AYE: MOTION CARRIES .............
4E. DR-16-00 - Professional Office Building - Daniel Bradshaw: Daniel Bradshaw is
submitting revised plans and documentation for the proposed professional office building located
on the east side of Eagle Road approximately 780-feet south of State Highway 44. (WEV)
Mayor introduces the issue.
Memll: This was a continued item until some Site Specific had been met. Mr. Bradshaw met
with staff and came before Design Review Board on Thursday night. Discussion on Design
Review action. This was approved with additional site specific conditions. General discussion.
Dan Bradshaw, Applicant. I appreciate your concerns. Discusses the action of Design Review
and the additional site specific conditions. General discussion.
Bastian moves to amend Site Specific Conditions of Approval #1 to add: Shall be screened
with a parapet wall, and #7 delete slate and add: architectural grade asphalt shingle.
Seconded by Merrill. Discussion. THREE AYES: ONE NAY: MOTION
CARRIES ................
General discussion on the application.
Bastian moves to approve DR-16-00 Professional Office Building - Daniel Bradshaw with
the condition that this Item come back before City Council for final review after the Design
Review process. Seconded by Merrill. Discussion. ALL AYE: MOTION
CARRIES ..................
4F. DR-25-00 - Master Sign Plan for the Bit Smart Building - John Serra: John Serra,
represented by Debbie Anderson with Idaho Electric Signs, is requesting design review approval
ora master sign plan for the Bit Smart Building. The site is located within Eagle Pavilion
Shopping Center at 404 South Eagle Road.
Debbie Anderson, we have some concerns about some of the conditions approved by Design
Review. Discusses the master sign plan.
General Council discussion.
Bastian moves to strike Site Specific Conditions of Approval #4. Seconded by Gnerber.
Discussion. THREE AYES: ONE NAY: MOTION CARRIES ................
Bastian moves to approve DR-25-00 Master Sign Plan for the Bit Smart Building.
Seconded by Guerber. ALL AYE: MOTION CARRIES ........
4G. DR-26-00 - Landscaping for The Colony II Entry and Common Areas - Van Engelen
Develooment: Van Engelen Development is requesting design review approval of landscaping
along Floating Feather Road and within the common areas. Thc site is located ½ mile west of
Ballantyne Road on thc south side of Floating Feather Road, just east of Meridian Road. (WEV)
Mayor introduces the issue.
Sedlacek: It has been brought to my attention that the landscaping at the entrance to The Colony
is inadequate and has not been brought up to par after repeated requests. I'm wondering what
kind of assurance we will have on this particular application that we can get No. 1 done right and
No. 2 will be done.
Vaughan: Discusses the Planning and Zoning concems and action. Barbara met today with
landscape designer today and an inspection will be done the first part of next week. I would like
to attach a condition on Colony II landscape plan to take care of the problems on Colony I.
Discussion on withholding occupancy permits. General discussion.
Kristin Van Engelen, applicant, discusses the landscaping for Colony I and Colony II. General
discussion.
Sedlacek moves that DR-26-00 Landscaping for The Colony II Entry and Common Areas
be modified to add Site Specific Condition of Approval #5 that no building permits in the
Colony H will be sold until the landscaping in the Colony 1 is brought up to par as
originally approved by Design Review. Seconded by Merrill. Discussion. ALL AYE:
MOTION CARRIES .............
Sedlacek moves to approve DR-26-00 Landscaping for the Colony II Subdivision Common
Areas. Seconded by Merrill. ALL AYE: MOTION CARRIES ............
41. DR-28-00 - Landscaping for Brookwood Phase 3 Common Areas - Aries Development
LLC: Aries Development LLC, represented by Phil Hull with The Land Group, is requesting
design review approval for landscaping within the common area, cul-de-sac islands and the
naturalized floodway area. The site is located at the northeast comer of Eagle Road and Floating
Feather Road. (WEV)
Mayor introduces the issue.
Men'ill: It was brought to my attention that there was a condition in the StaffReport from
ACHD that Design Review did not discuss and was not brought to their attention until the end on
the meeting. General discussion.
Merrill moves to approve DR-28-00 Landscaping for Brookwood Phase 3 Common Areas
and direct Staff to look at the Preliminary Plat approval with regard to ACltD's letter to
the City dated June 9, 1999, on item M. that refers to an easement dedicated to the City of
Eagle for the purpose of a pedestrian bridge and if that is part of the conditions for the
Preliminary Plat that the design of the bridge be sent back to Design Review for approval.
Seconded by Guerber. Discussion. ALL AYE: MOTION CARRIES ...................
4J. DR-29-00 - Two Office Buildings and Two Accessory Buildings - Dave Ro¥1ance:
Dave Roylance, represented by Mark Butler with Land Consultants Inc., is requesting design
review approval of two 3,264-square foot office buildings, one 1,384-square foot accessory
building and one 1,152-square foot accessory building. The site is located north of State Street
and south of Dunyon Street at 2178 East State Street. (WEV)
Mayor introduces the issue.
Merrill: There is a conflict in the Site Specific Conditions of Approval. Discuses Item #1 and
#14. #1 was not part of the approval of the Design Review Board. General discussion.
Mark Butler, 222 E. State Street, I'm representing Roylance, provides an overview of the Design
Review Board action.
Bastian moves to approve DR-29-00 Two Office Buildings and Two AccessoryBuildings
with Site Specific Condition of Approval #1 stricken and with the entry into the minutes
that it was stricken due to space limitations and that it was not possible to put the required
caliper on the lot with the building. Seconded by Merrill. Discussion. ALL AYE:
MOTION CARRIES ...............
Guerber: It is my recollection when the Fire Departmant came in they had the same problem and
what they did was voluntarily agree that they would plant those trees in some location in the
future as designated by the City. General discussion.
Dave Roylance, applicant, I could donate the trees and be civic minded but I have received a
couple of hits from ACHD on this project that I didn't expect. I have to keep some control over
costs on this project. We have preserved the mature trees on this site. General discussion.
Merrill moves to amend the agenda under Unfinished business as Item 6C. Eagle
Elementary Landscape Revisions and 6D. Reconsideration of a claim for the Ada County
Sports Complex and under Item#9. Executive Session-Personnel Issues. Seconded by
Bastian. ALL AYE: MOTION CARRIES .............
5. FINAL PLATS: None
6. UNFINISHED BUSINESS:
A. Transfer of nronertv documents from Edge Development to the City of Eagle. (SEB)
Mayor introduces the issue.
Buxton: I forwarded the information to Drainage District #2 with regard to the City agreeing to
pay $i,500 towards their attorney's fees and the question they had was whether that was our
ceiling or our floor. I still have not received the draft back from them. It is my understanding
that they have ordered all of the lights and fixtures and they will be brought up to standard.
General discussion.
Sedlacek moves to continue the Transfer of property documents from Edge Development to
the City of Eagle to our next scheduled meeting. Seconded by Merrill. THREE AYES:
Council Member Guerber had to leave the meeting and did not vote on this issue.
MOTION CARRIES ..................
B. Discussion of draft indemnification agreement Eagle Country Plaza - Water issue.
(SEB)
Mayor introduces the issue.
Buxton: Discusses thc water issue and threatened litigation. I would like to visit with Council
on thc threatened litigation in Executive Session. This item needs to be tabled until after the
Executive Session.
Bastian moves to table this item until after the Executive Session. Seconded by Merrill.
ALL AYE: MOTION CARRIES .............
C. DR-27-99 Addition to Eagle Elementary School.
Mayor introduces the issue.
Vaughan: Provides Council with an overview of the condition of approval and the project.
Stillman Anderson, 1735 Federal Way, Boise, discusses the ditch bank erosion and drainage of
the parking lot. General discussion.
Bastian moves to approve DR-27-99 Addition to Eagle Elementary School with Site Specific
Conditions of Approval #8 be removed as a requirement. Seconded by Merrill. Discussion.
THREE AYES: ONE NAY: MOTION CARRIES ....................
Sedlacek moves that the City of Eagle write a letter to the Meridian School District and ask
them to be aware of the drainage issues and the Clean Water Act and that future remodels
of any of their facilities in the City of Eagle, especially those dealing with streets and
parking lots, that they make adequate budgets and make adequate plans to address those
issues. Seconded by Merrill. ALL AYE: MOTION CARRIES ..............
Sedlacek: I would like to request that the letter be copied to the New Dry Creek Ditch Company.
I will provide the address.
D. Reconsideration of Application and Certificate for Payment from Angle & Associates.
Mayor introduces the issue.
Buxton: Mr. Angle did threaten litigation and I'll discuss this further in Executive Session. You
approved a payment request that was certified by the architect. You have two contracts that you
have signed. One contract is with The Land Group and the The Land Group is appointed through
that contract as the agent for the City to make sure the plans and specs for the skateboard park
are being met. You also entered into a contract with Angle & Associates who are the General
Contractors for the Skateboard Park. Defective work and payments go through the architect.
Payment requests go through the architect for approval of payment and then to the City for actual
payment. Discusses provisions in the contracts for application and certificate of payment. It is
my interpretation of the Contract that just because the architect could not certify the payment in
the amount of the application, sent it to the City and the City paid the amount certified, which
was less than the amount asked for, that does not does not give the Contractor the right to stop
work in order to demand full payment. Mr. Angle in his June 17, 2000, believes that he can do
that. Mr. Angle was given notice of defective work on June 9, 2000, and Mr. Angle wrote a
letter dated June 10, 2000. We had a meeting and we decided to pay the balance of Application
No. 5 and this does not relieve Mr. Angle from defective work. Reads excerpts from The Land
Group's June 20, 2000, letter to Bob Angle. Discussion on pulling Angle and Associates
Performance Bond. Discussion on the grinding and the spine wall. General discussion.
Sedlacek moves to table this item until after discussion in Executive Session. Seconded by
Merrill. ALL AYE: MOTION CARRIES ..............
7. PUBLIC HEARINGS: None
8. NEW BUSINESS:
A. Discussion regarding the installation of Chlorine and Corrosion Inhibitor Feed
Equipment at Lexington Hills Well #1:
Mayor introduces the issue.
General Council discussion.
Bastian moves to continue this to the July 18, 2000, City Council meeting. Seconded by
Guerber. ALL AYE: MOTION CARRIES .................
Mayor calls a recess at 10:05 p.m.
Mayor reconvenes the meeting at 10:15 p.m.
9. EXECUTIVE SESSION:
A. Threatened Litieation: I.C., 67-2345(fl and Personnel issues: I.C.. 67-2345(bL
Bastian moves to go into executive session for discussion of threatened litigation and
personnel issues. Seconded by Merrffi. Bastian: AYE; Merrill: AYE; Sedlacek: AYE;
Guerber: AYE: ALL AYE: MOTION CARRIES ................
City Council discusses threatened litigation and personnel issues in executive session.
Council leaves Executive Session.
6B. Discussion of draft Indemnification Agreement, Eagle Country Plaza - Water issue.
Sedlacek moves to table the Indemnification Agreement to give the City Attorney more
time to research the issue. Seconded by Merrill. ALL AYE: MOTION
CARRIES ...............
6D. Reconsideration of Auolication and Certificate for Payment from Anele & Associates.
Bastian moves that the City of Eagle approve the outstanding amount of payment request
from the June 5, 2000, less the applicable retainage. Seconded by Sedlacek. ALL AYE:
MOTION CARRIES ................
Mayor and Council Reports:
Sedlacek: Blake Watson called me and Idaho Power will work with the City to replace the trees
along Ballantyne and at the Entry Sign area at the West End of the By-Pass.
Bastian: I have received information from the Library on their Intemet Policy. Reads from the
policy. Copies of the Internet Policy will be provided to Council. General discussion.
Mayor: Lloyd Campbell has approached me to put in an Entry Sign at his location. General
discussion.
Geneva Trent's term on the Planning and Zoning Commission expires July 29, 2000. She has
requested not be reappointed so I will need recommendations from Council for an appointment
to fill this vacancy.
Merrill: Reports on the Parks Committee selection of Landscape Architects for Merrill Park.
Interviews will be held the 14th of July. General discussion.
Guerber: I would like to ask the Council to authorize the Mayor to write to Senator Craig about
the Conservation and Reinvestment Act (CARA). General discussion. Steve will provide a draft
letter.
Merrill moves to authorize Council Member Guerber to write a letter to Senator Craig and
Senator Crapo offering our support for CARA, Conservation and Reinvestment Act.
Seconded by Sedlacek. ALL AYE: MOTION CARRIES ..............
10. ADJOURNMENT:
Bastian moves to adjourn. Seconded by Merrill. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 11:25 p.m.
Respect fully submitted: ~.~ ~ ~ ~ ~
SHA~ONK. MOORE i ;: ::: ., 0o
CITY CLERK/TREASURER
APPROVED:
RICK YZ.~G~iP-,i~,
MAYOR