Minutes - 2000 - City Council - 09/12/2000 - RegularEAGLE CITY COUNCIL
MINUTES
September 12, 2000
PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m.
Mayor introduces Jeff Lowe our new planner.
1. Ada County Sheriff's Office: Sgt. Patrick Calley will present the monthly report for August.
Deputy John Harris will comment on the installation of street lights Dunyon Street and
Parkinson Road. Sgt. Calley distributes the monthly report and discusses the same. Discussion
on the Ada County/Eagle Skateboard Park. Discussion on the 20 year plan for the substation.
Discussion on illegal hunting. The report on the street lights in the Dunyon/Parkinson area is
continued.
2. City Attorney Report: Joe Mallet is present as the City Attorney.
3. City Engineer Report: Discussion of Urban Storm Water Work Group of the Lower Boise
River TMDL Implementation Plan. Vern Brewer discusses the Urban Storm Water Work Group.
I person from Holladay's staff is going to be attending these meetings on behalf of the cities
under 10,000 that they represent. Discussion on license agreements with Drainage Districts.
General discussion. Discussion on arsenic in well water.
4. City Clerk]Treasurer Report: No report.
5. Zoning Administrator's Report: No report.
6. Mayor and Council's Report:
Sedlacek: Discussion on the letter from Hillside Nursery in regards to the watering of the
Library trees. Mayor discusses his conversation with Tal and the recent walk through at the
Library. General discussion. Vern Brewer will meet with the Mayor and go over the drainage
problems at the Library.
Bastian: Library Board meets next week. Discussion on the intemet filtering at the Library.
Mayor: AIC Legislative Committee met last Friday. Discussion on the Compass retreat held
last Thursday.
Merrill: Park meeting is next Wednesday. The consultant will be there for Merrill Park. The
Master Plan for the Idaho State Park will be presented at this meeting.
City Market Master Sign Plan is coming before Design Review this week.
Deshazo's property on Eagle Road has a stockpile of dirt and asphalt. I have asked staff to look
in to this.
Guerber: No report.
REGULAR COUNCIL AGENDA: 7:30 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. Minutes of August 22, 2000.
B. Minutes of August 22, 2000. - Special Meeting
C. Minutes of August 29, 2000.
D. Claims Against the City.
E. Resolution 00-09: Resolution Of The Mayor And Council Of The City Of Eagle,
Idaho, Approving The Transfer Of The Cable Television Franchise, And
Providing An Effective Date.
F. Appointment of Library Board Members: The Mayor is requesting Council
confirm the appointment of Victor Ramirez and Maureen Germano to the
Library Board. (RY)
G. Preliminary Plat Extension of Time for Clear Creek Crossing Subdivision -
Jayo Construction: Jayo Construction, represented by Roylance and
Associates, is requesting a one year extension of time for the preliminary plat for
Clear Creek Crossing Subdivision, a 72-1ot residential subdivision. The 54.8-
acre site is generally located on the southwest comer of N. Eagle Road and
Floating Feather Road. The site is within the Eagle City Limits. (WEV)
H. Findings and Conclusions for CU-3-00 - Two Two Story Buildin~ Height
Exceptions Dennis M. Baker & Associates: Project Description: Dennis M.
Baker & Associates, represented by Dan Torfin, is requesting conditional use
approval for two 41.5-foot high building entry features which are proposed for
the screening of the roof-top mechanical units. The site is located on the west
side of South Rivershore Lane within Channel Center Subdivision at 599 South
Rivershore Lane. (WEV)
I. Findings and Conclusions for CU-5-00 - Height Exception Request For 42-
Foot High Poles And Safety Netting At Banbury Meadows Golf Course
Driving Range - Banbury Meadows, LLC: Project Description: Banbury
Meadows, LLC, represented by Cornel Larson, is requesting conditional use
approval for the addition of twenty four (24) 42-foot high 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 V2-mile north of Chinden Boulevard at 3023 S. Eagle Road.
(WEV)
J. DR-40-00 - Wedgewood Subdivision Common Area Landscaping and Entry
Signs - Creighton-Westbend LC: Per City Council request, all design review
applications are to be appealed by the Zoning Administrator to the City Council for their
review prior to the approval of an application beingfinat Creighton-Westbend LC is
requesting design review approval of landscaping along Locust Grove Road
within the common area and one entry sign at each entrance into Wedgewood
Subdivision. The site is located 1/4 mile north of Chinden Boulevard on the
west side of Locust Grove Road. (WEV)
K. DR-43-00 - Monument Sign for Eagle United Methodist Church - Eagle
United Methodist Church: Per City Council request, all design review applications
are to be appealed by the Zoning Administrator to the City Council for their review prior
to the approval of an application beingfinat Eagle United Methodist Church,
represented by Dave Koga with The Land Group, is requesting design review
approval of a new monument sign. The site is located on the southwest corner of
Eagle Road and Ranch Drive extended at 651 North Eagle Road.(WEV)
L. DR-46-00 - Building Wall Sign for Round Table Pizza - Round Table
Development: Per City Council request, all design review applications are to be
appealed by the Zoning Administrator to the City Council for their review prior to the
approval of an application being final. Round Table Development, represented by
Dennis Dunn with Nampa Neon Co., is requesting design review approval to
construct an internally illuminated building wall sign for Round Table Pizza
located within Bosanka Village. The site is located on the southeast corner of
State Street and Cobblestone Way at 395 West State Street.(WEV)
M. DR-30-00 - Pacific Heights Subdivision Common Area Landscauim, - Ted
Martinez: Per City Council request, all design review applications are to be appealed
by the Zoning Administrator to the City Council for their review prior to the approval of
an application beingfinal. Ted Martinez is requesting design review approval for
landscaping within the common areas of Pacific Heights Subdivision. The site is
located on the south side of East State Street approximately ~A mile west of
Edgewood Lane.(WEV)
N. DR-42-00 - Convert Residence into Eagle Floral Shop - Steve Conldin: Per
City Council request, all design review applications are to be appealed by the Zoning
Administrator to the City Council for their review prior to the approval of an application
beingfinal. Steve Conklin, represented by James Gipson Associates, is requesting
design review approval to convert an existing residence into a floral shop and to
construct a monument sign. The site is located on the east side of Palmetto
Avenue approximately 250-feet north of State Street at 52 North Palmetto
Avenue. (WEV)
O. LS-4-00- Lot Split - Sam & Cindy Niccolls: Sam & Cindy Niccolls are
requesting approval ora lot split for the creation of two lots located on the west
side of Eagle Road approximately 1/3-mile north of Floating Feather Road at
1765 N. Eagle Rd. (WEV)
P. Appointment of Planning & Zoning Commissioner: The Mayor is requesting
Council confirm the appointment of Larry Cadwell to the Commission.
Q-8D. Review and approval of the JUB Engineering contract for the negotiation
of a revised Impact Area Agreement with Ada County and the facilitation of
obtaining approval of the 2000 Eagle Comprehensive Plan from Ada County.
R-8E. Resolution 00-07: A Resolution Of The Eagle City Council, Eagle, Ada
County, Idaho Adopting A Minimum Standard Of Roadway Completion Pursuant
To Sections 9-4-1-2 And 9-4-2-2of The Eagle City Code; And Providing An
Effective Date. (WEV)
S-8F. Discussion of the expansion of the downtown transportation grid system
and neeotiatin~ desien criteria and responsibilities for obtaining right of way
with ACHD. Moved to the Consent Agenda.
Bastian moves to add the following items under New Business to the Consent Agenda:
Items #8D, E, and F, as Items 4Q, R, and S. Seconded by Guerber. ALL AYE: MOTION
CARRIES ....................
Merrill removes Items #4C, 4M, 4Q, 4R, and 4S from the Consent Agenda and moves to
approve the amended Consent Agenda. Seconded by Bastian. ALL AYE: MOTION
CARR/ES ...............
4C. Minutes of August 29, 2000.
Merrill: I removed the minutes of August 29th because I was not at this meeting so I would like
to have a separate motion for approval of these minutes.
Guerber moves to approve the minutes of the August 29, 2000, City Council Meeting.
Seconded by Sedlacek. ALL AYE: MOTION CARRIES ............................
M. DR-30-00 - Pacific Heights Subdivision Common Area Landscaping - Ted Martinez:
Per Ciiy Council request, all design review applications are to be appealed by the Zoning Administrator to
the City Council for their review prior to the approval of an application being final. Ted Martinez is
requesting design review approval for landscaping within the common areas of Pacific Heights
Subdivision. The site is located on the south side of East State Street approximately 'A mile west
o f Edgewood Lane.(WEV)
Merrill: I have taken this offthe consent agenda so the applicant can address the Council in
regards to the landscaping and the required trees.
Ted Martinez, Applicant, displays an overhead of the Landscape Development Plan and
discusses the landscaping on the project.
Vaughan: Provides an overview of the application for Council and displays overheads and
discusses the same.
General Council discussion.
Bastian moves to approve DR-30-00 Pacific Heights Subdivision Common Area
Landscaping and the Site Specific Conditions of Approval be approved with the exception
of No. 4. The entirety of No. 4 be stricken. Seconded by Merrill. ALL AYE: MOTION
CARRIES ..........
4Q-8D Review and approval of the JUB Engineering contract for the negotiation of a
revised Impact Area Agreement with Ada County and the facilitation of obtaining approval
of the 2000 Eagle Comprehensive Plan from Ada County.
Mayor introduces the issue.
Vaughan: The work that needs to be accomplished has been re-evaluated and the work that is
left to do can be accomplished by Staff and Holladay Engineering.
General discussion.
Merrill moves to authorize City Staff and the City Engineer to move forward with the
negotiations with Ada County in implementing the City Impact Area Boundary and
adopting the City Comprehensive Plan. Seconded by Sedlacek. Discussion. ALL AYE:
MOTION CARRIES ............
4R-8E. Resolution 00-07: A Resolution Of The Eagle City Council, Eagle, Ada County, Idaho
Adopting A Minimum Standard Of Roadway Completion Pursuant To Sections 9-4-1-2 And 9-4-
2-2of The Eagle City Code; And Providing An Effective Date. (WEV)
Mayor introduces the issue.
Vaughan: Discusses the Resolution. General discussion.
Merrill moves to approve Resolution No. 00-07 as an interim Resolution and authorizes the
City Attorney to bring this forward as an Ordinance before the City Council at their next
regularly scheduled meeting on September 26, 2000. Seconded by Guerber. ALL AYE:
MOTION CARRIES ................
4S-8F. Discussion of the expansion of the downtown transportation grid system and
ne~otiatin~ design criteria and responsibilities for obtaining right of way with ACHD.
Mayor introduces the issue.
Vaughan: Discusses the expansion of the downtown transportation grid system, right of way and
etc.
Vern Brewer, Holladay Engineering, discusses the issues.
General Council discussion.
5. FINAL PLATS:
A. Tabasco Subdivision Final Plat The applicant is requesting final plat approval for Tabasco
Subdivision, a 12.09-acre, 2-lot residential subdivision located approximately 800-feet east of
Park Lane and approximately '/4-mile south of Beacon Light Road. This subdivision is located
in the Eagle Area of Impact. (WEV)
Mayor introduces the issue.
Vaughan: This is an Ada County Transmittal. Displays an overhead of the site and discusses the
same. Staff has recommended approval with two conditions of approval. General discussion.
Sedlacek moves to approve the Final Plat for Tabasco Subdivision. Seconded by Bastian.
ALL AYE: MOTION CARRIES ....................
6. UNFINISHED BUSINESS:
A. Review and Discussion of FIormachea Well Agreement: (SEB)
Mayor: The City Attorney has requested that this item be continued to the next City Council
meeting.
Bastian moves to continue the Well Purchase Agreement to the September 26, 2000, City
Council Meeting. Seconded by Gnerber. ALL AYE: MOTION CARRIES ...................
7. PUBLIC HEARINGS:
A. VAC-1-00 - Vacation of easement of Lot 2, Block 1, Periwinkle Subdivision - Jack Coon,
represented by David Southers: Jack Coon, represented by David Southers, is requesting City
approval of a vacation to the final plat of Periwinkle Subdivision to remove the 60-foot wide
access and utility easement which currently exists on Lot 2, Block 2. (WEV)
Mayor introduces the issue.
There is no one present to represent the applicant.
Vaughan: Discusses the vacation of the easement.
Mayor opens the Public Hearing. No one has signed up to speak to the issue and no one present
wishes to speak.
Mayor closes the Public Hearing.
Guerber moves to approve VAC-1-00 Vacation of easement of Lot 2, Block 1, Periwinkle
Subdivision and to remove 25' of the 60' wide access and utility easement. Seconded by
Merrill. Discussion. ALL AYE: MOTION CARRIES ...................
B. VAC-3-00 - Vacation to the final plat of Bonita Hills Subdivision - Glenn Johnson:
Glenn Johnson, represented by Scott Johnson, is requesting City approval of a vacation to the
final plat of Bonita Hills Subdivision to remove the drainage easements along the south and west
side lot lines of Lot 8, Block 1. The site is located on the east side of Horseshoe Bend Road
within Bonita Hills Subdivision at 10481 West Blackstone (Lot 8, Block 1 of Bonita Hills
Subdivision). (WEV) The public hearing for this item will be continued to the September 26,
3000 meeting
Mayor: Applicant is requesting a continuance.
Guerber moves to continue VAC-3-00 Vacation to the Final Plat of Bonita Hills Subdivision
to the September 26, 2000, City Council Meeting. Seconded by Merrill. ALL AYE:
MOTION CARRIES ....................
C. RZ-5-00 - Rezone from R-4 to CBD-DA - Definitive Properties: Definitive Properties,
represented by James Gipson Associates, is requesting a rezone from R-4 (Residential) to CBD-
DA (Central Business District - with development agreement). The 0.45-acre site is located on
the south side of Aikens Road approximately 300-feet east of Eagle Road at 123 East Aikens
Road. (WEV)
Mayor introduces the issue.
Mayor swears in James Gipson.
James Gipson, applicant, provides an overview of the Staff Report. There is only one issue in
question and that is the dedication of property to ACHD.
Vaughan: Displays an overhead of the site plan and a boundary outline and discusses the same.
The Planning & Zoning Commission recommended approval with modifications to the
Development Agreement.
General discussion between applicant, Zoning Administrator and Council.
Mayor opens the Public Hearing.. No one has signed up to speak to the issue and no one present
wishes to speak.
Mayor closes the Public Hearing.
Further discussion between applicant, Zoning Administrator and Council.
Merrill moves to continue RZ-5-00 Rezone from R-4 to CBD-DA Definitive Properties
to the next regularly scheduled meeting on September 26, 2000, to allow Staff and
Applicant to come up with a plan for the future roadway. Seconded by Bastian. ALL
AYE: MOTION CARRIES ..................
D. RZ-6-00/PPUD-5-00/PP-7-00/CU-7-00 - Spring Creek III Planned Unit Development -
Spring Creek Associates LLC: Spring Creek Associates LLC, represented by Mark Butler with
Land Consultants Inc., is requesting a rezone from R-4 (Residential - four units per acre
maximum) to MU-DA-P (Mixed Use - w/th Development Agreement-PUD), conditional use,
planned unit development preliminary development plan, and preliminary plat approval for
Spring Creek III. The 4.6-acre, 20-lot (18-residential, 1-commercial, and 1-common)
subdivision is located on the northwest comer of Eagle Road and Ranch Drive extended, at 653
North Eagle Road.(WEV)
Mayor introduces the issue.
Mayor opens the Public Hearing.
Mayor swears in Mark Butler.
Mark Butler, representing the applicant. Displays overheads of the site and discusses the same.
General discussion.
Vaughan: Displays overheads and discusses the project. General discussion.
Mayor opens the Public Hearing.
Mayor swears in Doug Flagg
Doug Flagg, 1091 N. Penicale Way. Discusses the project.
Mark Butler: Rebuttal.
Mayor closes the Public Hearing.
General Council discussion.
Merrill moves: Condition of Approval for the Development Agreement RZ-6-00:Item#1
the first sentence remains, Item#2 eliminate, Itemg4 eliminate, Item#5 which was
eliminated by P&Z. Site Specific Conditions of Approval for CU-7-00, PP-7-00: Eliminate
Item #1, comply with all of the Site Specific Conditions of Approval excluding any
reference to 3 feet above BFE, Item#3 to be eliminated, Item#8 allow 36 beds in assisted
living, Item#10 driveway shall be a minimum of 20' long, Item#11 the CC&R'S shall
prohibit on street parking and provide signs stating so within the entire Spring Creek
Development. Seconded by Sedlacek. Discussion. Merrill amends the Motion to add: RZ-
6-00 Item#4 that the finished floor elevation shall be 2' above the existing grade at the pond
level. Second Concurs. ALL AYE: MOTION CARRIES ..........................
Mayor calls a recess at 10:25 p.m.
Mayor reconvenes at 10:35 p.m.
E. RZ-8-00 - Rezone from R-4 to MU-DA-P - Mercy Housing Idaho, Inc.: Mercy Housing
Idaho, Inc., represented by Rich Kenny, is requesting a rezone from R-4 (Residential) to MU-
DA-P (Mixed Use - with development agreement-PUD). The 5.73-acre site is located on the
east side of Eagle Road approximately 1,760-feet north of State Street at 544 North Eagle
Road.(WEV)
Mayor introduces the issue.
Mayor swears in Jim Birdsall.
Jim Birdsall, representing the applicant, provides Council an overview of the project and the
application.
Vaughan: Displays overheads of site and discusses the same. Planning & Zoning recommended
approval of this application with conditions. Discussion of conditions.
Mayor opens the Public Hearing.
Mayor swears in Mary Carnahan.
Mary Camahan, 4410 W. Chinden, Meridian. I own a home in the area. I'm concerned about the
proposed road that shows traffic exiting near my back yard. I'm wondering about the density.
My concern is that the houses below the canal are protected.
Mayor swears in Jody Barton.
Jody Barron 457 Mission Court, Eagle. I have lived here for twelve years. I'm not opposed to
Mercy Housing coming. I'm concerned about the houses below the canal. I'm concerned about
by well and the sewer.
Mayor swears in Rich Kinney.
Rich Kinney, 318 Hillview Drive, Boise. Points out the property line.
Mayor swears in Barry Bumell.
Barry Burnell, 301 Yellow Pine Place. I didn't know the comprehensive had been changed. I
would recommend that more notification to residents of changes to the comprehensive should be
made. Concern about the weed problem by the canal. Discussion about the fill brought onto the
property. I have a concern about property values.
James Gipson, I am a property owner in the area. I have no objection to the project. There are
unique conditions relating to this property. The is a unique access problem with this property. I
feel the number of residents should be addressed. I am supportive of the project and have great
faith in the sponsors of the project.
Jim Birdsall. Discusses the density of the project. Elderly project does not have the same high
impact that family development has. This project should be low impact. Discusses the lower
access road. I don't see the road being put in. We also have some concerns about the canal.
Discusses the fill material on the project. We can get information on property values around
our projects.
Motion made, seconded, and withdrawn.
Discussion on changes to the Development Agreement.
Bastian moves to approve RZ-8-00 and approve both the zoning change and the
Development Agreement with the Specific Conditions of Planning and Zoning to be
incorporated in the Development Agreement, Item#1 through #7, with final approval of the
Development Agreement to be made by the City Attorney. Seconded by Merrill. ALL
AYE: MOTION CARRIES ...............
8. NEW BUSINESS:
A. Ordinance 375: An Ordinance Of The City Of Eagle, Ada County, Idaho, Creating Chapter
8 "Disorderly Conduct" Of Title 5 "Police Regulations, Providing Enforcement Provisions For
Peace Officers And Citizen Citations, Providing A Penalty, And Providing An Effective Date.
Mayor introduces the issue.
Sedlacek 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 #375 be considered after being read once by title only. Sedlacek
reads Ordinance #375 by title only. Seconded by Merrill. ALL AYE: MOTION
CARRIES .................
Sedlacek moves that Ordinance #375 be adopted. Seconded by Guerber. Bastian: AYE;
Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES .............
B. Review and approval of the audit contract for Gibbons, Scott & Dean LLP:
Mayor introduces the issue.
General discussion.
Sedlacek moves to approve the audit contract for Gibbons, Scott & Dean LLP for the fiscal
year ending September 30, 2000. Seconded by Bastian. Bastian: AYE; Merrill: AYE;
Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES ..............
C. Review and approval of the Eagle Security Services and Joint Posvers Agreement with
the Ada County Sheriff's Office.
Mayor introduces the issue.
General discussion.
Bastian moves to approve the Eagle Security Services and Joint Powers Agreement with
the Ada County Sheriff's Office subject to clarification by the City Attorney. Seconded by
Merrill. ALL AYE: MOTION CARRIES ................
D. Review and approval of the JUB Engineering contract for the negotiation ora revised
Impact Area Agreement with Ada County and the facilitation of obtainin~ annroval of the
2000 Eagle Comprehensive Plan from Ada County. Moved to the Consent Agenda.
E. Resolution 00-07: A Resolution Of The Eagle City Council, Eagle, Ada County, Idaho
Adopting A Minimum Standard Of Roadway Completion Pursuant To Sections 9-4-I-2 And 9-4-
2-2of The Eagle City Code; And Providing An Effective Date. (WEV) Moved to the Consent
Agenda.
F. Discussion of the expansion of the downtown transportation grid system and ne~otiatin~
design criteria and responsibilities for obtaining right of way with ACItD. Moved to the
Consent Agenda.
9. ADJOURNMENT:
Bastian moves to adjourn. Seconded by Guerber. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 12:00 p.m.
Respectfully submitted:
S-HAR'6N K. MOORE ~ -
CITY CLERK/TREASURER
APPROVED: