Minutes - 2000 - City Council - 09/26/2000 - Regular THE CITY OF EAGLE
CITY COUNCIL
MINUTES
September 26, 2000
PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m.
1. Jim Birdsall with Mercy Housing will discuss the Community Block Grant program. Jim distributes
Block Grant Application information to Council and discusses the same. General discussion.
2. Idaho Power, Layne Dodson, discusses the upgrade on Ballantyne Road, Part III. This is the two
feeders that go through downtown. In the next 2 months these feeders will be updated. Idaho Power
does have the need for a transmission line to the West in the next 3-5 years. General discussion.
3. Mike Mongelli, discusses the proposals for the purchase of a new City vehicle.
2. City Attorney Report: No report.
3. City Engineer Report: Veto Brewer: Looked at the problem with the trees at the Library. I would
like to have this added to the agenda tonight or at the next meeting.
4. City Clerk/Treasurer Report: Financial report of August distributed.
5. Zoning Administrator's Report: No report.
6. Mayor and Council's Report: Discussion of the meeting with United Water.
REGULAR COUNCIL AGENDA: 7:40 p.m.
1. CALL TO ORDER:
2. ROLL CALL: MERRILL, BASTIAN, SEDLACEK, GUERBER. All Present. A quorum is
present.
3. PLEDGE OF ALLEGIANCE:
ORIGINAL
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 Councilmember, 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 September 12, 2000.
C. Findings and Conclnsions for FPUD-2-00 & FP-3-00 - Aries Development, LLC:
Project Description: Aries Development, LLC, represented by Mike Hormaechea, is
requesting final development plan and final plat approval for Brookwood Subdivision
Phase 3, a 59-1ot (45-buildable) residential subdivision. A portion of Phase 1 is
proposed to be replatted and included into this phase. This 31.4-acre (approx.) phase of
Brookwood PUD is located on the northeast comer of Floating Feather Road and Eagle
Road (east of Phase 1 and north of Phase 2). The site is within the Eagle City Limits.
(WEV)
D. Findings and Conclusions for PP-4-00 - Eagle Village, LLC: Project Description:
Eagle Village, LLC, represented by Jack Coonce with Oppenheimer Development
Corporation, is requesting preliminary plat approval for Aquila Subdivision. The 5.61-
acre, 7-lot commercial subdivision is located on the northwest comer of State Street and
Palmetto Avenue. (WEV)
E. DR-51-99 MOD - Modification to the Building Wall and RoofTop Lights at 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 being final. Eagle United Methodist
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Church, represented by Brace Poe with Cole Associates and Architects, is requesting
design review approval to modify the proposed building wall lights on the addition to the
Eagle United Methodist Church from high pressure sodium to metal halide and to keep
the existing metal halide lights on the building and roof of the existing portion of the
church. The site is located on the west side of Eagle Road approximately 72 mile north
of State Street at 651 North Eagle Road. (WEV)
F. DR-39-00 -SDrin~ Creek - Spring Creek Associates LLC: 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. Spring Creek Associates LLC,
represented by Robert Hess, is requesting design review approval of a 13,728-square
foot assisted living center, eighteen 1,185 to 3000-square foot residential units, a 144-
square foot storage building, and site landscaping within Spring Creek III. The site is
located on the northwest comer of Eagle Road and Ranch Drive extended at 653 North
Eagle Road.(WEV)
G. Findings and Conclusions for CU-11-00 - Meridian Joint School District No. 2:
Meridian Joint School District No. 2, represented by Leatham-Krohn-Van Ocker
Architects, is requesting conditional use approval to install two 1,200 square foot
portable classroom buildings at Eagle High School. The site is located on the east side of
Park Lane approximately 2,000-feet north of State Street at 574 North Park Lane.
(WEV)
H. Open Container Permit: Suzy Crisci with the National Neuro fibro matosis Foundation
is requesting Council approval of an open container permit for October 21, 2000.
Bastian moves to remove Items 4A and 4E from the Consent Agenda and to approve the agenda as
amended. Seconded by Guerber. ALL AYE: MOTION CARRIES .................
4A. Claims Affainst the City.
Bastian has a question on the overtime hours on a time sheet.
City Clerk clarifies the question.
Bastian moves to approve the Claims against the City. Seconded by Guerber. ALL AYE:
MOTION CARRIES ...................
4E. DR-51-99 MOD - Modification to the Building Wall and Roof Top Lights at 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 beingfinal. Eagle United Methodist Church, represented by Brace Poe with Cole
Associates and Architects, is requesting design review approval to modify the proposed building wail
lights on the addition to the Eagle United Methodist Church from high pressure sodium to metal halide
and to keep the existing metal halide lights on the building and roof of the existing portion of the church.
The site is located on the west side of Eagle Road approximately 1/2 mile north of State Street at 651
North Eagle Road. (WEV)
Mayor introduces the issue.
Sedlacek: I need some clarification on this project. General discussion
Sedlacek moves to approve DR-51-99 MOD - Modification to the Building Wall and Roof Top
Lights at Eagle United Methodist Church - Eagle United Methodist Church. Seconded by Merrill.
ALL AYE: MOTION CARRIES ...................
Merrill moves to amended the Agenda as follows: Add as Item #6A. RZ-5-00, Add as Item #8F.
Bid on ecology blocks; Item #8G. Proposals for purchase of a copier and fax machine; Item#8H.
Purchase of a City Vehicle; and to remove from the Agenda Item #8A. This ordinance needs to go
through the public hearing process. Seconded by Bastian. ALL AYE: MOTION CARRIES ............
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5. FINAL PLATS: None
6. UNFINISHED BUSINESS:
A. 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.
Vaughan: Provides Council an overview of the application in regards to the curb, gutters and sidewalks.
General discussion
James Gipson, applicant, we have no objection whatsoever to the conditions proposed by the City of
Eagle and ACHD. General discussion.
Merrill moves to approve RZ-5-00 with Staff's recommendations and Site Specific Conditions of
Approval as presented to Council. Seconded by Sedlacek. Discussion. Merrill amends her motion
to state: On Page 206 of the Development Agreement to strike the language "30 feet" and state
"sufficient right-of-way as determined by the ACHD". Seconded concurs. ALL AYE: MOTION
CARRIES ..............
B. Review and Discussion of Hormachea Well Agreement: (JDM)
Mayor introduces the issue.
Mike Hormaechea, I did submit a revised draft dated September 11, 2000, and this is the agreement as
discussed to the approved. General discussion.
Veto Brewer, Holladay Engineer, discusses the cost of the well. General discussion.
Merrill moves to approve the Well Purchase Agreement with Aries Development, L.L.C., Michael
B. Hormaechea. Seconded by Bastian. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber:
AYE: ALL AYE: MOTION CARRIES ..............
7. PUBLIC HEARINGS:
A. VAC-3-00 - Vacation to the final plat of Bonita Hills Subdivision - Glenn Johnson: Glenn
Johnson, represented by Scott Jol~son, 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 o£Horseshoe Bend Road within Bonita Hills Subdivision
at 10481 West Blackstone (Lot 8, Block 1 of Bonita Hills Subdivision). (WEV) This item was continued
from the September 12, 2000 meeting.
Mayor introduces the issue.
Mayor opens the Public Hearing
Vaughan: Displays overheads of the site plan and discusses the same.
No one has signed up to speak to the issue and no one present desires to speak to the issue.
Mayor closes the Public Hearing.
Bastian moves to approve VAC-3-00 Vacation to the final plat of Bonita Hills Subdivision.
Seconded by Guerber. ALL AYE: MOTION CARRIES ...........................
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B. VAC-4-00 - Vacation to the final plat of Streamside Subdivision - Starwood of Eagle: Starwood
of Eagle, represented by David Powcll with Toothman-Orton Engineering Company, is requesting City
approval of a vacation to the final plat of Streamside Subdivision to remove the utility and drainage
easements along common lot lines between Lots 22 and 21 and Lots 20 and 21, Block 1, to accommodate
a lot line adjustment of these lot lines. The site is located on the end of Bogus View Court cul-de-sac
approximately 400-feet west of West Bogus View Drive. (WEV)
Mayor introduces the issue.
Mayor opens the Public Hearing.
Vaughan: Displays an overhead of the site plan and discusses the same. General discussion.
Dave, Powell, 977 Chinden Blvd., Boise. The packet has been reviewed and the developer is ready to
accept the conditions as noted. Discusses the vacations.
Mayor closes the Public Hearing.
Guerber moves to approve VAC-4-00 Vacation to the final plat of Streamside Subdivision -
Starwood of Eagle. Seconded by Bastian. ALL AYE: MOTION CARRIES ...............
C. A-3-00/RZ-2-00/CU-4-00/PPUD-3-00/PP-3-00 - Countryside Estates Planned Unit Development
- Capital Development and Tom Ricks: Capital Development and Tom Ricks, represented by Richard
Cook with Briggs Engineering, are requesting an annexation and rezone with development agreement
from RT (Rural Transition) and A-R (Agricultural - Residential) to R-2-DA-P (Residential two units per
acre maximum with development agreement - PUD), conditional use, planned unit development
preliminary development plan, and preliminary plat approvals for Countryside Estates Planned
Community. The development consists of a 62.73-acre, 112-lot (96-buildable) residential subdivision.
The site is located at the northwest comer of Ballantyne Lane and State Street. (WEV)
Mayor introduces the issue.
Sedlacek: I have a conflict of interest and will step down.
Mayor opens the Public Hearing.
JoAnn Butl~r, representing the applicant. Distributes notes to the Council that she will discuss.
Proceeds to discuss the project. Displays overheads of the existing realignments of State and
Ballantyne and discusses the same.
Vaughan: Displays an overhead of the Site Plan. Provides Council with an overview of the application,
Staff Report, and the Planning and Zoning Findings of Fact and Conclusions of Law. General
discussion.
Mayor swears in Cheryl Bloom
Cheryl Bloom, 2153 N. Hollybrook Place. I am a Planning and Zoning Commissioner and I am here
tonight on behalf of the Planning and Zoning Commission. Reads h~r prepared statement into the record.
Copies of Cheryl's statement were distributed to the City Council.
Mayor swears in Jack Zastrow.
Jack Zastrow, 2922 W. Timber Court. Cheryl said a lot of what I was going to say. The essence of what
I hope to say that meeting the narrow letter of the law does not make a good development. The density
has been at the expense of open space. It is not compatible with surrounding areas.
Mayor swears in Joe King.
Joe King, 170 N. Sierra View Way. Cheryl Blooms presentation represents a lot of our feelings. I am
proud of the City of Eagle and this City Council des~rves a lot of the credit. Where do we go from here?
Most of us moved here with an expectation of open spaces and a rural community. I urge you to
disapprove this zoning request. This won't approve or enhance our community.
Mayor swears in Rod Heller.
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Rod Heller, 2760 W. Conifer Drive, Cheryl Bloom said a lot of what I was going to say. I want to
discuss the zoning of the parcel at the front of this development. I enjoy the Redwood Creek open space.
The Colony has been good. The decision on this parcel will probably set a precedent for this area.
Mayor swears in Terence Woods.
Terence Woods, 135 N. Sierra View Way, I am the President of the Homeowner's Association of
Redwood Creek. Cheryl Bloom spoke to several issues I was going to address. We are back again
looking at basically the same development that was not previously approved. We would like to see less
density. This should not be approved. It is not a good plan for the City of Eagle.
Mayor swears in Lynne Sedlacek.
Lynne Sedlacek, 1200 Hereford Drive, The City of Eagle doesn't owe this development anything for the
corridor. Council planned for the future realignment of the intersection. This development asks for all
of the frosting but does not give anything back. Where are the common areas? I am very concerned
about the Chevron pipeline that is going through the front of several lots. I think the dimensions of these
lots are misleading. Discusses the Code addressing density. I think the realignment of Ballantyne should
take place before the development. Discusses the Planning and Zoning decision and their
recommendations. I would strongly recommend that Council follow Planning and Zoning
recommendations.
Mayor swears in Steve Care
Steve Care, 2498 W. Timber Drive, I said some things at Planning and Zoning Commission and their
decision reflects my comments. This does not fit in this area and does not fit in with the density of the
area. Overall this is ugly.
Mayor swears in Bill W. Wooten.
Bill W. Wooten, 2782 W. Conifer Drive, I agree with the other comments. My main concern is the open
space. There are no play fields.
Mayor swears in Mike PlunkeR.
Mike PlunkeR, 843 Ballantyne, I look at the lot sizes. Some people do not want to take care of a big
area. I don't think the Developer is going to do a shoddy job. This will be a nice development. Not
everyone wants large lots.
Mayor swears in Mary Ann Robinson.
Mary Ann Robinson, 1229 W. Hereford Drive, I think it was wonderful that the Planning and Zoning
made such a nice statement and I agree. Ballantyne and State will be affected. This comer does need to
be addressed. I don't see the open space in this development. Everything is exiting on Ballantyne and I
don't think the roadway was designed for this.
Mayor swears in Tom Barrieau.
Tom Barrieau, 1397 Hereford Drive, I have nothing more to add than what Cheryl Bloom stated for
Planning and Zoning. Traffic levels are concerns and our schools. ! have the same concerns that have
already been stated.
Mayor swears in Don Reed.
Don Reed, 1648 Hereford Drive, I agree with the Planning and Zoinging on their findings and with Tom.
Mayor swears in Rebecca Stinson.
Rebecca Stinson, 2825 W. Conifer Drive, my husband and I moved out here for the open area and the
peace and quiet of Eagle. My neighbors have already stated what I feel.
Mayor swears in Scott Nordstrom.
Scott Nordstrom, 2590 W. Timber Drive, I am on the Planning and Zoning Commission and I excused
myself from this issue. Displays the land use map in Comp Plan and discusses some of the land use
designation. Discusses the development coming into the City. We have a traffic dilemma in this City.
ACHD does not have the City of Eagle any where in their 20 year plan. We need to error on the side to
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lower density in order to handle the traffic. Discusses density.
Mayor swears in Tony Loucks.
Tony Loucks, 839 N. Linder Road, I represent the Ballantyne Ditch Co. We would like to have the
canal covered. I would now like to speak for myself. I have been here long before any of you here in
this room. Discusses how the traffic used to be. I don't think its density enough. It's now getting to
where you can't farm. Stop the development from going West.
Mayor swears in Raymond Morley
Raymond Morley, 1025 Park Lane. I have been here quite a long time. I'm not for or against the project.
I have seen this place change. To many people, to much traffic. It used to be a rural community. It is
no longer a rural community, it has changed. People want to move here for the rural community that no
longer exists. You have nice open space but it is not a rural atmosphere.
Ramon Yorgason, I am the developer of this proposed subdivision. I have been a developer in this
valley for over 20 years. I like to think that we do quality subdivisions. Distributes pictures of the
Bristol Heights Subdivision. I feel we have met the conditions that the City placed on the subdivision.
We worked with the City on the realignment of State and Ballantyne. We feel we have exceed the open
space requirements. If we have not met the standards then we are willing to meet the standards.
JoAnn Butler, rebuttal and discussion on the development.
Mayor closes the Public Hearing.
General Council discussion.
Richard Cook, Briggs Engineering, representing the applicant. Discusses the lineal open area. Locates
the 16 common lots. Discussion on the storm drainage system.
Tom Ricks, applicant, discusses the maintenance of the out parcel by the drainage canal.
Further Council discussion.
Bastian moves to continue A-3-00/RZ-2-00/CU-4-00/PPUD-3-00/PP-3-00 Countryside Estates
Planned United Development to the next regular meeting on October 24, 2000. Seconded by
Guerber. Discussion. ALL AYE: MOTION CARRIES .....................
Mayor calls a recess at 10:50 p.m.
Mayor reconvenes at 11:10 p.m.
D. RZ-7-00 - Rezone from A-R to R-E - Tahoe Development LLC: Tahoe Development
LLC,represented by Mark Butler with Land Consultants Inc., is requesting approval of a rezone from A-
R (Agricultural-Residential - one unit per five acres) to R-E (Residential Estates - one unit per two
acres). The 40-acre site is located on the west side of Ballantyne Lane approximately %-mile north of
Floating Feather Road at 1701 Ballantyne Lane.(WEV)
E. PP-8-00 - Tahoe Subdivision Tahoe Development LLC: Tahoe Development LLC, represented by
Mark Butler with Land Consultants Inc., is requesting preliminary plat approval for Tahoe Ridge
Subdivision, a 40-acre, 19-lot residential subdivision located on the west side of Ballantyne Lane
approximately x/4-mile north of Floating Feather Road at 1701 B allantyne Lane. (WEV)
Mayor introduces the issue. Items #7D and 7E will be heard together.
Mayor opens the Public Hearing.
Mark Butler, representing the applicant, displays an overhead of the site and discusses the request for
Rezone.
Vaughan: Displays overheads and provides Council with an overview of the Rezone request. Staff and
Planning and Zoning has recommended approval of the application. General discussion.
Mayor closes the Public Hearing.
Bastian moves to approve RZ-7-00 Rezone from A-R to R-E Tahoe Development LLC. Seconded
by Merrill. ALL AYE: MOTION CARRIES ......................
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Bastian moves to approve PP-8-0 Tahoe Subdivision Tahoe Development LLC with all Site Specific
and Standard Conditions of Approval. Seconded by Guerber. Discussion. ALL AYE: MOTION
CARRIES ........................
8. ~IEW BtiSINESS:
A. Ordinance No. 376: An Ordinance Of The City Of Eagle, Ada County, Idaho, Relating To Minimum
Standards Of Roadway Completion; Amending Section 9-4-1-2, Eagle City Code, To Require
Completion Of Roadway Asphalt Prior To The Issuance Of Building Permits; Amending Section 9-4-2-
2, Eagle City Code, To Exempt Street Construction From The Guarantee Of Improvement Provisions
And To Eliminate Negotiable Bonds Therefrom; And Providing An Effective Date. (WEV)
This Ordinance has been removed from the Agenda.
B. Review and discuss draft ordinance No. 377 requiring da¥care licensing and the corresponding
draft resolution: (SKM)
Mayor introduces the issue.
General discussion.
Merrill moves to continue to the October 17, 2000, City Council meeting. Seconded by Sedlacek.
ALL AYE: MOTION CARRIES ................
C. DR-49-00 - Tahoe Ridge Subdivision Common Area Landscaping - Tahoe Development LLC:
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, Tahoe Development LLC,
represented by Mark Butler with Land Consultants Inc., is requesting design review approval of
landscaping along Ballantyne Lane within the common area of Tahoe Ridge Subdivision. The site is
located on the west side of Ballantyne Lane approximately 1,200-feet north of Floating Feather Road at
1701 Ballantyne Lane. (WEV)
Mayor introduces the issue.
Mark Butler, representing the applicant, displays an overhead of the common area landscaping area and
discusses the landscaping along Ballantyne Lane. General discussion.
Bastian moves that an additional Site Specific Conditional of Approval be that a berm of 5' be
required. Discussion. Seconded by Merrill. Discussion. TWO AYES: TWO NAY: MAYOR
AYE: MOTION CARRIES .................
Council directs staff to change the City Code.
D. Idaho Humane Society Contract 2000/2001: (SKM)
Mayor introduces the issue.
Sedlacek moves to approve the Service Agreement for Animal Control Services between City of
Eagle and The Idaho Humane Society Contract for 2000/2001. Seconded by Merrill. Discussion.
Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION
CARRIES ..............
E. Eagle Senior Center Van Use Agreement 2000/2001: (SKM)
Mayor introduces the issue.
Merrill moves to approve the Eagle Senior Center Van Use Agreement. Seconded by Bastian.
Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION
CARRIES .................
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F. Approval of bid for 62 ecology blocks located at the temporary skateboard park.
Mayor introduces the issue.
Bastian moves to approve the sale of the 62 ecology blocks to Merrill Egg Farms. Seconded by
Sedlacek. THREE AYES: MERRILL: ABSTAIN: MOTION CARRIES ...................
G. Approval of the purchase of a copy machine and fax machine.
Mayor introduces the issue.
Merrill moves to approve the bid from IKON for the Canon Image Runner 400 and the Canon Fax
for the total price of $12,634. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ..............
H. Approval of the purchase of a city vehicle.
Mayor introduces the issue.
Guerber moves to authorize the purchase the 2000 Ranger 4X4 Supercab as proposed by Meridian
Ford for the amount of $20,100. Seconded by Merrill. ALL AYE: MOTION
CARRIES ......................
Council will meet on October 17, 2000, and October 24, 2000.
Bastian: Reports on the filtering of computers at the Library.
9. AD]OURNlqENT:
Guerber 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 CLERK/TREASURER
APPR VED:
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