Minutes - 2000 - City Council - 12/12/2000 - RegularEAGLE CITY COUNCIL
MINUTES
December 12, 2000
ORIGINAL
PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m.
1. Ada County Sherif£s Office: Sgt. Patrick Calley will present the November monthly report.
Sgt. Calley distributes the monthly report to the City Council and discusses the same. Introduces
Teresa Howell, the new secretary/receptionist at the sub-station.
Deputy Borgquist will discuss Community Policing projects. Deputy Borgquist discusses car
break-ins that have occurred in the City. Investigating these incidents he realized there were few
street lights in these areas and the vehicles were parked outside. He passed out flyers and
discussed the issue of installing street lights with the residents in these areas. Most of the
residents would like to have street lights. Idaho Power was unable to give any price quotes until
the placement of the power poles and lights was determined. General discussion. Council
concurs to have Deputy Borgquist move forward on this and have the City Engineer look at the
areas to determine the placement of the street lights.
2. Garry D'Orzaio will discuss the purchase and placement of an angel statue within the city
limits. Gary distributes a brochure for Council review and discusses the angel statue and the
history of The Christmas Box Angel. In essences the statue is for people who have lost children.
Council discussed using the Arboretum as a place to have the statue. The Cultural Arts
Commission will review this as a project.
3. City A~torney Report: No report.
4. City Engineer Report: No report.
5. City Clerk/Treasurer Report: I have distributed a copy of the Joint Powers Agreement with
Ada County for your review and to have for the meeting on the 14th. I will be having knee
surgery on Friday and will be offwork for at least 4 weeks. Tracy will be stepping in for me
while I am recovering.
6. Zoning Administrator's Report:
a. The Zoning Administrator is seeking Council clarification on a condition of approval for
Clear Creek Crossing. Discussion on the siphon tube which was to be placed on Dry Creek as a
flood prevention measure. General discussion. Jason Densmer, Roylance & Associates, displays
a map of the Dry Creek area and discusses the proposed improvements. Ganeral discussion. The
Dry Creek Ditch Board is having a meeting next week and this will be discussed.
b. The Zoning Administrator will give an update on the lancing/golf ball issue at Banbury
Meadows Golf Course. Discussed at the end of the meeting.
Mike Mongelli, Building Official: Discussion ora historical building on Eagle Road between
Floating Feather and Beacon Light. Mr. Hagewood would like to move out of the building and
keep the building as a studio. He would need to go through a variance. I'm before the Council to
see if there is anyway we can give Mr. Hagewood a permit for the mobile home while the
variance process is going through.
Clay Hagewood: Provides Council with the history of the house. He has found a modular home
with the same look as the old house. He would hate to see the house go and would like to have
the house as a studio. The Historical Society has provided Mr. Hagewood forms to fill out for
historical designation.
G~neral Council discussion. Council concurs to add this to the regular agenda for action.
7. Mayor and Council's Report: Moved to the end of the meeting.
REGULAR COUNCIL AGENDA: 7:45 p.m.
1. CALL TO ORDER:
2. ROLL CALL: Bastian, Merrill, Sedlacek, Guerber. All present. A quorum is present.
3. PLEDGE OF ALLEGIANCE:
Merrill moves to add as Item #8A. Clay Hagewood request for a building permit and a
variance, and hear this item before Unfinished Business. Seconded by Bastian. ALL AYE:
MOTION CARRIES ............................
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 November 28, 2000 - Special Meeting.
C. Minutes of November 28, 2000.
D. Resolution 00-13: A resolution appointing a Board member and an Alternate to the
Ada County Regional Public Transportation Authority and the Valley InterArea
Transportation Authority.
E. Resolution 00-14: A resolution of the Mayor and City Council of the City of Eagle
amending the Eagle City Personnel Policy and Procedure Manual addressing payroll
dates, and providing an effective date. (SKM)
F. Resolution 00-17: A Resolution Of The Eagle City Council To Vacate The Southern
25-Feet Of The 60-Foot Wide Access And Utility Easement Along The North Lot Line
Of Lot 2, Block 2 Of Periwinkle Subdivision As Shown On The Attachments Hereto;
And Providing An Effective Date. (WEV)
G. Resolution 00-18: A Resolution Of The Eagle City Council To Vacate Utility And
Drainage Easements Along The Common Lot Lines Between Lots 22 And 21 And Lots
20 And 21, Block 1 Of Streamside Subdivision As Shown On The Attachments Hereto;
And Providing An Effective Date. (WEV)
H. 2000 Beer and Wine License for The Blue Moose Caft: The Blue Moose Caf6 is
requesting Council approval of a beer and wine license for the remainder of the year
2000. (SKM)
I. 2001 Liquor license renewals for Vet Inc. (dba: Casa Mexico #2) and Daniel K.
Smith {dba: Smoke N' Suds): The applicants are requesting license renewal for their
respective liquor licenses.(SKM)
J. 2001 Beer and Wine license for River Rock Alehouse Inc. The River Rock
Alehouse is requesting Council approval of a beer and wine license for the year 2001.
(SICM)
K. Findines and Conclusions for CU-15-00 - Wireless Facility Height Exception -
U.S. West Wireless: U.S. West Wireless, represented by Paul Hoffman with W & H
Pacific Engineers, is requesting conditional use approval to install a wireless antenna on
a replacement light standard structure. The site is located on the Eagle High School
Baseball field at 574 N. Park Lane, ¥2 mile N. of Highway 44. (WEV)
Merrill moves to remove Item g4c from the Consent Agenda and moves to approve the
amended Consent Agenda. Seconded by Sedlacek. ALL AYE: MOTION
CARRIES ..............
4C. Minutes of November 28~ 2000.
Merrill: I need clarification on Page 4, Item #21. I want to make sure that it is clear that
alignment with Hereford Drive is my intent. ACHD had two recommendations. I would instruct
the Clerk to add the word "with" between "align" and "Hereford Drive". The Findings of Facts
and Conclusions of Law will address this condition with the exact street names.
Merrill moves to approve the minutes of November 28, 2000, as amended. Seconded by
Sedlacek. ALL AYE: MOTION CARRIES ............................
8A. Discussion on Clay Haeewood's manufactured home and historical building.
Mayor introduces the issue.
Merrill moves to direct staff to issue a building permit to Mr. Hagewood for the
manufacturing home on his property with the condition that Mr. Hagewood submit an
application for a variance. Seconded by Bastian. Discussion. ALL AYE: MOTION
CARRIES ........................
Merrill moves to add the Executive Session before Unfinished Business for the discussion of
threaten litigation and personnel issues. Seconded by Sedlacek. ALL AYE: MOTION
CARRIES ............................
Guerber moves to go into Executive Session to discuss threatened litigation and personnel
matters. Seconded by Bastian. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber:
AYE; ALL AYE: MOTION CARRIES ...........................
Discussion by the City Council on threatened litigation and personnel issues.
City Council leaves Executive Session.
Merrill moves to move Item #8D to Item #8B to be heard before Unfinished Business.
Seconded by Bastian. ALL AYE: MOTION CARRIES .....................
8D. FPUD-3-00 & FP-05-00 - Final Development Plan and Final Plat for Pacific Heights
PUD Subdivision - Eaele Heiehts Develonment. Inc.: Eagle Heights Development, Inc.,
represented by Ted Martinez and Joe Hams, is requesting final developmant plan and final plat
approval for Pacific Heights Subdivision, a 5.6-acre, 47-1ot (42-buildable) senior housing
residential planned unit development located on the south side of E. State Street approximately
¼-mile west of Edgewood Lane. (WEV)
Mayor introduces the issue.
Ted Marteinze, applicant, I believe that up to this point we have met all the requirements of
Planning and Zoning, Design Review and the City Council and we would request that that final
development plan be approved. General discussion.
Vaughan, displays an overhead of the plat and discusses the project. General discussion.
Merrill moves approve FPUD-3-00 & FP-05-00 Final Development Plan and Final Plat for
Pacific Heights PUD Subdivision - Eagle Heights Development, Inc. with the Site Specific
Conditions of Approval and with a waiver of the secondary non-potable irrigation system
as identified in Eagle City Code, 9-4-1-9 and as addressed in the City Engineers letter.
Seconded by Gnerber. ALL AYE: MOTION CARRIES ......................
5. FINAL PLATS: None
6. UNFINISHED BUSINESS:
A. Discussion of Jensen~Belts Contract for Merrill Park: (JM)
Mayor introduces the issue.
City Attorney McFadden discusses some of the questions and issues they have in preparing a
contract with Jensen Belts Associates. One of our concerns is not entering into an open ended
contract. General discussion. The City Attorney will meet with Council Member Men-ill,
review the bid documents and proceed to draft a contract to bring back before the City Council.
B. Discussion of the Eagle Community Fund distribution. (SKM)
Mayor introduces the issue.
General Council discussion.
Council would like to proceed to put the committee together to begin gathering information on
organizations or government entities to receive these funds. Council will provide Mayor with
recommendations for the committee. This item to come back before the Council at the next
regular meeting.
7. PUBLIC llEARINGS: None
8. NEW BUSINESS:
&.C. Discussion of proposed Ordinance No. 380: An Ordinance Creating Title 2, Chapter 6,
Eagle City Code Providing For The Creation Of The Eagle Arts Commission; Establishing The
Tc~rms Of Office And Vacancies Of Such Commission; Providing For Such Commission's
Organization, Duties And Responsibilities; Providing For Other Matters; And Providing An
Effective Date.
Mayor introduces the issue.
General Council discussion on changes to be made to the Ordinance and Bylaws.
Bastian moves to refer this to the City Attorney to take the comments tonight and
incorporate into an Ordinance and Bylaws. Seconded by Gnerber. ALL AYE: MOTION
CARRIES ..................
]~.D. Discussion of proposed Ordinance No. 381: An ordinance of the City of Eagle, Ada
County, Idaho, adding Title 8, Chapter 2A, Section 7-0-3 of the Eagle City Code, providing for
the creation of a Tree Fund to be used as an alternative method of compliance with landscaping
and buffer requirements; and establishing an effective date. This agenda item is for discussion
purposes only, as it will need to go through a public hearing process with the Planning & Zoning
Commission prior to Council action.
Mayor introduces the issue.
General Council discussion.
Merrill moves to return this item to staff and the City Attorney for revisions. Seconded by
Bastian. Discussion. ALL AYE: MOTION CARRIES .......................
C. Discussion of proposed Ordinance No. 384: An ordinance of the City of Eagle, Ada
County, Idaho, amending the Eagle City Code by adding Eagle City Code, Title 8, Chapter 9,
Sections 14M and 26 to allow for additional duties of the Eagle Historical Preservation
Commission to oversee and operate the Eagle Historical Museum and to provide criteria for such
oversight and operation; providing for other matters and providing an effective date. This agenda
item is for discussion purposes only, as it will need to go through a public hearing process with
the Planning & Zoning Commission prior to Council action.
Mayor introduces thc issue.
General Council discussion. This Ordinance will go through a public hearing process with thc
Planning & Zoning Commission and then will come back to Council.
D. FPUD-3-00 & FP-05-00 - Final Development Plan and Final Plat for Pacific Heights
PUD Subdivision - Eagle Heights Develonment. Inc.: Eagle Heights Development, Inc.,
represented by Ted Martinez and Joe Harris, is requesting final development plan and final plat
approval for Pacific Heights Subdivision, a 5.6-acre, 47-1ot (42-buildable) senior housing
residential planned unit development located on the south side of E. State Street approximately
¼-mile west of Edgewood Lane. (WEV)
This item was moved to the beginning of the Agenda.
E. Ordinance No. 373: An Ordinance Amending Eagle City Code Title 8 "Zoning", Chapter 3
"Performance Standards", Section 5 "Unique Land Uses", Paragraph S "Personal Wireless
Facilities, Spires, Poles, Antennas, Steeples, Towers, And Other Such Structures", Item 2 And
Chapter 2 "Zoning Districts And Map", Section 3 "Official Schedule Of District Regulations";
And Providing An Effective Date. (WEV)
Mayor introduces the issue.
Sedlaeek 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 #373 be considered after being read once by title only. Sedlacek
reads Ordinance #373 by title only. Seconded by Bastian. ALL AYE: MOTION
CARRIES .................
Sedlacek moves that Ordinance #373 be adopted. Seconded by Bastian. Bastian: AYE;
Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES ................
F. Ordinance No. 382 An Ordinance Annexing Certain Real Property Situated In The
Unincorporated Area Of Ada County, Idaho, And Contiguous To The Corporate Limits Of The
City Of Eagle, To The City Of Eagle, Idaho; Established The Zoning Classification Of Said Real
Property; Directing That Copies Of This Ordinance Be Filed As Provided By Law; And
Providing An Effective Date. (WEV)
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 #382 be considered after being read once by title only. Sedlacek
reads Ordinance # 382 by title only. Seconded by Merrill. ALL AYE: MOTION
CARRIES .................
Sedlacek moves that Ordinance #382 be adopted. Seconded by Merrill. Bastian: AYE;
Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES ..........
H. Discussion of nominations for Ada County Highway District's Capital Investment
Citizens Advisory Committee: (R¥)
Mayor introduces the issue.
General Council discussion. We need to nominate a person for them to review and nominate to
the Committee. Council concurs to have the Mayor ask Dan Torfin if he would be interested in
this position.
Zoning Administrator Report: I am requesting direction on the Eagle Country Plaza site and
the required trees. Discussion on the site and the size and type of the trees. General discussion.
Merrill moves to approve the recommendation as presented tonight by the Zoning
Administrator. Seconded by Bastian. ALL AYE: MOTION CARRIES ................
Pre-Council Item #b. The Zoning Administrator will give an update on the fencing/golf ball
issue at Banbury Meadows Golf Course. We have counted golf balls at Banbury Meadows Golf
Course. I think it is now appropriate to have this come back before City Council on whether or
not to raise the height of the nets. Discussion on the pathway along Eagle Road.
You should have in your mail a letter from Mike Hormaechea. I met with Mike in regards to
issuance of building permits prior to paving of roadways. We have had a wet and cold October
and November and this has created some problems with installing asphalt. General discussion
on approving a waiver. This matter will be brought back before City Council.
Discussion on the liquor license and permit for the Blue Moose Caf& The Blue Moose Cafe
does not have an occupancy permit. General discussion. Council concurs to have the Zoning
Administrator write a letter to the Blue Moose Caf6 stating that their liquor license will not be
approved for the year 2001 until an occupancy is issued.
Mayor and Council's Report:
Sedlacek: Discussion on the Scenic By-way Project.
Discussion on the Impact Area with the City of Boise.
Discussion on Ada County adopting the City Comprehensive Plan.
Discussion on the Arch over Eagle Road.
Bastian: I was at the Library Board meeting last night. The Security System does not work at
the Library. Security Systems did the installation and they can not find the master code so they
can access the system to correct the problems. The Board will like the City Attorney to call
Security Systems and address this issue.
Discussion on computer filtering at the Library. The board is considering access options.
The Library would like to be notified when property has being annexed into the City.
Merrill: Park meeting tomorrow night.
Ada County will want us to take over maintenance of the Skateboard Park. This will be
discussed at the meeting on the 14th. General discussion.
Guerber: Reports on the Air Quality Board meeting is tomorrow at noon. Discussion on raising
rates and allowing stations to do testing without adjustments.
9. EXECUTIVE SESSION: Threatened litigation: I.C. §67-2345(f) Moved to the beginning
of the meeting.
10. ADJOURNMENT:
Sedlacek moves to adjourn. Seconded by Mayor. ALL AYE: MOTION CARRIES...
Hearing no further business, the Co.ttCc~ meeting adjourned at 11:00 p.m.
Respectfully submitted: .~";~ >~ .... . ~. ·
SHAROI~K. MOORI~ ~'i7 ~ ~ ~
CITY CLE~T~ASU~. ~ ~ ,?
~PROVED: .... '
~CK'~YZAG~F~
MAYOR v -