Minutes - 2002 - City Council - 01/08/2002 - RegularEAGLE CITY COUNCIL
Minutes
January 8, 2002
ORIGINAL
PRE-COUNCIL AGENDA 6:30 p.m.- 7:30 p.m.
1. Ada County Sheriff's Office: Sergeant Patrick Calley presents the December monthly report
and discusses the same. General discussion. Victim Information Center is up and running.
Discussion on the information center. Discussion on the Sheriffs Honor Guard. Further
discussion.
2. Mayor and Council's Report:
Sedlacek: Does Jim Murray's representation on the Design Review cloud his company's abilities
to respond to the RFQ for City Hall. City Attorney: as long as Jim is not a participant there
would be no problem.
Reports on the Senior Citizen Board meeting. Seniors are concerned about what is going to
happen once the City moves into the new City Hall. General discussion.
Discussion on boundaries for van use.
The new Eagle jingle has been on the radio.
Bastian: Discussion on the need for more computer stations at the Library.
Merrill: Discussion on enhancement grant for the pathway. We will put this on hold and apply
to the grant next year.
We are moving forward with the pedestrian bridge on 1st street. The goal is to have the bridge
completed by Fun Days. General discussion.
Discussion on the Eagle River development along the river and the pathways.
The City received a check from the Grossman Family Foundation to help fund river nature trails.
A Park meeting is scheduled for next week. Construction designs for Merrill Park will be
presented.
The letter Barry Marcus has written to lTD in regards to access off the by-pass is not the type of
letter that the City thought was going to go out. General discussion. Council Member Guerber
and the Zoning Administrator will work on the letter to ITD.
Guerber: Air Quality Board meets tomorrow.
The Fire Department is interested in something to the West and possibly Eagle Island State Park
for a new fire station. General discussion.
There is a meeting scheduled for January 29, 2002, with Eagle Island State Park.
Discussion on parapet wall at the new Fire Station.
3. City Engineer Report: No report
3. City Clerk/Treasurer Report: Report on the RFQ. General discussion.
Discussion on setting special meetings to review the RFQ's and doing the interviews.
Discussion on the pre-proposal and site walk over meeting on January 17the at 11:00 a.m.
4. Zoning Administrator's Report: Moved to the end of the Agenda
5. City Attorney Report: Moved to the end of the Agenda
REGULAR COUNCIL AGENDA: 7:30 p.m.
1. CALL TO ORDER: Mayor Yzaguirre calls the meeting to order at 7:40 p.m.
2. ROLL CALL: BASTIAN, MERRILL, SEDLACEK, GUERBER. All present. A
Quorum is present.
3. PLEDGE OF ALLEGIANCE:
4. CONSLUSION OF FISCAL BUSINESS:
I. 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 December 11, 2001.
C. DR-66-01 - Office Building within Casa Escuela Subdivision - Shannon
Robnett: 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 action taken by
the Design Review Board on an application being final. Shannon Robnett is requesting
design review approval to construct a 4,872-square foot office building. The
0.43-acre site is located east side of Academy Way approximately 300-feet north
of State Street at 208 South Academy Way within Casa Escuela Subdivision.
(WEV)
D. DR-68-01 - Professional Office Building within Casa Escuela Subdivision -
Brent and Stephanie Hadley: 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 action taken by the Design Review Board on an application being
final. Brent and Stephanie Hadley, represented by Patrick McKeegan Architect,
are requesting design review approval to construct a 2,487-square foot
professional office building. The 0.43-acre site is located east side of Academy
Avenue approximately 530-feet north of State Street within Casa Escuela
Subdivision. (WEV)
E. DR-70-01 - Master Sign Plan for Eagle Medallion Professional Center
Including a Wall Sign for Daniel Howard DDS - Daniel Howard DDS, PC:
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 action taken by the Design
Review Board on an application being final. Daniel Howard DDS, PC, represented by
Classic Design Studio, is requesting design review approval of a master sign plan
for the Eagle Medallion Professional Center including a wall sign for Daniel
Howard DDS. The site is located on the north side of State Street approximately
300-feet west of Palmetto Avenue at 600 and 700 East State Street. (WEV)
F. DR-71-01 - Two Monument Signs for Castlebury Subdivision - Capital
Development Inc.: 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
action taken by the Design Review Board on an application being final. Capital
Development Inc., represented by David Koga with The Land Group, is
requesting design review approval to construct two monument signs at the entry
to Castlebury Subdivision. The site is located on the north side of Chinden
Boulevard approximately ¼-mile west of Locust Grove Road at 990 East Chinden
Boulevard. (WEV)
G. DR-?2-01 - Master Sign Plan for Iron Eagle I and II Multi-Tenant Buildings
with Rocky Mountain Business Park - RSG~ 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 action taken by the Design Review Board on an
application being final. RSG, LLC, represented by Craig Jamieson with Idaho
Electric Signs, is requesting design review approval of a master sign plan for the
Iron Eagle I and II multi-tenant buildings within Rocky Mountain Business Park.
The site is located on the north side of Iron Eagle Drive approximately 700-feet
west of Edgewood Lane at 1250 East Iron Eagle Drive. (WEV)
H. DR-73-01 - Monument Sign for Primary Colors Daycare Facility within
Rocky Mountain Business Park - A'a 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 action taken by the Design Review Board on an application
being final. A'a, LLC, represented by Kinetic Graphics, is requesting design
review approval of a monument sign for the Primary Colors Daycare Facility
located within Rocky Mountain Business Park. The site is located on the south
side of Iron Eagle Drive approximately 700-feet west of Edgewood Lane at 1323
East Iron Eagle Drive. (WEV)
I. Planning and Zoning Commission Appointment: The Mayor is requesting
Council confirm the appointment of Brian Crook to the Planning and Zoning
Commission. He will be serving a 3 year term. (RY)
Merrill removes Item 4IE from the Consent Agenda
Merrill moves to approve the Consent Agenda as amended. Seconded by Guerber. ALL
AYE: MOTION CARRIES ............................
4IE. DR-70-01 - Master Sign Plan for Eagle Medallion Professional Center Including a
Wall Sign for Daniel Howard DDS - Daniel Howard DDS~ PC: 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 action taken by the Design Review Board on an application being final. Daniel
Howard DDS, PC, represented by Classic Design Studio, is requesting design review approval of
a master sign plan for the Eagle Medallion Professional Center including a wall sign for Daniel
Howard DDS. The site is located on the north side of State Street approximately 300-feet west of
Palmetto Avenue at 600 and 700 East State Street. (WEV)
Merrill: ! would like to bring this sign to the attention of the City Council as this sign is a very
appropriate sign under our sign ordinance. General discussion.
Merrill moves to approve DR-70-01 Master Sign Plan for Eagle Medallion Professional
Center Including a Wall Sign for Daniel Howard DDS. Seconded by Bastian. ALL AYE:
MOTION CARRIES ..................
Merrill moves to add the following items to the Agenda: Item g'7C. ACHD - Appointment
to the Citizen Advisory Board; Item g8. Executive Session, I.C. 67-2345(t) Pending or
threatened litigation and I.C. 67-2345(c) Acquisition of private property. Seconded by
Sedlacek. ALL AYE: MOTION CARRIES ...............
II. UNFINISHED BUSINESS:
A. Discussion on Streamside Subdivision pathway: (LS & NM) This item was continued from
the December 11, 2001 meeting.
Mayor introduces the issue.
The Zoning Administrator and Council Member Merrill have gone through the files and have
drafted some letters. Discussion on the pathway. Pathway at Streamside Subdivision pathway is
in place.
B. Discussion of Arbor Day Tree Planting for 2002. (SKM)
Mayor introduces the issue.
General Council discussion.
Council would like to have more than one nursery participate.
Council discusses in lowering the caliper to a 2" plus caliper because this size of a tree would be
more manageable for individuals.
People who live outside a subdivision will be eligible to participate.
Expiration should coordinate with the end of our fiscal year.
Merrill moves to go forward with the Arbor Day Tree Planting Program with the following
changes: That we allow trees to be planted on aH properties within the City as long as they
are planted in the front yards, adjacent to the roads, 4' from the sidewalk, and that the
trees be a minimum of 2" plus caliper, full canopy as nurseryman standards, that we
receive a minimal site plan showing the location that the trees are to be planted, and the
expiration date shall be 9/30/02. Seconded by Bastian. ALL AYE: MOTION
CARRIES ....................
Further discussion on types of trees to be planted.
III. OATH OF OFFICE/APPOINTMENTS:
A. Oath of Office: The City Clerk will administer the oath of office to Rick Yzaguirre.
Presentation of Certificate of Election. (SKM)
City Clerk Sharon K. Moore administers the oath of office to Rick Yzaguirre and presents him
with his Certificate of Election.
B. Oath of Office: Mayor Yzaguirre will administer the oath of office to Lynne Sedlacek and
Steve Guerber. Presentation of Certificates of Election. (RY)
Mayor Yzaguirre administers the oath of office to Lynne Sedlacek and Steve Guerber and
presents each of them with their Certificates of Election.
C. Appointment of City Clerk/Treasurer: (RY)
Mayor introduces the issue.
Sedlacek moves to appoint Sharon K. Moore as City Clerk/Treasurer. Seconded by
Merrill. ALL AYE: MOTION CARRIES .....................
D. Election of City Council President: (RY)
Mayor introduces the issue. I would recommend that Council Member Merrill remain as Council
President.
Sedlacek moves to appoint Nancy Merrill as the Council President. Seconded by Bastian.
ALL AYE: MOTION CARRIES ...................
E. Appointment to Council Liaison positions: (RY)
Mayor introduces the issue.
General Council discussion on liaison positions.
Bastian: Library, schools.
Merrill: Design Review, Pathways & Parks, Chairman AIC Legislative Committee, Ada County
Sheriff, Cultural Arts Commission, River issues.
Sedlacek: Sewer District, Senior Citizens, Economic Development Committee/Chamber of
Commerce, River issues.
Guerber: ACHD, lTD, Historical Commission, Fire Department, Air Quality, Eagle Community
Foundation, Vice-Chairman AIC Legislative Committee.
Sharon Moore: Eagle Fun Days
Guerber moves to approve the liaison positions. Seconded by Sedlacek. ALL AYE:
MOTION CARRIES ..................
5. FINAL PLATS: None
6. PUBLIC HEARINGS:
A. RZ-12-00 MOD - Rezone from A to MU-DA {Development Agreement and Concept Site
Plan Modification)- Coulter Properties LLC: Coulter Properties LLC, represented by Mark
Butler with Land Consultants Inc., is requesting a change to the conditions within the
development agreement and a change to the concept site plan previously approved by the City for
rezone application RZ-12-00 (rezoned from A (Agricultural) to MU-DA (Mixed Use with a
Development Agreement). The 24.84-acre site is located on the west side of Edgewood Lane
approximately 2,000-feet north of East State Street. This item was continued from the November
27, 2001 meeting. The public hearing remains open. (WEV)
Mayor introduces the issue.
The Public Hearing remains open from the November 27, 2001, City Council meeting.
Mayor swears in Mark Butler.
Mark Butler, Land Consultants, representing the applicant, displays a site plan.
Discussion on whether or not this application needs to go back through Planning and Zoning.
Mayor calls a recess at 8:20 p.m.
Mayor reconvenes at 8:30 p.m.
City Attorney Buxton: This appears to me to be nothing more than a Development Agreement
issue. Advises Council on code sections. This appears to me to have significant changes. Noted
that may not be a modification of a development agreement since there has not been a
development agreement executed between the parties so it likely needs to go to Planning &
Zoning under section 8-10-1(B)(3).
Zoning Administrator Vaughan: Provides an overview of this application for the Council.
General Council discussion.
Merrill moves that RZ-12-00 MOD Rezone from A to MU-DA (Development Agreement
and Concept Site Plan Modification) goes back to Planning and Zoning for a Public
Hearing and a Development Agreement to detail out what the site should be. Seconded by
Sedlacek. Discussion. ALL AYE: MOTION CARRIES ............
B. PP-8-01 - Once Upon a Subdivision - Northwest Development LLC: Northwest
Development LLC, represented by Matt Munger with Hubble Engineering Inc., is requesting
preliminary plat approval for Once Upon a Subdivision. The 11.11-acre, 35-1ot (33-buildable, 2-
common) residential subdivision is located on the north side of West State Street, approximately
300-feet west of Eagle Glen Lane at 386 West State Street. (WEV)
Mayor introduces the issue.
Mayor opens the Public Hearing
Mayor swears in Kristen VanEngelen
Kristen VanEngelen, developer, provides a power point presentation; I appreciate the Staff in
working with me on this project. Provides Council an overview of the project. General
discussion.
Jeff Lower, Planner: Displays a site plan and discusses the pathway. The comp plan does
require a pathway along the canal. Discussion on the roads. General discussion
Mayor swears in John Graves
John Graves, Eagle Glenn Homeowners Association, distributes a copy of their concerns to the
City Council and discusses the same.
Mayor swears in Curtis Hudson.
Curtis Hudson, 489 Cobblestone Lane, I live at the end of Cobblestone Lane, where the proposed
stub out is now. This stub out is right in the middle of my pasture. I board horses. I have an
irrigation ditch that runs along the property line boarding this subdivision. My whole issue is
safety. I would like to see a fence. General discussion.
Mayor swears in Teresa Lewis.
Teresa Lewis, 309 Eagle Way, the thing that bothers me is that there is so much wildlife in this
area, which will be missed. General discussion.
Kristen VanEngelen, applicant, the ditch that Mr. Graves addressed is actually on their property.
Discussion on the height of the homes. Addresses the dust issue, we will have water trucks. I
appealed ACHD's decision on the stub streets and got nowhere and had no help from the property
owners. Discussion on the 10' masonry fence.
Matt Manger, Hubble Engineering, discusses the irrigation ditches and the head gates.
Mayor closes the Public Hearing
General Council discussion.
Guerber moves to approve PP-8-01 Once Upon a Subdivision - Northwest Development
LLC including Site Specific Conditions of Approval as recommended by Planning and
Zoning and staff as well as the normal subdivision requirements of the City of Eagle;
excluding Item #4, 09, #13; also stipulations in regards to the hours for construction and
appropriate handling of construction site including the leashing of dogs; there would not be
an easterly stub street involved with the stipulation that a 6' fence be placed within those
areas that have adjacent occupancy the appearance to be determined by the Design Review
Board; that the developer work with the Dry Creek Canal Company to insure adequate
protection takes place to alleviate accesses to laterals and other dangerous aspects of the
canal system. Seconded by Sedlacek. Discussion. ALL AYE: MOTION
CARRIES ..................
Mayor calls a recess at 10:20 p.m.
Mayor reconvenes at 10:30 p.m.
C. CU-9-01 & PP-4-01 - Ancona Commercial Subdivision -Ancona Group LLC: Ancona
Group LLC, represented by Colin Connell, is requesting conditional use and preliminary plat
approval for Ancona Commercial Subdivision. The 5.08-acre, 7-lot commercial subdivision is
located on the south side of State Highway 44, approximately 1/2-mile west of State Highway 55.
(WEV)
Mayor introduces the issue.
Mayor opens the Public Hearing
Mayor swears in Colin Connell
Colin Connell, 1811 Leadville, Boise, applicant. I agree with all the recommendations and stand
for any questions.
Zoning Administrator Vaughan: Displays a site plan and provides the Council an overview of
the project. General discussion.
ITD was notified on this project and the City did not receive a response.
Mayor closes the Public Hearing
Merrill moves to approve CU-9-01 & PP-4-01 Ancona Commercial Subdivision - Ancona
Group LLC with the Site Specific Conditions of Approval as recommended by Planning
and Zoning and Staff with the following changes: Eliminate Site Specific Condition #5,
eliminate Item 026; Item #18 would state: minor site modifications may be permitted as
part of the Design Review Application for this site; that we add These conditions: Item #27
that ali buildings shall be constructed and built with materials that complement elevations
and enhance the entrance corridor to the City, metal buildings shall be prohibited, Item
028 that loading docks and garbage storage shall be out of site from Highway 44; Item #29
that roof mechanical shall be screened, Item #30 any outdoor storage shall be enclosed and
hidden from view. Seconded by Sedlacek. ALL AYE: MOTION CARRIES .....................
D. ZOA-7-01 - (Tree Fund Ordinance No. 381): An Ordinance Of The City Of Eagle, Ada
County, Idaho, Adding Title 8, Chapter 2a, Section 7-Oo3 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. (WEV)
Mayor introduces the issue.
Mayor opens the Public Hearing
Zoning Administrator Vaughan: Provides Council an overview of the Ordinance.
Mayor closes the Public Hearing
Merrill 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 g381 be considered after being read once by title only. Merrill reads Ordinance
#381 by title only. Seconded by Bastian. ALL AYE: MOTION CARRIES .................
Guerber moves that Ordinance 9381 as amended be adopted. Seconded by Merrill.
Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber.' AYE: ALL AYE: MOTION
CARRIES ............................
7. NEW BUSINESS:
A. 01-16-S/01-15-PP-J01-30-PBA - Preliminary Plat for Inaka Subdivision -Stan &
Michelle Ray: Stan and Michelle Ray are requesting preliminary plat approval for Inaka
Subdivision, a 24.33-acre, 2-lot residential subdivision located on the east side of Park Lane
approximately 850-feet south of Homer Road at 4544 Park Lane. This site is located in the
Eagle Area of Impact. (WEV)
Mayor introduces the issue.
Shelly Straight, representing the applicant, on thing that I want to clarify is that it is not 24.33
acres, it is only 13.5 acres and the private road only access one lot not two and everything else
looks good.
Zoning Administrator Vaughan: Everything is good and I will be happy to answer any questions.
Bastian moves to approve 01-16-S/01-15-PR/01-30 PBA Preliminary Plat for Inaka
Subdivision. Seconded by Merrill. ALL AYE: MOTION CARRIES ................
B. LS-4-01- Lot Split - Hazel Gardiner: Hazel Gardiner is requesting approval of a lot split
for the creation of two lots located on the east side of Conover Street at 484 South Conover
Street. (WEV)
Mayor introduces the issue.
Gretchen Lemke, representing the applicant, we have one problem, there is no city water
available but there is a well. General discussion.
General Council discussion.
Merrill moves to approve LS-4-01 Lot Split - Hazel Gardiner with Site Specific Conditions
of Approval; that this application is a hardship case; water is not available to the site and
when water is available these lots will hook up to central water. Seconded by Guerber.
ALL AYE: MOTION CARRIES ..................
C. Appointment to ACHD's Citizen Advisory Task Force,
Mayor introduces the issue.
Discussion on appointment. Council Member Merrill will bring back a recommendation to
Council at the next meeting.
Reports con't:
Zoning Administrators Report: Discussion on the pedestrian bridge at 1st street. General
discussion.
Discussion on the parking lot construction.
8. Executive Session: A. Personnel - I.C., 67-2345(a) or (b); Pending or Threatened
Litigation - I.C., 67-2345(c) and Acquisition of Private Property, I.C. 67-2345(c).
Mayor introduces the issue.
Guerber moves to go into Executive Session for the discussion of personnel, pending or
threatened litigation and acquisition of private property. Seconded by Merrill. Bastian:
AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION
CARRIES .................
Council discusses matters relating to personnel, pending or threatened litigation and acquisition
of private property.
Council leaves Executive Session.
9. AD,JOURNMENT:
Merrill moves to adjourn. Seconded by Sedlacek. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 12:35 p.m.
Respectfully submitted: ~iy..~.a~(~,?
S~N K. MO0~ ~
C~Y CLE~AS~R
AP~OVED:
MAYOR