Minutes - 2002 - City Council - 02/12/2002 - RegularORIGINAL
EAGLE CITY COUNCIL
Minutes
February 12, 2002
PRE-COUNCIL AGENDA 6:30 p.m.- 7:30 p.m.
City Building Official Mongelli: Distributes information to the Council on comparison of
building permits between last year and this year and discusses the same. 28% short fall than
projected in the budget. General discussion.
1. Ada County Sheriffs Office: Sergeant Patrick Calley will present the January monthly
report. Sgt. Calley distributes the monthly report to Council and discusses the same.
2. Scott Nordstrom from the Eagle Planning and Zoning Commission will discuss the cell tower
ordinance, traffic issues and subdivision enforcement issues. Scott Nordstrom discusses the cell
tower Crickett wanted to put and general discussion on cell towers. Would like the City to
become pro-active and decide where the City would like to have cell towers within the City
limits and possibly hire a consultant that could advise the City. General discussion. The City
Engineer will research and have a recommendation for a consultant at the next City Council
meeting.
Discussion on irrigation plans and changing the preliminary plat applications to require an
irrigation plan. General discussion. Would like to see an inspector dedicated to reviewing
subdivisions as they are being developed. Discussion on a public works position within the City.
Discussion on pathways.
3. Mayor and Council's Report: Moved to end of Agenda.
4. City Engineer Report: Vern Brewer provides an update on the Water Master Plan. General
discussion.
Discussion on the Brookwood well.
5. City Clerk/Treasurer Report: Discussion on the "Plant-a~Tree" project. General discussion.
Council concurs to start the program before April.
6. Zoning Administrator's Report: Holladay Engineering will be doing the surveying and
engineering for the Downtown Parking Lot. Hopefully construction will being in 3-4 months.
7. City Attorney Report: Moved to end of 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. 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 Contsent 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 January 22, 2002 meeting.
C. Proclamation to declare February 7th as Idaho State University Day. (RY)
D. Preliminary Plat Extension of Time for Eagle Town and Country
Subdivision {PP-18-00) - Eagle Development Associates LCC: Eagle
Development Associates LLC, represented by Jeff Huber with White Leasure
Development, is requesting a one year extension of time for the preliminary plat
for Eagle Towne & Country Centre, a 14-lot commercial subdivision. The 44.38-
acre site is located on the north side of State Highway 44 between Highway 55
and Horseshoe Bend Road, at 3182 East State Street. The site is within the Eagle
City Limits.
E. Resolution 02-03: A Resolution Of The City Of Eagle, Idaho Adopting The
Federal Emergency Management Agency's Re-Study Of The Boise River And
The Flood Insurance Rate Maps Dated May 24 2001 And The Subsequent Map
Panels To Be Released In February 2002 As The Best Available Data To Manage
The Special Flood Hazard Areas Within The Corporate Limits Of The City, And
Providing An Effective Date. (WEV)
F. Resolution 02-04: A Resolution Of The City Of Eagle, Idaho, Setting Forth A
Policy On The Keeping, Storing And Destroying Of City Records, Proceedings
And Documents Consistent With Idaho Code 50-907. (SKM)
G. Resolution 02-05: Authorizing Destruction of Records. (SKM)
H. Resolution02-01: A Resolution Of The Eagle City Council To Accept An 8-
Foot Wide Permanent Public Easement For Pedestrian Access Lying In A Portion
Of Lot 5 Of Schmelzer Addition Shown On The Attachments Hereto; And
Providing An Effective Date. (WEV)
I. Resolution 02-02: A Resolution Of The Eagle City Council To Accept A 5-Foot
Wide Permanent Public Easement For Pedestrian Access Lying In A Portion Of
Lot 5 Of Schmelzer Addition Shown On The Attachments Hereto; And Providing
An Effective Date. (WEV)
Council Member Sedlacek removes Item #4G and Council Member Guerber removes Item
#4C from the Consent Agenda.
Sedlacek moves to approve the amended Consent Agenda. Seconded by Guerber. ALL
AYE: MOTION CARRIES ...................
4C. Proclamation to declare February 7th as Idaho State University Day. (RY)
Guerber: We are approving this after the fact since it is February 12th today. General discussion.
Merrill moves that in lieu of proclaiming February 7t~ as Idaho State University Day, the
City of Eagle will congratulate Idaho State University on celebrating February 7th as Idaho
State University Day. Seconded by Bastian. ALL AYE: MOTION CARRIES .................
4G. Resolution 02-05: Authorizing Destruction of Records. (SKM)
Sedlacek: I need clarification on the documents being destroyed for 5/~97.
City Clerk Moore: These are documents that are temporary records and can be destroyed after 6
months or one year. General discussion.
Sedlacek moves to approve Resolution 02-05. Seconded by Merrill. ALL AYE: MOTION
CARRIES ..............
Merrill moves to amend the agenda by moving Item #8E to Item 06F. Seconded by
Sedlacek. ALL AYE: MOTION CARRIES .......................
5. FINAL PLATS: NONE
6. UNFINISHED BUSINESS:
A. Appointment to ACHD's Citizen Advisory Task Force. This item was continued from the
January 22, 2002 meeting.
Mayor introduces the issue.
Merrill: I do not have a recommendation. My person will be unable to fill this position.
Merrill moves to continue the appointment to the February 26, 2002 City Council meeting.
Seconded by Guerber. ALL AYE: MOTION CARRIES ..............
B. Discussion of Old Town Eagle Archway sign for Eagle Road. (LS) This item was
continued from the January 22, 2002 meeting.
Mayor introduces the issue.
Sedlacek: I met with the Board of Directors of the Chamber of Commerce to see if they would
be willing to help with the funding of this project. I made a presentation to the Chamber of
Commerce today and I feel that the Chamber of Commerce may be willing to help. I have a call
in to ACHD. General discussion.
Sedlacek moves to continue this matter to the March 12, 2002, City Council meeting.
Seconded by Merrill. ALL AYE: MOTION CARRIES ...................
C. DR-44-00 MOD - Modification to the Drain Ditch within Trolley Square Subdivision -
Coulter Properties 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. Coulter Properties LLC, represented by Ronald Coulter,
is requesting a design review approval for a modification of the landscaping along Hill Road
within Trolley Square Subdivision. The site is located on the north side of State Street
approximately 100-feet east of Palmetto Ave. (WEV) This item was continued from the January
22, 2002 meeting.
Mayor introduces the issue.
Ron Coulter, applicant, we met with the Drainage Ditch and we could not come to an agreement
on the trees. The Corp is not requiring trees. The issue about the trees is between the ditch
district and what we would like to have. We don't know where to go from here. General
discussion.
Merrill: If Drainage District #2 will not allow trees, the City can hardly require the applicant to
put in trees where they won't be allowed to put them. General discussion.
Merrill moves to approve DR-44-00 MOD-Modification to the Drain Ditch within Trolley
Square Subdivision-Coulter Properties LLC with the stipulation that the Developer meet
with a member of the Design Review Board and staff to come with a list of appropriate
plantings for that area. Seconded by Sedlacek. Discussion. ALL AYE: MOTION
CARRIES ...............
D. Notice of award approval for Pedestrian Bridge at the end of 1st Street and Aikens:
(SKM)
Mayor introduces the issue.
City Engineer Brewer: Provides Council an overview of the bid process and bid opening. We
are recommending the award of the bid to Continental Bridge.
Merrill moves to accept the bid of $16,598.00 from Continental Bridge. Seconded by
Sedlacek. Discussion. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL
AYE: MOTION CARRIES ....................
E. Authorization of the notice to proceed (for the Pedestrian Bridge at the end of 1st Street
and Aikens): (SKM)
Mayor introduces the issue.
Bastian moves to approve the Notice to Proceed. Seconded by Sedlacek. ALL AYE:
MOTION CARRIES .....................
F. 8E. Discussion of Plaza Drive Extension: (WEV)
Mayor introduces the issue.
Zoning Administrator Vaughan: Provides Council with an overview of the meeting with ACHD.
General discussion.
Mark Butler, 52 N. 2nd Street, I am representing Mark Nyhill.
Merrill: We cannot talk about any particular project, what we wanted was your ideas on roads at
that location or possible other road locations.
Mark Butler: Provides Council with an overview of how it came about to have roads dedicated
in these locations. General discussion.
Barry Marcus, representing Eagle Gravel and Roman Talbot, my brother, we are working with
ITD on an access point to the by-pass. Eagle Gravel has agreed to pay the cost of that
intersection. ACI-ID has taken the position that if that access point is approved that Plaza Street
would be a collector. If that changes the whole agreement on the intersection changes. ACHD
collects impact fees to buy right of way for collector roads. General discussion.
Guerber moves to direct Legal Council to draft a letter to ACHD in regards to Plaza Street.
Seconded by Merrill. Discussion. ALL AYE: MOTION CARRIES .......................
7. PUBLIC HEARINGS: NONE
8. NEW BUSINESS:
A. FPUD-3-01 & FP-6-01 - Final Development Plan and Final Plat for Picadilly Village
PUD Subdivision - PO Ventures: PO Ventures, represented by Robert C. Unger with Hubble
Engineering, is requesting final development plan and final plat approval for Picadilly Village
PUD, a 19-lot (16-residential, 2-commercial, and 1-common) subdivision. The 6.87-acre site is
located on the southwest corner of State Highway 55 and Hill Road. (WEV)
Mayor introduces the issue.
Robert C. Unger, Hubble Engineering, we agree with Staff Report and Planning and Zoning
recommendations.
Sedlacek: Discussion on the drain. Isn't this the same drain, drain #17, that Trolley Square has
had a problem with?
Unger: We have the approvals from the drainage district.
Sedlacek: I have a question on the Site Specific Conditions in the Findings.
Zoning Administrator Vaughan: Displays overheads and provides Council with an overview of
the project. Staff has recommend approval. Discussion on Drain #17.
Sedlacek moves to approve FPUD-3-01 & FP-6-01 Final Development Plan and Final Plat
for Picadilly Village PUD Subdivision with the Site Specific Conditions of Approval as
listed in the Findings of Fact and Conclusions of Law with the exception that #5 has been
satisfied and strike g9 as written and add the wording: "That East Picadilly Court will not
be required to be stubbed." Seconded by Guerber. Discussion. ALL AYE: MOTION
CARRIES .....................
B. FPUD-7-01 & FP-20-01 - Final Development Plan and Final Plat for Countryside
Estates PUD Subdivision No. 2 - Countryside Estates LLC: Countryside Estates LLC,
represented by Richard Cook with Briggs Engineering, is requesting final development plan and
final plat approval for Countryside Estates Subdivision No. 2, a 38-1ot (30-buildable, 8 common)
residential subdivision. This 20.20-acre phase of Countryside Estates PUD Subdivision is
located near the northwest comer of Ballantyne Road and State Highway 44 (State Street).
(WEV)
Mayor introduces the issue.
Sedlacek: Because my family owns adjacent property I need to step down.
Council Member Sedlacek joins the audience.
Zoning Administrator Vaughan: Displays overheads and provides Council an overview of the
development.
Merrill moves to approve FPUD-7-01 & FP-20-01 Final Development Plan and Final Plat
for Countryside Estates PUD Subdivision No. 2- Countryside Estates LLC with Site
Specific Conditions of Approval and Standard Conditions of Approval. Seconded by
Bastian. Discussion. ALL AYE: MOTION CARRIES ....................
C. FPUD-8-01 & FP-22-01 - Final Development Plan and Final Plat for Brookwood
Subdivision No. 5 - Aries Development~ LLC4 Aries Development, LLC., represented by
Mike Hormaechea, is requesting final development plan and final plat approval for Brookwood
Subdivision Phase 5, a 24-1ot (21-buildable) residential subdivision. This 7.78-acre (approx.)
phase of Brookwood PUD is located on the north side of Floating Feather Road and west of
Feather Nest Estates Subdivision. The site is within the Eagle City Limits. (WEV)
Mayor introduces the issue.
Mike Hormaechea: Provides Council an overview of Phase #5. General discussion.
Zoning Administrator Vaughan: Provides an overview of the project for Council.
Merrill moves to approve FPUD-8-01 & FP-22-01 Final Development Plan and Final Plat
for Brookwood Subdivision NO. 5. Seconded by Guerber. ALL AYE: MOTION
CARRIES ...................
D. AA-l-02 - Appeal of Zoning Administrator's decision to require the replacement of 2
~A-inch caliper deciduous trees to 3-inch caliper deciduous trees pursuant to the desJ.pn
review approval for Oakley Estates Subdivision - Stetson Homes, Inc. (WEV)
Mayor introduces the issue.
Stan Ray, ! am here to appeal the decision that was made by Bill Vaughan. I am assuming
everyone has read my letter. We received preliminary approval of the subdivision. Mr. Vaughan
and another person in the Planning and Zoning Department did an inspection of our subdivision
and noted that some of our trees did not meet City standards. We took back all of the trees that
we could and tried to buy the 3" caliper size which was hard to do in the middle of the summer.
We bought some 4-5 foot trees to offset the smaller trees. ! thought this would be acceptable and
we planted all of the trees. On further inspection we were told that we were not meeting the City
requirements. I thought we could average tree sizes. We were issued one building permit and
when be came in to get another building permit we were denied. We paid the bond that was
required. We are unable to get any further permits until we comply with the tree requirements.
We tried to plant the trees in the winter so we could get building permits. General discussion.
Merrill: I see that there are still 2" caliper trees in the drainage/park area. General discussion.
Discussion on modification of the plan for the drainage/park area.
Bastian moves to approve AA-l-02 Appeal of Zoning Administrator's decision. This appeal was
approved based upon the testimony that all of the trees required meet the standard of 3"
minimum and that any area of the subdivision that was not required, extra landscaping, be
approved as is. Seconded by Merrill. Discussion. TWO AYES; TWO NAYS: MAYOR:NAY:
APPEAL IS DENIED.
Sedlacek moves that due to the fact that the Applicant has bonded sufficiently to cover the
change out that we go ahead and wait until we have good planting weather for applicant to
make the changes and that we not hold up building permits or occupancy. Seconded by
Merrill. ALL AYE: MOTION CARRIES ..................
Discussion on the requirement under the Bond to have a yard light on each light.
Zoning Administrator Vaughan: The yard lights were approved in lieu of streetlights.
Streetlights are public improvement and are required to be bonded for prior to signing the final
plat. General discussion.
Individual yard lights are to be installed on each lot prior to the issuance of an occupancy permit
for the house. A surety for the yard lights is not required.
Mayor calls a recess at 9:50 p.m.
Mayor reconvenes at 10:00 p.m.
E. Discussion of Plaza Drive Extension: (WEV)
Moved to Item #6F.
9. EXECUTIVE SESSION:
A. Acquisition of private property, I.C. 67-2345(c)
Mayor introduces the issue.
Merrill moves to go into Executive Session for the discussion of acquisition of private
property, I.C. 6-2345(c) and personnel. Seconded by Sedlacek. Bastian: AYE; Merrill:
AYE; Sedlacek: AYE; Guerber: NAY: THREE AYES: ONE NAY: MOTION
CARRIES ..................
Council discusses the acquisition of private property and personnel.
Council leaves Executive Session.
Mayor and Council's Report:
Merrill: 1st Street Pedestrian Bridge we will need to allocate $500 to remove a gas valve. Elwin
Butler wanted this brought to the Council attention.
Reports on the annexation legislation.
Bastian: Reports on the progress being made to get the dish at the Library.
Discussion on videos being in competition with local stores.
Discussion on Library Budget.
Mayor: Discussion on the space the Sheriff would occupy at the new City Hall.
City Attorney Report: No Report
10. AD,JOURNMENT:
Bastian moves to adjourn. Seconded by Sedlacek. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 11:20 p.m.
Respectfully submitted:
SHARON K. MOORE
APPROVED:
MAYOR