Minutes - 2002 - City Council - 02/26/2002 - RegularEAGLE CITY COUNCIL
Minutes
February 26, 2002
ORIGINAL
Mayor calls the meeting to order at 6:15 p.m.
6:15 p.m. EXECUTIVE SESSION: Pending or threatened litigation - I.C. 67-2345(f).
Bastian moves to go into Executive Session for the discussion of pending or threatened
litigation. Seconded by Merrill. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber:
AYE: ALL AYE: MOTION CARRIES ..............
Council discusses pending or threatened litigation.
Council leaves Executive Session.
Mayor adjourns the meeting until 7:30 p.m.
PRE-COUNCIL AGENDA:
1. Ada County Sheriff's Office: Sergeant Patrick Calley will present the January monthly
report. Sgt. Calley distributes the January monthly report and discusses the same. There is a
change in the car design. Shows the Council some pictures of the new car design. Distributes
some pictures of an accident on Eagle Road and discusses the accident. Discussion on the extra
patrol in the South Channel area. Discussion on drug activity within the City limits. General
discussion.
2. Linda Butler from the Arts Commission will review current projects. Linda Butler discusses
the proposed current projects. General discussion.
Linda discusses the results from the Eagle Community Survey that was taken at Customer
Appreciation Day. General discussion.
General discussion on a cultural arts center.
3. Krista Ducharme will report on the Eagle Food Bank. Krista distributes information to the
Council and discusses the Eagle Community Charitable Foodbank, Inc. We have also been
working the area senior citizens. We hope to up and going the first of April. General discussion.
4. Mayor and Council's Report: Moved to the end of the Agenda
5. City Clerk/Treasurer Report: Financial reports for December and January distributed.
Discussion on agenda items for the joint meeting with ACHD on March 5, 2002 at 4:00 p.m. at
the Highway District Offices.
Discussion on the time line for the RFQ for the Construction Manager. Special meeting March
19, 2002, at 5:30 to review the proposals. Publish on March 4th and 1 lth with proposals due
March 18th at 5:00 p.m.
6. Zoning Administrator's Report: Moved to the end of the Agenda
7. Engineers Report: Vern Brewer, City Engineer, reports on the cell tower consultant.
8. The footings for the pedestrian bridge are being designed and will be going out for proposals
as soon as the design is complete. I will be getting with Council Member Sedlacek to review the
Water Master Plan with her. Discussion on Plaza Drive.
8. City Attorney Report: Moved to the end of the Agenda
REGULAR COUNCIL AGENDA:
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 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 February 5, 2002 meeting.
C. Minutes of February 12, 2002 meeting.
D. Minutes of February 19, 2002 meeting.
E. DR-81-01 - Common Area Landscaping within Great Sky Subdivision No. 7
- IFI Partners II: 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. ]FI Partners I],
represented by John G. Evans, is requesting design review approval of the
common area landscaping within Great Sky Subdivision No. 7. The 2.98-acre site
is located on the south side of Hill Road approximately 600-feet west of State
Highway 55. (WEV)
F. DR-82-01 - Hilton Garden Inn Hotel within Eagle River Development
(Mixed Use Subdivision No. 2) - Eagle River Hospitality~ 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. Eagle River Hospitality LLC,
represented by Clark Development and The Land Group, is requesting design
review approval to construct a 69,000-square foot hotel building. The 2.96-acre
site is located south of Riverside Drive adjacent to Eagle Road within Eagle River
Development (Lot 6, Block 4, of Mixed Use Subdivision No. 2). (WEV)
G. DR-53-00 - Extension of Time for Jackson Square Professional Office/Retail
Building - Robert DeShazo: 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. Robert
DeShazo, represented by Douglas Landwer, is requesting a six month extension
of time for Jackson Square professional office/retail building. CvVEV)
H. DR-44-00 - Extension of Time for the Common Area Landscaping within
Trolley Square Shopping Center - 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 Ronaid Coulter,
is requesting a six month extension of time for the common area landscaping
within Trolley Square Shopping Center. (WEV)
I. DR-6-01 - Extension of Time for Eagle Towne and Country Center includim,
the Winco Building - Eagle Development 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 action taken by the Design Review Board on
an application being final. Eagle Development Associates LLC, represented by Jeff
Huber, is requesting a one year extension of time for Eagle Towne and Country
Center including the Winco Building. (WEV)
J. Resolution 01-14: A resolution of the Eagle City Council to vacate a ½ street
section of right-of-way together with all utility easements within thc right-of-way
and the adjoining 10-foot wide utility easement abutting said right-of-way from
the final plat of Creighton Heights Subdivision. The 30-foot wide by 600-foot
long (approximate) right-of-way is located on the western boundary line of lot 1,
block 1 of Creighton Heights Subdivision. (WEV)
K. Resolution 02-06: A resolution of the Eagle City Council to vacate the storm
drain easements along the rear lot lines of lots 97, 102, and 110, block 7 of
Lexington Hills Subdivision No. 10. (WEV)
L. Arbor Day Proclamation: Proclamation to declare June 8, 2002 as Arbor Day
in Eagle. (RY)
M. Resolution 02-07: For The Purpose Of Modifying The Eagle City/Library
Personnel Policy. (SKM)
N. Appointment of L,ynne Sedlacek as the City of Eagle Representative on the
Payette River Scenic B,yway Advisory Committee. (LS)
O. Findings of Fact and Conclusions of Law for FPUD-8-01 & FP-22-01 - Final
Development Plan and Final Plat for Brookwood Subdivision No. 5 Aries
Development~ LLC~: 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)
Findings of Fact and Conclusions of Law for 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 fmal 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 comer of State
Highway 55 and Hill Road. (WEV)
Findings of Fact and Conclusions of Law for 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)
City Clerk Moore removes Item g4C and #4M from the Consent Agenda.
Merrill removes Item #4A and g4L from the Consent Agenda.
Bastian moves to approve the amended Consent Agenda. Seconded by Guerber. ALL
AYE: MOTION CARRIES ......................
4A. Claims Against the City.
Merrill: I would like to have the City Attorney and City Clerk review the bills for attorneys from
Moore, Smith, Buxton and Turcke and Givens Pursley in regards to the charges on the water
issues.
Sedlacek moves to pull check no. 9512 and check no. 9520 from the claims against the City
to give the City Clerk and legal council time to review these charges. Seconded by Bastian.
ALL AYE: MOTION CARRIES .......................
Guerber moves to pay the remaining Claims Against the City. Seconded by Sedlacek. ALL
AYE: MOTION CARRIES .................
4C. Minutes of February 12~ 2002 meeting.
City Clerk Moore: I removed the February 12, 2002 minutes from the Consent Agenda, as there
has been a change on Page 6, middle of the page, the following sentence was added "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".
Bastian moves to approve the minutes of the February 12, 2002, as amended. Seconded by
Sedlacek. ALL AYE: MOTION CARRIES .................
L. Arbor Day Proclamation: Proclamation to declare June 8, 2002 as Arbor Day in Eagle.
(RY)
Merrill: Mr. Mayor, I think you should read the Arbor Day Proclamation.
The Mayor reads the Arbor Day Proclamation into the record.
Bastian moves to approve the Arbor Day Proclamation as read by the Mayor. Seconded by
Merrill. ALL AYE: MOTION CARRIES .............
4M. Resolution 02-07: For The Purpose Of Modifying The Eagle CityfLibrary Personnel
Policy. (SKM)
City Clerk Moore: I removed this from the Consent Agenda as there has been a modification to
the Drug-Free Workplace Policy on Page 3, Pre-Employment: the sentence beginning with
applicant, insert: "he or she may be tested"; the sentence beginning with condition of
employment.; at the beginning of the new sentence insert: "If so tested,". I have made these
changes so this section reflects what is in our Personnel Policy.
General Council discussion.
Merrill moves to approve Resolution 02-07. Seconded by Guerber. ALL AYE: MOTION
CARRIES ............
Merrill moves to reconsider the Consent Agenda, by removing Item #4F and approving the
remainder of the Consent Agenda. Seconded by Guerber. ALL AYE: MOTION
CARRIES .....................
Merrill moves to have Item #4F. DR-82-01 Hilton Garden Inn Hotel moved to Item g7C-1.
Seconded by Sedlacek. ALL AYE: MOTION CARRIES ...................
Merrill moves to add to the Agenda under New Business g8D. Chamber of Commerce
Lease Agreement. Seconded by Bastian. ALL AYE: MOTION CARRIES ...................
5. FINAL PLATS: None
6. UNFINISHED BUSINESS:
A. Second Addendum to Agreement to install a Pedestrian Bridge within Drainm,~ Districl
No. 2's Easement: The City Clerk is requesting authorization for Mayor to sign this agreement.
(SKM)
Mayor introduces the issue.
City Attorney Buxton: Provides Council an overview of the Second Addendum. The attorney's
fees for the Drainage District will need to be paid, however, they have not given me a figure as
yet. General discussion.
Sedlacek moves to approve Second Addendum to Agreement to install a Pedestrian Bridge
within Drainage District No. 2's Easement, with a cap of $500 for the payment of the
Drainage Districts attorney's fees. Seconded by Bastian. Discussion. Bastian: AYE;
Sedlacek: AYE; Merrill: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES ...............
B. Appointment to ACHD's Citizen Advisory Task Force. This item was continued from the
February 12, 2002 meeting.
Mayor introduces the issue.
General discussion.
Guerber moves to continue to the March 12, 2002 City Council meeting. Seconded by
Merrill. ALL AYE: MOTION CARRIES ................
C. Mediation of Brighton Corporation Request for Annexation and Request for Rezone:
Discussion on neighborhood meeting and mediation. (SEB)
Mayor introduces the issue.
City Attorney Buxton: Provides Council an overview of the mediation process. We agreed to a
mediation request for this item. One of the issues is regard to the density and the developer is
going to have a meeting with the owner next week in regards to the density. General discussion.
Gary Allen, representing the applicants. Provides Council an overview of the neighborhood
meeting that was held. I just received a letter from some of the neighbors today. We will get
back to your city attorney next week and let her know if this is worth pursuing. General
discussion.
Guerber moves to continue the mediation of Brighton Corporation Request for Annexation
and Request for Rezone to the March 12, 2002 City Council meeting. Seconded by Bastian.
Discussion. ALL AYE: MOTION CARRIES ................
Donna Knittel, 7280 Winward Drive, Meridian, we are part of the Windward Subdivision. We
are not against development but we want to see responsible development. We want our concerns
about our wells and ground water contamination addressed. We were hopeful these would be
addressed at the neighborhood meeting but all we heard from Brighton Corporation was that it
was not economically feasible.
7. PUBLIC HEARINGS:
A. RZ-13-01 - Rezone from A (Agriculture) to R-1 (Residential)- RADA Properties~ LLC:
RADA Properties, represented by Land Consultants, Inc., is requesting a rezone from A
(Agricultural) to R-1 (Residential - one dwelling unit per acre maximum). The 23.46-acre site is
generally located on the southeast comer of Ballantyne Road and Floating Feather Road at 1156
Ballantyne Road. (WEV)
B. PP-12-01 - Lockwood Subdivision - RADA Properties~ LLC: RADA Properties, LLC.,
represented by Land Consultants, Inc., is requesting preliminary plat approval for Lockwood
Subdivision. The 23.46-acre, 28-1ot (22-buildable, 6-common) residential subdivision is
generally located on the southeast comer of Ballantyne Road and Floating Feather Road at 1156
Ballantyne Road. (WEV)
Mayor introduces RZ-10-01 and PP-12-01 (#7A & B). These two items will be heard at the same
time but any motions will be made on the individual items.
Mayor opens the Public Hearing
Mayor swears in Mark Butler.
Mark Butler, representing the applicant, provides an overview of the request for rezone and
preliminary plat approval for the Council. We have made an error, this property will be served
by Eagle Water not United Water. Displays overheads of the project and discusses the same.
General discussion.
Zoning Administrator Vaughan: Displays an overhead of the site plan and provides Council an
overview of the request for rezone and preliminary plat approval. Staff has recommended
approval of the rezone. Planning and Zoning Commission has approved the preliminary plat with
private streets. Discussion on private streets. General discussion.
Mayor swears in Mike Plunkett.
Mike Plunkett, 843 N. Ballantyne, I have property that faces to the west of this project. One of
my concerns is how the landscaping to the street is going to maintained. My other concern is the
water. I heard that the lot on the comer was going to be a park and now I hear that it is not going
to be a park. I also have a concern about the private streets and the maintenance. I'm also
wondering about the sewer placement. I know that there was a path in the original. It looks to
me like everything that cost money has been sidestepped.
Mayor swears in Mike Malterre.
Mike Malterre, 1795 W. Floating Feather Road, I look at the roofs of all of the houses that will
be there. I am concerned about the roads at the aspect that I have to look at them. Sound goes up
and I am going to hear everything. I would like to have cul-de-sacs because it will keep people
moving slowly. I would like to see the trees stay as there are Eagles nesting there. I would like
to see something happen to the ACHD drainage swell. It is a bad choice to put the pathway
along the canal it is really steep. I appreciate the way they have handled this so far.
Mark Butler, representing the applicant, we did not originally propose a park; we did not change
our pathway. Discussion on the private streets and the irrigation. General discussion.
Scott Stanfield, engineer representing the developer. Discusses irrigation issues. The manholes
will be in the pavement. General discussion.
Mayor closes the Public Hearing.
General Council discussion.
Bastian moves to approve RZ-13-01 - Rezone from A (Agriculture) to R-1 (Residential) -
RADA Properties, LLC. Seconded by Sedlacek. Discussion. Bastian amends the motion to
add the condition recommended by the Planning and Zoning Commission: The
nonconforming house located near the corner of Ballantyne Road and Floating Feather
Road shall be removed from the site prior to the City approving the rezone ordinance. To
assure the rezone of this site occurs in a timely fashion, the house shall be removed from
the site within 120-days from the rezone approval date (at which time the ordinance will be
approved and the site will be designated as R-l). If the house is not removed within the 120-
day timeframe, then the rezone approval shah be considered void. Second concurs. ALL
AYE: MOTION CARRIES ...............
General discussion.
Merrill moves to continue PP-12-01 - Lockwood Subdivision and have the developer come
back with a revised plan showing public streets with separated sidewalks, street trees
planted within a 5' planting strip along the subdivision. Seconded by Sedlacek. Discussion.
THREE AYES: ONE NAY: MOTION CARRIES ...................
Further discussion on the project.
Mayor calls a recess at 10:20 p.m.
Mayor reconvenes the meeting at 10:30 p.m.
C. CU-11-01 - Building height exception for a 45-foot hio. h hotel & a 48-foot hio=h chimney-
Eagle River HospitaHt¥~ LLC: Eagle River Hospitality LLC, represented by Bill Clark with
Clark Development, is requesting conditional use approval for a 45-foot high hotel building and a
48-foot high chimney. The height exception (the portion of the building above 35-feet) is for the
purpose of screening mechanical units and the installation of a chimney. The site is generally
located on the southeast comer of Eagle Road and State Highway 44. (WEV)
Mayor introduces the issue.
Mayor opens the Public Hearing
Mayor swears in Bill Clark.
Bill Clark, representing Eagle River Hospitality, a joint venture between Eagle River LLC and
Johnson Hospitality. Displays an overhead of the site plan and discusses the hotel site at Eagle
River.
Mayor swears in Sudi Keiffer.
Judi Keiffer, 405 S. 8th Street, Boise. Displays an overhead of the exterior elevation and
discusses the same.
Mayor swears in Phil Hull.
Phil Hull, The Land Group, displays overheads displaying the hotel in conjunction with the
roadway and the surrounding area. The main reason for the height increase is the meeting and
conference rooms and for the screening of the mechanical. General discussion.
Zoning Administrator Vaughan: I don't have any comments.
Mayor closes the Public Hearing.
Bastian moves to approve CU-11-01 - Building height exception for a 45-foot high hotel &
a 48-foot high chimney - Eagle River Hospitality, LLC. Seconded by Merrill. Discussion.
Bastian amends the motion to add reasons for approval: 1. The portion of the building
above 35-feet is roof area which will be utilized to conceal the HVAC units and will not be
allowed for human occupancy; 2. The hotel building design was previously considered with
the Development Agreement approved for this site; 3. No binding precedent will be set
with this approval - complies with Eagle City Code Section 8-7-3-5 (F). Second concurs.
ALL AYE: MOTION CARRIES ..................
C-I.(4F.) DR-82-01 - Hilton Garden Inn Hotel within Ea~.le River Development (Mixed Use
Subdivision No. 2) - Eagle River Hospitality~ 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. Eagle River Hospitality
LLC, represented by Clark Development and The Land Group, is requesting design review
approval to construct a 69,000-square foot hotel building. The 2.96-acre site is located south of
Riverside Drive adjacent to Eagle Road within Eagle River Development (Lot 6, Block 4, of
Mixed Use Subdivision No. 2). (WEV)
Merrill moves to approve DR-82-01 - Hilton Garden Inn Hotel within Eagle River
Development (Mixed Use Subdivision No. 2) with the Design Review Board Site Specific
and Standard Conditions of Approval. Seconded by Guerber. ALL AYE: MOTION
CARRIES ..................
General discussion on the project.
D. ZOA-8-01 - Zoning Ordinance Amendment - The City of Ea.~le: The City of Eagle is
proposing to amend Eagle City Code Section 9-4-1 to provide for the regulation (including but
not limited to design, location, and maintenance) of pathways within the City. (WEV)
Mayor introduces the issue.
Zoning Administrator Vaughan discusses the Zoning Ordinance Amendment.
Mayor opens the Public Hearing
Mayor closes the Public Hearing
Merrill: This is the first reading of the Zoning Ordinance Amendment. Merrill reads
Zoning Ordinance Amendment by title only.
Zoning Administrator Vaughan will bring the Zoning Ordinance Amendment back to the Council
on March 12, 2002, with the changes proposed tonight.
8. NEW BUSINESS:
A. 01-04-ZOA - Ada County Zoning Ordinance Amendment - ,Jim ,~[ewett: Jim Jewett is
proposing an ordinance amending Ada County Code in part, to add a new base district, R1E
(New Estate Residential) to the list of zoning base districts. (WEV)
Mayor introduces the issue.
Zoning Administrator Vaughan: Provides Council an overview of the proposed ordinance
amending Ada County Code. General discussion.
Jim Jewett, the reason I started this process was that Ada County changed their ordinance and it
only affects Eagle's area of impact. Property owners cannot develop as they could before. We
are asking for the same treatment, as we would get in the City. In Ada County's denial it states
that this does not meet Eagle City comp plan. General discussion.
General Council discussion.
Sedlacck moves to deny 01-04-ZOA - Ada County Zoning Ordinance Amendment an
ordinance amending Ada County Code in part, to add a new base district, R1E (New
Estate Residential) to the list of zoning base districts due to the reason that Ada County
does not need this ordinance amendment. Seconded by Bastian. ALL AYE: MOTION
CARRIES .........
B. Art Education Proiects and Summer 2002: (SKM)
Mayor introduces the issue.
Bastian moves to approve art projects #1, g2 and #3 and the Eagle Fun Days for a total of
$5,357.00. Seconded by Merrill. ALL AYE: MOTION CARRIES ................
C. Sage Priority Development Pro,iects for the City of Eagle: (LS)
Mayor introduces the issue.
Sedlacek: There is too much money in this community to apply for these programs. General
discussion on the projects.
Council concurs to invite Sage to a pre-council meeting.
D. Chamber of Commerce Lease Agreement: (SKM)
Mayor introduces the issue.
Merrill moves to approve the Lease Agreement with Eagle Chamber of Commerce.
Seconded by Sedlacck. Discussion. Bastian: AYE; Merrill: AYE; Sedlacek: AYE;
Gucrber: NAY: THREE AYES: ONE NAY: MOTION CARRIES .................
9. EXECUTIVE SESSION: Acquisition of private property - I.C., 67-2345.
Sedlacek moves to go into Executive Session for the discussion of acquisition of private
property. Seconded by Bastian. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber:
AYE: ALL AYE: MOTION CARRIES .......................
Council discusses acquisition of private property.
Council leaves Executive Session.
Discussion on the ACHD joint meeting.
REPORTS:
4. Mayor and Council's Report:
Mayor: Nancy is being recognized on March 14th by the Girl Scouts. If any one wants to go to
the luncheon let the City Clerk know.
Guerber: Reports on the Eagle Community Foundation meeting.
Sedlacek: Reports on the archway sign.
6. Zoning Administrator's Report: Reports on scheduling a meeting on the impact area with the
City of Boise. General discussion.
8. City Attorney Report: No Report
10. ADJOURNMENT:
Sedlacek moves to adjourn. Seconded by Bastian. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 12:40 p.m.
Respectfully submitted:
Sm,d om IC MOOm
CITY CLERK/TREASURER
MAYOR