Minutes - 2002 - City Council - 03/12/2002 - RegularEAGLE CITY COUNCIL
Minutes
March 12, 2002
PRE-COUNCIL AGENDA 6:30 p.m.- 7:30 p.m.
1. Eagle Chamber of Commerce: Teri Bath will discuss the sublease with the Valley Times.
Terri informs the Council that the Chamber of Commerce wants to grant a one year, month to
month, lease to the Valley Times. Valley Times will pay $100 per month as rent. General
discussion.
2. Chuck Lobdell will discuss Eagle Island State Park. Distributes handouts to the Council and
discusses the same. Chuck Lobdell is proposing to be the Parks Director and discusses his
approach to managing the park. General discussion. Council has scheduled a special meeting on
March 21, 2002, at 5:00 p.m. for further discussion on Eagle Island State Park.
3. Public Access Television: Peter Lutze will discuss a possible partnership between the City of
Eagle and Public Access Television. Provides Council an overview of the Public Access
Television. Discussion on where Public Access Television receives their funding. General
discussion.
4. Transportation Connections Projects. (WEV- RY) Zoning Administrator Vaughn displays an
overhead of Transportation Connections and provides Council an overview. General discussion.
5. Status of Destination 2025. (WEV) Zoning Administrator Vaughn provides council an
overview of the Status of Destination 2025. General discussion.
6. Mayor and Council's Report: Moved to end of Agenda
7. City Engineer Report: I have a draft of the irrigation standards requested by Planning and
Zoning. I will meet with Scott Nordstrom and then present the irrigation standards to Council.
I met with Council Member Sedlacek and City Attorney Buxton on the Water Master Plan. I will
be meeting with each of you on an individual basis to go over this plan and thereafter the Water
Master Plan will be presented to Council.
8. City Clerk/Treasurer Report: Moved to end of Agenda
9. Zoning Administrator's Report: Moved to end of Agenda
10. City Attomey Report: Moved to end of Agenda
REGULAR COUNCIL AGENDA: 7:30 p.m.
1. CALL TO ORDER: Mayor Yzaguirre called the meeting to order at 7:30 p.m.
2. ROLL CALL: BASTIAN, MERRILL, SEDLACEK, GUERBER. All present. A
quorum is present.
PLEDGE OF ALLEGIANCE:
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 26, 2002.
C. Minutes of March 5, 2002.
D. Findings of Fact and Conclusions of Law for CU-11-01 - Height Exception
for Hilton Garden Inn Hotel - Eagle River Hospitality LLC: Eagle River
Hospitality LLC, represented by Bill Clark with Clark Development, is
requesting conditional use approval for a 45-foot high hotel building. The height
exception (the portion of the building above 35-feet) is for the purpose of
screening mechanical units and includes the installation of a 48-foot high
chimney. The site is generally located on the southeast comer of Eagle Road and
State Highway 44. (Lot 6, Block 4 of Mixed Use Subdivision #2). (WEV)
E. Industrial Development Corporation Re-Appointment: The Mayor is
requesting Council confirm the re-appointment of Blake Watson to the Board of
Directors for the Industrial Development Corporation. He will be serving a one
year term. (RY)
F. Park and Pathway Development Committee Appointments: The Mayor is
requesting Council confirm the appointment of Chuck Lobdell and Erv Ballou to
the Park and Pathway Development Committee. Mr. Lobdell will be serving a
three year term and Mr. Ballou will be serving a one year term. (RY)
G. Park and Pathway Development Conunittee Re-Appointments: The Mayor
is requesting Council confirm the re-appointment of Mike Hummel (1 year
term), Charles Ferguson (2 year term), Don Stockton (1 year term), and Dan
Torfin (2 year term). (RY)
H. Girl Scout Week Proclamation:
Merrill adds as Item #4H-Gift Scout Week Proclamation and removes Item #4H from the
Consent Agenda to have the Mayor read the Proclamation into the record.
Guerber moves to approve the amended Consent Agenda. Seconded by Sedlacek.
ALL AYE: MOTION CARRIES ....................
4H. Girl Scout Week Proclamation: Mayor reads the proclamation into the record.
Merrill moves to approve the Girl Scout Week Proclamation. Seconded by Guerber: ALL
AYE: MOTION CARRIES ..................
Merrill moves to add the following to New Business: 1. #8H. Chamber of Commerce sub-
lease with the Valley Times; 2. #8I. Funding for Eagle High School Senior Graduating
Party; 3. #8J. Parking at City Hall; 4. #8K. Motion to Change School Site - Compass TIP.
Seconded by Sedlacek. ALL AYE: MOTION CARRIES ........................
Sedlacek moves to rearrange the agenda by moving Item g8B Award of bid for Payette
River Scenic Byway Gateway Project landscaping to Item #6A. Seconded by Merrill. ALL
AYE: MOTION CARRIES ..................
5. FINAL PLATS: None
Page 2
6. UNFINISHED BUSINESS:
~ Award of bid for Payette River Scenic Byway Gateway Pro. iect landscaping. (SKM)
Mayor introduces the issue.
Jack Coonce presents the bid results to the Council. Thc total oftbe base bid from Hillside
Nursery is over $90,000. Hillside will do the project for the remaining funds we have for the
project being $88,470.72. Discusses the items that need to be done on the project.
Bastian moves to approve Hillside Nursery bid for $88,470.72. Seconded by Merrill.
Discussion. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE:
MOTION CARRIES .................
A. 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 corner of Ballantyne Road and Floating Feather Road at 1156
Ballantyne Road. This item was continued from the February 26, 2002 meeting. (WEV)
Mayor introduces the issue.
Mark Butler, Land Consultants, Inc., representing the applicant, displays overheads of the old
plat and the new plat. Discussion on the changes to the private road and Lot gl3.
Merrill: I received a call from a farmer who is farming that crop and his concern is that he will
be either compensated for his crops or be able to harvest the crop. General discussion.
Rick McGrath: There has been discussion on compensation for the crops. We are going to make
sure that we take care of this gentleman. General discussion.
Zoning Administrator Vaughan: Staff has had an opportunity to review this plan. Discussion on
the Site Specific Conditions of Approval as recommended by the Planning and Zoning
Commission. I would like to point out what necessary conditions need to be changed in light of
the changes to the plan. I will mad the changes into the record:
Item g4: Provide a note on the plat stating that the 35' wide buffer area abutting Floating Feather
Road and Ballantyne Road are located within easements to be maintained by the homeowner's
association. Provide a statement on the plat and within the CC&R's that one homeowner's
association in perpetuity shall maintain the buffer areas.
Item g8: Should be stricken as it pertains to private streets.
Item gl0: Should be stricken.
Those are the final changes I noticed regarding private streets and public streets and easements.
General discussion.
Merrill moves to approve PP-12-01 Preliminary Plat of the Lockwood Subdivision with the
Site Specific Conditions of Approval changes as presented by Staff - Change Item #4 to
read: Provide a note on the plat stating that the 35' wide buffer area abutting Floating
Feather Road and Ballantyne Road are located within easements to be maintained by the
homeowner's association. Provide a statement on the plat and within the CC&R's that one
homeowner's association in perpetuity shall maintain the buffer areas. Strike g8 and #10.
Seconded by Bastian. ALL AYE: MOTION CARRIES .................
B. Appointment to ACHD's Citizen Advisory Task Force. This item was continued from the
February 26, 2002 meeting.
Mayor introduces the issue.
Zoning Administrator Vaughan: The Task Force was comprised. The intent was not to
specifically have representation from each community. There have already been two meetings of
the Task Force and they have their at-large representation in place. I would request that this item
be removed from the Agenda.
C. Mediation of Brighton Corporation Request for Annexation and Request for Rezone:
Discussion on neighborhood meeting and mediation. This item was continued from the February
26, 2002 meeting (SEB)
Mayor introduces the issue.
City Attorney Buxton: I believe Mr. Allen has a report.
Gary Allen, representing Brighton Corporation. ! was asked to bring back some new ideas on
this development and we have made some progress. There was a meeting with the property
owners and they have authorized us to keep talking and see what can be done. Three
subdivisions were going to go to their homeowners and designate a representative. We have only
heard from Fox Tail Subdivision. We could reduce the density between one and two acre lots,
perhaps a one and one-half acre average. We would like to do a rural street section in this area
but we will need to discuss this with ACHD. We have had some meetings with consultants on
the sewer, septic and well issues. Discussion on the sewer, septic and well issues. General
discussion.
Council deliberation on mediation.
Gary Allen: I tend to think it is probably appropriate to terminate mediation. General discussion.
City Attorney Buxton: Gary, unless I hear different from you before the next City Council
meeting, I will assume that Brighton Corporation does not want to proceed with mediation.
Bastian moves to withdraw the mediation on the Request For Annexation and Request for
Rezone with the condition that Brighton Corporation has also concluded that mediation
not move forward. Seconded by Merrill. ALL AYE: MOTION CARRIES ................
D. 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: Provides Council with an overview of the progress being made on the archway sign.
General discussion.
Merrill moves to go forward with this project, to get the price for the project and authorize
Council Member Sedlacek to work with the sign people and present the project to the
Design Review staff. Seconded Bastian. ALL AYE: MOTION CARRIES ..............
E. ZOA-8-01 - Zoning Ordinance Amendment - The City of Eagle: 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. Thefirst reading
was done at the February 26, 2002 meeting.(WEV)
Mayor introduces the issue.
Bastian 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 #403 be considered after being read once by title only. Bastian reads Ordinance
g403 by title only. Seconded by Merrill. ALL AYE: MOTION CARRIES .................
Bastian moves that Ordinance g403 be adopted. Seconded by Guerber. Bastian: AYE;
Merrill: AYE; Sedlacek: AYE; Guerber: AYE.' ALL AYE: MOTION
CARRIES ....................
Mayor: I would like a motion to rearrange the agenda and move Item #8A to before the
Item g7. Public Hearings. So moved by Guerber. Seconded by Sedlacek. ALL AYE:
MOTION CARRIES ...............
8A. LS-01-02 - Lot Split - Mercy Housing Idaho: Mercy Housing Idaho, represented by
Glancey-Rockwell & Associates, is requesting approval of a lot split for the creation of two lots
located on the east side of Eagle Road approximately 1/4 mile north of State Street at 544 North
Eagle Road. (WEV)
Mayor introduces the issue.
Bastian moves to approve LS-01-02 Lot Split-Mercy Housing Idaho. Seconded by Merrill.
ALL AYE: MOTION CARRIES ................
Mayor calls a recess at 9:10 p.m.
Mayor reconvenes at 9:15 p.m.
7. PUBLIC HEARINGS:
A. A-7-01 & RZ-12-01 - Annexation and Rezone From RUT to R-1 & Rezone From A-R to R-I
- Capital Development: Capital Development, represented by Steve Arnold with Briggs
Engineering Inc., is requesting an annexation and rezone from RUT (Rural Urban Transitional)
to R-1 (Residential - one dwelling unit per acre maximum) and rezone from A-R (Agricultural-
Residential) to R-1 (Residential - one dwelling unit per acre maximum). The 18.68-acre, site is
generally located north of State Highway 44, approximately V2-mile west of Ballanyme Road at
2800 West State Street. (WEV)
B. PP-13-01 - Countryside West Subdivision - Capital Development: Capital Development,
represented by Steve Arnold with Briggs Engineering Inc., is requesting preliminary plat
approval for Countryside West Subdivision. The 18.68-acre, 21-lot (18-buildable, 3-common)
residential subdivision is located north of State Highway 44, approximately ¥2 mile west of
Ballantyne Road at 2800 West State Street. (WEV)
Mayor introduces the issue. Items #7A and #7B will be heard together and individual motions
will be made.
Mayor opens the Public Hearing
Steve Arnold, Briggs Engineering, representing Capital Development, provides Council an
overview of the application. General discussion.
Zoning Administrator Vaughan: Displays overheads of the project and provides Council an
overview of the application.
Dave Yorgason, Capital Development, discusses the irrigation water issue. The three ditches
across the property will be tiled. Discussion on a school site. General discussion.
Steve Arnold discusses the pathway.
Mayor closes the Public Hearing
General Council discussion.
Merrill moves to approve A-7-01 & RZ-12-01 Annexation and Rezone From RUT to R-1 &
Rezone From A-r to R-1. Seconded by Guerber. ALL AYE: MOTION
CARRIES ....................
Merrill moves to approve PP-13-01 Countryside West Subdivision with the following
conditions: Site Specific Conditions of Approval from P&Z: Item #4 be removed and add
the language that an 15' wide easement be established for a future pathway or sidewalk;
Item #10: curb, gutter and a minimum of 5' wide separated sidewalk on both sides of the
street, with a 5' wide planting strip; Item #11: provide 3" caliber trees along both sides of
the streets in this development in the planting strips and the rest of the language would
remain as is. Seconded by Bastian. Discussion. ALL AYE: MOTION CARRIES .................
8. NEW BUSINESS:
A. LS-01-02 - Lot Split - Mercy Housing Idaho: Mercy Housing Idaho, represented by
Glancey-Rockwell & Associates, is requesting approval of a lot split for the creation of two lots
located on the east side of Eagle Road approximately 1/4 mile north of State Street at 544 North
Eagle Road. (WEV)
MOVED TO BEFORE THE PUBLIC HEARINGS.
B. Award of bid for Payette River Scenic Byway Gateway Proiect landscaping. (SKM)
THIS ITEM HAS BEEN MOVED TO 6A
C. Ordinance No. 418: An Ordinance Of The City Of Eagle, Idaho, Amending Title 1, Chapter
6, Section 1-6-3: Bonds, Eagle City Code, And Providing An Effective Date. (SKM)
Mayor introduces the issue.
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 g418 be considered after being read once by title only. Merrill reads Ordinance
#418 by title only. Seconded by Sedlacek. ALL AYE: MOTION CARRIES .................
Merrill moves that Ordinance #418 be adopted. Seconded by Sedlacek. Bastian: AYE;
Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION
CARRIES ....................
D. Ordinance No. 417: An Ordinance Of The City Of Eagle, Idaho, Amending Title 1, Chapter
7, Section 1-7-la: Depository For City Funds, And Section 1-7-3(B): Warrants, Of Eagle City
Code, And Providing An Effective Date. (SKM)
Mayor introduces the issue.
Guerber 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 g417 be considered after being read once by title only. Guerber
reads Ordinance #417 by title only. Seconded by Merrill. ALL AYE: MOTION
CARRIES .................
Guerber moves that Ordinance #417 be adopted. Seconded by Merrill. Bastian: AYE;
Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION
CARRIES ....................
E. Ordinance No. 416: An Ordinance Of The City Of Eagle, Idaho, Amending Title 6, Chapter
6, Section 6-6-1, Section 6-6-2, Section 6-6-3, Section 6-6-4 Of Eagle City Code, Utility
Operation Franchises, And Providing An Effective Date. (SKM)
F. Ordinance No. 415: An Ordinance In Accordance With Idaho Code 50-328, 50-329 And 50-
329a Granting A Franchise To Eagle Water, A Co~poration, And To Its Successors And Assigns,
To Construct, Maintain And Operate In, Upon And Under The Present And Future Streets,
Highways And Other Public Places Within The Corporate Limits Of The City Of Eagle, Idaho,
Water Utility Property And Facilities For Supplying Water And Water Service To The City, The
Inhabitants Thereof, And Others For A Term Of 20 Years, Including The Nonexclusive Right To
Physically Locate And Maintain Water Lines, Pipes, Equipment Or Other Water Facilities;
Setting Forth An Agreement Not To Compete; Reserving Power Of Eminent Domain; Providing
For The Payment Of Franchise Fees; And Specifying Other Limitations, Terms And Conditions
Governing The Exercise Of Said Franchise, And Providing An Effective Date. (SKM)
G. Ordinance No. 414: An Ordinance In Accordance With Idaho Code 50-328, 50-329 And 50-
329a Granting A Franchise To United Water, A Corporation, And To Its Successors And
Assigns, To Construct, Maintain And Operate In, Upon And Under The Present And Future
Streets, Highways And Other Public Places Within The Corporate Limits Of The City Of Eagle,
Idaho, Water Utility Property And Facilities For Supplying Water And Water Service To The
City, The Inhabitants Thereof, And Others For A Term Of 20 Years, Including The Nonexclusive
Right To Physically Locate And Maintain Water Lines, Pipes, Equipment Or Other Water
Facilities; Setting Forth An Agreement Not To Compete; Reserving Power Of Eminent Domain;
Providing For The Payment Of Franchise Fees; And Specifying Other Limitations, Terms And
Conditions Governing The Exercise Of Said Franchise, And Providing An Effective Date.
(SKM)
Mayor introduces Ordinance No. 416, 415, 414.
City Attorney Buxton: Discusses the changes in Ordinance #414, 415,416. General discussion.
Guerber moves to continue Ordinances #416, 8415, and #414 to the March 26, 2002, City
Council agenda. Seconded by Bastian. ALL AYE: MOTION CARRIES ................
H. Chamber of Commerce sub-lease with the Valley Times:
Mayor introduces the issue.
Merrill moves to approve the Chamber of Commerce request for a sub-lease with the
Valley Times for $100 per month, for a period of one year. Seconded by Sedlacek. ALL
AYE: MOTION ......................
I. Funding for Eagle Hieh School Senior Graduating Party:
Mayor introduces the issue.
Merrill moves to approve $1 per senior graduating student not to exceed $500. Seconded
Sedlacek. ALL AYE: MOTION CARRIES .................
J. Parking at City Hall:
Mayor introduces the issue.
Merrill: Mark Butler wants to present an option for a shared parking between the City and
himself on his property that boarders City Hall property.
Mark Butler: Discusses the option of shared parking. General discussion.
Merrill moves that the City move forward with an agreement with Mark Butler for joint
access and parking on his property and City property. Seconded Guerber. ALL AYE:
MOTION CARRIES ........................
K. Motion to Change School Site - Compass TIP:
Mayor introduces the issue.
Merrill moves to change the recommendation to Compass on the TIP 2025 and the
recommendation would be that on Item #4, located in the vicinity of Ballantyne and
Floating Feather. Seconded by Bastian. ALL AYE: MOTION
CARRIES ........................
PRE-COUNCIL REPORTS:
City Clerk/Treasurer Report: I have provided copies of the following for your information:
Flyer that will be used for the Cinco de Mayo celebration; updated Merrill Park Cost Estimate.
Eagle Fun Day meetings are starting. I need to know if Council is going to contribute $500 to the
Chamber of Commerce again this year? Council concurs to contribute the $500.
Discussion on the Needs Assessment - Space allotted for the City Attorney and the City
Engineer. Council discussion. Council concurs that the City Attorney and City Engineer need to
have some office space in the new city hall building.
Discussion on meeting with ACHD on Plaza Drive.
Zoning Administrator's Report: Discusses the Camille Beckman project; roads and pathways.
Discussion on the Fire Department mechanical screening. General discussion.
Mayor and Council's Report:
Guerber: Air Quality Board meets tomorrow. Reports on the increase in emission tests.
Merrill: The Mayor and ! met with Jim Murray and he will be leaving the Design Review Board
in January. Discussion on how other Design Review Boards operate. Jim is recommending
expanding the board to seven members to include another licensed architect and landscape
architect.
Merrill moves to amend the Design Review Ordinance, Title 2, to expand the Design
Review Board to a seven (7) member board and strive to have the Board consist of 2
licensed architects and 2 licensed landscape architects. Seconded by Guerber. Discussion.
ALL AYE: MOTION CARRIES ..........................
Reports on construction of Merrill Park and the update cost estimate. Discussion on the
preparation of the bid documents.
Hill Road Park: There are two different soccer groups that want to proceed with the Hill Road
Park. They have funding and they want to meet to see what can be done. General discussion.
Fish and Game would like to stock the ponds at the new Merrill Park. They will meet on site
with Clark Development. General discussion.
Reports on annexation legislation.
Merrill moves to have staff change Title 9-2-1 by adding a section that identifies that the
streets shall be designed with separated sidewalks and planting strips for trees. Seconded
by Bastian. ALL AYE: MOTION CARRIES ........
Bastain: The Library Board meeting is going to be next week. Discussion on the screening of
the dish at the Library.
Sedlacek: Discusses a Boise Metro Economic Development Marketing Task Force Study. It is
Terri Bath's intent to target some of these industries. Terri would like Council to have a copy of
this study. General discussion.
Reports on the Idaho Power open house. Council has a copy of the information distributed by
Idaho Power. Discussion on the citizen's task force. General discussion.
City Engineer Report: No report.
City Attorney Report: No report.
9. EXECUTIVE SESSION:
A. Acquisition of private property - I.C. §67-2345(c)
Council does not have an Executive Session.
10. ADJOURNMENT:
Guerber moves to adjourn. Seconded by Bastian. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 11:30 p.m.
Respectfully submitted:
CITY CLERK/TREASURER
APPROVED:
RIC~'YZA(~R~,
MAYOR