Minutes - 2002 - City Council - 04/09/2002 - RegularEAGLE CITY COUNCIL
Minutes
April 9, 2002
PRE-COUNCIL AGENDA 5:30 p.m.- 7:30 p.m.
1. ZGA will give an update on the new city hall project. (5:30 p.m. - 6:30 p.m.) Tom Zabala
and Cathy Sewell from ZGA updated the Council on the City Hall progress. Discussion on
commissioning the city hall. Discussion on the Preliminary Project Budget and the financing.
Council concurs to $4,300,000 as the Preliminary Project Budget figure. Discussion on the
needs assessment. Site placement of the building is discussed. (tape 1 side 2) ZGA will work up
plan #1 for further review next week.
2. ViaTrans - Kelli Fairless will discuss public transportation in the Treasure Valley. (15 min.)
Kelli Fairless distributes information to the Council on public transportation. A Transportation
Development Plan is going to be completed this spring and the implementation of the plan will
be over a period of time. Discussion on what will be in the TDP. General discussion.
3. Sage Community Resources: Leslie Toombs will discuss the 2002-2003 Comprehensive
Economic Development Strategy Plan for Southwest Idaho.(15 min.) Leslie Toombs and Mick
Divin from Sage Community Resources distribute ICDBG Eligible Projects to the Council and
discusses the Eagle projects that are on the list. General discussion. Updating the list of Eagle
Projects will be on the April 26, 2002, City Council agenda.
4. Mayor and Council's Report: Moved to end of Agenda.
5. City Engineer Report: Moved to end of Agenda.
6. City Clerk/Treasurer Report: Moved to end of Agenda.
7. Zoning Administrator's Report: Moved to end of Agenda.
8. City Attorney 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 7:40 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 deternfined 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 March 12, 2002.
C. Minutes of March 21, 2002.
D. Minutes of March 25, 2002.
E. Minutes of March 26, 2002.
F. Minutes of April 2, 2002.
G. National Landscape Architecture Week Proclamation: A proclamation
declaring April 20 -28 Landscape Architecture Week.
H. Municipal Clerks Week Proclamation: A proclamation declaring April 28th
through May 4th Municipal Clerks Week.
I. Findings of Fact and Conclusions of Law for A-7-01 & RZ-12-01 -
Annexation and Rezone from RUT to R-1 and Rezone from A-R to R-1 -
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 ½-mile west of Ballanytne Road at
2800 West State Street. (WEV)
J. Findings of Fact and Conclusions of Law for 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 V2 mile west of Ballanytne Road at 2800 West State Street.
(WEV)
K Findings of Fact and Conclusions of Law for CPA-2-01 from Residential One
to Commercial - Gale and Ann Schenk: Gale and Ann Schenk, represented by
Land Consultants, Inc., is proposing a comprehensive plan amendment to change
the land use designation on the Comprehensive Plan Land Use Map from
Residential One (up to one dwelling unit per acre) to Commercial. The 13.42-
acre site is located on the northeast comer of Linder Road and State Highway
44.(WEV)
Findings of Fact and Conclusions of Law for CPA-3-01 & RZ-14-01 -
Comprehensive Plan Amendment From Residential Two to Mixed Use and
Rezone With Development Agreement From A-R to MU-DA-P - Peter ~l.
Cintorino: Peter J. Cintorino, represented by Land Consultants, Inc., is
requesting a Comprehensive Plan amendment to change the land use designation
on the Comprehensive Plan Land Use Map from Residential Two (up to two
dwelling units per acre) to Mixed Use, and rezone from A-R (Agricultural-
Residential) to MU-DA-P (Mixed Use with Development Agreement - PUD).
The site is located on the west side of Eagle Road approximately 3/4 miles north
of Chinden Boulevard, at 2421 N. Eagle Road. (WEV)
Guerber removes Item #4F from the Consent Agenda and adds as Item #4M. Eagle Fire Station
Design Approval.
Merrill removes Item #4E and #4J from the Consent Agenda.
Sedlacek removes Item #4A from the Consent Agenda.
Guerber moves to approve the amended Consent Agenda. Seconded by Bastian. ALL
AYE: MOTION CARRIES ...........................
4A. Claims Against the City.
Sedlacek: I would like to pull check no. 9776 to Eagle Water Company for payment of an
invoice for the West Entry sign. The City Clerk and myself thought all expenses for the water
had already been paid. The City Clerk is going to check on this.
Sedlacek moves to approve the Claims Against the City minus check no. 9776. Seconded by
Bastian. ALL AYE: MOTION CARRIES ...............
4E. Minutes of March 26, 2002.
Merrill: On the motions that deal with Comp Plan Amendments I would like to see more detail
in the minutes on the Council discussion. We need to have these discussion for future reference.
Merrill moves to continue the Minutes of March 26, 2002, to the April 23, 2002, City
Council meeting. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ...............
4F. Minutes of April 3, 2002.
Guerber: The agenda lists these minutes as April 3, 2002, and the minutes state they are for a
meeting held on April 2, 2002. I am wondering which is the appropriate date.
City Clerk: This was a meeting held on Tuesday, April 2, 2002. The minutes are correct and the
agenda is wrong.
Guerber moves to approve the minutes of April 2, 2002. Seconded by Merrill. ALL AYE:
MOTION CARRIES .................
45. Findings of Fact and Conclusions of Law for 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, 2 l-lot (18-buildable, 3-common) residential subdivision is located north of State
Highway 44, approximately lA mile west of Ballanytne Road at 2800 West State Street. (WEV)
Merrill I move to approve the Findings of Fact and Conclusion of Law for PP-13-01
Countryside West Subdivision with the corrections and clarifications presented by the Staff
tonight on Page 13 of 20 and Page 18 of 20, with the strikethrough and underlines.
Seconded by Sedlacek. Discussion. ALL AYE: MOTION CARRIES .................
4M. Eagle Fire Station Design Approval.
Guerber: I have distributed the architects rendering for the Fire Station screening. The City
Council needs to give official approval so they can begin the process. Color will be similar to
what already exists on the building.
Guerber moves to approve the architectural proposal for the competition of the screening
on the roof of the Eagle Fire Station to the North. Seconded by Merrill. Discussion. ALL
AYE: MOTION CARRIES ...............
5. FINAL PLATS:
A. FP-22-01 - Final Plat for Addie's Corner Subdivision - Northwest Development LLC:
The applicant is requesting final plat approval for Addie's Comer Subdivision, an 19-lot (16-
single-family, 3-common) subdivision. The 5.08-acre residential subdivision is generally located
on the southwest comer of Floating Feather Road and Horseshoe Bend Road at 3065 Floating
Feather Road. The site is within the Eagle City Limits. (WEV)
Mayor introduces the issue.
Kristen VanEnglen, Northwest Development, we are requesting 16 buildable lots and 3 common
lots. Provides Council an overview of the development.
Merrill moves to approve FP-22-01 Final Plat for Addie's Corner Subdivision as presented
tonight. Seconded by Sedlaeek. ALL AYE: MOTION CARRIES ..............
B. FP-2-02 - Final Plat for Great Sky Estates Subdivision No. 7 - ~lohn Evans: The
applicant is requesting final plat approval for Great Sky Estates Subdivision No. 7, an 1 l-lot (5-
residential, 4-commercial, 2-common lot) subdivision. The 2.98-acre site is generally located on
the southwest comer of Hill Road and State Highway 55 approximately 575-feet west of State
Highway 55. The site is within the Eagle City Limits. (WEV)
Mayor introduces the issue.
Merrill: We received a letter from John Evans. Merrill reads Mr. Evans' letter into the record.
Merrill moves to approve FP-2-02 Final Plat for Great Sky Estates Subdivision No. 7.
Seconded by Sedlacek. ALL AYE: MOTION CARRIES ..............
C. FP-5-02 - Final Plat for Cavallo Estates Subdivision - ,~oe Glaisyer/Capitol Securities:
The applicant is requesting final plat approval for Cavallo Estates Subdivision, a 61.94-acre, 30-
lot (29-buildable) residential subdivision generally located on the northwest comer of Floating
Feather Road and North Meridian Road. The site is within the Eagle City Limits.(WEV)
Mayor introduces the issue.
Jane Suggs, Hubble Engineering, discusses the positioning of the lights so headlights would not
shine into existing residences. General discussion.
Bastian moves to approve FP-5-02 Final Plat for Cavallo Estates Subdivision with the
recommendations of Staff. Seconded by Merrill. ALL AYE: MOTION CARRIES ..........
D. FP-6-02 - Final Plat for Autumncrest Subdivision - Pacific Ridge Development Inc.:
The applicant is requesting final plat approval for Autumncrest Subdivision, a 19-lot (19-single-
family) subdivision. The 39.92-acre residential subdivision is generally located on the west side
of Ballantyne Road, approximately lA mile south of Beacon Light Road. The site is within the
Eagle City Limits.(WEV)
Mayor introduces the issue.
Merrill: Discusses the conveyance of the water. I want to make sure the City Engineer looks at
the irrigation water. This needs to be a condition of approval.
Merrill moves to approve FP-6-02 Final Plat for Autumncrest Subdivision with the
following condition of approval for the final plat: that the City Engineer review the final
plat to make sure the engineering for the ditches are compatible and that the water is
conveyed from one location to the other; and that the applicant shall provide surface
irrigation plan prepared a professional engineer registered in the State of Idaho showing
the location of the irrigation laterals on this site (pre-development), and how and where the
laterals provide water to the adjacent properties and showing how the same water will be
delivered to adjacent properties in the same manner (or approved equivalent) post-
development prior to the City signing the final plat. This condition does not provide third
party beneficiary status for enforcement by the City nor does this condition grant the
applicant any right or permit to water rights, nor allow applicant to interfere with the
water rights or the right to delivery of water to adjacent property or affected water users.
This has been approved by the City Attorney and will appear as one of the Site Specific
Conditions of Approval. Seconded by Bastian. Discussion.
Jane Suggs, Hubble Engineering, we don't have a problem with this language. I know the
engineer on the project has been working closing with the neighborhood association to
assure that delivery of irrigation water would be the same. We don't really affect theirs.
The water comes out of box and the location cannot be changed.
Merrill: I understand that the size of the pipe and the location of the pipe one is higher
than the other in the original drawings. Has this been taken care of as far as a 24" pipe, a
12" pipe and how the water is going to get from one location to the next?
Jane Suggs: All of those issues have been taken care of. We have addressed all of the
issues on irrigation on the plans and they have gone to the City Engineer. The City
Engineer will have to approve these before he signs off on the final plat.
ALL AYE: MOTION CARRIES .............................
Merrill moves to amend the Agenda by moving Unfinished Business to the end of the
Agenda after New Business. Seconded by Bastian. ALL AYE: MOTION
CARRIES ..............
6. PUBLIC HEARINGS:
A. VAC-01-02 - Vacation to the final plat of Merrill Subdivision No. 1 and No. 2 - G. L.
Development Co.: G. L. Development Co., represented by Peter Lounsbury with Quadrant
Consulting, is requesting City approval of a vacation to the final plat of Merrill Subdivision No.
1 and No. 2 to remove the utility, drainage and irrigation easements along the side lot lines of
Lots 5, Block 3 (Merrill Subdivision No. 1) and Lots 6 and 7, Block 3, (Merrill Subdivision No.
2) to satisfy multiple lot line adjustments. The utility, drainage and irrigation easement required
for all side lot lines will be satisfied with the creation of new easements along the side lot lines of
each new lot. The site is located on the south side of East Iron Eagle Drive approximately 800-
feet west of State Street.(WEV)
Mayor introduces the issue and opens the Public Hearing.
Mayor swears in Chuck Christenson.
Chuck Christenson, Quadrant Consulting, displays an overhead of the Lot Line Adjustment
Survey and discusses the request for a vacation. General discussion.
Zoning Administrator Vanghan: I concur with the presentation.
Mayor closes the Public Hearing.
Guerber moves to approve VAC-01-02 Vacation to the final plat of Merrill Subdivision No.
1 and No. 2 as proposed. Seconded by Merrill. ALL AYE: MOTION CARRIES .................
B. A-01-02 & RZ-01-02 - Annexation and Rezone from RUT to R-E - F,a~le Family
Worship: Eagle Family Worship, represented by Land Consultants Inc., is requesting an
annexation and rezone from RUT (Rural Urban Transitional) to R-E (Residential Estates - 1
dwelling unit per two acres). The site is located on the northeast comer of Floating Feather Road
and Park Lane at 3838 Floating Feather Road. (WEV)
C. CU-1-02 - Eagle Family Worship Church Facility Height Exceotion Request - Ea~,le
Family Worship: Eagle Family Worship, represented by Land Consultants Inc., is requesting
conditional use approval for a church facility and a height exception to allow a 50-foot high
cross. The site is located on the northeast corner of Floating Feather Road and Park Lane at 3838
Floating Feather Road.(WEV)
Mayor introduces the issue of 7B and 7C, these items will be heard together but motions will be
made on each separate issue.
Mayor opens the Public Hearing.
Shawn Nickel, Land Consultants, ! would like to speak to the Annexation and the subsequent
exception request. Displays a site plan and provides an overview of the project for the Council.
Zoning Administrator Vaughan: ! concur with Mr. Nichols presentation. The concern the staff
has is with the nonconforming building and how accessory structure is defined. General
discussion. (tape 2 side2)
Mayor swears in Dottle Green.
Dottle Green, 1232 N. Park Lane, I live directly across the street from the entrance. I have
several concerns. My first concern is the entrance, which is directly in front of my house. I
already have the traffic from the High School. My other concern is the cross they want to put up
on this building. This would be an extreme eye sore. 30' is one thing but 50' would be a real eye
sore. We have to deal with the school lights from the ball fields and then to deal with additional
lights on a 50' cross with lights is very upsetting.
Mayor swears in Mark Butler.
Mark Butler, 52 N. 2nd Street, I would like to talk about the cross and give you an idea of what
we would like to do with the cross. Displays overheads in regard to the cross and discuss the
cross. General discussion.
Mayor swears in Rusty Huwa.
Rusty Huwa, 1956 N. Trail Creek Way, I am the minister for this church. We have always been
a good neighbor at our locations. Our full intention is to be a good neighbor. We like the idea
being close to the High School. We would like you to approve this and allow us to build.
Whatever the Council decides on the cross is fine.
Mayor swears in Mark Bridgewater.
Mark Bridgewater, 1685 W. Brent, Meridian, ! attend the church. Discusses the times of the
services. We are typically out of church by 12:00 noon on Sunday.
Shawn Nickel discusses the house that is a nonconforming use. We will work with the neighbor
on the location of the road and bring this back to design review. We would like to shift the road
to the West instead of to the East. We could provide additional landscaping to protect the
neighbors view. General discussion.
Mayor closes the Public Hearing.
Council discussion.
Guerber moves to approve A-01-02 & RZ-01-02 with the stipulation that the location of the
driveway be negotiated to the satisfaction of the adjacent landowner, Mrs. Green, and
there is a 5 year limitation for the annex to exist and the findings of the Planning and
Zoning are to be included. Seconded by Bastian. Discussion. Bastian removes his Second.
Seconded by Merrill. Discussion. Guerber moves to amend his motion just to the
Annexation and Rezone. Seconded by Merrill. Discussion. Guerber amends his motion to
approve this annexation and rezone with the stipulation that there is a 5 year limitation for
the annex to exist. Seconded by Bastian. Discussion. ALL AYE: MOTION
CARRIES ..................
Discussion on the next available date for the Conditional Use permit to be heard by Design
Review.
Merrill moves to continue CU-I-02 Eagle Family Worship Church Facility Height
Exception Request to the June 25, 2002, City Council meeting. Seconded by Guerber.
Discussion. Merrill amends the motion to include "The City Council shall continue this
item to June 25, 2002 or until such time that the Design Review Board has reviewed this
item. Second does not concur. Discussion. Merrill amends the motion to continue CU-I-02
to the June 25, 2002, City Council meeting. Seconded by Guerber. Discussion. ALL AYE:
MOTION CARRIES ..................
Council discussion on procedures.
Mayor calls a recess at 9:10 p.m.
Mayor reconvenes at 9:20 p.m.
D. RZ-8-00 MOD - Rezone and Development Agreement Modification - Mercy Housing
Idaho~ Inc.: Mercy Housing Idaho, Inc., represented by Glancey-Rockwell & Associates, is
requesting a change to the rezone and development agreement previously approved by the City
from MU-DA-P (Mixed Use - with development agreement-PUD) to MU-DA (removal of the
PUD) and a change to the concept site plan within the development agreement. The 70-unit
senior housing development (69-multi-family, 1-single-family), 5.44-acre site is located on the
east side of Eagle Road approximately 1,700-feet north of State Street at 544 North Eagle Road.
(WEV)
Mayor introduces the issue and opens the Public Hearing.
Mayor swears in Pete Rockwell.
Pete Rockwell, Glancey-Rockwell, provides Council an overview of the request for rezone and
modification of the Development Agreement and displays a site plan. General discussion.
Zoning Administrator Vaughan: Provides Council with an overview of the request. The total
number of units on this site would be permitted with the modification. Discusses the changes
that the Planning and Zoning has required. Discussion on the removal of the PUD. General
discussion.
Mayor swears in Barry Burnell.
Barry Bumell, 330 Yellow Pine Place, discussion on the rezone in regards to a public water
supply well that is adjacent to the development. Discussion on the storm water retention ponds
and the fill. Discussion on the number of units. General discussion.
Pete Rockwell addresses Mr. Burnell's concerns about the public water supply well, the fill areas
and the storm water retention ponds. General discussion.
Mayor closes the Public Hearing.
Bastian moves to approve RZ-8-00 MOD Rezone and Development Agreement
Modification-Mercy Housing with the following conditions added to the approved
conditions by Planning and Zoning: Page 9 of 11 and 10 of 11: Add gg. The well on lot 1 is
to be officially abandoned; #10. Best management practices on water retention ponds shall
be required; #11. Slopes shall be planted with vegetation to prevent erosion and prevention
of the growth of weeds. Seconded by Merrill. Discussion. Bastian amends the Motion:
Add #12. That the first floor of the elevation of the building abutting the property shall be
the same as the existing two story building. 013. The existing residence on Lot 1 shall
remain a residence and no hazardous materials shall be stored there. Second concurs.
ALL AYE: MOTION CARRIES ...............
Merrill moves to move Item #8C to #8A under New Business. Seconded by Sedlacek. ALL
AYE: MOTION CARRIES .......................
7. NEW BUSINESS:
C. Appeal of the Design Review Board's decision regarding DR-27-01 MOD - Modification
to the Exterior Elevations of Custom Mortgage Building within Rocky Mountain Business
Park - Sarah Hawkes: Sarah Hawkes/Custom Mortgage, represented by George Transtrum with
Heartland Construction, is appealing the Design Review Board's decision of the modified
elevations of the Custom Mortgage building (as shown on the submitted pictures) located within
Rocky Mountain Business Park at 460 South Fitness Place. (WEV)
Mayor introduces the issue.
Sarah Hawkes: I admit that I did not understand the proper procedures. I am requesting some
leniency on a couple of the issues. One issue is the change in the windows. The windows
planned were ugly and I paid additional money to have a different window installed. We
changed the size of the windows by the doors and made the windows smaller. Discussion on the
arch.
Merrill declares ex-parte contact; I looked at the building and had contact with Sarah Hawkes.
City Attorney Buxton: Council Member Merrill do you believe you could render an unbiased
decision in this appeal. Merrill: Yes I do. Attorney: Does the Council have a problem with this
ex-parte contact or would you like Council Member Merrill excused from participating?
Discussion on the ex-parte contact. Merrill: we talked about the windows and the trim, the
workmanship on the building, the arch and the placement of the sign.
Sarah Hawkes: I contacted Nancy just because I knew no one that would give me a straight
answer. I called Nancy and she basically told me the procedure of what I needed to do and the
steps I needed to take. I was not getting straight answers from the representative that I paid.
Zoning Administrator Vaughan: My review of this application was in accordance with Eagle
City Code.
Merrill: I believe the applicant has made an effort to correct some of the problems that were
originally made on the building. The applicant has tried to fix some problems that she didn't
create in the first place.
Bastian moves to approve the appeal of the Design Review Board's decision regarding DR-
27-01 MOD Modification to the Exterior Elevations of Custom Mortgage Building within
Rocky Mountain Business Park. Seconded by Merrill. Discussion. ALL AYE: MOTION
CARRIES ..................
A. 01-09-S/01-09-ZC/01-22-PR/01-05-DA - Rezone with Development Agreement From
RUT (Rural Urban Transition) to R1E (Estate Residential - 1-unit per two acres)~ and
Preliminary Plat for Chester Park Subdivision - ,Jim ,Jewett: Jim Jewett is requesting a
rezone with development agreement from RUT (Rural Urban Transition) to R1E (Estate
Residential) and preliminary plat approval for Chester Park Subdivision, an 18.95-acre, 1 l-lot (9-
buildable, 1-common, 1-private road) residential subdivision located on the east side of Meridian
Road approximately 650-feet south of Beacon Light Road at 2650 North Meridian Road. This
site is located in the Eagle Area of Impact. (WEV)
Mayor introduces the issue.
Zoning Administrator Vaughan: The Planning and Zoning Commission recommended denial of
this application based upon the zoning ordinances amendment the City previously recommended
denial. General discussion.
Merrill moves to deny 01-09-S/01-09-ZC/01-22-PR/01-05-DA Rezone with Development
Agreement From RUT to RIE (Estate Residential-1 unit per two acres); and Preliminary
Plat for Chester Park Subdivision-Jim Jewett. Seconded by Sedlacek. ALL AYE:
MOTION CARRIES .............
B. AA-3-02 - Appeal of Zoning Administrator's decision to not schedule Design Review
Application (DR-80-01 - Nihill Plaza) for review by the Design Review Board - Mark L.
Butler. (WEV) The applicant has withdrawn this appeal.
Mayor: The Applicant has requested withdrawal of this appeal.
8. UNFINISHED BUSINESS:
A. 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) This item was continued from
the March 26, 2002 meeting.
B. Ordinance No. 415: An Ordinance In Accordance With Idaho Code 50-328, 50-329 And 50-
329a Granting A Franchise To Eagle 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) This item
was continued from the March 26, 2002 meeting.
C. 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 Goveming The Exercise Of Said Franchise, And Providing An Effective Date.
(SKM) This item was continued from the March 26, 2002 meeting.
Mayor introduces Ordinance Nos. 414, 415 and 416.
City Attorney Buxton: I am requesting that these Ordinances be tabled. I am going to meet with
the City Clerk on these ordinances and I have not heard back from the PUC. General discussion.
Merrill moves to continue Ordinance Nos. 414, 415 and 416 to the April 23, 2002 City
Council meeting and authorize the City Attorney to write a letter to the PUC as to the
City's intention to adopt these ordinances at our next City Council meeting. Seconded by
Guerber. ALL AYE: MOTION CARRIES ...................
D. Review and discussion regarding the proposed lease agreement for the Ada
County/Eagle Sports Complex. (SKM)
City Attorney: The Contract attached to the Ada County March 12, 2002, letter is not the
contract that I prepared and sent to Ada County. Discusses the changes that Ada County has
proposed and the Ada County Contract that was sent with the letter. General discussion.
Council concurs to have the City Attorney write a response letter to Ada County.
City Attorney will have a draft letter prepared for review at the next City Council meeting.
PRE-COUNCIL REPORTS:
Zoning Administrator: Discussion on aerial photos. The cost would be about $300-$500.
General discussion.
Discussion on the screening of the mechanical at the Camille Beckman facility.
Discussion on the Ranch Building landscaping and the Rocky Mountain Business Park
landscaping. City Attorney will draft a letter to George Transtrum and Reid Merrill Jr. in regards
to the landscaping at the Ranch Building and the Business Park.
City Clerk Report: I have provided you the financial report for February 2002.
The Agreement with Drainage District #2 states that prior to April 30th of each year the City
needs to meet with them to discusses cleaning of the drainage ditch. Council Member Sedlacek
will call the Drainage District #2.
April 29th is the joint meeting with Planning and Zoning and Design Review. Council would
like to meet at 6:30 p.m.
Discussion on a meeting with the State in regards to Eagle Island State Park. Council would like
to meet with the Board at one of their regular meetings.
Guerber: Reports on Air Quality testing program.
Discussion on Heritage City Program. Geneva Trent provides Council with a report on their
progress.
Merrill: Pathway Committee walked the pathway with Elwin this week.
Reports on Merrill Park progress.
There is a tree seminar put on by the Department of Lands in June and a staff member will
attend.
Bastian: Reports on the self-check out at the Library. General discussion.
Sedlacek: I would like the City of Eagle link to the Sewer District web site. Council concurs to
have this link done.
Discussion on the trees along Eagle Road, as they are not line friendly according to Idaho Power.
Idaho Power will assist the City on changing these trees. I have assisted Layne Bryant with
recommendations for committee members. General discussion.
ADJOURNMENT:
Sedlacek moves to adjourn. Seconded by Merrill. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 11:25 p.m.
Respectfully submitted:
CITY CLERK/TREASURER
APPROVED:
MAYOR