Minutes - 2002 - City Council - 04/23/2002 - RegularEAGLE CITY COUNCIL
Minutes
April 23, 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
provides Council an overview of the changes from the last presentation.
Cathy Sewell distributes site plan to Council. Discussion on the changes to the Mayor's office,
interior offices and conference rooms. Discussion on architecture. General discussion on
changing the location of the break room, the staff restrooms and some of the office spaces.
Mayor calls a recess at 6:30 p.m.
Mayor leaves the meeting.
Council President reconvenes at 6:35 p.m.
Council President: Linda Butler with the Eagle Arts Commission will give a presentation to
Council before we continue with the regular Pre-Council Agenda.
Linda Butler, Eagle Arts Commission, displays a sample painting of the mural that is planned for
the Library. The Library didn't want a wall mural so the mural will be done canvass and be in
three pieces. General discussion.
2. Mike Mongelli, Eagle Building Official, will discuss the proposed restroom facility for
Heritage Park. (15 minutes) Mike displays a site plan of Heritage Park and discusses the location
of a restroom. The restroom would need to be 12'x8'. I'm ready to the Request for Proposal as
soon as we identify the location of the restroom. General discussion.
Discussion on Building Permit Revenues.
Discussion on the Complaint's from Feather Nest Subdivision as to the City water system. The
water system is putting out more pressure that the homes plumbing can handle. I spoke with
United Water as to the problem. As the water flows West it gains more pressure. General
discussion.
Vern Brewer, Holladay, we have proposed a pressure zone system in the Water Master Plan that
addresses the pressure release valves. General discussion.
3. Ada County Sheriff's Office will discuss law enforcement contract budget figures for 2002-
2003 fiscal year: Captain Dan Douthit (30 minutes)
Captain Douthit and Sgt. Calley give a power point presentation on the law enforcement contract
budget figures for next fiscal year. Cops grant is being offered again. Eagle is currently at .8
officers per 1,000.
Sedlacek: We are building a new City Hall offering space for a sub-station and secured parking
how is that going affect this contract?
Douthit: When we move into the City Hall facility there would be a reduction in the cost of the
contract. General discussion.
Sgt. Calley: Distributes the monthly report for Council review and a summary of
recommendations for next fiscal years budget.
Sgt. Douthit: Cops grant is available again. The application needs to be done by May. This
would save you $75,000 over a three year period for one officer. General discussion.
4. Ada County Prosecutor's Office will discuss prosecution contract budget figures for 2002-
2003 fiscal year: Jill Longhurst (15 minutes) Jill Longhurst, Deputy Prosecuting Attorney,
distributes copies of the power point presentation to the Council. City work is provided by City
Prosecutors. Eagle handles this with a contract. We are asking for an increase in the contract
price to $12,000 a year. General discussion.
Council President calls a recess at 8:05 p.m.
5. Mayor and Council's Report: Moved to end of agenda
6. City Engineer Report: Moved to end of agenda
7. City Clerk/Treasurer Report: Moved to end of agenda
8. Zoning Administrator's Report: Moved to end of agenda
9. City Attorney Report: Moved to end of agenda
REGULAR COUNCIL AGENDA: 7:30 p.m.
1. CALL TO ORDER: Council President Merrill calls the meeting to order at 8:10 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 Mamh 26, 2002 as amended.
C. Minutes of April 9, 2002.
D. Minutes of April 16, 2002.
E. Motorcycle Awareness Proclamation: A proclamation declaring May 2002
Motorcycle Awareness Month.
F. Fair Housing Month Proclamation: A proclamation declaring the month of
April 2002 as Fair Housing Month.
G. Findings of Fact and Conclusions of Law for RZ-8-00 MOD - Rezone and
Development Agreement Modification - Mercy Housing Idaho~ Inc.: Memy
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)
H. Findings of Fact and Conclusions of Law for A-01-02 & RZ-01-02 -
Annexation and Rezone from RUT to R-E - Eagle 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)
Sedlacek moves to approve the Consent Agenda. Seconded by Guerber. ALL AYE:
MOTION CARRIES ..............
Guerber: I would like to add two items under New Business: 1. City Water System, 2. Closing
date on Oppenheimer Property for the new city hall.
Sedlacek: I would like to add two items under New Business: 1. Review of City burning permits,
2. DR-11-02 Parking Lot and Landscaping within Old Town Square.
Guerber moves to add under New Business as 7A. City Water System, 7B. Closing date on
Oppenheimer Property, 7C. Review of City burning permits, 7D. Dr-Il-02. Seconded by
Sedlaeek. ALL AYE: MOTION CARRIES ................
5. FINAL PLATS:
A. FP-4-02 - Final Plat for Eaglecrest Subdivision No. 2 - Asin Homes: Asin Homes LLC.,
represented by Kent Brown with Briggs Engineering, is requesting final plat approval for
Eaglecrest Subdivision No. 2 (formerly Williamsburg Subdivision), a 29-1ot (26-buildable, 3-
common) residential subdivision. This 5.14-acre phase of Eagle Crest Subdivision is located
approximately ½ mile north of Floating Feather Road, abutting Hwy 55 on the west and
Horseshoe Bend Road on the East. (WEV)
Council President introduces the issue.
Applicant agrees with the conditions of the final plat.
Zoning Administrator Vaughan: Staff has no further presentation.
Kent Brown, Briggs Engineering, discusses of O&M Manual for the procedures on maintaining
the private streets. General discussion.
Vem Brewer, Holladay Engineering, discusses the O&M Manual. General discussion.
Sedlacek moves to approve FP-4-02 Final Plat for Eaglecrest Subdivision No. 2. Seconded
by Bastian. ALL AYE: MOTION CARRIES ...............
B. FPUD-1-02 & FP-3-02- Final Development Plan and Final Plat for RiversEnd No. 1
Subdivision - Howell-Kiser Development Corp.: Howell-Kiser Development Corp.,
represented by Matt Munger with Hubble Engineering, is requesting final development plan and
final plat approval for RiversEnd Subdivision No. 1, a 54-1ot (41-buildable, 13-common)
residential subdivision. This 31.98-acre phase of RiversEnd Subdivision PUD is located between
the North and South Channels of the Boise River approximately ½ -mile east of Eagle Road on
East Island Woods Drive. (WEV)
Council President introduces the issue.
Applicant has no presentation.
Sedlacek: I will vote against this project. I am opposed to building so close to the river.
Bastian: I have some questions on the ponds.
Veto Brewer, Holladay Engineering, discusses the ponds. General discussion.
Matt Munger, Hubble Engineeing, discusses the issue of refreshing the water in the ponds. This
issue is being addressed as we speak. The applicant has brought in a pond expert. It is our
understanding that this issue would be taken care of before signing the final plat. General
discussion.
Munger displays a site plan and discusses the pond and the location oftbe lots next to the river.
General discussion on the flooding when the levy broke.
Bastian moves to approve FPUD-1-02 & FP-3-02 Final Development Plan and Final Plat
for RiversEnd No. Subdivision with a modification to Site Specific Conditions #1: that the
Developer comply with all conditions of the City Engineer and specifically review the
requested refresh rate to make sure the water is fresh in the ponds. Seconded by Guerber.
TWO AYES: ONE NAY: MOTION CARRIES ...................
6. PUBLIC HEARINGS:
A. VAC-02-02 - Vacation to the final plat of Merrill Subdivision No. 2 - Dave Evans
Construction: Dave Evans Construction, represented by Anna Powell with B & A Engineers
Inc., is requesting City approval of a vacation to the final plat of Merrill Subdivision No. 2 to
remove the utility, drainage and irrigation easements along the side lot lines of Lots 13, and/5
and a portion of Lot 14, Block 3, to satisfy a lot line adjustment. The utility, drainage and
irrigation easements required for all side lot lines will be satisfied with the creation of new
easements along the common side lot line of each new lot. The site is located on the west side of
South Fitness Place approximately 140-feet south of East Iron Eagle Drive. (WEV)
Council President introduces the issue and opens the public hearing.
Council President swears in Anna Powell
Anna Powell, B&A Engineers, we agree with all of the conditions of approval. General
discussion.
Sedlacek moves to approve VAC-02-02 Vacation to the final plat of Merrill Subdivision No.
2-Dave Evans Construction presented by Anna Powell with all of the Site Specific
Conditions of Approval and Staff Recommendations. Seconded by Bastian. ALL AYE:
MOTION CARRIES .....................
B. ZOA-1-02 (proposed Ordinance No. 4227 - Zoning Ordinance Amendment - City of
Eagle: An Ordinance For The City Of Eagle, Idaho, Amending Eagle City Code, Title 8
"Zoning", Section 8-1-2 "Rules And Definitions" Amending The "Open Space" Definition And
Adding Definitions For "Restaurant", "Pad-Mounted Mechanicals", And "Roof-Mounted
Mechanicals"; Amending Section 8-2-3 To Allow Banks/Financial Institutions (With Drive-Up
Service) As Conditional Uses Within The C-3 Zone; Amending Section 8-2A-3 To Provide A
Discretionary Authority Clause; Amending Section 8-2a-5 To Require The Finding That Design
Review Applications Must Comply With The City's Comprehensive Plan, And Modifying The
Design Review Overlay Districts And Map (Exhibit A-l), Creating The DSDA New Overlay
Area; Amending Section 8-2A-6 A(5) Adding Screening Requirements For Roof-Mounted
Mechanicals; Amending Section 8-2A-6 (A)(6)(G) Adding Painting Requirements For Roof-
Mounted Mechanicals, Vents, And Similar Features; Adding Section 8-2A-6 (E) Providing
Criteria For The DSDA Overlay Area; Amending Section 8-2a-7 (H) Changing The Term
"Bond" To "Surety"; Amending Section 8-2A-10 (B) Requiring Plans For Screening Roof-
Mounted Mechanicals; Changing Section 8-2A-10 (C) To 8-2A-10 (D) And Adding A New
Subsection (C) To Require Engineered Grading And Drainage Plans; Amending Section 8-2a-18
Changing The Terminology Of "Bonding" To "Surety"; Amending Section 8~2a-19 (B);
Amending Section 8-3-5 (Q) Changing The Term "Bond" To "Surety"; And Amending Section
8-3-6 (E) Changing The Criteria For "Guarantee Of Improvements"; Amending Section 8-4-4-2
(A) Requiring The Illumination Of All Parking Areas; And Providing An Effective Date.
Council President introduces the issue.
Zoning Administrator Vanghan: Provides Council an overview of the proposed changes in the
Zoning Ordinance Amendment. General discussion.
Council President opens the Public Hearing.
Council President closes the Public Hearing.
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 g422 be considered after being read once by title only. Bastian reads Ordinance
#422 by title only. Seconded by Sedlacek. ALL AYE: MOTION CARRIES .................
Bastian moves that Ordinance #422 be adopted as amended. Seconded by Sedlacek.
Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION
CARRIES ....................
7. NEW BUSINESS:
Sedlacek moves to amended the agenda to hear Item #D first. Seconded by Bastian. ALL
AYE: MOTION CARRIES .................
D. Dr-ll-02-Parking Lot and Landscaping within Old Town Square.
Council President introduces the issue.
Mark Butler: Displays a site plan and provides Council an overview. Discusses the lighting.
Butler would like the City to consider changing the lights in the City parking lot. General
discussion.
Displays a copy of the March 29, 2002, letter to the City on burying the telephone line. To bury
the main line is about $6,200. I thought it might be fair that the costs be divided as follows: 1/3
of the cost to the City and 2/3 of the cost to me. I'm sure when the work is done that it will be
come in close to the proposed costs.
Discussion on Butler's parking lot at the comer of 2nd Street and Idaho.
Further discussion on the parking lot lighting.
Bastian moves to continue this matter to the May 14, 2002, City Council meeting.
Seconded by Sedlacek. Discussion. Bastian amends his motion to add: Authorize the
developer to proceed with the construction preparation and to write a letter holding the
City harmless. Second concurs. ALL AYE: MOTION CARRIES ...............
Guerber moves to authorize a payment of an amount up to $2,200 to cover the City's 1/3
portion of burying the cables in front of City Hall. Seconded by Sedlacek. Bastian: AYE;
Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYES: MOTION CARRIES .............
A. City Water System.
Council President introduces the issue.
City Engineer Brewer: discusses the issue of the water pressure into Feather's Nest Subdivision
and the Water Master Plan that Holladay Engineering in reference to the distribution system and
pressure zones. General discussion.
Bastian will be attending the Homeowner's Association meeting.
Council would like Veto to ask United Water to send a representative to this meeting to
addresses this problem.
Council would like Holladay Engineering to represent the City at the meeting.
Further discussion.
B. Closing date on Oppenheimer Property.
Council President introduces the issue.
City Attorney Buxton: The bank markets these types of loans. Bud Way and Jack Coonce have
negotiated a new closing date of May 17, 2002. Bud thinks he will be able to get a better rate.
Bastian moves to amend the agreement to extend the option to purchase the Oppenheimer
property and to change the date in Section #1 of the 2/6/02 signed agreement to from April
30, 2002, to May 17, 2002. Seconded by Sedlacek. Discussion. ALL AYE: MOTION
CARRIES ...............
C. Review of City burning permits.
Council President introduces the issue.
Bastian: Discusses the letter from Linda Boyle in regards to burning permits. General
discussion.
Bastian moves to refer this matter to the Fire Department for their consideration.
Seconded by Guerber. Discussion. ALL AYE: MOTION CARRIES ...............
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 April 9, 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 April 9, 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 Governing The Exercise Of Said Franchise, And Providing An Effective Date.
(SKM) This item was continued from the April 9, 2002 meeting.
Council President introduces the issue.
City Attorney Buxton: I have been unable to meet with the City Clerk and Council Member
Sedlacek so I need additional time.
Bastian moves to continue Ordinance Nos. 414, 415, 416 to the May 14, 2002, City Council
meeting. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ..................
D. Review of response letter to Ada County Commissioners regarding lease of the Ada
County/Eagle Sports Complex.. (SEB)
Council President introduces the issue.
City Attorney Buxton: Discusses the draft letter that has been prepared to send to Ada County.
General discussion. I will make the changes and get the letter to the City Clerk for signatures.
E. Review and comment on Sage Community Resource ICDBG eligible proiects priority
list:
Council President introduces the issue.
General discussion on the Eagle City projects.
Sedlacek moves to have the City Clerk contact Leslie Toombs and tell her that the City will
wait until next year to submit. Seconded by Guerber. ALL AYE: MOTION
CARRIES ...............
F. Discussion on proposed landscaping of the north entry sign:
Council President introduces the issue.
General discussion.
Sedlacek moves to continue this item to the May 14, 2002, City Council meeting to give staff
time to provide Council some costs estimates and to give the City Clerk time to find some
funds in the budget to cover these costs. Seconded by Guerber. ALL AYE: MOTION
CARRIES .....................
9. EXECUTIVE SESSION: A. Personnel Issues: 67-2345
Council does not have an Executive Session.
General discussion on the Cole and Associates bill.
Guerber moves to pay the bill to Cole and Associates. Seconded by Sedlacek. Bastian:
NAY; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: THREE AYES: ONE NAY:
MOTION CARRIES ..................
PRE-COUNCIL REPORTS:
Zoning Administrator's Report: Reports on Camille Beckman and the screening of the
mechanical. General discussion.
City Attorney Report: Discusses the protest filed against United Water. General discussion.
Discussion on the City agreement with United Water on the water system. General discussion.
Discussion on the Chase protest.
City Clerk/Treasurer Report: I have distributed copies of the March financial report.
Discussion on the Tropical Snow Shack. Council concurs that with the construction of the
restroom facility at Heritage Park this spring that there would not be room in the parking lot to
accommodate the Tropical Snow Shack this year. Council directs the City Clerk to call Debbie
Small.
Discussion on Eagle Fun Days. Terri Bath called me and there is going to be a rodeo at the
location by Rocky Mountain Fitness Center where the carnival was scheduled to be. Terri is
wondering if the carnival can be located on the Oppenheimer Property between the Post Office
and Library that the City is purchasing? General Council discussion. Council concurs to grant
permission to use the property as long as the City receives approval from Jack Coonce at
Oppenheimer Development.
Report on Cinco de Mayo Celebration. I have talked to Pastor Dave Collins and Linda Butler
with the Cultural Arts Commission. The costs to put on the celebration are reaching
approximately $1,300 and the Arts Commission has concluded that this is something that should
be incorporated into the cultural arts activities. The Arts Commission is requesting that Council
approve some money from the Cultural Arts Commission budget to cover some of these costs.
General discussion.
Sedlacek moves that the City of Eagle support the Cino de Mayo celebration and the
amount is to be determined by the Cultural Arts Commission to come out of their budget.
Seconded by Bastian. ALL AYE: MOTION CARRIES ...............
Mayor and Council's Report:
Sedlacek: Eagle Sewer District is going to be replacing the line that runs through the alley by the
downtown parking lot and paving the alley.
It looks like we received the grant for Mercy Housing.
Discussion on replacing and moving the trees in OK Park.
Bastian: Discussion on the Library dish.
Library is still looking at automatic checkout and is planning on upgrading some of the
computers.
Guerber: Reports on the Eagle Community Fund. We have four applications.
Air Quality Board did not meet this month.
Mayor, Nancy and I are going to the leadership conference in Sun Valley the end of the month.
Eagle is one of the cities that are being considered for the Heritage City Award.
Merrill: I met today with the people who have purchased the property between the Hotel and
Wild West and they have a contingency on the corner property at Eagle Road and State Street.
General discussion.
Park Committee discussed the Hill Road Park and they would like to work on a Master Plan.
Committee members have walked the pathway and are going to have Holladay give us a proposal
for staking and surveying.
Discussion Eagle Island State Park.
Reports on the meeting with Friends of Eagle Island.
Discussion on the Land & Water Conservation Fund grant application.
Discussion on the new City Code books.
City Attorney: I was notified that Don Copple would be representing Vaughan Olson on the
Wells Property. General discussion.
Discussion on the presentation by the Prosecuting Attorney's presentation tonight.
Discussion on the Buster's Complaint.
City Engineer Report: No Report
10. AD~]'OURNMENT:
Guerber moves to adjourn. Seconded by Sedlacek. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 11:30 p.m.
Respectfully submitted:
SHAI~ON K. MOORE
CITY CLERK/TREASURER
R CK ZAC ,
MAYOR