Minutes - 2002 - City Council - 05/21/2002 - Regular /
ORI61NAL
EAGLE CITY COUNCIL
Minutes
May 21, 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.) Cathy Sewell
and Tom Zabala present architecture design elements for the exterior of the building. Display a
massy model with different roof designs. General discussion.
2. Ada County Assessor's Office: Bob McQuade will discuss property taxes. Assessment
notices will be sent out next week. Total market value is $1.1 billion, up 14% from last year.
Taxable value is $952 million, up over 13% from last year. The difference is the exemptions.
Parcel count is 6078, up 5.5%. 720 parcels of commercial property, up 9.8% with a market value
of $155 million. New construction value is $111 million, up 7%. Reappraisal area is N. to
Beacon Light, S. to State Street, E. to Horseshoe Bend Road, W. to Meridian Road. Discussion
on water companies being exempt from municipal taxes if the City collects franchise fees.
General discussion. The new City Hall building will be taxed because the City is doing a lease
purchase and is not the owner oftbe property and the building. Further discussion.
3. Joseph W. Borton, with Foley, Freeman, Borton & Stern, representing Eagle Hills Golf
Course and Banbury Meadows Golf Course, will discuss proposed changes to the City's noise
ordinance. Mr. Borton will be at the June 11, 2002, Pre-Council to discuss the changes to
the City's noise ordinance.
4. Mike Mongelli, City Building Official, discusses the restroom at Heritage Park. Displays a
site plan for the restroom at Heritage Park and discusses the same. The restroom will be located
at the southwest corner of the park and would be close to the sewer and water connections, which
are in the alley. The restroom will be built to building code standards. Mike discusses the bid
proposal. General discussion.
5. Ada County Sheriff's Office: Sgt. Patrick Calley will present the monthly report for April.
(10 min.) Distributes the monthly report and discusses the same. General discussion. I have
chosen to test for a Lieutenant position within the Sheriffs Department. I am one of six
candidates. General discussion.
6. Mayor and Council's Report: Moved to the end of the Agenda
7. City Engineer Report: Moved to the end of the Agenda
8. City Clerk/Treasurer Report: Moved to the end of the Agenda
9. Zoning Administrator's Report: Moved to the end of the Agenda
10. City Attorney Report: Moved to the end of the Agenda
REGULAR COUNCIL AGENDA: 7:30 p.m.
1. CALL TO ORDER: Mayor Yzaguirre called the meeting to order at 7:45 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 April 23, 2002.
C. Minutes of April 30, 2002.
D. Open Container Permit: Land Consultants Inc. is requesting an open container
permit for June 7, 2002 to be valid from 4:00 p.m. to 11:00 p.m. The event is to
be located at 52 N. 2ad Street. (SKM)
E. Open Container Permit: Smoky Mountain Pizza & Pasta is requesting an open
container permit for June 8, 2002 to be valid from 11:00 a.m. to 10:00 p.m. The
event is to be located at 34 E. State Street. (SKM)
F. Open Container Permit: daVinci's is requesting an open container permit for
June 8, 2002 to be valid from 9:00 a.m. to 5:00 p.m. The event will be located at
190 E. State Street.(SKM)
G. DR-l-02 - Monument Sign for Pioneer Federal Credit Union - Pioneer
Federal Credit Union: 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. Pioneer
Federal Credit Union, represented by Debbie Anderson with Idaho Electric
Signs, is requesting design review approval of a monument sign for the Pioneer
Federal Credit Union. The site is located on the northeast comer of State Street
and Stierman Way at 560 East State Street. (WEV)
H. DR-7-02 - Perimeter Common Area Landscaping within Ancona Business
Park - Colin Connell: 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. Ancona
Group LLC, represented by Colin Connell, is requesting design review approval
of the perimeter common area landscaping within Ancona Business Park. The
site is located on the southwest comer of State Highway 44 and McGrath Road
approximately ~A mile east of Edgewood Lane. (WEV)
I. DR-10-02 - Concession Building~ Restroom Facilit¥~ and Indoor Batting
Facility at Eagle High School - Eagle High School/Frank Wright: 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 High School, represented by Phil
Liddell and Doug Nichols, is requesting design review approval of a 264-square
foot concession building, a 434-square foot restroom facility, and a 4,576-square
foot indoor batting facility at Eagle High School. The site is located on the east
side of Park Lane approximately ~A-mile north of State Highway 44 at 574 North
Park Lane. (WEV)
J. DR-12-01 - Common Area Landscaping within Once Upon A Subdivision -
Northwest Development 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. Northwest Development LLC, represented by Talena Dovel with The Land
Group, is requesting design review approval of the common area landscaping
within Once Upon A Subdivision. The site is located on the north side of State
Street approximately 285-feet east of Cobblestone Lane at 386 West State Street.
(WEV)
K. DR-13-02 - Four Medical/Professional Office Buildings within Rocky
Mountain Business Park - Dave Evans Construction: 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. Dave Evans Construction, represented by Anna Powell
with B & A Engineers, is requesting design review approval to construct four
medical/professional office buildings totaling 13,885-square feet within Rocky
Mountain Business Park. The site is located north of South Fitness Place and
west of East Iron Eagle Drive at 461 South Fitness Place (Lot 13, Block 3,
Merrill Subdivision No. 2). (WEV)
L. DR-16-02 - Wall Sign for Farm and City Supply - Dr. Carl Woodburn: 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. Dr. Carl Woodburn, represented by
Steve Hoeft with Idaho Electric Signs, is requesting design review approval of a
wall sign for Farm City Supply. The site is located on the northeast corner of
Parkinson Street and State Street at 1043 South Parkinson Street. (WEV)
M. DR-16-02 MOD - Wall Sign for Farm City Supply - Dr. Carl Woodburn:
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. Dr. Carl
Woodburn, represented by Steve Hoeft with Idaho Electric Signs, is requesting a
design review modification to the Farm and City Supply sign application to
construct a non-internally illuminated wall sign on the west elevation of the
building. The site is located on the northeast corner of Parkinson Street and State
Street at 1043 South Parkinson Street. (WEV)
N. DR-17-02 - Monument and Two Wall Signs for Custom Morts, as,e - Sarah
Hawkes/Custom Morts, aee: 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. Sarah Hawkes, represented by George Transtrum with
Heartland Construction, is requesting design review approval of a monument
sign and two wall signs for Custom Mortgage. The site is located on the south
side of South Fitness Place and the north side of State Highway 44 within the
Rocky Mountain Business Park at 460 South Fitness Place. (WEV)
O. DR-20-02 - Monument Sign for RiversEnd Subdivision - Howell - Kiser
Development Group: 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. Howell - Kiser Development Group, represented by Talena Dovel
with The Land Group, is requesting design review approval of a monument sign
within RiversEnd Subdivision. The site is located approximately lA-mile east of
Eagle Road on East Island Woods Drive. (WEV)
P. DR-21-02 - Building Wall Sign for Mom's Caf6 and Espresso - Connie and
,John Cruickshank: 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. Connie and John Cmickshank, represented by Young Electric Sign
Company, is requesting design review approval to construct an internally
illuminated building wall sign for Mom's Caf6 and Espresso within the Eagle
Pavilion Shopping Center. The site is located on the northeast comer of Eagle
Road and State Highway 44 within the multi-tenant building at 360 South Eagle
Road. (WEV)
Q. DR-22-02 - Affordable Older Persons Apartment Facility - Mercy Housing
Idaho Inc.: 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.
Mercy Housing Idaho Inc., represented by Pete Rockwell with Glancey -
Rockwell and Associates, is requesting design review approval to construct a
42,045-square foot building and convert an existing 12,000-square foot building
into a 49-unit affordable apartment facility for older persons housing. The 4.43-
acre site is located on the east side of Eagle Road approximately 1,760-feet north
of State Street at 544 North Eagle Road. (WEV)
R. DR-23-02 - Monument Sign and Flag Pole for the Professional Office
Building within Casa Escuela Subdivision - Robnett Construction: Per City
Council request, all design review applications are to be appealed by the Zoning
Adtninistrator to the City Council for their review prior to the action taken by
the Design Review Board on an application being final. Shannon Robnett,
represented by Mike Robnett, is requesting design review approval to construct a
monument sign and a 25-foot high flag pole for the Professional Office Building
within Casa Escuela Subdivision. The site is located on the east side of South
Academy Avenue approximately 70-feet north of State Street at 280 South
Academy Avenue. (WEV)
S. DR-25-02 - Public Parking Lot - The City of Eagle: 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, he City of Eagle is requesting design review
approval to construct a public parking lot. The site is located on the southwest
comer of Idaho Street and lst Street at 97 East Idaho Street. (WEV)
T. Findings of Fact and Conclusions of Law for 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 No~th and South Channels of the Boise
River approximately V: -mile east of Eagle Road on East Island Woods Drive.
(WEV)
U. Open Container Permit: Larr~ Steach and Patricia Okerlund are requesting an
open container permit for July 26, 2002 from 7:00 p.m. to 10:00 p.m. The event
is to be located in Heritage Park. (SKM)
V. Minutes of May lfi~ 2002.
W. Open Container Permit: The Eagle Fire Department is requesting an open
container permit on June 8, 2002 from 5:00 p.m. to 11:00 p.m. This event is to
be held in the vacant lot to the east of the Eagle Forum building. (SKM)
X. Design Review Board Bylaws: Review and approval of the Design Review
Board bylaws. (WEV)
Y. Open Container Permit: The Eagle Rodeo Committee is requesting an open
container permit on June 7-8, 2002 from 1:00 p.m. to 9:30 p.m. This event will
be held behind Rocky Mountain Fitness Center. (SKM)
Z. Request for Quotation for the restroom at Heritage Park.
Merrill moves to remove from the Consent Agenda Items #G, I, J, K, N, S and T and to add
to the Consent Agenda as Item #Z the Request for Quotation for the restroom at Heritage
Park and to approve the amended Consent Agenda. Seconded by Guerber. Bastian: AYE;
Merrill: AYE; Sedlacek.' AYE; Guerber: AYE: ALL AYE: MOTION
CARRIES ...................
4G. DR-l-02 - Monument Sign for Pioneer Federal Credit Union - Pioneer Federal Credit
Union: 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. Pioneer Federal Credit Union, represented by Debbie Anderson with
Idaho Electric Signs, is requesting design review approval of a monument sign for the Pioneer
Federal Credit Union. The site is located on the northeast comer of State Street and Stierman
Way at 560 East State Street. (WEV)
Mayor introduces the issue.
Debbie Anderson, Idaho Electric Sign, we asked this to be removed from the Consent Agenda
because we don't understand a condition of the Design Review. Pioneer Federal Credit Union
has agreed to most of the requests. The Design Review Board wants their sign not to have the
services provided on the sign. General discussion.
Merrill moves to approve DR-l-02 Monument Sign for Pioneer Federal Credit Union
deleting Item #4. Seconded by Guerber. ALL AYE: MOTION CARRIES ...................
41. DR-10-02 - Concession Building, Restroom Facility, and Indoor Batting Facility at
Eagle High School - Eagle High School/Frank Wright: 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 High School,
represented by Phil Liddell and Doug Nichols, is requesting design review approval of a 264-
square foot concession building, a 434-square foot restroom facility, and a 4,576-square foot
indoor batting facility at Eagle High School. The site is located on the east side of Park Lane
approximately 1A-mile north of State Highway 44 at 574 North Park Lane. (WEV)
Merrill: I removed this from the consent agenda because I am concerned about the trees. The
school is being allowed to put in 2" caliber trees and requesting that City Tree Fund pay for the
trees. General discussion.
Merrill moves to approve DR-10-2 Concession Building, Restroom Facility, and Indoor
Batting Facility at Eagle High School with 3" caliper trees instead of 2" caliper trees, said
trees to be paid for by Eagle High School and eliminating Item g4 on Page 9 of 10.
Seconded by Sedlacek. Discussion. ALL AYE: MOTION CARRIES ...............
4J. DR-12-01 - Common Area Landscaping within Once Upon A Subdivision - Northwest
Development 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. Northwest Development LLC, represented by Talena Dovel
with The Land Group, is requesting design review approval of the common area landscaping
within Once Upon A Subdivision. The site is located on the north side of State Street
approximately 285-feet east of Cobblestone Lane at 386 West State Street. (WEV)
Merrill: The Zoning Administrator has asked us to remove this item. On Page 6 of the Site
Specific Conditions the Design Review Board eliminated a Council condition. I would also like
to discuss drainage.
Mike Munger, representing the applicant. I would like to have Council's consideration on #13 on
Page 7 of 11 of the Findings of Fact and Conclusions of Law. Applicant would request a 4' side
sidewalk, which is the standard required by ACHD. Discussion on the entrance road. ACI-[D is
requiring a 37' wide roadway. The developer would like to have a finished look roadway instead
of waiting until the neighboring property is developed. General discussion. Discussion on the
drainage ditch. The ditch is on the townhouse property and the townhouse property owners are
claiming an easement on our property.
Merrill moves to table this item until the City Attorney can advise the Council later in the
Agenda. Seconded by Guerber. ALL AYE: MOTION CARRIES ...............
4K. DR-13-02 - Four Medical/Professional Office Buildings within Rocky Mountain
Business Park - Dave Evans Construction: 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. Dave Evans Construction,
represented by Anna Powell with B & A Engineers, is requesting design review approval to
construct four medical/professional office buildings totaling 13,885-square feet within Rocky
Mountain Business Park. The site is located north of South Fitness Place and west of East Iron
Eagle Drive at 461 South Fitness Place (Lot 13, Block 3, Me,rill Subdivision No. 2). (WEV)
Mayor introduces the issue.
Merrill: Page l0 of 14, Item#12 states: no rooftop mechanical equipment is proposed on the
surface of the roof. In several of these other applications we've seen tonight in which that
language is there the additional language is: none shall be allowed. I would like to add this
language to Item #12.
Merrill moves to change Item #12 on Page 10 of 14 which shall state: "no rooftop
mechanical equipment is proposed on the surface of the roof and therefore none shall be
allowed". The rest of the sentence remains the same. Seconded by Sedlacek. ALL AYE:
MOTION CARRIES ................
Merrill moves to approve DR-13-02 Four Medical/Professional Office Buildings within
Rocky Mountain Business Park with the condition previously approved. Seconded by
Sedlacek. ALL AYE: MOTION CARRIES ...................
4N. DR-17-02 - Monument and Two Wall Signs for Custom Mortgage - Sarah
Hawkes/Custom Mortgage: 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. Sarah Hawkes,
represented by George Transtrum with Heartland Construction, is requesting design
review approval of a monument sign and two wall signs for Custom Mortgage. The site is
located on the south side of South Fitness Place and the north side of State Highway 44
within the Rocky Mountain Business Park at 460 South Fitness Place. (WEV)
Mayor introduces the issue.
Merrill: Design Review has removed the service information from the monument sign and the
applicant is asking that this information be placed back on the monument sign. The City does
not regulate what information can be on the monument sign. General discussion.
Merrill moves to approve DR-17-02 and omit Item #10 from the Site Specific Conditions of
Approval. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ..............
Merrill moves to hear 4.S DR-25-02 Public Parking Lot - The City of Eagle after 6.A.
Seconded by Guerber. ALL AYE: MOTION CARRIES .................
4T. Findings of Fact and Conclusions of Law for FPUD-I-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)
Mayor introduces the issue.
Merrill: My concern is the language in the conditions of the CC&R's, Item #8 on Page 3 of 4
which says: "Unless and until subsequent phases of the subdivision are built, and built as
currently planned, (which Declarant has no duty or obligation to do) there is no access, nor any
easements, from this subdivision to either the North or South Channel of the Boise River." Staff
was going to clarify this for us tonight.
Zoning Administrator Vaughan: This condition related to language in the CC&R's. Staff added
the underlined language so the reader would know that at some time there would be access.
There are conditions scatter throughout the Preliminary Plat, Conditions of Approval, that do
require access to the North and South Channel of the river. This condition only relates to this
phase. Conditions on the Preliminary Plat were clear that upon the Phase that developed
adjacent to the river that access shall be provided at that point.
Council general discussion.
Bastian moves to table FPUD-1-02 & FPo3-02 until the City Attorney has time confer with
Jim Kiser and bring back this item back before the Council tonight. Seconded by Merrill.
ALL AYE: MOTION CARRIES ..............
4J. DR-12-01 - Common Area Landscaping within Once Upon A Subdivision - Northwest
Development 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. Northwest Development LLC, represented by Talena Dovel
with The Land Group, is requesting design review approval of the common area landscaping
within Once Upon A Subdivision. The site is located on the north side of State Street
approximately 285-feet east of Cobblestone Lane at 386 West State Street. (WEV)
I have reviewed the letters from Mr. Gass. The concern of Mr. Gass is partially right. (Reads
Idaho Code Chapter pertaining to ditch company easements for maintenance.) Basically he is
alleging he has 20' right-of-way on each side but we know of no written easements. It is my
opinion that the parties will have to resolve this issue between themselves. The City shouldn't be
involved in this issue. It is likely that there is an easement on both sides of the property. I don't
want the City to be the arbiter as to how wide that may be or how reasonable that may or may not
be. The City needs to approve this contingent upon the two parties getting together and resolving
this issue.
Merrill moves to approve DR-12-01 Common Area Landscaping within Once Upon A
Subdivision with Site Specific Conditions of Approval of Design Review with the following
changes: 1. Item g2 provide a revised landscape plan for the 3 Yz' wide landscape strip on
the West Side of Story Brook Way. The revised landscape plan shall show all existing trees
within the 3 Vz' wide landscape strip and the new trees shall be spaced in relation to the
existing trees. The revised landscape plan shall be reviewed by Staff prior to the City
Clerk signing the Final Plat and an arborist report shall accompany the revised plan
addressing the size, quality and value of the existing trees so the City can make a
determination on the replacement of the trees to be removed; Item #3 that was deleted by
Design Review will be put back in; Item #13 shall read: that the revised landscape plan
showing a 5' wide landscape strip planted with street trees in front of each lot generally
located on each side lot lines between the back of curb and the four foot (4') wide sidewalk,
the rest of the sentence remains the same. Seconded by Bastian. ALL AYE: MOTION
CARRIES .......................
Mayor calls a recess at 8:45 p.m.
Mayor reconvenes at 9:00 p.m.
Merrill moves to move Item 07G to be heard next. Seconded by Sedlacek. ALL AYE:
MOTION CARRIES ............
7G. Discussion of a proposed Farmers Market to be sponsored by the Eagle Cultural Arts
Commission.
Mayor introduces the issue.
Linda Butler: Discusses the May 17, 2002 Memo, Eagle Arts Commission Budget 2001/2002.
General discussion on the items in the budget.
Merrill moves to approve the additional $900 for expenses for Eagle Fun Days. Seconded
by Sedlacek. ALL AYE: MOTION CARRIES .................
Merrill moves to hear item 7F next. Seconded by Sedlacek. ALL AYE: MOTION
CARRIES ..................
7F. DR-l-99 MOD - Modifications to the Exterior Building Elevations of the Ranch
Building - Heartland Construction: Heartland Construction, represented by George Transtrum,
is requesting a design review modification to the Ranch Building. This modification includes
changing the exterior colors, the addition of windows and doors to the building elevations, and
includes reviewing the elevations of the pump house. The site is located on the south side of
State Street at 1121 East State Street within the Rocky Mountain Business Park. (WEV)
Mayor introduces the issue.
Zoning Administrator Vaughan: Provides Council an overview of the history of the project and
discussion on the items that were completed but not in compliance with Design Review Findings
of Fact and Conclusions of Law. General discussion.
George Transtrum, Heartland Construction, there are three items that need to be completed on
the MOA. We have received extensions. The three items are: connect the Ranch Building to
sewer, complete the Design Review requirements, complete the site and building improvements
for the Ranch Building. I don't see anything in the MOA that says finish the landscaping.
General discussion on the items that have not been completed. We have provided a $25,000 cash
bond to the City for the completion of the landscaping and the design is under way. I am asking
for a TCO and for 60 days to complete the items.
Discussion on occupancy of the building without a temporary occupancy permit and general
discussion on completion of the Ranch Building.
Merrill moves to not issue any occupancy permits on DR-l-99 MOD Modifications to the
Exterior Building Elevations of the Ranch Building until the 13 items listed on the Inter
Office memo from Barbara Cerda to William E. Vaughan, including Site Specific
Conditions of Approval for the Design Review Board have been met and at that time a
Temporary Occupancy Permit will be allowed with an additional 30 days to complete the
installation and completion of the landscaping on State Street. At the end of 30 days the
City will cash the surety and complete the landscaping. Discussion. Merrill amends the
Motion that Item $$6 on the list be extended to 90 days for final occupancy at which time if
it is not completed the City would install the landscaping. Discussion. Merrill amends the
motion to state that the completion of the landscaping shall be done by August 1, 2002.
Discussion. Merrill amends the motion add: Any other conditions that the Staff upon their
further review find are not complete per approval of the Design Review Board, the City
Council, and all of the Site Specific and Standard Conditions of Approval that have been
adopted. Seconded by Bastian. Discussion. ALL AYE: MOTION CARRIES .................
4T. Findings of Fact and Conclusions of Law for 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)
City Attorney Buxton: Mr. Kiser is willing to delete the first sentence of Section 4.6.14 and is in
agreement with the change in #8 on Page 3 of 4. General discussion on the pathway. Item # 13
Page 3 of 4. These are standard setbacks. General discussion on the setbacks.
Merrill moves to approve the Findings of Facts and Conclusions of Law for FPUD-1-02 &
FP-3-02 with the Site Specific and Standard Conditions of Approvals removing the
sentence in Item g8 that begins with "Unless" and #13 shall read" Setbacks for phase one
shall be as follows: 10-foot side setback for one story dwellings/15-foot setback for the
second story of two-story dwellings and including the remainder of the setbacks as included
in the condition. Seconded by Bastian. Discussion. THREE AYE: ONE NAY
(SEDLACEK). MOTION CARRIES .................
5. FINAL PLATS: None
6. PUBLIC HEARINGS:
A. CU-2-02 - Public Parking Lot - City of Eagle: The City of Eagle is requesting conditional
use approval for the construction of a 20-space public parking lot. The site is located on the
southwest corner of Idaho Street and 1st Street at 97 East Idaho Street. (WEV)
Mayor introduces the issue and opens the Public Hearing.
Zoning Administrator Vaughan. Provides Council an overview of the project. Displays a
site plan. General discussion.
Mayor closes the Public Hearing
Merrill moves to approve CU-2-02 Public Parking Lot - City of Eagle. Seconded by
Sedlacek. Discussion. ALL AYE: MOTION CARRIES ...............
4S. DR-25-02 - Public Parking Lot - The City of Eagle: 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. The City of Eagle is requesting design review approval to construct
a public parking lot. The site is located on the southwest corner of Idaho Street and 1st
Street at 97 East Idaho Street. (WEV)
Mayor introduces the issue.
Merrill moves to approve DR-25-02. Seconded by Sedlacek. ALL AYE: MOTION
CARRIES ........
B. ZOA-2-02 (Proposed Ordinance No. 420) - City of Eagle: An ordinance of the City of
Eagle, Ada County Idaho, amending Eagle City Code Title 9 "Subdivisions", Chapter 4
"Required Improvements", Section 1-6 (F) "Sidewalk Design"; Amending Section 1-12
"Greenbelt Areas, Landscape Screening"; amending Section 2-2 "Guarantee Of Improvements"
and providing an effective date. (WEV)
Mayor introduces the issue and opens the Public Hearing.
Zoning Administrator Vaughan: Provides Council an overview of the ordinance amendment. I
would like to add additional language to the ordinance amendment on Page 2 of 4 Section 2, 9-4-
1-12. Add the word collector to minor arterials and freeways. General discussion.
Mayor closes the Public Hearing.
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 #420 be considered after being read once by title only with the amended changes
in 9-1-12. Merrill reads Ordinance g420 by title only. Seconded by Sedlacek. ALL AYE:
MOTION CARRIES ................
Merrill moves that Ordinance g420 be adopted. Seconded by Sedlacek. Bastian: AYE;
Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION
CARRIES ...............
7. NEW BUSINESS:
A. Proposed Ordinance No. 421 - Changing the official City newspaper to the Valley
TImes - City of Eagle: An ordinance amending Title 1, Chapter 11, of the Eagle City Code
designating Valley Times as the official newspaper of the City of Eagle. (SKM)
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 g421 be considered after being read once by title only. Bastian reads Ordinance
#421 by title only. Seconded by Merrill. ALL AYE: MOTION CARRIES ................
Bastian moves that Ordinance #421 be adopted. Seconded by Sedlacek. Bastian: AYE;
Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION
CARRIES .......................
B. Resolution 02-08: A Resolution Of The City Of Eagle, Ada County, Idaho, Approving The
Execution Of A Municipal Lease Purchase Agreement And An Assignment Of Option
Agreement, Between The City Of Eagle And Wells Fargo Brokerage Services, LLC; Authorizing
The Mayor And City Clerk To Execute And Attest The Municipal Lease Purchase Agreement
And The Assignment Of Option Agreement; And Providing An Effective Date. (SEB)
Mayor introduces the issue.
City Attorney Buxton: This was on the Agenda as I thought the closing would take place on the
17th of May. The closing is now scheduled for June 14, 2002. General discussion.
Sedlacek moves to continue this item to the May 30, 2002, special meeting. Seconded by
Merrill. ALL AYE: MOTION CARRIES ....................
C. Proposed Ordinance No. 423: An Ordinance Changing The Zoning Classification Of The
Real Property Described Herein From A (Agricultural) Classification To R-1 (Residential- One
Dwelling Unit Per Acre) Classification; Amending The Zoning Map Of The City Of Eagle To
Reflect Said Change; And Providing An Effective Date.(WEV)
Mayor introduces the issue.
Guerber moves, pursuant to Idaho Code, Section 50-902, that the rule requiting
Ordinances to be read on three different days with one reading to be in full be dispensed
with, and that Ordinance #423 be considered after being read once by title only. Mayor
read Ordinance g423 by title only. Seconded by Sedlaeek. ALL AYE: MOTION
CARRIES .................
Guerber moves that Ordinance #423 be adopted. Seconded by Sedlaeek. Bastian: AYE;
Merrill: AYE; Sedlaeek: AYE; Guerber: AYE: ALL AYE: MOTION
CARRIES .......................
General discussion on the water company that will service this area.
D. Proposed Ordinance No. 425: An Ordinance Changing The Zoning Classification Of The
Real Property Described Herein From R-4 (Residential - Four Units Per Acre Maximum)
Classification To Mu-Da-P (Mixed Use With Development Agreement And Planned Unit
Development) Classification; Amending The Zoning Map Of The City Of Eagle To Reflect Said
Change; And Providing An Effective Date. (WEV)
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 g425 be considered after being read once by title only. Guerber
reads Ordinance #425 by title only. Seconded by Bastian. ALL AYE: MOTION
CARRIES .................
Guerber moves that Ordinance #425 be adopted. Seconded by Merrill. Bastian: AYE;
Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION
CARRIES .......................
E. Proposed Ordinance No. 426: An Ordinance Annexing Certain Real Property Situated In
The Unincorporated Area Of Ada County, Idaho, And Contiguous To The Corporate Limits Of
The City Of Eagle, To The City Of Eagle, Idaho; Establishing The Zoning Classification Of Said
Real Property; Changing The Zoning Classification Of The Real Property Described Herein;
Amending The Zoning Map Of The City Of Eagle To Reflect Said Changes; Directing That
Copies Of This Ordinance Be Filed As Provided By Law; And Providing An Effective Date.
(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 #426 be considered after being read once by title only. Bastian reads Ordinance
#426 by title only. Seconded by Sedlacek. ALL AYE: MOTION CARRIES .................
Bastlan moves that Ordinance g426 be adopted. Seconded by Sedlacek. Bastian: AYE;
Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION
CARRIES .......................
F. DR-l-99 MOD - Modifications to the Exterior Building Elevations of the Ranch
Building - Heartland Construction: Heartland Construction, represented by George Transtrum,
is requesting a design review modification to the Ranch Building. This modification includes
changing the exterior colors, the addition of windows and doors to the building elevations, and
includes reviewing the elevations of the pump house. The site is located on the south side of
State Street at 1121 East State Street within the Rocky Mountain Business Park. (WEV)
Heard previously in the Agenda.
G. Discussion of a proposed Farmers Market to be sponsored by the Eagle Cultural Arts
Commission.
Heard previously in the Agenda.
8. UNFINISHED BUSINESS:
A. DR-11-02-Parking Lot and Landscaping within Old Town Square: This item was
continued from the April 23, 2002 meeting.
Mayor introduces the issue.
Zoning Administrator Vaughn: Discusses the proposed access agreement. General discussion.
City Attorney Buxton: Discusses the Parking Agreement and the Cross Access Agreement. The
City will maintain and repair their existing parking lot and Mark Butler will maintain and repair
his new parking lot. General discussion.
Merrill moves to approve DR-11-02 Parking Lot and Landscaping within Old Town
Square with the changes and amendments as presented by the City Attorney tonight. The
City Attorney to review and approve said changes when made. Seconded by Guerber.
ALL AYE: MOTION CARRIES ...........................
B. Discussionofproposedlandscapingofnorthentrysign: This item was continued from the
April 23, 2002 meeting.
Mayor introduces the issue.
General Council discussion. Council instructs staff to move forward on the landscaping and
concurs that there is not a need for the Maxi-Corn Controller at this site.
C. Discussion of request submitted by Roberta Karpach to remove and replace trees in OK
Park which obstruct her view. (RY & LS)
Mayor introduces the issue.
Council discussion on the proposal from Trautman.
Council instruct staff to write a letter to Roberta Karpach to find out if she is willing to pay for
the costs. Also to find out if Roberta is willing to wait until the fall to remove the trees.
Council would like to have the trees that are being removed to be heeled in and planted in Merrill
Park.
Guerber: There is a tree in Friendship Park that is dead. I would like to have Jeff or Trautman to
look at this tree.
D. 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 23, 2002 meeting.
City Attorney Buxton: I had a conversation with the PUC and they would like to add a
requirement that the water companies file a certification be filed with the Public Utilities
Commission. General discussion on changes to Ordinance.
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 #416 be considered after being read once by title only. Merrill reads Ordinance
g416 by title only. Seconded by Guerber. ALL AYE: MOTION CARRIES .................
Bastian moves that Ordinance//416 be adopted with the changes presented by the City
Attorney tonight. Seconded by Guerber. Bastian: AYE; Merrill: AYE; Sedlacek: AYE;
Guerber: AYE: ALL AYE: MOTION CARRIES .......................
General discussion on Council Member Sedlacek's memo date 5/3/02. My concern is that the
City will not receive municipal taxes from the water company's property any more.
City Attorney Buxton: The franchise fee is in lieu of the taxes as per Idaho Code.
E. 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 23, 2002 meeting.
F. 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 23, 2002 meeting.
Mayor introduces the above three issues.
Bastian moves to continue Item gE and #F to the June 11, 2002, City Council meeting.
Seconded by Merrill. ALL AYE: MOTION CARRIES ..............
PRE-COUNCIL REPORTS:
Mayor and Council's Report:
Sedlacek: Discusses the BBQ at Terri Bath's home for discussion on the results from the Eagle
Business Survey. Council would like to have the meeting on the 6th of June.
Discussion on the Arch Sign. Just have the Eagle on the arch sign.
I will not be at the Joint Meeting with ACHD on June 4, 2002.
Discussion on the Angel Statute.
The City is getting a check for $7,000 from the Chamber of Commerce for the landscaping of the
entry signs.
Bastian: Reports on the Library. Library continues to have increased patronage.
Discussion on the Library dish.
Discussion on Ann Gallinger giving her resignation to the Library Board.
Mayor: Discussion on Idaho Power Company's proposed new transmission lines and having an
ordinance that requires new power lines to go under ground. Council would like the City
Engineer to contact the PUC in regards to the under ground lines and who would have to pay for
the costs. General discussion.
Merrill: Discussion on code enforcement's on signs. Discussion on general code enforcement.
Discussion on the pathway between Monroc and Garden City. Don Stockton has talked to the
Sheriffs Department to use inmate labor for the clearing.
The pedestrian bridge is completed.
Discussion on business wanting signage on the side of their building that abuts a pathway.
Guerber: Reports on the Air Quality Board Meeting. Canyon County will be on board and
hopefully Kuna will comply.
Department of Commerce is supportive of the bypass.
Eagle Community Fund has met and has recommend the distributions to the Idaho Community
Foundation.
Discussion on Camille Beckman site tour. Discussion on screening the mechanical.
City Clerk/Treasurer Report: I have distributed the financial report of April, 2002, to you.
If the Mayor and Council have not been invited to ride in the Eagle Fun Day Parade you are
invited.
June meetings are the 1 lth and 18th.
General discussion Eagle Island State Park. The City Council will meet the Park Committee on
June I9, 2002 at their regularly scheduled meeting to discuss Eagle Island State Park.
Discussion on the Land and Water Conservation Grant. The City can apply for a grant for a
phase of Merrill Park. If the City applies for grant on a Phase bids and construction cannot being
on that phase until approval of the grant funds.
Scheduling of Budget Workshops. June 13th and June 20th at 5:30 p.m.
Zoning Administrator's Report: Discussion on the Lot Line Adjustment for the new City Hall
property.
Discussion on Joint Meeting with ACHD. Should Plaza Drive be added to the Joint Meeting or
go ahead with the meeting as scheduled on June 5th at the regular ACHD Commissioner's
meeting. Council would like this put on the joint meeting agenda for June 4, 2002.
The City of Kurta has asked me to do a presentation on what the City of Eagle did on their comp
plan. Council concurs that Bill can do one meeting.
City Engineer Report: Discussion on the consultant on cell towers. We are having a hard time
getting names of consultants.
Discussion on the Water Master Plan. We will discuss the Master Plan at the meeting on May
30, 2002.
Discussion on the Capital Improvement Plan. Would like to look at an increase in the impact
fees. I have talked to Ken Rice on helping with this.
City Attorney Report: We have been working on ITD issues with Barry Marcus. We want to be
able to go back before the Board with the new information. We need to talk to our Congressional
Delegation. We should go for the full signal. We are aiming for the September meeting.
We are waiting for an answer to be filed on the condemnation case.
Discussion on the Covino case.
9. ADJOURNMENT:
Bastian moves to adjourn. Seconded by Guerber. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 12:30 a.m.
Respectfully submitted:
SHARON K. MOORE
CITY CLERK/TREASURER
APPROVED:
e.
MAYOR