Minutes - 2002 - City Council - 06/11/2002 - RegularEAGLE CITY COUNCIL
Minutes
June 11, 2002
OR aAL
*EXECUTIVE SESSION: 5:00 p.m.
A. Private property acquisition: I,C. §67-2345(c)
Mayor calls the meeting to order at 5:10 p.m.
Sedlacek moves to go into executive to discuss property acquisition. Seconded by Merrill.
SEDLACEK AYE; BASTIAN AYE; MERRILL AYE; GUERBER AYE: MOTION
CARRIES.
PRE-COUNCIL AGENDA: IMMEDIATELY FOLLOWING EXECUTIVE SESSION
1. ZGA will give an update on the new city hall project. (5:00 p.m. - 6:30 p.m.)
Cathy Sewell and Tom Zabala review material options for the new city hall project. Discussion.
They will come before Council again on June 18th at 5:30 p.m.
2. Christopher A. Heindel, with The Family Table Inc., and a representative from the Ada
County Sheriffs Eagle Substation will discuss the status of the group home approved as
Conditional Use, CU-16-00 on March 13, 2001(10 min.) Mr. Heindel is not present, Mr. Young
will be representing The Family Table Inc. Chad Young 2222 N. Hickory Way Meridian, Idaho
Mr. Young reviews the history of the conditional use and requests the increase to 10 residents.
Deputy Jon McDaniel notes that they (ACSO) have not been called out on any calls for this
facility, and it seems to be running quite smoothly.
3. Deputy Jori McDaniel, with the Ada County Sheriff's Office will present the monthly report
for May.(10 min.) Deputy McDaniel hands out the monthly report and reviews the same.
Discussion of possibly imposing a closing time for municipal parks. Also notes that Patrick
Calley has been promoted to Lieutenant and will be leave Eagle shortly.
4. Joseph Borton representing Eagle Hill's Golf Course will be requesting an amendment to the
noise ordinance. (10 min.) Joe Borton 1005 Whitelily Ave. Meridian, Idaho. Discussion
regarding a noise complaint and subsequent action which took place approximately one year ago.
This event, in part, prompted this request to modify Eagle City Code and allow for an exception
for maintenance. Discussion. Buxton provides comment regarding current city code. Council
directs staff to amend the current noise ordinance to provide clarification on the definition of
common area.
5. Discussion regarding the Asset Building Program Grant Process: Angela Terhaar and Brian
Neville.(10 min.) Angela Terhaar 5123 S. Desol Boise, Idaho presents the application that was
submitted to AIC. Discussion regarding the Healthy Community/Healthy You Program. Brian
Neville 3122 Edson Boise, Idaho is with the YMCA Outdoor Leadership Program. He reviews
what the Promise Fellow person would be doing and his involvement with the program. He
leaves a video for Council to review at their leisure. Discussion.
6. Mayor and Council's Report: Moved to end of agenda.
7. City Engineer Report: Moved to end of agenda.
8. City Clerk/Treasurer Report: Moved to end of agenda.
9. Zoning Administrator's Report: Moved to end of agenda.
10. City Attorney Report: Moved to end of agenda.
Mayor calls a 5 minute recess at 7:40 p.m.
REGULAR COUNCIL AGENDA: 7:30 p.m.
1. CALL TO ORDER: Meeting called to order at 7:53 p.m.
2. ROLL CALL: BASTIAN, MERRILL, SEDLACEK, GUERBER. 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 May 21, 2002.
C. Minutes of May 30, 2002.
D. Minutes of June 4, 2002.
E. Findings of Fact and Conclusions of Law for 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 comer of Idaho Street and 1st Street at 97 East Idaho Street. (WEV)
F. CU-16-00 - Supervised group home which serves as a community-based
transitional home for local youth - The Family Table Inc.: The Family Table
Inc. is requesting an increase from eight (8) residents to ten (10) residents at the
supervised group home facility located approximately % mile south of E. State
Street and ~A mile west of the intersection of E. State Street and Horseshoe Bend
Road. Site specific condition of approval gl for the conditional use permit for
this site states: (WEV)
Merrill moves to add item 4G Approval of a beer, wine, and liquor license to GKC LLC.
Guerber removes 4A.
Sedlacek removes 4B.
Guerber moves to approve the Consent Agenda as amended. Seconded by Sedlacek. ALL
AYE...MOTION CARRIES.
Guerber abstains from voting on a check which is made to his daughter as she acted as an agent
for the organization of the skateboarding event the City sponsored for Eagle Fun Days.
Sedlacek moves to approve the claims against the City. Seconded by Bastian. THREE
AYE..GUERBER ABSTAINS...MOTION CARRIES.
Sedlacek notes that she voted Nay on item 4T and with that amendment she moves to
approve the minutes of May 21, 2002. Seconded by Bastian. ALL AYE...MOTION
CARRIES.
Merrill moves to add items under Unfinished Business item E. Planning & Zoning
Commission Resolution. Item F. Discussion on Saturday Market insurance and Item G.
Lease/purchase option for Oppenheimer Land. Seconded by Sedlacek. ALL
AYE...MOTION CARRIES.
5. FINAL PLATS: None
6. PUBLIC HEARINGS:
A. PP/FP-2-02 - Trolley Square Subdivision No. 1 - Ronald Coulter: Ronald
Coulter is requesting combined preliminary plat and final plat approval for Trolley
Square Subdivision No. 1. The 5.44-acre, 10-lot commercial subdivision is
generally located on the north side of State Street approximately 100-feet east of
Palmetto Avenue at 902 East State Street. (WEV)
Mayor introduces the item.
Mayor swears in Mr. Coulter.
Ron Coulter 1355 Ceramar Ct. Eagle, Idaho. Mr. Coulter brings the Mayor and Council up to
date on the status of the project.
Vaughan provides a brief review of the staff report. Discussion.
Mayor opens the public hearing.
Mayor swears in Mr. Evans.
Dan Evans 2020 S. Meridian Rd. states his father owns adjoining property. He believes that his
father fence may be an item of concern and perhaps Mr. Coulter would be willing to discuss its
placement further.
Mr. Coulter addresses Council member Men-ill's question regarding building placement.
Discussion.
Mayor closes the public hearing.
Merrill moves to approve PP/FP-2-02 - Trolley Square Subdivision No. 1 - Ronald Coulter
with the site specific conditions of approval as provided by Planning and Zoning and staff,
and the city engineer. Adding a condition that the developer shall provide an
interconnecting pathway from State Street into the site for pedestrian and bicycle use.
Seconded by Guerber. Discussion. Merrill amends the motion to add another site specific
condition of approval that the developer provide a master plan that for the site, not
particularly with the size of the buildings, but a design style of the buildings, that they
compliment each other with both style and colors, and a master sign plan. The master sign
plan shall come in with the design review of the buildings at that time. Bastian seconds the
amendment. ALL AYE...AMENDMENT PASSES. Vote on original motion. ALL
AYE...MOTION CARRIES.
7. NEW BUSINESS:
A. FPUD-2-02 & FP-7-02 - Final Development Plan and Final Plat for Two Rivers No. 4
Subdivision - T. R. Company LLC: T. R. Company LLC, represented by Dan Torfin, is
requesting final development plan and final plat approval for Two Rivers No. 4 Subdivision, a
34-1ot (32-buildable, 2-common) residential subdivision. This 12.93-acre phase of Quarter Circle
Ranch PUD is located on the west side of Eagle Road approximately 1600-feet south of State
Highway 44. (WEV)
Mayor introduces the issue.
Dan Torfin representing T.R. Company reviews the application. Discussion.
Vaughan makes himself available for questions.
Larry Sales with ACHD addresses questions posed by Merrill regarding Mace Road and
pedestrian access. Discussion.
Guerber moves to approve FPUD-2-02 & FP-7-02 - Final Development Plan and Final Plat
for Two Rivers No. 4 Subdivision - T. R. Company LLC with the stipulations as set out by
staff. Seconded by Merrill. Discussion. ALL AYE...MOTION CARRIES.
Guerber moves to have a letter written from the City of Eagle to ACItD outlining our
desire to see that we become involved in the process of the final usage of Mace Road as such
point that it is abandoned as it is becoming more and more likely that development is
taking place. The letter should indicate our interest is to utilize it for public benefit beyond
vehicles. Seconded by Merrill. ALL AYE...MOTION CARRIES.
B. Bollard replacements for the Plaza pathway: Review and action on costs to replace broken
bollards along the plaza pathway. (SKM)
Mayor introduces the issue.
Deputy Clerk reviews the need for replacement bollards for the Plaza Drive pathway.
Merrill states that a bollard needs to be installed at the top of the pathway for the tunnel on Mace
Road. Discussion.
Sedlacek moves to approve to replace the broken bollards on Plaza Drive and obtain an
extra one to keep on hand and buy one more pipe bollard for the access point to the
pedestrian underpass on Eagle Road for a price not to exceed $6,000.00. Seconded by
Merrill. ALL AYE...MOTION CARRIES.
C. Resolution 02-09: A Resolution Approving And Authorizing The Execution Of A
Professional Services Contract Between The City Of Eagle And M. Jerome Mapp; Authorizing
The Mayor And City Clerk To Execute And Attest, Respectively, The Professional Services
Contract; And Providing An Effective Date. (SKM)
Mayor introduces the item.
Guerber moves to approve Resolution 02-09. Seconded by Merrill. ALL AYE...MOTION
CARRIES.
8. UNFINISHED BUSINESS:
A. 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 May 21. 2002 meeting.
B. 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 May 21, 2002 meeting.
Merrill moves to continue Ordinance No. 415 and No. 414 to first meeting in July 9, 2002.
Seconded by Sedlaeek. Discussion. ALL AYE...MOTION CARRIES.
C. 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. This meeting was
continued from the May 21, 2002 meeting.(SEB)
Mayor introduces the item.
Merrill moves to continue this item to the June 13, 2002 meeting. Seconded by Bastian.
ALL AYE...MOTION CARRIES.
D. Discussion of May 28~ 2002 letter submitted by Roberta Karpach requesting the
removal of the tree blocking her view in OK Park.
Mayor introduces the item.
Discussion regarding tree removal options.
Buxton notes that per Eagle City Code 6-7-6 the removal of any tree on public property needs to
be approved by the Tree Board, which at this time is the Design Review Board.
Merrill moves to place this on the Design Review Board agenda for their discussion and
recommendations and then bring it back to City Council for action. Seconded by Sedlacek.
Discussion Sedlacek would like a letter be sent to Ms. Karpach explaining that we
discovered that we might be in violation of our own code, citing the code section and let her
know we must follow protocol. ALL AYE...MOTION CARRIES.
Merrill moves to add Larry Sale to the agenda as item E and everything else previously
added will move down. Seconded by Sedlacek. ALL AYE...MOTION CARRIES.
Larry Sale with ACHD, states that ACHD has decided to have managers act as liaisons to
different municipalities meetings. He will attend as many Eagle meetings as he can. Discussion.
Detail discussion on the Hill Road park site.
Merrill requests item F be heard after G as Cheryl Bloom is on her way down to speak to item F.
F. Planning & Zoning Commission Resolution:
G. Saturday Market Insurance:
Buxton reviews the insurance requirements that ICRMP feels the City needs for adequate
coverage and the requirements that need to be met to comply with the current city code. She also
reviews correspondence between Mark Butler and the City Attorney's office. Discussion.
Merrill moves to approve the opening of the Saturday Market for the Eagle Arts
Commission for the Saturday of June 15ta and not approve them opening for any other day
until July 13t~ if the insurance is in place at that time. Seconded by Sedlaeek. ALL
AYE...MOTION CARRIES.
H. Lease/purchase option for Oppenheimer Property:
Buxton reviews the item.
Bastian moves to agree to change to amend the closing date for the option to purchase
private property from Eagle Village LLC to June 21, 2002. Also, let the record reflect that
Mr. Coonce agreed to that day on behalf of Eagle Village LLC. Seconded by Guerber.
ALL AYE...MOTION CARRIES.
F. Planning & Zoning Commission Resolution:
Mayor introduces the item.
Merrill states that she attended the Planning and Zoning Commission meeting last week as the
City Attorney (McFadden) stated that the Commission was concerned with the landscaping of
Oakley Estates. She relays that Commission chose to pass this resolution in hopes of prompting
Council action.
Cheryl Bloom, Planning and Zoning Commissioner, expresses her concern with the state of the
landscaping of this Stan Ray development. Discussion.
Buxton comments on the resolution and suggests the resolution be forwarded to Mr. Ray.
Discussion.
Merrill feels that a letter should be sent to Mr. Ray identifying the items that need to be repaired
along with this resolution. Buxton states that perhaps Ransom Bailey from her office could work
with the Zoning Administrator this week to draft a letter. Vaughan relays recent contact with the
developer's office staff. Discussion regarding the appropriate way to relay information to Mr.
Ray regarding insufficiencies of this site.
Merrill moves to authorize staff to meet with the Design Review landscape architects to
evaluate the situation at Oakley Ridge, and meet with City Attorney to document and send
a letter, including the resolution as prepared by the Planning and Zoning Commission. The
Council concurs with Planning and Zoning as per the resolution, that there needs to be
solution to this problem at Oakley Ridge. Seconded by Sedlacek. ALL AYE...MOTION
CARRIES.
Discussion.
6. Mayor and Council's Report: Sedlacek states that Evan's Acres may hookup to sewer instead
of septic. Met with the Three Rivers Crossing Group. She would like to get the draft letter on
the June 18th agenda for approval. Sedlacek inquires of the City Attorney if the City needs to
participate in Dig Line. Buxton will look into the issue. Bastian states that the satellite dish will
be located on the Library roof and will not be visible from the street. Also states that the Library
is once again doing a summer reading program. The Library Board has their proposed budget
prepared and ready to present it to Council. The Library Director will be retiring at the end of
the year. Men'ill notes that the bid opening for Merrill Park was today and they came in
substantially lower than had been projected. The City Attorney is looking into the bid protest
which was verbalized. Merrill states that she has a prospect for the Design Review Board
opening. Discussion. Council would like to recognize Patrick Calley as he will be leaving Eagle
as he has been promoted to a Lieutenants position within the Ada County Sheriffs Office.
Guerber notes that Eagle will be one of the first cities to receive the Heritage Award. Merrill
discusses the Island Woods signalization. She also relays a conversation with Ken Harward with
AIC regarding annexation outside of areas of impact.
7. City Engineer Report: No report.
8. City Clerk/Treasurer Report: Deputy Clerk reminds Council of the budget worships scheduled
for June 13th at 5:00 p.m. which will be held at the Senior Center, as well as the Joint Meeting
with the Parks Committee regarding Eagle Island State Park.
9. City Attorney Report: Buxton updates Council regarding the alternate route signalization, the
Horizon Plan meeting, and the Chase water protests.
10.. Zoning Administrator's Report: Vaughan relays information regarding Eagle River and their
desire to be heard at a special meeting. Council states that the July 16, 2002 may be appropriate.
Vaughan discusses Plaza Drive and ACHD's desire to have the City participate in the appraisal
costs. Council feel this that sharing the cost would be a nice gesture.
Sedlacek moves to help ACHD with the land appraisal for an amount not to exceed
$1,500.00. Seconded by Bastian. SEDLACEK AYE; BASTIAN AYE; MERRILL AYE;
GUERBER AYE: MOTION CARRIES.
Discussion regarding the pedestrian bridge over Drainage Ditch No. 2 and the need of the
addition of some safety features.
9. ADJOURNMENT:
Merril moves to adjourn. Seconded by Sedlacek. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 10:33 pm.
Respectfully submitted:
CITY CLERK/TREASURER
APPROVED: