Minutes - 2002 - City Council - 07/09/2002 - RegularORIGINAL
EAGLE CITY COUNCIL
Minutes
July 9, 2002
PRE-COUNCIL AGENDA 6:30 p.m.- 7:30 p.m.
1. ZGA will review the new city hall project. Tom Zabala and Cathy Sewell discuss the
progress of the city hall project. We have moved forward to final design. Design Review was
submitted on July 3rd. We have a workshop session with Design Review on July 18th.
Discussion on rooftop plan for Design Review. Discussion on exterior lighting. Discussion on
security. Discussion on the chamber area.
Phil Hull, The Land Group, displays an overhead of site landscaping and discusses the same.
Discussion on drainage.
Musgrove Engineering, discusses heating/ac units. Discussion on exterior lighting and security
systems.
Rick Stanley, AAtronics, discusses audio/visual and communication systems.
General discussion on further meetings with staff and council members.
2. Mike Mongelli will discuss the installation of a restroom at Heritage Park. We published for
proposals to construct the restroom at Heritage Park. The only proposal received was from
Wright Brothers. Discussion on lights in the building.
REGULAR COUNCIL AGENDA: 8:00 p.m.
1. CALL TO ORDER: Mayor Yzaguirre called the meeting to order at 8:00 p.m.
2. ROLL CALL: BASTIAN, MERRILL, SEDLACEK, GUERBER. Sedlacek is absent. A
quorum is present.
3. PLEDGE OF ALLEGIANCE:
4. EXECUTIVE SESSION:
A. Acquisition of private property. I.C. §67-2345(c) An Executive Session is not held.
5. 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 June 11, 2002.
C. Minutes of June 13, 2002.
D. Minutes of June 18, 2002.
E. DR-24-02 - B.ildlng Wall Sign For American Family Insurance Within The
Eagle Forum Building - American Family Insurance: American Family
Insurance, represented by Debbie Anderson with Idaho Electric Sign Company,
is requesting design review approval to construct two internally illuminated
building wall signs for American Family Insurance within the Eagle Forum
Building. The site is located on the southeast comer of Cedar Ridge Drive and
2nd Street at 408 South Eagle Road. (WEV)
F. DR-26-02 - Common Area Landscaping within Lockwood Subdivision -
RADA Properties LLC: RADA Properties LLC, represented by Phil Hull with
The Land Group, is requesting design review approval of the common area
landscaping within Lockwood Subdivision. The site is located on the southeast
comer of Floating Feather Road and Ballantyne Road at 1156 Ballantyne Road.
(WEV)
G. DR-27-02 - Monument Sign for Lockwood Subdivision - RADA Properties
LLC: RADA Properties LLC, represented by Gina Fegler with The Land
Group, is requesting design review approval to construct a monument sign for
Lockwood Subdivision. The site is located on the southeast comer of Floating
Feather Road and Ballantyne Road at 1156 Ballantyne Road.(WEV)
H. DR-28-02 - Convert Residence into a Multi-Tenant Commercial/Retail
Building - Rosie Hubbard: Rosie Hubbard, represented by James Gipson with
James Gipson Associates, is requesting design review approval to convert a
1,375-square foot residence into a multi-tenant commercial/retail building. The
site is located on the south side of Aikens Road approximately 360-feet east of
Eagle Road at 123 Aikens Road. (WEV)
DR-37-00 MOD - Modification of the Exterior Elevations of the Qwest
Communications Building Addition and of the Fence Materials used along
the alley - Qwest Communications: Qwest Communications, represented by
Bob Smith with Hutchinson Smith Architects, is requesting design review
approval to modify the elevations of the Qwest Communications building and to
modify the construction material of the fence along the south property line of
this site adjacent to the alley. The site is located on the southeast comer of Eagle
Road and Idaho Street at 62 North Eagle Road. (WEV)
Findings of Fact and Conclusions of Law for 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)
K. Findings of Fact and Conclusions of Law for 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)
L. Findings of Fact and Conclusions of Law for PP/FP 1-02 - Mercy Senior
Village Subdivision - Mercy Housing Idaho~ Inc.: Mercy Housing Idaho, Inc.,
represented by Glancey-Rockwell & Associates, is requesting a combined
preliminary plat and final plat approval for Mercy Senior Village Subdivision.
The 5.44-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)
M. F~ndln~a of Fact and Conclusions of Law for CU-1-02 - Heieht Exceotion
for Eagle Family Worship Church Facility - Eagle 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 comer of Floating Feather Road and
Park Lane at 3838 Floating Feather Road. (WEV)
N. Appointment of Sharon FIoegel to the Design Review Board.
Merrill moves to add to the Consent Agenda as Item/tN. The appointment of Sharon
Floegel to the Design Review Board, and remove Item #B and Item #F from the Consent
Agenda. Seconded by Guerber. ALL AYE: MOTION CARRIES .................
Bastian moves to approve the Consent Agenda as amended. Seconded by Merrill. ALL
AYE: MOTION CARRIES ...............
5B. Minutes of,June lit 2002.
Merrill moves to make the following changes to the minutes: Page 3: Merrill's motion on
Item #6(A) third sentence from the end should read "plan shall come in with the design
review of the buildings at that time". Page 4: Guerber's second motion on Item g'/(A) the
first sentence, after City of Eagle add "to ACHD". Seconded by Bastian. ALL AYE:
MOTION CARRIES ..............
5F. DR-26-02 - Common Area Landscaping within Loekwood Subdivision - RADA
Properties LLC: RADA Properties LLC, represented by Phil Hull with The Land Group, is
requesting design review approval of the common area landscaping within Lockwood
Subdivision. The site is located on the southeast comer of Floating Feather Road and Ballantyne
Road at 1156 Ballantyne Road. (WEV)
Mayor introduces the issue.
Council discusses the Memo from Barbara A. Cerda, Planner, dated July 9, 2002, and discusses
the landscaping.
Bastian moves to approve DR-26-02 Common Area Landscaping within Lockwood
Subdivision with Item 6~8 in tact and all of the Site Specific Conditions of Approval and
Standard Conditions of Approval. Seconded by Merrill. ALL AYE: MOTION
CARRIES ..........
6. FINAL PLATS: None
7. PUBLIC HEARINGS:
A. CU-3-02 - Bank Facility with Drive-up Service and ATM - Pioneer Federal Credit
Union: Pioneer Federal Credit Union, represented by Land Consultants Inc., is requesting
conditional use approval for a bank facility with drive-up service and an automatic teller machine
with associated drive-up lane. The site is located on the northeast comer of State Street and
Stierman Way at 560 E. State Street. This item was continued, per the applicant's request, from
the June 18, 2002 meeting. (WEV)
Mayor introduces the issue and opens the public hearing.
Mark Butler, Land Consultants Inc., representing the applicant. We are in full support of staff
recommendations. Displays a site plan and provides an overview of the application.
Zoning Administrator Vaughan: Displays a site plan and provides the Council with an overview
of the application. General discussion.
Mayor closes the Public Hearing.
General Council discussion.
Merrill moves to approve CU-3-02 Bank Facility with Drive-up Service and ATM- Pioneer
Federal Credit Union with the Site Specific Conditions of Approval by Staff and Planning
and Zoning and that Item g3 on the Site Specific Conditions of Approval be reworded to
read: The applicant shall construct an eight foot (8') wide concrete sidewalk attached to the
back of curb along Stierman Way abutting this site. A ten foot (10') wide landscape strip
with street trees and historic lights shall be constructed between the back of sidewalk and
the existing buildings and related improvements. Plans shall be submitted for review and
approval by the Design Review Board prior to the commencement of work on the site.
Seconded by Guerber. ALL AYE: MOTION CARRIES ......................
B. PP/FP 3-02 - Mixed Use Subdivision No. 3 (Eagle River Development) - Eagle River
LLC: Eagle River, LLC, represented by Bill Clark with Clark Development, is requesting
combined preliminary plat and final plat approval for Mixed Use Subdivision No. 3 (formally
know as Eagle River Subdivision). The 9.95-acre, 10-lot commercial subdivision is located on
the southeast comer of Eagle Road and State Highway 44. (WEV)
Mayor introduces the issue and opens the public hearing.
Mayor swears in Bill Clark.
Bill Clark, 479 Main Street, Boise, representing Eagle River, displays an overhead of the site
plan and provides Council an overview of the application. General discussion.
Zoning Administrator Vaughan: Displays on overhead of the site and provides Council an
overview of the request for combined preliminary plat and final plat. Staff and Planning and
Zoning Commission recommend approval. General discussion.
Mayor closes the Public Hearing.
Merrill moves to approve PP/FP 3-02 Mixed Use Subdivision No. 3 (Eagle River
Development)-Eagle River LLC with the Site Specific Conditions of Approval and the
Standard Conditions of Approval by Staff and accompanying Letters. Bastian. Discussion.
ALL AYE: MOTION CARRIES .................
Merrill moves to change the Agenda by moving Item gO. Unfinished Business before Item
#8. New Business and move Item gOB. to Item gOA. Seconded by Guerber. ALL AYE:
MOTION CARRIES ....................
9. UNFINISHED BUSINESS:
A. Eagle Island State Park Statement of Interest: (SEB/SKM)
Mayor introduces the issue.
City Attorney Buxton: Discusses the meeting with Chuck Lobdell. I would like to draft a
Statement of Interest for vendor's for the water park, equestrian center and etc. The Statement of
Interest would not be binding on the City. This would be the first step in finding out if
financially the City could take over the Park. I will also take a look at the grazing contract. We
might want to separate the haying and grazing. Mr. Lobdell and Sharon have put together a
budget plan.
Council discussion.
Bastian moves to give permission to the City Attorney and the City Clerk to work with
Chuck Lobdell to draft the proposal Statement of Interest at the Park, review the grazing
lease, review the draft lease provided by the Idaho State Parks and Recreation and draft a
proposed budget. Seconded by Merrill. ALL AYE: MOTION CARRIES ..............
B. Award of proposal for the Heritage Park restroom construction..
Mayor introduces the issue.
Merrill moves to award the bid for the Heritage Park restroom to Wright Brothers for up
to $24,880.00. Seconded by Bastian. Discussion. Merrill amends the motion to replace the
paper towel dispenser with an air dryer and in regards to the landscaping, sprinklers and
etc. that the City have Trautman's Lawn and Landscape take care of these issues. Second
concurs. Bastian: AYE; Merrill: AYE; Guerber: AYE: ALL AYE: MOTION
CARRIES .........
C. Award of proposal for the north entry sign landscaping.
Mayor introduces the issue.
General discussion.
Merrill moves to continue this item to the July 23, 2002 City Council Meeting for
clarification on the bid proposals. Seconded by Bastian. Discussion. ALL AYE: MOTION
CARRIES ...................
D. 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 June 11. 2002 meeting.
E. 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 Exemise Of Said Franchise, And Providing An Effective Date.
(SKM) This item was continued from the June 11, 2002 meeting.
Mayor introduces Ordinance No. 415 and No. 414.
City Attorney Buxton: We have not been able to get the information from the County on the loss
of taxes that you have requested.
Guerber moves to table Item 9D and 9E to the City Council meeting on August 13, 2002.
Seconded by Merrill. ALL AYE: MOTION CARRIES ...............
8. NEW BUSINESS:
A. Ordinance No. 424: 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.
Basfian moves to continue Ordinance No. 424 to the July 23, 2002 City Council meeting.
Seconded by Merrill. ALL AYE: MOTION CARRIES ..................
B. Resolution 02-10: - A Resolution of the Eagle City Council, Eagle, Ada County, Idaho
repealing any and all existing comprehensive plans and land use designation maps, and adopting
the amended 2000 Comprehensive Plan And Land Use Designation Map; affirming that
prescribed notice and hearing requirements were met in accordance with Title 67, Chapter 65,
Idaho Code; and providing an effective date. (WEV)
Mayor introduces the issue.
General discussion.
Merrill moves to approve Resolution 02-10. Seconded by Guerber. ALL AYE: MOTION
CARRIES ................
C. Ordinance No. 427: An ordinance of the City of Eagle, Ada County, Idaho, amending Title
4, Chapter 9, Section 4-9-2 and Section 4-9-6 (I) and providing an effective date. (SKM)
Mayor introduces the issue.
General Council discussion.
Merrill moves to continue Ordinance No. 427 and have the City Attorney work with Pat
Schnieder, Ada County Sheriff's Office, and staff to draft appropriate language that take
care of both the golf course and the issues of the loud amplifications from music at outdoor
facilities. Seconded by Bastian. Discussion. ALL AYE: MOTION CARRIES ...............
D. Ordinance No. 428: An Ordinance of the City of Eagle, Ada County, Idaho, Amending Title
3, Chapter 2, Section 3-2-1, Section 3-2A-5, Section 3-2B-3, Section 3-2C-6, Section 3-2C-8 and
providing an effective date. (SKM)
Mayor introduces the issue.
Guerber moves, pursuant to Idaho Code, Section 50-902, that the rule requiring
Ordinances to be read on three different days with one reading to be in full be dispensed
with, and that Ordinance 8428 be considered after being read once by title only. Guerber
reads Ordinance #428 by title only. Seconded by Merrill. ALL AYE: MOTION
CARRIES .................
Guerber. A notation, on the second page, the first line should say: "pay a license fee".
Discussion on license fee.
Guerber moves that Ordinance #428 be adopted as amended. Seconded by Bastian.
Bastian: AYE; Merrill: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES .............
Further discussion on vendors for the park and how the park is to be developed.
Mayor calls a recess at 9:30 p.m.
Mayor reconvenes at 9:45 p.m.
10. REPORTS:
Mayor and Council's Report:
Bastian: Reports on the Library Board Meeting. Discusses the reading programs. Library has
several volunteers. The usage is up and the use of the inter-library loans is also up. Filtering
system is working well. The self-check out system is $58,000. There is also self-check in. I also
mentioned that a 24% increase in the budget was a large increase. General discussion.
Merrill: ACHD approved the Island Wood light and it is ready to go to ITD.
Tomorrow there is meeting to discuss the comer in front of Albertson's at Eagle Road and the
Altemate Route.
Merrill's have about 500 trees in pots that we would like to donate to the City. They would have
to be stored at City Hall.
Guerber: Rick Collignon, Director of Idaho Department of Parks and Recreation, would like the
Mayor to call him about what was discussed at tonight's meeting.
Reports on the Air Quality Board meeting. They are going to decide if they want to invite Kuna
to joint the Air Quality Board. Discussion on Canyon County joining the Air Quality Board.
Thank you to Geneva Trent for putting the application together for the Heritage Award.
City Engineer Report: No Report.
City Clerk/Treasurer Report: I have distributed the financial reports for May, 2002.
A Joint Meeting is scheduled for Monday, July 29~. Let me know if you have any other agenda
items.
The Scenic By-Way Interpretive Area is completed and Lloyd Campbell has received his first
water bill. Last year, the first year, Lloyd accepted $200 as the payment. The Second year
payment needs to be negotiated. I would suggest that Council Member Sedlacek talk to Lloyd on
the payment for the second year. Council concurs.
We need to schedule a Budget Workshop. Council schedules July 17th at 5:00 p.m. Invite the
Library Board to the meeting for discussion of the Library Budget.
City Attorney Report: Compass has called and wants to meet with us on several ordinances,
including air quality. General discussion.
Oakley Estates Subdivision Order to Show Cause. I am requesting that we send out the Order To
Show Cause for the July 23, 2002, City Council meeting. I have a letter for the Mayor to sign
also. We can send these out tomorrow. General discussion.
Discussion on the Buster's sign Complaint.
Ransom is working with Bill on the DeShazo issues. General discussion.
Discussion on the water rights issues.
The Court has not set a hearing date on the Well's property. General discussion.
Discussion on the
Discussion on the
Discussion on the
Discussion on the
discussion.
Zoning Administrator's Report: Discussion on the replacement of the City Hall CherTy Tree.
Mark Butler, I screwed up, what would you like. I dug the tree out with a backhoe and removed
the tree. I increased the caliper of the trees which cost me $800. General discussion. Council
concurs to have Mark put money in the tree fund. Staff will check on the value of the tree.
Discussion on the 5th wheel being lived in behind the bike shop. Council would like the matter
to be looked into by the Zoning Administrator.
I am ready to issue the final occupancy permit for the Fire Department. General discussion.
Camille Beckman: the landscaping has been installed and they are in the process of cutting down
the light poles to the correct height. I am ready to issue a final occupancy report. General
discussion.
Arbor Ridge has submitted their final plat for signature. Arbor has built the road and has hydro-
seeded and landscaped. Discuss on the pit and the slopes. General discussion. Discussion on
the sewer permits.
illegal signs.
citation issued to the Blue Moose.
fee for a temporary sign.
change of use from the art gallery to the chiropractor office. General
Discussion on Plaza Drive.
11. ADJOURNMENT:
Bastian moves to adjourn. Seconded by Guerber. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 11:50 p.m.
Respectfully submitted:
SHARON K. MOORE t
CITY CLERKITREASLrRER
APPROVED:
MAYOR