Minutes - 2002 - City Council - 07/23/2002 - RegularEAGLE CITY COUNCIL
Minutes
July 23, 2002
PRE-COUNCIL AGENDA: 5:30 p.m. - 7:30 p.m.
1. ZGA will review the new city hall project. Tom Zabala and Cathy Sewell, ZGA, discuss the
budget for the city hall project. General discussion. Council concurs to leave the clock tower
out of the project and have public art at a later date. Power and water will be at the clock tower
site for future use if needed. Further discussion on the budget and areas where costs can be cut.
Discussion on a time capsule, a cornerstone and building signage.
Mayor calls a recess at 6:30 p.m.
Mayor reconvenes at 7:40 p.m.
Mayor and Council recognize Patrick Calley. Patrick is presented with a framed eagle picture.
2. Ada County Sheriff's Office: Sgt Pat Schneider will present the monthly report for June. Sgt.
Pat Schneider distributes the monthly report and discusses the same. Deputies are our making
business contacts. Bicycle patrol is out on the streets. Eagle Fun Days was successful and went
really well. There are a few changes we will recommend for next year. Discussion on
Neighborhood Watches. Discussion on emergency evacuation. General discussion on the report.
3. Review and discussion of the proposed park reservation policy. (TO) Tracy Osborn, Deputy
City Clerk provides Council an overview of the proposed park reservation policy. General
discussion.
Larry Sales, ACHI) Liaison to the City, Displays a photograph of Beacon Light and Hwy 55 and
discusses the parking problems. The owner of the station has requested that we put some parking
bumpers in. We need approval of the City Council. Council concurs that the bumpers are all
right. Discussion on the new media about dissolving ACHD.
Council Member Merrill recommends that the City draft a letter in support of ACHD and send on
to the Ada County Commissioners. General discussion.
4. Mayor and Council's Report: Moved to the end of the Agenda
5. City Engineer Report: Moved to the end of the Agenda
6. City Clerk/Treasurer Report: Moved to the end of the Agenda
7. Zoning Administrator's Report: Moved to the end of the Agenda
8. City Attorney Report: Moved to the end of the Agenda
REGULAR COUNCIL AGENDA: 7:30 p.m.
I. CALL TO ORDER: Mayor Yzaguirre calls the meeting to order at 7:40 p.m.
2. ROLL CALL: BASTIAN, MERRILL, SEDLACEK, GUERBER. Guerber is absent. A
quorum is present
3. PLEDGE OF ALLEGIANCE:
4. ORDER TO SHOW CAUSE: Stan Ray, developer of Oaldey Estates Subdivision, shall be
given the opportunity to respond to the City's Order to Show Cause.
Mayor introduces the issue.
City Attorney Buxton: The Planning & Zoning Commission came to the Council with a
Resolution to get Mr. Ray to comply with all of their approvals. Not hearing from Mr. Ray a
Show Cause was sent out. Mr. Ray sent the City a letter dated July 17, 2002. City stafftook
some pictures today of the problem areas that have been provided to the Council.
Zoning Administrator Vaughn: Provides Council a history and overview of the non-conforming
landscaping and yard lights. Discussion on the pictures provided to Council. General
discussion.
Stan Ray, 4544 N. Park, I submitted the letter which outlines the problems we had. Provides
Council an overview of the letter. Discussion on the pressurized irrigation system. As of Friday
we have replaced 17 trees. Discussion on the pictures of the problem areas.
General Council discussion on the overall problems, releasing of the bond and issuing building
permits.
Stan Ray would like to have staff come out next week to verify the plantings.
Zoning Administrator Vaughn: Discusses Planning & Zoning Commissions' concern about the
overall maintenance and watering of the landscaping. General discussion.
Bastian moves to continue this matter to the August 13, 2002, City Council meeting, and
give Mr. Ray the opportunity to correct the deficiencies in the landscaping as outlined in
legal notice dated June 3, 2002, and an inspection by staff be made prior to the meeting so
we know if the conditions have been met. Seconded by Sedlacek. ALL AYE: MOTION
CARRIES ............
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.
· All design review applications will be appealed by the Zoning Administrator to the
City Council for their review and approval.
A. Claims Against the City.
B. DR-15-02 - Master Sign Plan for Eagle River Development - Eagle River
LLC: Eagle River LLC, represented by Debbie Anderson with Idaho Electric
Signs, is requesting design review approval of a master sign plan for the
commercial area within Eagle River Development. The site is located on the
southeast comer of Eagle Road and State Highway 44. (WEV)
C. DR-29-02 - Monument Sign~ Fuel Island Canopy Sign~ and Fuel Pump Signs
for Tesoro Petroleum at Justo's Grocery - Tesoro Petroleum: Tesoro
Petroleum, represented by John Scheffey with Core States Engineering, is
requesting design review approval to construct a new monument sign, fuel island
canopy sign with decals, and fuel pump signs at Justo's Grocery. The site is
located on the northwest comer of State Street and Stierman Way at 518 East
State Street. (WEV)
D. DR-31-02 - Common Area Landscaping within Brookwood Subdivision No.
6 - Aires Development LLC: Aires Development LLC, represented by Phil
Hull with The Land Group, is requesting design review approval of the common
area landscaping within Brookwood Subdivision No. 6. The site is located north
of Floating Feather Road adjacent to Brookwood Subdivision No. 4 and Feather
Nest Estates. (WEV)
E. DR-32-02 - Common Area Landscaping within Henry's Subdivision -
Northwest Development LLC: Northwest Development LLC, represented by
Phil Hull with The Land Group, is requesting design review approval of the
common area landscaping within Henry's Subdivision. The site is located ½-
mile north of Floating Feather Road on the west side of Meridian Road. (WEV)
F. DR-33-02 - Wright Brothers Office Building - Kittyhawk Investments:
Kittyhawk Investments, represented by BRS Architects, is requesting design
review approval to construct phase one of a three phased office/retail project.
This application is for the review and approval to construct a 5,088-square foot
office building. The site is located on the south side of State Street within
Periwinkle Subdivision at 779 East State Street (Lot 4, Block 1, Periwinkle
Subdivision). (WEV)
G. DR-34-02 - Retail/Office Building within Eagle River Development -
Grossman Company Properties: Grossman Company Properties, represented
by BRS Architects, is requesting design review approval to construct a 9,504-
square foot retail/office building. The site is located on the south side of
Riverside Drive approximately %-mile east of Eagle Road within Eagle River
Development (proposed Lot 6, Block 2, Mixed Use Subdivision No. 3). (WEV)
H. Findings of Fact and Conclusions of Law for CU-3-02 - Conditional Use for
a 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.
(W~V)
I. Open Container Permit: Edith McGowen and Robert Bringham are requesting
an open container permit to be used at Heritage Park on August 8, 2002.
J. Open Container Permit: Smoky Mountain Pizza on behalf of the Eagle Arts
Commission is requesting an open container permit to be used on July 27 and
August 31, 2002.
Merrill moves to add to the Consent Agenda as Item #J. Open Container Permit request
from Smoky Mountain Pizza on behalf of the Eagle Arts Commission for July 27th and
August 31st and removes Item # B from the Consent Agenda and moves to approve the
amended Consent Agenda. Seconded by Bastian. ALL AYE: MOTION CARRIES ..............
5B. DR-15-02 - Master Sign Plan for Eagle River Development - Eagle River LLC: Eagle
River LLC, represented by Debbie Anderson with Idaho Electric Signs, is requesting design
review approval of a master sign plan for the commercial area within Eagle River Development.
The site is located on the southeast comer of Eagle Road and State Highway 44. (WEV)
Merrill: In going through this master sign plan ! find that it is scary as we are approving 36 signs
on this master sign plan. Our Code calls for 8' monument signs. General discussion.
Merrill moves to approve DR-15-02 Master Sign Plan for Eagle River Development with
the changes on Item 917 to read: Two signs for the retail buildings are permitted for 15'
high and all other 8' high on Eagle Road and Highway 44 as indicated on the site plan.
Seconded by Bastian. Discussion. ALL AYE: MOTION CARRIES ................
Merrill moves to reconsider DR-15-02 Master Sign Plan for Eagle River Development.
Seconded by Bastian. ALL AYE: MOTION CARRIES .....................
Merrill moves to add #18 which will read: The face of all monument signs will be of a
consistent background color through out the development. Seconded by Bastian. ALL
AYE: MOTION CARRIES .......................
6. FINAL PLATS:
A. FP-10-02 - Final Plat for Tuesday Subdivision No. 3 (formerly Red Leaf Heights
Subdivision) - Hillview Development Corp.: Hillview Development Corp., represented by
Mark Butler with Land Consultants, Inc., is requesting final plat approval for Tuesday
Subdivision No. 3 (formerly Red Leaf Heights Subdivision), a 17.67-acre, 53-1ot (47-buildable,
5-common, 1-public school) residential subdivision located at the southeast corner of North
Eagle Road and East Floating Feather Road. (WEV)
Mayor introduces the issue.
Mark Butler, Land Consultants, Inc., I stand for any questions. Applicant agrees with all Site
Specific Conditions of Approval as presented.
Zoning Administrator Vaughan: The City Engineer and Planning Staff have reviewed this item
and have recommend approval of the final plat and have recommended that the City find it in
substantial compliance with the approved preliminary plat.
Discussion on the section that is marked unplatted on the final plat.
Bastian moves to approve FP-10-02 Final Plat for Tuesday Subdivision No. 3 with ail the
Site Specific and Standard Conditions of Approval. Seconded by Merrill. ALL AYE:
MOTION CARRIES ....................
B. FPUD-3-02 & FP-9-02 - Final Development Plan and Final Plat for Brookwood
Subdivision No. 6: Aries Development~ LLC: Aries Development, represented by Mike
Hormachea is requesting final development plan and final plat approval for Brookwood
Subdivision Phase 6, a 48-1ot (40-buildable, 8-common) residential subdivision. This 16.74-acre
(approx.) phase of Brookwood PUD is located on the north side of Floating Feather Road and
west of Feather Nest Estates Subdivision. The site is within the Eagle City Limits. (WEV)
Mayor introduces the issue.
Mike Hormachea, representing Aries Development, I stand for any questions. We are in
agreement with the Site Specific Conditions of Approval. Discussion on the amenities of Phase
4 landscaping. Displays a site plan and discusses the sale of the lots. General discussion.
Sedlacek moves to approve FPUD-3-02 & FP-9-02 Final Development Plan and Final Plat
for Brookwood Subdivision No. 6. with all of the Site Specific and Standard Conditions of
Approval. Seconded by Bastian. Discussion. ALL AYE: MOTION CARRIES ................
7. PUBLIC HEARINGS: None
8. NEW BUSINESS:
A. Ordinance No. 424 (Countryside West): 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.
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 #424 be considered after being read once by title only. Merrill reads Ordinance
$424 by title only. Seconded by Sedlacek. ALL AYE: MOTION CARRIES .................
Merrill moves that Ordinance #424 be adopted. Seconded by Sedlacek. Discussion.
Bastian: AYE; Merrill: AYE; Sedlaeek: AYE; ALL AYE: MOTION CARRIES ...............
Merrill moves to add to the agenda as Item #8B under New Business: Letter to Ada
County Commissioners in support of the ACHD and under Unfinished Business Item g9C:
Discussion on the draft Statement of Interest Solicitation, City of Eagle/Eagle Island State
Park. Seconded by Bastian. ALL AYE: MOTION CARRIES ......................
C. Discussion on letter to Ada County Commissioners in support of ACHD.
Merrill moves to write a letter to the Ada County Commissioners listing the areas of
common interest that ACHD has cooperated with the City in transportation and roadways
throughout the City. Also to voice opposition to the dissolution to the ACHD. Seconded by
Bastian. ALL AYE: MOTION CARRIES ........................
9. UNFINISHED BUSINESS:
A. Discussion of May 28~ 2002 letter submitted by Roberta Karpach reauestina the
removal of the tree blocklno her view in OK Park~ and the Design Review Board's
recommendation regarding the same. This item was continued from the June 11, 2002
meeting. (Vv'EV)
Mayor introduces the issue.
General Council discussion.
Sedlacek moves to table this matter to the August 13, 2002, City Council meeting to give us
each an opportunity to take a look at the trees. Seconded by Merrill. TWO AYES: ONE
NAY: MOTION CARRIES ...............
B. Discussion and possible award of proposal for the north entry sign landscaoim,. This
item was continued from the July 9, 2002 meeting. CvVEV)
Mayor introduces the issue.
Merrill moves to approve the bid from Franz Witte Landscaping in the amount of $11,467.
Seconded by Sedlacek. Bastian: AYE; Merrill: AYE; Sedlacek: AYE: ALL AYE:
MOTION CARRIES ..................
C. Discussion on the draft Statement of Interest Solicitation~ City of Eagle/Eagle Island
State Park.
City Attorney Buxton: Discusses the Statement of Interest. I would like to send this to the State
Parks and Recreation for their review. General discussion.
The Statement of Interest will be published in the Valley Times and The Idaho Statesman.
Mayor and Council's Report:
Merrill: Reports on the Visioning, Standards and Processing Committee. We have a vision
statement for the Committee. This committee was established to review the sign application
process and define some of the language in the sign ordinance.
I am meeting Thursday morning to discuss the Development Impact Fees. General discussion.
Bastian: Library Board met last night and ! was not at the meeting. The Library Board needs to
discuss their budget without a Council Member present.
Sedlacek: Compass is sponsoring a forum tomorrow to talk about site and septic systems. I have
been invited to attend.
The Arch sign is going up next week.
City Engineer Report: No report
City Clerk/Treasurer Report: I have distributed copies of the revised budget and information on
the budget for Eagle Island State Park.
Zoning Administrator's Report: The Ranch Building landscaping along State Street will be
started on Monday. The reason it has not been started to date is because ACHD gave their
approval.
City Attorney Report: We will need an Executive Session tonight.
Discussion on stipulation of United Water and Eagle Water before the Water Resource
Department.
Discussion on the Sensen Belts current Invoice. The current Invoice exceeds the up to $120,000
in the Contract, so we will need to discuss this with them.
Bastian moves to go into Executive Session for the discussion of threatened litigation.
Seconded by Sedlacek. Bastian: AYE; Merrill: AYE; Sedlacek: AYE: ALL AYE:
MOTION CARRIES ............
Council discusses threatened litigation.
Council leaves Executive Session.
10. ADJOURNMENT:
Merrill moves to adjourn. Seconded by Bastian. ALL AYE: MOTION
CARRIES ...................
Hearing no further business, the Council meeting adjourned at 9:45 p.m.
Respectfully submitted:
SHARON K. MOORE ~
CITY CLERK/TREASURER
APPROVED:
PHCK YZAS iRilE,
MAYOR