Minutes - 2002 - City Council - 08/13/2002 - WorkshopEAGLE CITY COUNCIL
Minutes
August 13, 2002
ORIGINAL
BUDGET WORKSHOP: 5:00 p.m. - 7:30 p.m.
Mayor calls the Budget Workshop to order at 5:05 p.m.
1. Library Budget. Terry Loftus, Maureen Germano, Library Board. Terry distributes a copy of
the Eagle Public Library Budget for fiscal year 2002/2003 and discusses the same. Discussion
Lynx System. General discussion. Council commends the Library Board for their work on
revising their budget.
2. Discussion on Dues and Fees. Council discussion on VIA Trans. Discussion on Sage,
National League of Cities and Boise Metro Economic Development Council. Council concurs
that membership in the National League of Cities is not necessary for this fiscal year.
3. Discussion on Eagle Island State Park. The budget for Eagle Island State Park as presented is
all right. Determination on whether to go forward with the Park will be determined on the
response to the Statement of Interest.
4. Discussion on Park Maintenance. Park maintenance as presented is all right.
5. Discussion on Engineering Fees. Council concurs to go ahead and collect engineering fees up
front.
Discussion on Arbor Day Tree Project.
Discussion on eagle sculpture at RC Willey. Council Member Guerber will contact RC Willey to
see if they would donate to new City Hall.
Discussion on new City Hall and providing substation space.
Recess at 6:15 p.m.
Pre-Council reconvenes at 6:40 p.m.
ZGA, Cathy Sewell and Tom Zabala: Discussion on separate meters for the substation.
Discussion on the variance and design review meetings. No significant impacts. We are at 50%
completion of the construction documents. This week we will be at 75% completion of these
documents. We are at a point where we need to make any last minute changes. Tonight we
come to you with some problems and solutions pertaining to the budget. Contractor's estimate
that we got a 50% completion of the documents but our building and site development costs at
$3,961,000 dollars. That is not where we want it to be. The two elements that comprise that is
the site is slightly larger and the building is larger. Discussion on aspects of the building that can
be changed to lower the cost. The building costs need to be $3,450,000 - $3,500,000 with
contingencies. $20,000 - $23,000 millwork in the substation portion of the building. Discussion
on an erosion construction plan. The City Engineer said this would not apply to the city hall
project. Discussion on the soils report. There is really bad ground at this site. We will be
meeting to discuss the appropriate changes that will need to be made to the site. Discussion on
the schedule. Council concurs that a May occupancy date is not a real priority. We are
recommending ten months construction, which would put occupancy in August, 2003. Council is
fine with the ten month construction schedule. Review of change of costs. ZGA will provide the
City with a new cost schedule.
REGULAR COUNCIL AGENDA: 7:30 p.m.
1. CALL TO ORDER: Mayor Yzaguirre calls the meeting to order at 5:30 p.m.
2. ROLL CALL: BASTIAN, MERRILL, SEDLACEK, GUERBER. All present. A
quorum in present.
3. PLEDGE OF ALLEGIANCE:
Merrill moves to add to the agenda under Item #4. Order to Show Cause as #A, Stan Ray,
Oakley Estates which would move Robert DeShazo to #B, and under New Business as Item
#C. Review of the Design-Build proposals for audio/visual for the new City Hall, and as
Item #D. Change Order No. 1-Merrill Park. Seconded by Bastian. ALL AYE: MOTION
CARRIES .............
4. ORDER TO SHOW CAUSE:
A. Stan Ray reports on the improvements made at Oakley Estates.
Zoning Administrator Vaughan, I did a drive by today. The main changes from the last time are:
the valve box has been repaired and looks nice with sod around the area, there are not burnt trees,
they are all green, the burning bushes are looking stressed. There is standing water in the right-
of-way on Floating Feather Road. Discussion on the landscape plan and the revised landscape
plan. On my inspection I did not see any plant material that looked dead or dying.
Mr. Ray will replace the burning bushes if they die.
Discussion on the letter submitted from Franz Witte.
Discussion on the standing water at the intersection. Mr. Ray states that he is adjusting the
sprinkler system.
Discussion on the maintenance company to maintain the common areas.
Discussion on the surety.
Mr. Ray will be willing to replace any dead landscaping so long as it is his responsibility.
Bastian moves to find the landscaping to be in compliance with City Code and that the City
releases the surety bond that it is now holding. Seconded by Guerber. Discussion. TWO
AYES: TWO NAYS: MAYOR AYE: MOTION CARRIES ..................
Discussion on the release of the surety bond.
B. Robert DeShazo shall be given the opportunity to respond to the City's Order to Show
Cause regarding code violations at 846 N. Eagle Road and 10255 Horseshoe Bend Road.
Mayor introduces the issue.
City Attorney Buxton provides Council with an overview of the issues.
Zoning Administrator Vaughan: Discusses the code violations. General discussion.
Robert DeShazo, 846 N. Eagle Road. I'm really here to speak to the property at 846 N. Eagle
Road. Durrel Fransworth will discuss the Horseshoe Bend Road property. Presently we are
building a new office building and we hope to be in there in 60 days. We have some problems
with the conditions placed on Horseshoe Bend Road. We built a building there that we cannot
use. I wanted to do work on this site but other things took priority. We intend to move there.
My intentions are good but I haven't done anything. General discussion on the timeline. One of
the things that are very costly is the 6' masonry wall that is required. I don't agree with the
masonry wall. We put a chain link fence up. General discussion on the fence.
Darrel Farnsworth, Eagle Water Company, Mr. Guerber excused himself because he stated he
could not be unbiased when we were before you previously, I would like to ask Mr. Guerber to
excuse himself again.
Guerber: The last session I excused myself because I would not be able to make an unbiased
decision because this has been going on for a decade.
Mr. Guerber steps down.
Discussion on the permitted use in a C3 Zone. Discussion on the buffer, fencing and
landscaping. Discussion on what improvements have been done to the site and what
improvements will be done. Discussion on what needs to be done to resolve the issues and get
the project moved forward. Discussion on the conditions placed at the application for
modification.
Bastian moves to continue this item to the August 27, 2002 City Council meeting at which
time we invite Mr. DeShazo to come back with a plan to set specific timelines and actions to
be taken to become in compliance with Design Review and City Code. Seconded by
Merrill. Discussion. ALL AYE: MOTION CARRIES ...................
Larry Sales, ACHD, discusses the use of surplus chipped asphalt on the roadway in the DeShazo
project. This surplus material is a material that is better in quality for base material than crushed
rock. It includes crashed rock with a binder of asphalt cement. It is stronger than pure gravel or
pure crushed rock. It doesn't bind by itself sufficiently to be used as paving material. The
Highway District will take this material and will add more liquid asphalt to this and then place it
on Country Roads, usually gravel roads, as a medium duty asphalt pavement, it might last for
years and years. We do not place it on roads that get a lot of traffic. I think that it would provide
a serviceable finish material for an equipment parking lot. General discussion.
Mayor calls a recess at 9:00 p.m.
Mayor reconvenes at 9:10 p.m.
Mayor recognizes the Zoning Administrator, Bill Vanghan, he was recently certified as a
member of the AICP, the American Institute of Certified Planners. Bill is one of 30 planners in
Idaho, Montana, Wyoming, North and South Dakota to achieve this certification in 2002. There
are only 14,000 planners nationwide that hold this honor. Certification requires specific
education and experience plus passing a very ridged examination in planning. Mr. Vaughan
received a Bachelor of Science in Geography and Regional Planning in Eastern Oregon State
College in 1994 and we are very proud to have him as part of the City staff. Mayor presents Bill
with a gift certificate from Home Depot.
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 July 9, 2002.
C. Minutes of July 17, 2002.
D. Minutes of July 23, 2002.
E. Resolution 02-11: A Resolution by the City of Eagle evidencing the approval of
the City of Eagle for the recognition of ValleyRide as the successor To
VIATrans and for the designation of ValleyRide as the designated recipient for
the urbanized areas within Ada and Canyon Counties authorizing the Mayor and
City Clerk to Execute and attest this resolution on behalf of the City o Eagle.
(RY)
F. Findln~ of Fact and Conclusions of Law for FPUD-3-02 & FP-9-02 - Final
Development Plan and Final Plat for Brookwood Subdivision No. 6 - Aries
Development: Aries Development, LLC, represented by Mike Hormaechea, 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)
Merrill moves to approve the Consent Agenda. Seconded by Bastian. ALL AYE:
MOTION CARRIES ......................
6. FINAL PLATS:
A. FP-11-02 - Final Plat for Lockwood Subdivision - RADA Properties LLC.: RADA
Properties LLC, represented by Land Consultants, Inc., is requesting final plat approval for
Lockwood Subdivision, a 23.46-acre, 27-1ot (22-buildable, 5-common) residential subdivision
located generally at the southeast comer of Ballantyne Road and Floating Feather Road. (WEV)
Mayor introduces the issue.
Applicant has no comments.
Zoning Administrator Vaughan: Planning Staff and City Engineer have recommend approval.
Merrill moves to approve FP-11o02 Final Plat for Lockwood Subdivision. Seconded by
Gucrber. Discussion. ALL AYE: MOTION CARRIES ..................
B. FP-8-02 - Final Plat for Once Upon A Subdivision - Northwest Development LLC.: The
applicant is requesting final plat approval for Once Upon A Subdivision, a 36-1ot (33-single-
family, 3-common) subdivision. The 11.11-acre residential subdivision is generally located north
of West State Street, approximately 300-feet west of Eagle Glen Road at 386 W. State Street.
The site is within the Eagle City Limits. (WEV)
Mayor introduces the issue.
Kristen Van Engelen, applicant, I have some questions on two of the recommendations. 1. On
Page 2 of 3, Item 95. Discussion on the fence. 2. Item #10. I would like clarification on what
this means. General discussion on the two recommendations in question.
Zoning Administrator Vaughan: Staff and the City Engineer recommend approval.
Bastian moves to approve FP-8-02 Final Plat for Once Upon A Subdivision with the
recommendations that Item #5 be stricken and Item #10 be modified to read as follows:
"The applicant shall collaborate with the Dry Creek Canal authority to provide measures
to promote the safety of all persons in regard to the irrigation canal.", and all of the
Standard Conditions of Approval. Seconded by Guerber. ALL AYE: MOTION
CARRIES ....................
7. PUBLIC HEARINGS:
A. CU-4-02 - One Mobile Office (Portable Classroom) for Eagle Hills Elementary School -
Meridian Joint School District No. 2: Meridian Joint School District No. 2, represented by
Leatham-Krohn-Van Ocker Architects, is requesting conditional use approval to install one 1,200
square foot mobile office (portable classroom building) at Eagle hills Elementary School. The
site is located on the north side of Ranch Drive approximately 1/2-mile east of Eagle Road at 650
Ranch Drive. (WEV)
Mayor introduces the issue and opens the Public Hearing.
Mayor swears in Stillman Anderson.
Stillman Anderson, represanting the Joint School District No. 2, we are requesting that you
approve the conditional use permit. Discusses the need for the mobile office.
Zoning Administrator Vaughan: Staff and the Planning and Zoning Commission have
recommended approval. General discussion.
Stillman Anderson, further discusses the need for thc mobile office and the increases and
decreases in the enrollment of Eagle Hills Elementary School over the past few years. General
discussion.
Mayor closes the Public Hearing.
Guerber abstains from this issue because he lives across the street from the school.
Bastian moves to approve CU-4-02 1,200 square foot mobile office (portable classroom
building)-Meridian Joint School District No. 2 with the Site Specific Conditions of
Approval and the Standard Conditions of Approval. Seconded by Merrill. Discussion.
THREE AYES: ONE ABSTAIN: MOTION CARRIES ......................
B. Resolution 02-12: A resolution establishing procedures and fees for municipal park
reservations. (SKM)
Mayor introduces the issue and opens the Public Hearing.
City Clerk: I want to point out to you on Page 3 of 4 that Sections No. 7 and 8 were added.
General discussion.
Mayor closes the Public Hearing.
General Council discussion.
Bastian moves to approve Resolution No. 02-12 with a Title to be added per City Attorney
direction and that Section No. 7 be modified per City Attorney direction and change the
effective language as per the direction of the City Attorney. Seconded by Sedlacek.
Discussion. Bastian modifies the motion as follows: Section 3: Municipal parks shall be
open from 1 hour before sunrise to 1 hour after sunset and the tennis courts at Friendship
Park shall be open for use until 12:00 a.m. Seconded concurs. Discussion. ALL AYE:
MOTION CARRIES ................
8. NEW BUSINESS:
A. Ordinance 429: An ordinance of the City of Eagle, Ada County, Idaho, amending Title 5,
Chapter 8, Section 1 and providing an effective date. (SKM)
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 #429 be considered after being read once by title only. Merrill reads Ordinance
#429 by title only. Seconded by Sedlacek. ALL AYE: MOTION CARRIES .................
Merrill moves that Ordinance g429 be adopted. Seconded by Bastian. Bastian: AYE;
Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION
CARRIES .....................
B. Review of proposal to install historic street lights at OK Park and Friendship Park:
(SKM)
Mayor introduces the issue.
General Council discussion.
Council concurs that the cost is too prohibitive at this time to proceed. This item will be brought
back for discussion during the Fiscal Year 03/04 budget process.
C. Review of the Design-Build proposals for audio/visual for the new City Hall.
Mayor introduces the issue.
Council Member Bastian provides Council an overview of the meeting held in conjunction with
the audio/visual needs for the new City Hall. General discussion.
Bastian moves to approve CCI Audio Visual Design and Aatronics proposal to be our
design build for the Audio/Visual Design Build Proposal. Seconded by Merrill. ALL AYE:
MOTION CARRIES ...............
D. Change Order No. 1 - Merrill Park.
Mayor introduces the issue.
Merrill moves to approve Change Order No. 1 from Wright Brothers for Merrill Park in
the amount of $1,024.87. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ...............
9. 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 July 9, 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 July 9, 2002 meeting.
Mayor introduces the issue on Items gA and B.
City Attorney Buxton: Discusses the credit for property taxes and the changes in the Ordinances.
General discussion.
The Ordinances need to be published and will come back to the City Council at their August 27,
2002 meeting.
C. Discussion of May 28~ 2002 letter submitted by Roberta Karpach requesting the
removal of the tree blocking her view in OK Park~ and the Design Review Board's
recommendation regarding the same. This item was continued from the July 23, 2002
meeting. (WEV)
Mayor introduces the issue.
General Council discussion.
Merrill moves to support the Design Review recommendations to deny the request to
remove any trees from Orval Krassen Park. Seconded by Guerber. THREE AYES: ONE
NAY: MOTION CARRIES .................
D. Review and discussion of the lighting of the eagle sculpture generally located on the
northeast corner of the Highway 44 and Eagle Road intersection. (WEV)
Mayor introduces the issue.
Select Commercial Property Services is requesting that this item be continued.
General Council discussion.
Bastian moves to continue this matter to the August 27, 2002 City Council meeting.
Seconded by Guerber. ALL AYE: MOTION CARRIES ...................
10. REPORTS:
Larry Sales, ACHD, I would like to express the gratitude from ACHD for the unsolicited letter of
support. I think the Arch over Eagle Road looks great. I would also comment on the street trees,
the sidewalks and improvements along the roads in the City, you are doing a good job and your
city looks great.
Discussion on private streets.
1. Zoning Administrator's Report: The ACHD TIP program will come before the Planning and
Zoning Commission at their first meeting in September. The Council will see the
recommendations at their first meeting in October. General discussion.
Discussion on the landscaping at Eagle Road and the Alternate Route. ITD has designed the
drainage to their standards. The landscaping will be approved at staff level and we will work
with Albertson's and Eagle Pavilion on the costs. This will come before Council when the costs
are determined.
Discussion on the Brookwood pathway area.
Larry Sales, discussion on the Hill Road Property owned by ACHD next to the City property.
We are continuing to look for property. We are thinking about approaching Ada County after the
first of year to see if there is any land available. General discussion.
Zoning Administrator: Discusses the letter in regards to the construction trucks traveling through
Island Woods. General discussion.
2. City Attorney Report: I had a meeting with regard to the burning ordinance, the track hour
ordinance, and the covered load ordinance with regard to what is needed. I was representing all
of my cities in this meeting. Cities are really not opposed to looking at these things except my
concern is the type of action that would have to be take for code enforcement and prosecution.
Compass is figuring out a way that they can pay for a code enforcement officer that would be
deputized by the cities to be the code enforcement officer for these things. Discussion on the
penalties. General discussion.
Discusses water storage and water rights. General discussion.
Buster's Complaint has been filed. The answer is due in September.
Covino has paid the costs in that case.
Discussion on the Brookwood well.
Discussion on negotiations with United Water on our contract.
Bastian I am real irritated that some of these matters are put off continually month after month.
General discussion.
3. City Clerk/Treasurer Report: I have distributed the Financial Report for June, 2002.
A joint meeting with ACHD is scheduled for Tuesday, September 3rd. Is there a need for the
meeting and what agenda items do you have? Council concurs that no meeting is necessary.
City Attorney Buxton: Discusses the billing issues with Jensen Belts on the Merrill Park. Jensen
Belts has already been paid the total amount due on their contract. They might need an
additional $10,000 but this would have to come back to City Council for approval.
4. Mayor and Council's Report:
Guerber: Air Quality meeting tomorrow.
Merrill: Park and Pathway meeting is next week.
Meeting is scheduled at ZGA's office tomorrow at 2:00 p.m. to discuss interior colors and etc.
I met with Chuck Lobdell on Eagle Island State Park and he doesn't seem to have the same level
of interest. General discussion.
I have visited with Bill and the Mayor on a code enforcement person.
We are looking at the next section of the pathway on the Williamson property. General
discussion.
Musick Auction is using a truck for advertisement on Edgewood and the Alternate Route.
General discussion.
Mayor: I have invites from the Seventh Day Adventist Church on the anniversary date of 9/11.
General discussion.
Bastian: I met with the Library Board last night and they were concerned about the budget.
There were not any bad feelings towards the City; they realize that we are in some hard times.
General discussion.
Some issues came up about parking spaces for the Library and the new City Hall. I would like
ZGA to make a sketch of the space in front of the Library as parking spaces. I would like to see
how many parking spaces could be gained. Library Staff could park in the secured parking area.
General discussion.
Sedlacek: I have a letter addressed to the Mayor from the Sewer District I would like to read:
Dear Mayor Yzaguirre: The Board of Directors at our August 12t~ meeting considered your
request for the donation of sewer connection fees for the Reid w. Merrill, Sr. community Park.
The Board was reluctant to grant the wavering of connection fees for the fear that this could set a
precedent for others to ask for a similar consideration. However, in the spirit of wanting to help
the Board of Directors voted 4-0 with Doug Patterson absent to donate $4,000.00 to the City of
Eagle as a contribution toward the building of Reid W. Merrill, Sr. Community Park. Warmeest
regards, Lynn Moser, General Manager. Council Member Sedlacek gives the $4,000 check to
the City Clerk. Council would like staff to do a thank you letter for Mayor and Council to sign.
We are on track to have the rest of the Arch Sign installed on Friday. General discussion.
5. City Engineer Report: No report.
11. ADJOURNMENT:
Sedlacek moves to adjourn. Seconded by Bastian. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 11:25 p.m.
Respectfully submitted:
SHARbN K. MooRI~ /
CITY CLERK/TREASURER
APPROVED: