Minutes - 2002 - City Council - 09/24/2002 - Regular ve-
ORIGINAL
EAGLE CITY COUNCIL
Minutes
September 24,2002
PRE-COUNCIL AGENDA 6:00 p.m.-7:30 p.m.
Merrill suggests that the Agenda be amended as follows: After the Pledge of Allegiance:
Brian G.Crook,with the Kiwanis,add to the Consent Agenda as#4E.Appointment of
Nancy Marshall to the Eagle Library Board for a term of 5 years,#4F.Open Container
permit for Charlie Browns in conjunction with Wagners Corn Maze,add under New
Business,#7H.Approval of the Agreement for LYNX Consortium Services and add under
Old Business,#8E.Audio/Visual Design Build Proposal-New City Hall. Seconded by
ALL AYE: MOTION CARRIES
Mayor and Council Reports:
Merrill: The visionary committee is looking for requests for off premises signs.
Discusses Cottonwood Creek. The lot where we wanted to put the easement has been sold so we
go back to the original agreement. General discussion.
We need to advertise for another person for the Design Review Board.
Merrill Park is going well. The hydro-seeding is being done. Merrill's Egg Farm donated
$15,000 to Merrill Park. General discussion.
Bastian: Library Board discussed the LYNX contract. General discussion. City Attorney is to
meet with the Library Director to discuss changes to the contract.
Collin Campbell will perform upkeep on the Library Web Page. He will do updates each week at
$20 per hour.
The Library Directors position is being advertised and they want to know if the city would pay
the costs. Council concurs that the Library has an advertising budget so they should pay the cost.
Also,City Attorney states by law it is the Library Boards responsibility to hire the Library
Director.
Discussion on Library staff
1. ZGA will present information regarding the new City Hall. Cathy Sewel,ZGA,discusses the
doors from the gathering space into the Council Chambers. General discussion. Council concurs
to have metal, locking doors.
Discussion on the height of the Dais. General discussion.
Discussion on the rear projection screen. This is a black screen on the wall behind the Council.
How do we conceal the screen? General discussion.
Tom Zabal,ZGA, discusses the need to have more time in completion of the documents. We
would like to have another week to submit the documents to the Council and have the Council
review for a week and at the conclusion of that week, October 8th, submit for a building permit
and have the first advertisement. Would like to have a meeting during the week that the plans are
submitted for Council review.
2. Discussion of Central District Health's proposed changes to septic requirements and
"package"treatment systems. Tom Turco with Central District Health and Lynn Moser with
Eagle Sewer District.
Mike Reno, Central District Health,discussion on the DEQ rules which are being changed. BCA
is taking issue with some of the waste water rules. General discussion.
Lynn Moser,Eagle Sewer District,distributes an overview of one kind of a decentralized waste
water sewage system that is being used in the valley. There are two in Eagle. We are doing a 12
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month pilot project funded by EPA to look at the Moon Valley Treatment Plant in greater detail
as a third party agency. We are going to try and validate what Quality Water Systems has been
articulating in their literature. Discussion on water quality standards. We have a test plan that
we will be following. We will get the project off the ground in December or January. General
discussion.
REGULAR COUNCIL AGENDA: 7:30 p.m.
1. 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:
Mayor: In pre-council we discussed some items that need to be added to the Agenda as
follows: Brian Crook,President of the Kiwanis,presenting a check to the City for a
donation to Merrill Park,add to the Consent Agenda as#4D.Appointment of Nancy
Marshall to the Eagle Library Board for a term of 5 years,#4E. Open Container permit for
Charlie Browns in conjunction with Wagners Corn Maze,add under New Business,#7H.
Approval of the Agreement for LYNX Consortium Services and add under Old Business,
#8E.Audio/Visual Design Build Proposal-New City Hall.
Bastian moves to amend the Agenda as read. Seconded by Sedlacek. ALL AYE: MOTION
CARRIES
Brian Crook,President of the Kiwanis,presents a check to the Mayor for$6,000 for a
donation to the water feature at Merrill Park.
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 August 27, 2002.
C. Minutes of September 10, 2002.
D. DR-30-02—Eagle Family Worship Church Facility—Eagle Family
Worship: Eagle Family Worship, represented by Shawn Nickel with Land
Consultants Inc., is requesting design review approval to construct two phases of
a three phased church facility. This application is for the review and approval of
a 23,200-square foot building and to convert a 1,300-square foot residential
home into an office. This 4.9-acre site is located on the northeast corner of
Floating Feather Road and Park Lane at 3838 Floating Feather Road. (WEV)
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E. Appointment of Nancy Marshall to the Eagle Library Board for a term of 5
years.
F. Open Container permit for Charlie Browns in conjunction with Wagners
Corn Maze.
Merrill moves to approve the Consent Agenda. Seconded by Sedlacek. ALL AYE:
MOTION CARRIES
5. FINAL PLATS:
A. FPUD-4-02 &FP-12-02—Final Development Plan and Final Plat for Two Rivers
Subdivision No.5—T.R. Company LLC: T. R. Company LLC,represented by Dan Torfin, is
requesting final development plan and final plat approval for Two Rivers Subdivision No. 5, a
47-lot(38-buildable,9-common)residential subdivision.This 20.82-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 LLC, displays a site plan and provides Council with an
overview of the Project. Site Specific Conditions of Approval are acceptable.
Jeff Lowe,Planner, Staff recommends approval of the project as Planning and Zoning has
recommended.
Merrill moves to approve FPUD-4-02 & FP-12-02 Final Development Plan and Final Plat
for Two Rivers Subdivision No.5-T.R. Company LLC with the Site Specific Conditions of
Approval and Standard Conditions of Approval as listed by Staff,Planning and Zoning
and City Council. Seconded by Bastian. ALL AYE: MOTION CARRIES
6. PUBLIC HEARINGS:
A. ZOA-4-02—Zoning Ordinance Amendment—John &Debbie Cammann: The applicant
is seeking to amend Eagle City Code Title 8 "Zoning", Chapter 3 "Performance Standards",
Section 5 "Unique Land Uses", Subsection A"Accessory Building",Adding A New Item To
Permit Accessory Buildings To Be Constructed Wherein No Principal Structure Exists,And
Providing An Effective Date. (WEV)
Mayor introduces the issue and opens the Public Hearing. (tape 2 side 1)
Mayor swears in John Cammann.
John Cammann, 2964 West Timber,Eagle,provides a handout to the Council and discusses the
proposed changes to Title 8. General discussion.
Jeff Lowe,Planner,provides Council an overview of the issue. Planning and Zoning
Commission recommended denial. General discussion.
John Cammann,the purpose living in that part of Eagle is lower density, this is not defeating this
purpose.
City Attorney Buxton: Discussion on deed restrictions in regards to this issue. Discussion on
what happens in the event the property is sold at a later date. Pm not sure that this not the way to
deal with this issue. I have some concerns with the language that is presented here. General
discussion.
Mayor closes the Public Hearing.
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City Attorney: The only way to deal with might be to amend the Plats.
General Council discussion. Council concurs that they do not favor an ordinance amendment.
City Attorney: The language in the ordinance amendment will not work.
Merrill moves in lieu of an ordinance change that we direct the City Attorney,City
Engineer and Staff to work with the applicant to find another way to make this work and
then bring this issue back to City Council for review. Seconded by Bastian. ALL AYE:
MOTION CARRIES
7. NEW BUSINESS:
A. 02-22-S/02-18-PR/02-19-OTD Preliminary Plat,Private Road and One Time Division
for Loch Lomond Subdivision:Bruce and Barb Gestrin, represented by Shawn Nickel with
Land Consultants Inc.,is requesting a one time division,private road and preliminary plat
approval for Loch Lomond Subdivision, a 15.02-acre(20.3-acres prior to the one time division),
4-lot(3-buildable, 1-open space)residential subdivision located on the west side of Park Lane
approximately 1/4-mile north of Floating Feather Road at 1681 North Park Lane. This site is
located in the Eagle Area of Impact.(WEV)
Mayor introduces the issue.
Jeff Lowe, Planner,displays a site plan and provides Council with an overview. This was
transmitted to the City by Ada County. Staff and Planning and Zoning have recommended
denial. These lot size would not conform to Eagle City Code, a private road is being proposed
and the Chevron Pipeline is running through the property. General discussion.
General Council discussion.
Merrill moves to deny 02-22-S/02-18-PR/02-19 OTD Preliminary Plat,Private Road and
One Time Division for Loch Lomond Subdivison. Seconded by Bastian. Discussion. ALL
AYE: MOTION CARRIES
Mayor I would entertain a motion to hear Item#7G next and then followed by Item#SA
and then continue on with the agenda.
So moved by Bastian. Seconded by Sedlacek. ALL AYE: MOTION CARRIES
7G. Review and action on Eagle Security Services and Joint Powers Agreement with Ada
County Sheriff's Office for fiscal year 2002-2003.(SKM)
Mayor introduces the issue.
Capt. Douthit: Discusses the proposed Eagle Security Services and Joint Powers Agreement.
General discussion.
General discussion on the substation at the new City Hall and the City of Eagle getting a credit
back.
Capt. Douthit discusses the present lease arrangement and the lease agreement that would be
entered into at the new city hall facility. General discussion.
Bastian moves to approve the Eagle Security Services and Joint Powers Agreement with
Ada County Sheriff's Office and direct the Mayor to sign the proposed contract. Seconded
by Merrill. Bastian: AYE; Merrill:AYE; Sedlacek: AYE: ALL AYE: MOTION
CARRIES
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8A. Review and approval of City Hall financing documents—Bud Way.
Mayor introduces the issue.
City Attorney Buxton: Distributes a revised legal opinion on the financing for Eagle City Hall
and discusses the same. General discussion.
Sedlacek: I have prepared a sheet that would give us an idea of what the City would have to pay
for property taxes in the event that this would happen. General discussion.
Bud Way,Wells Fargo, the City Attorney has discussed the Fourth Judicial opinion accurately.
We are looking at presenting by the 8th of October the purchase contract for the new city hall.
We are going to finance$4,000,000. The City has allocated$350,000 for FY 02/03,the first
lease payment would be due FY 03/04. Payment would be $380,000 for 16 years. There might
be a small balloon payment at the end of 16 years. In my experience it is an excellent climate to
go out for bid at this time.
City Attorney: I want to make sure that the$4,000,000 is the right amount.
Mayor: We won't have a quorum for a meeting on October 8,2002.
Bud Way: We would not be able to have the documents prior to October 8,2002.
General discussion on meeting times. Council will not have a quorum for the meeting on
October 8th. Council concurs to meet on October 16th. Closing for the city hall financing would
then be on October 23rd.
Mayor calls a recess at 9:00 p.m.
Mayor reconvenes at 9:15 p.m.
B. Appeal of Building Official's classification of a one story residence—Richard Meyers:
Richard Meyers is appealing the classification of a one-story home at 2207 N. Green View Court,
stating he believes it is a two-story home. (MM)
Mayor introduces the issue.
Mike Mongelli, Building Official,I received a complaint from Richard Meyers questioning my
definition of a one story home. The plat has a restriction that Lots 8,9 and 11 were to be single
story homes. A building plan was submitted for lot 9. There is one wall height and the roof
develops and goes up. This home also has some dormers. Discussion on the floor plan of the
house. General discussion.
Council discussion.
Marshall Williams,builder, we have built this house to the owner's specifications. Provides
Council an overview of the house plans. General discussion.
Sedlacek moves to deny Richard Meyer's appeal and rule this as being a one story home.
We should revisit the bonus room and 50% square footage. Seconded by Merrill.
Discussion. TWO AYES: ONE NAY: MOTION CARRIES
C. Eagle Arts Commission: The Eagle Arts Commission is seeking Council approval to
fund 2 performances by Ballet Idaho and Idaho Theater for the Youth at Eagle
Elementary,Eagle Hills and Seven Oaks Elementary schools. (SKM)
D. Eagle Arts Commission is seeking Council approval to donate funds to Eagle High
School,Eagle Middle School,and Eagle Academy.(SKM)
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Mayor introduces the issues. I believe that Items#C and#D can be discussed together and
approved with one motion.
Merrill moves that the City of Eagle approves the funds for the 2 performances by Ballet
Idaho and Idaho Theater for the Youth at Eagle Elementary,Eagle Hills and Seven Oaks
Elementary schools and donate funds to Eagle High School,Eagle Middle School and Eagle
Academy. Seconded by Bastian. Discussion. ALL AYE: MOTION CARRIES
E. Discussion of Idaho's Brightest Stars awards: (RY)
Mayor introduces the issue and provides council an overview of the Brightest Stars awards. We
need to have some nominations. General discussion.
This item will be put on the City Council agenda for October 16, 2002.
F. Discussion regarding adding franchise fees for the City's municipal water system: (LS)
Mayor introduces the issue.
Sedlacek: I asked that this be put on the agenda. I have received a lot of questions of why we
are not assessing franchise fees on the City owned water system. I am asking for Councils'
opinion on this. General discussion.
City Attorney will research this item.
Sedlacek moves to continue this item to October 16,2002 City Council meeting. Seconded
by Merrill. ALL AYE: MOTION CARRIES
G. Review and action on Eagle Security Services and Joint Powers Agreement with Ada
County Sheriff's Office for Fiscal year 2002-2003.(SKM)
This item was moved forward on the Agenda.
H. Approval of the Agreement for LYNX Consortium Services.
Mayor introduces the issue.
General Council discussion on the Agreement for LYNX Consortium Services.
Bastian moves to continue this matter to such time that the City Attorney has met with the
Library Director and resolves the issues the attorney has concerns with. Seconded by
Merrill. ALL AYE: MOTION CARRIES
8. UNFINISHED BUSINESS:
A. Review and approval of City Hall financing documents—Bud Way.
This item was moved forward on the Agenda.
B. Notice of award approval for municipal parking lot improvements and authorizing
Mayor to sign documents:The project consists of constructing a parking lot for the City of
Eagle on a 140 by 50 foot lot. Items include tree removal,earthwork,600 feet of curb and gutter,
1990 square feet of sidewalk, 140 feet of perimeter wall,652 square yards of asphalt, storm
water system, landscape,etc. (WEV) This item was continued from the September 10, 2002
meeting.
Mayor introduces the issue.
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Vern Brewer,Holladay Engineering,the low bidder is Masco in the amount of$97,405.60. We
have reviewed all appropriate documents and ask the Council to approve Masco in the bid
amount of$97,405.60.
So moved by Bastian. Seconded by Merrill Bastian: AYE; Merrill: AYE; Sedlacek: AYE:
ALL AYE: MOTION CARRIES
C. Authorization of the notice to proceed(for the municipal parking lot project): Approval
is contingent on city attorney approval and bond and insurance authorization. Authorizing the
Mayor to sign documents once all conditions are satisfied. This item was continued from the
September 10, 2002 meeting. (WEV)
Mayor introduces the issue.
Vern Brewer,Holladay Engineering, it usually takes the contractor about a week to get the
contract signed and all the necessary documents in order. We would like to expedite the matter
and that is why we are asking the Council to authorize the Mayor to sign the Notice to Proceed
contingent upon all documents being in order.
Bastian moves to authorize the Mayor to sign documents necessary for the construction of
the municipal parking lot upon approval and acceptance by the City Attorney. Seconded
by Sedlacek. Discussion. Bastian: AYE; Merrill: AYE; Sedlacek: AYE: ALL AYE:
MOTION CARRIES
We are waiting for one more letter from ACHD. We will not issue a Notice to Proceed until we
have this letter in hand. We should have it be the end of this week.
General Council discussion on an ordinance that could change the requirement to have a block
wall. This could impact the parking lot construction. If staff proceeds with this ordinance it
would about 2 months before it would reach the Council for approval.
D. Review and action of expenditure request to purchase a Richoh IS01 Scanner including
installation,cables,SCSI card and scan connect. (SKM) This item was continued from the
August 28, 2002.
Mayor introduces the issue.
General discussion.
Sedlacek moves to approve the expenditure request to purchase the Richoh IS01 Scanner
including installation,cables,SCSI card and scan connect. Seconded by Merrill.
Discussion. Bastian: AYE;Merrill: AYE; Sedlacek: AYE: ALL AYE: MOTION
CARRIES
City Attorney Buxton: I would like the Council to reconsider Item#8B.
Merrill moves to reconsider Item 8B.Notice of award approval for municipal parking lot
improvements and authorizing Mayor to sign documents. Seconded by Bastian. ALL
AYE: MOTION CARRIES
City Attorney Buxton: After discussion with the City Engineer,our recommendation is that the
Council modify the award to make the items with regard to the wall an added alternative for the
award and make that a condition of the award. The wall should be an added alternate to the
Notice of Award.
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Merrill: Under 8-2A-3, City Code states: "However, in order to foster rehabilitation of older
districts and comply with unforeseen future needs of the overlay districts,the city council may,at
their discretion, suspend or relax some or all requirement found in this code, if the city council
determines a particular site, setting, or use to be of historical significance." This is a historical
area in the old part of the city.
City Attorney Buxton: You can make that the bases for adding the wall as an added alternate.
General Council discussion.
Bastian moves to award the parking lot improvement and authorize the Mayor to sign the
documents with Masco,Inc.,the low bidder at$97,405.60 but remove from that amount
#19 and#20 which are the perimeter wall footings and perimeter wall split face block,
pilasters, & cap and make that an alternate for the contract. Seconded by Merrill.
Bastian: AYE; Merrill: AYE; Sedlacek: AYE: ALL AYE MOTION CARRIES
E. Audio/Visual Design Build Proposal-New City Hall.
Mayor introduces the issue.
Bastian: Provides Council with an overview of the proposal and discusses the meetings that were
held in reference to the audio/visual proposal.
General Council discussion.
Bastian moves to accept the audio/visual Design Build Proposal by Rick Stanley,CCI
Audio Visual Design in the amount of$116,680.58. Seconded by Sedlacek. Bastian: AYE;
Merrill: AYE; Sedlacek: AYE: ALL AYE: MOTION CARRIES
9. REPORTS:
Mayor and Council's Report:
Sedlacek: Reports on the meeting held today on the United Water Contract. City Attorney will
be making some revisions and we are setting up a meeting with Greg Wyatt, United Water.
Merrill: Reports on the pre-hearing meeting for the Brookwood Well and the meeting between
the parties held after the hearing.
City Engineer Report:
City Clerk/Treasurer Report: I have distributed the monthly financial reports for July and
August.
There will be a joint meeting with P&Z and DR on Monday, September 301h.
There will not be a quorum for the meeting on October 8th. Council will meet on October 16th
and then have the regular scheduled meeting on October 22nd.
Zoning Administrator's Report: No report.
City Attorney Report: We are working on the IMAP protest.
Discussion on ITD's meeting in regards to the signal light. The City's issue will not be heard at
their September meeting. General discussion.
Mayor: Eagle Beverage is closing on Saturday. I am leasing the store to the State for a liquor
store to be open December 1,2002. Justos is for sale.
Discussion on the Chevron and Tri City Meats corner.
Discussion on the trees that are going to be removed when construction of the new city hall
begins. Council would like to have all trees and shrubs moved if at all possible.
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10. ADJOURNMENT:
Bastian moves to adjourn. Seconded by Merrill. ALL AYE: MOTION CARRIES...
Hearing no further business,the Council meeting adjourned at 10:40 p.m.
Respectfully submitted:
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MAYOR
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