Minutes - 2002 - City Council - 10/22/2002 - Regular ORIGINAL
EAGLE CITY COUNCIL
Minutes
October 22,2002
PRE-COUNCIL AGENDA 6:30 p.m.-7:30 p.m.
City Attorney Buxton: Provides an update on the City Hall financing. We will need a special
meeting next week to approve the Resolution. Council concurs to have the special meeting at
5:30 on Monday October 28, 2002.
1. ZGA will review the plans for the new city hall project. Tom Zabala,ZGA, the schedule will
need to be revised again after hearing the City Attorney's comments in regards to a special
meeting next week to approve the city hall financing. I would recommend that regardless of the
closing date we go ahead and get the documents signed and submit permitting documents on
October 24th as scheduled. General discussion. General discussion on the Council workroom.
Discussion on the change orders for Merrill Park.
Discussion on the Eagle Senior Center renting out the facility to a church.
City Attorney: It is clear on the face of the contract that no sectarian worship, according to
Federal Law, is allowed.
General Council discussion. City Attorney will research the Older Americans Act to see if it has
been amended.
Sage Idaho representatives will research the issue and report to Council Member Sedlacek.
2. Ada County Sheriff's Office: Sgt. Pat Schneider will review the monthly report for
September. Sgt. Schneider distributes the monthly report and discusses the same. Discussion on
how much time the Eagle Deputies do work outside the city into the County. Schneider thinks it
is about 5% of the time. General discussion.
3. Discussion of continued support for Sage Community Resources. Jim Gruber and Kathleen
Simco from Sage Community Resources are present at the meeting. Kathleen Simco,Executive
Director,provides an overview of Sage Community Resources and discusses the services offered
to members. We serve 10 counties in Idaho. Discussion on the five major departments. I am
recruiting for 3 positions on our board. General discussion.
4. Mayor and Council's Report:
Guerber: No report.
Merrill: No report.
Bastian: Reports on Library Board Meeting. Their major concern is the LYNX contract. There
is some concern with Library Board that there is not a real good relationship with the Council.
General discussion.
Discussion on a retirement gift for the Director.
Mayor: Reports on the Compass meeting. General discussion.
5. City Engineer Report: No report.
6. City Clerk/Treasurer Report: No report.
7. Zoning Administrator's Report: Moved to the end of the Agenda.
8. City Attorney Report: There is a trial date set on the Buster sign.
I would request that two items be moved to the beginning of the Agenda,Items#7D and E.
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REGULAR COUNCIL AGENDA: 7:30 p.m.
1. CALL TO ORDER: Mayor Yzaguirre calls the meeting to order at 7:35 p.m.
2. ROLL CALL: MERRILL,BASTIAN, SEDLACEK,GUERBER. All present. A
quorum is present.
3. PLEDGE OF ALLEGIANCE:
Merrill moves to add the following agenda items to the Consent Agenda: Items#7B and C,
Items#8A and B,plus a new agenda item: approval of the Beer&Wine License for
Sakura Sushi and to approve the Consent Agenda as amended. Seconded by Bastian.
Discussion and Mayor reads the Consent Agenda. ALL AYE:MOTION CARRIES
Merrill moves to amend the agenda by moving Items#8D and E to Item#5 on the Agenda.
Seconded by Bastian. ALL AYE: MOTION CARRIES
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.
• 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-42-01 MOD—Modification to the Master Sian Plan for the Flex Space
Office Building—Eagle Land LLC: Eagle Land LLC is requesting design
review approval to modify the master sign plan for the flex space office building
within Rocky Mountain Business Park to allow building wall signage. The site is
located approximately 200-feet east of Plaza. (WEV)
C. DR-46-01 MOD—Modification to the Master Sign Plan for the Rivershore
North and Rivershore South Multi-Tenant Buildings—Dennis Baker and
Associates: Dennis Baker and Associates,represented by Shannon O'Mahony
with Idaho Electric Signs,is requesting design review approval to modify the
master sign plan for the Rivershore North and Rivershore South multi-tenant
buildings to allow a tenant identification sign for ConAgra Foods on the
Rivershore North building. The site is located on the west side of Rivershore
Lane approximately 300-feet west of Eagle Road at 599 S. Rivershore Lane.
(WEV)
D. DR-45-02—Remodel an Existing Residence into an Office and Construct a
Two Story Addition for Office and Residence—Yesterday Properties LLC:
Yesterday Properties LLC,represented by Mark Butler with Land Consultants
Inc., is requesting design review approval to remodel an existing 817-square foot
residence into an office and to construct a 1,839-square foot two story addition
(914-square foot first floor and 925-square foot second floor)for office with a
residence located on the second floor. The site is located on the east side of god
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Street approximately 150-feet north of State Street at 148 North 2°d Street. (WEV)
E. DR-53-02—Building Wall Sign for Hope Blooms—Dorothy Hope: Dorothy
Hope,represented by Shannon O'Mahony with Idaho Electric Signs, is requesting
design review approval to construct a building wall sign for Hope Blooms. The
site is located on the north side of Plaza Drive within the Eagle Plaza Shopping
Center at 228 East Plaza Drive. (WEV)
F. Review and approval of beer and wine license application submitted by
Kathryn Linda Wilson: Kathryn Linda Wilson,dba The Lettuce Leaf is
requesting approval of a beer and wine license for the business located at 324 E.
State Street. (SKM)
G.7B. Review and action regarding change order No.6 submitted by Jensen
Belts Associates for the Merrill Park project.(SKM)
H.7C. Final Plat Extension of Time for Yorkshire Acres Subdivision- Robert
DeShazo Jr/Berkshire West:Robert DeShazo Jr./Berkshire West,represented
by Douglas W. Landwer, is requesting a one-year extension of time for the final
plat for Yorkshire Acres Subdivision. The 4.64-acre, 15-lot (13-buildable,2-
common)residential subdivision is located on the south side of East Floating
Feather Road, approximately 900-feet west of Horseshoe Bend Road. (WEV)
This item was continued from the October 16, 2002 meeting.
I.8A. Review and action regarding change order No.7 submitted by Jensen
Belts Associates for the Merrill Park project.(SKM)
J.8B. Review and action regarding change order No.8 submitted by Jensen
Belts Associates for the Merrill Park project.(SKM)
K. Approval of the Beer&Wine License for Sakura Sushi.
FINAL PLATS: None
5. 7D. Discussion of plat conditions for The Rim at Lexington Subdivision. (MM)
Mayor introduces the issue.
City Attorney Buxton: Because of some conflicts of interest it is my opinion that the Mayor and
Council Member Merrill need to step down. General discussion.
Mayor and Council Member Merrill step down and take seats in the council room.
Richard Meiers, 2500 Rocket Bar,first of all I would like to mind when the Restrictive
Covenants were passed. No.10 and No.11 were concessions that were made to us as landowners
that were affected at that particular time. Meiers reads Restrictive Covenants No. 10 and 11 into
the record. The particular lots we are dealing with the Covenants state that those homes can only
be single story homes.
Bastian: I do have the motion before me which is taken from the minutes of the meeting on May
11, 1993. That motion says"The engineer for the developer advised the Council that they will
accept more restrictive setback requirements and single story homes. Moved by Eason and
Seconded by Bastian to require minimum setbacks for those lots by the rim to be a minimum of
30' and to require lots 8, 9, 10, and 11 to be single story homes only and City of Eagle Standard
conditions for subdivision approval. There will be no pathway on the rim. ALL AYE: MOTION
CARRIES."
Mr. Meiers: That is what I'm trying to recall. The developer was complaining that you were
restricting him to one story homes. All I'm asking is that you sustain exactly what you said. A
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one story home is a one story home. We are not talking about basements. I'm asking you to live
up to the Restrictive Covenants No. 10 and 11.
General discussion on defining single story homes.
Building Official Mongelli: A Displays overhead of the Mr. Meiers home,the property in
question and other homes along the rim and discusses the same. Provides Council an overview
of how single story and two story houses are defined. Discussion on the Uniform Building Code.
General discussion.
Ted Martinez,695 River Quarry,our proposal is to do a home on the rim with a daylight
basement. We have been taking grade on the slopes. All we are trying to do is put a house in
with a daylight basement, we didn't know that we would be faced with restrictions. We feel we
have covered everything that is right and proper with the code. General discussion.
Richard Meiers,discussion on how the house is facing. Wasn't the land supposed to stay the
same and no excavations. General discussion.
Norm Wall,Rocket Bar,I'm a neighbor of Dick Meiers,there was an agreement that there would
not be two story houses on the rim. General discussion on what defines a one story house and a
two story house.
Ted Martinez,the house is not going to sit any taller whether it has a basement or not. The main
level would be the same without a basement. I think my clients would be agreeable to do some
shielding in consideration of Mr. Meiers.
General Council discussion.
Bastian moves that we uphold the decision of the Building Official,Mike Mongelli,in his
memo dated October 18,2002,regarding the Tradewinds Construction two story definition
on Lot 10,Block 1. Seconded by Sedlacek. ALL AYE: MOTION CARRIES
Mayor calls a recess at 8:25 p.m.
Mayor reconvenes at 8:40 p.m.
7E. Discussion of United Water contract. (SEB)
Mayor introduces the issue.
Council Member Sedlacek: Reports on the meeting held today with United Water. Discussion
on revenue and capital improvements. There seems to be a real lack of communication. I would
like to continue to work on this. We are going to meet again. In the meantime the attorney's are
going to meet and clean up the Contract. We will look at the rates after the contract is in
agreement. General discussion.
6. PUBLIC HEARINGS:
A. VAC-03-02 - Vacation to the final plat of Acquila Village Subdivision 2 — The City of
Eagle: The City of Eagle is requesting approval of a vacation to the final plat of Aquila Village
Subdivision to remove the storm drain easement within Lots 6 and 7, Block 1, for the
construction of a new city hall facility. The site is generally located on the northeast corner of
State Street and Stierman Way. (WEV)
Mayor introduces the issue and opens the public hearing.
Zoning Administrator Vaughan: Displays an overhead of the site plan and discusses the request
for a vacation to remove the storm drain easement. General discussion.
No one has signed up to speak to the issue and no one from the public desires to speak to the
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issue.
Mayor closes the Public Hearing.
Merrill moves to approve VAC-03-02-Vacation to the final plat of Acquila Village
Subdivision 2—The City of Eagle. Seconded by Sedlacek. ALL AYE: MOTION
CARRIES
B. Modification to Ouarter Circle Ranch Planned Unit Development(now called Two
Rivers)—RZ-10-98/CU-9-98/PPUD-2-98/PP-8-98 MOD—T.R. Company: T. R. Company
LLC, represented by Dan Torfin, is requesting a rezone from A&A-R(Agricultural &
Agricultural-Residential)to R-2-P(Residential two units per acre maximum-PUD)and a
modification to the conditional use,preliminary development plan,and preliminary plat for
Quarter Circle Ranch(now called Two Rivers)planned unit development. The modification
consists of adding 6.97-acres and 24-lots(16-buildable; 8-common)to the previously approved
237—acre PUD. The site is generally located on the west side of Eagle Road approximately
1600-feet south of Island Woods Drive. (WEV)
Mayor introduces the issue and opens the public hearing.
Mayor swears in Dan Torfin.
Dan Torfin,representing the applicant, displays an overhead of the original plan and discusses
the request for a rezone. We have now acquired three parcels of adjacent property which we
have incorporated into our design. This modification does not give us any additional building
lots. We have added an additional lake. We have a concept of a natural landscaping. Displays
some pictures of the existing improvements. We increased the size of one of the ponds. We are
adding open spaces. General discussion. Discussion on private roads. Discussion on South
Channel Road. Discussion on flood plain issues. Discussion on the proposed pathway.
Mayor swears in Carl Gebhart.
Carl Gebhart, representing the applicant,discusses rural greenbelt concepts. General discussion.
Mayor swears in Larry Sales.
Larry Sales,ACHD liaison to the City of Eagle. Discusses soil cement process. It looks like it
will wear well and would be good for a pathway situation. It will shed water. We are not going
to make a recommendation to you about accepting private streets. Our concern with private
streets is that one day the owners of that street will ask the public take over for maintenance. At
that time the question will be asked if the street was constructed to ACHD standards.
Zoning Administrator Vaughan: Dan has provided a lot of information. Does Council have any
questions?
Council would like to hear any concerns that staff has. Discussion on the additional land area.
There is going to be a reduction in density. Discussion on the conditions of approval. The
design of the addition fits in character of the overall plan. Discussion on the no net loss in the
flood plain. General discussion.
Mayor swears in Gary Joslin.
Gary Joslin, 127 W. River Trail,I am concerned about the pathway. I have been on the other
side of Eagle Road and the paths are in need of repair. I would not like this pathway to end up
that way. I am also concerned about the berm. I'm also wondering how the soil cement process
holds up under the heat and the sun. Discussion on egress and ingress on both roads going into
the subdivision.
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Mayor swears in Dennis Baker.
Dennis Baker,applicant,discusses gated communities. Discussion on adding the adjoining
property to the project. Discussion on all roads to be public roads. General discussion.
Dan Torfin: Discusses the no net loss. Discussion on private streets. Discussion on the pathway.
Discussion on the berm.
Mayor closes the public hearing.
General Council discussion.
Guerber moves to approve Modification to Quarter Circle Ranch Planned Unit
Development(now called Two Rivers)—RZ-10-98/CU-9-98/PPUD-2-98/PP-8-98 MOD with
the Site Specific Conditions of Approval as outlined by the Planning & Zoning
Commission; change the minimum width of 24' for private streets to 28' width; stipulation
that the carriage area north of West Two River Drive be allowed to be a gated community
and to the south shall not be a gated community; the pathways to be of a well defined
nature instead of a creative nature and the area comply with the normal guidelines from
the stand point of floodways/flood plain,no net loss or no net gain in the floodways and
Item#H will state: European Style Homes within the Carriage area. Seconded by Merrill.
Discussion. Guerber amends the motion to state: Site Specific Condition#13: the applicant
shall submit the private street application fee prior to submittal of the final development
plan. Second concurs. ALL AYE:MOTION CARRIES
C. RZ-17-00—Rezone from A-R to MU-DA—Lloyd Campbell: Lloyd Campbell is
requesting a rezone from A-R(Agricultural-Residential)to MU-DA(Mixed Use with
Development Agreement).The 1.09-acre site is located west of State Highway 55 approximately
150-feet south of Beacon Light Road at 12700 Horseshoe Bend Road. (WEV) Due to scheduling
conflicts, the applicant has requested this item be remanded to staff.
Mayor: the applicant has requested this item be remanded to staff.
Bastian moves to remand RZ-17-00—Rezone from A-R to MU-DA—Lloyd Campbell back to
staff. Seconded by Merrill. ALL AYE: MOTION CARRIES
7. UNFINISHED BUSINESS
A. Review and approval of City Hall financing documents. Bud Way. This item was
continued from the October 16, 2002 meeting.
Mayor introduces the issue.
City Attorney Buxton discussed this item in pre-council.
Bastian moves to continue this item to the Special City Council Meeting on October 28,
2002.Seconded by Merrill. ALL AYE: MOTION CARRIES
B. Review and action regarding chance order No.6 submitted by Jensen Belts Associates
for the Merrill Park prolect.(SKM)
Moved by Motion to the Consent Agenda.
C. Final Plat Extension of Time for Yorkshire Acres Subdivision-Robert DeShazo
JrJBerkshire West: Robert DeShazo Jr./Berkshire West,represented by Douglas W. Landwer,
is requesting a one-year extension of time for the final plat for Yorkshire Acres Subdivision. The
4.64-acre, 15-lot (13-buildable,2-common)residential subdivision is located on the south side of
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East Floating Feather Road,approximately 900-feet west of Horseshoe Bend Road. (WEV) This
item was continued from the October 16, 2002 meeting.
Moved by Motion to the Consent Agenda.
D. Discussion of plat conditions for The Rim at Lexington Subdivision. (MM)
Moved by Motion to Item#5 on the Agenda.
E. Discussion of United Water contract. (SEB)
Moved by Motion to Item#5 on the Agenda.
8. NEW BUSINESS:
A. Review and action regarding change order No.7 submitted by Jensen Belts Associates
for the Merrill Park project.(SKM)
Moved by Motion to the Consent Agenda.
B. Review and action regarding change order No.8 submitted by Jensen Belts Associates
for the Merrill Park project.(SKM)
Move by Motion to the Consent Agenda.
C. Review and action on draft letters from Eagle Park and Pathway Development
Committee to Butch Otter and Monroe.(SKM)
Mayor introduces the issue.
Merrill moves to continue this item to the November 12,2002,City Council meeting so
revisions can be made. Seconded by Sedlacek. ALL AYE: MOTION
CARRIES
Zoning Administrator Report: Discussion Arbor Ridge and the Site Specific Condition requiring
the berm along Highway 55 to be rough graded prior to issuance of any building permits. We
have signed the plat. Overheads of the berm are displayed. They are in the process of attempting
to install the berm as you can see in the pictures. The berm does not meet the conditions.
General discussion. Council concurs that the berm is not in compliance.
We have consistently disallowed temporary business signage in landscaped areas per the
ordinance. We keep enforcing the fence along the corner of Eagle Road and Chinden Blvd. City
Market has requested approval in writing to have a banner sign for a charity event. Council
concurs to allow the banner sign.
I talked to the Prosecuting Attorney regarding the Blue Moose citation. They are moving
forward. He anticipates requesting a fine with the fine to be suspended with a probation period.
Council concurs.
One of the homeowners in Feather Nest Estates is having a problem over the installation of a
tree. Council concurs to provide a City of Eagle tree voucher.
Discussion on revising the PUD ordinance.
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9. ADJOURNMENT:
Guerber moves to adjourn. Seconded by Merrill. ALL AYE: MOTION CARRIES...
Hearing no further business,the Council meeting adjourned at 11:30 p.m.
Respectfully submitted:
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SHARON K. MOORE a 0vSoR �.tp %
CITY CLERK/TREASURER - *
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