Minutes - 2002 - City Council - 12/10/2002 - Regular ORIGINAL
EAGLE CITY COUNCIL
Minutes
December 10,2002
PRE-COUNCIL AGENDA 6:30 p.m.-7:30 p.m.
1. Ada County Sheriff's Office: Sgt. Schneider will present the monthly report for November.
Sgt. Schneider distributes a copy of the monthly report for November to the Council and
discusses the same. Major crime at this time of the year is construction site theft. We are doing
more bicycle patrol. Accidents were down. General discussion.
2. Eagle Chamber of Commerce and Eagle Volunteer Fire Department representatives wish to
address Council regarding the 2003 Eagle Fun Days event. Mike Slotemaker distributes
information on the Eagle Volunteer Fire Department to the Council and discusses the same. The
Eagle Volunteer Fire Department and the Chamber of Commerce would like to use Merrill Park
for Eagle Fun Days this year and to use annually. General discussion. Council is concerned
about the new grass, landscaping and parking. Portable restrooms will be needed.
Don Belts,Jensen Belts,Landscape Architect for Merrill Park,this is exactly what we designed
the park for. These kinds of events are tough on parks even in the best conditions. We have
three types of grass planting at the park. The best area would be the sod area around the picnic
shelter and playground area. Depending on the kind of spring we have would determine if the
athletic fields would be ready to handle this type of event. Boise City lets the grass grow a
couple of weeks before such events. For this year it would be best to locate the events near the
picnic area. General discussion.
Discussion on the wood walls in the bathroom areas.
3. Mayor and Council's Report:
Guerber: Wednesday,December 18`"at 6:30 p.m. is the first meeting for the Lets Talk Trash
committee.
Merrill: Parks and Pathway Committee meet tomorrow night. They will be going over the
proposals on the Master Plan for the Hill Road Park.
I have walked the pathway at Island Woods. Dan Torfin is trying working on the paintball site
that was established.
Design Review meets Thursday night.
MC meeting with Legislatures is this Friday. Annexation is being challenged in Court and this
will probably be coming up again. General discussion.
Bastian: Reports on the Library Board meeting. Eagle Library continues to grow in visits and
participation. Library is gearing up for self-check out. Friends of the Library donated a
computer desk. The dish on the Library roof is still showing and the dish will continue to show
as the installer informed them that if the dish were lowered the dish would not work. General
discussion. The dish could be installed on the ground and fenced. Council would like a second
opinion on the dish.
There are 25 people who have submitted an application for the Director. They won't be serious
about selecting a new director until after December.
Some students have put together a Bottle Bill. They have a web site. Copies from the web site
distributed to the Council. General discussion. The biggest opposition is retailers. They are
looking for support from city councils and AIC.
Sedlacek: I provided Council a resume from Jim Brooks who is the new member of the Board of
Directors of the Eagle Sewer District.
Is anyone on Council planning to go to the Chamber meeting on December 19,2002. There
possibly will be a quorum. We will be getting the results from the survey.
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Boise Metro Chamber of Commerce is looking for some financial help to sponsor a speaker to
discuss economic development. General discussion.
Senior Citizens have new board members. Teresa Steach is the new president.
4. City Attorney Report: Legal opinion regarding a possible conflict of interest if holding a
position on the Eagle Planning and Zoning Commission and the Ada County Highway District.
City Attorney Buxton provides Council an overview of their legal opinion.
John Franden is going to be sending a letter to the City. John is going to resign.
Buster's hearing is on December 16th at 3:00 p.m.
The ITD hearing is this Thursday at 9:00 a.m. at ITD Office. This meeting does not need to be
noticed as a council meeting.
5. City Engineer Report: Moved to end of agenda.
6. City Clerk/Treasurer Report: Heritage Park-removal of cottonwood trees. The bid from
Qualitree is the same company that removed the trees at Plaza Park. I have not contacted any
other tree removal companies. Council would like to get at least one more bid.
Would Council like to schedule committee reports at pre-council once a month? Parks,
Historical and Arts. Council would like to have these committee reports scheduled at pre-
council.
I have provided you a draft of the letter Council requested at the 11/26/02 meeting to be sent to
Jensen Belts and ZGA in regards to Merrill Park. I'm not real sure of the content that the Council
is wanting. Council decides not to send the letter.
I have been in contact with Stacy at Dick Phillips office. Dick would like to wait until after the
first of the year to complete the sale for the water shares.
7. Zoning Administrator's Report: Moved to end of agenda.
REGULAR COUNCIL AGENDA: 7:40 p.m.
1. CALL TO ORDER: Mayor Yzaguirre calls the meeting to order.
2. ROLL CALL: BASTIAN,MERRILL, SEDLACEK,GUERBER. All present. A
quorum is present.
3. PLEDGE OF ALLEGIANCE:
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.
• MI 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. Minutes of November 26, 2002.
C. Renewal approval of Interim Liquor,Beer and/or Wine Licenses for current
license holders(effective through 4/30/03)which have met all criteria
established by the City.(SKM)
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Bastian moves to approve the Consent Agenda. Seconded by Merrill. ALL AYE:
MOTION CARRIES
5. FINAL PLATS: None
6. UNFINISHED BUSINESS:
A. ORDER TO SHOW CAUSE: Robert DeShazo shall be given the opportunity to present a
specific course of action and time line to bring code violations at 846 N. Eagle Road and 10255
Horseshoe Bend Road into compliance with Eagle City Code. This item was continued from the
November 26, 2002 meeting. (WEV)
Mayor introduces the issue.
Zoning Administrator Vaughan: Provides Council an overview of the Show Cause action.
Daryl Farnsworth,representing Robert DeShazo. Your staff has been very cooperative in giving
us director. We are now going to use the whole site. We had Eagle Landscaping give us a
design. We are about 4,000 feet short on landscaping. The cost to do this is very high. What
Eagle Water intends to do is screen the property from the majority of Horseshoe Bend Road.
North Eagle Road site is being cleaned as we speak. General discussion.
Zoning Administrator Vaughan: Displays some overheads of the landscaping design on the berm
and landscaping and discuss the same. My opinion is the site has not been totally screened from
the right-of-way. Discussion on expanding the berm and stretching out the landscaping area.
Discussion on the City Code. General discussion.
General Council discussion.
Merrill moves to deny DR-12-99 MOD#2 and we direct staff to move forward with instructing
Mr.DeShazo that he will meet the code as far as the required landscaping and that we will move
forward with letter dated November 12,2002 in which the house, trailer and the shed and the
clear and grubbing of the site would be taken care of between November 15th and January 151h
and we expect to see some action on that by the first of January at which time if we don't we will
move forward with court action. Seconded by Sedlacek. Discussion.
Merrill withdraws her motion. Second concurs.
Merrill moves to approve DR-12-99 MOD#2 Revised Site Plan for Eagle Water Company
Storage Yard with the Site Specific Conditions of Approval as listed with the changes that
we increase the landscaping to 10% of the total and continue the berm and the fence along
the southern portion of the south to the west entry of the site and that we accept the
November 12'2002,letter that outlines the actions and timelines which this is to occur,and
that we have the revised plans reviewed by staff by the first meeting of January,2003.
Seconded by Sedlacek. ALL AYE: MOTION CARRIES
Merrill moves to amend the agenda by adding: Under New Business#9E. Change Order
No. 14 on Merrill Park; and#9F.Discussion on the Guard,Get United About the Recycling
Decision. Seconded by Sedlacek. ALL AYE: MOTION CARRIES
B. Resolution No.02-13: A resolution of the City of Eagle, Ada County,Idaho, approving the
execution of a municipal real estate lease purchase agreement,between the City of Eagle and
Wells Fargo Brokerage Services LLC;authorizing the Mayor and City Clerk to execute and attest
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the municipal real estate lease purchase agreement; and providing an effective date. This item
was continued from the November 26, 2002 meeting.
Mayor introduces the issue.
City Attorney Buxton: You have before the Resolution that would allow the City to go forward
with the real estate agreement. I will be talking to the financial attorney's tomorrow in regards to
the final documents. General discussion. Mr.Way believes we will have a closing date by the
next meeting.
Guerber moves to continue this item to the December 17,2002 City Council meeting.
Seconded by Merrill. Discussion. ALL AYE: MOTION CARRIES
C. ZOA-5-02(Proposed Ordinance No.433)—City of Eagle: An ordinance for the City of
Eagle,Idaho,amending Eagle City Code,Title 8 "Zoning", Chapter 2"Zoning Districts and
Map", Article A"DR Design Review Overlay District", Section 8 "Sign Regulations",creating a
new subsection N,providing for penalties for violations of the sign ordinance; and,amending
section 13 (A)"Procedure For Approval"to dispense with the requirement that public hearings
be conducted for board level design review applications providing an effective date. (WEV) This
item was continued from the November 26, 2002 meeting.
Mayor introduces the issue.
Bastian 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#433 be considered after being read once by title only. Bastian reads Ordinance
#433 by title only. Seconded by Guerber. ALL AYE: MOTION CARRIES
Bastian moves that Ordinance#433 be adopted. Seconded by Guerber. Discussion.
Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION
CARRIES
7. SWEARING IN OF NEW MAYOR: Outgoing Mayor Yzaguirre will swear in
Nancy Merrill as Mayor,and she will preside over the remainder of the meeting.
Mayor Yzaguirre swears in Nancy Merrill as the new Mayor of the City of Eagle and presents
her with a Certificate of Appointment.
Mayor Merrill thanks Rick Yzaguirre for all of his service to the community.
Recess is called at 8:15 p.m.
Meeting reconvenes at 8:25 p.m.
Mayor Merrill presides over the remainder of the meeting.
8. PUBLIC HEARINGS:
A. VAC-4-02-Vacation to the final plat of Aikens Second Addition to Eagle—Jeremiah
Properties: Jeremiah Properties,represented by Bruce Poe with Cole Associates, is requesting
City approval to vacate the public alley right-of-way from the final plat of Aikens Second
Addition to Eagle. The alley right-of-way is located approximately 150-feet south of State Street
within Aikens Second Addition to Eagle,generally located on the northwest corner of the
intersection of Eagle Road and Aikens Street. (WEV)
Mayor introduces the issue.
Mayor swears in Bruce Poe.
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Bruce Poe,Cole Associates, representing the applicant,displays a model and discusses the
vacation of the alley. General discussion.
Zoning Administrator Vaughan: Displays an overhead of the site plan and provides an overview
of the request for the vacation. General discussion.
Mayor opens the Public Hearing.
Mayor swears in Sandy Smith.
Sandy Smith,owner of one of the properties that adjoins this property,discusses the previous
requests to vacate the alley.
Mayor swears in Marvina Spencer.
Marvina Spencer,I am the manger of Tri-City Meats, we are in favor of this vacation.
Mayor swears in Larry Sales.
Larry Sales, ACHD liaison to the City,discusses the process of ACHD vacations. General
discussion.
Sandy Smith, some of our clean up lines may be in or connected in the alleyway. I am in favor of
the vacation of the alley. I would like to see it go equally to the property owners. General
discussion.
Mayor swears in Mark Butler.
Mark Butler, 52 N. 2nd Street, I am in favor of the alley being vacated. This will allow some
creative site design.
Mayor closes the Public Hearing.
Bruce Poe,representing the applicant, we are waiting to submit to ACHD as soon as we get your
approval. Your approval comes first. The owner of the property is aware that half of the
property goes to the property owners to the north and one half to the property owners to the
south.
General Council discussion.
Guerber moves to approve VAC-4-02-Vacation to the final plat of Aikens Second Addition
to Eagle and authorize its submission to ACHD per staff recommendations. Seconded by
Sedlacek. ALL AYE:MOTION CARRIES
B. ZOA-7-02(Proposed Ordinance No.434)—Zoning Ordinance Amendment—City of
Eagle and Land Consultants Inc.: Ordinance Of The City Of Eagle,Ada County Idaho
Amending Eagle City Code Title 8 "Zoning",Chapter 2"Zoning Districts And Maps",Article A
"DR Design Review Overlay District", Section 7 "Landscape And Buffer Area Requirements",
Subsection K"Parking Lot Landscaping",Item 2"Parking Lot Landscape Strip",Paragraph D;
Providing A Severability Clause; And Providing An Effective Date. (WEV)
Mayor introduces the issue.
Mayor swears in Mark Butler.
Mark Butler, 52 N. 2nd Street, discusses the proposed changes to the City Code. Distributes
copies to the Council and discusses the same. General discussion.
Council discussion.
Mayor opens the Public Hearing.
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Mayor closes the Public Hearing.
Sedlacek moves to approve the draft Ordinance ZOA-7-02 Zoning Ordinance Amendment
and direct staff and legal counsel to bring the ordinance back in final form. Seconded by
Bastian. Discussion. Sedlacek amends the motion to change Item #D1 to read: the
applicant must design, document and obtain City approval representing that the overall
planning design at the time of planning results in an effective barrier such that the
landscape strip shields the view from parked cars,from passing pedestrians and motorists.
Second concurs with the amendment to the Motion. ALL AYE: MOTION
CARRIES
C. PP/FP-4-02 - Mixed Use Subdivision No. 4 (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. 4 (formally
known as Eagle River Development). The 10.62-acre, 10-lot commercial subdivision is located
on the southeast corner of Eagle Road and State Highway 44. (WEV)
Mayor introduces the issue.
Mayor swears in Jason Densmer.
Jason Densmer,Roylance and Associates,representing the applicant, provides Council an
overview of the request to combine the preliminary plat and final plat. General discussion.
Zoning Administrator Vaughan: Displays an overhead of the concept plan provided with the
Development Agreement and discusses the Development Agreement. Staff believes that the way
this development is proceeding is in agreement with the Development Agreement.
Mayor opens the Public Hearing.
Vern Brewer,Holladay Engineering,discusses the concept plan and the drainage issues. As I
remember we wanted residential in this area to compliment the area adjacent to the park.
Discussion on having commercial development in this area. General discussion.
General Council discussion.
Mayor closes the Public Hearing.
General Council discussion.
Bastian moves to continue PP/FP-4-02-Mixed Use Subdivision No.4(Eagle River
Development)—Eagle River LLC to the January 14,2003 City Council meeting. Seconded
by Guerber. ALL AYE: MOTION CARRIES
9. NEW BUSINESS:
A. Discussion regarding distribution and receipt of information from the City of Eagle's
web page: (LS)
Mayor introduces the issue.
Sedlacek: Discussion on having a contact button on the Web Site. General discussion.
City Attorney Buxton: Discusses new case law and how to handle e-mail. General discussion.
The issue of e-mail and the appropriate contact button on the web site will be brought to Council
at a later date after the City Clerk and the City Attorney met and have a policy to recommend.
B. Review and action on request for payment No. 1 for the First Street parking lot.(SKM)
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C. Review and action on request for payment No.2 for Heritage Park restrooms.(SKM)
Mayor introduces Item#B and#C.
City Clerk: I don't know why I put these two items on the Agenda,generally the payment
requests are submitted as claims against the City.
Guerber moves to have the payment requests submitted through the claims against the
City. Seconded by Bastian. Sedlacek: AYE; Bastian:AYE; Guerber: AYE: ALL AYE:
MOTION CARRIES
D. Review and action on proposed weather vane for the Heritage Park restrooms. (SKM)
Mayor introduces the issue.
General discussion.
Bastian moves to approve the weather vane for the Heritage Park Restroom. Seconded by
Guerber. Discussion. TWO AYES: ONE NAY: MOTION CARRIES
E. Change Order No. 14—Merrill Park.
Mayor introduces the issue.
Bastian moves to approve Change Order No. 14 for Merrill Park. Seconded By Guerber.
ALL AYE: MOTION CARRIES
F. Guard,Get United About the Recycling Decision.
Mayor introduces the issue.
Bastian: You don't have the actual bill before you but it could be copied from the web site. I
would like to have an agreement to the concept that we are in favor of a law that would have a
five-cents per bottle, can, beer bottle, wine bottle fee on these bottles at the time of retail sale and
redeemable by the citizens through appropriate retail and/or collection sites. If the Council is in
favor of this concept I could bring back the actual bill.
Bastian moves that the Council go on record in favor of a statewide bottle bill that includes
a five-cent fee on cans,bottles,a variety of types that can be redeemed by citizens.
Seconded by Guerber. Discussion. Bastian amends motion to add: that Council is in favor
of this bill and is willing to support the concept in the State Legislature and that we would
propose that this be supported by the Association of Idaho Cities. Second concurs. ALL
AYE:MOTION CARRIES
Mayor will take this information to AIC on Friday morning.
Pre-Council Reports:
City Engineer Report: Discussion on the Water Master Plan. We submitted the Master Plan to
DEQ and received a response from them. We submitted a letter to DEQ requesting some
clarification. Discussion on the two items that DEQ was requesting. These items do not really
fall under their authority.
Discussion on pressure irrigation. The city needs to move forward to adopt some standards for
pressurized irrigation. General discussion.
We have been working on the Board meeting with ITD. I will be attending that meeting to assist
with comments or questions that could come up. General discussion.
City Attorney Buxton: Discusses the ITD hearing. General discussion.
In regards to the Chase agreement, I did not realize that we were to draft the letter. General
discussion.
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Discussion on the interviewing of applicants for the Council position,Design Review Board and
P&Z Commission.
Discussion on the Christmas Party.
Zoning Administrator's Report: Discussion on the progress on the parking lot.
Discussion on sign code enforcement.
Discussion on the weeds that are in ACHD right-of-way on State Street.
Discussion on the weeds at the Oppenheimer Property.
10. ADJOURNMENT:
Sedlacek moves to adjourn. Seconded by Guerber. ALL AYE: MOTION CARRIES...
Hearing no further business,the Council meeting adjourned at 10:40 p.m.
Respectfully submitted: �po•�F gEq"'ay,
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SHARON K. MOORE •
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CITY CLERK/TREASURER •
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RICK YZAI ii I
MAYOR
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