Minutes - 2002 - City Council - 12/17/2002 - Regular EAGLE CITY COUNCIL ORIGIN
Minutes A C
December 17,2002
PRE-COUNCIL AGENDA 6:30 p.m.- 7:30 p.m.
1. A presentation will be made by students from Skyview regarding a proposed recycling bottle
bill.
Stan Bastian introduces three students,Nichole, Steve and Ryan, from Skyview High School in
Nampa,who are officers of an organization called "Guard".
The students provide Council an overview of why they have taken on the Guard project, the
investigation they have done and where the Guard project is to date. Discussion on the proposed
legislation. Discussion on reverse vending machines. General discussion.
2. Mayor and Council's Report:
Sedlacek: No report
Bastian: No report
Guerber: Discussion on the new mufflers on cars and the noise that they cause. Discussion on a
Complaint from a resident on Stierman. Sheriffs office should look into the problem. General
discussion.
Report on the Air Quality Board meeting. General discussion.
Mayor: Reports on meeting at AIC. We discussed the current complaint filed on annexation.
Discussion on the adoption of the International Building Code. We should have this ready for
adoption at the first meeting in January.
The Parks Committee has narrowed down the proposals to three and they will be interviewing in
January.
Discussion on the Compass meeting. General discussion.
3. City Clerk/Treasurer Report: Jo Bolen was in to do FY01/02 audit on December 13th- 15th.
General discussion on the audit.
4. Zoning Administrator's Report: No report.
5. City Attorney Report: Reports on the United Water Contract negotiations. General
discussion.
Report on the Chase agreement.
Discussion on where United Water and Eagle Water are with collecting franchise fees. Susan
will follow up on this and see if they have submitted to the PUC and report back at the next
Council meeting.
6. City Engineers Report: Distributes a copy of a letter dated December 9, 2002, in regards to
HECO Project NO. EG072401, City Parking Lot, and a letter dated November 26, 2002, in
regards to the Water Master Plan to the Council for their review.
Inspected the Patterson berm with staff and the berm did not meet some of the conditions.
General discussion.
Larry Sale,ACHD liaison: Staff and Ada County Landfill are still exploring a land exchange.
Invites Council to an open house for Judy Pevey-Derr tomorrow.
Mr. Vaughan brought to my attention the weeds in the ACHD right-of-way on State Street and
something should be done on this shortly.
Discussion on the new impact fees and having a joint meeting to discusses the new fees.
REGULAR COUNCIL AGENDA: 7:30 p.m.
1. CALL TO ORDER: Mayor Merrill calls the meeting to order at 7:40 p.m.
Page I
K\COUNCEUMmu es\Temporary Mantes Work Area1CC-12-17.02mm doe
2. ROLL CALL: BASTIAN, 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.
• My 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. Minutes of December 10,2002.
C. Minutes of December 11, 2002.
D. Findings of Fact and Conclusions of Law for RZ-10-98/CU-9-98/PPUD-2-
98/PP-8-98-T.R. Company LLC: T. R. Company LLC,represented by Dan
Torfin, is requesting a rezone from A&A-R(Agricultural &Agricultural-
Residential)to R-2-P(Residential-up to 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)
E. Findings of Fact and Conclusions of Law for PP-5-02/FP-14-02-Merrill
Subdivision No.3(Rocky Mountain Business Park)—Dave Evans
Construction:Dave Evans Construction,represented by Anna Powell with B &
A Engineers, is requesting combined preliminary plat and final plat approval for
Merrill Subdivision No. 3 (a re-subdivision of Lot 13, Block 3, Merrill
Subdivision No. 2,formally known as Rocky Mountain Business Park). The
1.19-acre,4-lot commercial subdivision is located on the southwest corner of
East Iron Eagle Drive and South Fitness Place at 461 South Fitness Place.
(WEV)
F. 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)
Bastian moves to approve the Consent Agenda. Seconded by Sedlacek. ALL AYE:
MOTION CARRIES
Page 2
K:`.000NC L\Mtutsaeaporary Mamas Work Area1CC-12-17-02,mo.doc
5. APPOINTMENTS:
A. Appointment of City Council Member.
Mayor introduces Item 5#A,#B,#C and provides an overview of the interviewing process for
the City Council position,the Planning and Zoning positions and the Design Review Board
positions.
The Mayor recommends that Scott Nordstrom be appointed to the City Council position.
Sedlacek moves to approve the Mayor's recommendation of Scott Nordstrom to fill the
City Council position. Seconded by Guerber. ALL AYE: MOTION CARRIES
Mayor swears in Scott Nordstrom.
Scott Nordstrom takes his seat on the Council.
B. Appointment of Planning and Zoning Commissioner.
The Mayor recommends that Steve Deckers be appointed to the Planning and Zoning
Commission.
Bastian moves to approve the appointment of Steve Decker to the Planning and Zoning
Commission. Seconded by Sedlacek. Discussion. ALL AYE: MOTION CARRIES
Mayor swears in Steve Deckers.
The Mayor recommends that Phillip Bandy be appointed to the Planning and Zoning
Commission.
Guerber moves to approve the Mayor's recommendation of Phillip Bandy to the Planning
and Zoning Commission. Seconded by Bastian. ALL AYE: MOTION CARRIES
Mayor swears in Phillip Bandy.
C. Appointment of Design Review Board member.
The Mayor recommends that Robert Bowenn be appointed to the Design Review Board.
Sedlacek moves to accept the Mayor's recommendation that Robert Bowenn be appointed
to the Design Review Board. Seconded by Bastian. ALL AYE; MOTION
CARRIES
Mayor swears in Robert Bowenn.
Mayor recommends Stan Bastian as Council President.
General Council discussion.
Sedlacek moves to appoint Stan Bastian as Council President. Seconded by Guerber. ALL
AYE: MOTION CARRIES
General Council discussion on the appointments.
Mayor discusses Council liaison positions. This will be on the next City Council agenda.
6. FINAL PLATS: None
Page 3
K:000NCO.NMureelTemporary Minutes Work Ma1CC-12-17-02n®doc
7. UNFINISHED BUSINESS:
A. 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
the municipal real estate lease purchase agreement; and providing an effective date. This item
was continued from the December 10, 2002 meeting.
Mayor introduces the issue.
City Attorney Buxton: As I mentioned at the last Council meeting the final documents are still
being revised. We need to continue this item to a special meeting on January 7,2003.
Guerber moves to table Resolution No. 02-13 to a special meeting on January 7, 2003, at
6:30 p.m. Seconded by Bastian. Discussion. ALL AYE: MOTION CARRIES
B. 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.
Zoning Administrator Vaughan: Displays an overhead of the site plan and provides council an
overview application. Discussion on traffic. General discussion.
Council would like to hear from the applicant,Bill Clark.
Bill Clark, Clark Development,displays an overhead of a site plan that is an exhibit in the
Development Agreement and provides an overview of the development of the project to date.
Discussion on the proposed changes and the traffic generated for commercial development.
General Council Discussion
Sedlacek moves to approve PP/FP-4-02-Mixed Use Subdivision No. 4 (Eagle River
Development)—Eagle River LLC with Standard Conditions of Approval, Site Specific
Conditions of Approvals, Specifically#1 which says comply with the conditions noted in the
October 22, 2002 letter to the City Engineer which talks about increasing the feet between Mixed
Use No. 3 and Mixed Use No.4 to 50' to provide the distance needed for adequate right-of-way
for a public road,and with another Site Specific Condition of Approval: That the total square
footage of office park which is noted as MU South Area not exceed 90,000 sq.ft. Motion dies for
lack of a second.
Bastian moves to approve PP/FP-4-02-Mixed Use Subdivision No.4(Eagle River
Development)—Eagle River LLC with a condition added as#10: Dedicate 50' right-of-way
to expand the westerly of this proposal which will be dedicated to ACHD for a public road
access. Seconded by Guerber. Discussion. City Attorney states that there does not appear
to be an actual conflict because of the economic interest that Mr.Nordstrom would have
because of his actions on the Planning and Zoning,however,there does appear to be a
questions as to fairness and potential basis that would make a perceived conflict so it would
be my recommendation that with regard to those applications that Mr.Nordstrom has
already participated on at the Planning and Zoning level that he step down and not
participate. TWO AYES: ONE NAY: ONE RECUSE: MOTION CARRIES
Sedlacek moves to amend the agenda by moving Item#7C to New Business#D. Seconded
by Bastian. ALL AYE: MOTION CARRIES
Page 4
K:ICOUNCLVdmules\Temporary Mmuus Work Arta\CC-12-17-02v®.Cx
C. Update and information regarding United Water contract.(LS)
Moved to New Business Item#D by motion of Council.
Mayor calls a recess at 9:05 p.m.
Mayor reconvenes at 9:15 p.m.
Sedlacek moves that Item#9B be moved to Item#7C. Seconded by Guerber. ALL AYE:
MOTION CARRIES
C.9B. City of Eagle/Mercy Housing IICDBG request for funds.Jim Birdsall
Mayor introduces the issue.
Jim Birdsall,representing Mercy Housing,discusses the request for grant funds.
Council decides that the additional signatory should be Council Member Sedlacek as she works
in town and would be available.
Bastian moves to approve the request for ICDBG funds in the amount of $392,000.00 to
assist with the acquisition and authorize the Mayor to sign the Request for Funds
Documents and also authorize the additional signatory to be Council Member Sedlacek.
Second Sedlacek. Bastian: AYE; Sedlacek: AYE; Guerber: AYE; Nordstrom: AYE; ALL
AYE: MOTION CARRIES
City Clerk discusses opening the budget to add a grant fund to receive and disburse the ICDBG
Funds. General discussion.
8. PUBLIC HEARINGS:
A. CU-10-02/PPUD-3-02/PP-6-02-Alderwood Village Planned Unit Development-JLJ
Enterprises,Inc.: JLJ Enterprises, Inc.,represented by Jane B. Suggs, is requesting conditional
use,preliminary development plan,and preliminary plat approvals for Alderwood Village
Subdivision,a residential planned unit development. The 7.6-acre, 37-lot(31-residential, 6-
common) subdivision is located on the south side of West State Street approximately 1/2 mile
west of Eagle Road, at 825 West State Street. (WEV)
Mayor introduces the issue.
Mayor swears in Jane Suggs.
Jane Suggs,representing JLJ Enterprises,provides Council an overview of the application. We
agree with all the conditions of approval from the Planning and Zoning Commission and we
agree with all the conditions from the Design Review Board. Discusses some of the conditions
from P&Z and Design Review. General discussion.
Planner Lowe: Displays an overhead of the site plan and provides Council an overview of the
application. General discussion.
Larry Sale,ACHD,discusses the application and alleys. General discussion.
Mayor opens the Public Hearing.
Mayor swears in Katie Murphy.
Katie Murphy, 774 W. Aikens Court,my property is close to State Street. My concern is that
there is only one access into this property. Their plan is to remove some trees. My patio is 18'
east of the fence line. I have a hard time believing that planting trees every 30'is a barrier. I was
hoping they would plant some arborvitae for screening. Discusses the alleyways and parking. I
have a real concern about the traffic. General discussion.
Pages
K:\COUNCILNImuteATeupormy Moues Work AreaCC-12-17-02madoc
Mayor swears in Wayne Swanson.
Wayne Swanson,985 W. State Street,I live just West to the property. I guess I'm not for or
against the property. Discussion on the landscaping. Concerned about parking because the
streets are to narrow. The park area is 7-8'lower than the subdivision, so the berm might be a big
concern. I think this crowding.
Mayor closes the Public Hearing.
Jane Suggs,discusses the concerns expressed by the people testifying at the Public Hearing.
General discussion.
Sedlacek moves to approve CU-10-02/PPUD-3-02/PP-6-02-Alderwood Village Planned
Unit Development-JLJ Enterprises,Inc.with the Standard and Site Specific Conditions of
Approval with Site Specific Conditions of Approval modified as such: In regards to items
5-8 council does approve the 20' wide paved access easements,#8 the Council does approve
the 20' wide paced access easement but requires a note on the plat that states"A restrictive
covenant for maintenance of the 20' wide paved access easement met the requirements of
the Code Section stated early by the City Attorney, Code Section 9-3-2-5; Site Specific
Condition#17 be modified to say the applicant shall apply for annexation into the Eagle
Sewer Districts Service Boundaries and shall comply with all applicable Eagle Sewer
District's regulations and conditions prior to the City Council approving the final plat with
the following add in: Should any of the homes require an individual or community lift
station the note indicating such shall be added under the Plat Note;#18 the interior side
shall be changed from 6',#25 the useable park amenities such as a picnic table,covered
shelter and playground equipment and similar amenities shall be provided in the open
space areas and a landscape plan showing open space amenities shall also be reviewed and
approved by the Design Review Board,#27 be modified that an outside maintenance
contractor will be used as stated by the applicant's representatives,the applicant shall
provide a copy of the CC&R's for review which shall define the guidelines for the contract
of an outside maintenance firm; #31 states the applicant shall provide construction
drawings for the pressurized irrigation system to service of each lot for review and
approval by the city engineer at the time the final plat is submitted to the City. The system
shall be designed to meet all standards as required by the City Engineer and will include a
water rotation scheduled signed by all lateral water users; #32 a screened hedge in addition
to the 10-12' trees along the East side of the entry will be added; #33.this application will
be remanded back to Design Review for an arborists report on all of the existing trees,
landscaping along State Street and landscaping along the buffer area along State Highway
44. Seconded by Bastian. Discussion. Sedlacek amends the Motion to state:#33.Design
Review will also evaluate what is being referred to as Neo-Traditional architecture and
advise the Council. Second concurs. Discussion. THREE AYES: ONE ABSTAIN:
MOTION CARRIES
9. NEW BUSINESS:
A. Preliminary Plat Extension of Time for Banbury Meadows Subdivision PUD—Banbury
Meadows LLC.: Banbury Meadows,LLC is requesting a one-year extension of time for the
preliminary plat for Banbury Meadows Subdivision PUD. The 291.5-acre, 344-lot residential
subdivision is located on the west side of Eagle Rd. approximately 1/2 mile north of Chinden
Blvd. (WEV)
Mayor introduces the issue.
Page 6
K:I000NCO'Miouns\Temporary Minutes Work Area CC-12-17-02nandoc
Guerber moves to approve the one year extension of time for the Preliminary Plat for
Banbury Meadows Subdivision PUD. Seconded by Bastian. Discussion. ALL AYE:
MOTION CARRIES
B. City of Eagle/Mercy Housing IICDBG request for funds.Jim Birdsall
Moved to Item#7C.
C. Ballet Idaho is requesting$2500 to support Learning Through Dance and Dance
Advance programs for Eagle Elementary students.
Mayor introduces the issue.
Council discussion on where the events are going to take place.
Bastian moves to approve the request for$2,500 from Ballet Idaho for Learning Through
Dance and Dance Advance programs for Eagle Elementary students. Seconded by
Guerber. THREE AYES: ONE ABSTAIN: MOTION CARRIES
D.(7C.)Update and information regarding United Water contract. (LS)
(moved from Item#7C)
Mayor introduces the issue.
General Council discussion on the United Water Contract.
Sedlacek moves that the City of Eagle require that the new contract that we are negotiating
with United Water Operations be handled in this manner: The revenue would be
submitted to the City of Eagle's account and items bills for reimbursement will be
submitted by United Water Operations. Seconded by Bastian. Discussion. ALL AYE:
MOTION CARRIES
General Council discussion. Council Member Sedlacek will call Greg Wyatt, United Water,
before this Friday.
Zoning Administrator Vaughan: ACHD closed on the Nyhill property. General discussion.
10. ADJOURNMENT:
Guerber 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: tins g■•••.••
r
�• • OIt,YORq %�' 1.
SHARON K. MOORE I loot' T�
CITY CLERKITREASURER a * z •
•3 s- SEALq.°
C APPROVED: :O,, +ATFp•. O
N CY C. RRILL
YOR
Pagel
K:COUNCdNlmmes\Teugonry Minutes Work Area\CC-12-17-02,®.doe