Minutes - 2003 - City Council - 03/11/2003 - Regular
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ORIGINAL
EAGLE CITY COUNCIL
Minutes
March 11, 2003
EXECUTIVE SESSION: 6:00 P.M.
A. Discussion of pen dine litieation. I.C. § 67-2345(f)
Mayor introduces the issue. Council Member Guerber is absent from the meeting.
Sedlacek moves to go into Executive Session for the discussion of pending litigation.
Seconded by Bastian. ALL AYE: MOTION CARRIES...............
Council discusses pending litigation.
Council leaves Executive Session.
PRE-COUNCIL AGENDA: immediately followine EXECUTIVE SESSION
1. Discussion on the renegotiation of the United Water Operations Contract.
Greg Wyatt, United Water, and Council discuss the contract negotiations with United Water.
2. Discussion of the place of use for Boise Valley Irrigation Water.
City Clerk Moore: I spoke to Stacy at Dick Phillips office today and she will be sending me a
statement showing the 4.5 shares to be purchased at $400.00 a share. I have also talked to
Tammy Zokan, City Attorney's Office, and as soon as the water shares are transferred to the City
she will work on the placement of the water shares.
General discussion.
REGULAR COUNCIL AGENDA: 7:30 p.m.
1. CALL TO ORDER: Mayor Merrill calls the meeting to order.
2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. Guerber absent.
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.
. 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.
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B. Minutes of February 25, 2003.
C. Minutes of March 6,2003.
D. Resolution 03-05: Authorizing Archiving of Records. (SKM)
E. Open Container Permit: Wright Brothers, the Building Company is requesting
an open container permit for August 23, 2003 from 2:00 p.m. to 6:00 p.m. to be
used in Merrill Park. (SKM)
F. Appointment of Park and Pathwav Development Committee member: The
Mayor is requesting Council confirmation of the appointment of Cliff Marks to a
two year term. (NM)
G. Re-appointment of Park and Pathway Development Committee members:
The Mayor is requesting Council confirm the appointment of Michael Hummel
and Don Stockton for 3 year terms. (NM)
H. DR-68-02 - Master Sien Plan for the Studio C Buildine - Carol Fipps: Carol
Fipps, represented by Craig Jamieson with Young Electric Sign Company, is
requesting design review approval of the master sign plan for the Studio C
Building including a building wall sign for Studio C. The site is located on the
south side of South Fitness Place within Rocky Mountain Business Park at 500
South Fitness Place.(WEV)
I. DR-71-02 - Master Sien Plan for the Four ProfessionallMedical Office
Buildines within Rockv Mountain Business Park - Dave Evans
Construction: Dave Evans Construction, represented by Shannon O'Mahony
with Idaho Electric Sign Company, is requesting design review approval of the
master sign plan for the four professional/medical office building within Rocky
Mountain Business Park. The site is located north of South Fitness Place and
west of East Iron Eagle Drive at 445 - 457 South Fitness Place. (WEV)
J. DR- 74-02 - Common Area Landscapine within Alderwood Subdivision - .ILl
Enterprises Inc.: ill Enterprises Inc., represented by Phil Hull with The Land
Group, is requesting design review approval of the common area landscaping
within Alderwood Subdivision. The site is located south side of State Street
approxiIIÍately ¥I-mile west of Eagle Road at 825 West State Street. (WEV)
K. DR-76-02 - Two StOry Multi-Tenant Professional Office Buildine within
Eaele River Development - Riverside Group LLC: Riverside Group LLC,
represented by Andrew Erstad with Erstad Thornton Architects, is requesting
design review approval to construct a 18,025-square foot two story multi-tenant
professional office building. The site is located ISO-feet south of Shore Drive
and approximately 1,4oo-feet east of Eagle Road within Eagle River
Development. (WEV)
L. DR-OI-03 - Master Sien Plan for Kittvhawk Plaza - Kittvhawk Investments:
Kittyhawk Investments, represented by Shannon O'Mahony with Idaho Electric
Signs, is requesting design review approval of the master sign plan for
Kittyhawk Investments including building wall signs for Wright Brothers the
Building Company and Kittyhawk Investments. The site is located on the south
side of State Street in alignment with Palmetto A venue at 779 East State Street.
(WEV)
M. DR-02-03 - Multi-Tenant Professional Office Buildine within Eaele River
Development - Shore Drive North LLC: Shore Drive North LLC, represented
by Phil Hull with The Land Group, is requesting design review approval to
construct a 9,792-square foot multi-tenant professional office building. The site
is located on the north side of Shore Drive approximately l,4oo-feet east of
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Eagle Road within Eagle River Development. (WEV)
N. DR-03-03 - Home Improvement Store and Garden Center within Eae:le
Towne and Countrv Centre - Eae:le Development Associates LLC: Eagle
Development Associates LLC, represented by Blair Warehime with Galloway,
Romero and Associates, is requesting design review approval to construct a
lO2,446-square foot home improvement store with a 24,lO8-square foot garden
center. The site is located within Eagle Towne and Country Centre near the
northwest comer of the development, north of State Street between Highway 55
and Horseshoe Bend Road.(WEV)
O. Findine:s of Fact and Conclusions of Law for RZ-6-02 - Rezone from C-l to
C-3-DA - Eae:le River LLC: Eagle River LLC, represented by Bill Clark with
Clark Development, is requesting a rezone from C-l (Neighborhood Business
District) to C-3-DA (Highway Business District with development agreement).
The 1.55-acre site is located on the east side of Eagle Road approximately 800-
feet south of State Highway 44. (WEV)
P. Arbor Day Proclamation: Proclamation to declare June 7, 2003 as Arbor Day in
Eagle. (NM)
Sedlacek moves to remove Item #4J from the Consent Agenda. Seconded by Bastian. ALL
A YE: MOTION CARRIES.............
Bastian moves to remove Item #4P from the Consent Agenda. Seconded by Sedlacek. ALL
AYE: MOTION CARRIES.................
Bastian moves to approve the Consent Agenda as amended. Seconded by Sedlacek. ALL
AYE: MOTION CARRIES..............
4J. DR- 74-02 - Common Area LandsC8pine: within Alderwood Subdivision - JLJ
Enterprises Inc.: ill Enterprises Inc., represented by Phil Hull with The Land Group, is
requesting design review approval of the common area landscaping within Alderwood
Subdivision. The site is located south side of State Street approximately Vz-mile west of Eagle
Road at 825 West State Street. (WEV)
Mayor introduces the issue.
Discussion on the pressurized irrigation and the lateral users.
Zoning Administrator Vaughan: Displays an overhead of the landscaping plan and discusses the
berm. General discussion.
Phil Hull, representing the applicant, the berm is actually going be a 9' berm plus a 4' fence in
addition to tree plantings. General discussion.
Sedlacek moves to approve DR-74-O2 - Common Area Landscaping within Alderwood
Subdivision - ill Enterprises Inc. with one change: to increase the berm from 4' to 6' and
decrease the fence from 6' to 4'. Discussion on the fence. Sedlacek withdraws the motion.
Council discussion on the type of fence to be on the berm and further discussion on the height of
the berm.
Bastian moves to continue DR-74-02 - Common Area Landscaping within Alderwood
Subdivision - JLJ Enterprises Inc. to the City Council meeting on March 25, 2003.
Seconded by Nordstrom. ALL AYE: MOTION CARRIES...............
4P. Arbor Dav Proclamation: Proclamation to declare June 7, 2003 as Arbor Day in Eagle.
(NM)
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Mayor: I removed the Arbor Day Proclamation from the Consent Agenda as I feel that
Proclamations need to be read. Mayor reads the Arbor Day Proclamation.
Bastian moves to approve the Arbor Day Proclamation. Seconded by Nordstrom. ALL
AYE: MOTION CARRIES....................
5. FINAL PLATS:
A. FPUD-5-02 & FP-15-02 - Final Development Plan and Final Plat for Brookwood
Subdivision No.7 - Aries Development LLC.: Aries Development, LLC, represented by Mike
Hormachea, is requesting final development plan and final plat approval for Brookwood
Subdivision Phase 7, a 63-10t (48-buildable, 15-common) residential subdivision. This 41.87-
acre 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)
Mayor introduces the issue.
Mike Hormachea, Aries Development, 1101 W. River Street, Boise.
Mayor swears in Mike Hormachea.
Mike Hormachea displays an overhead of the site plan and provides Council an overview of
Phase 7. Discussion on water in crawl spaces of homes in Brookwood.
Zoning Administrator Vaughan: Displays a site plan and provides Council an overview of the
project. General discussion.
Nordstrom: On the issue of FPUD-5-02 & FP-15-02 - Final Development Plan and Final
Plat for Brookwood Subdivision No.7 - Aries Development LLC. I move that we accept the
Staff Report as presented with the exception that Item #5 be stricken from the Site Specific
Conditions. Seconded Bastian. Discussion. TWO AYES: ONE NAY: MOTION
CARRIES..... ...... .....
6. UNFINISHED BUSINESS:
A. ITD - Eaele Bvpass Appeal: (NM)
Mayor introduces the issùe.
City Attorney Buxton: With regard to the signal our request has been denied. I have talked to
several people including Barry Marcus and Bill Clark who are the property owners who are
affected by this decision. We believe that it is in the City's best interest to appeal that decision
for judicial review. Mr. Marcus has provided me with a rough draft of the petition on appeal and
I am working on this. It needs to be finalized by the 18th. We believe that their decision was
arbitrary and capricious and that they had no basis in the record for the decisions they made and
the findings that they made.
General discussion.
Nordstrom moves to have the City Attorney fIle an Appeal to challenge the validity of the
decision of ITD in the matter of putting a signalized intersection at the Plaza Drive
intersection with Highway 44, and that we must continue to do battle where we must with
this entity that doesn't seem to recognize the needs of the people in a smaller
geographically defined area like a City. Seconded by Sedlacek. ALL AYE: MOTION
CARRIES.. .... ...... .........
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City Attorney Buxton: With regard to this. I do know that Eagle Gravel will appeal with us and
Eagle River will more than likely appeal with us. I would like to be able to contact some of the
other entities that were involved. General discussion.
SEDLACEK moves that the City Attorney be authorized to coordinate her efforts with
Compass, other agencies and private stakeholders with the preference that out City
Attorney take the lead. Discussion. Seconded by Nordstrom. ALL AYE: MOTION
CARRIES... ........ ......
7. PUBLIC HEARINGS: None
8. NEW BUSINESS:
A. Review of Request for Proposals for a consultant to analvze the Idaho Power
Transmission lines. (WEV)
Mayor introduces the issue.
Zoning Administrator Vaughan: Provides Council with an overview of the process for request of
proposals and the proposals submitted for the consultant to analyze the Idaho Power
Transmission lines.
General discussion. The City Engineer has not reviewed the proposals.
Further general discussion.
Bastian moves to continue this item to the next City Council meeting on March 25, 2003 to
give the City Engineer an opportunity to review the proposals. Seconded by Nordstrom.
ALL AYE: MOTION CARRIES.....................
B. LS-1-03 - Lot Split - Carolvn Hawk: Carolyn Hawk is requesting approval of a lot split
for the creation of two lots located on the north side of West Floating Feather Road
approximately 750-feet east of Ballantyne Road at 1800 West Floating Feather Road. (WEV)
Mayor introduces the issue.
Zoning Administrator Vaughan: Displays an overhead of the site and provides Council an
overview of the application for the lot split. Staff recommends denial of the proposed lot split.
General discussion.
Bastian moves to approve LS-1-03 - Lot Split - Carolyn Hawk with the following Site
Specific Conditions of Approval: 1. Applicant shall payment to the City for all engineering
fees incurred for reviewing this project prior to the City Clerk signing the lot split record
of survey; 2. Revise the lot split record of survey title block to read: "lot split record of
survey"; 3. Revise the lot split record of survey title in the lower right corner above the
names Kennedy, Carroll and Hawk to read "Lot Split record for survey 4"; 4. Revise the
lot split record of survey to include a certificate of owners and an acknowledgment and
endorsement; 5. Revise the lot split record of survey to include a note designating the site to
be Zoned RE; 6. Revise the lot split record of survey to include a status of adjacent
properties, example unplatted etc.; 7. Revise the lot split record of survey to change the
configuration of Parcel B to a minimum of 1.8 acres in area and excludes the area shown as
prescriptive right-of-way; 8. A building permit will be required to be obtain from the City
prior to any construction; 9. File a recorded copy of the lot split record of survey with the
City prior to issuance of any building permit; 10. Provide a note on the record of surveyor
a separate recorded easement document that shows a cross access easement to both parcels
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or property; and meet all Standard Conditions of Approval.. Seconded by Sedlacek.
Discussion. Council Member Sedlacek: I would like for the public record to state that the
Council is aware that because the building is on a diagonal, the existing building, that it
does not meet our minimum set back requirements, however after due diligence we find
that there is no impacted zones within the area and therefore we don't deem this to be
setting a precedence and we look at this on a case by case basis. Council Member
Nordstrom: I would like to include as Site Specific Condition #11 the following: Both lots
are owners of and responsible for the maintenance and care of the shared access roadway.
Maker of the Motion and the Second concur. ALL AYE: MOTION CARRIES................
Mayor calls a recess at 9:20 p.m.
Mayor reconvenes at 9:30 p.m.
C. Discussion on Commuter Ride: (NM)
Mayor introduces the issue. This is Commuter Bus and the name needs to be amended.
Discussion on the amount of money assessed to the City of Eagle and the number of riders from
the City of Eagle. General discussion.
Council Member Bastian: I have thought about this a great deal and have come to the following
conclusion. I think that we should encourage public transportation. We have a good number of
people who depend on this bus and ride on a regular basis. That is better than our track record
has been in the past. Public transportation does a number of things; it provides less pollution,
less traffic congestion, fewer parking spaces are needed, and conservation of fuel. I think it is the
right thing to do. Do we have the right bus, the right cost and are we being fairly taxed for the
use of this bus? These issues I have questions about. Discussion on the costs assessed to the
Cities. Costs need to be addressed. Even though we agree this time; next time around we are not
agreeing to the formula.
General discussion.
Rena McKeen, employed by Valley Ride, discusses the program and the formula and
assessments to the cities.
Connie Spence, provides Council an overview of the program and how the funding formula was
arrived at.
Sedlacek moves to support the Commuter Bus funding during this critical need stage for
the time period of 3/31/03 to 9/30/03 for the amount of $3,250.00 and that the process be
reviewed prior to fiscal year 2004. Seconded by Bastian. ALL AYE: MOTION
CARRIES.........
D. Review and action on the DroDosed Cultural Arts Committee Budeet: (SKM)
Mayor introduces the issue.
City Clerk Moore: Discusses the projects and the request for funding.
Bastian moves to approve all of the requested funding by the Arts Commission except for
the Reid Merrill Public Art Project for a total of $27,930.00. Seconded by Nordstrom.
ALL AYE: MOTION CARRIES..................
Linda Butler reports on the meeting with the Vendors for the City Market.
Discussion on a bronze art project.
E. Review and discussion on draft Ordinance No.437: Ordinance Of The City Of Eagle, Ada
County Idaho, Amending Eagle City Code Title 4 "Public Health And Safety", Chapter 5
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"Animal Control", Sectio,n 1 "Dogs Prohibited In Specified Locations", And Amending Section 4
"Enforcement", Subsection 2 "Administrative Procedure" And Providing An Effective Date.
(SKM)
Mayor introduces the issue.
General discussion. Council would like to move forward with the Public Hearing on March 25,
2003.
Bastian moves to consider Ordinance No. 437 meeting the first meeting requirement by the
title being read once. Bastian reads the title. Seconded by Sedlacek. ALL AYE: MOTION
CARRIES..... ..... ...... .....
F. Review of draft ordinance and resolution lan2Ua2e establishin2 General Business
Re2Ístration procedures and fees. An Ordinance Of The City Of Eagle, Idaho, Requiring All
Businesses Operating Within The City Limits To Register Their Business; Requiring Payment Of
A Registration Fee Established By Resolution; Requiring Annual Renewal Of Such Registration
By Notice To The City Clerk Before The End Of The Previous Calendar Year; Establishing A
Penalty For Failure To Register; And Providing An Effective Date,(SKM)
Mayor introduces the issue.
Bastian moves to continue this matter for notice of public hearing. Seconded by
Nordstrom. Discussion. ALL AYE: MOTION CARRIES................
G. Review of draft laDl!1la2e for credit card policies and procedures: (SKM)
Mayor introduces the issue.
General discussion.
Sedlacek moves to continue this item to the April 22, 2003 meeting. Seconded by Bastian.
ALL AYE: MOTION CARRIES.................
H. Review and discussion of the proposed landscape maintenance a2reement between the
Citv of Ea2le and Albertson's Inc. for maintenance of the landscapin2 to be located on the
northeast corner of State Hi2hwav 44 and Ea2le Road. (WEV)
Mayor introduces the issue.
Sedlacek moves to enter into the landscape maintenance agreement between the City of
Eagle and Albertson's Inc. for the maintenance of the landscaping located on the northeast
corner of State Highway 44 and Eagle Road. Seconded by Nordstrom. Bastian: AYE;
Sedlacek: AYE; Nordstrom: AYE: roll call. ALL AYE: MOTION CARRIES..............
9. REPORTS:
A. Mavor and Council's Report:
Sedlacek: Reports on some issues that have come about at the Skateboard Park. Discussion on
the AdalEagle Park and the BMX Park. There is a meeting with the Ada County Commissioners
at noon on March 27,2003.
Bastian: Reports on the Meridian School District Education Board Meeting last night. I was
received very warmly. The biggest discussion was the new high school, Mountain View High
School, which will be 2,000 students. It will be constructed around an academy format. When
students go to an academy the students score higher and have better attendance. The academy
would be on a block schedule. General discussion.
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I meet with Library Board and they recommended Mr. Baker to us and we took action on that.
The Board did a very good job on finding a new director.
I meet with representatives from the Ada County Sheriffs Department on our contract and the
lease of the new city hall space. They suggested reducing the square footage cost to $8 and make
the split 70130 instead of 60/40. General discussion.
Nordstrom: No report.
Mayor: Reports on meeting with Erv Owen from Compass. Discussion on the restructuring
committee.
Reports on the Blue Ribbon Committee.
Reports on the meeting with Franz Witte and the Dan Friend on using Merrill Park for Eagle Fun
Days. .
Reports on the city park signs and the meeting with Noel Weber.
Discussion on Legislation.
Reports on meeting with Baptist Church.
Reports on the Visionary Committee.
Council discussion on urban boundaries.
Discussion on impact area discussion scheduled on the March 25, 2003 meeting. Sewer District
will be represented at the meeting.
Discussion on Hill Road Park.
B. City Clerkffreasurer Report: The installation of the urinals at Merrill Park should be
completed by the end of this week.
Terri Bath called me and inquired about using Merrill Park for the Easter Egg Hunt. I left a
message for Franz Witte but after meeting with Franz and the Fire Department on the park usage,
as long as they egg hunt is in the areas that are in sod there shouldn't be very much impact.
Council is concerned about the amount of children at the egg hunt. Council concurs not to have
the Park used for the Easter Egg Hunt.
Also, Bosanka Village do not want to continue doing the Easter Egg Hunt and they want to know
if the City would consider taking over the project. Terri thought it cost about $2,000 - $3,000 to
put on the egg hunt. Council feels that this should be taken on by a service group like the Lions
Club. '
C. Zoning Administrator's Report: Discussion on removal of banner signs.
D. City Attorney Report: No report.
10. ADJOURNMENT:
Bastian moves to adjourn. Seconded by Nordstrom. ALL AYE: MOTION
CARRIES................
Hearing no further business, the Council meeting adjourned at 11 :20 p.m.
Respectfully submitted:
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SHARON K. MOORE
CITY CLERKffREASURER
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APPROVED:
.....
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