Minutes - 2003 - City Council - 07/22/2003 - Regular
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ORIGINAL
EAGLE CITY COUNCIL
Minutes
July 22, 2003
PRE-COUNCIL AGENDA: 6:00 p.m. - 7:30 p.m.
I. ZGA will receive guidance on modifications to the new city hall design.
Tom Zabala with ZGA addresses the Council. Zabala introduces the group of consultants in
attendance. Discussion regarding options for redesign, time lines and monetary constraints. A
new scope of work may need to be delineated, and at that point a not to exceed amount can be
established. The Mayor would like to receive the survey back prior to renegotiating with ZGA
for the additional services that may be needed. Discussion.
2. Mayor & Council Reports: Nordstrom attended the pubic hearing for the Idaho Power
transmission line. Relays his impression from the meeting. Discussion regarding the report
submitted to the City by Black and Veatch. Buxton notes that she had met with the PUC's lead
legal counsel regarding the transmission line issue approximately 6 months ago. Perhaps this is
the time that Moore, Smith, Buxton & Turcke sits down and give the Council an analysis of what
the City's options are with regard to it legally in regard to the City's code, as well as Idaho law
and utility federal law. This had not been done yet, but if it is what the City would like done,
then it will be done. Bastian and Nordstrom feel that it is important that the City have a strong
legal stance to insure our desires are carried through by Idaho Power. Discussion. Discussion
regarding perhaps modifying the scope of work for Black and Veatch.
Remaining reports moved to end of agenda.
3. Under Sheriff Raney presents the Strategic Growth Report. Bastian states that he has asked
Under Sheriff Raney to present to the Council. Raney introduces Scott Johnson, Patrol
Commander for the Sheriffs Office, Sgt. Dana Bourquest, Eagle's new sergeant, as well as Lt.
Schneider. Raney reviews the submitted report (attached to minutes), and reviews the
recommendations for fiscal year 2003-2004. Mayor would like to see the costs associated with
the additional staffing requests the Sheriffs Office submitted to Council for review during
budgeting. Raney will provide these figures to the City Clerk.
REGULAR COUNCIL AGENDA: 7:30 p.m.
1. CALL TO ORDER: Called to order at 7:50 p.m.
2. ROLL CALL: Present: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. A
quorum is present.
3.
4.
PLEDGE OF ALLEGIANCE:
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
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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 July 8, 2003.
C. Minutes of July 2, 2003.
D. Open Container Permit: John L. Scott Real Estate is requesting an open
container permit to be used in the main shelter only at Merrill Park on August 5,
2003 from noon until 6:00 p.rn. The have submitted the appropriate fees and
approval from Ada County Sheriff s Office. (SKM)
E. Findines of Fact and Conclusions of Law for CU-3-03 - Two Mobile Offices
(Portable Classrooms) for Eaele Middle School - Meridian Joint School
District No.2: Meridian Joint School District No.2, represented by Hutchison-
Smith Architects, is requesting conditional use approval to install two additional
portable classroom buildings at Eagle Middle School. The site is located on the
north side of West Floating Feather Road approximately II2-mile west of North
Eagle Road at 1000 West Floating Feather Road. (WEV)
F. Findines of Fact and Conclusions of Law for RZ-95-MOD2 - Development
Aereement Modification - Instrument Nos. 95062665 & 101131820 - Eaele
Country PlazalEaele Market Place - Hawkins Companies: Hawkins
Companies, represented by Brian Huffaker, is requesting a modification to the
development agreement approved by the City in 1995 (developed as Eagle
Country Plaza Shopping Center - Eagle Market Place) to erect a monument sign
to be shared with the City of Eagle, and to allow the placement of one directional
sign at each of the two entrances into the shopping center. The 7.5-acre site is
located on the northeast comer of Chinden Boulevard and Eagle Road at 3210
East Chinden Boulevard. (WEV)
Sedlacek moves to approve the consent agenda. Seconded by Bastian.
Discussion. Staff is requesting item F be removed for further clarification.
Sedlacek amends her motion to approve the Consent Agenda removing item F.
Second concurs. ALL A YE...MOTION CARRIES.
F. Findines of Fact and Conclusions of Law for RZ-95-MOD2 - Development
Aereement Modification - Instrument Nos. 95062665 & 101131820 - Eaele
Country PlazalEaele Market Place - Hawkins Companies:
Mayor reviews the need for further clarification.
Bastian moves to approve Findings of Fact and Conclusions of law RZ-95-
MOD2 with the following correction on page 7 of 8 under 3.2.3 the last sentence
shall remain and this findings of fact and conclusions of law shall read "No sign
shall be higher than the roofline of any building or be animated, internally
illuminated or audible." Seconded by Guerber. ALL A YE...MOTION
CARRIES.
Guerber moves to add an item to Unfinished Business, that would be an
agreement for the reimbursement for the cost of acquiring the Olson property,
this will become item E. Seconded by Nordstrom. ALL A YE...MOTION
CARRIES.
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5.
PROCLAMATIONS &. RESOLUTIONS: None
6.
FINAL PLATS: None
7. UNFINISHED BUSINESS:
A. Under Sheriff Raney will present the Strateeic Growth Report. (30 min)
Under Sheriff Raney presented his report in Pre-Council. Mayor Merrill asks if there is anyone
in the audience who wishes to have the report reviewed for their benefit. No one from the
audience chooses to speak. The Mayor thanks the Sheriff s Office for their time.
B. Review and approval of final contract for Gree Smith & Associates. (SEB)
Mayor introduces the item.
Buxton states that she has reviewed the contract with Mr. Smith and the are both agreeable to the
document before Council.
Nordstrom moves to approve the contract with Greg Smith & Associates. Seconded by
Guerber. SEDLACEK, AYE. BASTIAN, AYE: GUERBER, AYE: NORDSTROM, AYE.
ALL A YE...MOTION CARRIES.
C. A representative with Gree Smith & Associates will review information reeardine the
upcomine public opinion survey.
Mayor introduces the item.
Mr. Smith reviews the draft survey. Discussion. There is a need to analyze the data
geographically, thus we need to identify 3 or 4 regions which could be used for the survey. The
strata to be considered shall be delineated as north of Floating Feather, south of Highway 44
Bypass and east or west of Eagle Road.
General discussion.
Bastian would like to have the Mayor appoint herself and two Council members to work as a
committee and come up with options for verbiage on question number 5 on the survey, to be
completed this week or next. Guerber and Bastian will work with the Mayor on this item dollar
amount, square footage and location are the items to be clarified. Discussion.
D. Parks & Pathways - Council authorization for Don Stockton to oversee and neeotiate
construction and labor on the pathwav extension. (WEV)
Mayor introduces the item.
Sedlacek moves to authorize Don Stockton to oversee and negotiate the construction and
labor on the pathway extension on north side of the north channel of the Boise River.
Seconded by Guerber. Discussion. ALL A YE...MOTION CARRIES.
E. Aereement for the reimbursement of the cost of acQuirine the Olsen property.
Mayor introduces the item.
Buxton reviews the document.
Sedlacek moves to approve and accept the agreement for the reimbursement of the cost of
acquiring the Olsen property and authorize the Mayor to sign this agreement and any
other necessary ancillary documents. Seconded by Guerber. SEDLACEK, AYE:
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BASTIAN, AYE: GUERBER, AYE: NORDSTROM, AYE. ALL A YE...MOTION
CARRIES.
8. PUBLIC HEARINGS:
A. CPA-4-02/A-3-02/RZ-S-O2 - Comprehensive Plan Amendment from Residential Two to
Mixed Use/Annexation and Rezone from RUT to MU-DA (Mixed Use with Development
Aereement and Rezone from R-2 to MU-DA (Mixed Use with Development Aereement)-
B.W. Eaele. Inc.: B.W. Eagle, Inc., represented by Dan Torfin, is requesting a Comprehensive
Plan Amendment to change the land use designation on the Comprehensive Plan Land Use Map
from Residential Two (up to two dwelling units per acre) to Mixed Use, an annexation and
rezone from RUT (Rural Urban Transitional) to MU-DA (Mixed Use with Development
Agreement) and a rezone from R-2 (Residential-up to two dwelling units per acre) to MU-DA
(Mixed Use with Development Agreement). The site is located on the east side of Eagle Road
approximately lOoo-feet north of Chinden Boulevard. (WEV) The public hearing remains open
for written testimony only. Must be received by 5 working days prior to meeting. This item was
continued from the July 8, 2003 meeting.
Mayor introduces the item.
Buxton reviews items in the development agreement.
Steve Bradbury representing B.W. Eagle Inc. discusses his clients concerns regarding the
requirement of sidewalk placement on property not owned by the applicant.
Buxton reviews changes to the development agreement. Vaughan provides additional
clarification and information. Discussion.
Mayor swears in Mr. Torfin.
Dan Torfin representing B.W. Eagle. Mr. Torfin addresses the street light issues in the proposed
development agreement.
Bastian move to approve CPA-4-02lA-3-02/RZ-S-O2 - Comprehensive Plan Amendment
from Residential Two to Mixed Use/Annexation and Rezone from RUT to MU-DA (Mixed
Use with Development Agreement and Rezone from R-2 to MU-DA (Mixed Use with
Development Agreement) B.W. Eagle, Inc. with all of the changes suggested this evening.
Seconded by Nordstrom. Discussion. Bastian amends his motion that approval is subject
to final review of the findings of fact and conclusions of law and the final development
agreement. Second concurs with amendment. ALL A YE...MOTION CARRIES.
B. ZOA-S-O3 - Zonine Ordinance Amendment - City of Eaele: The City of Eagle is
proposing to amend Eagle City Code Title 9 "Subdivisions", Chapter 3 "Design Standards",
Section 2 "Streets and Alleys", Subsection 5 "Private Streets", to remove the provision for
private streets except in limited circumstances where existing conditions preclude the feasibility
for the dedication of public right-of-way. This item was continuedfrom the July 8,2003 meeting.
(WEV)
Mayor introduces the item.
Vaughan reviews the staff report.
Larry Sale with ACHD. Discussion of standards for public streets, required by ACHD, the fire
department and the City of Eagle. Nordstrom suggests that the City of Eagle chooses not to have
private streets, and to look to the guidelines and the flexibility of Ada County design standards, if
there are extraordinary circumstances then City could take action. Staff to draft language similar
to what stated by Council member Nordstrom to incorporate into the code.
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Bastian states that if the City is going with a public street and it is fairly narrow that room for
curbs and gutters should be required. Current code provides for "rolled curbs". A standard
requiring vertical curbs and gutters is needed to avoid the "rolled curbs". Discussion.
Nordstrom would like to direct staff to include Council member Bastian's comments about curbs
into the revised language.
Mayor opens the public hearing.
Bastian moves to continue this item to the next regular meeting and direct staff to come
back with language as proposed tonight. Seconded by Guerber. Discussion. ALL
A YE...MOTION CARRIES.
C. A-I-OJ & RZ-I-03 - Annexation and Rezone From RUT to R-4 - Donna Weston: Donna
Weston, represented by Roylance & Associates, is requesting an annexation and rezone from
RUT (Rural Urban Transitional) to R-4 (Residential- up to four dwelling units per acre). The
5.03-acre site is located on the west side of Horseshoe Bend Road approximately 1,150-feet
south of Floating Feather Road, at 10895 Horseshoe Bend Road. The applicant is requesting this
item be continued to the August 12, 2003 meeting. (WEV)
Guerber moves to continue item 8C to the August 12th meeting. Seconded by Bastian.
ALL A YE...MOTION CARRIES.
9. NEW BUSINESS:
A. Discussion ree:ardine: public works position. (NM)
Mayor introduces the item.
Vern Brewer discusses a public works position as it applies to the City of Eagle. Council
questions what the salary range would be. With this being more of a part-time (1-2 days a week)
how would we incorporate this position. Sedlacek states that she ultimately envisions the
position, when it goes full time, to do public works and code enforcement or public works and
something else. Feels we need a "go to" person. Sedlacek suggests Vern turn this over to
Sharon and Bill to see if they can come up with a salary range for a contract position. The City
Attorney should be involved to draft the language. The current budget needs to be reviewed to
see if it is feasible to add this contract person this year, if so we will need to advertise for the
position. Brewer states that Holladay has drafted organizational chart, which he will share with
the City.
Mayor would like to move forward and have Susan, Bill and Sharon look at budget figures and
have Vern bring back the organizational chart.
B. Discussion ree:ardine: relocation of entry sie:n to WinCo site. (WEV)
Mayor introduces the item. Discussion.
Mark Butler states that Charlie Wood owns property off of State Street near where it branches
off of Highway 44 near Edgewood. The Chamber of Commerce requested Butler contact Mr.
Wood regarding the placement of directional signage Le. restaurants, shopping, etc. Butler
proposed to Mr. Wood that there is a minimum 20' set back on this property and if he (Mr.
Wood's) would grant an easement to the City, then City could then come in and landscape it (not
the whole frontage, but perhaps a portion). According to Butler, Mr. Wood's was agreeable.
The Chamber would need the City's endorsement that it is an appropriate location, and secondly
some money so that The Land Group or someone could draw up a plan on how it would work
there.
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Mayor would like to have WinCo pay for the landscaping of this site as they are acquiring the
advantage of the signage owned by the City. Guerber states that the directional signage could be
placed where the current entry sign is and save in landscaping costs. General discussion.
Council would like the Clerk to look at the budget to find at least partial funding to replace the
entry signage.
Bastian moves to approve the relocation of the eastern welcome to entry Eagle sign as
proposed in the July 17,2003 document. Seconded by Nordstrom. Discussion. Vaughan
clarifies that the site where the sign is being removed from, is going to be the site that a
replacement sign will go on. So the plan approved by the DR Board which showed
landscaping in that area will likely not be plan that will be moved forward with as, we are
instead going to put a sign in that location. The correlation of this move should be done
under fiscal year 2004. ALL A YE...MOTION CARRIES.
Larry Sales addresses Council regarding a street tree in Eagle River that was blocking a stop
sign. Merrill states that staff contacted the developer the day after his report. Sale draws
Council's attention to the upcoming road construction on Chinden.
Cerda to forward an update to Larry Sale regarding action on the Eagle River tree.
Vern Brewer gives updates on numerous projects. Has been working on the pathway to the east
and west, meetings have been held with the Army Corps and applications have been submitted.
There are wetland issues which Holladay is working through. Discussion regarding bridges, 404
applications and the work that Don Stockton has been doing. Holladay Engineering will be
working on the water delivery system on Hill Road.
10. EXECUTIVE SESSION:
A. Pending or threatened litigation. I.e. § 67-2345(f)
Nordstrom moves to go into executive session to discuss pending litigation. Seconded by
Bastian. SEDLACEK, A YE:BASTIAN, A YE:GUERBER, AYE. NORDSTROM, AYE.
ALL A YE...MOTION CARRIES.
Council discusses pending litigation.
Council leaves Executive Session.
Sedlacek moves to have the City of Eagle to waive their application fees for the sign
application as a an offer to settle the appeal filed by Busters to the Idaho Supreme Court,
Seconded by Bastian. SEDLACEK AYE: BAST AIN, AYE: GUERBER, AYE:
NORDSTROM. ALL AYE.. .MOTION CARRIES.
11. REPORTS:
1. Mayor & Council Report: Guerber has nothing to report. Bastian reviews his meeting with
the Library Board. Ron Baker has done an analysis of the Library and Bastian will copy that to
Council. Mayor is meeting with Robin Dodson with Idaho State University. She is also meeting
with Alan Yarrington, Joe Raush, the State Electrical and Plumbing inspectors, Mike Mongelli,
and Stan to discuss the problems with the water feature. Also discusses problems that have been
occurring with the watering system at Merrill Park. Reviews her meeting with COMPASS
yesterday.
2. City Engineer Report: City Engineer reported on progress of the pathway construction.
3. City Clerkffreasurer Report: Clerk reminds Council of upcoming meetings on July 30,
August 5th, and August 19th. The meeting of August 19th will begin at 6:00 p.m.
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4. Zoning Administrator's Report: Zoning Administrator reported on the code enforcer and
Deputy City Clerk commented on the benefits she has seen from having the code enforcer
available. Requests staff research what other communities are doing about street vendors, for
example Hailey or Sun Valley.
5. City Attorney Report: City attorney reported on need to provide analysis on Idaho Power
transmission line issue, and discussed letter to council regarding options for financing the City
Hall.
Mayor notes a recent article in which a Charter School was requesting 10 acres on the 85 acre
Sports Complex site to develop a school. She would like this discussed at the July 30th meeting.
Guerber will not be at 3:30 p.m. but will make it to the 5:30 p.m. meeting. Mayor will not be in
attendance.
12.
ADJOURNMENT:
Guerber moves to adjourn. Seconded by Nordstrom. ALL AYE: MOTION
CARRIES...
Hearing no further business, the Council meeting adjourned at 11 :45 p.m.
Respectfully submitted:
a Cv-\.-{~ ~ ~ (~
"'---SHARON K. MOORE
CITY CLERKffREAS URER
APPROVED:
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