Minutes - 2003 - City Council - 08/12/2003 - Regular
v
ORIGINAL
EAGLE CITY COUNCIL
Minutes
August 12, 2003
PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m.
1. Larry Sale with ACHD will make himself available to answer questions regarding the ACHD
Advisory Committee report on management of transportation resources in Ada County. Larry
Sale, Liaison from ACHD answers Council's questions on the ACHD Advisory Committee's final
report on Management of Transportation Resources in Ada County, Findings and
Recommendations. General discussion.
Discussion on Memorandum of Understanding with ACHD.
Discussion on the ACHD property on Hill Road.
2. Crane Johnson will discuss the Capital Holiday Tree program. Distributes information to the
Council and discusses the Capital Holiday Tree program. Discussion on the ornaments from
Idaho for the tree. Crane is requesting an estimate of $1,200 and she has put a grant request into
the Arts Commission. General discussion.
3. Ada County Sheriffs monthly report. Sgt. Dana Borgquist distributes the monthly report and
discusses the same. General discussion.
4. Mayor and Council's Report:
Sedlacek: No report
Bastian: No report
Discussion on the School District policy on "mile walk zone". Council would like a letter sent to
the School District expressing their concerns.
Mayor: Reports on the meetings she has attended involving the structure of Compass. General
discussion. Discussion on the MPO.
Our arborist, Keith Atkins, is going to be applying for some grants. One grant is to do a
complete tree inventory. The other grant would deal with the trees that will be planted at the Hill
Road Park and planting strips. Also plantings in the Aikens area.
I walked the pathway with Don Stockton and the pathway has been cleared and the bridges
should be here next week. The engineering for the pedestrian walk way is almost complete.
Steve and I will be at meeting on Monday the 18th with ITD.
Guerber: Air Quality Board meeting is tomorrow.
5. City Engineer Report: Moved to the end of the Agenda
6. City Clerkffreasurer Report: Moved to the end of the Agenda.
7. Zoning Administrator's Report: Moved to the end of the Agenda
8. City Attorney Report: Moved to the end of the Agenda
REGULAR COUNCIL AGENDA: 7:30 p.m.
1. CALL TO ORDER: Mayor Merrill calls the meeting to order at 7:45 p.m.
2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. 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
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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. Minutes of July 22, 2003
C. Minutes of August 5, 2003.
D. Appointment to the Cultural Arts Commission: The Mayor is requesting
Council confirmation of the appointment of Linda Goldman to the Cultural Arts
Commission. Ms. Goldman will be fulfilling the remainder of a vacated term,
which will expire on September 14, 2003. (NM)
E. Beer & Wine license application: Treasure Valley Chevron dba: Beacon Light
Chevron (located at 12795 Beacon Light) is requesting approval of a beer and
wine license for consumption off premises only. (SKM)
F. Wine license application: Carla Donica & Steve Pyle dba: Peddlers (located at
228 E. Plaza Dr. Ste. P) is requesting the approval of a wine license for
consumption off premises only. (SKM)
G. DR-26-03 - Master Shm Plan for The Land Group Multi-tenant Office
Buildine - Shore Drive North. LLC: Shore Drive North, LLC, represented by
Phil Hull with The Land Group, is requesting design review approval of a master
sign plan for The Land Group multi-tenant office building. This application
includes a building wall sign for The Land Group, wall sign criteria for
additional tenants within the building, and a monument sign which identifies the
name of The Land Group building and the building proposed on the pad site to
the east of this site. The site is located within the Eagle River Development on
the north side of East Shore Drive approximately 1,300-feet east of Eagle Road
at 462 East Shore Drive. (WEV)
H. DR-27-03 - Westmark Credit Union with Drive UP within Eaele River
Development - Westmark Credit Union: Westmark Credit Union, represented
by Neivell Goldsberry with Sundberg and Associates, Inc., is requesting design
review approval to construct a 5,741-square foot bank facility with drive up
service within Eagle River Development. The site is located on the northeast
comer of East Eagle River Drive and Eagle Road at 54 East Eagle River Drive.
(WEV)
1. Findines of Fact and Conclusions of Law for CPA-2-02 -
Comprehensive Plan amendment to establish a Land Use Desienation
of Commercial and westerly expansion of the City's Area of Impact
Boundary - Bob and Laree Van Treeck: Bob and Laree Van Treeck,
represented by Land Consultants, Inc., are requesting a westerly expansion
to the City's Impact Area Boundary to include the 2.03-acre site located on
the southwest corner of State Highway 44 and Linder Road at 20 I Linder
Road. The applicant is also requesting a comprehensive plan amendment
to include the site into the City's Land Use Map as Commercial. (WEV)
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J. Findim!s of Fact and Conclusions of Law for CPA -3-02 & RZ-4-02 -
Comprehensive Plan Amendment From Residential Four to Mixed Use and
Rezone With Development Al!:reement From R-4 to MU-DA - Javo
Construction Inc.: Jayo Construction Inc., represented by Doug Jayo, is
proposing a Comprehensive Plan Amendment to change the land use designation
on the Comprehensive Plan Land Use Map from Residential Four (up to four
dwelling units per acre) to Mixed Use, and a rezone from R-4 (Residential - up to
four dwelling units per acre) to MU-DA (Mixed Use with Development
Agreement). The site is located on the south side of Floating Feather Road
approximately 250-feet west of Eagle Road, at 135 Floating Feather Road.(WEV)
K. Findinl!:s of Fact and Conclusions of Law for CPA-4-02/A-3-02/RZ-S-02-
Comprehensive Plan Amendment from Residential Two to Mixed
Use/Annexation and Rezone from RUT to MU-DA (Mixed Use with
Development A2reement and Rezone from R-2 to MU-DA (Mixed Use with
Development Al!:reement) - B.W. Eal!le 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 WOO-feet north of Chinden
Boulevard. (WEV)
L. Findin2s of Fact and Conclusions of Law for CPA-S-02 - Impact Area
Boundarv Adjustment and Comprehensive Plan Amendment - Briar Creek
LLC.: Briar Creek LLC, represented by Land Consultants, Inc., are requesting a
westerly expansion to the City's Impact Area Boundary to include the 14-acre
site is located approximately 12oo-feet north of State Highway 44 at 767 N.
Linder Road. The applicant is also requesting a Comprehensive Plan
Amendment to include the site into the City's Land Use Map as Residential Two
(up to two dwelling units per acre). (WEV)
M. Re-appointment to the Historical Preservation Commission: The Mayor is
requesting Council confirmation of the re-appointment of Theresa Steach and
Lois Kunkler to the Historical Preservation Commission. Both will be serving 3
year terms. (NM)
N. ReQuest for Funds ICDBG Prol!:ram - Mercv Housinl!:: Approval of request
#007 of ICDBG funds in the amount of $1062.00 to reimburse Mercy Housing
for project administration costs and to authorize the Mayor to sign the Request
for Funds document. (SKM)
Bastian moves to approve the Consent Agenda with a roll call vote. Seconded by Guerber.
Discussion. Nordstrom removes Item #K from the Consent Agenda. Bastian and Guerber
concur. Bastian: AYE; Sedlacek: AYE; Guerber: AYE; Nordstrom: AYE: ALL AYE:
MOTION CARRIES...............................
K. Findinl!:s of Fact and Conclusions of Law for CPA-4-02/A-3-02/RZ-S-02-
Comprehensive Plan Amendment from Residential Two to Mixed Use/Annexation and
Rezone from RUT to MU-DA (Mixed Use with Development A2reement and Rezone from
R-2 to MU-DA (Mixed Use with Development Al!:reement) - B.W. Eal!le Inc.: B.W. Eagle,
Inc., represented by Dan Torfin, is requesting a Comprehensive Plan Amendment to change the
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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)
Mayor introduces the issue.
Nordstrom: I pulled this item to make sure that everything has been reviewed and are in place.
City Attorney Buxton and Planner Lowe state that the Development Agreement has been
reviewed and everything is as represented and is ready to be approved.
Nordstrom moves to approve the Findings of Fact and Conclusions of Law for CP A-4-
02/A-3-02/RZ-5-02 - 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).
Seconded by Sedlacek. Bastian: AYE; Sedlacek: AYE; Guerber: AYE; Nordstrom: AYE:
ALL AYE: MOTION CARRIES................................
5. PROCLAMATIONS & RESOLUTIONS: None
6. FINAL PLATS:
A. FPUD-5-03 & FP-7-03 - Final Development Plan and Final Plat for Two Rivers
Subdivision No.8 - T. R. Companv LLC.: T. R. Company LLC, represented by Dan Torfin, is
requesting final development plan and final plat approval for Two Rivers Subdivision No.8, a
36-10t (28-buildable, 8-common) residential subdivision. This 21.63-acre phase of Quarter Circle
Ranch PUD is located on the west side of Eagle Road approximately 16oo-feet south of State
Highway 44. (WEV)
Mayor introduces the issue.
Dan Torfin, representing T.R. Company, displays an overhead of the concept plan and discusses
the same. General discussion.
Planner Lowe: Discusses the change in the cul-de-sac and the lots surrounding the cul-de-sac.
The net affect of this phase is one lot less than proposed. Discussion on dedicating the right-of-
way and the path will be constructed along the Chevron Pipeline. General discussion.
Sedlacek moves to approve FPUD-5-03 & FP-7-03 - Final Development Plan and Final Plat
for Two Rivers Subdivision No.8 with all of the Site Specific and Standard Conditions of
Approval. Seconded by Bastian. ALL AYE: MOTION CARRIES..................
7. PUBLIC HEARINGS:
A. V AC-3-03 - Vacation to the final plats of Amended Winward River Heil!hts Subdivision
and Clearvue Estates Subdivision - Ronald C. Yanke: Ronald C. Yanke, represented by Mike
Ford, is requesting a vacation to the final plats of Amended Winward River Heights Subdivision
and Clearvue Estates Subdivision to remove an Ada County Highway District right-of-way. The
right-of-way consists of the northern extension of Meridian Road, north of the intersection of
Meridian Road and West River Heights Drive and generally abutting Lot I, Block 3, of Amended
Winward River Heights Subdivision and Block 12, of Clearvue Estates Subdivision. (WEV)
Mayor introduces the issue.
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Planner Lowe: Displays overheads of the site plan and discusses the application for a
vacation.
Council swears in Mike Ford.
Mike Ford, I am representing Ronald C. Yanke, we accept the staff report and staff's
recommendations and conditions. General discussion on the right-of-way.
Mayor opens the Public Hearing
Mayor closes the Public Hearing
Nordstrom moves to approveV AC-3-03 - Vacation to the final plats of Amended
Winward River Heights Subdivision and Clearvue Estates Subdivision as presented
with all staff recommendations. Seconded by Guerber. ALL AYE: MOTION
CARRIES.................. ..
B. A-I-03 & 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,l50-feet south of Floating Feather Road, at 10895 Horseshoe Bend
Road. (WEV)
Mayor introduces the issue.
Planner Lowe: Displays a site plan showing the project location and discusses the same. General
discussion.
Mayor swears in Jason Densmer.
Jason Densmer, I am representing Mr. and Mrs. Weston who live on the property, discusses the
concerns that the Planning and Zoning Commission had and the reasons for their denial.
Discussion on the non-conforming use. Discussion on the development of the property.
Mayor swears in Daniel Weston.
Daniel Weston, applicant, I am testifying for my wife. There will be no subdivision until I die. I
have diagnosed with terminal cancer and this will be my life insurance for my wife and 6
children. This is the only reason we are requesting the rezone and annexation at this time. My
wife runs a mortgage company. My wife's goal would be to develop the back 2 1/2 acres first.
We are the mercy of the City Council to give me a life insurance policy for my children. We are
just asking to do what the City of Eagle has already proposed to do with this area.
Mayor opens the Public Hearing.
Mayor swears in Diana Molenaar.
Diana Molenaar, 10845 Horseshoe Bend Road, I represent quite a few people within the area of
impact. Discusses the feasibility of supplying fire and police protection. Is it economically
feasible for the City to annex this property. The trailer was supposed to be moved, it is an eye
sore. General discussion.
Donna Weston, I am the applicant. I don't feel that I should have to wait for my neighbors. I
have heard several complaints about my trailer. I am in complete compliance with Ada County.
They are misleading with their information. I am making an addition to my house and that is
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why the trailer is there. I run a mortgage company that is done by phone and fax. General
discussion.
Mayor closes the Public Hearing.
General Council discussion.
Bastian moves to deny A-I-03 & RZ-I-03 - Annexation and Rezone From RUT to R-4
for the same reasons the Planning and Zoning Commission denied the application.
Seconded by Sedlacek. Discussion. ALL AYE: MOTION CARRIES...........
Nordstrom moves to initiate a letter to all of the landowner's to find out how they feel
about annexation and having a town hall meeting to meet with the Mayor and Council to
discuss annexation of these parcels of property. Seconded by Guerber. Discussion. TWO
AYES: TWO NAYS: MAYOR VOTES AYE: MOTION CARRIES................
Farrell Ferguson, Mrs. Weston is going in the right direction. I have had several offers. We are
all going to sell but we would like to get more money. When the money is right we will come to
the City to request annexation.
C. ZOA -5-03 - Zonine Ordinance Amendment - Citv 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. Staff is requesting this item be continued to the August
22, 2003 meeting. (WEV)
Mayor introduces the issue.
Guerber moves to continue this item to the August 26, 2003 City Council meeting.
Seconded by Bastian. ALL AYE: MOTION CARRIES............................
D. Ordinance No. 450: An ordinance for the City of Eagle, Ada County, Idaho, repealing Title
6, Chapter 3, Section 3 "Library Borrower's Cards" and replacing it with a new Title 6, Chapter
3, Section 3; and providing an effective date. (SKM)
Mayor introduces the issue.
City Clerk Moore: This ordinance is to update the Library's code section on borrower's cards.
Mayor opens the Public Hearing.
Nordstrom 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 #450 be considered after being read once by title only.
Nordstrom reads Ordinance #450 by title only. Seconded by Guerber. ALL AYE:
MOTION CARRIES................
Nordstrom moves that Ordinance #450 be adopted. Seconded by Guerber. Bastian: AYE;
Sedlacek: AYE; Guerber: AYE: Nordstrom: AYE: ALL AYE: MOTION
CARRIES..............
E. Ordinance No. 451: An Ordinance for the City of Eagle, Idaho, Amending Eagle City
Code, Title 4, Chapter 3, Section 1 "Definitions", Section 3 "Notice", Section 5 "Appeal", and
Section 6 "Enforcement", And Repealing Title 4, Chapter 3, Section 7 of the Eagle City Code;
and adding an effective date. (SKM)
Mayor introduces the issue.
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City Attorney Buxton: There are some areas of this ordinance that need to be addressed and
changed. I would like to have the Council continue this ordinance.
Guerber moves to continue this item to the August 26, 2003 City Council meeting.
Seconded by Sedlacek. ALL AYE: MOTION CARRIES...........................
8. NEW BUSINESS:
A. 03-15-S/O3-08-ZClO3-06-DAlO3-13-PBA - Rezone from RUT (Rural Urban Transition)
to R4 (Medium Densitv Residential- 4-units oer acre) with a develooment ae:reement and a
orooertv boundarv adjustment and oreliminarv olat for Senora Creek Subdivision
Goldcreek Develooers. LLC.: Goldcreek Developers, LLC, represented by Jane Suggs, is
requesting a rezone from RUT (Rural Urban Transition) to R4 (Medium Density Residential)
with a development agreement, a property boundary adjustment and preliminary plat approval for
Senora Creek Subdivision, a 44.02-acre, 61-10t (55-buildable, 5-common, I-school) residential
subdivision located on the east side of Linder Road approximately lA-mile north of State
Highway 44. This site is located in the Eagle Area of Impact. (WEV)
Mayor introduces the issue.
Planner Lowe, at the Planning and Zoning Commission meeting I declared a conflict of interest.
One of the partners in Goldcreek Developers employees my wife.
Jane Suggs, representing the applicant, displays overheads and provides an overview of the
request for a rezone to the Council. This area is in the area of impact of Eagle and you will be
making a recommendation. General discussion.
Jim Jewett, developer, we have a contract with School District to do a trade. Discussion on the
tax base for the size of lots proposed. General discussion.
Mr. Bingham, representing Meridian School District desire to retain this property for a school
site. Discusses the zoning in the area where the schools are to be located to determine the
number of students. General discussion.
Council Discussion:
Guerber: In my mind is something that says this is what we want to see happen. The problem is
that this is located where we don't want to see this kind of density. When we changed the
Comprehensive Plan to allow this kind of density out there this is not what we had in mind. We
keep talking about what is going to happen between this area and Star. Are those going to be
higher density areas? We need to get something in place with Star so that we know where we are
going and determine what is going to happen in these areas. If this was closer to town it would
fit with what we have talked about what we have wanted to see from the stand point of density.
This isn't something that we have anticipated.
Bastian: My big concern is that we have Sedona. Mr. Evans came in and proposed that, we
denied it; it went to the County and was approved. This will also go to the County and be
approved. This doesn't exactly meet our Comprehensive Plan and what our vision of the area is.
We miss an opportunity on the tax base and we have a school there that is part of the community.
This will provide housing for people who are not financially able to build a house in other parts
of Eagle. This doesn't fit our Comprehensive Plan. We are seeing some transition going on
here. Developers are saying that here is an alternative to what you have proposed. I think that
we will be missing out on $14M in tax base and if the County keeps the parcel of land out of the
City then it gets developed and we have no control over it, I just don't like it.
Sedlacek: We represent the citizens of the City of Eagle and we worked very hard on that
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Comprehensive Plan and we saw the developer of Sedona Creek come in and pull this on us. We
have a development that wants to capitalize two ways. They want to capitalize on all of the good
things Eagle has done, the reputation we have built and the higher property values. They also
want to capitalize on the fact that Ada County might allow this development. The County
Commission that allowed Sedona is gone. Ada County sat on our Comp Plan for a year and a
half and still went against out wishes. It is quite clear in Eagle's Comprehensive Plan what we
had planned for the area. I understand the goals of the Meridian School District; they will do
anything for a school site. I think it would be proper for the Eagle City Council to stick to our
guns, send a strong signal to Ada County that this is not in compliance with our Comprehensive
Plan; we have never considered a school site as part of the overall area. If you take the school
site out the density increases quite a bit. I'm going to vote against this application because it is
not in the best interest of the City of Eagle nor does it even come close to meeting the
Comprehensive Plan and the intent behind it.
Nordstrom: I was on the Planning and Zoning Commission when Sedona came before us and we
voted it down, it came to Council and you voted it down. Ada County's reaction to it even with
the detail that we sent them was that "well we haven't seen this 2000 Comprehensive Plan, our
records indicate that we are working off the 1997 Plan" and that was the loop hole on which they
decided above and beyond the comments that were very specific to say that we didn't want it.
We might as well take this 2000 Comprehensive Plan and throw it in the trash can if we vote for
this. We have all these years of history were we have set the precedent and now we are talking
about letting it all go in one fail swoop after Mr. Evans put it to us under a technicality that he
never would have gotten away with it otherwise. I'm ready to draw a line on the City of Eagle at
Linder Road and quit, because that is all that we can control. Let them do whatever they want to
in the County and tell the County to take care of it. The County is not following the rule of
order. If we allow this type of thing to be acknowledged by this City Council we have taken
apart all of the work that we have done for all these years. I think that is a precedent that we can
not afford to do. The issues that we face are how we handle land use planning outside of our
boundaries to a point that we know that we can control. There is going to be a land rush on the
West side of Eagle to Linder Road. We need to be prepared to go to Ada County and make them
understand what our problem is and that is bigger than one subdivision.
Mayor: I'm to the point that because of what is happening out in this area that maybe what we
need to be doing with Ada County and Star is declare a moratorium on all of this land until it can
be determined exactly what is to happen. To be honest I think this a dynamite subdivision, it
looks nice and has a lot of amenities, it sits next to a school and has a lot of pluses for it, but the
manner in which it is occurring and going against the Comp Plan I just can't support it.
Bastian: I think we need to be unanimous as a Council as it goes to the Ada County
Commissioners and I will vote in opposition to this subdivision. I think that there is a real
question as to wisdom of the current Comp Plan as it applies in this area and we are going to be
slow in reviewing this area. It maybe a year, a year and a half to two years before we really
come up with a decision as to the total Comprehensive Plan out there. I think this is a quality
subdivision. I think there is a need for this kind of housing in our community. I think that we are
being somewhat elitists by saying that all the property out there has to be one house per acre. I
think that is sending a message that this is an elite community, that this is a community that can
only be purchased into by people who have significant income. We are eliminating from our
Comprehensive Plan any kind of balanced housing for our community. We don't have any kind
of housing that people can afford that are less prosperous than others are. We have created a
nice community but we have slammed the door on a lot of folks who might want to live in this
community.
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Sedlacek: These are pretty pictures but we don't know if this is a quality development because it
is not developed yet. I'm hearing conflicting things. When this town caught momentum and we
spent months with the entire community working on the Comp Plan that what we were looking
for was a different feel for Eagle and we wanted the openness. Now if that school site was a
common area that would be a whole lot different. There are a lot of things to consider. I don't
think that we are locking the door on people who want to live here. The people will find the
means to do it. Since the 2000 Comp Plan have we ever changed any zone that made it any less
dense? I don't think so.
Bastian: I think it is important that we send a message to the Ada County Commissioners that we
are standing by our Comprehensive Plan. I think that there are a lot of reasons why a
development like this makes good sense.
Guerber: I think that much of what Stan has said is correct. We are painting ourselves into a
hole. The concept in the 80' s was to have a variety of development. Every time that someone
has come in with what could be classified as a higher density subdivision this Council has gone
nuts about the fact that we can't allow this high density. This is exactly what we have to start
doing if we are going to provide the variety that we really need to have in the community so that
we don't just have those that have lots of money.
Nordstrom: The exciting thing about an Alderwood or Addie's Comer was that it did serve the
purpose of finding a denser community with a lesser price house to bring a new kind of person
the opportunity to live in Eagle. We can continue with that. To say that we don't do that is
wrong. We need to try to stay with our Comprehensive Plan, allow from City Center into a more
open rural look environment. A subdivision like this right in the middle of rural and we go dense
again. Maybe we can do that in the future when we have more land to put that in a master plan
and work around it. We should be prepared to go to Ada County and argue this.
Sedlacek moves to deny 03-15-S/03-08-ZC/03-06-DAf03-13-PBA - Rezone from RUT (Rural
Urban Transition) to R4 (Medium Density Residential- 4-units per acre) with a
development agreement and a property boundary adjustment and preliminary plat for
Senora Creek Subdivision, I do not feel that this application is in keeping with the
Comprehensive Plan. Seconded by Nordstrom. Discussion. ALL AYE: MOTION
CARRIES ...... ...... .......
Mayor calls a recess at 10:15 p.m.
Mayor reconvenes at 10:30 p.m.
B. Extension of Time for a Preliminarv Plat for Ancona Subdivision - Ancona Group
LLC.: Ancona Group LLC, represented by Colin Connell, is requesting a one-year extension of
time for the preliminary plat for Ancona Commercial Subdivision. The 5.08-acre, 7-10t
commercial subdivision is located on the south side of State Highway 44, approximately I/2-mile
west of State Highway 55. (WEV)
Mayor introduces the issue.
Planner Lowe: Displays a site plan and provides Council an overview of the project and
discusses the request for an extension. Staff is requesting denial of this request since it has been
7 months since this application has expired. General discussion.
Bastian moves to deny the Extension of Time for a Preliminary Plat for Ancona
Subdivision - Ancona Group LLC. because of the lapse of time. Seconded by Nordstrom.
Discussion. ALL AYE: MOTION CARRIES.................
Colin Connell, developer, discusses the project and the frontage road. General discussion.
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Guerber moves to reconsider Extension of Time for a Preliminary Plat for Ancona
Subdivision - Ancona Group LLC. Seconded by Sedlacek. Discussion. ALL AYE:
M OTI 0 N CARRIES...........
Bastian moves to continue this item to the September 9, 2003. Seconded by Sedlacek. ALL
AYE: MOTION CARRIES.................
C. Ordinance No. 452: An ordinance of the City of Eagle, Ada County, Idaho, amending Title
6, Chapter 4, Section 6-4-1, Section 6-4-2, Section 6-4-1O(A), and Section 6-4-16 and providing
an effective date. (SKM)
Mayor introduces the issue.
City Clerk Moore: This ordinance updates the fees of the cable company and changes reference
to specific cable companies.
General Council discussion.
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 #452 be considered after being read once by title only. Bastian reads Ordinance
#452 by title only. Seconded by Sedlacek. ALL AYE: MOTION CARRIES.................
Bastian moves that Ordinance #452 be adopted. Seconded by Sedlacek. Bastian: AYE;
Sedlacek: AYE; Guerber: AYE: Nordstrom: AYE: ALL AYE: MOTION CARRIES OR
THREE A YES: ONE NAY: MOTION CARRIES....................
D. Ordinance No. 453: An ordinance of the City of Eagle, Idaho, a municipal corporation of
the State of Idaho, deleting Title 7, Chapter 4 of the Eagle City Code; and providing an effective
date. (MM)
Mayor introduces the issue.
Building Official Mongelli: Discusses the conflict with the 2000 International Energy
Conservation Code and Chapter 4 Energy conservation standards. Also, the Fuel and Gas code
does not have a conflict with our Code. General discussion.
Sedlacek 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 #453 be considered after being read once by title only. Sedlacek
reads Ordinance #453 by title only. Seconded by Bastian. ALL AYE: MOTION
CARRIES....... ..........
Sedlacek moves that Ordinance #453 be adopted. Seconded by Bastian. Bastian: AYE;
Sedlacek: AYE; Guerber: AYE: Nordstrom: AYE: ALL AYE: MOTION CARRIES OR
THREE AYES: ONE NAY: MOTION CARRIES....................
E. Ordinance No. 454: An ordinance of the City of Eagle, Idaho, a municipal corporation of the
State Of Idaho, repealing Ordinance No. 441 requiring all businesses operating within the city
limits to register their business; requiring payment of a license fee established by resolution;
requiring annual renewal of such license 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.
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Nordstrom 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 #454 be considered after being read once by title only.
Nordstrom reads Ordinance #454 by title only. Seconded by Sedlacek. ALL AYE:
MOTION CARRIES.................
Nordstrom moves that Ordinance #454 be adopted. Seconded by Sedlacek. Bastian: AYE;
Sedlacek: AYE; Guerber: AYE: Nordstrom: AYE: ALL AYE: MOTION CARRIES OR
THREE AYES: ONE NAY: MOTION CARRIES....................
F. Review and aDDroval of chane:es to the Dersonnel Dolicv manual. (SKM)
Mayor introduces the issues.
City Clerk Moore: The main changes to the personnel manual are the jury duty and the comp
time provisions. The total number of hours that an employee can accrue is to be determined by
the City Council. I have inserted the maximum number of hours that can be accrued just as a
reference, so if you want to reduce the number you can.
General Council discussion on jury duty and comp time.
Bastian moves to continue this item to September 9, 2003. Seconded by Nordstrom. ALL
AYE: MOTION CARRIES................
G. Review and aDDroval of the contract to install Christmas lie:ht. (SKM)
Mayor introduces the issue.
City Clerk Moore: We will be going out to bid on the park maintenance and I thought it would
be to our advantage to have Trautman's go ahead this year and do the Christmas lights. The bid
documents will state that Christmas lights would be for the year 2004/2005.
General Council discussion.
Bastian moves to approve the General Maintenance Agreement for the Installation of
Christmas Lights in the amount of $5,850.00. Seconded by Sedlacek. Bastian: AYE;
Sedlacek: AYE; Guerber: AYE; Nordstrom: AYE: ALL AYE: MOTION CARRIES............
H. Review and aDDroval of the contract for a Dart time maintenance Derson. (SKM)
Mayor introduces the issue.
City Clerk Moore: The contract for the part time maintenance person is through September 30,
2003. With the activity at Merrill Park we will need to have this part time position through
November 30th when the remainder of the park maintenance contract expires.
General Council discussion.
Bastian moves to approve the contract for a part time maintenance person not to exceed
$4,212.00. Seconded by Sedlacek. Discussion. Bastian: AYE; Sedlacek: AYE; Guerber:
A YE; Nordstrom: AYE: ALL AYE: MOTION CARRIES..............
9. UNFINISHED BUSINESS:
A. Discussion regarding relocation of entry sign to WinCo site. (WEV)
Mayor introduces the issue.
General Council discussion. Council concurs to go to the Developer and discuss payment of the
replacement sign.
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B. Discussion ret!ardint! the water feature. pavilion doors. and irrit!ation system at Merrill
Park. (SKM)
Mayor introduces the issue.
Vern Brewer, Holladay Engineering, discusses the report from Timothy Grim in regards to the
pavilion doors at Merrill Park.
Council concurs to take the wheels off.
Discussion on the water feature vault. Letters have been sent to ZGA, Wright Brothers and
Jensen Belts putting them on notice that the vault needs to be fixed. An engineer or architect
should design the solution and that should be built by the contractor.
Discussion on the irrigation pump at Merrill Park.
Bastian moves to authorize the City Attorney to write a letter to Jensen Belts on the pump
issue and the vault issue. Seconded by Guerber. ALL AYE: MOTION CARRIES..............
C. Discussion of the public works positions. (SKM)
Mayor introduces the issue.
General Council discussion. Council concurs to hire a contract person for this position. The
City Attorney will work on the contract.
D. Review of proposed budt!et for fiscal vear 2003-2004. (SKM)
Mayor introduces the issue.
City Clerk Moore: I have made some additional changes to the Budget. I have included the final
figures for the Library Budget and added the Commuter Ride fees that Valley Ride is requesting.
These changes are the yellow budget sheets I have handed out tonight.
General Council discussion. Council concurs to increase contract other $10,000 to cover the
Public Works Contract position.
The public hearing on the Budget is scheduled for August 19,2003 at 6:00 p.rn.
10. EXECUTIVE SESSION:
A. Pending or threatened litigation. I.C. § 67-2345(f)
Sedlacek moves to go into Executive Session for the discussion of pending or threatened
litigation. Seconded by Guerber. Bastian: AYE; Sedlacek: AYE; Guerber: AYE;
Nordstrom: AYE: ALL AYE: MOTION CARRIES......................
Council discusses pending or threatened litigation.
Council leaves Executive Session at 12:50 p.m.
Sedlacek moves to direct legal council to accept the stipulation on the Busters matter with
the additional stipulation that the application to Design Review for the new sign be
submitted within 30 days. Seconded by Bastian. ALL A YE: MOTION
CARRIES ..................
Pre-Council Reports (con't): No further reports.
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11. ADJOURNMENT:
Bastian moyes to adjourn. Seconded by Guerber. ALL AYE: MOTION
CARRIES...
Hearing no further business, the Council meeting adjourned at 12:55 p.m.
Respectfully submitted:
HARON K. MOORE
CITY CLERKffREAS URER
APPROVED:
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