Minutes - 2003 - City Council - 10/28/2003 - Regular
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EAGLE CITY COUNCIL
Minutes
October 28, 2003
PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m.
1. Ada County Sheriffs Office: Sgt. Dana Borgquist will present the monthly report for
September. Sgt. Borgquist distributed the monthly report and discusses the same. Discussion on
the water main break on Aikens. Discussion on the survey conducted by the Sheriffs
Department. The main concerns in Eagle are traffic and Dill drivers. The least two are public
drinking violent street crimes. General discussion. Discussion on a student with a gun at Eagle
Academy. Discussion on the Eagle High Students painting the curbs as community service.
Discussion on the officers and their community policing.
2. ACHD Liaison, Larry Sale: Discussion on the classification of Floating Feather Road and
Beacon Light Road. Discussion on the future of State Street.
3. City Engineer Report: Reports on the water issues at the Hill Road Park. General discussion.
Received the permit for the crossing under Eagle Road and we are proceeding with the design.
The pedestrian path projects are almost complete except for the 404 Permits on the bridges.
4. City Attorney Report: I need you to amend the agenda to add an Executive Session on
threatened and pending litigation.
I had a meeting with Jim Kiser, he had a question. He gave the City a temporary turn around for
the construction of the pathway off from Two Rivers in order for us to have access and he
wanted to know if the City wanted to make that permanent and I told him "yes". He has also
purchased the bridge which will be big enough for a small pick up to drive over. We are working
on the easement.
Reports on the Brookwood well meeting.
5. City Clerkffreasurer Report: I have distributed the Financial Reports for July, August and
September, 2003.
I have received a proposal from Trautman's to install Maxicom at the North Entry Sign.
Previously Council concurred not to install Maxicom at this site. The cost is $4,030 with a credit
from Rainbird of $1,200 for a total of $2,830.00. Council concurs that the Maxicom is not
needed at the North Entry Site.
Discussion on Caselle Software and my trip to Salt Lake City to attend Caselle's User Group.
6. Donna Griffin and Elizabeth Connor will present information regarding Eagle Island State
Park. The Treasurer Valley Partnership has been looking at this park as a regional park. A letter
has been sent to the State to reopen the Master Plan. A History of Past Planning Activities and a
Master Plan Summary Brochure is distributed and discussed. General discussion.
7. Mayor and Council's Report: Moved to end of Agenda
8. Zoning Administrator's Report: Moved to end of Agenda
ORIGINAL
REGULAR COUNCIL AGENDA: 7:30 p.m.
1. CALL TO ORDER: Mayor Merrill calls the meeting to order at 7:50 p.rn.
2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. Sedlacek absent. A
quorum is present.
3. PLEDGE OF ALLEGIANCE:
4. PUBLIC COMMENT: No one is present to address the Council.
Bastian moves to amend the agenda as follows: add under Consent Agenda as Item SK.
BeerlWine & Liquor License for Settles Krick, Inc. and as Item SL. Administrative Action
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regarding the Blue Moose Café; and under New Business as Item 10C. Ordinance No. 461
and Item 10. Executive Session for the discussion of threatened litigation and Item 11.
Adjournment. Seconded by Guerber. ALL AYE: MOTION
CARRIES.......................... ...
5. 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.
B. Findinl!s of Fact and Conclusions of Law for Countrvside Estates FPUD-9-
03 & FP-11-03 - Final Development Plan and Final Plat for Countryside
Estates PUD Subdivision No.3 - Countrvside Estates LLc.: Countryside
Estates LLC, represented by Steve Arnold with Briggs Engineering, are
requesting final development plan and final plat approval for Countryside
Estates Subdivision No.3, a 27-lot (22-buildable, 5 common) residential
subdivision. This l1.02-acre phase of Countryside Estates PUD Subdivision is
located near the northwest comer of Ballantyne Road and State Highway 44
(State Street). (WE'I)
C. Findinl!s of Fact and Conclusions of Law for CU-4-03 & PP-2-03 - Paddv
Row Subdivision - Steve Roth: Steve Roth, represented by Jane Suggs, is
requesting a conditional use permit and preliminary plat approval for Paddy Row
Subdivision, a 3D-lot (24-buildable, 5-common, I-private street) residential
subdivision. The 3.55-acre site is generally located on the north side of 2nd
Street approximately 50-feet north of Plaza Drive at 150 South 2nd Street. (WE'I)
D. Findinl!s of Facts and Conclusion of Law for V-2-03 - Variance From The
Minimum Finished Floor Elevation Above The Base Flood Elevation - Steve
Roth: Steve Roth, Represented By Jane Suggs, Is Requesting City Approval Of
A 'I ariance From The Requirement To Construct The Residential Finished Floor
Two-Feet (2') Above The Base Flood Elevation, And From The Requirement To
Construct Roadways And Manholes Y2-Foot (0.5') Above The Base Flood
Elevation. The Site Is Generally Located Site On The Northeast Comer Of 2nd
Street And Plaza Drive, At 150 South 2nd Street. (WE'I)
E. DR-41-03 - Three Storv RetaiVApartment Buildinl! - Edvthe Rol!ers Trust:
Edythe Rogers Trust, represented by James Gipson with James Gipson
Associates, is requesting design review approval to construct an 8,678-square
foot three story commercial/residential building. The site is located on the
southeast comer of 2nd Street and Idaho Street at 135 North 2nd Street.(WE'I)
F. Findinl!s of Fact and Conclusions of Law for PPIFP-1-03 - Merrill
Subdivision No.4 (Rockv Mountain Business Park) - Dave Evans
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Construction: Dave Evans Construction, represented by Dave Evans, is
requesting combined preliminary plat and final plat approval for Merrill
Subdivision No.4 (a re-subdivision of Lot 12, Block 3, Merrill Subdivision No.
2, formally known as Rocky Mountain Business Park). The 2.29-acre, 6-lot
commercial subdivision is located at 501 S. Fitness Place. (WEV)
G. Appointment to the Plannine: and Zonine: Commission: The Mayor is
requesting Council confirm the appointment of Sue Lien to the P&Z
Commission. She will be serving a 3 year term. (NM)
H. Appointment to the Desie:n Review Board: The Mayor is requesting Council
confirm the appointment of Jack Zastrow to the Design Review Board. He will
be serving a 3 year term. (NM)
1. Approval of contract with Gibbons. Scott and Dean LLP for audit of 2002-
2003 fiscal records. (SKM)
J. Approval of contract with Llovd Campbell for site at the corner of Beacon
Lie:ht Road and Hie:hwav 55. (SKM)
K. BeerlWine and Liquor License for Settles Krick. Inc.
L. Administrative Action ree:ardine: the Blue Moose Café-DR-28-98 MOD.
Zoning Administrator Vaughan: I would like to pull Item 5E. from the Consent Agenda.
Guerber moves to remove Item 5E. from the Consent Agenda. Seconded by Bastian. ALL
A YES: M OTI 0 N CARRIES.......................
Bastian moves to approve the Consent Agenda as amended. Seconded by Nordstrom.
ALL AYES: MOTION CARRIES......................
5E. DR-41-03 - Three Storv RetaiVApartment Buildine: - Edvthe Roe:ers Trust: Edythe
Rogers Trust, represented by James Gipson with James Gipson Associates, is requesting design
review approval to construct an 8,678-square foot three story commercial/residential building.
The site is located on the southeast corner of 2nd Street and Idaho Street at 135 North 2nd
Street.(WEV)
Zoning Administrator Vaughan: I would like to have this item continued to the November 11,
2003 City Council meeting.
Bastian moves to continue DR-41-03 - Three Story RetaiVApartment Building - Edythe
Rogers Trust to the November 11, 2003 City Council meeting. Seconded by Guerber. ALL
A YES: MOTION CARRIES.................
6. FINAL PLATS:
A. FPUD-7-03 & FP-9-03 - Final Development Plan and Final Plat for Brookwood
Subdivision No.9 - Aries Development. LLC: Aries Development, LLC represented by Mike
Hormaechea, is requesting final development plan and final plat approval for Brookwood
Subdivision Phase 9, a 38-lot (32-buildable, 6-common) residential subdivision. This l6.44-acre
(approx.) 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. This item was
continued from the October 14, 2003 meeting. (WEV)
B. FPUD-8-03 & FP-I0-03 - Final Development Plan and Final Plat for Brookwood
Subdivision No. 10 - Aries Development LLC: Aries Development, LLC, represented by Mike
Hormaechea, is requesting final development plan and final plat approval for Brookwood
Subdivision Phase 10, a 22-lot (I8-buildable, 4-common) residential subdivision. This 15.82-
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acre (approx.) 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. This item
was continued from the October 14,2003 meeting. (WEV)
Mayor introduces the issue.
Guerber moves to continue Items 7 A and 7B to the November 11, 2003 City Council
meeting. Seconded by Nordstrom. ALL A YES: MOTION CARRIES........................
7. UNFINISHED BUSINESS:
A. DR-36-03 - Common Area Landscaoine for Brookwood Subdivision Phases 9 and 10 -
Aries Develooment LLC: Aries Development LLC, represented by Phil Hull with The Land
Group, is requesting design review approval of the common area landscaping within Brookwood
Subdivision Phases 9 and 10. The two phases are located on the north side of Floating Feather
Road adjacent to Phase 6 and adjacent to Feather Nest Estates and Lexington Hills Subdivisions.
(WEV) This item was continued from October 14,2003 meeting. It should be heard in
conjunction with items 6A & 6B .
This item was heard in conjunction with Items 6A and 6B above.
Guerber moves to continue DR-36-03 - Common Area Landscaping for Brookwood
Subdivision Phases 9 and 10 - Aries Development LLC to the November 11,2003 City
Council meeting. Seconded by Bastian. ALL A YES: MOTION CARRIES..............
B. CU-09-02 - Public Service Facilitv! HeÏl!ht Exceotion Request -138kV Sub-
Transmission line - Idaho Power: Idaho Power, represented by Layne Dodson, is requesting
conditional use approval to construct a 138kV sub-transmission line and a height exception
request to construct utility poles with heights ranging from approximately 70 to 85-feet (35 to 50-
feet higher then the required maximum of 35-feet). The specific routing of the new sub-
transmission line will connect with the existing 138kV power line near the intersection of
Edgewood and State Street. The new line will proceed west along State Highway 44 to
Ballantyne Road, where the line will be constructed along the same route as the existing power
lines that parallel the highway, to the new Star, Idaho, substation site. It should be noted that it
has not yet been determined which side of the bypass the line will traverse; this item is left to be
determined from comments received at the public hearings as well as the determination of the
Eagle Planning and Zoning Commission and the Eagle City Council. This item was continued
from October 14, 2003 meeting. (WEV)
Mayor introduces the issue.
Bastian moves to remand the application CU-09-02 - Public Service Facility! Height
Exception Request - 138k V Sub-Transmission line - Idaho Power back to staff and staff
will schedule a new public hearing before the City Council and Idaho Power will submit
additional information regarding items discussed. Seconded by Guerber. Discussion. At
the last meeting a couple of alternatives were looked at. Using the corridor down the alley
and the possibility of having a lower structure of the poles. We need to have information
back on these issues. There is also the possibility of burying the line. We need to leave the
option open to eventually be able to bury the lines. This is not just an issue for the City of
Eagle, it is an issue for the State of Idaho and all other community that is in the same
situation. The questions is will Eagle be willing to step up and be the test case to create the
awareness necessary to talk about where the future of electrical generation has to go. ALL
A YES: MOTION CARRIES....................
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8. PUBLIC HEARINGS:
A. The City of Eagle, Idaho received an Idaho Community Development Block Grant in the
amount of $420,000.00. These funds are currently being used to help provide 49 units of
affordable rental housing for elderly residents of Eagle. The hearing will include a review of
project activities and accomplishments to date, a summary of all expenditures to date, a general
description of remaining work and any changes made to the scope of work, budget schedule,
location, or beneficiaries. (SKM)
Mayor introduces the issue.
Mayor swears in Jim Birdsall.
Jim Birdsall, representative of Mercy Housing and Idaho Community Development Block Grant,
this hearing is required by the Block Grant. Provides Council an overview of the project. The
project is approaching completion. The total amount of the original grant was $420,000 most of
which has been expended. There should be no changes to the budget. The project should be
completed and ready of occupancy in January, 2004. Discussion on the application process for
residents. General discussion.
Mayor opens the Public Hearing
Mayor closes the Public Hearing
Guerber moves to authorize continued development of the Mercy Housing Project utilizing
the Idaho Community Development Block Grant. Seconded by Nordstrom. ALL A YES:
MOTION CARRIES............................
B. RZ-3-03 - Rezone With Development Aereement From R-4 To MU-DA - Paramount
Parks at Eaele LLC: Paramount Parks at Eagle LLC, represented by Gerald Teal with Teal
Architects, is requesting a rezone from R-4 (up to four dwelling units per acre) to MU-DA
(Mixed Use with development agreement). The 2.9-acre site is located on the west side of Eagle
Road approximately 8oo-feet south of Floating Feather Road at 813 N. Eagle Road. This item
was continued from the October 14,2003 meeting. (WEV)
Mayor introduces the issue.
Guerber moves to continue RZ-3-03 - Rezone With Development Agreement From R-4 To
MU-DA - Paramount Parks at Eagle LLC to the November 11,2003 City Council meeting.
Seconded by Nordstrom. ALL A YES: MOTION CARRIES................
C. CU-9-03 - Smith's Eaele Chevron - Rick and Sandv Smith: Rick and Sandy Smith,
represented by Rick Toews with BRS Architects, are requesting conditional use approval to
allow a 960-square foot addition to the existing Smith's Eagle Chevron convenience store with
fuel service. The 1.5-acre site is located on the west side of Eagle Road at 503 Eagle Road
within the North Channel Center Subdivision. (WEV)
Mayor introduces the issue.
Mayor swears in Rick Toews
Rick Toews, representing the applicants, provides Council an overview of the application for a
960 square foot addition to the building. This will not impact the traffic flow or cause any
negative impact to the site. General discussion.
Zoning Administrator Vaughan: Provides Council an overview of the application and the need
for a Conditional Use Permit. This item will also be reviewed by the Design Review Board.
General discussion.
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Mayor opens the Public Hearing
Mayor swears in Sandy Smith
Sandy Smith, applicant, discusses the need for the addition. We do have an existing patio but it
doesn't have an awning. Discusses the landscaping. The red van is not used for emission testing.
General discussion.
Mayor swears in Cory Isenbarth
Cory Isenbarth, 503 S. Eagle Road, I own the emission business located at the Chevron. The van
lets people know there is an emission business location there. It is basically my company
vehicle. Discussion on Condition No.4. General discussion.
Mayor closes the Public Hearing
General Council discussion.
Bastian moves to approve CU-9-03 - Smith's Eagle Chevron - Rick and Sandy Smith and
that Site Specific Condition No.4 be stricken and Site Specific Condition No.3 be modified
to read: "that this application is to be heard by Design Review". Seconded by Nordstrom.
ALL A YES: MOTION CARRIES.............
Discussion on the old Chevron at State Street and Eagle Road.
D. ZOA-5-03 - Zonine: Ordinance Amendment - Citv of Eae:le: The City of Eagle is
proposing to amend Eagle City Code Title 8 "Zoning", Section 8-1-1 (D)(1) to remove the
reference to the construction of private streets; to amend Title 9 "Subdivisions" Section 9-1-6
"Rules and Definitions" amending the "Planned Unit Development" definition to remove the
reference to private streets; to repeal Section 9-3-2-1 (1) "Private Streets"; to amend Section 9-3-
2-5 to remove the provision allowing private streets and the construction thereof; and to repeal
Section 9-5-4-3 (B) "Private Streets". This item was continued from the September 23,2003
meeting. Staff is requesting this item be continued this item to the November 11,2003 meeting.
(WEV)
Mayor introduces the issue. Staff is requesting that this item be continued to the November 11,
2003 City Council meeting.
Bastian moves to continue ZOA-5-03 - Zoning Ordinance Amendment - City of Eagle to
the November 11, 2003 City Council meeting. Seconded by Guerber. ALL A YES:
MOTION CARRIES....................
E. ZOA-I-03 - Zonine: Ordinance Amendment - Citv of Eae:le: City of Eagle is proposing to
amend Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts and Maps", Article A "DR
Design Review Overlay District", amending the code to modify the architecture and site design
criteria for development located within the DR design review overlay district, and to adopt a
supplemental guidebook to define specific period architectural styles, themes, and elements
envisioned for the further enhancement of the City. This item was continued from the October
14,2003 meeting. Staff is requesting this item be continued to the November 11,2003
meeting. (WEV)
Mayor introduces the issue. Staff is requesting that this item be continued to the November 11,
2003 City Council meeting.
Bastian moves to continue ZOA-I-03 - Zoning Ordinance Amendment - City of Eagle to
the November 11, 2003 City Council meeting. Seconded by Guerber. ALL AYES:
MOTION CARRIES...................
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9. NEW BUSINESS:
A. Review and approval of accountine software contract. (SKM)
Mayor introduces the issue.
Bastian moves to approve the Caselle Accounting Software contracts. Seconded by
Guerber. Discussion. Bastian: AYE; Guerber: AYE; Nordstrom: AYE: ALL A YES:
MOTION CARRIES................
B. Review and action on proposal submitted bv the Eaele Girl Scouts to install a Peace
Pole at Merrill Park.
Mayor introduces the issue.
General Council discussion.
Bastian moves to approve the Peace Pole to be put in place by the Girl Scouts and that the
languages should be: English, French, Spanish, and Shoshone-Piute. Seconded by Guerber.
Discussion. ALL A YES: MOTION CARRIES....................
Council discussion on where the Peace Pole should be placed. Council concurs to have Council
Member Bastian ask the Library Board if the Peace Pole could be placed at the Library.
C. Ordinance No. 461. (WV)
Mayor introduces the issue.
Bastian moves, pursuant to Idaho Code, Section 50-902, that the rule requiring Ordinances
to be read on three different days with one reading to be in full be dispensed with, and that
Ordinance #461 be considered after being read once by title only. Bastian reads Ordinance
#461by title only. Seconded by Nordstrom. ALL A YES: MOTION CARRIES.................
Bastian moves that Ordinance #461be adopted. Seconded by Nordstrom.
Bastian: AYE; Guerber: AYE: Nordstrom: AYE: ALL AYE: MOTION
CARRIES...............
10. Executive Session - I.C. 67-2345(f) Threatened and Pendine Litieation.
Mayor introduces the issue.
Bastian moves to go into Executive Session for the discussion of threatened and pending
litigation. Seconded by Guerber. ALL A YES: MOTION CARRIES................
Council discusses threatened and pending litigation
Council leaves Executive Session.
PRE-COUNCIL REPORTS Con't:
Zoning Administrator's Report: Keith has been successful in getting the trees replaced at
McDonalds.
I talked to John Evans about annexation on the Senora properties and is agreeable to the
annexation process. General discussion.
Jeff has sent out some requests for proposals for grading and putting down gravel on the Museum
Parking Lot.
Mayor and Council's Report:
Bastian: Reports on the Design Review meeting.
Mayor: Discussion on the Pat Summerall shooting on Friday.
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Discussion on the meeting with County Commissioner Yzaguirre on the Impact Area.
Discussion on the meeting with the Jazz School.
Guerber: Tomorrow I'm meeting with County Commissioner yzaguirre on the Ada
CountyÆagle Park. General discussion.
Nordstrom: No report
11. ADJOURNMENT:
Bastian moves to adjourn. Seconded by Nordstrom. ALL A YES: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 9:35 p.m.
Respectfully submitted:
~il (~~ Ct&f<-
SHARON K. MOORE ---="':" I
CITY CLERKfTREASURER
APPROVED:
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