Minutes - 2003 - City Council - 11/18/2003 - Regular
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EAGLE CITY COUNCIL
Minutes
November 18, 2003
PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m.
1. Ada County Sheriff s Office: Sgt. Borgquist presents the monthly report for September with a
power point presentation, distributes a printed copy to the Council, and discusses the same.
Discussion on the survey taken by the Sheriffs Department. General discussion.
2. City Engineer Report: Vern Brewer, Holladay Engineer, I would like you to add to the
Agenda the approval of Wright Brothers Bid on the Bridge Abutments for the Eagle Pedestrian
Pathway. Council directed me to talk to Wright Brothers on the amount of the bid and after my
discussion with Robert Grubb I would recommend that this bid be awarded to Wright Brothers.
Discussion on a part time Public Works Position for the City, distributes a copy of the draft job
description. General discussion.
3. City Attorney Report: Hearing for the Brookwood Well was last week. The hearing was
completed. The next step is for the participants to submit written findings. General discussion.
4. Zoning Administrator's Report: Discussion on the public hearing on Laguna. We did not end
up with a transcribable record on the Public Hearing so we need to have a rehearing. I'm
proposing that we have this meeting on December 17,2003 at 6:30 p.m. Council concurs.
Discussion on the comprehensive plan to the West and hiring a Planner ill to help take on this
task. General discussion.
5. Mayor and Council's Report: Moved to the end of the Agenda
6. City ClerkfTreasurer Report: Moved to the end of the Agenda
REGULAR COUNCIL AGENDA: 7:30 p.m.
1. CALL TO ORDER: Council President Bastian 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. PUBLIC COMMENT:
Sedlacek moves to amend the agenda by adding the award for the construction of the
bridge abutments for the Eagle Pedestrian Pathway as Item #10A Unfinished Business.
Seconded by Guerber. ALL A YES: MOTION CARRIES..................
Sedlacek moves to change Item #11 to an Executive Session for pending and threatening
litigation. Seconded by Guerber. ALL A YES: 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.
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. 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. DR-41-03 - Three Storv RetaiVApartment Buildine - Edvthe Roeers 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)
C. DR-50-03 - Master Sien for La Strada Place - Edvthe Roeers Revocable
Trust: Edythe Rogers Revocable Trust, represented by John Serra, is requesting
design review approval of a master sign plan for the three (3) story
commercial/apartment building. The site is located on the southwest corner of
2nd Street and Idaho Street at 135 North 2nd Street. (WEV)
Guerber moves to remove Item #B from the Consent Agenda. Seconded by Sedlacek.
ALL AYES: MOTION CARRIES..................
Sedlacek moves to approve the Consent Agenda as amended. Seconded by Guerber. ALL
AYES: MOTION CARRIES.........................
Zoning Administrator Vaughan: I would request that Item #C also be continued in order
to keep both applications together.
5B. DR-41-03 - Three Story RetaiVApartment Buildine - Edythe Roeers Trust:
5C. DR-50-03 - Master Sien for La Strada Place - Edythe Roeers Revocable Trust:
Guerber moves to continue Items #5B and #5C to the January 13, 2004 City Council
meeting. Seconded by Sedlacek. Discussion. The applicant has requested that this matter
be continued to the January 13,2004 City Council meeting. ALL A YES: MOTION
CARRIES...........
Sedlacek moves to approve the Consent Agenda as amended with the claims against the
City as the only item. Seconded by Guerber. Bastian: AYE; Sedlacek: AYE; Guerber:
A YE; Nordstrom: AYE: ALL A YES: MOTION CARRIES...................
6. PROCLAMATIONS & RESOLUTIONS: None
7. FINAL PLATS: None
8. PUBLIC HEARINGS:
A. 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. (WEV) This
item was continued/rom the October 14,2003 meeting.
Council President Bastian introduces the issue and opens the Public Hearing.
Council President: For any of you in the audience, the Public Hearings on Items #B and
#C have been continued to December 9, 2003 at the request of the applicant.
Zoning Administrator Vaughan: Displays overheads and provides the Council an overview of
the request for the rezone.
Council President swears in Gerald Teal.
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Gerald Teal, Teal Architects, representing the applicant, displays a revised site plan and
discusses the same. General discussion.
Council President swears in Larry Hinshaw
Larry Hinshaw, the only area of contention is the irrigation issue and I would like to try and
clarify the issue. Displays an overhead of the ditch locations and discusses the ditches. General
discussion.
Gerald Teal, discusses Mr. Hinshaw's request for relocation of the ditch. General discussion.
Council President closes the Public Hearing
City Attorney and Council discuss the ditches and the irrigation issues.
Zoning Administrator Vaughan: The Planning and Zoning Commission recommended approval
of this application with conditions. Discussion on the Commission's conditions. General
discussion.
General Council discussion.
Guerber moves to approve RZ-3-03 - Rezone With Development Agreement From R-4 To
MU-DA - Paramount Parks at Eagle LLC with the Stipulations set down in the
recommendations of the Planning & Zoning Commission and specifically amend 2.11 by
dropping last sentence and ending with the words "Eagle City Code"; 2.13 should read" All
drainage and storm water shall be retained on-site and shall comply with any other
requirements of Eagle City Code"; strike 2.14 in its entirety. Seconded by Nordstrom.
Discussion. Guerber amends the Motion to include the record presented this evening by
the applicant and the property owner. Second concurs. ALL A YES: MOTION
CARRIES. .................. ....
B. A-3-03 & RZ-4-03 - Annexation and Rezone From RUT to R-E - Douelas Carnahan:
Douglas Carnahan, represented by David Bailey, P.E. with Bailey Engineering, is requesting a
rezone upon annexation from RUT (Rural Urban Transitional- Ada County Designation) to R-E
(Residential Estates - up to one dwelling unit per two acres). The 30.72-acre development is
located approximately ~ mile east of Eagle Road and south of Beacon Light Road, at 657 E.
Beacon Light Road. The applicant is requesting this item be continued to the December 9, 2003
meeting (WEV)
C. PP-S-03 - Oakhaven Subdivision - Dou21as Carnahan: Douglas Carnahan, represented by
David Bailey, P.E. with Bailey Engineering Inc., is requesting preliminary plat approval for
Oakhaven Subdivision, an l8-lot (14-buildable, 4-common) residential subdivision. The 30.72-
acre development is located approximately ~ mile east of Eagle Road and south of Beacon Light
Road, at 657 E. Beacon Light Road. (WEV) The applicant is requesting this item be continued to
the December 9, 2003 meeting.
Council President Bastian introduces the issue. The applicant has requested that this item be
continued to the December 9,2003 City Council meeting.
Sedlacek moves to continue Item #B. A-3-03 & RZ-4-03 - Annexation and Rezone From
RUT to R-E and Item #C PP-S-03 - Oakhaven Subdivision - Douglas Carnahan to the
December 9, 2003 City Council meeting. Seconded by Guerber. ALL A YES: MOTION
CARRIES................
D. RZ-S-03 - Rezone From A-R to R-E - .James Wood: James Wood, represented by Land
Consultants, Inc., is requesting a rezone from A-R (Agricultural-Residential, up to one dwelling
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unit per five-acres) to R-E (Residential-Estates, up to one dwelling unit per two-acres). The
5A1-acre site is located on the north side of State Highway 44 approximately 1/2 mile east of
North Park Lane at 3300 W. State Street. (WEV)
Council President Bastian introduces the issue and opens the Public Hearing.
Council President Bastian swears in Mark Butler.
Mark Butler, Land Consultants, Inc., representing the applicant. Displays an overhead of the lot
split and provides Council an overview of the request for rezone. General discussion.
Zoning Administrator Vaughan: Displays an overhead of the lot split and provides Council an
overview of the requested rezone. Discusses lot splits as addressed in Eagle City Code. General
discussion.
Council President swears in John Wood.
John Wood, 3300 West State Street, my family owns the property. The traffic backs up
everyday in the morning and in the evening. There is a tremendous amount of noise road and we
thought we could buffer that with a lot split. No one has showed up to oppose this. General
discussion.
Council President Bastian closes the Public Hearing
General Council discussion.
Sedlacek moves to uphold the Planning & Zoning decision and deny RZ-5-03 - Rezone
From A-R to R-E in that a zoning change would create a zone and a possible land use that
is not consistent with the surrounding parcels located within the same subdivision and not
in compliance with the City of Eagle 2000 Comprehensive Plan. Seconded by Bastian.
Discussion. TWO: A YES: ONE NAY: (Guerber) MOTION CARRIES..................
9. NEW BUSINESS: None
10. UNFINISHED BUSINESS:
A. Approval and award of bid for construction of bride:e abutments for the Eae:le
Pedestrian Pathway.
Council President Bastian introduces the issue.
Guerber moves to accept the report of the Engineering Firm and accept the bid from
Wright Brothers in the amount of $16,260.00 for the construction of bridge abutments for
the Eagle Pedestrian Pathway. Seconded by Nordstrom. Bastian: AYE; Sedlacek: AYE;
Guerber: AYE; Nordstrom: AYE: ALL AYES: MOTION CARRIES..................
Guerber moves to amend the agenda and move Item #11 Executive Session to be Item #10B
Executive Session for the discussion of pending and threatened litigation. Seconded by
Sedlacek. ALL AYE: MOTION CARRIES.................
B. Executive Session: Pendine: & Threatened Litie:ation I.C. 67-2345(f):
Guerber moves to go into Executive Session for the discussion of pending and threatened
litigation. Seconded by Sedlacek. Bastian: AYE; Sedlacek: AYE: Guerber: AYE;
Nordstrom: AYE: ALL AYES: MOTION CARRIES..................
Council discusses pending and threatened litigation.
Council leaves Executive Session at 9:50 p.m.
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C. 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
Horrnaechea, 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 28, 2003 meeting. (WEV)
D. FPUD-8-03 & FP-10-03 - Final Development Plan and Final Plat for Brookwood
Subdivision No. 10 - Aries Development LLC: Aries Development, LLC, represented by Mike
Horrnaechea, 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-
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 28,2003 meeting. (WEV)
E. DR-36-03 - Common Area Landscapine: for Brookwood Subdivision Phases 9 and 10-
Aries Development 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 28. 2003 meeting. (WEV)
Council President Bastian introduces the issue. We will discuss Items #lOC, D and E at the same
time but separate motions will be made.
Mike Horrnaechea, applicant, displays overheads of the site plans and discusses the final plat for
Brookwood No.9 and No. 10. Discussion on Planning & Zoning Findings and Applicant's
proposed changes. General discussion.
City Attorney Buxton: I would like to have a discussion with the applicant to try and resolve the
condition in regards to the well. We have discussed amending the existing Well Purchase
Agreement to address our concerns over what has transpired in the last couple of years. We have
decided to propose to amend the agreement to have the developers donate the well site that has
already been valued at approximately $25,000.00 to the City and there would be one well that we
are trying to get the point of diversion for, right now it is applied for but in the event that this is
not successful that there would be another point of diversion that we would agree upon and have
input between the two of us as well as DEQ and that the final plats would not be signed by the
City Clerk until the amendment to the Well Purchase Agreement has been executed by the City
and the Developer.
Evan Roberts: We would stipulate to that.
Sedlacek moves to approve FPUD-7-03 & FP-9-03 - Final Development Plan and Final Plat
for Brookwood Subdivision No.9 with all the Standard and Site Specific Conditions of
Approval recommended by the Planning &Zoning Commission and prior to the final plat
being signed by the City Clerk that the amendments to the Well Purchase Agreement dated
9/26/2000 be finalized as discussed and entered into the record. This would be Site Specific
Condition No.8. Seconded by Guerber. Discussion. ALL A YES: MOTION
CARRIES........ .....
Guerber moves to approve FPUD-8-03 & FP-I0-03 - Final Development Plan and Final
Plat for Brookwood Subdivision No. 10 with Condition #8 modified to allow type E
development on Blocks 3-12 and 20-22 as well as the other conditions recommended by
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staff; #10 that the pathway along dry creek be routed to reach N. Covey Run Court and be
extended from its Easterly termination point along the South side of Phase #10 to terminate
at the NE corner of the Subdivision; No. 12: strike the wording from "In lieu of the bridge
to the end". Seconded by Nordstrom. THREE A YES: ONE NAY: (Sedlacek) MOTION
CARRIES....................... ...
Guerber moves to DR-36-03 - Common Area Landscaping for Brookwood Subdivision
Phases No.9 and No. 10 with the modification to item #2 to reflect the language for
pathways in the Phase No. 10 approval and strike No.3 regarding the bridge. Seconded by
Sedlacek. ALL A YES: MOTION CARRIES................
Guerber moves to reconsider the motion on FPUD-8-03 & FP-I0-03 - Final Development
Plan and Final Plat for Brookwood Subdivision No. 10. Seconded by Sedlaeck. ALL
AYES: MOTION CARRIES....................
Guerber modifies the motion on No. 10 to include language similar to that in Phase No.9
regarding the completion of the well requirements before the city clerk signs the final plat.
This would be Condition No. 13. Seconded by Nordstrom. Discussion. THREE A YES:
ONE NAY: (Sedlacek) MOTION CARRIES....................
F. Review and approval of chane:es to the personnel policy manual.
Council President Bastian introduces the issue.
City Clerk Moore: When I brought this to you before in regards to the Comp Time it was the
Councils' desire to limit the number of hours and to have the time used up quarterly, this would
be a use it or lose it policy. I came up with 60 hours per quarter and it is the Councils' discretion
to decide on the number of hours per quarter. General discussion. Council concurs to use 50
hours per quarter.
Discussion on the jury duty section. Council would like this section to state that the employee
will be compensated the difference between what they were paid for jury duty and their regular
wage. Eliminate the paragraph in regards to exempt employees.
G. ZGA additional services for city hall. (SKM)
Council President Bastian introduces the issue.
City Attorney Buxton: I have looked at what Tom Zabala has proposed and the contract allow
him under the additional services, section 2, to go ahead and do these things. He is also asking
for a $3,500.00 budget for independent estimator. This is your discretion and I would certainly
put a cap on the amount. I also think you should put a cap on the amount that ZGA is going to do
under that additional services section in order to get their scope of work so we can get the lump
sum determined. My understanding is that they don't know how much it is going to cost to do
the redesign. A good starting place would be to pick a number and if he needs more he can came
back to the City. Discussion on having a project manager and value engineering.
Bastian moves to direct legal counsel to work with staff to develop a request for
qualifications for a value engineer/construction manager. Seconded by Sedlacek.
Discussion. ALL A YES: MOTION CARRIES.....................
Discussion on Senora appeal.
11. Executive Session: Pendine: & Threatened Litie:ation I.C. 67-2345(0:
Moved to Item #lOB by Council motion.
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PRE-COUNCIL REPORTS Con't:
City Clerkffreasurer Report: ACHD Joint meeting is Tuesday, December 2nd at ACHD which
will start at 4:00 p.m. Mace Road is the only agenda item I have. Add Hill Road Park land swap.
Monday, December 29th is the 5th Monday of December, do you want the joint meeting with P&Z
and Dr. Council concurs to not have this meeting.
The Ada County Commissioners are requesting a meeting on December 11th from 1 :00-2:30 to
discuss the Ada Eagle/Sports complex. General discussion. Council concurs to have the
meeting.
Discussion on the Peace Pole location. Council concurs to have the pole placed in Friendship
Park in the corner by the entry of the school which would be the Southwest corner of Friendship
Park. Discussion on the languages.
Mavor and Council's Report:
Nordstrom: I have a new job and I will be traveling a lot so send me an e-mail when things come
up. I will try my best to be here. Scott will send an e-mail with his new address.
Guerber: Discussion on the BPI letter that will go out to customers on the rate changes.
I'm reviewing the script for the Pat Summerall Production. General discussion.
Sedlacek: Economic Development Committee meets this Thursday.
Bastian: Discusses the meeting with Sgt. Borquist. The deputies are getting out of their cars and
going into the businesses. They would like to get a laser unit that costs $3,000.00 for traffic
enforcement. They would like the city to pay for this. They would like to see a change in the
noise ordinance. Have it is an infraction instead of a misdemeanor. They discussed moving their
substation and wanted to know if the city would still split the cost 60/40 in next years contract.
Discussion on the Design Review meeting.
12. ADJOURNMENT:
Guerber moves to adjourn. Seconded by Sedlacek. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 11:30 p.m.
R sp,ectfully submitted:
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SHARO K. MOORE
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