Minutes - 2003 - City Council - 12/09/2003 - Regular
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EAGLE CITY COUNCIL
Minutes
December 9, 2003
E.RE-COUN~ENDA: 6:30 p.m. - 7:30 p.m.
1. Cultural Arts Committee discussion. Linda Butler will present J.L. Snodgrass, a local
sculptor, who will discuss ideas for public art projects in the Eagle community. Linda Goldman,
Cultural Arts Committee, introduces Jerry Snodgrass who displays his sculpture of Thomas
Aikens. Linda discusses public art pieces for the City. General discussion. The cost of this
project would be $35,000.00. We have thought of having some fund raising events. Discussion
on using funding for this fiscal year and next fiscal year to pay for the project which will take a
year to complete. Further discussion on the sculpture. Discussion on a performing arts center
for Eagle. Discussion on potential projects. Cultural Arts Committee to bring the Council a
proposal from J. L. Snodgrass.
2. City Engineer Report: Vern Brewer, Holladay Engineering, the abutments for the pathway
bridges have been poured. Discussion on the 404 permit.
We have received the 404 permit for the bridge under Eagle Road. General discussion.
I have been meeting with United Water on the new contract and we have been discussing the
language in the contract. I will be meeting with United Water tomorrow. General discussion.
We will also be meeting tomorrow with Mike Hormaechea on the well issues. General
discussion.
3. ACHD Liaison, Larry Sales: The liaison position is working great. City Staff called in
regards to some street lights out at the intersection of Eagle Road. Our staffs are meeting next
week in regards to collecting ACHD Impact Fees. General discussion.
4. Zoning Administrator's Report: Jeff Lowe, City Planner, provides Council an overview of the
Brownfield's seminar that he attended in Portland. Discussion on doing some planning on what
could be developed on the corners of State Street and Eagle Road. Council would like Jeff to
proceed to research this project and also look at urban renewal.
5. City Clerkffreasurer Report: Reminder of the regular Council meeting on Tuesday, December
16,2003 and the meeting on Wednesday, December 17,2003 for the public hearing on Laguna
Pointe which starts at 6:30 p.m.
There is money in the budget to hire a casual employee to do Laser Fiche scanning of City
documents and I would like to proceed to hire a person to scan the building permits. This would
be after the fIrst of the year. General discussion.
6. City Attorney Report: Discussion on changing the official newspaper for the City. The
Valley Times seems to have moved their office out of the City of Eagle.
7. Mayor and Council's 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 7:40 p.m.
2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. All present. A
quorum is present.
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENT: None
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
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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 November 11,2003.
C. Minutes of December 1, 2003.
D. Findin2s of Fact and Conclusions of Law for RZ-3-03 - Rezone With
Development A2reement From R-4 To MU-DA - Paramount Parks at Ea2le
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)
E. Findin2s of Fact and Conclusions of Law for 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 unit
per five-acres) to R-E (Residential-Estates, up to one dwelling unit per two-
acres). The 5.4l-acre site is located on the north side of State Highway 44
approximately Y2 mile east of North Park Lane at 3300 W. State Street. (WEV)
F. Findin2s of Fact and Conclusions of Law for 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. (WEV)
G. Findin2s of Fact and Conclusions of Law for 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 l5.82-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. (WEV)
H. Open Container permit: The Winery at Eagle Knoll is requesting an open
container permit for wine tasting events to be held on December 11th and 18th
from 5:00 p.m. until 9:00 p.m. at The Lettuce Leaf located at 342 E. State St.
(SKM)
Sedlacek moves to remove Items #SF and #SG from the Consent Agenda. Seconded by
Nordstrom. ALL A YES: MOTION CARRIES....................
Nordstrom moves to approve the amended Consent Agenda. Seconded by Sedlacek.
Bastian: AYE; Sedlacek: AYE; Guerber: AYE; Nordstrom: AYE: ALL A YES: MOTION
CARRIES.............. .......
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5F. Findinl!s of Fact and Conclusions of Law for FPUD- 7-03 & FP-9-03 - Final
Develoument Plan and Final Plat for Brookwood Subdivision No.9 - Aries Development.
~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. (WEV)
5G. Findinl!s of Fact and Conclusions of Law for 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 (18-
buildable, 4-common) residential subdivision. This l5.82-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. (WEV)
Mayor introduces the issues.
Sedlacek: We have an addendum for a well purchase agreement and approval of these two plats
needs to be contingent upon the developer signing this agreement.
Sedlacek moves to approve Findings of Fact and Conclusions of Law for FPUD- 7 -03 & FP-
9-03 - Final Development Plan and Final Plat for Brookwood Subdivision No.9 and
Findings of Fact and Conclusions of Law for FPUD-8-03 & FP-I0-03 - Final Development
Plan and Final Plat for Brookwood Subdivision No. 10 - Aries Development LLC
contingent upon the developer signing the Well Purchase Agreement. Seconded by Bastian.
ALL A YES: MOTION CARRIES.....................
6. PROCLAMATIONS & RESOLUTIONS: None
7. FINAL PLATS: None
8. PUBLIC HEARINGS:
A. A-3-03 & RZ-4-03 - Annexation and Rezone From RUT to R-E - Doul!las 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 1,4 mile east of Eagle Road and south of Beacon Light Road. at 657 E.
Beacon Light Road. This item was continued from the November 18, 2003 meeting. (WEV)
B. PP-5-03 - Oakhaven Subdivision - Doul!las 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 '-.4 mile east of Eagle Road and south of Beacon Light
Road, at 657 E. Beacon Light Road. This item was continued from the November 18,2003
meeting. (WEV
Mayor introduces Item #8A and Item #8B. The applicant has requested that these items be
continued.
Jeff Lowe, the applicant has requested that these two items be continued to January 13,2004. as
Central District Health has required further studies from the applicant. General discussion.
Bastian Moves to remand Item #SA. A-3-03 & RZ-4-03 - Annexation and Rezone From
RUT to R-E and Item #SB. PP-5-03 - Oakhaven Subdivision - Douglas Carnahan to staff
and staff should not place said items on an agenda until aU issues are resolved and the
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applications are ready to move forward. Seconded by Sedlacek. Discussion. ALL A YES:
MOTION CARRIES............
C. PPIFP-2-03- Kolander Subdivision - Buddv D. Kolander: Buddy D. Kolander is
requesting combined preliminary plat and final plat approval for Kolander Subdivision, a re-
subdivision of Lot 9, of Academy Place Subdivision. The 9.64-acre, 4-lot residential subdivision
is located at 1260 Rush Road. (WEV)
Mayor introduces the issue.
Pat Tealey, Tealey's Land Surveying, representing the applicant, we have reviewed the staff
findings and we agree with the Findings. Discussion on meeting with ACHD in regards to the
street. General discussion. Discussion on the septic systems.
Jeff Lowe, Planner, displays overheads of the site and provides the Council an overview of the
application. Discussion on the wells, septic and streets. Further general discussion.
Pat Tealey, it is not a requirement for a final plat to have all of these things completed for the
Council to give their approval. The Final Plat will not be signed until all issues are resolved.
Mayor opens the Public Hearing
Mayor closes the Public Hearing
Buddy D. Kolander, applicant, discusses the water rights associated to this property. There is 1/2
share of Farmer's Union water on the West Side. Lots 3 and 4 have no water available. General
discussion.
Council discussion.
Bastian moves to approve PPIFP-2-03- Kolander Subdivision with an additional Site
Specific Condition of Approval No. 13: The items of concern listed in Holladay
Engineering's report dated September 4, 2003 shall be addressed prior to the signing of the
final plat and the other Site Specific Conditions and all stated conditions. Seconded by
Guerber. ALL AYES: MOTION CARRIES..........................
9. NEW BUSINESS:
A. Discussion of Public Works position and Planner position. (NM)
Mayor introduces the issue.
Bastian: Discusses the need for adding a new planner position and a public works position. I
would like to see these positions posted and interviews scheduled. My proposal would be to
have a Planner ill and the Public Works Manager could be advertised to be contracted out.
General discussion.
Bastian moves to instruct the staff to prepare a job description for a Public Works position
to be advertised for us to select the best candidate for a contract position. Seconded by
Guerber. Discussion. Bastian: AYE; Sedlacek: AYE; Guerber: AYE; Nordstrom: AYE:
ALL AYES: MOTION CARRIES................
Bastian moves to instruct the staff to prepare a job description for a Planner that would be
able to carry out the responsibilities as outline in the Inter Office Memo from Bill Vaughan
dated 12/8/03. Seconded by Nordstrom. Discussion. Bastian: A YE; Sedlacek: AYE;
Guerber: AYE; Nordstrom: AYE: ALL A YES: MOTION CARRIES................
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B. Evaluation of City Hall funding options. (NM)
Mayor introduce:) the i:):)ue.
Bastian: What the Council decided to do was to hire a person to do value engineering. This
responsibility fell upon the City Attorney to proceed with this.
10. UNFINISHED BUSINESS:
A. Resolution 03-13: Amendments to the personnel policy manual.
Mayor introduces the issue.
City Clerk Moore: I have made changes to the section on jury duty for your review. In regards
to the section on Comp Time, I have decided not to include in this. I attended an FLSA update
and the information presented and listening to the discussions from other City and County Clerks
in addition to the representatives from the State Payroll Office I decided that this is something
that the City does not need to initiate. Comp Time is not an employer friendly provision. It will
take more time that I thought to do the record keeping and there are issues of liability when an
employee leaves City employment if the record keeping is not extremely accurate.
General Council discussion.
Nordstrom moves to adopt Resolution 03-13 as presented tonight. Seconded by Guerber.
Bastian: AYE; Sedlacek: AYE; Guerber: AYE; Nordstrom: AYE: ALL AYES: MOTION
CARRIES................
11. EXECUTVIE SESSION:
A. Pending or threatened litigation. Lc. § 67-2345(f)
Mayor introduces the issue.
Bastian 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 AYES: MOTION CARRIES.....................
Council discusses pending and threatened litigation.
Council leaves Executive Session at 9:35 p.m.
Mayor and Council's Report:
Sedlacek: Senior Board meeting was today. The new van has been in the shop three times and
had to be towed once. Their Christmas dinner is going to be December 19,2003.
I meet last Friday on the Industrial Development Corporation. Dave is going to work on getting a
flyer together for the Chamber of Commerce to use.
It is time to renew our Gem Community status. General discussion.
Bastian: I meet with Dana and Jon McDaniel, Ada County Sheriff, and they are really interested
in the laser equipment to catch speeders. Dana will make a power point presentation to the
Council next time he is scheduled to present his monthly report. Eagle is one of a few
municipalities that does not have this device. Ada County has decided not to purchase these
devices. The cost is $3,000.00.
I met with the Library Board last night. There is a lot of pressure on scheduling the meeting
room. A lot of people want to schedule the room on a weekly/monthly basis. People are using
this for birthday parties and etc. because it is free. The Board is looking at the regulations to
rewrite them.
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The collection is in the mid 40,000 books being checked out. They have made progress on their
collection. I don't think we should get any argument that we are not funding them. The goal is
60,000 collection.
Discussion on services for homebound people. Weare the only city in the State that does not
provide service to homebound. Volunteers will take the book out and bring it back. General
discussion.
There is a meeting tomorrow night on developing a strategic plan for the Library.
Library Board discussion on how their relationship was with the City. The relationship is good
both ways.
Guerber: Air Quality Meeting tomorrow. DEQ is going to talk about what is going on in the
Treasure Valley. Kuna is actually discussing become a participant.
The Fire Department is getting two new trucks.
Discussion on the new fees for BPI and the calls received.
Nordstrom: I was in Phoenix and had a conversation with Mr. Dennis Dale who is Senior Vice
President of Grossman Company and we discussed Idaho Power. Mr. Dale is totally behind any
efforts that need to go on with our situation with Idaho Power. General discussion.
Discussion on City street lights.
Mayor: I meet with SunCorp and their headquarters are now in Eagle River. Mike Wardel is
their new developer. The development is up Highway 55 above Shadow Valley. 70% will be
left in open space, 35,000 acres. There will be 12,000 acres developed. They are hoping to
capitalize on an Eagle address by calling it North Eagle. General discussion.
Discussion on John Evans' annexation.
John Evans is willing to come talk to the City about Garden City's City Hall. I will schedule him
in after the first of the year.
Discussion on the tractor museum at Eagle Island State Park.
Pat Summerall is going to air on January 7, 2004. I would like to go to Dallas to accept the
award. General discussion.
Discussion on consolidating some applications.
12. ADJOURNMENT:
Guerber moves to adjourn. Seconded by Nordstrom. ALL AYE: MOTION
CARRIES.................
Hearing no further business, the Council meeting adjourned at 10: 15 p.rn.
Respectfully submitted:
~ (. -<-< 0 ~(~
......- SHARbN K. MOORE
CITY CLERKffREASURER
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