Minutes - 2003 - City Council - 12/16/2003 - Regular
ORIGINAL
EAGLE CITY COUNCIL
Minutes
December 16, 2003
~-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m.
1. Ada County Sheriff s Office: Sgt. Dana Borgquist will present the monthly report for
November. Sgt. Borgquist presents the monthly report by Power Point. Distributes the written
report to the Council and discusses the same. General discussion on the report. Sgt. Borgquist
presents a Power Point presentation on the Laser Speed Detection System and discusses the
same. The cost for Laser Speed Detection System is $3,000.00. General discussion.
2. Ada County Highway District representative Larry Sale will present information regarding
possible implementation of a system of vehicle lane rental fees to be charged to contractors who
obstruct traffic flow for utility work. The fees are designed to minimize the length of time a
vehicular lane is closed. Mr. Sale called and he is unable to be at the meeting tonight. John
Edney, ACHD, discusses the vehicle lane rental fees. General discussion.
Angela Comish, representing ACHD, discusses the vehicle lane rental fee. I have been hired to
do a survey report for ACHD. General discussion.
3. Frank Thompson, Valley Times, discusses the location of where the Valley Times office is
located and changing the official newspaper of the City. Wayne Crosby has offered office space
for the Valley Times in his business at 50 E. State Street. Locating a new office in Eagle has just
taken longer than I had planned. I can produce a letter from Wayne verify the office space.
General discussion.
4. City Engineer Report: We have been in a series of meeting with United Water. We are trying
to determine the water consumption of Lexington Hills Homeowners Association. They have
been billed $32.00 for their water bill and it should be $3,200.00. There may be some back
billing to the Lexington Hills Homeowners Association. General discussion.
The bridges on the pathway have been set. General discussion.
5. City Attorney Report: I need to have an Executive Session to discuss litigation and personnel.
I have information that Buster's is going to remove their sign and put up a new sign.
I have not heard back from Mr. Robertson in regards to the Well Agreement. I will call him.
Mediation with ITD is on December 22, 2003.
I have not done anything on value engineering for the new city hall.
Discussion on the letter from Don Belts in regards to the vault at Merrill Park. The back flow
preventer needs to be above ground. General discussion.
6. City Clerkffreasurer Report: Moved to end of Agenda
7. Zoning Administrator's Report: Moved to end of Agenda
8. Mayor and Council's Report: Moved to end of Agenda
REGULAR COUNCIL AGENDA: 7:30 p.m.
1. CALL TO ORDER: Mayor Merrill calls the meeting to order at 7:35 p.rn.
2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. Nordstrom is absent.
A quorum is present.
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENT: Bastian agrees with Nancy that it should be "one nation under God".
We want people to know that we do have this public comment time on our agenda.
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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. Minutes of November 18,2003
C. Minutes of December 9,2003.
Sedlacek moves to approve the Consent Agenda. Seconded by Bastian. ALL A YES:
MOTION CARRIES................
Guerber moves to add to the Agenda as Item #11 an Executive Session to discuss personnel
and litigation. Seconded by Bastian. ALL A YES: MOTION CARRIES....................
6. PROCLAMATIONS & RESOLUTIONS:
A. Gem Communitv Support Resolution No. 03-16:
Mayor introduces the issue.
Sedlacek: Discusses the need to pass this Resolution. The Economic Development Committee
are going to be the Eagle Quest Team who will be authorized to perform the tasks necessary for
certification, the implementation of any grant programs and the sustaining of ongoing economic
development efforts. General discussion.
Sedlacek moves to approve Resolution NO. 03-16 to maintain our Gem Community Status.
Seconded by Guerber. ALL A YES: MOTION CARRIES.................
7. FINAL PLATS:
A. FP-12-03 - Final Plat for Mixed Use Subdivision No.5 - Eaele River LLC: Eaele River
LLC, represented by Roylance & Associates, is requesting final plat approval for Mixed Use
Subdivision No.5. a 28-lot (2l-commercial, 7-common) commercial subdivision. The 36.89-
acre portion of the Eagle River Development is generally located on the southeast comer of
Eagle Road and State Highway 44. The site is within the Eagle City Limits. (WEV)
Mayor introduces the issue.
Bill Clark, Clark Development, I need to make several complaints tonight. I did not receive a
staff report and I called this afternoon and got a copy from our engineer. I wish there would have
been come communication with us.
Jeff Lowe, City Planner: the correspondence has been with Jason with Roylance & Associates as
they have been listed on the application as the representative.
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Bill Clark: There has been the issue of a transit stop on Highway 44 and within the project. We
have had correspondence with Valley Ride. We have learned that ITD is not going to approve
any bus stops on Eagle Road or Highway 44. Discusses Valley Rides transportation plan. This
is out of our control at this time. General discussion. We have a plan of designated locations as
has been approved by Valley Ride and we would preserve this site.
Discusses the second emergency access in Eagle River Development. I thought we had this put
to rest last spring when we met with the Building Official, the Park and Pathway Committee and
Chuck Ferguson. We have provided an emergency access which has costs us thousands of
dollars. We were under the impression from the spring meeting that the second emergency
access was not needed. We are providing a pathway at the location were the second emergency
access is located but it is not designed as an emergency access. General discussion.
Discussion on the roadways.
Jeff Lowe, City Planner, displays overheads of the subdivision and provides Council an overview
of the subdivision and the overall development. The final plat meets the requirements of the
preliminary plat. The bus stop was an outstanding issue that has been carried forward and needs
to be addressed by Council. Discusses the parking, pathways and the second emergency access.
General discussion.
General discussion between Council and Mr. Clark in regards to the development.
Jason Densmer, Roylance & Associates, discusses monitoring of the ponds in Eagle River.
Bastian moves to approve FP-12-03 - Final Plat for Mixed Use Subdivision No.5 - Eagle
River LLC with the following changes: Strike condition #4; modify condition #5 to provide
bus stops at a location as indicated in Mixed Use Sub #5, Bus Stop Exhibit dated 12/16/03;
add a Condition #9: comply substantially with the condition in the Mixed Use #5 Floodway
Exhibit dated March, 2003; add a Condition #10: comply with monitoring
recommendations of the City Engineer as requested in a letter December 11, 2003 and all
other Site Specific and Standards Conditions in this document. Seconded by Guerber.
ALL A YES: MOTION CARRIES................
8. PUBLIC HEARINGS:
A. V AC-5-03 - Vacation to the final Dlat of Creiehton Heiehts Subdivision - Mark and
Heidi Tidd: Mark and Heidi Tidd are requesting a vacation to the final plat of Creighton Heights
Subdivision to remove an Ada County Highway District right-of-way. The 30-foot wide by 392-
foot long unopened right-of-way is located along the western lot line of Lot 10, Block 1, of
Creighton Heights Subdivision. (WEV)
Mayor introduces the issue.
Mayor swears in Mark Tidd.
Mark Tidd, applicant, my wife and I have submitted an application for a vacation of an ACHD
unopened roadway. Displays a site plan and provides Council an overview of the application.
Planning & Zoning did approve this vacation.
Jeff Lowe, City Planner: Displays a site plan. Staff has recommended approval of the vacation
of this roadway. This is a road to nowhere. The Commission approved this vacation.
Mayor opens the Public Hearing
Mayor closes the Public Hearing
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Sedlacek moves to approve V AC-S-O3 - Vacation to the final plat of Creighton Heights
Subdivision with staff recommended conditions of approval. Seconded Guerber. ALL
AYES: M OTI 0 N CARRIES................
B. CU-ll-03/PPUD-4-03/PP-7-03 - Savbrook Villaee Planned Unit Development - N.JN.
LLC NJN, LLC, represented by Land Consultants Inc., is requesting a conditional use permit,
preliminary development plan and preliminary plat approvals for Saybrook Village Subdivision,
a residential/commercial planned unit development. The 19.58-acre development consists of a
l6-lot (8-residential, 5-commercial, 2-common, l-church) subdivision. The site is located on the
south side of West State Street approximately ¥I-miles west of Eagle Road at 1161 West State
Street. (WEV)
Mayor introduces the issue.
Mayor swears in Mark Butler.
Mark Butler, representing the applicant, displays a site plan and provides Council an overview of
the application. Displays a concept plan and discusses the same. Displays a roadway design and
discusses the same. General discussion.
Jeff Lowe, City Planner: Displays overheads and provides Council an overview of the
application. Residential is allowed in the zone. Nursing homes and senior living is allowed in
the zone with a conditional use permit. Discussion on saving the mature trees and the private
road. The Commission recommended approval. Discussion on the set backs. General
discussion
Mayor opens the Public Hearing
Mayor swears in Tim Bun.
Tim Bunn, 1416 W. Rush Road, discusses an alternate method of compliance in regards to curb
and gutter. Provides Council an overview of the project. General discussion.
Mayor swears in Mike Chase.
Mike Chase, 70 W. Floating Feather, the Church has always been an active organization in this
community and I would urge the Council to look favorably on this project.
Mayor swears in Shawn Nord.
Shawn Nord 5337 State Street, Eagle, I've been going to this Church for 15 years and I can see
how this could work out good for the Church and the developers. I would ask that you consider
some of the special needs of the residents that are going to be living here in regards to the
commercial use.
Mayor swears in Jim Shaddock.
Jim Shaddock, I represent Ashley Manor, provides Council an overview of Ashley Manor, we
have been working with Mark on this project. As a Board Member of West Valley Little League
I like the ball fields. General discussion.
Mark Butler: I'm hoping that when you get in deliberations that we can discuss any issues that
you are having a problem with. General discussion.
Jeff Lowe, City Planner: The applicant for this subdivision is the Church and NJN, they are the
co-applicants. The Church and the residential are all part of this subdivision. Cites Eagle City
Code on curb, gutters and sidewalks. The City is requiring the improvements not ACHD.
General discussion.
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City Attorney Buxton: Discussion on the 2001 letter dated. The City needs to follow its own
code. Discussion on the Bond that the City holds for the street improvements. General
discussion.
Mayor closes the Public Hearing.
General Council discussion.
Mark Butler: Discusses the berming. General discussion.
Further Council discussion.
Guerber moves to continue CU-ll-O3/PPUD-4-03/PP-7-03 - Saybrook Village Planned Unit
Development to the January 13, 2004 at which time we will have further testimony for staff
and the applicant to propose solutions to the concerns we have along State Street.
Seconded by Bastian. ALL AYES: MOTION CARRIES...................
Mayor calls a recess at 10: 10 p.m.
Mayor reconvenes at 10120 p.rn.
C. RZ-6-03/CU-I0-03/PPUD-3-03/PP-6-03 - Windine Creek Planned Unit Development-
Salmon Point Development. Inc.: Salmon Point Development LLC, represented by Ron Bath, is
requesting a rezone from C-2 (General Business District) to MU-DA-P (Mixed Use with
development agreement and PUD) for conditional use permit, preliminary development plan, and
preliminary plat approvals for Winding Creek Subdivision, a residential/commercial planned unit
development. A l7.43-acre portion of the development consists of an 89-lot (59-residential, 17-
commercial, l3-common) subdivision, with the remaining 3.93-acres (Lot 1, Block 3) to be
subdivided at a later date. The site is located on the north side of State Street approximately 100-
feet east of Palmetto Avenue at 988 State Street. (WEV)
Mayor introduces the issue.
Mayor swears in Ron Bath
Ron Bath, representing the applicant, I hope this is the last time I will need to state the former
Trolley Square property. The best thing you can do when you pick up a project like this is to
develop a project that will not fail. I can see that this project could become the center of the City
with future growth. There is a big need in this City for development of small business spaces.
Displays a site plan and provides Council an overview of the proposed project. I was only able
to purchase this site which is 20 acres. General discussion.
Mayor swears in Phil Hull
Phil Hull, The Land Group, representing the applicant, displays overheads of the site plan and
the revised plan and provides Council an overview of the application. General discussion.
Jeff Lowe, City Planner: Displays overheads and provides Council an overview of the project.
Discussion on open space. The Commission felt that due to the uniqueness of the property and
the density, would allow the deviation from the code requirement on open space. This property
is zoned general business district. This site needs to be rezoned. Staff believes this is a good fit
and will not require changing the Comp Plan. Discussion on the set backs.
Mayor opens the Public Hearing
Mayor swears in Dave Fisher, BFI
Dave Fisher, BFI, our concern that if it is not strictly enforced preventing cars from parking in
the alley it is not a problem for our trucks. General discussion.
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Mayor swears in Mike Chase
Mike Chase, 70 Floating Feather Road, I like to concept but my concern is the alleys and who
will clear them in bad weather.
Mayor closes the Public Hearing
Ron Bath, applicant, discusses the CC&R's. I have a good set of CC&R's that I use and I will
tighten them up for this project. General discussion.
General Council discussion.
Bastian moves to approve RZ-6-03/CU.I0-03/PPUD.3-03/PP-6-03 - Windine Creek Planned Unit
Development with the following modifications of the Site Specific Conditions: #17. That all
private streets have 6"vertical curbs and gutters with the except of all alleyways; Site
Specific Condition #38. Language to be added to the CC&R's to notify homeowners that
any cars parked in the alleyways would be subject to immediate towing and this would be
noted at the time of purchase of the property; Site Specific #46. That the subdivision will
comply with the Design Review criteria adopted in the Eagle Architecture & Site Design
Book. Seconded by Sedlacek. Discussion. ALL A YES: MOTION CARRIES..............
9. UNFINISHED BUSINESS:
A. Review of addendum to solid waste contract with B.F.I. - Tanya Mericle. (SEB)
Mayor introduces the issue.
City Attorney Buxton: We have gone through this and there are very few changes. Discusses on
the changes to the Contract. General discussion.
Tanya Mericle, BFI: Discusses the new contract, the fee schedule, and general services. General
discussion.
Guerber moves to accept the solid waste contract as amended. Seconded by Sedlacek.
Discussion.
Bastian moves to amend the motion to add the following: Leaves will be collected
separately for composting during the month of November subject to negotiations between
the City and the Contractor. Seconded by Sedlacek. ALL A YES: MOTION
CARRIES.............
Further discussion.
Bastian moves to amend the motion to add the following: If volume of recyclable materials
exceeds capacity of one Contractor-supplied bin, customer may purchase additional bins
from Contractor or a similar bin or container from an area retailer. Seconded by Guerber.
ALL AYES: MOTION CARRIES................
ROLL CALL VOTE ON ORIGINAL MOTION: Bastian: AYE; Sedlacek: AYE; Guerber:
AYE: ALL AYES: MOTION CARRIES.........................
Further Council discussion.
10. NEW BUSINESS:
A. 1st Street ParkinS!: Lot Ground Maintenance AS!:reement: (SKM)
Mayor introduces the issue.
General discussion on snow removal.
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Guerber moves to accept the 1st Street Parking Lot Ground Maintenance Agreement as
proposed. Seconded by Bastian. Bastian: AYE; Sedlacek: AYE; Guerber: AYE: ALL
AYES: MOTION CARRIES.................
B. Ordinance No. 463: Changing the official newspaper to The Idaho Statesman: (SKM)
Mayor introduces the issue. We discussed this in Pre-Council with Frank.
Bastian moves to table Ordinance No. 463. Seconded by Guerber. ALL AYE: MOTION
CARRIES................ ......
c. Review of Trautman's proposal for three vear park maintenance contract. (SKM)
Mayor introduces the issue.
General Council discussion.
Bastian moves to renew our Landscape Maintenance Contracts with Trautman Lawn and
Landscape Company to be a multi year contract for the years 2004, 2005 and 2006 with the
agreement to a 3% increase in 2005 and 2006. Seconded by Sedlacek. Bastian: AYE;
Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES....................
11. Executive Session - Personnel 67-2345(a) and pending or threatened litigation 67-2345(t).
Guerber moves to go into Executive Session for the discussion of personnel and pending or
threatened litigation. Seconded by Sedlacek. ALL A YE: MOTION CARRIES...............
Council discusses personnel and pending or threatened litigation.
Council leaves Executive Session at 12:45 p.m.
Sedlacek moves the Mayor and the City Attorney attend the mediation on December 22,
2003, and they have the full authority to negotiate on behalf of the City of Eagle. Seconded
by Guerber. ALL A YES: MOTION CARRIES................
PRE-COUNCIL REPORTS:
Zoning Administrator's Report: Would you be in favor of letting the Baptist Church have
temporary occupancy of the shop building in the back providing that it meets the Building
Officials requirements for a time frame of no longer than a year? Council concurs.
Discussion on Jeff Hueber talking to the property owner across Horseshoe Bend Road on the
berm that was required on that property. Jeff will write the City a letter on what their intent is.
Jeff Hueber and the adjacent property owners have reached an agreement and we will get that in
writing. General discussion.
Discussion on the moratorium issue and appeal on Senora Creek.
City Clerkffreasurer Report: No report
Mayor and Council's Report:
Sedlacek: The Sewer District is having elections in February.
day Petitions can be turned in. General discussion.
The 26th of December is the last
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12. ADJOURNMENT:
Guerber moves to adjourn. Seconded by Bastian. ALL A YES: MOTION
CARRIES...
Hearing no further business, the Council meeting adjourned at 1 :00 a.m.
Respectfully submitted:
~~~o -~~
SHARON K. MOORE
CITY CLERKITREAS URER
APPROVED:
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