Minutes - 2005 - City Council - 07/12/2005 - Regular
"'ORIGINAL
EAGLE CITY COUNCIL
Minutes
July 12, 2005
1. CALL TO ORDER: Mayor calls the meeting to order at 5:00 p.m.
2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. All present.
A quorum is present.
3. BUDGET WORKSHOP:
1.
2.
3.
Eagle Historical Commission Report: Historic Commission asking for $17,500.00
from Cable Franchise Fees. Diane Scott, President Historic Commission discusses
hiring a part-time employee to help staff the Museum. Discussion on the proposed
budget for the Historic Commission. General discussion.
New City Hall Lease Payments - Appropriation for FY 05/06 - Approximate
annual lease payment $236,097.00 - 7 months (March-Sept 2006) lease payments
$137,723.25. General discussion. Council concurs to add the appropriation of
$137,723.25 to the FY 05/06 budget for the lease of the new City Hall building
from Hawkins-Smith.
Ron Baker, Library Director, distributes budget information to the Council. The
budget proposal for FY 05/06 comes directly from the Strategic Plan. Discussion
on the projected revenue and expenditures. The Library Board has requested
$57,000 from the City of Boise for the next two fiscal years. This fiscal year we
received $39,000. General discussion.
Terry Loftus, President of Library Board: I'm standing in defense of the proposal
presented by Mr. Baker. Our library is the only library in the area that does not
have a Children's Librarian. We have upscale library but we are not a full service
library yet and the Strategic Plan will put us at a full service library. General
discussion.
Jo Bolen - Audit report: Jo Bolen discusses the FY 03/04 audit report. The audit
report went very well and most funds are doing well. Discussion on the Water
Fund. General discussion. The report is under GASB 34.
Mayor calls a recess at 6: 15 p.m.
Mayor reconvenes at 6:25 p.m.
4.
5.
6.
Eagle Police Department Report: Police Chief Dana Borgquist, distributes a Law
Enforcement Assessment report to the Council and discusses the budget needs for
FY 05/06. General discussion. Council concurs with the budget as present which
would add one patrol deputy and a juvenile detective for the summer months.
Council would like to have the costs of adding an additional deputy.
Building Officials Report: Mike Mongelli, Building Official.
a. Recommended increase in building permit fees for FY 05/06 -
Discusses the increase in building permit fees for residential and commercial. This
fiscal year we have seen an increase in commercial building permits. Discussion on
the projection for FY 05/06. I'm recommending a 42% increase in building permit
fees for FY 05/06 to $966,402 for building permits and $233,598 for plan review
fees. We may see some additional residential permits coming in for FY 05/06 for
Page]
K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-O7-1 2-05min.doc
Lakemoors new development if Council wants to raise this projection. General
discussion. We could project $1.5M. Council concurs to project $1.2M and see
how the rest of the budget goes.
b. New Vehicle: Our new inspector will soon be certified and the department will
need another vehicle. The white truck could be used as a staff vehicle. Council
recommends buying two new vehicles in FY 05/06.
c. New Administrative Clerk position - (See Attachment A) Discussion on the need
for an additional admin clerk position because of the work load. Council concurs to
move forward with the hiring of a new admin clerk for the Building Department.
Zoning Administrators Report:
a. New Planner II position - (See Attachment A) We will fill this position as soon
as we get it advertised.
b. 36" Map Plotter - estimate $10,000 including software. I have done some
research and $10,000 is on the high end. General discussion.
This fiscal year: New City Equipment - unexpended $97,812.00
New CH Equipment (FY05/06 Budget $100,000 New City Hall
Equipment/Furnishings) Council concurs to look into buying this piece of
equipment this fiscal year.
c. New water connections to City Water System - for budget purposes. I would
estimate a conservative figure of 75 hook ups on the system.
Facilities Manager Report: Mick McCurry:
a. Park maintenance and repair: I'm recommending an increase to $20,000 to cover
the cost of painting the gazebo at Heritage Park.
b. Pathway projects: The Park & Pathway Committee will be meeting next week to
discuss their budget needs. Discussion on potential budget items. General
discussion.
c. Ranch Road landscape islands: We received proposals to redo these islands last
year so it is up to you to decide if you want to proceed forward.
d. Eagle Sports Complex: This will be discussed further on the Agenda.
e. Lakemoor Park: We have a preliminary design of the park. They have
calculated the costs for soccer fields and the parking lot but I have not received
these costs from the City of Boise. This is a cost share project. The City will be
responsible for half of the costs which will be put in the budget.
f. Water system improvements: The water system improvements of $2.1 Mare
included in the judicial confirmation. This includes water storage tank, a new well,
standby power, and a new well house.
g. Water Master Plan implementation
h. Discussion on being able to use a City vehicle. The white truck would be
adequate for what I would need.
Eagle Arts Commission Report: Linda Butler:
a. Cultural Arts Commission budget: Distributes a proposed budget to the Council
and discusses the same.
b. Public Art Project for new city hall. General discussion on this project. Mayor
discusses a Veterans Memorial at the new city hall.
Mayor calls a recess at 7:30 p.m.
Mayor reconvenes the meeting at 7:45 p.m.
7.
8.
9.
4. PLEDGE OF ALLEGIANCE:
Page 2
K:ICOUNCIL\MINUTESITemporary Minutes Work AreaICC-O7- I 2-05min doc
Larry Sale, Liaison ACHD: I would like to introduce my replacement, Kirk Hansen who
also lives in the City of Eagle.
5. PUBLIC COMMENT: Jay Friday, 1528 N. Sonna, I am also a Board Member of
the Farmer's Union Ditch Company. My concern is the Prime Earth gravel pit. It seems
to be getting real close to our ditch and also the RV park in the area. Distributes pictures
to the Council. Our canal has been in the same place since 1894. Reads a letter into the
record. General discussion.
City Attorney: My firm also represents Farmers Union Ditch Company. We have a dual
interest, representing the City and the ditch company. We have sent Prime Earth letters
addressing these concerns. Discusses a letter received from Prime Earth's attorney which
was received in July. I would suggest that an injunction be filed in behalf of the city and
the ditch company. I am asking for the city and the ditch company to waive a conflict of
interest for my firm to represent both entities. General discussion.
Guerber moves that the Council authorize our attorney to proceed with seeking an
injunction and compliance of Prime Earth to the Conditional Use in regard to the
issue. In the process we declare that the City does not have a problem with the
attorney representing the City and the Farmers Union Ditch Company. Seconded
by Bastian. Discussion. ALL AYES: MOTION CARRIES...................
Further discussion. Council Member Sedlacek will be the contact person from the City
in regards to this issue.
6. 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.
A. Claims Against the City.
B. Minutes of June 28, 2005.
C. Findin!! of Fact and Conclusions of Law for CPA-I-OS & RZ-I-OS & CU-l-
OS - Comprehensive Plan Amendment from Residential Four to Central
Business District. Rezone with Development A!!reement From R-4 to CBD-
DA and Conditional Use Permit - Ea!!le Hei!!hts Baptist Church: Eagle
Heights Baptist Church, represented by CSHQA, is requesting a Comprehensive
Plan Amendment to change the land use designation on the Comprehensive Plan
Land Use Map from Residential Four (up to four units per acre) to Central
Business District, a rezone from R-4 (Residential up-to four dwelling units per
acre) to CBD-DA (Central Business District with Development Agreement), and
a conditional use permit to construct a residential/commercial development. The
1.83-acre site is generally located on the south east corner of East Mission Drive
Page 3
K:ICOUNCIL\MINUTESITemporary Mmutes Work Area\CC-O7-12-05mindoc
and Eagle Road at 291 North First Street. (WEV)
D. Findin!!s of Fact and Conclusions of Law for A-2-0S & RZ-4-0S -
Annexation and Rezone From RUT. R4. and R-E to A-R and R-3-
Goldcreek Developers. LLC: Goldcreek Developers, LLC represented by The
Land Group Inc., is requesting an annexation and rezone from RUT (Rural
Urban Transition) and R4 & R-E (Residential) to A-R (Agricultural-Residential)
& R-3 (Residential up to three units per acre). The 26.66-acre site is located
approximately 1,700 feet south of Floating Feather Road and west of Park Lane
at 655 Park Lane. (WEV)
E. Findin!!s of Fact and Conclusions of Law for PP-4-0S - Ea!!le Creek
Subdivision - Gold Creek Developers LLC: Gold Creek Developers LLC,
represented by The Land Group Inc., is requesting preliminary plat approval for
Eagle Creek Subdivision, a 71-lot (58-buildable, l3-common) residential
subdivision. The 26.66-acre site is located approximately 1, 700-feet south of
Floating Feather Road and west of Park Lane at 655 Park Lane. (WEV)
F. Winery at Ea!!le Knoll is requestin!! an open container permit. (SKB)
G. United Way of Idaho is requestin!! an open container permit. (SKB)
Bastian moves to add the following items to the Consent Agenda: Item #6F. Winery
at Eagle Knoll is requesting an open container permit and Item #6G. United Way of
Idaho is requesting an open container permit. Seconded by Sedlacek. ALL A YES:
MOTION CARRIES......................
Mayor: I would like to add as Item #12 an Executive Session for the acquisition of
land and pending litigation.
Bastian move to add as Item #12 an Executive Session for the acquisition of land
and pending litigation. Seconded by Guerber. ALL AYES: MOTION
CARRIES........ ...
Bastian moves to approve the Consent Agenda as amended. Seconded by
Nordstrom. Discussion. Bastian: AYE; Sedlacek: AYE; Guerber: AYE;
Nordstrom: AYE: ALL AYES: MOTION CARRIES............................
7. PROCLAMATIONS & RESOLUTIONS:
A. Resolution OS-IS: A Resolution Of The Eagle City Council, Eagle, Ada County, Idaho
Repealing Any And All Existing Future Land Use Designation Maps, And Adopting The
Amended Future Land Use Designation Maps; Affirming That Prescribed Notice And Hearing
Requirements Were Met In Accordance With Title 67, Chapter 65, Idaho Code; And Providing
An Effective Date. (WEV)
Mayor introduces the issue.
Sedlacek moves to approve Resolution OS-IS. Seconded by Guerber. ALL A YES:
MOTION CARRIES...............
8. FINAL PLATS: None
9. UNFINISHED BUSINESS:
A. Discussion on hirin!! a Museum Curator. (Diane Scott)
Mayor introduces the issue. This was briefly discussed previously in our Budget Workshop.
Page 4
K:\COUNCIL\MINUTESITemporary Minutes Work AreaICC-O7-12-05min.doc
Nordstrom moves to carry this to the budget discussion later in the agenda. Seconded by
Sedlacek. ALL AYES: MOTION CARRIES................
10. PUBLIC HEARINGS:
A. CU-2-98-MOD - Conditional Use Permit Modification for Montessori Childcare Center
- B.B. One: B.B. One, LLC, represented by Jody Malterre, is requesting conditional use
approval to add 4,459-square feet to the existing 9,500-square foot Montessori childcare center
(space expansion within the same building) and to expand the outdoor play area by 8,000-square
feet. The 2.9-acre site is located within Channel Center Subdivision near the southwest corner of
State Highway 44 and South Eagle Road at 655 South Rivershore Lane. (WEV)
Mayor introduces the issue.
Jody Malterre, applicant, because of demand to expand our school we are requesting a
modification of our Conditional Use Permit. Displays an overhead of the site plan and discusses
the expansion plans and changes to the landscaping.
Zoning Administrator Vaughan: Displays overheads and provides Council an overview of the
application of the modification to the Conditional Use Permit. Staff and the Planning and Zoning
Commission have recommended approval. General discussion.
Mayor opens the Public Hearing
Mayor closes the Public Hearing
Jody Malterre, our enrollment is between 160-170. Over four years we would add 50-55 more
students. Discusses the school hours. Discussion on the parking spaces.
Further Council discussion.
Bastian moves to approve CU-2-98-MOD - Conditional Use Permit Modification for
Montessori Childcare Center as presented in the document before us with a modification to
site sp condition #2 which reads "Comply with any applicable requirements of the City
Engineer" and add "recommendation of Roylance Associates dated July 11, 200S".
Seconded by Sedlacek. Discussion. THREE AYES: ONE NAY: MOTION
CARRIES................
B. PP/FP-2-0S - Creekview Subdivision - Thomas G. Maile: Thomas G. Maile is requesting
combined preliminary plat and final plat approval for Creekview Subdivision, a 2-lot residential
subdivision. The 4.85-acre development is located approximately 3400 feet east of Ballantyne
Road on the south side of Rush Road at 1013 W. Rush Road. (WEV)
Mayor introduces the issue.
Thomas Maile, applicant, by way of history I sat here as a Council Member in the 1980's. I'm
requesting approval of Creekview Subdivision. I have previously discussed doing a lot split.
Provides Council a history of the property ownership. You couldn't have a smaller subdivision,
it is two lots. We are in agreement of the staff report and we will be in agreement of whatever
the Council approves. Discussion on the conditions of approval.
Zoning Administrator Vaughan: Discussion on ACHD's Condition of Approval, requirement of
CC&R's, discussion of street lights, and discussion on the utility poles. General discussion.
Mayor opens the Public Hearing
Mayor closes the Public Hearing
General discussion between applicant and Council.
Page 5
K:ICOUNCIL\MINUTESITemporary Minutes Work AreaICC-O7-12-05min.doc
Sedlacek moves to approve PP/FP-2-0S - Creekview Subdivision with Site Specific
Conditions of Approval #4 & #S removed. Seconded by Guerber. Discussion. Sedlacek
modifies the motion to leave Site Specific Condition #S in. Seconded concurs. ALL A YES:
MOTION CARRIES................
C. A-S-OS & RZ-8-0S - Annexation and Rezone from RUT to PS-DA with a Development
A!!reement - Ea!!le Sewer District: The Eagle Sewer District, represented by Daren Fluke with
J-U-B Engineers Inc., is requesting an annexation and rezone from RUT (Rural Urban
Transition) to PS-DA Public/Semi-public with a development agreement. The 53.2-acre site is
located on the south side of State Highway 44 approximately 200-feet west of Ballantyne Road at
1993 West State Street. (WEV)
D. CU-4-0S - Conditional Use Permit - Ea!!le Sewer District: The Eagle Sewer District,
represented by Daren Fluke with J-U-B Engineers Inc., is requesting a conditional use permit to
allow for expansion of the existing wastewater treatment facility. The 53.2-acre site is located on
the south side of State Highway 44 approximately 200-feet west of Ballantyne Road at 1993
West State Street. (WEV)
Mayor introduces the issues.
Council Member Sedlacek: Eagle Sewer District is my employer so I will need to step down.
Daren Fluke, J-U-B Engineers, represents the applicant. Provides Council a history of the
application. Discussion on the berm. We did hold a neighborhood meeting and no objections.
We have done a good job working with the neighbors. General discussion.
Lynn Moser, Eagle Sewer District General Manager, discusses the concept plan. This is really a
concept plan. It will take about 18 months to build this facility and we have to hire an
engineering firm prior to construction. We want to have some flexibility to build our facility.
We have looked at some plants that don't even look like a facility plant. General discussion. 2)
Zoning Administrator Vaughan: You have already discussed the issues that I would provide in
my report. The Commissioners were concerned about the western visual impact along the
transportation corridor. General discussion.
Mayor opens the Public Hearing
Mayor swears in Lynne Sedlacek.
Lynne Sedlacek, 1200 Hereford Drive, I have been the office manger of Eagle Sewer District for
17 years and I am a member of the City Council and I am here in behalf of parents and brother
who live on State Street. This is the worse case scenario of what the Sewer District can do. I
feel comfortable that the Sewer District can mitigate light, noise and odor. Discussion on
screening and berming. I feel we should wait until we see what kind of a facility is going to be
built before screening and berming is decided. General discussion.
Mayor swears in Jason Pierce
Jason Pierce, 5016 E. Rockingham Drive, I am a P&Z Commissioner. One of our concerns was
that this was an entrance to our City so that is why we considered berms. Discussion on the
regulations on odors.
Mayor also opens the Public Hearing on the Conditional Use Permit
Mayor closes both Public Hearings
Lynn Moser, discusses the long range plan for building the facility. Our first step is to do a RFQ
for an engineer. We are looking at 20 year facility plan. This will probably take 18 months. It
would probably be July 07 before we have the facility plan. Realistic we may not turn any dirt
Page 6
KICOUNCIL\MINUTESITemporary Minutes Work Area\CC-O7- I 2-05min doc
until 09/1 O. There are regulation issues and monetary issues to consider. General discussion.
Further Council discussion.
Nordstrom moves to approve A-S-OS & RZ-8-0S - Annexation and Rezone from RUT to
PS-DA with a Development Agreement - Eagle Sewer District as submitted with all Staff
recommendations and in regards to condition #2.1.9 that we strike after SO' "with 7'
berm". Seconded by Bastian. Discussion. ALL AYES: MOTION CARRIES..................
Nordstrom moves to approve CU-4-0S - Conditional Use Permit - Eagle Sewer District
as submitted with the following site conditions: That the applicant provide a statement as
to the treatment style to handle odor control on the property to final completion, that they
bring the plant style to the Design Review Board along with the Design Review Board
agreeing to and approving an East and West buffer so they can incorporate the buffering
and plant for visual benefit. That the East and West buffering will be required prior to the
issuance of a building permit. Seconded by Bastian. Discussion. ALL A YES: MOTION
CARRIES..............
11. NEW BUSINESS:
A. LS-3-0S - Lot Split - A. Glen & Pauline Nielson: A. Glen & Pauline Nielson, represented
by John Eddy, is requesting approval of a lot split for the creation of two lots. The 1.15-acre site
is located on the east side of Edgewood Lane at 270 North Edgewood Lane. The rear of the
property is fronted by Harvey Street. (WEV)
Mayor introduces the issue
John Eddy, representing the applicant, discusses the easements on the property. The applicant
has already received permission for ACHD to build the road.
Zoning Administrator Vaughan: Displays overheads and provides Council an overview of the
application. Staff has recommend approval of this lot split together with the City Engineer.
General discussion.
Pauline Nielson, applicant discusses the ACHD recommendation, the hearing and the appeal.
ACHD ruled in our favor.
Further Council discussion.
Bastian moves to approve LS-3-0S - Lot Split. Seconded by Sedlacek. ALL A YES:
MOTION CARRIES..............
Mayor calls a recess at 10:00 p.m.
Mayor reconvenes at 10:00 p.m.
B. Ea!!le/Meridian area of impact compromise discussion. (NBS)
Mayor introduces the issue.
Planner II Baird-Spencer: Discusses the Eagle/Meridian area of impact compromise. Discussion
on staff recommendations. General discussion.
Guerber moves to approve the proposed draft letter of July 11th to the City of Meridian
and authorize the Mayor to sign. Seconded by Nordstrom. Discussion. TWO A YES:
TWO NAYS: MAYOR VOTES AYE: MOTION CARRIES.................
Further Council discussion.
C. Removal and !!radin!! of dirt at Sports Complex. (NM)
Page 7
KICOUNCIL\MINUTES\Temporary Minutes Work AreaICC-O7- I 2-05min doc
Mayor introduces the issue.
Discussion on a proposal from a developer to level the ball fields and dig the pond in exchange
for removing the excess fill dirt. Discussion on the first phase of the plan which includes the ball
fields. General discussion.
City Attorney: I have given notice to the County to do this. Since it is in the County it would
require a grading permit.
Discussion on proceeding with annexation of this property. When this is annexed all permitting
would come under the City of Eagle.
Further discussion on development of the Park.
Discussion on acquiring water shares.
Council concurs to go ahead with a formal annexation.
Nordstrom moves to direct Staff to go ahead with annexation of the Eagle Sports Park and
take advantage of Ron Baths offer to remove dirt off from the site and that the City
Engineer oversee the staking and removal of the dirt off from the site. Seconded by
Guerber. ALL AYES: MOTION CARRIES.....................
D. Letter re!!ardin!! water meetin!!. (NM)
Mayor introduces the issue.
Vern Brewer, Holladay Engineering, reports on water issues and the meeting held today in
regards to water issues with Mary from the Department of Water Resources.
Discussion on the Citizens' Interested in Water Issues Meeting Letter. Discussion on
representation on the panel.
General Council discussion on the Budget.
Council schedules a budget workshop on Thursday, July 21,2004 at 6:00 p.m. to discuss the
items on the agenda that did not get addressed.
12. REPORTS:
City Engineer Report: Vern Brewer, Holladay Engineering, Legacy is going to hold a public
meeting on July 19th at the Eagle Library.
I'm on the Communities in Motion and they are looking at connecting Beacon Light at Hwy 55
to 184. General discussion.
Reports on a meeting with Dave Neal at the Ada County Landfill on the location of the storage
tank. There will be additional costs associated with the location that the County is wanting. I'm
trying to talk to the County Engineer.
We have all of the DEQ comments and we are printing our Master Plan. We have been assigned
a new reviewer. This could be within 30 days. General discussion.
Discussion on the BLM reservoirs.
City Attorney Report: Susan Buxton: Ransom Bailey has left our firm and Tammy Zokan has
been assigned to work with the City of Eagle.
Council would like her to be in Eagle on the same type of schedule that Ransom had, at least one
afternoon a week.
Planner III Baird-Spencer: Reports on the Blue Print for Good Growth. The next phase will be to
work with individual jurisdictions. General discussion.
Page 8
K:ICOUNCIL\MINUTESITemporary Minutes Work Area\CC-O7-12-05min.doc
13. Executive Session for the acquisition ofland and pending litigation.
Bastian moves to go into Executive Session for the acquisition of land and pending
litigation. Seconded by Guerber. Bastian: AYE; Sedlacek: AYE; Guerber: AYE;
Nordstrom: AYE: ALL AYES: MOTION CARRIES...................
Council discusses pending litigation and land acquisition.
Council leaves Executive Session at 12:00 a.m.
Mayor and Council's Report:
Guerber: Air Quality tomorrow.
Sedlacek: the Seniors are going to ask for more money for the van.
The Chamber would like to have more police for Fun Days and have the City help with the cost.
Bastian: Reports on the Library Board meeting.
I would recommend that we add another traffic officer to the Police budget if we can.
Mayor: I have been involved with the golf course.
Discussion on having a full time Mayor.
City Clerk/Treasurer Report: No Report
Zoning Administrator's Report: No Report
14. ADJOURNMENT:
Bastian moves to adjourn. Seconded by Guerber. ALL AYE: MOTION
CARRIES...
Hearing no further business, the Council meeting adjourned at
Respectfully submitted:
V~~~~R~~~~
CITY CLERK/TREASURER
p.m.
Page 9
KICOUNCIL\MINUTES\Temporary Minutes Work Area\CC-O7-12-05mm.doc
Mayor: Nand- C. Merrill
CITY OF EAGLE
P.O. Box 1520
Eagle, Idaho 83616
939-6813
Citizens' Interested in Water Issues Meeting
cc 7-1-1-05
Council: Stanley J. Bastian
Steve Gucrbcr
Scott Nordstrom
Lynne Sedlacek
We have recently been involved in many water issues, not only in
the City of Eagle, but through out Ada County, as well as the State
of Idaho.
As leaders in our community we want to do our share to protect
this precious water source.
We have recently adopted a groundwater ordinance to insure that
when land is annexed for the purpose of new development, any
water that is with the land stays with the land and is used for that
new development.
As we draft new laws we often find there is a lot of concern and
many questions, including ground water and surface irrigation
water rights, as well as the procedure for permitting municipal
wells. We are asked such questions as,
"What is the permitting process and requirements? What is the
health of our Aquifers in the Eagle Area? How do municipal wells
differ from domestic wells, and many more questions dealing with
a wide range of water issues."
We are very concerned that the correct information is presented in
the proper forum.
We would like to invite the water experts to join us as we offer to
the general public in our area an opportunity to have these
questions answered by the agencies that they know and trust.
We would like to invite you or someone from your agencies to join
us for a question and answer session where we can all get the
correct answers from the experts.
If you or another member of your agency is willing to participate
or if you have a better idea how we might facilitate this dialogue
please contact Mayor Nancy Merrill Eagle City Hall 939-6813, or
e-mail me at nmerri1104@msn.com.
I am planning on either August 17 or 18 for this meeting.
I hope you will consider being a part of a great discussion.
The more people we can reach, the more we can all understand the
critical need to protect this great resource.
Thank You for your time and for your consideration.
Sincerely
Mayor Nancy Merrill
City of Eagle
INTER
OFFICE
City of Eagle
Zoning Administration
To:
From:
Subject:
Date:
Attachment(s):
Copy To:
Mayor Merrill and City Council Members
Nichoel Baird Spencer, AICP, Planner III
Eagle City Code Water Ordinance Changes
July 12, 2005
Proposed Changes
Susan Buxton
Attached you will find draft changes to Eagle City Code Title 8 & 9 (Zoning & Subdivision) to
better integrate the Water System Ordinance (Ord. 479) with the rezone and development
process. The changes will provide for findings relevant to water system development for a
rezone and preliminary plat as well as design standards within the subdivision standards. These
changes will ensure that developer and property owners are directed to ECC Section 6-5 for the
water system development and improvements that are required by Ordinance 479.
Under Idaho Code amendments to the zoning and subdivision codes (ECC Title 8 & 9) require a
public hearing and recommendation form the Eagle Planning and Zoning Commission prior to a
hearing and adoption by the Eagle city Council Eagle City Code Section 8-7-5B(2) requires a
motion from Council to begin a zoning ordinance amendment.
Staff requests the council formal motion to begin the hearing process on the attached changes to
Eagle City Code Title 8 & 9.
Page 1 of 1
K:1PIa using DeptlMisc Ottter120051ZOA TEXT AMENDMEN 1wntcr me2.doc
PROPOSED CHANGES TO ECC TITLE 8 & 9
ZONING ORDINANCE AMENDMENTS
8-7-5: AMENDMENTS:
A. Authority: Whenever the public necessity, convenience, general welfare or good zoning
practices require, the council may, by ordinance after receipt of recommendation thereon from
the commission and subject to procedures provided by law, amend, supplement, change or repeal
the regulations, restrictions and boundaries or classification of property.
B. Initiation Of Zoning Amendments: Amendments to this title may be initiated in one of
the following ways:
1. By adoption of a motion by the commission;
2. By adoption of a motion by the council; or
3. By the filing of an application by a property owner or a person who has existing
interest in property within the area proposed to be changed or affected by said
amendment.
C. Application For Amendment: Applications for amendments to the official zoning map,
adopted as part of this title by reference, shall contain at least the following information:
1. Name, address and phone number of applicant;
2. Proposed amending ordinance, approved as to form by the council;
3. Present land use;
4. Present zoning district;
5. Proposed use;
6. Proposed zoning district;
7. A vicinity map at a scale approved by the administrator showing property lines,
thoroughfares, existing and proposed zoning and such other items as the administrator
may require;
8. A list of all property owners and their mailing addresses who are within three hundred
feet (300') of the external boundaries of the land being considered;
9. A statement on how the proposed amendment relates to the comprehensive plan,
availability of public facilities and compatibility with the surrounding area; and
10. A fee as established by the council.
D. General Procedure For Amendments: Zoning districts shall be amended in the following
manner:
1. Request for an amendment to this title shall be submitted by the commission which
shall evaluate the request to determine the extent and nature of the amendment
requested.
2. Request shall be reviewed by the commission and shall be evaluated to determine if
such action shall create a demand for public infrastructure that is not currently
available for the site including but not limited to municipal sewer and water services.
3 2. If the request is in accordance with the adopted comprehensive plan, the commission
may recommend and the council may adopt or reject the amendment under the notice
and hearing procedures as herein provided.
4 a. If the request is not in accordance with the adopted comprehensive plan, the request
shall be submitted to the planning or planning and zoning commission, or in its
Page 1 of 5
C:1Documents and Settings\nbaird\Local Settings\Temporary Internet F1es1OLKI91water ord changesl.doc
PROPOSED CHANGES TO ECC TITLE 8 & 9
absence, the council, which shall recommend, and the council may adopt or reject an
amendment to the comprehensive plan, under the notice and hearing procedures
provided in section 67-6509, Idaho Code. After the comprehensive plan has been
amended, this title may then be amended as hereinafter provided for. (Ord. 256, 2-7-
1995)
E. Public Hearings, Notice: The commission shall hold a public hearing and make
recommendations on proposed zoning amendments. Zoning amendments may consist of text or
map revisions
1. Zoning Text Amendment: The commission, prior to recommending a zoning text
amendment to the council, shall conduct at least one public hearing in which interested
persons shall have an opportunity to be heard. The commission shall follow the notice
requirements provided in section 8-7-8 of this chapter. Following the commission's
hearing, if the commission makes a material change from what was presented at the
public hearing, further notice and hearing shall be provided before the commission
forwards the amendment with its recommendation to the council.
2. Zoning Map Amendment: The commission, prior to recommending a zoning map
amendment that is in accordance with the comprehensive plan to the council, shall
conduct at least one public hearing in which interested persons shall have an
opportunity to be heard. The commission shall follow the notice requirements provided
in section 8-7-8 of this chapter. (Ord. 270, 5-29-1996)
F. Action By Commission
1. Recommendation By The Commission: Within forty five (45) days from the receipt of
the proposed amendment, the commission shall transmit its recommendation to the
council. The commission may recommend that the amendment be granted as requested,
or it may recommend a modification of the amendment requested, or it may
recommend that the amendment be denied. The commission shall ensure that any
favorable recommendations for amendments are in accordance with the comprehensive
plan and -established -goals and objectives. the following findings:
a. The proposed zoning ordinance amendment is in accordance with the
Comprehensive Plan and established goals and objectives and the Future Land
Use Map;
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that adequate public facilities exist, or are
expected to be provided, to serve anv and all uses allowed on this property
under the proposed zone;
c. The proposed zone is compatible with the zoning and uses in the surrounding
area;
d. No non -conforming uses will be created with this rezone.
G. Action By Council:
1. The council, prior to adopting, revising or rejecting the amendment to this title as
recommended by the commission, shall conduct at least one public hearing using the
same notice and hearing procedures as the commission. Following the council hearing,
Page 2 of 5
C:1Documents and Settingslnbairdliocal SettingslTemporary Internet Files\OLK19lwater ord changesl.doc
PROPOSED CHANGES TO ECC TITLE 8 & 9
if the council makes a material change from what was presented at the public hearing,
further notice and hearing shall be provided before the council adopts the amendment.
The citv council shall make findings as required in subsection F-1 of this section.
2. Upon granting or denying an application to amend this title, the council shall specify:
(1) The ordinance and standards used in evaluating the application;
(2) The reasons for approval or denial; and
(3) The actions, if any, that the applicant could take to obtain the amendment.
Page 3 of 5
C:1Documents and Settingslnbaird\L.ocal Settings\Temporary Internet F1es1OLK I91water ord changes l .doc
PROPOSED CHANGES TO ECC TITLE 8 & 9
SUBDIVISIONS
9-2-3: PRELIMINARY PLAT:
D. Procedure for Approval Of Preliminary Plat:
1. Administrative Review:
a. Certification By Administrator, Public Hearing: Upon receipt of the preliminary
plat and all other required data as provided for herein, the administrator shall
certify the application as complete and shall affix the date of application acceptance
thereon. The administrator shall schedule a public hearing before the planning and
zoning commission, which hearing shall be held within forty five (45) days of the
date of certification of a complete application.
b. Review By Other Agencies: The administrator shall refer the preliminary plat
and application to as many governmental agencies as deemed necessary. Such
agencies may include the following:
(1) Other governing bodies having joint jurisdiction;
(2) The appropriate utility companies, irrigation companies or districts and
drainage districts;
(3) The superintendent of the school district; and
(4) Other agencies having an interest in the proposed subdivision.
c. Recommendation By Administrator: The zoning administrator shall provide that
any transmittal as provided in subsection Dib of this section will be returned
within fifteen (15) days. At the end of the fifteen (15) day period, the administrator
shall prepare a recommendation to the commission. All agency responses shall be
supplied by the zoning administrator to the planning and zoning commission.
2. Public Notice: The administrator shall provide notice in accordance with the
requirements of section 8-7-8 of this code.
3. Action By Commission:
a. Commission's Findings: In determining the acceptance of a proposed
subdivision, the commission shall consider the objectives of this title and at least
the following:
(1) The conformance of the subdivision with the comprehensive development
plan;
(2) The availability of public services to accommodate the proposed
development, including compliance with Title 6 Section 5of this code;
(3) The continuity of the proposed development with the capital improvement
program;
Page 4 of 5
C:1Documents and Settingslnbaird1Local Settings\Temporary Internet Files1OLK191water ord changesl.doc
I PROPOSED CHANGES TO ECC TITLE 8 & 9
(4) The public financial capability of supporting services for the proposed
development; and
(5) The other health, safety and environmental problems that may be brought
to the commission's attention.
SUBDIVISION DESIGN STANARDS
9-3-9: WATER SYSTEM: The provision of a public water system shall
conform to the following standards:
A. All subdivisions within the Eagle City Water Service Area shall comply with Title 6
Section 5 of this code unless such compliance would conflict this section.
Page 5 of 5
C:\Documents and SettingslnbairdlLocal Settings\Temporary Internet Files\OLK19\water ord changesl.doc
NAME
PP/FP-2-05 CREEKVIE SUBDIVISION
PUBLIC HEARING
THE CITY OF EAGLE
CITY COUNCIL
TUESDAY, JULY 12, 2005
7:30 P.M.
ADDRESS/ TESTIFY
TELEPHONE SUBJECT
Page 1 f 1
H:\COUNCILIAG ENDA\CCS IGNUP. WPD
YES/NO? PRO/CON
NAME
A-5-05 & RZ-8-05 ANNEXATION & REZONE
FROM RUT TO PS -DA
EAGLE SEWER DISTRICT
PUBLIC HEARING
THE CITY OF EAGLE
CITY COUNCIL
TUESDAY, JULY 12, 2005
7:30 P.M.
ADDRESS/ TESTIFY
TELEPHONE SUBJECT
Page 1 f 1
H :\COU NC IL\AG EN DAICCS IG N U P. W P D
YES/NO? PRO/CON
NAME
CU -2-98 MOD -CONDITIONAL USE PERMIT
MODIFICATION FOR MONTESSORI
CHILDCARE CENTER
PUBLIC HEARING
THE CITY OF EAGLE
CITY COUNCIL
TUESDAY, JULY 12, 2005
7:30 P.M.
ADDRESS/ TESTIFY
TELEPHONE SUBJECT
Page 1 f 1
H:I000NCILIAG ENDAICCS IGNUP. WPD
YES/NO? PRO/CON
NAME
CU -4-05 CONDITIONAL USE PERMIT
EAGLE SEWER DISTRICT
PUBLIC HEARING
THE CITY OF EAGLE
CITY COUNCIL
TUESDAY, JULY 12, 2005
7:30 P.M.
ADDRESS/ TESTIFY
TELEPHONE SUBJECT
Page 1 f 1
H:\000NCILIAGEN DAICCSIGNUP. WPD
YES/NO? PRO/CON
Eagle City Council
Public Hearing Sign-up Sheet
Subject: Resolution No. 05-13: Pronosed sunn!v trunk lines for City water system.
July 26, 2005
7:30 p.m.
ADDRESS/ TESTIFY
NAME TELEPHONE SUBJECT YES/NO? PRO/CON
/a (ink-) lir, of A p^t/cfr,_)� rJ� �k r (; t ��l /R �Y
Page 1 f 1
11 \COUNCIUAGIiNDA\CCSIGNUP WPD
7-026- o 5
EAGLE CITY HALL PROGRESS REPORT
July 26, 2005
•
0,24
CONSTRUCTION
1. Excavation for foundations complete.
2. Foundation sub -grade compaction testing to start 7/28.
3. Building surveying will start 7/29
4. Concrete work building permit ready to be issued.
5. Storm water drain system relocation on going.
ENGINEERING
1. City engineer approved Civil Drawings.
2. Landscape drawing approved by Design Review Board.
3. Building Design Package submitted for Building Permit on July 26.
4. Building Design revisions have made it possible to decrease foundation load
requirements.
5. Revised schedule will be issued earlier next week.
,••
Pr ••• ' da!"4
I IV, PIiiii11 11141114 1110
• .5.41“nttlt; 100
-I •
•.;•:':..4.AsiV,',,••••• •
1 J .Is 11 I I
• • •
,
•iht
7-1
5 -
°Cc,
-;u: 0 : :5p ar.: _r t..'n:on ;itch Co. Laii2Sb702i!
o7/OO/ 0,:, 15:33 FAX 3331202 MOORE SMITE BUXTON TtRCK
:-. banducc,
.?tic V. Shoexuakes-
V.SrrenenT r ..:: _
A f/
(
1/ lul 1. 2005
i
13. Buxton
i.:c^:c Smith ]:Buxton c`.: Tjrcl;c; Chtd.
225 N. 9`h Street
Suit 420
2,oi;.e, Idaho 83702
:_c: General
GBS File No.: 13310-005
/ , >
,
`
5soc rt'='' ^
RECEIVED
JUL 5 - 2&5
MSB&T,G1D.
This is responsive to your tetter of June 79, 2005 and Ransom Bailey's earlier letter of
6, 2005 concc.inin g the concern of your client, Fanners Union Canal, about Prime Earth,
too close to the canal and canal right-of-way
`:!c.stciday, my clic::t surveyed a portion of the gravel ininc excavation closest to th::
varies is located on the cat side of the Highway 55 right-of-way.
All excavation in the area has been completed and has bccn for sometime and Prim.;
Inc- is currently in the process of bankfilling the area closest to the canal. At present 1 am
_o nix; that the excavation closest to the canal company is at least 10n feet in distance from th'
canal.
Prime Earth, Inc. and Floyd Patterson share your concern and that of your client's ur
any catastrophic failure and wish to assure you by this letter that they ha%e taken
^_v,:._ y raa sonable precaution to avoid any breach of the canal. At the same time, some leaking of
is apparcut as it has been over the years and given the relative severe change in
elevation, the increasing urbanization around the canal, Prime Earth, Inc. would urge your client
orient, line or otherwise reinforce the canal where it adjoins in the vicinity of Prime Earth,
s : pc:ty to avoid the potential for any brc;ach • id to;tevcrsc the ongotng leaki•It
,;
cc: . Ic• •:i Patterson
ours,
'c V. S'locmaker
A.i —.A-, _ 4.1.1-1v3 L3702 r 3'S2 :0Io.2033172(.30
7/12/05
City of Eagle
310 E. State St.
Eagle, ID 83616
Dear City of Eagle,
This letter is to make public record of the fact The Farmers Union Ditch Company has
become greatly concerned over the increased activity by Primearth Gravel Pit on the East
Corner of Hill Road and State Highway 55. The Farmers Union Ditch Company dates back
to 1894 with its water rights and current location with minor changes. The past two years
we have become concerned about the size and scope of the operation at Primearth. One
year ago we sent him our first letter with concerns in this matter. I have enclosed his most
recent response. The LARGEST issue is the just plain Safety of the Neighbors and
Community. Farmers Union Ditch runs along the Northern property line of Primearth
Gravel pit. We are concerned Primearth is possibly weakening our Ditch that currently
holds NINE THOUSAND inches of water with the closeness and depth of the gravel pit
excavation. With the possibility of actions of Primearth causing the ditch to fail it would be
devastating for any one or thing down hill from the break. There could be water flowing
threw the break for twelve or more hours. We want to be sure that everyone with the City
of Eagle is aware of this issue and all is done to address it soon before the issue discussed
above takes place.
Sincerely,
JAY FRIDAY -7/.` 2 5-z--/
H) 939-8518 C..
Board Member
Farmers Union Ditch Co.
cc: Gene Bailey
H) 286-7318
President
Farmers Union Ditch Co.
2153 N. POLLARD LANE
STAR, IDAHO 83669
A>8-3-5: A>8-3-5: UNIQUE LAND USES:
Certain unique land uses pose special problems that may have detrimental
influences on surrounding land uses. The following performance standards for
such unique land uses shall be adhered to in addition to all other provisions of
this title: (Ord. 40, 10-1978, rev. 9-1980)
Certain unique land uses pose special problems that may have detrimental
influences on surrounding land uses. The following performance standards for
such unique land uses shall be adhered to in addition to all other provisions of
this title: (Ord. 40, 10-1978, rev. 9-1980)
J. Filling, Grading, Lagooning, Dredging Or Other Earth Moving Activity:
1. Will result in the smallest amount of bare ground exposed for the shortest
time feasible;
2. Will provide temporary ground cover such as mulch;
3. Will use diversion, silting, basins, terraces and other methods to trap
sediment;
4. Will provide lagooning in such a manner as to avoid creation of fish trap
conditions;
5. Will not restrict a floodway, channel or natural drainageway;
6. Will construct and stabilize sides and bottom of cuts, fills, channels and
artificial watercourses to prevent erosion or soil failure;
7. Will not have below grade excavation except for drainageways within fifty
feet (501) of any lot line or public right of way; and
8. Will restore topsoil or loam to a depth of not less than four inches (4").
Eagle Historical Commission
Budget for 10/1/05 - 9/30/06
Revenue
Franchise Fees - Cable TV $ 17,500.00
Grants 5,000.00
State Treasurer Interest 500.00
Rent/Lease Payments 3,000.00
Contributions/Donations 1,000.00
Miscellaneous Revenue 1,500.00
Total Revenues $ 28,500.00
Expenses
Operations & Maintenance
Museum Curator Salary 52 wks x 19.5 hrs/wk x $10 / hr
Payroll Taxes at estimate 7.5%
Education —
Museum Association Memberships
Education & Seminars
Travel Expenses
Reference Materials
Exhibits —
Exhibit Items
Display Supplies
Programs —
Scavenger Hunt for Kids
Walking Tour of Historic Sites
Living History
Office Supplies
Paper, Printer Cartridges, etc.
Museum Software & Support
Museum Utilities
Telephone & Internet
Maintenance & Repairs
Storage Unit
$ 10,140.00
760.00
500.00
1,500.00
1,000.00
500.00
3,500.00
500.00
500.00
1,500.00
1,000.00
500.00
900.00
1,000.00
1,000.00
600.00
800.00
Capital Outlay
Equipment 1,500.00
Other 800.00
$ 28,500.00
_04 tp,o_p_oe_ „,to 4,,,,, '''
, io_Qi4 c‘Lal