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Minutes - 1996 - City Council - 03/12/1996 - RegularEAGLE CITY COUNCIL MEETING March 12, 1996 Pre Council: R.V.Dumpsite: Bill Hallock, State Park Advisor, spoke to the Council regarding the possibility of a dump station in Eagle. They build them and the city maintains them. The land must be city owrned. Proposed Redesign Echo Creek #5-Bill Guhrke, Developer and Phil Barber, Project Attorney: The subject was the future development of Echo Creek #5,#6,and #7 due to the new highway aligrnment. The proposal is to reduce 150 lots to 144 and to increase the new lots along the new highway from 125 ft. deep to 222 ft. deep and expand the greenbelt system from 2.31 acres to 3.23 acres. This will allow them the ability to construct a 6 ft. high berm and a 36 ft. wide earth berm with a 6 ft. fence. The highway cut would run from 2 ft. to 5 ft. deep for noise mitigation. This will allow a distance from the rear of the houses to the berm and the fence of approximately 130 ft. and a 195 ft. from the rear of the houses to the first lane of traffic along the new highway. This is an improvement in the subdivision. A determination must be made regarding the proposed changes within the subdivision and whether or not those changes are material changes. The suggestion is that the developer contact the Zoning Administrator. Engineer Report: Drainage: The problem is that the developer is out of the project by the time drainage becomes an issue. The problems cannot be identified in the beginning. The builder comes along and builds across the drainage and this affects the lot. A performance bond should be posted, then if any action is taken the City can draw on the bond. The Council will work toward an ordinance by which the building inspector could inspect the lot for drainage issues. Friendship Park Lights: The Council agreed to try lights for one year without the meters and monitor the costs of the power, or to install a timer to turn on and off, at no cost. The engineer will check the costs for the meter and report back to Council. Floodplain mapping: To scale maps should be available to the City at less than $500.00 after March 21. The Eagle City Council met in regular session on March 12, 1996. Mayor BOWER presiding. The following members were present: RICK YZAGUIRRE, STAN BASTIAN, MORGAN MASNER, NANCY MERRILL. Moved by BASTIAN and seconded by YZAGUIRRE to approve the minutes of the February 27, 1996 meeting as presented. ALL AYE: MOTION CARRIED. Moved by YZAGUIRRE and seconded by MASNER to carry item 3B, The Claims Against the City to 7C. ALL AYE: MOTION CARRIED. UNFINISHED BUSINESS: RULES OF ORDER DISCUSSION: Parliamentarian questions prompted review of Roberts Rules of Order and City Codes. Moved by MASNER and seconded by YZAGUIRRE to appoint the City Attorney as parliamentarian. ALL AYE: MOTION CARRIED. Point 2: City ordinances and Roberts Rules of Order only apply in public hearings. Speakers should be recognized by the Chair, then they can address and be addressed. The Council agreed that the meetings should be more relaxed. MASNER read into record the following rules of order: *Speakers will be recognized by the Chair and given the floor. *After the Chair recognizes the speaker...the speaker may address and be addressed by others in the meeting without further Chair recognition until that person yields the floor. *The Chair may not participate, debate, nor comment on matters brought up in motion. His function is only to moderate. He is to keep a neutral, unbiased position. *The Chair will be out of order when he lectures witnesses, challenges them or gives them direction. The Chair may answer questions put to him by Council Members or person giving testimony. KESTREL COVE - Settlement & Release/Drainage Aareement (continued): Moved by MASNER and seconded by YZAGUIRRE to continue this issue until the next regularly scheduled meeting. The Mayor needs to make some contacts regarding this agreement and will report back to Council. He will also consult with the City Attorney. ALL AYE: MOTION CARRIED. ORDINANCE 273 Private Streets (continued): Steve Bradbury spoke on the private street issue and outlined the changes to the proposed ordinance suggested at the last Council meeting. Those changes are primarily in the maintenance and repair and funding of the same. Mr. Bradbury advised Council that he submitted 2 proposed ordinances. In the second proposal he included recommendations received by Jim Grossman and Ed Miller. Those recommendations included a definition adding the words "separate 2 ownership", a provision other than to provide emergency access and that private streets originate in public right of way and terminate in a public right of way, or at one of the turn areas and leave the flexibility of size, hammerheads or turnarounds to Council. The City Engineer told Council he would like to review the changes and comment to the Council on this new revision. Moved by MERRILL and seconded by MASNER to continue the amendments to the next meeting. ALL AYE: MOTION CARRIED. PUBLIC HEARING/Channel Center Subdivision/Floodplain Development (continued): Mayor BOWER announced that this was the time and place set for a public hearing on Channel Center Subdivision, a Preliminary Plat in the Floodplain for a commercial subdivision. Applicant: Location: Dennis Baker North side of the North Channel Boise River along the west side of Eagle Road, the former feed lot and packing plant. Proposal: Zoning to remain C1, proposed commercial subdivision includes 10 lots on 15.3 acres for a gross density of 0.63 lots per acre, within the 100 year floodplain. Wayne Stolfus, representative of the applicant, outlined in detail the project. This project includes a greenbelt along the river. All lots have setbacks and provide an easement that comes down the bypass along the property line and carries it to an approach for a bridge crossing. Dennis Baker was asked about an underpass funding. He would encourage and support it but can't speak for other owners. Steve Bradbury: Attorney for the project, spoke about the time line in connection to the private road ordinance. Public Testimony: Carl Wonacott: opposed Doren Ellis: in favor Public hearing closed at 9:30 p.m. Moved by BASTIAN and seconded by YZAGUIRRE to continue this issue to the next Council meeting. ALL AYE: MOTION CARRIED. PUBLIC HEARING/ORDINANCE 269 Amendin~ Title 8 Planned Unit Develo me~ (continued): 3 Mayor BOWER announced that this was the time and place set for a public hearing on an Amendment to Title 8 regarding Planned Unit Developments. Steve Bradbury, the attorney that drafted the ordinance reviewed it with Council. Testimony: Stasia Buffenbarger: opposed Written testimony: Stasia Buffenbarger Public Hearing closed at 10:35 p.m. Discussion took place regarding the intent and restrictions of a PUD. There appeared to be some confusion regarding what a PUD actually is. The City Attorney suggested the staff report back to Council and clearly identify the PUD concept. Moved by BASTIAN and seconded by MERRILL to give the staff time to respond to those concerns. ALL AYE: MOTION CARRIED. NEW BUSINESS: Moved by YZAGUIRRE and seconded by BASTIAN to hear the Gratiot Ada County Transmittal at this time and the claims but to continue the remainder of the agenda until the next special hearing on Tuesday, March 19 at 6:30 p.m. ALL AYE: MOTION CARRIED. ADA COUNTY TRANSMITTALS: 96-08-CU-Gratiot: Paula Gratiot outlined the project as a project that would convert a barn into a weekend public hall facility for weddings. Weddings would be outside as well as in the building. The wedding sizes would be about 150 guests. RT zone. Moved by MERRILL and seconded by YZAGUIRRE to approve the transmittal as presented. The motion was amended to include that the approval is conditioned on the recommendation that the parking lot to be paved within 5 years. ALL AYE: MOTION CARRIED. CLAIMS AGAINST THE CITY: Discussion took place regarding the paging system and contract for the message and pager system. Moved by YZAGUIRRE and seconded by BASTIAN to pay the claims as presented. ALL AYE: MOTION CARRIED. 4 There being no further busines~ the meeting adjourned at Respect ful Z¥ su~m'~t~ed: EAGLE CITY CL~Kk',c'q,~k..~, APPROVED: 11:30 P.M. MAYOR CHARLES A. BOWER