Minutes - 1996 - City Council - 05/14/1996 - RegularEAGLE CITY COUNCIL MEETING
May 14, 1996
Pre-Council:
Engineer Report: The United Water report on testing high lead
and copper content was discussed. There are 2 options to follow.
The engineer recommended the $800.00 study. The Mayor will make
further inquiries to DEQ regarding the matter. Bastian and the
Mayor will get together to make the inquiries and bring this issue
back to Council.
Kestrel Cove: The pipe is installed, there is clean up to do. One
of the conditions is to repair McBride's lot.
Neighborhood Enhancement program/ACHD: The program outlined in an
application initiated by the City was approved with the exception
of the State of Idaho highways and curb ~utter and sidewalk on
Mission, which will be done at the s~me time as North Eagle Rd.
The engineer will call the fire district regarding speed bumps on
Stierman, which was one of the projects approved by the City.
Friendship parks lights are in and operational. The engineer will
check the siren as it is to loud.
Council reports:
Eagle Funs Days is June 8. YZAGUIRRE will arrange for a vehicle
and candy for the Mayor and Council for the parade.
Sewer: The Hormachea property is less likely to be an option for
the district.
ACHD joint meeting: Probable date June 4, rather than June 11.
The date will be June 4, 7:00 p.m. The City Clerk will check on the
date with ACHD. MASNER will contact Jo Schreiber to have Jenson
Belts there.
Priorities List: The Council initiated a special meeting on May 21
4:30 p.m. to 6:00 p.m. Added to the agenda is the recommendations
of P&Z on the impact area.
Bypass tunnel discussion: ITD wants a $500,000 bond posted with an
expectation that Eagle will pick up the bond. MASNER will meet
again with them and bring the discussion back to Council. The
Council would prefer a bridge rather than a t,,nnel, which can be
erected at a later time.
The Boise City meeting regarding Hill Rd was discussed. The meeting
is May 16. YZAGUIRRE will attend.
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Zamzows will help on the beautifying areas for a community garden.
Some of the sites are, the lot next to the paint Co., Peters
downtown property, the Kathy Roberts property on State St. and next
to the Fire Station.
Design Review: Will meet on Wednesday, May 15 and hope to have a
special meeting a week later.
Mayor's reports: APA will meet on transportation issues on May 30
at the Senior Citizens Center, at 7:00 p.m. Sheriff Vaughan
Killeen will come to Eagle on May 23 to hold a meeting on Law
Enforcement activities, 7:00 p.m. at the Senior Citizen Center.
Meridian and Eagle will join forces on the IRS issue. Trail Creek:
a letter was to go out to the developer today demanding compliance
with the subdivision conditions. The staff is to write ACHD
writing for monthly service on cleaning the downtown streets.
City Clerk report - Trash renewal notices: can we contract with a
single provider? The City Attorney will provide a report to
Council. The Mayor will contact Lynn Sedlacek and MASNER regarding
a letter than needs to go to Ada County regarding sewer.
The Eagle City Council met in regular session on May 14, 1996.
Mayor BOWER presiding.
The following members were present:
MORGAN MASNER, NANCY MERRILL.
RICK YZAGUIRRE, STAN BASTIAN,
Moved by MASNER and seconded by MERRILL to approve the minutes of
the May 2,1996, meeting as presented. WITHDRAWN. Moved by MASNER
and seconded by MERRILL to continue this item as the minutes were
not received. ALL AYE: MOTION CARRIED.
CLAIMS AGAINST THE CITY:
Moved by BASTIAN and seconded by MASNER to approve the claims as
presented. ALL AYE: MOTION CARRIED.
PUBLIC HEARING: Ordinance 270 - Notice Land Use Actions:
Proposal: to provide for uniform notice requirements for
Conditional Use Permits, Variances, Zoning text and Zoning Map,
Annexation, Development Agreements, Preliminary Plats of
Subdivisions, General subdivision Ordinance, Comprehensive Plan and
Zoning Ordinance text, and Map and to require posting of the
property in all public hearing applications.
Moved by MASNER and seconded by BASTIAN to continue consideration
of this ordinance until the next regularly scheduled meeting as a
public hearing. ALL AYE: MOTION CARRIED.
PUBLIC HEARING: MERIDIAN SCHOOL ACADEMY-CUP:
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Mayor BOWER announced that this was the time and the place set for
a public hearing on the Meridian School Academy an application for
a Conditional Use Permit to establish an alternative school site in
Eagle.
Applicant: Meridian School District.
Location: E. State St.
Proposal: To establish an alternative school site
students.
for high school
This was continued from the last meeting because of sewer concerns.
The Sewer District has agreed to transfer the 2 permits for use on
this project.
Moved by MASNER and seconded by YZAGUIRRE to read the names of
those opposed and in favor into record without reading the letters
in full. ALL AYE: MOTION CARRIED.
Written testimony by name and preference was introduced to the
public and Council by Mary Berent
Debbie Martinez-opposed
Virginia Duncan-opposed
George and Toni Bunce-opposed
Dolores Creed-opposed
Sharon Allred-in favor
Steve and Becky Peterson-opposed
Pat and Ray Beauregard-opposed
Otto Achenbach-opposed
Lori and Craig Rowley-opposed
Donald and Nancy Barton-opposed
Colleen Maile-in favor
Lynne Sedlacek-in favor
Larry Stocking-opposed
Dennis and Celia Callagher-opposed
Petition of opposition
Concerns of the public: Location, buildings to close to homes, the
need to expand the school in Meridian, rather than build one in
Eagle, traffic, vandalism, speed limits, not harmonious, violates
comprehensive plan, speed limits on State St.
Public testimony:
Nancy Amell-in favor
Mike Kidder-opposed
Janell Christensen-in favor
Bob Tayler-in favor
Bob Milligan-information only
Jim Carberry, Meridian School District representative, advised
Council that this project will be phased over a 4-5 year period in
order to construct a multi-purpose building, classrooms, offices
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etc., and the District intends to build permanent structures on the
Eagle site.
Question-MASNER: Are you prepared to tell us tonight that that plan
you propose, that phasing plan into permanent buildings, that you
can promise the City of Eagle that you will do that with or without
the execution of a bond issue?
Answer-Carberry: We are definitely prepared to move toward
permanent structures, we much prefer to do that to the passage of
a bond issue. I can't answer for the board, but they would, I am
sure, look at the possibility of using plant facilities in the
future, if bonds are not available. So I guess I am shirking the
issue a little bit. I would promise you this, that I will speak in
your behalf to our board, and I think certainly response favorable
in regards to that. So, in essence, yes they would either through
plant facilities or bond monies move toward permanent structures.
We are currently building the Meridian Academy ......... .
Question-MASNER: That with or without a bond issue, if this is
passed, you will promise to have that facility in a permanent
fashion, according to the schedule that you presented to us?
Answer-Carberry: Yes Sir, yes.
Question-MASNER: I have a question of our Attorney. John, may we,
as a City Council put a condition on this CUP that says that if the
Meridian School District does not do as they have promised tonight
and convert that into a permanent facility, that then they will
have to leave the facility? Where do we stand on that?
Answer-John McFadden, City Attorney: Your conditions that you can
impose on a CUP includes controlling the duration of the
development. So if you specify the duration of the permit it would
expire then. If they continue to stay on that site they would have
to come in for an extension of the CUP, or they would be in
violation zoning code. The remedy would be to demand they vacate
the premises.
Jim Carberry read into record the 5 year plan; however a portion of
the schedule was omitted from testimony tonight. That portion of
the schedule which reads as follows was not addressed by Mr.
Carberry and will not be part of his testimony: "contingent upon
passing a bond issue in 1998 or 1999."
The City Clerk was directed to enter the schedule into the staff
report and record. The Schedule is attached.
Question-MASNER: Mr. Carberry, the way I read this implementation
schedule all portable classrooms will be gone by the year 2001.
Answer-Carberry: I believe you are correct, (after reading the
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schedule) yes, you are correctl
The public hearing closed at 8:45 p.m.
Moved by BASTIAN and seconded by YZAGUIRRE to approve the Meridian
School District CUP application for a new Eagle Academy with
portable facilities subject to the following conditions:
To require the conditions imposed by the Eagle Planning and Zoning
with two additional conditions. The two additional conditions are
as follows:
1. All permanent buildings be submitted to Design Review
Committee for approval and then to City Council for final approval.
2. That the Conditional Use Permit be approved for a 5 year
period to allow the school district time to replace temporary
buildings with permanent buildings according to the schedule
submitted into record dated February 14, 1996, titled Eagle
Alternative School.
ALL AYE: MOTION CARRIED.
Councilman Merrill reaccuses herself.
Moved by BASTIAN and seconded by YZAGUIRRE to rescind the motion.
ALL AYE: MOTION CARRIED.
BASTIAN asked that the 2 conditions he outlined in the last motion
be included in his new motion. Mayor BOWER advised him there was
no previous motion.
Moved by BASTIAN and seconded by YZAGUIRRE to approve the
Conditional Use Permit for Meridian School District #2 for a new
Eagle Academy with the P&Z conditions of February 5, and two
additional conditions. Those conditions are as follows:
1. Ail permanent buildings be submitted to Design Review Committee
for approval and then to City Council for final approval.
2. That the Conditional Use Permit be approved for a 5 year period
and that all standard conditions apply to this Conditional Use
permit.
The Eagle Planning and Zoning Conditions are as follows:
1. Must meet the requirements of ACHD regarding the roadway as a
public road.
2. They continue the fencing along the east side in a similar
fashion as it now exists.
3. That the City receives an approval letter from the Drainage
District #2 and a letter from the Sewer District that they will
serve the site.
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4. Meet the requirements of 8-3-3-D the setbacks, with a minimum of
25 ft. setbacks.
5. The portion north of the canal be maintained as well as the
front portion of the property which will be undeveloped, with a
dust free environment
6. Installation of sidewalks or bonding for the sidewalks required.
PUBLIC HEARING: FAIRWAY VIEW SUBDIVISION - Amended Plat:
Mayor BOWER announced that this was the time and the place set for
a public hearing on the Fairway View Subdivision, an application
for an amended plat.
Applicant: Frank and Alma Marvin
Type of application: Plat Amendment
Location: N. Edgewood Ln. Eagle
The City Engineer outlined the reasons for the amendment and Dave
Roylance, project engineer outlined the amendment to correct a
survey error.
Testimony: none
The public hearing closed at 9:20.
Moved by MASNER and seconded by BASTIAN
plat. ALL AYE: MOTION CARRIED.
to support the amended
NEW BUSINESS:
WHITE ORCHID-BEER AND WINE LICENSE: Moved by YZAGUIRRE and seconded
by MERRILL to the approve the license as submitted. ALL AYE:
MOTION CARRIED.
STREAMSIDE SUBDIVISION FINAL PLAT APPROVAL:
The floodplain issue in the final plat was discussed by The City
planner and the City Engineer. The City Engineer requested that
all of the conditions of the preliminary plat be conditions of the
final plat with the exceptions of the following: FEMA recommended
all homes in the subdivision be built with a finish floor built to
one foot above the base flood elevation, condition #19 be changed
to read that it requires the Greenbelt Committee give approval
prior to final plat by Council. This should read that the
Greenbelt Committee approval must be given prior to the City
Engineer signing the plat.
Bill Selvage spoke on behalf of the project. On site and off site
sewage is approved both with the District and DEQ. There is note
on the plat requiring a one foot elevation above floodplain level.
PATHWAYS: The developer will do whatever the 404 permits, which may
not permit the path be paved.
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Condition #19 needs to go to the greenbelt, engineer and on to
Council.
Ed Miller, Project Attorney testified about the pathway, the route
and 404 permit.
Moved by MASNER and seconded by MERRILL that the pathway is
determined by State Land Board based on the 404 permit, that
condition #19 be signed off on the plat by City Engineer, and
building will be one foot above the base floodplain elevation.
MOTION WITHDRAWN
Moved by BASTIAN and seconded by MERRILL to approve the final plat
of Streamside Subdivision with the following changes and additions
to the conditions approved by the City Council on 5/25/95 in the
standard conditions of approval. Those are:
1. Ail finished floors be placed one foot above floodplain
2. Modify the standard con ~19 to read: the recreation/greenbelt
area along the Boise River and/or parking be approved by the Eagle
Greenbelt Committee prior to the City Engineer signing the final
plat. Strike out the words in the second line of that Condition
"approval of the final plat by the City Council" and substituting
"the City Engineer signing the final plat."
Moved by BASTIAN and seconded by YZAGUIRRE to amend the motion
to include the pathway be paved, if possible, knd the homeowners
maintain the pathway.
ALL AYE: MOTION CARRIED ON AMENDMENT.
ALL AYE: MOTION CARRIED ON ORIGINAL MOTION.
MERIDIAN SCHOOL ACADEMY DESIGN REVIEW
The design review issue discussion included the landscaped portion
and the mechanicals on the buildings.
Moved by M3~SNER and seconded by BASTIAN to approve the Design
Review/Landscaping application with stipulation that the entire
property be seeded and irrigated. Accept the recommendations of
Design Review and standard conditions. ALL AYE: MOTION CARRIED.
Moved by BASTIAN and seconded by YZAGUIRRE to amend the motion to
approve the application subject to upon completion of the project,
the entire property be seeded and irrigated by fall of 96, prior
to occupancy. ALL AYE: MOTION CARRIED.
Moved by BASTIAN and seconded by MASNER to approve items 6 D,E, F,G
of the agenda. ALL AYE: MOTION CARRIED.
Moved by BASTIAN and seconded by MASNER to amend the motion to
include 6I. ALL AYE: MOTION CARRIED.
Those items approved are as follows:
Ada County Transmittal 96-10-ZC - Draper, 96-06-ZOA Gary Goldsmith,
96-28-CU/96-06-V John Jantz, Berkshire Extension of Time and the
Proclamation - Municiple Clerks Week
APPEAL OF PLANNING AND ZONING ACTION - EDGE DEVELOPMENT
William Webster noted his position referencing deferrals and
withdrawals of applications.
Moved by MASNER and seconded by BASTIAN to accept P&Z decision of
withdrawl. ALL AYE: MOTION CARRIED.
HOPE LUTHERAN CHURCH - EXTENSION OF TIME
Moved by MERRILL and seconded by YZAGUIRRE to approve the extension
of time.
There being no further business the meeting adjourned at 11:20 p.m.
~%~A}IA MONTGOMER~
EAGLE CITY CLERK.
APPROVED:
MAYOR CHARLES A. BOWER
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