Minutes - 1996 - City Council - 05/28/1996 - RegularEAGLE CITY COUNCIL MEETING
Minutes
May 28, 1996
Pre-Council:
Sheriff's report: Eagle Fun Days, law enforcement reports,
and roller-blading in the arboretum were discussed.
Engineer Report: The ACHD Enhancement program approved speed
bumps on Stierman. Bastian expressed concern from the
aspect of emergency vehicles in relationship to the speed
bumps. This issue was discussed with the Fire District.
They would rather no speed bumps on this particular road
because of the emergency vehicles use in that area. The City
Engineer will contact ACHD and arrange this item to be
removed from the approved list. The siren at the park has
been turned to 2 minutes, but hasn't been muted yet. He
will keep the Council posted. The Engineer will set up a
meeting between Briggs Eng. representatives, Mayor and City
Clerk to discuss a way to report conflicts of interest with
Briggs Eng. on future applications submitted to the city.
Mayor and Council reports:
MERRILL: Design Review will be changing the meeting date.
Trees are being removed on several sites. Merrill suggested
a need to get an inventory on trees in the city completed.
The Council wants a recommendation from the Design Review
Committee and an update on inventory costs. Skateboarding
was brought up. Merrill will meet with some of the kids
regarding the problems in the arboretum.
MASNER: He presented Council with a letter regarding the
sewer problem. They are changing the policy of first come
first serve.
YZAGUIRRE: moratorium-next agenda. The Council needs to
discuss applications. Can the community submit the
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applications now or after the moratorium is lifted? The AIC
conference is coming up in June. Nora~lly the Mayor makes a
nomination of the Council President being nominated as the
City Delegate, with a second option. Bastian recommended
that MASNER and YZAGUIRRE being those nominated. Council
agreed to the suggestion.
The Eagle City Council met in regularly session on May 23,
1996. Mayor BOWER presiding.
The following members were present: RICK YZAGUIRRE, STAN
BASTIAN, MORGAN MASNER, NANCY MERRILL.
Moved by MASNER and seconded by BASTIAN to approve the
Minutes of May 2 and May 7 with the following corrections:
May 2: Page 4, the minutes should read "YZAGUIRRE: NAY", the
Minutes of May 7, 1996: Page 1, the motion on the Moratorium
should read "MASNER" rather than "MANNER", and to approve the
May 21 Minutes as presented, along with the Claims Against
the City. ALL AYE: MOTION CARRIED.
Moved by MASNER and seconded by MERRILL to approve the
Minutes of May 14, 1996 as presented. ALL AYE: MOTION
CARRIED.
UNFINISHED BUSINESS:
Findings of Fact and Conclusions of Law/Channel Center
Subdivision
Moved by BASTIAN and seconded by YZAGUIRRE to approve the
findings. The motion was amended by BASTIAN and seconded by
MASNER to include the Conditions of Approval and make the
following corrections: Page 10, item 19,.d the word "no"
should be "not", Page 4, item 12.a, should read that the
easement is" a paved" pathway, and in the Conditions of
Approval, Page 2, #12 should include the words "and parking
lot lighting" after the words "Street light".
All AYE: MOTION CARRIED.
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Consideration of Funding request-Downtown Development
Committee
Moved by MASNER and seconded by BASTIAN to approve an
expenditure up to $1,000 for legal funding to assist the
Downtown Development Committee in writing the Downtown
Development plan as a master plan. ALL AYE: MOTION CkRRIED.
PUBLIC HEARINGS:
Ordinance 270 - Notice Land use Actions
Mayor BOWER announced it was the time and the place for a
public hearing on Ordinance 270-Notice for land use actions.
This ordinance provides for a requirement for posting of
property prior to public hearing by P&Z and Council.
Testimony: none
The public hearing closed at 8:22 p.m.
Moved by MERRILL to approve the ordinance. The motion died
for lack of a second.
Moved by MERRILL and seconded by MASNER to dispense with the
three reading rule and consider Ordinance 270 at this time.
The ordinance is read by title.
ALL AYE: MOTION CARRIED.
Moved by MERRILL and seconded by MASNER to adopt Ordinance
#270, an ordinance requiring posting of notices for public
hearings. ALL AYE: MOTION CARRIED.
Moved by MASNER and seconded by BASTIAN to revise the
drawing of the sign, the attachment to the Ordinance, to
make the drawing the same as the remainder of the drawing,
text black on white. ALL AYE: MOTION CARRIED.
Moved by MASNER and seconded by MERRILL to amend the agenda
to consider 7A to be heard at this time. ALL AYE: MOTION
CARRIED.
ITD-Cooperative Agreement: Bypass Lighting. LeRoy Meyer spoke
regarding the agreement in which ITD asks the City of Eagle to
pay power and maintenance in the light units at $5.70 a unit
per month for power and maintenance at Idaho Power costs for
lighting on the bypass. The State will design the light
system and construct it. This will entail about 20 lighting
units at a total of about $120 a month. The lights are 250
wattage set to come on at dusk and off at dawn.
Mr. Meyers introduced Jim Farrens, project construction
Engineer as a contact person. Moved by YZAGUIRRE and seconded
by MASNER to authorize the Mayor to sign the agreement and
resolution. ALL AYE: MOTION CARRIED.
PUBLIC HEARING/OXFORD COURT SUBDIVISION, REZONE AND PRELIMINARy
PLAT:
Mayor BOWER announced it was the time and the place for a
public hearing on Oxford Court Subdivision, rezone and
preliminary plat.
Applicant: Richard Boesiger
Location: N of Floating Feather Rd. And W of Lexington Hills
Subdivision.
Proposal: Subdivision, rezone and Preliminary Plat
Richard Boesiger, the developer spoke about the project. The
project is comprised of lot sizes at 2.1 lots per acre. The
prior plat submitted to P&Z was 2.7 lots per acre. After P&Z
recommendations the plat was revised. The lots backing up to
Lexington have been enlarged. The covenants will be a
combination of the Lexington Hills and Melvin Eagle Point.
Boesiger wants to put a fence along the Lexington/Oxford
border. They will use a temporary road easement that goes
along the canal to do the construction within the subdivision.
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Becky Bowcutt, project manager indicated that changes were
made according to P&Z, and at the last minute DEQ also made
changes regarding the area for the pond.
Gary Funkhauser: Traffic Planner/Eng. advised the Council of a
traffic analysis.
Moved by BASTIAN and seconded by YZAGUIRRE to waive the
requirement to read the letters of testimony in full and ask
for names and if in favor or opposition only after the verbal
testimony. ALL AYE: MOTION CARRIED.
Testimony: opposed
Mary Ellen Grobe: entrance in Lexington
Judith Hennessey: disputes traffic analysis
Brad Whiteman: property values
Georgia Mackley: needs an additional common lot on the east
portion of the project.
Dennis Whitmore: compatibility, sewer, submitted a report
from Georgia)
Glen Ingram: property values, child safety
John Holt: amount of traffic, size of lots
(get
Richard Boesiger and Becky Bowcutt answered questions
regarding the application and testimony.
Dennis Whitmore was asked about fencing proposed against
Lexington.
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Written testimony in opposition:
Richard & Julie Jacobson, Douglas Thomas and Pamela Holton,
Thomas G. & Janis M. White, John and Linda Holt, a petition
171 names, Lexington Hills, Inc., Paul Clark, Les Neva and
Janice Atkins-Neva, Robert Gary Storm and Tamillyn A.W. storm,
Dennis Hardzeij, Richard and Jean Enochson
Blake and Linda Watson, Douglas Thomas and Pamela Eolton, Dave
and Alice Whiting, Bruce MacDonald, Richard Enochson, Robert
and Teresa Banks, Ken Smith, Leah Whiteman, Brad Whitman,
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Barbara Smith
The public hearing closed at 10:50 p.m.
Moved by BASTIAN to continue the issue to the next regular
meeting to give the Council time to review what has been
brought up tonight. Motion dies for lack of second.
Moved by MASNER and seconded by MERRILL to deny this
application based on the following:
Bastian:
ALL AYE:
Sewer issue is not clear
There is no separate access to Floating Feather
Rd.
There is conflict of interest between ~h~Wo
Engineering Companies from the Cit~~o~nt of view and
the developers point of view
The lot sizes are incompatible with the neighboring
subdivision
Nearly 200 people have opposed this project in this
community
noted that ECC 9-1-3-E requires sewer service
MOTION CARRIED. The application is denied.
NEW BUSINESS:
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Edgewood Estates Extension of Time and Wintry River
Subdivision: Moved by BASTIAN and seconded by MASNER to grant
the extension of time for one year.
ALL AYE: MOTION CARRIED.
Lyons Pride Building - Design Review:
Joan Lyons, the owner and developer approached the Council on
the fact that this application is for a metal building, as was
the building they designed and built for Lyons Plumbing.
Moved by MERRILL and seconded by BASTIAN to deny this
application based on the recommended of Design Review
Committee. ALL AYE: MOTION CARRIED
Crawford Auto- Design Review
Jim Gipson, the project architect, outlined the project for
the Council. This was approved by Design Review with
conditions on landscaping, colors and signage. Moved by
BASTIAN and seconded by YZAGUIRRE to approve the application
subject to the standard conditions and Design Review
conditions. ALL AYE: MOTION CARRIED.
Moved by BASTIAN to continue item 7f and 7g to the next
agenda. WITHDRAWN.
Moved by MASNER and seconded by BASTIAN to continue items 7F
through 9B. ALL AYE: MOTION CARRIED.
Having no further business the Council meeting adjourned at
11:50 p.m.
Respectfully submitf~d:
EAGLE CITY CLERKk~: ~ "~ %~ ~:[~: :?
APPROVED:
MAYOR CHARLES A. BOWER
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