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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 i C 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. 2 C 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. C C 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. C 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, 5 C 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: C 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 C H: ~WP~MIN/3TES~CC052896. MIN