Loading...
Minutes - 1996 - City Council - 11/12/1996 - Regular EAGLE CITY COUNCIL MEETING Minutes November 12, 1996 PRE-COUNCIL: 6:30 p.m. - 7:30 p.m. 1. Mayor and Council Report Mayor noted that all but Councilmember Bastian are present. Mayor introduced Barry Marcus, representing Eagle Gravel Company, to present a proposal for a potential City Hall/Library development location, consisting of about 16 acres of land. Discussion centered around a concept sketch provided by Mr. Marcus. General discussion of the sewer concerns of the property, although government entities were generally considered exempt from the 5-year rule restriction (as per the Horme~hea agreement). Mr. Marcus expressed his interest in pursuing a development agreement with the City. Eagle Gravel Company would also be interested in the building of the City Structures, with a lease-back to the City, willing to structure an agreement to benefit both parties. General discussion of the Oppenheimer proposal and the relationship to this proposal. Councilmember Masher suggested that Mr. Marcus review the research assembled by city staff regarding space utilization. Discussion of the financing restrictions and the possible use of public bonding (February and May of 1997 deadlines discussed). Mr. Marcus mentioned his preference to lease the entire land and facility for tax reasons. General discussion of the capabilities of the facilities, with plans prepared, and of the infrastructure required by numerous entities. Discussion of the documents available and possibly restricted, recommendation to discuss the issue with the City Attorney. Yzaguirre: Clarence Saunders passed away this past weekend. Chick Carpenter was appointed to take his place. City Clerk has placed an order for flowers for the funeral. Masner: No report Merrill: No report. 1 Mayor: Chamber of Commerce meeting today, met to discuss the possibility of avoiding a lawsuit from a variety of entities (Highway 55 extension to Beacon Light). G~neral discussion of the potential compromises. Mayor noted that Stan Bastian arrivbd at 7:~0 p.m_ ~eneial discussion of the sewer issues. Bastian: no report. Masher: All agreed to meet with the Library board on the 18th at 7:00 p.m (check date and time). 2. City Clerk/Treasurer Report Three items were presented: 1) Year-End (Audited) Financial Report for FY 1995; 2) Year-End (Unaudited) Financial Report for FY 1996; and 3) Claims against the City do not include the Computerland billing for $3,800, included later in the agenda. 3. Zoning Administrator Report Three items, first deals with a new calendar, notable on the south wall "at a glance." Second issue deals with the Planning and Zoning commission meeting, made a recommendation as to the Design Review Committee composition, requesting a certified (licensed) building, and landscape architect on the committee. Third, deals with the subdivisions found outside the city, but within the area of impact. Discussion of the authority requirements, believes the City has more authority and input that previously thought, such as the Council approval of the final subdivision plat. General discussion of the legalities of the authority, specifically dealing with the extra-territorial powers and approval conditions. 4. Engineer Report 4A. Impact Area Annexation Timelines: Vern Brewer came forward and offered comment. General discussion of the timelines set by statute, and the many duties necessary, and of the various entities necessary for contact. General discussion of the process for annexation as proposed by the City e~ginee~ and the City Attorney. Based upon previous experience, anticipates more t~n on~ hearing at each level. Scheduled to begin work next week. Discussion of t~ janUarY ~9 deadii,e the a+ State Tax Commission, and that the realistic completion date may be as long as 6 months. Requires intensive review of all research. Recommends a joint workshop with the Council and P&Z. Discussion of the December 19, City Council meeting as a ~Od target date fo~ a jont meet ng and report from the City Engineer. 5. City Attorney Report No real report, general discussion of the Kestrel Cove matter in which he obtained a "clean" copy" of the signed drainage agreement. This issue should move along rapidly at this point. Next, within 30 days, a settlement agreement continues the process, but remains unsigned until completion of the conditions. Councilmember Masner met with the developer, does not anticipate any positive resolution. General discussion whether or not the drainage agreement will be signed or not. General Report on the Official Newspaper for the City issue now that the status of the West Ada Express is in question. 6. Sherriff's Report Introduction of a new deputy for the City of Eagle, Keith Borah and of his qualifications. Deputy Borah will work Friday, Saturday and Sunday, also some Monday's (In addition to Deputy Ron Love). General discussion of the Halloween incidents, discussion of the assignment of a free deputy. Discussion of the alleged drug house in the city limits and the attempts to shut it down, and the provisions for computers in the cars. Offer extended to go on patrol with the deputy. Discussion of the reserve officers available for special events, such as for Oktoberfest. COUNCIL: 7:50 p.m. 1. CALL TO ORDER: 2. ROLL CALL: BASTIAN, MASNER, MERRILL, YZAGUIRRE, a quorum is present. 3. PLEDGE OF ALLEGIANCE: 4. CONSENT AGENDA: Masner: Move to add items 7J and 7K to the cd'sent ~genda; seconded by Yzaguirre. ALL AYE, MOTION CARRIES .... A. Minutes of October 22, 1996. B. Claims A_aainst the City C: Official Cit_v Holiday for November 29, 1996 ; D Re~che~ule December 24, 1996, City Council Meeting Merrill: Moves to pull the minutes of October 22 from the consent agenda, unanimous consent provided. Masner: Moves to approve items B, C, and D, seconded by Yzaguirre. ALL AYE, MOTION CARRIES .... Merrill: Moves to add on page 13, second sentence, add "Park" after "the" and before "Committee," moves to adopt as amended. Seconded by Bastian. ALL AYE, MOTION CARRIES .... 5. UNFINISHED BUSINESS: A. Appointment Authority_ -- The City Council in a previous meeting asked the City Attorney to prepare a legal opinion on appointment authority. General discussion of the issue by the City Attorney, very little case law available. Permanent committees require a formal appointment by the Mayor and confirmation by the Council. Non-permanent committees are different, defined as ad-hoc, or limited scope or duration committees. Opinion ofthe City Attorney that Mayor has authority, but Council may direct new policy. Discussion of the process, distinction of the types of committees. Bastian: Moves to direct the City Attorney to draft a ordinance/resolution for all ad- hoc or regular or special committees require approval of the Council. Seconded by Masner. Mayor: General discussion of the potential problems of this issue and the potential attempt to preclude the Mayor from establishing ad hoc committees. Bastian: Clarified the intent to allow the Council the a~ility t° ProVidb inpUtl Council's purpose is to make sure there is an even hand among the various interest groups in the community. M~¥Or: Wis~es to make bertain that the Council is aware of the formation of c~mm tt~es G~er~ a ~c,~s 0n of the issue. Masner: No intent on the motion that the Mayor or Council may "stack the deck" on a specific committee, but rather, allows the opportunity for input to make a better decision. General discussion of the needs of an open government, with one side knowing what the other is doing and vice versa. Discussion by Councilmember Bastian that one person may have an inherit bias of the decision, a larger group lends itself to a broader view of the decision. Yzaguirre: Agrees with the other members to provide input and recommendations, to provide information that lends credibility to the decision-making. Recommendation by City Attorney, that this be done by ordinance, rather than by resolution. Bastian amends the motion to include only ordinance, not resolution, second concurs. ALL AYE, MOTION CARRIES... Merrill: Discussion that all appointment be upon advice and consent of council. General discussion of these definitions in relation with committees such as the Design Review or Park committees, a joint effort between the Mayor and Council. General discussion and clarification that the appointment is made by the Mayor, Council cannot force a member on a committee without Mayoral approval. 6. PUBLIC HEARINGS: A. Annexation with Rezone and Development Aa_reement {A-1-961RZ-2-96) - Ed Hendershot is requesting approval of an annexation with a rezone (with a Development Agreement) from Ada County's RT (Ruin! ![a~itippal) zone to Eagle City's AR (Agricultural-Residential) zone. The 26.82 e~re sit~ is ib~ated 0nthe SOuth side of the north channel of the Boise River approximately 113 mile east of Eagle Road (State Highway 44). The site abuts the east property line of the Island Woods SubdiviSion. Zoning Administrator recommends continuing this issue to the N6~e~ber 26 meet ng s nee P&Z has not had a chance to review the issue. Masner: Moves to continue the issue to the November 26 meeting of the City Council, seconded by Yzaguirre. General discussion of the public hearing provisions, asking for any in the audience to come forward for comment, none came forward. ALL AYE, MOTION CARRIES .... B. Preliminary_ Plat and Rezone for Lakeland Estates Subdivision ~PP-2-961RZ-3-96) - Ron Bath representing SDR Development, LLC., is requesting City approval of a 49 lot residential subdivision (Lakeland Estates) on 23.1 acres, with a rezone from A (Agricultural) to R-4 (Residential-four dwelling units per acre maximum). South of State Street, adjacent to the east boundary of the Monroc property, west of existing Highway 55 extended. Zoning Administrator recommends the issue be continued to the next regular meeting (November 26). No members of the audience were noted for comment. The reasons for the continuance were the same as the previous issue. Bastian: Moves to continue the public hearing of the preliminary plat for Lakeland Estates Subdivision, seconded by Yzaguirre. ALL AYE, MOTION CARRIES .... C. Revised Preliminary_ Plat for Echo Creek Subdivision #5.6 & 7 (PP-3-96} - William Guhrke with Treasure Valley Village, LTD., is requesting City approval of a 154 lot residential subdivision (Echo Creek) on 50.40 acres in a R-5 Zone (Residential - five dwelling units per acre maximum). The site is located at the Northwest corner of Floating Feather Road and the new alignment of Highway 55. Zoning Administrator provided a brief history, conditions of approval (excluding items 7, 8, and 9), and description of the issues mentioned in his staff report. General discussion of the "berming" requirements, required i t994, Phil Barber, representing William Guhrke representing ~re~§bre ~ltey village, LTD, came forward and presented comment, describing this issue as a revision to the preliminary plat. C:o~tinued diScuSSion by Cbuncil and Zoning Administrator of the specific mentions o~ excluded and re~omm~hded conditions of approval as noted in the staff report, with notation given to a concern in the numbering of the report conditions. General discussion of the conditions of approval noted by the Zoning Administrator, the Planning and Zoning Committee, and Design/Review Committee. Mayor: Question presented for a declaration of any council ex parte contact, or potential or actual conflict of interest, none given by Council. Introduction of the applicant. William Gerhke, came forward and provided comment. Wants to make three changes to the preliminary plat, general discussion of the three changes. Merrill: General questions regarding the size of the berm and fencing. Clarification of the specific conditions of the report, and the distribution of landscaping funds ($40,000) to the fencing needs, and for distribution to the appropriate homeowners impacted by the movement of the fences on the west side of the new highway. Discussion of the potential impacts by the proposed pedestrian crosswalk, and of the water issue since the City of Eagle controls the water system. Councilmember Masner noted the receipt of many requests by citizens to supplement the water system in this area by United Water. City Attorney was requested to draft a letter outlining the position of the Council regarding the water issue. Mayor considers the issue to be inappropriate at this point and asks the City Attorney to respond. City Attorney noted the relevance of this issue, Mayor wishes to have the record reflect his complete disagreement with this issue. General discussion that the City Engineers recommendation should hold. Councilmember Masher would like to have the city attorney read the prepared letter. Councilmember Yzaguirre noted that Masher requested the letter himself, and not as the Council. Further, Yzaguirre noted that the water issue was previously approved. ¢~ur~c member Bastian agrees with Yzaguirre, that the water issue should not be t ed to [h~ pla~ ~pProv~[ Would like the letter to come back to the Council at a later time. Continued discussion of the conditions and of the vesting rights of the applicant. Further discussion of the not!fication of the future property owners regarding the placement of the road. Mayor a~d cit~ Att~ne~ c!~ificaiion of the final platting approval process regarding the W~er isSUe. ; Mayor: Asks persons who have signed in to come forward for public comment. (Note attached sign-in roster) Richard Kinder, came forward and presented testimony, received as "Attachment A". Description of a number of unsettled issues, wishes to prevent future development problems including sidewalks or pathways on Floating Feather, Pedestrian Crossing, Grading/Drainage Plan, Landscape/greenbelt strip along Floating Feather, Landscaping and Berm along the proposed hwy55, creation of a common area, and pressurized irrigation. Merrill: Would like to have the City Engineer address a few of these issues at a later time. No objection by Council or staff. City Engineer questioned on a number of the issues: pressurized irrigation (in-line with normal standards), proper grading and drainage plans for each lot (a higher cost to develop a plan, with great difficulty to enforce), finally, a site drainage plan is something that can be reviewed by the building inspector. General discussion of the Site v. Lot drainage plans and requirements. Joe Canning, an engineer representing the applicant, came forward and provided guidance on the comparison. Mark Strider, 2800 E. Red Tail Court in Eagle, came forward and presented comment. Came to represent those people who have experienced it all. Water is a big importance, with current restrictions on watering. Concerning the right to disclosure, nothing was disclosed to him. General comments on the subdivision problems. If approval is given tonight, problems willcontinge for these new home buyers. Specific problems dealing with the water dr~!r~age issue, berm, road; and the sound issue. Who will protect the homeowners, t~ke caie o~ i~e Pr0biems now, not later. From Lot 6, block 2, Phase 1 of this subdivision. Recommends putting the issue on hold, start from scratch, and rethink the entire process. ! K~h smiih' 2801 E. R~d T~ii Court, in Eagle, came forward and presented comment. to Veri~ {~e S~6 problems of Mr. Strider. Noted a problem of getting the cart before the horse, a problem with continuing with a preliminary plat with problems and noting that the final plat may pass with problems. City of Eagle controls this water system, PUC has no control over this issue, general discussion of the issue. Drainage ponds are not usable as a park or playground. Chuck Jeeters, 3201 E. Red Tail Court, in Eagle, representing the homeowners association. Attended many meetings discussing this issue. Not here to defend any persons statements, noted that 90% of the issues are personal problems, not drainage problems. Let's get it straight, but will not recommend a vote either way. General comments and questions regarding the petty and substantial grievances. Mayor: Any questions? Formerly closed the public hearing portion of this hearing. Yzaguirre: Normally, the Council provides the applicant an opportunity to rebut any of the comments. Council concurred. William Guhrke, the applicant, came forward and presented a rebuttal. Can go forward and build the subdivision as originally platted, but chose not too, wishes to make a better subdivision. General comments and responses to the previous people's and staff's comments. Mayor clarified the process and allowed additional public comment. None provided, again officially closed the official public hearing. Masner: Moves that the Council postpone a decision, by continuing the decision, and allow staff the opportunity to review and respond to Mr. Kinder's comments, seconded by Merrill. General discussion on the rea~0ns,why this issue should be considered due to disclosure and historical i~ueS, as well a~ specific recommendations to staff regarding the needs. Yzaguirre recommends that staff begin with item #3 concerning lot 64, item #6 concerning drainage from each parcel, pb~hapS providing a site grading plan, item #8 regarding landscaping requirement, it~ #9 ~eg~ding landscaping and berming, TVV provides landscaping along the highway with ~ 6 b~m~ item #15 concerning the common area, item #16 pressurized irrigation. General discussion of the timelines. Phil Barber, council for Mr. Gerhke, noted that there is a short fuse in this deal. This is not an application to approve a preliminary plat, that has been done. This is a proposal to revise the preliminary plat. Discussion of the history of these negotiations. Mayor: Motion to continue, general discussion of the continuing issues and questions, including also standard conditions. Zoning Administrator provided a point-by-point answer on each issue. Councilmember Bastian suggested a point of protocol, perhaps entertaining a motion to approve with conditions. Discussion of the history and possible conditions for such an approval. Masher: Withdraws motion, seconded also withdrawn by Merrill. Bastian: I move that the Council approve the revised preliminary plat for Echo Creek Subdivision #'s 5, 6, & 7, with the following conditions: 1 ) Staff report conditions 1 -- 17 accepted, with the exception of standard condition 8, 9, and 28; 2) Standard conditions 8 and 9 accepted with the following amendments: beginni g "~'~ .... ., ,~_., .... sentence n ,-,~o,u,, .~,,,. ,,~,,uo,.,~.,,,~ ~ ,~.,~-~ ~ ,,,~ ~,~,, ~.., .... ¢---,- ...., ........... ' ~' '~ "--' -'-' "( 15) ,.~.,~ ...... , ........F,,~, t~ on page 9 of be stricken from amending ~9, "~-~= .... ~ ~ ~ ~--.: .... ~---:,, .... : ..... :~ ......... ~" be stricken; and approve with all the standard cond t OhS o~ approval iRcluding g28 with ~28 amended to reflect "The Ci~ Council ~--'~ ~-~:~" Com,m,~ttcc shall review and approve or reject all design review applications...." to reflect the City Council's ability to approve the final plat. 3) Also, would like to add the following conditions of the City Council: A) ~he ci~ not allow an additional lot (reading from the text of the d~ume6~ provided by Richard Kinder, Attachment A), beginning in item #3, the second sentence from the end, "...the city not allow an additional lot abutting proposed lot 64 until drainage design demonstrates the area in capable of drainage retention." B) "Provide a site grading plan which t~)~flt-e'~'t-~ will alleviate Iot-'~o-',ot storm water and irrigation drainage problems." Seconded by Yzaguirre. General discussion to include the issue of disclosure (specifically how the disclosure is made) as a new condition, finalized as follows: Bastian further moved to amended the motion to include: C) The lots adjacent to the new highway 55 be provided a sign that is to be placed at the entrance on the southeast corner of phase 5 of Echo Creek Subdivision, identifying the proposed Highway 55, not in small letters, similar to the sign currently placed near this vicinity, as a responsibility of the developer (possibly for the developer to convince lTD to do this). Seconded by Yzaguirre to amend the motion. Yzaguirre: Moves to amend the motion further by including the following: D) The applicant provide an additional six feet of land for landscaping, of the Planning and Zoning Commission number 1, of page 1 of 2, of the cover letter from staff (Placed as condition D, seconded by Yzaguirre to amend the motion. VOTE BY COUNCIL ON AMENDMENTS, ALL AY~ MOT;ION CARRIES... (now have 4 special conditions in the original motion). Mayor: Provided a summary of the motion on the table containing four special conditions imposed by Council, ALL AYE, MOTION CARRIES .... .ESS: ;rnate Route to State Street - ACHD is requesting that the City of Eagle decide on what funding they will approve for what specific improvements, over and above those improvements planned by ACHD, for the proposed reconstruction of Eagle Road from the Alternate Route to State Street. (MB) The Mayor introduced a list of items discussed, and the amount of money needed for contribution, and an idea of a budget shift. Zoning administrator described the basic necessities, four items, sprinkler sleeves, conduit pull box, electrical control box, and electrical conduit. General discussion of the funding sources on the other items. Recommendation from the City Clerk to use the appropriation in Capital Expenditure, Downtown Parking. Mayor suggests to build up this line item with any future, unexpected revenue. General questions on the specifics of these items. Suggestion from Councilmember Bastian, recommends that the islands be built in the street. Perhaps recommend that the Council in conjunction with the approval, note the concerns of Council on the development of the islands and with the trees with the 3-foot planting strips. General discussion of the issue. Recommendation to fund the $14,300. Bastian: Moves that the City commit funds for the total $49,555 for the improvements of Eagle Road from Albertsons to State Street. Seconded by Merrill. (Line item deducted will be the current "Capital Outlay -- Downtown Parking"). With a condition that the final road plan come back for review by the Council, seconded by Merrill. ALL AYE, MOTION CARRIES .... Merrill recommends placing this issue on the next agenda for further discussion. B. Buckhorn Estates Final Plat (Impact Areal ; Ga~ lee, with JUB Engineering, is requesting Final Plat approval for a 15-1ot ~e~iden~ia! SubdivisiOn on 79.47 acres. The site is located approximately ~ mile east of Park Lane and approximately 600 feet north of Floating Feather Road. Zoning Administrator p~vided a brief summary of this issue, recommends approval with the two c6~ditions nOted in hi~ staff report. This final plat basically complies. Mayor wishes t~ Zoning Ad~ini~'~r~or to' go on record regarding the abnormalities of this particular issue, the final plats were not checked against the preliminary plat. General discussion of the history. Masner: Moves to approve the final plat for Buckhorn Estates #4, seconded by Yzaguirre. ALL AYE, MOTION CARRIES .... C. Zoning Ordinance Amendments - Councilmember Merrill has requested the Council consider amendments to the Zoning Ordinance relating to the exception of metal siding on buildings. Issue was continued since it is currently before the Planning and Zoning Administration. Merrill: Suggested placing an issue concerning the composition of the Design/Review Board on the next regular Council meeting. D. Comouterland Billing - Councilmember Merrill has requested the City Clerk and Mayor discuss the most recent billings from Computerland for technical network engineering support, and the City Clerk requests the Council discuss and decide on payment of this $3,800 claim against the city. City Clerk explained the billing. Bastian: Moves to approve the claim from Computerland, seconded by Masher. ALL AYE, MOTION CARRIES... E. Council Resolution # 6-95 - The City Clerk has requested the City Council to discuss and clarify the policy for communications within and by the city set forth under Resolution # 6-95. City Clerk asked to have the issue continued to the next regular meeting. Uasner: Moves to continue to the next meeting, secd~ded by Yz~guirre~ ALL AYE, ~:~COU~CIL~MINUTES~1996~CCll1296.MIN 1 3 MOTION CARRIES .... Fi Ordinance # 280. Official Bank - The City Clerk has requested the City C~uncil {o ~ffirm a pievio~S decision to change the official bank to First Security B~nk. G. Ordinance # 28'1. Air Quality_ Emission Extension - The Mayor has requested the City Council to extend the Air Quality Emission agreement to December 31, 1997. H. Ordinance # 282. Doo Licenses - The City Clerk has requested the Council to review and amend the current Dog Licensing provisions for purposes of updating the Code to current practices. Council requested all three issues be reviewed at the same time. City Clerk introduced each item. Yzaguirre: Moves that pursuant to Idaho Code Section 50-902, that the rule requiring ordinances to be read on three different days, with one reading to be read in full, be dispensed with, and that ordinance #280, 281,282, be considered after being read by title only. "ORDINANCE NO. 280: AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING TITLE 1, CHAPTER 7, SECTION 1-7-1A, EAGLE CITY CODE ESTABLISHING AN OFFICIAL DEPOSITORY FOR CITY FUNDS, PURSUANT TO THE AUTHORITY ESTABLISHED BY SECTION 50-1013, IDAHO CODE. ORDINANCE NO. 281: AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING TITLE 4, CHAPTER 4, SECTION 4-4-12 OF THE EAGLE CITY CODE TO EXTEND THE EFFECTIVE DATE UNTIL DECEMBER 31, 1997, PURSUANT TO AUTHORITY ESTABLISHED BY SECTION 50-302, IDAHO CODE. ORDINANCE NO. 282: AN ORDINANCE oF~H~ ~1TYOF EAGLE, ADA COUNTY, IDAHO, AMENDING TITLE 4, CHAPTER 5, SECTION 4-5-6, EAGLE CiTY CODE ESTABLISHING SPECIAL PROVISIONS FOR DOG LICENSES WITHIN THE CITY LIMITS OF EAGLE, PURSUANT TO THE AUTHORI~ESTABLISHED BY SECTION 50-319, IDAHO CODE." seconded by Bastian, ALL AYE, MOTION CARRIES... Yzaguirre: Moves that Ordinance #'s 280, 281, and 382 be adopted, seconded by Merrill, ALL AYE, MOTION CARRIES .... I. Contract with Ada County_ Joint Prosecution Services - The City Clerk has requested the City Council to approve the negotiated contract for FY 97 prosecution services with the Ada County Prosecuting Attorney. Masner: Moves to approve the contract with the Ada County Joint Prosecution Services, seconded Bastian .... Roll Call Vote: Bastian: AYE Yzaguirre: AYE Masner: AYE Merrill: AYE 8. ADJOURNMENT: Yzaguirre: Moves to adjourn, seconded by Masner. ALL AYE, MOTION CARRIES... Having no further business the Council meeting adjourned at 12:30 a.m. Respectfully submitted: .~. EAGLE Cl~ CLER~REASURER H:~COLTNCIL~MINUTES~1996~CCll1296.MIN 15 MAYOR!lC A.