Minutes - 1997 - City Council - 04/22/1997 - RegularORIGINAL
EAGLE CITY COUNCIL MEETING
MINUTES
APRIL 22, 1997
PRECOUNCIL: 6:00 p.m.. - 7:30 p.m.
1. Mayor and Council's Reports:
Mayor discussed MOU meeting in Boise. Dennis Baker attended and gave presentation
on his plans for development and it was well received. Park meeting this Thursday on 85 Acre
Park, put together by Beck & Baird. Talked to Sterling Codifiers and all of the ordinances will
be sent to them. Sterling Codifiers will give us a discount if we send them disks with the
ordinances. Generai discussion. Council would like to review the contract with Sterling
Codifiers. Mayor reports on the meeting of Rivers 2000. Mayor reports on organizing a special
meeting on floodplain development. Joint Session with Ada County Commissioners will be
scheduled the middle of June.
Merrill reports on the park inspection that she conducted with Tal Trautmann. Them are some
things that need to be taken care of with the playground equipment and Tal will take care of that.
Meeting with Mr. Marcus on Thursday. Interested citizens will be meeting Wednesday at City
Hall on Merrill City Park, it is open to the public. Thursday there is a meeting with Donna on
the 85 Acre Park. Also a meeting with Donna on Friday at Lexington Hills on irrigation water.
Several calls on solicitation and John will address this in his Attorney's Report.
Masner reports on the Sewer District Meeting. Progress is slow.
Yzaguirre and Morgan would like to have a special meeting to promote the Bond issue on the
City Hall side. General discussion. Discuss establishing a budget for the advertising.
Bastian reports on the Library Board meeting. Meridian Librarian and representative from the
State Library were present. Friends of the Library have between $2,000 and $3,000 to use for a
public campaign. Look for individuals to help with campaign costs for the Bond issue on City
Hall. Reports on the different techniques used for advertising. General discussion. Schedule a
Special Meeting for April 29th at 4:00 p.m., include Chamber of Commeme, Sewer District,
Senior Citizens, Bob Hildeman and Jack Coonce. Report from Jack Coonce.
Masner will be absent at Council meeting on May 13th. Discussion on moving the Council
meeting scheduled for the 27th of May. Mayor will contact the Council about when to have the
meeting.
2. City Clerk/Treasurer's Report: No report.
3. Sheriff's Monthly Report. Lt. Woodcook gave an overview of his report. Discussion
on solicitation.
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4. Zoning Administrator's Report:
A. Ada County Telecommunications Towers Ordinance: Butler reports on the Ada
County Planning & Zoning Commission meeting he attended.
B. Report on Design Review Board and P&Z Commission Actions: Reports on the
Ponderosa Paint signs and Chevron Convenience Store and Car Wash. General discussion.
Mayor calls a recess.
Mayor reconvenes the meeting.
COUNCIL: 7:40 p.m.
CALL TO ORDER:
ROLL CALL: Bastian, Masner, Merrill, Yzaguirre. A quorum is present.
PLEDGE OF ALLEGIANCE:
Masner moves to approve the Consent Agenda.
MOTION CARRIES ...... Seconded by Yzaguirre. ALL AYE:
A. Minutes of March 25, 1997
B. Minutes of Februar~ 24, 1997
C. Minutes of April 8, 1997
D. Claims Against the City
E. Banbury Meadows PUD Preliminary
F. Streamside Preliminary Plat ExtensioPnlat Extension of Time.
G. Catering Permit. of Time.
H. Transfer of Beer & Wine License
Masher I move that we move Item 7H ahead of Unfinished Business. Seconded by
Yzaguirre. ALL AYE: MOTION CARRIES .........
Butler requests Council to review and approval for signature of the City
Right-of-Way for a casing and water line extension off of Highway 55 connecting phases 1,
2, 3 & 4 · of Permit to Use
of Trad Creek/Echo Creek to phase 5, 6 & 7 of Trail Creek/Echo Creek. So
moved by Masher. Seconded by Yzaguirre. Discussion, to be added as New Business 7H.
ALL AYE: MOTION CARRIES.
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7H. Final Plat for Buckwheat Acres Subdivision 96-22-PDR:
Mayor introduces the issue.
Butler recommends this item be continued to May 13, 1997 City Council meeting.
Darrrin Lebbit representing Mr. Palmer. I can't see this being moved to another meeting. It has
been ongoing for a long time. We have done everything the City Engineer asked us to do.
Masher: I move that we continue this to our next council meeting. Seconded by Yzaguirre.
Discussion. ALL AYE: MOTION CARRIES ...........
5. UNFINISHED BUSINESS:
A. Discussion of Eagle Road improvements from State Street North.
Mayor introduces the issue.
Butler hands out information to the Council on Eagle Road, State Street south to Eagle Alternate
Route.
Steve Spickelmeir, ACHD, discusses the Joint Effort Agreement on Eagle Road, State Street
south to Eagle Alternate Route and discusses what the cost would be to go North. General
discussion.
Bastian moves that we table the discussion of State Street north until a time the ACHD and
the City Staff can place the details in their packet. Seconded by Masher. ALL AYE:
MOTION CARRIES .....
Bastian I move that we approve the agreement and authorizes the Mayor to sign that
agreement subject to the approval and recommendation by the City Attorney. Seconded
by Yzaguirre. General discussion. Bastian, AYE, Yzaguirre, AYE, Masner, AYE, Merrill
AYE. ALL AYE: MOTION CARRIES .........
6. PUBLIC HEARINGS:
A. RZ-5-96 A to C23 - Loy Taylor:
Mayor introduces the issue.
Zoning Administrator and Applicant request a continuance.
Merrill: I move that we continue RZ-5-96 A to C-2 to the May 13, 1997, City Council
meeting. Seconded by Yzaguirre. Discussion. Merrill amends the Motion to include V-1-
97, Variance of 20% minimum lot coverage requirement and also CU-12-96, Drive Thru
Restaurant - Loy Taylor requesting and representative of McDonalds. Seconded by
Bastian. ALL AYE: MOTION TO AMEND CARRIES ......
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ALL AYE: ORIGINAL MOTION CARRIES ..........
B. V-1-97 Variance of 20% minimum lot coverage requirement: Applicant
requests a continuance. Continued to May 13, 1997.
C. CU-12-96 Drive-Thru Restaurant-Loy Taylor: Applicant requests a
continuance. Continued to May 13, 1997.
D. ZOA-1-97 Zoning Ordinance Amendment - City of Eagle:
Mayor introduces the issue.
Butler provides an overview of the Zoning Ordinance Amendment. Displays an overlay
showing a map with locations on proposed areas where telecommunication towers and related
facilities can locate. General discussion.
Bastian moves that we strike out any reference to the zone designated R in this document.
Clarification asked for. Bastian moves that on Page 2 of 8, second paragraph, Personal
Wireless Facilities, height 35' or less, Conditional Use Permit required in the following
Zones, strike the "R" or residential designation in that Paragraph. Seconded by
Yzaguirre. Discussion. ALL AYE: MOTION CARRIES ..........
Butler: Point of order. You are doing your deliberations and we have not had the Public
Hearing.
Mayor: A point of order has been raised. The Public Hearing has not been held.
Bastian moves that the motions before the council be tabled. Seconded by Merrill. ALL
AYE: MOTION CARRIES ........
Mayor opens the Public Hearing. No oral or written testimony.
Mayor closes the Public Hearing.
General discussion among the Council on the Ordinance.
Bastian I move that we change Item S-2-B from its current wording to: personal wireless
facilities shall not be permitted in a residential zone. Seconded by Merrill. ALL AYE:
MOTION CARRIES .....
Bastian I move that at the top of Page 2 of 8 of this document that we remove the reference
to zones designated with the capital letter "R". Seconded by Yzaguirre. Discussion. ALL
AYE: MOTION CARRIES .......
General discussion on the Ordinance.
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Masner moves that we add to the Ordinance that the Conditional Use Permits have a five
(5) year life and must be renewed at the end of that five (5) years with Council approval.
Seconded by Merrill. Discussion. Bastian moves that the motion be tabled. Seconded by
Merrill. ALL AYE: MOTION CARRIES .........
General discussion on the Ordinance.
Bastian I move that we strike the word "Church" from 13(b) on Page 8 of 8. Seconded by
Masner. Discussion. ALL AYE: MOTION CARRIES ........
Bastian I move that we bring the tabled motion concerning Conditional Use Permits back
before us. Seconded by Masher. ALL AYE'. MOTION CARRIES ........
General discussion.
Bastian moves to amend the Motion as written by the City Attorney. City Attorney reads
the language into the record: In addition to the findings and conditions required for
conditional use permits pursuant to Eagle City Code 8-7-3, a finding shall be made
concerning the duration of the conditional use permit. Upon finding the conditional use
permit shall be limited in duration, a condition limiting the duration and the bases for such
condition shah be included in the conditional use permit. To be placed as 11C under the
Title Permits. Seconded by Masner. ALL AYE: MOTION CARRIES .........
General discussion on the Ordinance.
Merrill moves that we strike the sentence on Page 5 of 8, 5(b) "in lieu of this requirement a
nonrevocable easement must be provided if a easement is utilized a copy of the full
executed easement agreement shall be submitted to the City as part of the application. In
the next sentence: "No structures are permitted in this fall zone other than agricultural
except as may be specifically permitted by the C!~ty Council. Seconded by M. asne.r..
Discussion. Merrill amends the motion to read:t'The tower should be locateo a m~mmum
of one foot for each foot of height from aH property lines (the fall zone), strike: in lieu of
this requirement a nonrevocable must be provided if an easeme~nt is utilized a copy of the
fully executed easement agreement shah be submitted to the City as part of the
application", strike that. Second agrees. Discussion. ALL AYE: MOTION
CARRIES ..........
General discussion.
Mayor: No structures other than the accessory utility building. So moved by Bastian.
Seconded by Merrill. ALL AYE: MOTION CARRIES ..........
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Masner moves that on Page 5 of 8, paragraph (b): no structures or storage are permitted
other than the accessory buildings. Seconded by Bastian. ALL AYE: MOTION
CARRIES .............
General discussion.
Bastian I move that we put a period at the end of public street and strike the language with
the following exceptions and then when towers maybe placed - that whole sentence be
stricken. Seconded by Merrill. ALL AYE: MOTION CARRIES ......
Discussion by Zoning Administrator.
Butler: Page 2 of 8. Modification to the 2"4 and 3~a paragraph, we removed the "R"
designation there and in the 4* paragraph add "R". In other words: "personal wireless
facilities, height over 35' not permitted in the following zones: CBD and R and a new
paragraph that says: personal wireless facilities, height 35' or less, not permitted in the
following zones: "R". So moved by Bastian. Seconded by Merrill. Discussion. ALL AYE:
MOTION CARRIES ....
Mayor call a 5 minute recess at 9:50 p.m.
Mayor reconvenes the meeting at 10:00 p.m.
Merrill I move that we continue this Ordinance on telecommunications to May 13, 1997.
Seconded by Yzaguirre. ALL AYE: MOTION CARRIES .....
7. NEW BUSINESS:
A. DR-21-96 Drive-Thru Restaurant-Appeal of Planning & Zoning Commission
Decision: Mayor introduces the issue. Applicant requests a continuance.
Merrill moves that this item be continued to May 13, 1997. Seconded by ALL AYE:
MOTION CARRIES .........
B. Trail Creek/Echo Creek Berm Statement of Understanding. Mayor
introduces the issue.
Steve Hutchinson, ITD, provides an overview of the Statement of Understanding. General
discussion.
Bill Guhrke, Developer, has no problem with either agreement. He prefers the 6' berm. He
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would like a change from two weeks to three weeks on inspections. He has agreed to spending
$40,000, it should be between $950 - $1,000.
Chuck Jeters, President Echo Creek Homeowners Association, we want the berm, everyone
wants the berm. We strongly object to ITD being indemnified.
Terry Miller, Director of the Homeowners Association, discusses the ITD indemnification.
Leroy Meyers, ITD, discusses the ITD indemnification. Would like a chance to review this with
their legal counsel.
Mayor provides a history and discusses the agreement. The City is not in a position to enforce
this agreement.
Rich Kinder, Echo Creek Homeowner, time is of the essence. This issue cannot be delayed any
further. 20 of the 24 homeowners have signed this agreement as it is written. I don't think we
can go back to them with a different type of agreement. Does not have a problem with the three
week inspection. Would like to tie down the landscaping dollar amount. General discussion.
General discussion among homeowners, ITD representatives, Mayor and Council.
Bastian moves that we authorize the Mayor to sign a Statement of Understanding involving the
Idaho Transportation Department, Treasure Valley Village, Echo Creek Homeowners
Association concerning the berming of the Echo Creek Subdivision as outlined in the document
labeled Amended April 21, 1997, with the Indemnification provision stricken and with #9
reading within three weeks and language added obligating Mr. Guhrke to provide a no less than
$900 and no more than $1,000 for landscape costs for the affected property owners as the
original language stated and authorize the Mayor to sign that in our behalf. Seconded by
Yzaguirre. ALL AYE: MOTION CARRIES ...........
C. Discussion on Building Permit Fees: Mayor introduces the issue.
Masner discusses the building permit fees and the fees on the March building permit report.
Daunt Whitman, City of Eagle Building Inspector. Using value tables put out by the people who
write the code books. Discusses the March building permit report. General discussion.
D. Ordinance 292: for Rezone for Edge Development: Mayor introduces the issue.
Yzaguirre: I move, pursuant to Idaho Code, Section 50-902, that the rule requiring
ordinances to be read on three (3) different days with one (1) reading to be in full be
dispensed with, and that Ordinance 292 be considered after being read once by title only.
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Seconded by Merrill. ALL AYE: MOTION CARRIES .......
Yzaguirre: Ordinance No. 292. An Ordinance changing zoning classification of the real property
described herein from R-5 residential, 5 units per acre maximum, to classification C-2, general
business district classification, amending the zoning map of the City of Eagle to reflect said
change and providing an effective date.
Yzaguirre: I move that Ordinance No. 292 be adopted. Seconded by Merrill. Bastian,
AYE, Yzaguirre, AYE, Masner, AYE, Merrill, AYE. ALL AYE: MOTION CARRIES .......
E. Report and Status of Zoning Administrator's proposed Engineering
Contract, Scope of work and Proposal for City Engineering: Mayor introduces the issue.
General discussion between Mayor, Council and Zoning Administrator.
Veto Brewer, Holladay Engineering. About three weeks after we started working for the City of
Eagle I brought in our standard contract and it has been here ever since. I also sent a copy to
John. Holladay usually works by appointment. Some clients want a contract others are satisfied
with the appointment. Vern is concemed about the way the scope of work is written, this is
unusual. Holladay Engineering would like to have a contract. General discussion.
Masner: I move that we instruct the Mayor and City Planner to bring their
recommendation of a contract to us at our next Council meeting. Seconded by Bastian.
ALL AYE: MOTION CARRIES .........
Mayor: My recommendation is the Contract that was submitted with John's approval of it.
F. Discussion on Island Woods Pathways Bridge and Pathway along new
Highway 55: Mayor introduces the issue.
Yzaguirre discusses the Island Woods Pathways Bridge project. We are moving into the location
study phase.
Yzaguirre and Masner met with a group discussing a 6'-10' gravel pathway along the Western
Highway 55 boundary. Scheduled a meeting for May 6, 1997. Discussion on an easement.
Councils thinking is that they want ownership of the easement. General discussion on whether
there is going to be a fence. Yzaguirre will find out about this.
G. Ordinance 293: Eagle Fire Protection District: Mayor introduces the issue.
Masner I move, pursuant to Idaho Code Section 50-902, that the rule requiring ordinances
to be read on three (3) different days with one (1) reading to be in full be dispensed with,
and that Ordinance No. 293 be considered after being read once by title only. Seconded by
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to be read on three (3) different days with one (1) reading to be in full be dispensed with,
and that Ordinance No. 293 be considered after being read once by title only. Seconded by
Bastian. ALL AYE: MOTION CARRIES ........
Masner: An Ordinance by the City of Eagle, an Municipal Corporation, adding a new chapter,
Fire Protection to the Eagle City Code providing that all fire protection shall be provided by the
Eagle Fire Protection District; providing for severability; and providing an effective date.
Masner moves that Ordinance No. 293 be adopted. Seconded by Bastian. Bastian, AYE,
Yzaguirre, AYE, Masner, AYE, Merrill, AYE. ALL AYE: MOTION CARRIES ........
H. Application and Permit to Use Right-of-Way. Mayor introduces the issue.
Vem Brewer, Holladay Engineering, explains the Application and Permit to the Mayor and City
Council. General discussion.
Mayor: Make a motion that we apply for a Application and Permit to Use Right-of-Way
utilities be issued with the attached City Engineer's stipulations. The Developer will have
their engineer prepare plans and specifications pursuant to Eagle Code 9-4-1-9 and obtain
all permits necessary for this construction. If as a result of obtaining DEQ approval, DEQ
modifies the construction or if the City Engineer in review of the Developers plans requires
changes, the Developer shall comply with those changes, and that the Developer shall sign a
statement with these conditions therein. So moved by Masner. Seconded by Yzaguirre.
ALL AYE: MOTION CARRIES ......
City Engineer's Report:
A. Annexation Report. Vem provides a review of the annexation.
6. City Attorney's Report: Discusses the Drainage District #2, it can be put on the next
agenda, the bridge in Arboretum. I talked to Tim Gass ~n regards to the attorney s fee. The City
did not agree to pay for the legal fees. City can go ahead and sign the Agreement and a letter be
sent to the Drainage District in regards to the legal fees.
John hands out information on door to door sales·
Kestrel Cove Agreement is now in the hands of the Developer.
8. ADJOURNMENT:
Masner moves to adjourn. Seconded by Merrill. ALL AYE: MOTION CARRIES ........
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Hearing no further business, the Council meeting adjourned.
Respectfully submitted:
~u~'n K SMITH
EAGLE CITY CLE~
MA
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