Minutes - 1997 - City Council - 05/13/1997 - RegularEAGLE CITY COUNCIL MEETING
MINUTES
May 13, 1997
PRECOUNCIL: 6:00 p.m.. - 7:30 p.m.
Ada County Assessor, Bob McQuaid: Discussion of the New Construction Property Tax
Roll. Assessment notices will be sent out the last week of May. 4,194 assessment notices
will be sent to property owners in Eagle. Total assessment value is $370.2 million up from
$333.5 million last year. 11% increase in total evaluation. The New Construction Roll is
calculated different this year. The Governor's tax package limits budgets to 3% of growth
plus new construction. In 1996 new construction was the value of the building permits for
the City, this year it is not market value but assessed value. Building permits do not include
the Homeowner's exemption. Exempt property is not included in the valuation this year.
1997 the value of the new construction based on the new rules is $19.2 million. The new
construction last year was $43.2 million. A 55% decrease in the new construction. So you
have the 3% of last years market value plus the $19.2 million for the budget this year.
Assessed value of existing property is up between 0%-1.7% on existing homes. General
discussion. Use these values for your next budget.
Mayor and Council's Reports: Bastian reports on the Library/City Hall pamphlets.
General discussion. Rick displays a rendering of the Library/City Hall complex. Rick
discusses a meeting that Stan and he attended Saturday on the Dry Creek Ditch issue of
trespassing and vandalism. Representative from the Sheriff's Office also attended. There is a
new Neighborhood Watch program there. Suggested that no trespassing signs be posted.
General discussion. Remainder of Mayor and Council's Report moved to end of meeting.
City Clerk/Treasurer's Report: Second phase of proof reading the City Code will begin
next week. Council should leave their Code books so they can be proofed and updated. The
May 28th Agenda will have the canvass of votes from the elections on it. There is a manual
from the seminar sponsored by Fred A. Moreton & Company on Public Entity Loss Control.
4. Sheriffs Monthly Report: No report.
Zoning Administrator's Report: Reports on the Planning & Zoning Commission meeting.
General discussion. Displays the Channel Center project site plan. General discussion.
Discussion on Great Sky Subdivision.
6. City Engineer's Report: Environmental assessment on Merrill Park looks fine. Discusses
the floodplain issue and if there was going to be a workshop. General discussion.
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7. City Attorney's Report: Moved to end of meeting.
Mayor calls a recess at 7:30 p.m.
Mayor reconvenes the meeting at 7:37 p.m.
COUNCIL: 7:30 p.m.
1. CALL TO ORDER:
ROLL CALL: Bastian, Masner, Merrill, Yzaguirre. Masner absent. A quorum is
present.
3. PLEDGE OF ALLEGIANCE:
4. CONSENT AGENDA:
Merrill moves that Item 4C and 4G be removed from the Consent Agenda. Seconded by
Yzaguirre.
Merrill moves to approve the Consent Agenda with Items 4C and 4G removed. Seconded
by Yzaguirre. ALL AYE: MOTION CARRIES ......
B.
C.
D.
Minutes of April 22, 1997.
Minutes of April 29, 1997
Claims Against the City
Ashland Acres Extension of Time: Georgia Mackley is requesting an extension
of time application for Ashland Acres preliminary plat. She is requesting a 1-year
extension of due to the unavailability of domestic water supply. The 21.2-acre
residential subdivision is located approximately 1/2 mile north and 600-feet east of
the intersection of Floating Feather Road and Edgewood Lane, adjoining
Lexington Hills Subdivision.
FP-1-97 Echohawk Estates No. 2 Final Plat: B.J. Land Company, represented
by Richard Pavelek with Tealy's Land Surveying, is requesting approval for
Echohawk Estates Subdivision No. 2, a 33~1ot (30 buildable) residential
subdivision. The 8.5 acre (approx.) Site is located approximately 800-feet south
of Floating Feather Road, adjoining Echohawk Estates No. 1 to the north and the
new alignment of State Highway 55 to the east. The site is within the Eagle City
Limits.
Van Engelen Estates: Kristen Enger submitted an extension of time application
for Van Engelen Estates No. 3 final plat. She is requesting a 1-year extension due
to sewer delays. The 7.5 acre residential subdivision consists of 32 buildable lots
and is located approximately one mile west of Eagle Rd. And 560 feet south of
State St., adjoining Van Engelen Estates No. 2 Subdivision.
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Sterling Codifiers Agreement: The City Clerk is requesting approval of an
agreement with Sterling Codifiers to provide supplemental service to the City of
Eagle's Code.
Catering Permit: The City Clerk is requesting approval of a one day catering
permit for Bacchus Corp. (dba The Bank Club) for a fund raiser auction to be held
at St. Matthew's Church on May 16, 1997.
Merrill discusses the United Water billing. The City Clerk explains what this billing contains.
Bastian moves that we accept the claims against the City. Seconded by Yzaguirre. ALL
AYE: MOTION CARRIES .....
Merrill: I have a question for the City Attorney. Is this all we need for an agreement with
Sterling Codifiers? City Attorney responds that the agreement is all right.
Merrill moves that we accept the Sterling Codifiers Agreement. Seconded by Yzaguirre.
Discussion. ALL AYE: MOTION CARRIES ........
Bastian: I move that we place on the agenda at Item 7(D), a call for a Special City Council
Meeting to be held Saturday, May 17, to discuss the new City Hall/Library Complex, at
10:00 a.m. at City Hall. Seconded by Yzaguirre. ALL AYE: MOTION CARRIES ......
5. UNFINISHED BUSINESS:
A. RZ-3-96 Rezone from A (Agricultural) to R-4 (Residential-four dwellings per
acre maximum): Ron Bath, representing SDR Development, LLC., is requesting
Council approval of a rezone from A (Agricultural) to R-4 (Residential-four dwellings
per acre maximum). The 23.1 acre site is located south of State Street, adjacent to the
east boundary of the Monroe property, west of the existing Highway 55 extended. This
item was continued form the February 25, 1997, City Council meeting.
Mayor introduces the issue.
Butler recommends approval. General discussion.
Ron Bath, I am the applicant in this case. We have done a preliminary proposal and it is well
within the realm of economics. Bastian questions as to who provides the water. Applicant states
that Eagle Water will provide the water. Discussion on connecting to Sewer District.
Bastian: I move that we approve the rezone for Lakeland Estates Subdivision RZ-3-96-
Rezone from A (Agricultural) to R-4 (Residential-four dwelling units per acre maximum).
Seconded by Yzaguirre. ALL AYE: MOTION CARRIES ......
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B. PP-2-96 Lakeland Estates Subdivision Preliminary Plat: Pon Bath,
representing SDR Development, LLC., is requesting Council approval of the preliminary
plat for Lakeland Estates subdivision. Thc 23.1 acre site is located south of State Street
adjacent to the east boundary of thc Monroe property, west of the existing Highway 55
extended. This item was continued from the February 25, 1997, City Council meeting.
Mayor introduces the issue.
Butler provides an overview of the Staff Report. Butler reviewed the Environmental Assessment
Plan and found it satisfactory. Butler provides Council with a letter he just received from the
City Engineer. Butler recommends approval of the preliminary plat with the Planning & Zoning
recommended conditions. General Discussion.
Ron Bath, Applicant. Discusses the Dry Creek Ditch that runs through the project and displays a
site plan. Working on an agreement with Dry Creek Ditch on tiling the ditch or moving the ditch
to a location at the edge of the project. General discussion.
Merrill: I move that we approve SDR Development for Preliminary Plat, PP-2-96 with
Staff recommendations, Engineering recommendations and two other recommendations:
that we have a first time disclosure on the sewer system and catch basins and that is to alert
the homeowners that they will have the maintenance of these two systems. Seconded by
Yzaguirre. General discussion. Bastian I would make a motion to amend the Motion that
the 31 Standard Conditions of Approval that apply to subdivision also be met by the
Developer. Seconded by Merrill to amend the motion to include those. ALL AYE ON
MOTION TO AMEND: MOTION CARRIES ..... Bastian I would like to make an
amendment. I would like to add a third condition that they disclose the fact that there is a
commercial gravel mining operation next to the property. Seconded by Merrill. ALL AYE
TO AMEND MOTION: MOTION CARRIES ..... ALL AYE ON ORIGINAL MOTION:
MOTION CARRIES ...........
C. Prooosed Engineering Contract and Scope of Work for Hollada¥
En~,ineeriw,: The Zoning Administrator is requesting Council approval of a proposed
engineering contract and scope of work for the City Engineering firm (Holladay
Engineering). This item was continued from the April 22, 1997, City Council meeting.
Mayor introduces the issue.
Butler: The Mayor and I were supposed to met on this and we didn't have a chance. Butler met
with Vern Brewer on the issue and made changes. We are both happy with this Contract.
General discussion. Vern Brewer discusses the mileage being charged for travel. General
discussion. Time and mileage will be charged for one way travel to the project. Attorney
approves the Contract. General discussion.
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Bastian moves that the City of Eagle enter into an agreement for professional services by
Holladay Engineering Company and approve the proposed Contract found in the terms
and conditions of the Professional Services Agreement and Exhibit A and Administrative
Office Policy for Professional Engineering dated March 19, 1997, as amended. Seconded
by Merrill. ALL AYE: MOTION CARRIES ..........
D. 96-22-PDR Final Plat for Buckwheat Acres Subdivision: Chuck Palmer is
requesting final plat approval for Buckwheat Acres Subdivision an 8-lot (approx. 5 acres
each) residential subdivision. The 40 acre site is located approximately 3/4 mile north of
Beacon Light Rd., and 3.4 mile east of Eagle Rd. within the Eagle Area of Impact. This
item was continued from the April 22, 1997, City Council meeting.
Mayor introduces the issue.
Butler provides the Council with a letter from Steve Bradbury. Mayor accepts this letter into the
record. Butler would like to present his Staff Report after hearing from the Applicant.
Chuck Palmer, Applicant. The Council has reviewed this item and he does not want to repeat.
He is open to answer any questions.
Butler provides an overview of the Staff Report and recommends approval with the conditions in
the Staff Report. General discussion between Council, Mayor, Legal Council and Butler.
Merrill: I move that we approve the Final Plat for Buckwheat Acres Subdivision with Staff
Recommendations and Standard Conditions of Approval. Seconded by Bastian.
Discussion. ALL AYE: MOTION CARRIES .........
Mayor calls for a 5 minute recess at 8:50 p.m.
Mayor reconvenes the meeting at 9:00 p.m.
6. PUBLIC HEARINGS:
A. CU-9-96 Lakeland Estates Gravel Extraction: Ron Bath, representing SDR
Development, LLC., is requesting conditional use approval for a temporary gravel
extraction operation for the construction of a lake within the proposed Lakeland Estates
Subdivision. The 23.1 acres site is located approximately 1,000 feet south of State St.
adjacent to the east boundary of the Monroe property. This item was continued from the
April 8, 1997, City Council meeting.
Mayor introduces the issue. Bastian had exparte contact two years ago or longer with a
representative from Ron Bath as to the general process of proceeding. No Council Member has a
conflict of interest.
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Ron Bath, 6281 Plantation, Boise, Applicant representing SDR Development. Discusses the
gravel extraction and displays a site plan and provides information. General discussion.
Butler provides an overview of the StaffReport. Butler recommends approval. General
discussion. Vern Brewer, City Engineer, discusses gravel permits and recommends that
Applicant provide a bond for the work in the reclamation plan in accordance with the gravel
permit. General discussion.
Mayor opens the Public Hearing. No sign-ups. Butler did not receive any written testimony.
Opens up discussion and questions from Council and Staff.
Ron Bath, Applicant, discusses the reclamation plan on the gravel extraction.
General discussion on Staff Report as to the drainage issue. Vern Brewer discusses the drainage
issue.
Mayor closes the Public Hearing.
Bastian moves that we approve Conditional Use Permit for temporary gravel extraction
operation CU-9-96 and that ali of the conditions put in place by Planning and Zoning be
followed, those conditions are #1-#11 found on Page 6 of 8 of thc Findings of Fact and
Conclusions of Law and that item #12 be added which will read: The applicant shall
provide the City with a bond for 110% of the cost for completion of the approved
reclamation plan required by DEQ and/or the Department of Water Resources, and also
require that the Standard Conditions of Approval be met except for #7 which would be
stricken in its entirety as proposed by Planning and Zoning. Seconded by Yzaguirre. ALL
AYE: MOTION CARRIES .......
B. Ordinance 294 for ZOA-1-97 Zoning Ordinance Amendment: The City Clerk
is requesting approval of Ordinance 294 providing for the regulation of location,
structure, design and other matters related to telecommunication towers and related
facilities, such as ham radio antennas, within the City of Eagle, providing for severability;
and providing an effective date. This item was continued from the April 22, 1997, City
Council meeting.
Mayor introduces the issue.
Butler provides an overview of the proposed Ordinance.
General discussion between Mayor, City Attorney and Butler.
Mayor opens the Public Hearing on the changes made to the Ordinance.
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Kim Garrick, AT&T Wireless, 1483 Greenfield Ave., Salt Lake City, Utah. Suggests a minor
modification to the Ordinance which would be to modify the set back from Edgewood by 60'
which would allow us the opportunity to submit a Conditional Use Application for an alternate
communication to site to replace the one that we got denied on.
Discussion between Council and City Attomey.
Kim Garrick. Discusses the proposed Ordinance and their request for a modification.
Butler displays an overlay of the Scenic Corridor and points out the area for modification.
General discussion.
Carl Steams, JUB Engineers, Discusses the proposed ordinance and the area of modification.
General discussion between Butler, Council, the City Attorney and Kim Garrick.
Mayor closes the Public Heating.
General discussion.
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 No. 294 be considered after being read once by title
only. Second by Merrill. ALL AYE: MOTION CARRIES .....
Yzaguirre reads the title of the Ordinance. Yzaguirre moves that Ordinance No. 294 be
adopted. Seconded by Merrill. Discussion. Bastian moves that we amend the Title of
Exhibit A to "Restricted Area for Telecommunications Towers". Seconded by Merrill.
Discussion. Also amend to include "all intended language in the Ordinance" making
reference thereto. ALL AYE: MOTION TO AMEND CARRIES .......... General Discussion.
Bastian, AYE, Yzaguirre, AYE, Merrill, AYE. ALL AYE: MOTION TO AMEND
ORDINANCE NO. 294 CARRIES ......
Mayor calls for a 5 minute recess at 10:35 p.m.
Mayor reconvenes the meeting at 10:45 p.m.
Mayor introduces Items 6C, 6D, 6E, 6F and 7A.
Merrill moves that these items be continued to the City Council Meeting on May 28, 1997.
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Seconded by Yzaguirre. ALL AYE: MOTION CARRIES ..........
C. RZ-5-96 A to C-2: McDonald's is requesting a rezone from A (agricultural) to C-
2 (general business). The applicant is proposing to construct a McDonald's fast food
restaurant with a drive-thru. Thc site is located at 434 S. Eagle Rd, near the northeast
comer of Eagle Rd. and the Eagle Alternate Route. This item was continued from the
April 22, 1997, City Council meeting. The Zoning Administrator is requesting that this
item again be continued to the next regular Council meeting due to the number of items
on this agenda. Continued to May 28, 1997, Council meeting.
D. V-1-97 Variance of 20% minimum lot coverage requirement: Loy Taylor with
McDonald's Corp. Is requesting a variance to allow a reduction in the minimum 20%
required lot coverage for a proposed McDonald's fast food restaurant with a drive-thru.
The site is located at 434 S. Eagle Rd, near the northeast comer of Eagle Rd. and the
Eagle Alternate Route. This item was continued from the April 22, 1997, City Council
meeting. The Zoning Administrator is requesting that this item again be continued to the
next regular Council meeting due to the number of items on this agenda. Moved to May
28, 1997, Council meeting.
E. CU-12-96 Drive-Thru Restaurant: McDonald's is requesting conditional use
approval for a drive-thru restaurant. The applicant is proposing to construct a
McDonald's fast food restaurant with a drive-thru. The site is located at 434 S. Eagle Rd,
near the northeast comer of Eagle Rd. and the Eagle Alternate Route. This item was
continued from the April 22, 1997, City Council meeting. The Zoning Administrator is
requesting that this item again be continued to the next regular Council meeting due to
the number of items on this agenda. Continued to May 28, 1997, Council meeting.
F. VAC-1-97 Vacation of "Common Lot" note on Spyglass Subdivision Final
Plat: Peter A. Wierenga is requesting a vacation to the final plat of Spyglass Subdivision.
The proposed vacation would allow the removal of the note which would permit the only
common lot of the subdivision to become a buildable lot. The subdivision is located on
the northwest comer of Locust Grove and Chinden Blvd. This item was continued from
the April 22, 1997, City Council meeting. The Zoning Administrator is requesting that
this item again be continued to the next regular Council meeting due to the number of
items on this agenda. Continued to May 28, 1997, Council meeting.
7. NEW BUSINESS:
A. DR-21-96 Drive-Thru Restaurant-Appeal of Plannin~ and Zonim,
Commission Decision: The Zoning Administrator is appealing the Planning and
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Zoning Commission decision on McDonald's request for design review approval of a
fast food restaurant with a drive-thru. The site is located at 434 S. Eagle Rd., near the
northeast comer of Eagle Rd. and the Eagle Alternate Route. (MLB) This item was
continued from the April 22, 1997, City Council meeting. The Zoning Administrator is
requesting that this' item again be continued to the next regular Council meeting due to
the number of items on this agenda. Continued to May 28, 1997, Council meeting.
B. Irrigation Water Line Casing for Ada County/Eagle City Park' Steelman-
Duff, the contractor working on the new Highway 55 project for ITD, is proposing to
install an 18" diameter galvanized cmp casing for the future installation of an irrigation
water line under Highway 55, at Floating Feather Road. Ken Rice, with Holladay
Engineering, has approved this type for this use. The cost to the City for the pipe and
installation will be $2850.00.
Bastian: I move that we approve the Irrigation Water Line Casing for Ada County/Eagle
City Park and authorize the expenditure of $2,850.00. Seconded by Merrill. Discussion.
ALL AYE: MOTION CARRIES ...........
Drainage District Agreement: The City Attorney is requesting Council approval
of the Agreement between the Drainage District #2 and the City of Eagle for the
construction of a foot bridge over the drain ditch located in the Arboretum next to
City Hall.
Mayor introduces the issue.
City Attorney discusses the Agreement and that the Agreement should be delivered to the
chairman of the Drainage District and deal with the legal fees at a later time.
Bastian I move that we approve the Drainage District Agreement and authorize the Mayor
to sign the same. Seconded by Yzaguirre. Bastian, AYE, Yzaguirre, AYE, Merrill, AYE.
ALL AYE: MOTION CARRIES ...........
Bastian I move that we call a Special Meeting at City hall at 10:00 a.m. on Saturday, May
17, 1997, for thc purposes of planning for the information presented to voters concerning
the new City Hall/Library Complex. Seconded by Yzaguirre. ALL AYE: MOTION
CARRIES ...........
City Attorney Report: All items previously working on are in the same status. Contacted by the
Dry Creek Ditch Company's legal counsel. Would like to go into Executive Session some time
in the future in regards to this matter. General discussion.
Merrill: Reports that a group of people would like to meet with Council on the Solicitation in the
City. Would like to have this on the next agenda. Discusses Senior Party and having a Resource
Officer present. Bastian states that the Parent Organization should take on this responsibility and
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it is not the School Districts obligation or the City Council. Met with Barry Marcus on the
Merrill Park property. Will have to get a road to it. It is progressing nicely. Park Committee is
planning on meeting again in June and will discuss funding ideas. Second meeting on Ada
County Sports Complex. Attended City Sewer Meeting last night for Morgan. Discusses that
meeting. Flood Responsibility Chart has been sent to the City Engineer to do. There is a broken
horse from OK Park. The cost for replacement will be approximately $500. Council agrees to
have the horse fixed. Repair on pump at EM2. General discussion on pump repair. No Parking
signs along State Street. General discussion. Meeting with Dennis Baker at Mayor Cole's
Office. General discussion. Discussion on Boise River 2000 meeting at APA.
8. ADJOURNMENT: Yzaguirre moves to adjourn. Seconded by Bastian. ALL AYE:
MOTION CARRIES ............
Hearing not further business, the Council meeting adjourned at 11:30 p.m.
Respectfully submitted:
~S~ON K. SMITH-.
EAGLE CITY CLE~
APPROVED:
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