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Minutes - 1997 - City Council - 05/28/1997 - RegularORIGINAL EAGLE CITY COUNCIL MEETING MINUTES May 28, 1997 PRECOUNCIL: 6:30 p.m.. - 7:30 p.m. 1. Sheriff's Monthly Report. Overview of Sheriff Report for April, 1997. Makes a report of the Sheriff's Departments coverage for Eagle Days and the Fun Run. Department can provide a pin map for the City in regards to location of accidents. Provides information on the Kegger Patrol (drinking parties). Not aware of any in the City of Eagle. Nothing major going on to date. 2. Healthwise Community Project: Nancy Andolsld: 15 rain (CAB). Provides handouts for the Council. A nurse with Healthwise Community Project. Provides an overview of Healthwise and their projects. Projects are funded totally by grants. 3. Mayor and Council's Reports: Yzaguirre gives a report on Fun Days. Discusses the Sewer Board meeting with Mayor Coles, Carolyn Tertling and Dennis Baker. Baker presented his most recent configuration of his new subdivision that shows the area that would be traded in the impact area switch. Some property he would like Boise City to sell him. Morgan gave a report on a meeting that was held at Holland Realty with all of the contractors with the Manager of the Sewer District. Nancy reports on Arbor Day, Monday, June 1, 1997, at 1:00 o'clock p.m. On June 11, 1997, 150 kids will do plantings in the Arboretum. We will need to allocate approximately $200 for plants. Box Lunch Social for the Seniors at noon. June 11, 1997. On the 1 lth there will be a meeting at City Hall on the Merrill Park. June 18, 1997, Ada County Sports Complex meeting a Senior Center. Nancy reports on a barbque she had at her house on Monday night for the homeowners at Echo Creek. Rich also attended the barbque. Susan Thomas speaks on the Bond Election. 3. City Clerk/Treasurer's Report: City Clerk asks the Council to decide in the next couple o£weeks if they want a joint meeting on June 30, 1997, with the Planning and Zoning Commission. Reports on the rock chuck problem and the progress being done on the citizens complaints. 5. Zoning Administrator's Report: Provides a report on the comp plan amendments and the annexation. Discussion on City Code in regard to the codes on roads. Council would like to have a recommendation from Mark on this. Report on ACHD and the property at Floating Feather and Ballantyne. General discussion. 6. City Engineer's Report: Bill Johnson gives a report on low pressure complaints at Echo Creek. June 3, 1997, there is a meeting at the Senior Center. 7. City Attorney's Report: We got the opinion in the lawsuit with Bothwell and Wintry River lawsuit. Court remanded the case back to the District Court to dismiss.. Reports on a hearing that he attended this afternoon on the claim against the City on Buckwheat Acres. The parties are trying to work something out. Kestrel Cove final agreement is signed. Update on Brighton lawsuit. Council President Masner calls for a 5 minute recess. Council President Masner reconvenes the meeting. COUNCIL: 7:30 p.m. cc052897min 1 7 1. CALL TO ORDER: 2. ROLL CALL: Bastian, Merrill, Yzaguirre. A quorum is present. 3. PLEDGE OF ALLEGIANCE: 4. CANVAS VOTES: In accordance with Idaho Code, Section 34-1711 and 50-467, the City Clerk is requesting the Mayor and Council to canvass the results of the Recall Election and the Bond Election. The City Clerk is also requesting approval of Resolution 97-8 declaring the results of the Bond Election President of the Council introduces the issue. City Clerk presents the Council with the Official Tally and Records books of the Recall Election, Proposition A and Proposition B. General discussion. Bastian moves that Council canvass the votes of the Recall Election. Seconded by Yzaguirre. Discussion. Bastian also moves that the canvassing include the total vote to Recall 1,105 and against recall 787 with 10 blank ballots, and I move that we approve that count. ALL AYE: MOTION CARRIES ........... Merrill moves that we accept the canvass of the votes for Proposition A of the City Bond, City Hall/Library with 952 for and 912 against and blank ballots 38. Seconded by Yzaguirre. ALL AYE: MOTION CARRIES ......... Merrill moves that we do not accept the canvas of the votes for Proposition B and that we instruct the election officials to convene and recount the votes for the Library Bond election. Seconded by Bastian. ALL AYE: MOTION CARRIES ........... City Clerk: In regards to the Special Recall Election, I proclaim the results to be 1,105 for recalling Charles A. Bower who holds the office of the Mayor of the City of Eagle, and 787 against recalling Charles A. Bower who holds the office of the Mayor of the City of Eagle, and the results are that Charles A. Bower, Mayor of the City of Eagle, has been recalled. The Chair declares the votes for the three canvassed. General discussion. A. Appointment of Mayor by City Council, if necessary, in accordance with Idaho Code, Section 34-1712 (4)(5). Bastian I move that we appoint as Interim Mayor, Rick Yzaguirre, and that he serve as Mayor from this time until the first meeting in January, 1998. Seconded by Merrill. ALL AYE: MOTION CARRIES. cc052897min 2 Council President Masner administers the oath of Office to Rick Yzaguirre. Council President Masner tums the meeting over to Mayor Yzaguirre. Mayor Yzaguirre discusses appointment for the vacancy on the Council. Resumes from citizens will be accepted through June 10 and an appointment will be made by June 24. 5. CONSENT AGENDA: Masner moves to approve the Consent Agenda. Seconded by Bastian. ALL AYE: MOTION CARRIES ...... Masner moves that we add an Executive Session as item 8H under new business. This executive session to discuss a land purchase contract. Seconded by Bastian. ALL AYE: MOTION CARRIES ....... Merrill moves that Item #8G be moved to Item #8A. Seconded by Bastian. Discussion. ALL AYE: MOTION CARRIES ......... A. Minutes of May 13, 1997 B. Minutes of May 17, 1997 C. Claims Against the City D. Findings of Fact for Conditional Use Application for Temporary Gravel Extraction Operation (CU-9-96). The Zoning Administrator is requesting Council approval of the Findings of Fact for the conditional use application submitted by SDR Development, LLC. The 23.1-acre site is located approximately 1,000 feet south of State Street, adjacent to the east boundary of the Monroe property. E. Findlm,a of Fact for Rezone Application from A (Agricultural) to R-4 (Residential-four dwelling unita per acre maximum) 01Z-3-96) and Preliminary Plat Application for Lakeland Estates Subdivision (PP-2-96): The Zoning Administrator is requesting Council approval of the Findings of Facts for the rezone and preliminary plat application submitted by SDR Development, LLC. 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. F. Arbor Day Proclamation: The City Clerk is requesting Council to officially proclaim June 2, 1997 as Arbor Day in the City of Eagle. 6. UNFINISHED BUSINESS: Butler informs the Council that the City has received a letter from McDonald's Corporation, Loy Taylor, withdrawing Items 6A for Design Review, Item 7A for Rezone, Item 7B for Variance and Item 7C for Conditional Use, all for the McDonald's site just South o£Albertsons. I don't believe anyone is here representing the Applicant. General discussion. cc052897min 3 A. DR-21-96 - Drive-Thru Restaurant- Appeal of Planning and Zoning Commission Decision: The Zoning Administrator is appealing the Planning and Zoning Commission decision on McDonald's request for design review approval of a fast food restaurant with a drive-thru. Thc site is located at 434 S. Eagle Rd., near thc northeast comer of Eagle Rd. And thc Eagle Alternative Route.(MLB) This item was continued from the May ]3, 1997, City Council Meeting. Withdrawn by McDonald's. 7. PUBLIC HEARINGS: A. RZ-5-96 - A to C-2 - Loy Taylor: McDonald's is requesting a rezone from A (Agricultural) to C-2 (General Business District). 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 May 13, 1997, City Council meeting Withdrawn by McDonald's.. B. V-1-97 Variance of 20% minimum lot coverage requirement - Loy Taylor: Loy Taylor with McDonald's Corp. is requesting a variance to allow a reduction in the minimum 20% 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 May 13, 1997, City Council meeting. Withdrawn by McDonald's. C. CU-12-96 - Drive-Thru Restaurant - Loy Taylor: 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 May 13, 1997, City Council meeting. Withdrawn by McDonald's. D. VAC-1-97 - Vacation of uCommom Lot" not on Spyglass Subdivision Final Plat-Peter A. Wierenga: 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 May 13, 1997, City Council meeting. Mayor introduces the issue. No member of the Council has had any ex parte contact or a conflict of interest on this issue. Peter A. Wierenga, 10454 W. Garberdale Court, Boise. Wierenga provides information on the proposed vacation of common lot. cc052897min 4 Butler provides an overview of his report. Has recommended approval with conditions on the pathways and horse trails. Discussion on pathways and horse trails. Discussion on the drainage facility on this lot. General discussion. Butler discusses two other conditions he has recommended. General discussion on staff recommendations. Mayor Yzaguirre opens the Public Hearing. No one has signed up and no one in the audience wants to speak on this issue and no written testimony has been received. Peter Wierenga discusses the staff recommendations. General discussion. Mayor closes the Public Hearing. Masher moves that the item be continued to a later date. No second and the Motion dies. General discussion among the Council. Bastian moves that we approve the vacation of the common lot and place a note on the Spyglass Subdivision final plat to that affect., with the Staff Recommendations #1, 2, 3, and 4, and an additional requirement that we receive a letter of approval of a drainage area being built upon an easement. Seconded by Masher. Discussion. ALL AYE: MOTION CARRIES ........ E. RZ-3-97 - Rezone from R-5 to C-2 - Patrick Gibbons: Patrick Gibbons is requesting a rezone from residential (R-5) to general business district (C-2). The site is located approximately 720-feet south of State St. at 209 S. Eagle Rd. Mayor introduces the issue. No member of council has ex parte contact or a conflict of interest. Butler informs the Council that the applicant telephoned and they were unable to get the Public Hearing sign up in time and therefore this application needs to be continued to your next regular meeting which is June 102. Mayor: I would then entertain a Motion to continue. So moved by Masner and Seconded by Bastian. Ail in favor of continuing this item to the June 10~h meeting: ALL AYE: MOTION CARRIES ........ 8. NEW BUSINESS: A. Review of Solicitors, Street Vendors, and Peddlers Ordinance: Council Member Merrill is requesting Council review of the current City Code regarding solicitors, street vendors, and peddlers and discuss possible changes to the Code. Mayor introduces the issue. cc052897min 5 Merrill discusses the problem and the complaints that have been received. City Attorney discusses the codes from other cities. General discussion. Merrill passes out an article regarding this issue. Margie Plott, 343 N. 2nd Street. I started a neighborhood watch and found that solicitation is a problem in the neighborhood. She contacted Nancy Merrill in regards to this and provided information to the City Attorney for his review. Merrill moves that we instruct our City Attorney to retum to us in Ordinance form a Solicitation Ordinance that would involve Chapter 12 from the City of Boise's Ordinance, and also Item 3-5- 2 from the City of Fruifland's Ordinance and do that as soon as possible. Seconded by Bastian. Discussion. ALL AYE: MOTION CARRIES ........ B. Final Plat for Stetson Subdivision: Stan Ray representing Stetson Subdivision is requesting final plat approval for Stetson Subdivision, a 5-lot residential subdivision. The 28-acre site is located approximately 600-feet south of Homer Road on the east side of Park Lane. The site is within the Eagle Area of Impact. Mayor introduces the issue. John Viehweg, 1168E W. Puritan, Boise. Provides information in regards to the subdivision. Butler provides an overview of his staff report and the engineer report. Discusses staff and engineer recommendations. Staffrecommends approval with the three conditions in the Staff Report.. John Viehweg discusses the 5' foot easement overlay. General discussion. Applicant provides legal counsel a copy of the Ada County Approval. General discussion among Council. Bastian moves that we approve the final plat for Stetson Subdivision with the Staff recommendations: 1. Comply with the conditions noted on the attached May 22, 1997, letter from the City Engineer with the following exceptions and let those exceptions be part of the record; 2. As was required by the City Council upon recommendation of approval of the Preliminary Plat providing 5' wide overlay easement along the canal at the north of the property. End it there with a period and strikeout any other words that continue as that #2 condition: and 3. That the Applicant shall submit payment to the City for all Engineering Fees incurred for the reviewing of this project prior to the City Clerk signing the final plat and any other conditions that were a requirement of the Preliminary Plat. Seconded by Masher. TWO AYES: ONE NAY: MOTION CARRIES .......... cc052897min 6 C. Final Plat for Rip Cord Ranch Subdivision: Stan Ray is requesting final plat approval for Ripcord Ranch Subdivision, a 3-lot residential subdivision. The 7.6-acre site is located approximately 450-feet south of Beacon Light Road on the west side of Park Lane. The site is within the Eagle Area of Impact. Mayor introduces the issue. Stan Ray, 4544 N. Park Lane, Eagle. Provides Council with information on the project. Butler: Staff recommends approval. Stan Ray inquires as to the amount of the Engineering Fees. Butler responds. Merrill moves that we approve the final plat of Ripcord Ranch Subdivision including Staff Recommendations and Standard Conditions of Approval. Seconded by Bastian. ALL AYE: MOTION CARRIES .......... D. Request for the City of Hire a Facilitator for Comp Plan Amendments: The Planning and Zoning Commission is requesting Council approval to hire a consultant to facilitate an advertising campaign, four to six public workshops to gather public input, and other tasks related to the upcoming comprehensive plan amendments to be proposed by the Commission. A bid has been submitted by David Eberle consulting. Butler provides the Council with information as to the discussion with the Planning and Zoning Commissions request for a consultant and facilitator to assist with the public workshops and gathering all of the public input and putting it into document form. Discusses David Eberle's bid. Butler discusses where in the budget the money could come from for payment of the consultant and facilitator. General discussion. Butler says the cost could be between $4,000 and $5,000. General discussion. David Eberle, 760 Harcourt Road, Boise, I am open to questions. Concern of the Council is the scope of work and the actual cost. Eberle discusses his proposal. General discussion on the scope of work. Discussion on preparing a land acquisition map. General discussion. Council instructs Butler to prepare a scope of work and submit it to any interested party. Legal Counsel advises that the bid does not have to be in the newspaper, the bid can be sent to individuals that might be interested in this type of work.. Butler will report back to the Council on the June 10t~ meeting. E. Proposed Ordinance Amendments Providing for Landscape and Buffer Area Requirements for Subdivisions and all Developments requiring a Design Review: The Zoning Administrator is requesting that Council make a motion for staff to proceed with a proposed ordinance amending Eagle City Code, Title 9 "Land Subdivisions", Chapter 3, Section 7; and amending Eagle City Code, Title 8 "Zoning", Chapter 2A, Section 7. cc052897min 7 Mayor introduces the issue. Butler provides an overview of the proposed ordinance amendments. General discussion between Council and Butler on the proposed ordinance. Butler: I'm asking for a motion for me to move forward with the Public Hearing process and this would go to Planning and Zoning. So moved by Masner. Seconded by Merrill. ALL AYE: MOTION CARRIES ....... F. Ordinance 296: The City Clerk is requesting approval of Ordinance 296 which changes the classification of the real property (described in Exhibit A of the ordinance) from C-2 (Commercial) classification to R-5 (residential) classification amending the zoning map of the City of Eagle to reflect said change and providing an effective date. The site is located at 1022 and 964 West State Street, on the north side of W. State Street approximately 3/4 mile west of Eagle Road (Custom Masonry site). Merrill - 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 #296 be considered after being read once by title only. Seconded by Masher. ALL AYE: MOTION CARRIES ............ Merrill reads the ordinance title. Merrill moves that Ordinance #296 be adopted. Seconded by Bastian. Bastian, AYE, Masner, AYE, Merrill, AYE: ALL AYE: MOTION CARRIES ..... G. Ordinance 288: The City Clerk is requesting approval of Ordinance 288 annexing certain real property situated in the unincorporated area of Ada County, Idaho and contiguous to the corporate limits of the City of Eagle, to the City of Eagle, Idaho; established the zoning classification of said real property; directing that copies of the ordinance be filed as provided by law; and providing an effective date. The 26.82 acre site is located on the south side of the north channel of the Boise River approximately 1/3 mile east 0fEagle Road (State highway 44). The site abuts the east property line of the island Woods Subdivision and was previously approved for annexation and rezone by the City Council (Hendershot application). Bastian moves, 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. 288 be considered after being read once by title only. Seconded by Merrill. ALL AYE: MOTION CARRIES ............... Bastian reads the ordinance by title. Bastian moves that Ordinance No. 288 be adopted. Seconded by Masher. Bastian AYE, Masner, AYE, Merrill AYE: ALL AYE: MOTION CARRIES ........... cc052897min 8 H. Executive Session Mayor entertains a motion to go into Executive Session for the purpose of discussing land acquisition. So moved by Masher. Second Bastian. Bastian, AYE, Masher, AYE, Merrill, AYE. ALL AYE: MOTION CARRIES ........... COUNCIL GOES INTO EXECUTIVE SESSION. Bastian moves to schedule a special meeting of City Council for Friday, May 30th at 5:00 o'clock, for the purpose of canvassing the votes and land acquisition. Seconded by Merrill. ALL AYE: MOTION CARRIES ......... 9. ADJOURNMENT: Moved by Masher to adjourn. Seconded by Masner. ALL AYE: MOTION CARRIES... Hearing no further business, the Council Meeting adjourned. Respectfully submitted. · ~ Ix SHARON K. SMITH EAGLE CItY CLERK APPROVED: MAYOR RIC ~UIRRE cc052897min 9