Minutes - 1997 - City Council - 06/24/1997 - RegularORIGINAL
EAGLE CITY COUNCIL MEETING
MINUTES
,~ ~ 1997
PRECOUNCIL: 6:00 p.m.. - 7:30 p.m.
1. Claire Chappel has some comments to make Eagle Days. First issue was the parade.
Refused access to her home at State and Palmentto by parade officials. She is a handicap
person. Was told to park her car and walk into her house. She finally asked for a Police
Officer escort to get to her home. Once they were home they were unable to get out. A
neighbor could not get out. They were not notified that they would not have access. 2.
Eagle Fun Days night. At 9:30 p.m. it was uncontrollable. People were drinking and
walking in front of cars. Atl0:00 p.m. it was worse when she came home. Other people
have told her about their problems getting to their homes.
2. Joe Roselin, Traffic Supervisor, ACHD. Talked to Council about the permit for the parade.
The issue of public access comes up with all the big events. Next year ACHD should be
invited in to the planning stages. Streets with single access need to be accommodated.
General discussion about street lights on Edgewood and the Bypass.
3. *Ada County Sheriffs Report: Lt. Dale Woodcook. Discusses Eagle Days. Will discusses
issues tomorrow at the Chamber meeting on Eagle Days. Discusses the problems there were
at night on Eagle Days. General discussion on Eagle Days. Now is the time to discusses the
issues and make some changes. Provides Council a monthly report.
4. Ada County Weed & Pest Control: Brian Wilbur to give a report regarding the recent gopher
and rock chuck problems in the city. Needs to know what the City expectations are and
what their limitations are. Discusses the problems with gophers and rock chucks. At busy
times their response time can be 6 weeks away. Private enterprise contract would probably
have a quicker response time. They have an attorney that will draw up a contract if the
Council wants to proceed. Need to have a meeting to discusses the terms in a contract. Need
to enter into a Joint Action Agreement. General discussion. Merrill to coordinate with Ada
County, Fan'in Farnworth and Leo Parks to discuss these issues and report back to Council
with recommendations. Comments from Helen House as to her problems.
5. Mayor and Council's Reports: Susan Thomas reports on library contract. Library met
Saturday and had a budget workshop. Will vote on the budget July 9. Library planning on a
bond election in February. Rick will report later on Treasure Valley Institute. Morgan would
like to reserve a report on water and sewer to a later date. Merrill reports on Arbor Day
celebration, the planting in the Arboretum. Another service project is to do weed control and
soil aide at both ends of the bypass. Reports on Merrill Park meeting. Reports on the Ada
County Sports Complex meeting. Council invited to meet with Ada County Commissioners.
Discusses proposal on skateboard park. Discusses the need for a noise ordinance. Discusses
speed limits on the new Highway 55 as it crosses intersections and a turn lane at Island
Woods. Report on meeting with Echo Creek homeowners on water issues. Discusses
Historical Society for Eagle.
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Mayor calls for a 5 minute break at 7:30 p.m.
Mayor reconvenes the meeting at 7:50 p.m.
COUNCIL: 7:50 p.m.
1. CALL TO ORDER:
2. ROLL CALL: Bastion, Masner, Merrill. A quorum is present.
3. PLEDGE OF ALLEGIANCE:
4. APPOINTMENT OF INTERIM COUNCIl. MEMBER:
Mayor announces that he is recommending the appointment of Lyune Sedlacek to fill the vacant
City Council seat.
Masher moves to appoint Lynne Sedlacek to the fill the vacant City Council seat. Seconded
by Merrill. ALL AYE: MOTION CARRIES .......
Mayor gives the Oath of Office to Lyune Sedlacek.
Mayor gives liaison assignments to Sedlacek. Senior Citizens Group, Economic Development
Committee, Eagle Fun Days Committee and Sewer District.
Morgan will be the liaison for the Pathway and Greenbelt.
5. CONSENT AGENDA:
Masner would like to remove Item G from the Consent Agenda for discussion. Add to
New Business, Item I. Merrill would like to remove Item A from the Consent Agenda and
add to the Consent Agenda Item 8F to 5I and 8I to be 5J under the Consent Agenda.
Seconded by Bastian. Discussion. Merrill withdraws her motion in regards to Items 8F
and 8I. ALL AYE: MOTION CARRIES ......
Merrill moves to approve the Consent Agenda. Seconded by Masner. ALL AYE:
MOTION CARRIES ..........
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A. Minutes of May 28, 1997
B. Minutes of May 30, 1997
C. Minutes of June 2, 1997.
D. Claims Against the City
E. Great Sky Subdivision Extension of Time :~ John Evans, with IFI Partners II, submitted an
extension of time application for Great Sky Estates preliminary plat. He is requesting a 1-
year extension due to the sewer moratorium and slow market conditions. The 67.59-acre
residential subdivision is located approximately 400-feet east of Parkinson Street on the
north side of State Street. (MLB)
F. Lot Split (LS-2-97)- Harley Vance: The applicant is requesting approval of a lot split for
2328 Syringa Street. The 1.3-acre parcel is located on the north side of Syringa Street
2
approximately 400-feet west of Parkinson Road. (MLB)
Resolution 97-8: Request to modify APA articles of agreement, must be adopted by
resolution. (SKS)
*Wintry River Crossing Extension of Time: Doug Jayo, with Big Sky Construction
Company, is requesting a l-year extension due to litigation with neighboring residences. The
53.81-acre residential subdivision is located on the southwest corner of Floating Feather and
Eagle Road approximately 400-feet west of Eagle Road. (MLB)
5. UNFINISHED BUSINESS:
A. Request for the Cit~ to 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 scope of work is attached and all bids received by 5:00 pm on June 9, 1997,
are being submitted to the Council for their consideration.
Mayor introduces the issue.
Butler provides an overview of the Comp Plan amendments and annexation. Displays on overlay
of a report on the Comp Plan amendments and annexation and discusses possible issues for
consideration and the proposed timeline. General discussion. Butler recommends approval of
Nancy Taylor's bid. General discussion.
Masner moves that we accept Nancy Taylor's bid for facilitator. Seconded by Bastian.
ALL AYE: MOTION CARRIES ...........
Merrill moves that Item 8H be moved to 8Al under New Business. Seconded by Bastian.
ALL AYE: MOTION CARRIES ........
Ordinance 297: The City Clerk is requesting Council approval of Ordinance 297,
amending Title 3 Chapter 4 of the Eagle City Code with regards to Peddlers and
Hawkers. (SKS)
Legal Counsel discusses additional provisions for the ordinance. General discussion. Legal
counsel to make revisions and have ready for July 9, 1997, City Council meeting.
6. PUBLIC HEARINGS:
A. CU-3-97 - Gravel Extraction Operation - Ed Hcndershot: Ed Hendershot is
requesting conditional use approval for a gravel extraction operation to remove gravel
from a shallow pond and use the material as fill to raise two building pads out of the
100-year flood plain. The 26.82-acre site is located approximately 3/8-mile east of
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Eagle Rd., abutting Island Woods Subdivision on the west and the North Channel of
the Boise River on the north. (MLB)
Mayor introduces the issue. No member of Council has had ex parte
Delbert Perry, representing Ed Hendershot. Explains the gravel extraction operation.
Butler provides an overview of the Staff Report and displays an overlay of the Vicinity Map of
the area. Hendershot has not paid the engineering fees.
Masner moves that this item be continued because of all of the unanswered questions concerning
this request. Discussion. Seconded by Bastian. Discussion. Bastian would like the matter to be
continued but would like the public to be able to testify at this public hearing. ALL NAY:
MOTION FAILS ........
Bill Johnson, City Engineer, discusses permits for gravel extraction operations. General
discussion.
Mayor opens the Public Hearing.
Charles A. Roberts, 358 E. Trailside Drive, Eagle, Island Woods Subdivision. Against any
operation that allows gravel trucks to use the Island Woods Subdivision streets. No objection to
operating a gravel pit for the two pads. Concern is a commercial operation hauling gravel.
Would like notification.
Jim Benson, resides in Island Woods. Moved from River Run to Island Woods because of the
area. Opposes gravel trucks on the subdivision streets. Would not have moved to Island Woods
if he had known there would be these gravel tmcks operating on the streets.
Kelly O'Claire, Trailside Drive, Island Woods Subdivision. Moved to Island Woods for the
lifestyle and his children. Is concerned about the gravel trucks on the streets. A lot of small
children in the neighborhood.
Delbert Perry, representing Ed Hendershot. Has a letter from Dennis Baker and an extension
letter. Permit would be for a one month duration. Hendershot understands that he would have to
have the Environmental Assessment.
Merrill has a legal question on the original application. There is a second use for the gravel
operation. Legal counsel states that the original application has been amended. General
discussion.
Carol Hendershot. Misunderstanding on the purpose of the application. Purpose is to dig ponds
on the area to beautify the area. There are already two existing ponds. We need to make the
ponds bigger. We are not mining as a commercial venture. The gravel has to be taken out. We
need to find a way to get the gravel out. General discussion.
Masher moves to continue this matter to July 22, 1997. Seconded by Bastian. ALL AYE:
MOTION CARRIES .........
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A. CU-11-96/MOD - Modification of Conditional Use Permit for Gravel Crushing
and Hot Plant Operation: Idaho Transportation Department, represented by Jim
Justice, is requesting a modification to the existing (CU-11-96) conditional use
permit for gravel crushing and hot plant operation for the construction of the new SH-
55 alignment. The site is located on both sides of Hill Rd. in the newly acquired right
of way, approximately ~A-mile west of Horseshoe Bend Rd. (MLB)
Mayor introduces the issue. Council has had no ex parte contact or conflict of interest.
Jim Justice, 1019 Laredo Circle, Boise, ITD. Provides an overview of the requested
modification. Explains the relocation of the hot plant.
Butler provides an overview of the Staff Report and displays an overlay of the site and explains
same. Butler recommends denial. Planning and Zoning Commission recommended approval.
General discussion.
Jim Justice, lTD. We had a photograph that would show the location of the residences. Justice
displays the photograph of the residences and explains their location in relation to the hot plant.
General discussion.
Mayor opens the Public Hearing.
Steve Deckars, 2249 Dickey Circle. Lives directly above the gravel pit. We should do whatever
we can to speed this project on to get it over with. My dealing with ITD and the contractor has
been very positive. They have been very responsive.
Chuck Jeeters, 301 E. Redtail Ave. Testify in defensive of these people. I am concerned about
getting the fences up and the road done. Don't do anything to hinder this, get it done. We have
all shared in the dust. These are super people to work with.
Jerry Cox, Vice-President of Steelman Duff, Contractor for the project. We are doing the project
in the most expeditious manner that we can. We have an agreement to restore the pit. General
discussion. We have had talks and have worked with the homeowners that had complained at the
last meeting. We are helping to mitigate the problems.
Mayor closes the Public Hearing.
Bastian moves that we approve CU-11-96/MOD. Seconded by Masher. Discussion. Sedlacek
abstains. Tom O'Neil, Clarkston, Washington. We run the water truck continually. We water 7
days a week, 12 hours a day. The speed limit is 35. We have asked our trucks to slow down.
We are sensitive to that area. We would be willing to see Mrs. Harvey on a daily basis also. We
have a weekly meeting every Wednesday at 2:00 o'clock. Jerry Cox discusses the traffic
concerns at Hill Road and the new Hwy. 55. Jim Justice discuses the dust problem. General
discussion on conditions to be attached. Masner moves to amend the motion so the contractor
post a bond to guarantee speed limits, dust abatement and offer to rehouse the lady who has a
health problem. Bastian I will not second as I don't think a bond would be appropriate. We need
to depend upon the goodwill and honesty of ITD and the contractor as to the health problems of
Mrs. Harvey. General discussion. Jerry Cox. Would be willing to house Mrs. Harvey in a Boise
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residence of her choosing, within reason. As far as the watering, we are running two water
trucks right now. We will water Mrs. Harvey. General discussion. Bastian amends the Motion
with this Motion: I move that CU-11-96/MOD be approved with 2 conditions: # 1-that if Mrs.
Harvey requests and her health demands it that the contractor at his expense would find a suitable
habitation for her in the Boise area; #2-that the dust control measure be consistent and a timely
basis to put at a minimum the amount of dust in front of the Harvey residence and homes in that
area. Seconded by Masher. AYE ONE: NAY TWO: MOTION FALLS .........
All in favor of original motion: AYE ONE: NAY TWO: MOTION FAILS ..........
Mayor calls for a 5 minute recess at 9:45 p.m.
Mayor reconvenes the meeting at 9:50 p.m.
Masher moves that we approve this conditional use permit and the relocation. It is my
view that it will be least noxious of the choices that we have. Seconded by Bastian.
Discussion. Bastian moves to amend the motion that Mrs. Harvey be relocated to
appropriate housing by the contractor at his cost, secondly a regular watering
schedule be put in place. Seconded by Masner. Discussion. Merrill that we meet the same
time requirements for hauling time. Bastian I accept those suggestions as part of my
motion to amended. All in favor of Amendment. ALL AYE WITH ONE ABSTENTION.
ALL AYE WITH ONE ABSTENTION ON THE ORIGINAL MOTION.
A. 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 Road. The
applicant has not properly posted this item, and has asked that it be continued to the
July 8, 1997 Council meeting. (MLB)
Butler states that the applicant called and said this application is being withdrawn.
Masher moves that this matter be continued to the next regularly scheduled meeting. Seconded
by Bastian. ALL AYE: MOTION CARRIES ...........
7. NEW BUSINESS:
A. Library Board Report: Susan Thomas, President of the Library Board, will be
giving a report regarding the Library Bond.(RY) Susan gave her report at pre-
council. Discussion.
Merrill moves that we proceed on the Library Bond. Seconded by Masher. ALL AYE:
MOTION CARRIES .............
Bastian moves that Legal Counsel review the Open Access Agreement and bring before
council on July 8, 1997. Seconded by Merrill. ALL AYE: MOTION CARRIES .............
A(1). River 2000 Study: The City of Eagle has been invited to participate in the funding of
a study regarding Eagle Island. The contribution would be no more than $2,000.00. (RY)
Mayor introduces the issue.
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Gary Spackman discusses the Memorandum of Understanding, Boise River 2000 and the
need for the study regarding Eagle Island. General discussion. Scope of work is provided for
distribution to Council. General discussion.
General overall discussion of the South Channel and the high flows this year and the
possible problems that could arise.
Merrill I move that we approve up to $2,000. Seconded by Bastian. Discussion. Merrill
withdraws her motion, Second withdrawn.
Merrill I move that we continue to the next meeting so attorney and council can have
the opportunity to review the scope of work. Seconded by Masner. ALL AYE: MOTION
CARRIES ............
B. *Hormaechea Application will be submitting an application to be placed on the
City Water System. (MM)
Mike Hormaechea, discusses the water issue and provides a letter to Council requesting that they
be included in the municipal water system. General discussion.
Masner moves that we accept the request by the Hormaechea Family to join the Eagle City
Water system and to direct the City Engineer to prepare a map of the municipal water
service territory as soon as possible. Seconded by Bastian. Discussion. Bastian moves that
we include the Hormaechea property within the City water service area if there is a source
of water from the Crandlemire well to service that area. Seconded by Masner. THREE
AYES: ONE NAY: MOTION CARRIES ..........
Chuck Jeeters. Discusses the water issue in Echo Creek and wants some assurance that they have
water.
C. *Lexineton Hills: Discussion of water serviceability and Final Plat processing for
Lexington Hills Final Plat #7, 8, 9, 10, 11, and 12. (MLB)
Mayor introduces the issue.
Butler discusses the letter of serviceability.
Legal Counsel discusses what needs to be done by Council. That there is expected water
serviceability from the municipal system to Lexington Hills. Discusses the letter of water
serviceability.
Dave Roylance, Owner and Developer of Lexington Hills. Distributes a letter to Council.
Discusses the issue of water and approval of the plats. General discussion.
Masner moves that we direct the City Engineer to write a letter referred to as Eagle City
Water Service Project 022497EG to be known as a Letter of Serviceability. Seconded by
Bastian. THREE AYES: SEDLACEK NAY: MOTION CARRIES .............
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Masner moves that we continue the balance of the Agenda to the next regular meeting and
move into Executive Session. Seconded by Merrill. Discussion. ALL AYE: MOTION
CARRIES .........
D. Final Plat for Lexington Hills Subdivision No. 9 (FP-2-97) - Jean G. Cariaga:
The applicant is requesting final plat approval for Lexington Hills Subdivision No.9,
(35 buildable lots). The 7.95-acre site is located on the northwest corner of Floating
Feather Road and Parkforest Way.. (MLB) Continued to July 8, 1997 meeting.
E. *Final Plat for Lexington Hills Sub. No. 10 (FP-3-97) - Jean Cariaga: The
applicant is requesting final plat approval for Lexington Hills Subdivision No. 10 (27
buildable). The 6.02-acre site is located on the northeast comer of Floating Feather
Road and Sevenoaks Way (MLB) Continued to July 8, 1997 meeting.
F. Population Signs: The Zoning Administrator is requesting Council approval to
replace the four population signs for Eagle City. (MLB) Continued to July 8, 1997
meeting.
G. Population Signs: The Zoning Administrator is requesting Council approval to
replace the four population signs for Eagle City. Continued to July 8, 1997 meeting.
Speed Limit Signs: The Zoning Administrator is requesting Council approval for 25 mph signs
to be installed, by ACHD, within City of Eagle Subdivisions. (MLB) Continued to July 8, 1997
meeting.
Mayor calls for a 5 minute recess at 11:15 p.m.
Mayor reconvenes the meeting at 11:25 p.m.
Masner moves that we go into Executive Session for the purpose of discussing personnel
matters. Roll call vote: BASTIAN: AYE; MASNER: AYE; MERRILL: AYE;
SEDLACEK: AYE: ALL AYE: MOTION CARRIES ..............
A. EXECUTIVE SESSION: Discussion of personnel and legal matters.
Merrill I move that we leave Executive Session. Seconded by Masner. ALL AYE:
MOTION CARRIES .............
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8. ADJOURNMENT:
Masner moves to adjourn. Seconded by Merrill. ALL AYE: MOTION CARRIES ........
Hearing no further business, the Council Meeting adjourned at 12:30 a.m.
Respectfully submitted:
,
EAGLE CITY CLE~
APPROVED:
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