Minutes - 1997 - City Council - 07/08/1997 - RegularORIGINAL
EAGLE CITY COUNCIL MEETING
MINUTES
July 8, 1997
PRECOUNCIL: 6:30 p.m.. - 7:30 p.m.
Eagle Fire Department: Dan Friend discusses Council's desire to possibly have the Fire
Department conduct fire flow tests prior to the City issuing building permits. Discussion of what
has been done in the past. Chief Friend would like the Fire Department to check and certify the
fire flow and approve the location of the fire hydrants before structures are approved. He lists a
number of structures that were allowed to be built prior to water accessibility. The Zoning
Administrator notes that the requirements regarding obtaining letters from the Fire Department is
currently in our standard conditions for preliminary plat approval and any commercial
development. The City simply hadn't been following through in regards to this standard in the
past, but is now addressing the issue.
Mayor and Council's Reports: Merrill gives and update regarding the RFP for Merrill
Community Park. She is also moving towards getting the bridge built in the arboretum. Mayor
Yzaguirre comments he has been approached by some people interested in designing and also
possibly another who would donate the cost for the structure. Merrill also notes that an Eagle
Scout is interested in building a safety fence in the arboretum. She was contacted by Mike
Meade, Ada County Veterans Council, regarding the donation of a Community Center for
Merrill Community Park. Notes the Ada County Sports Park meeting w/the Ada County
Commissioners on July 17th. She gives an update on the Echo Creek Berm. Results from the
Rock Chuck Committee received a bid from Wild Things she would like this bid placed on the
next agenda from consideration. Would like to address the issue of lowering the speed limit on
Hwy 55. Masher had nothing to report. Bastian met with John Evans, Garden City Mayor, a
Garden City Police Department representative, and Mayor Yzaguirre, regarding Garden City
possibly providing the law enforcement service for Eagle. Garden City said they would review
the needs of Eagle, and bring a bid back within a couple weeks. Bastian gives Library report.
There is a chance the proposed library may not provide sufficient space for usage, they are going
to reassess their needs before the next bond election. Gives an overview in the Library's
proposed budget expenses. Sedlacek met with the Senior Citizens. She also met with the
Economic Development Committee, Mayor Yzaguirre spoke with Clair Bowman regarding
providing sidewalk, curb and gutter on widening of Eagle Road. Mr. Bowman would like Eagle
City to approach ITD with this item.
City Clerk/Treasurer's Report: None
City Engineer's Report: Bill Johnson representing Holladay gives a brief report.
City Attorney's Report: None
Mayor Yzaguirre calls a recess.7:35
Mayor Yzaguirre reconvenes the meeting.7:45pm
COUNCIL: 7:30 p.m.
1. CALL TO ORDER:
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2. ROLL CALL: Bastian, Masner, Merrill, Sedlacek. A quorum is present.
3. PLEDGE OF ALLEGIANCE:
4. CONSENT AGENDA:
Bastian moves to remove 4H from the Consent agenda and continue it to the next meeting. Also
remove item 4E to new business item 7E. Seconded by Merrill. Merrill moves to add items, SA,
becoming 4I, items 5B to 4J, 5D to 4K, 5E to 4L. Masner Seconds with the exception of 5A.
Merrill amends her motion to remove item 5A from the Consent Agenda. Masner also wishes to
discuss item SD. Merrill amends her motion to remove item 5D from the Consent Agenda. ALL
AYE. MOTION TO AMEND CARRIES...
Bastian moves to approve the Consent Agenda. Seconded by Masher. ALL AYE. MOTION
CARRIES...
A. Minutes of May 28, 1997
B. Minutes of June 19, 1997
C. Minutes of June 30, 1997
D. Claims Against the City.
E. Moved to New Business 7E
F. Final Plat for Covington Place Sub. No.2: The applicant is requesting final plat approval
for Covington Place Subdivision No. 2, an 11-lot residential subdivision. The 39-acre site is
located on the west side of Park Lane approximately ~A-mile north of Beacon Light Road.
The site is within the Eagle Area of Impact. (MLB)
G. Special Meeting July 15, 1997: The Mayor is requesting Council to schedule a Special
Meeting on July 15, 1997 at 6:00 p.m.
H. Findings of Fact for Modification of Conditional Use Permit for Gravel Crushing and
Hot Plant Operation (CU-11-96/MOD): The Zoning Administrator is requesting Council
approval of the Findings of Fact for the modification of conditional use permit submitted by
Idaho Transportation Department. The site is located on both sides of Hill Rd. in the newly
acquired right of way, approximately ¼-mile west of Horseshoe Bend Rd.(MLB) This item is
to be continued to the duly 15, 1997. ITEM CONTINUED TO THE NEXT MEETING.
NOT USED
S~eed Limit Siens: The Zoning Administrator is requesting Council approval for 25 mph
signs to be installed, by ACHD, within City of Eagle Subdivisions. Continued from the June
24, 1997 Council meeting. (MLB)
NOT USED
Resolution 97-8: .Request to modify APA articles of agreement, must be adopted by
resolution. Continued from the June 24, 1997 Council meeting. (SKS)
UNFINISHED BUSINESS:
A. Population Signs: The Zoning Administrator is requesting Council approval to replace the
four population signs for Eagle City. Continued.from the dune 24, 1997 Council meeting.
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(MLB)
Mayor introduces the issue
Discussion between Council and Zoning Administrator.
Masner moves to approve the sign with the city seal. Seconded by Merrill. Discussion.
Would like a price obtained for a larger sign (24x36) and this cost brought back to
Council. Masner amends his motion to reflect this request. Seconded by Merrill. ALL
AYE. MOTION TO AMEND CARRIES .... ALL AYE to the original motion.
MOTION CARRIES...
C. 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. Continued
from the June 24, 1997 Council meeting. (SKS)
Mayor introduces the issue.
Merrill: I move, pursuant to Idaho Code, Section 50-902, that the rule requiring
ordinance to be read on three (3) different days with one (1) reading to be in full be
dispensed with, and that Ordinance No. 297 be considered after being read once by title
only. Seconded by Bastian.. ALL AYE. MOTION CARRIES...
Merrill moves to approve Ordinance No. 297, an Ordinance of the City of Eagle, Ada
County, Idaho repealing existing Title 3, Chapter 4, of the Eagle City Code, and adding
a new Title 3, Chapter 4 providing for licensing and registration of vendors, solicitors,
and temporary merchants, and other matters relating thereto, and providing an
effective date. Seconded by Bastian. General Discussion. Bastian in Section 3-4-2
Definitions we have a mention of a Meter Monitor. Moves to strike meter monitor and
put the and after fireman. Seconded by Merrill. Discussion. Bastian withdraws the
motion. Bastian, moves to change item 3-4-4B, the sentence to read to include "NO
PEDDLERS or other words to such effect, at each entry of said premise". Item 3-4-6K
moves to strike "and a Boise City eating and drinking license": Item 3-4-11B moves to
change the hours to read "at 9:00am and sunset" strike out one hour after. Seconded
by Masner. ALL AYE. MOTION TO AMEND CARRIES... SEDLACEK AYE:
BASTIAN: AYE: MASNER: AYE: MERRILL: AYE MOTION CARRIES 4-0.
D. 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 $2000.00. Continued
from the June 24, 1997 Council meeting. (RY)
Mayor introduces the issue.
Masner expresses his concern regarding who will benefit from this study. Mayor Yzaguirre
introduces Jim Rotan to provide information.
Jim Roten, 807 West South. Channel Rd, Eagle explains how his property has been affected
by the river flows of the South Channel. Gives a list of the participants in the study. He
encourages Eagle to participate in the funding of this project.
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Masner moves to approve this item. Seconded by Sedlacek. ALL AYE. MOTION
CARRIES...
ACHD Capital Investment Advisory Committee: The Mayor is requesting Council's
confirmation of Bert Bradley's appointment to the Capital Investment Advisory Committee.
(RY)
Mayor introduces the issue.
Bastian moves to appoint Bert Bradley to the Capital Investment Advisory Committee.
Seconded by Merrill. Discussion. ALL AYE. MOTION CARRIES...
PUBLIC HEARINGS:
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. Continued from the June 24,
1997 Council meeting. (MLB)
The Zoning Administrator notifies Council the applicant has withdrawn this
application. Butler also notes that items 6B, and 6C should actually be addressed under
unfinished business, as they were continued from the June 24th Council meeting.
UNFINISHED BUSINESS.
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. Continued from the June 24, 1997 Council meeting. (MLB)
Mayor introduces the issue.
Zoning Administrator gives a brief overview of this application. Recommends that if the
city chose to approves the plat, he suggests the city require a hold harmless agreement so
that the developer does not come back on the city if water is delayed for a significant period
of time or if for some reason water does not get to the project. Butler comments that the City
Attorney has created an indemnification and hold harmless agreement, and hands copies of
this document to Council. Legal Council notes that the document has been executed by the
developer.
Bill Freeman 1445 N. Orchard Boise, DEQ office, gives a brief history regarding his
involvement of this issue. If someone wants DEQ to approve a water system, he will need a
letter from the City Engineer certifying that they have capacity for it. This is consistent with
his past actions. Until there is an assured supply of water he will not approve it.
Merrill wants to know if the items listed in a Holladay Engineering letter have been
addressed by the developer. Butler comments that its policy not to sign the final plat until all
items have been addressed to the satisfaction of the Engineer and City.
Dennis Whitmore, 5606 Plymouth St. Boise, Secretary of Lexington Hills Inc. addresses
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questions presented by Council regarding certain lots which were restricted to single level
homes only.
Duane Stickel, 200 Park Way Dr. Boise comments regarding restrictions on the buildings of
two story buildings.
General Discussion regarding verification of restrictions on two story homes being built on
some of the lots.
Dave Roylance, 4619 Emerald Boise addresses the DEQ letter, and his rebuttal to it. He
hasn't had a chance to meet with DEQ yet. He would like Council to approve the item
regardless of DEQ's stance.
Masner moves to approve the final plat under the terms of the indemnification and that
the final plat be withheld until other items/conditions have been addressed. Seconded
by Bastian. Discussion. TWO AYE. TWO NAY. MAYOR AYE. MOTION
CARRIES...
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. Continued from the June 24, 1997 Council meeting.(MLB)
Mayor Yzaguirre introduces the item.
Butler gives briefly discusses the issue. If Council feels the water issue has been addressed
he recommends approval with the conditions recommended by the engineer, except for item
2A which has been approved during the PUD process.
Masner moves to approve the final plat under the terms of the indemnification and that
the final plat be withheld until other items/conditions have been addressed. Seconded
by Bastian. TWO AYE. TWO NAY. MAYOR AYE. MOTION CARRIES...
7. NEW BUSINESS:
97-16-PDR GD Lands Combined Preliminary/Final Plat: Julie Gorrell, with GD Lands
LLC, is requesting combined preliminary and final plat approval for GD Lands Subdivision.
The site is approximately 22.47 acres, consists of four residential lots, and is located on the
east side of Linder Road approximately 350 feet south of Beacon Light Road. This
subdivision is located in the Eagle Area of Impact. (MLB)
Mayor Yzaguirre introduces the issue.
Betsy Dudley, 9815 Hwy 44, Star gives a brief overview of this application.
Zoning Administrator gives his report.
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Merrill moves to approve 97-16-PDR GD Lands Combined Preliminary/Final Plat w/
staff site specific and standard conditions. Seconded by Bastian. ALL AYE. MOTION
CARRIES...
Deannexation of Boise City Property: The Mayor is requesting Council to discuss the
procedures and timeline needed regarding the deannexation of Boise City property located
on Eagle Island. (RY)
Mayor Yzaguirre introduces the issue. He addresses Legal Council on what steps the city
must go through to de-annex the property. Legal Council gives an overview of the steps
which must be taken. Needs to be passed by ordinance, and as with all ordinances it must be
published in the official city newspaper.
Sedlacek reads into the record a letter dated July 8, 1997 from the Eagle Sewer District.
General discussion between Council members regarding Resolution 97-9, and the de-
annexation.
Merrill notes of her possible conflict of interest. Discusses legal requirements. At this time
they am restructuring their business so that she will no longer have any holdings in the land
development, but will solely be in the egg business in Emmett. Asks for Legal Councils
comments and opinion. Legal councils notes that Councilmember Merrill has satisfied Idaho
State code by making her possible conflict know. Masher comments on the issue. Merrill
declares her conflict of interest as required by state law, and will not recuse herself from the
voting process regarding this item.
Sedlacek notes her employment with Eagle Sewer, and that she has consulted the city
attorney and she must recuse herself from the voting process, but will participate in the
discussion portion.
Dennis Baker, 250 S. Beechwood Boise, is willing to answer any questions and
acknowledges the interest in this item by the Eagle Sewer District as well as Eagle City. He
comments on his negotiations with Boise City, and expresses his wish to move this item
along. Question and answer exchange between Mr. Baker and Councilmembers
General Discussion between Council.
Lynn Moser, 398 Pebble Beach Way, Eagle. Responding to what Boise's possible intent for
use of the deannexed property may be. Discussion between Mr. Moser and Council.
Masner moves to table this issue until the July 22nd Council meeting. Instructs the city
attorney to move ahead on a plan for deannexation, and to include in the agreement the
condition that the deannexed land remain low density residential. Seconded Bastian.
Discussion. Bastian moves to amend the motion to remove language concerning the
future use of the property, also would like the Attorney to draft a letter to the City of
Boise requesting response from them as to if we deannex what restrictions will would
be placed on the property in regards to land nsc. Seconded by Masner. THREE AYE.
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SEDLACEK ABSTAINS. MOTION TO AMEND CARRIES... BASTIAN AYE,
MASNER AYE, MERRILL AYE, SEDLACEK ABSTAINS. MOTION CARRIES...
Bastian moves the city attorney draft a letter for the mayors signature requesting a
response from the City of Boise as to their intended land use category for the property
to be deannexed, with the understanding that the city of Eagle would like that land to
be either Agricultural or Residential with no application of affluent on it. Seconded by
Merrill. ALL AYE. SEDLACEK ABSTAINS. MOTION CARRIES...
Mayor calls for a 5 minute recess.
Mayor Yzaguirre reconvenes the meeting at 10:1 Opm
*Lexington Hills Water Supply: The Mayor is requesting Council to discuss how to
address the water supply situation in Lexington Hills
Mayor Yzaguirre introduces the issue.
Dave Roylance, 4619 Emerald Boise, gives an overview of the crucial need of water for
this development. At this time he feels there are two viable options one with United Water
with a connect with the Crandellmeir well and one with Eagle Water. Mr. Roylance realizes
his need of council approval regarding these option. Discussion between Mr. Roylance and
Council.
Kathy Shiflet, 8248 W. Victory Rd. Boise, representing EM2. Distributes notes to Council.
Notes that what Mr. Roylance called the Crandelmeir well, she calls the as the Floating
Feather well. She gives an overview of her proposal. Discussion between Shiflet and
Council.
Robert DeShasio, 846 Eagle Rd., representing Eagle Water company. Gives an overview of
Eagle Water and its options.
Sedlacek coveys a conversation with Eleanor Chase, regarding an easement in front of her
property if United Water lays a water line. General discussion between Councilmembers,
Ms. Shiflet, and Mr. Roylance.
Masner moves to support the United Water solution to this problem. Seconded by
Bastian. Discussion. THREE AYE. ONE NAY. MOTION PASSES...
D. *Resolution 97-10: The City Attorney is requesting Council approval of a resolution
providing the City's reimbursement for the Library/City Hall land purchase. (JM)
Mayor introduces the issue
Attorney gives comment regarding the legal reason for the passage of this resolution.
Bastian moves to approve Resolution 97-10, and authorizing the Mayor to sign this
resolution. Seconded by Masher. ALL AYE. MOTION CARRIES...
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Open Access Agreement: The Library Board is requesting Council approval of the
Southwest Idaho Public Libraries Open Access Project. (ST)
Mayor introduces the issue.
Bastian provides an overview of this agreement.
Bastian to approve the Open Access Agreement and the $250.00 fee. Seconded by
Merrill. ALL AYE. MOTION CARRIES...
Zoning Administrator's Report:
Suggests that Council may wish to attend the public workshops regarding the proposed
Comp. Plan amendments. Council requests the meetings be noticed as Special Council
meetings with the notation that a quorum may not be present. Butler also gives a general
overview of the proposed Comp plan at this time.
F. EXECUTIVE SESSION: Discussion of Personnel and Legal Matters.
Merrill moves to go into Executive Session to discuss possible litigation and personal
matters, and Butler, is asked to stay.. Seconded by Masner. Sedlacek-AYE, Bastian
AYE, Masher AYE, Merrill AYE. MOTION CARRIES...
ADJOURNMENT:
Moves to adjourn. Seconded by
CARRIES ........
· ALL AYE: MOTION
Hearing no further business, the Council Meeting adjourned at P.m.
Respectfully submitted:
SHARON K. SM]~TH
EAGLE CITY CLERK
APPROVED.
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