Loading...
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: Page I of 9 F:\SHARED\COUNCILhM1NUTES\Temporary Minutes Work Area\July 8, 1997 cc minutes.doc 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. Page 2 of 9 F:\SHARED\COUNCILLMINUTES\Temporary Minutes Work Area~July 8, 1997 cc minutes.doc (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. Page 3 of 9 F:\SHARED\COUNCIL\M1NUTES\Temporary Minutes Work Area\July 8, 1997 cc minutes.doc 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 Page 4 of 9 F:\SHARED\COUNCIL\MINUTES\Temporary Minutes Work Area~luly 8, 1997 cc minutes.doc 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. F:\SHARED\COUNCIL\MINUTES\Temporary Minutes Work Area~July 8, 1997 cc minutes.doc 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. Page 6 of 9 F:\SHARED\COUNCIL\MINUTES\Temporaty Minutes Work Area\July 8, 1997 cc minutes.doc 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... Page 7 of 9 F:\SHARED\COUNCIL\MINUTES\Temporary Minutes Work Area\July 8, 1997 cc minutes.doc 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. F:XSHAREDXCO~CILXM~TESXTempor~ Minutes Work AreaUuly 8, 1997 cc minutes.doc