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Minutes - 1997 - City Council - 07/22/1997 - RegularORIGINAL EAGLE CITY COUNCIL MEETING MINUTES July 22, 1997 PRECOUNCIL: 6:00 p.m.. - 7:30 p.m. 1. Sheriff's Monthly Report.: Lt. Woodcook provides Council with monthly report. Ron Love will no longer we an officer for the City of Eagle. The new officer will be in to meet the Mayor. Discussion on Eagle Days. 2. Council member Merrill would like to discuss having Homeowner Representative Reports regularly on the Pre-Council agenda. Merrill discusses sending the Homeowner Representatives copies of the meeting agenda and scheduling a place for them on the Precouncil as a regular item. Mayor and Council agree. 3. Mayor and Council's Reports: Merrill discusses bridge in the Arboretum as a community service project. Discusses work that LDS community service groups did in the City last Saturday. Discusses meeting with Barry Marcus. Discusses Historical Society. Morgan discusses the meeting with the pathway group, Regional Pathway, on the historical bridge. Morgan reports on the APA meeting. Mayor discusses the APA's consent agenda. Mayor discusses Redwood Creek pathway. Sedlacek repons on the Economic Development Committee. Mayor reports on a meeting with the Postal Service on building a new post office in Eagle. Sedlacek discusses the Contract with United Water and has provided the Mayor and Council with a Memo in regards to same. Bill Johnson, Holladay Engineering, discusses how the meter works in regard to the fire flow. Morgan will discuss the issues with Lynne. Lyune is requesting the answers in writing. Legal counsel to respond in writing to Sedlacek's Memo. 4. City Clerk/Treasurer's Report: 5. Zoning Administrator's Report: Discussion on North/South connecting road with the Alternate Route that was discussed in the last joint meeting with P&Z. Butler would like Council approval to write a letter to ACHD in regards to this road. Butler to draft a letter stating his position and not Council's position. Discussion on pruning of trees in front of Dan Friends property. Will come back to Council with a Park's Committee Ordinance. Provides Council a report on the workshops for the Annexation and the Comp Plan. 6. City Engineer's Report: Bill Johnson provides Council with a written City Engineer's Report. Discussion on the Eagle City Water System. Chuck Jetters states there are no more complaints about the domestic water pressure. 7. City Attorney's Report: Mayor calls a recess at 7:35 p.m. Mayor reconvenes the meeting at 7:40 p.m. COUNCIL: 7:30 p.m. 1. CALL TO ORDER: 2. ROLL CALL: Bastian, Masner, Merrill, Sedlacek. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Mayor: There has been a request to reconsider an item relating to the Albertson's Fuel Island. General discussion. Bastian moves to add the item under Unfinished Business as Item A. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ...... 4. CONSENT AGENDA: Merrill moves to remove Item 4C from the Consent Agenda and to approve the Consent Agenda. Seconded by Masner. ALL AYE: MOTION CARRIES ...... Merrill moves that the Minutes of July 15, 1997, be changed to read: Top of Page 2 of 4 underneath Merrill notes but does not believe that it will interfere with her judgment - she also stated because the application is for rezone for purposes of placing a fuel island and not for groceries. Seconded by Masner. ALL AYE: MOTION CARRIES ............. B. C. D. E. Minutes of July 8, 1997 Minutes of July 14, 1997 Minutes of July 15, 1997 Claims Against the City. Alternate APA Board Member Appointment: The Mayor is requesting Council to confirm Nancy Merrill as the alternate APA Board Member. 5. UNFINISHED BUSINESS: A. Albertson's Fuel Island: Butler reviews the issue for Council. Bill Webster, Edge Development has provided Council with a written statement. Sedlacek moves that the matter be opened for reconsideration. Seconded by Merrill. TWO AYE: ONE NAY: ONE ABSTAIN: MOTION CARRIES ......... Chord Christenson, Albertson's. States the reasons why Albertson's wants a reconsideration. Albertson's has new facts and figures that they would like to present to Council. States that there would be no difference in traffic count regardless of whether only gas was sold or other items as well. Provides Council with a category list of items that Albertson's would like to sell. General discussion among the Council. Merrill provides slides of a 300' store with similar items that Albertson's is proposing. General discussion among Council. Christenson further discusses the gas island, the items that are proposing to be sold, the difference between this store and a convenience store and items that would not be sold. Butler discusses Albertson's and the trees that are being saved. General discussion. Bob Banks, 1542 N. Parkforest Way, Eagle, Albertson's. Discusses the Fuel Island, Albertson's parking and the items to be sold at the fuel island. General discussion. Sedlacek moves that Eagle City Council approve the rezone from A to C2 with a Development Agreement with a condition that the maximum size of the kiosk building, convenience store, shall be 400 sq.ft., that no retail sales occur outsides, no storage occur outside, no display of merchandise outside the building, that the items that would be sold are the items shown on the category list submitted into the record, that conditions 2.1, 2.2, 2.3, 2.4, 2.5, 2.6 are part of the condition of approval and a part of the Development Agreement. Seconded by Bastian. ALL AYE: MOTION CARRIES ....... Mayor calls for a recess at 8:35 p.m. Mayor reconvenes the meeting at 8:40 p.m. B. 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. This item was continued from the July 8, 1997 meeting. Mayor introduces the issue. Sedlacek provides the Council with an update from the Sewer District. Council and Mayor agree that this matter should be continued until such time that the Sewer District has a contract. Masner moves that the Council table the deannexation request of the Boise City property until the August 12, 1997. Seconded by Merrill. ALL AYE: MOTION CARRIES ............. C. Strategic Annual Goals: The Mayor is requesting Council to review and update the SAGs for the 1997-1998 Budget. This item was continued from the July 8, 1997 meeting. Mayor introduces the issue and suggests having a budget workshop on Tuesday, July 29, 1997, at 6:30. Bastian moves that we continue the Strategic Annual Goals item to the Tuesday, July 29, 1997 meeting. Seconded by Merrill. ALL AYE: MOTION CARRIES ............. D. Appointment of Design Review Board Member: The Mayor is requesting Council approval of this recommendation for the vacant Design Review position. This item was continued from the duly 15, 1997 meeting Merrill moves to have Item D and Item E moved to Executive Session. Seconded by Sedlacek. THREE AYES: ONE NAY: MOTION CARRIES ........... E. Review of the Design Review Board: The Council has requested the City Attorney research restructuring the Design Review Board and their procedures. This item was continued from the duly 15, 1997 meeting. To be heard in Executive Session. 6. PUBLIC HEARINGS: A. CU-3-97 - Gravel Extraction Operation - Ed Hendershot: 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 Eagle Rd., abutting Island Woods Subdivision on the west and the North Channel of the Boise River on the north. (MLB) This item should be continued until August 12, 1997. The applicant has not submitted the required environmental assessment plan. (MLB) Butler reviews the issue of why this item should be continued. Merrill feels this matter should be heard tonight and not continued. General discussion. Merrill moves that this item should be heard tonight. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ........... Butler states that Public Hearing is open and there are people who are signed up to speak. Sedlacek has had ex parte contact with Mr. Hendershot in regards to sewer issues. Ed Hendershot. Requesting for a conditional use permit. Provides Council with a site plan and an photo of the property and discusses the same. Displays slides of the site for the Council and discusses same. General discussion. Sylvin Williamson, Behind the subdivision, he can go across the empty lots and get on the roadway without going across my land. No big deal for him to go down my road right now. Williamson and Hendershot discuss the County Road, Island Wood Drive. General discussion. Butler discusses the issue and the possible need for a variance. Legal Counsel discusses the need for a variance. Sylvin Williamson. States that there is a dike. Charles Roberts, 358 E. Trailside Drive. A couple of weeks ago we were here objecting to heavy truck traffic in Island Wood Subdivision. That has not changed. Since that time a couple of other things have come up that you need to consider. I have spoken with Mr. Hendershot. Major concern is 2 year time line stated by Butler. Other concern is time of operation and the need for a culvert. Would not object to an alternate route. Mayor asks if there is anyone else wishes to testify. Butler provides Council with the letters received. Most letters object to trucks going through Island Woods. General discussion. Dennis Baker. Discusses the Williamson Road and Island Woods Drive. General discussion. Butler informs Council that it is the opinion of Legal Council and himself that a variance is not required. Charles Roberts. Discusses the use of the Island Woods Drive as to farm operations. Mayor closes the Public Hearing. General discussion among the Council and Hendershot. Butler provides Council with the Site Specific Conditions that were recommended from Staff. General discussion. Sylvin Williamson. Would like to see that Hendershot could go either way. Merrill moves that we approve CU-3-97 Ed Hendershot with these requirements: No truck traffic through Island Wood, it is restricted to Williamson Road, that trucks water to eliminate the dust, that the hours be limited to regular business hours of 7:00 a.m. to 7:00 p.m., excluding week-ends and holidays; that we limit the extraction to a two month time frame; that we accept Staff recommendations minus Site Specific Condition of Approval #6 which states that no material shall be removed from the site, that we eliminate that one; we require Mr. Hendershot to have approval by the City Engineer on the environmental assessment and that he acquire all other permits and approvals for developing in the floodway zone, and all other Standard Conditions of Approval. Seconded by Masner. General discussion. Merrill I would amend my motion to include that there will be no crushing on site. General discussion. Merrill would also include Planning and Zoning Recommendations in the Motion. Masner seconds the amendments to the motion. Bastian moves that on Site Specific Condition of Approval No. 1 that we strike 2 years and make that one year. Seconded by Masner. ALL AYE: MOTION CARRIES ...... ALL AYE ON ORIGINAL MOTION AS AMENDED: MOTION CARRIES .......... General discussion. B. PP-1-97 Preliminary Plat for Gleneagles Commercial Subdivision: Edge Development, represented by Briggs Engineering, is requesting preliminary plat approval for a 5.14-acre, 5- lot (3-buildable) commercial subdivision located on the east side of Eagle Road approximately 600-feet south of State Street at 174 South Eagle Road (temp. address). (MLB) Mayor introduces the issue. Sedlacek has had ex parte contact in relation to her job at the Sewer District. No Member of Council has a conflict of interest. Van Elg, Briggs Engineering. Displays a site plan and discusses the same. Butler provides an overview of the Staff Report and displays an overlay of the site plan and discusses the same. General discussion. Mayor opens the Public Hearing. No one has signed up and no one in the audience wishes to speak. Butler has received no written statements. General discussion among Council and applicant. Mayor closes the Public Hearing. Bastian moves that we approve PP-1-97 Gleneagles Subdivision with the Site Specific Conditions of Approval recommended by Staff with an exception in condition #1, where it says with an 15' to 18' wide easement, I would like to insert the words within an approximate 15' to 18' foot wide. With Standard Conditions of Approval. Seconded by Merrill. ALL AYE: MOTION CARRIES ........... C. ZOA-3-97 - Zoning Ordinance Amendment - City of Eagle: To consider modifying subdivision requirements related to public and private streets. (MLB) Mayor introduces the issue. Butler discusses the proposed ordinance. Mayor opens the Public Hearing. No one is signed up. No one from the audience wishes to testify. No written comments received. General discussion between Butler and Council. Merrill moves that this item be continued to the next meeting. Seconded by Masner. ALL AYE: MOTION CARRIES .......... 7. NEW BUSINESS: A. FP_4_97 . Lexington Hill~ Subdivision Final Plat #11- Van Elg: Lexington Hills, Inc./Edge Development, represented by Van Elg with Briggs Engineering, is requesting final plat approval for a 9.83-acre, l-lot subdivision located at the northeast comer of Lexington Hills Subdivision, approximately V2-mile north of Floating Feather Road abutting existing State Highway 55 on the east. The applicant is also requesting approval of the site plan for a 56-space manufactured home park located within Lexington Hills Subdivision phase #11. (MLB) Mayor introduces the issue. Van Elg, Briggs Engineering. Displays a plm and provides Council with a history of the project and discusses the project. Butler provides an overview of the Staff Report and displays an overlay of the preliminary plat and the final plat and discusses same. Staffrecommends approval of the plat with conditions. General discussion. Bill Johnson, Holladay Engineering. Discusses pressurized irrigation. General discussion between Council, City Engineer, Van Elg and Butler. Chuck Jetters, Echo Creel~Trail Creek Subdivision. Concern is proper screening and water is also a concern. General discussion. Terry Miller, 1420 N. Eagle Creek Way. Has a concern about not completing to loop of the water system and has additional concern about the water pressure. Van Elg and Council discusses irrigation water. Terry Miller. Discusses pressurized irrigation. General discussion on the plat. Bastian moves that we continue the consideration of FP-4-97 Lexington Hills Subdivision Final Plat #11 to the next regular meeting. Seconded by Masher. Discussion. ALL AYE: MOTION CARRIES ............. General discussion on balance of Agenda. Bastian moves that we continue all remaining issues to our next regular meeting except 7C. Seeonded by Merrill. ALL AYE: MOTION CARRIES ................ B. 97-22-PDR - Winder Estates - David H. Cle~,~ David Clegg is requesting preliminary plat and private road approval for Winder Estates Subdivision. The site contains approximately 6.27 acres, consists of 3 residential lots, and is located on the east side of Ballantine Road approximately ¼-mile north of Floating Feather Road. This subdivision is located in the Eagle Area of Impact. Continued to next regular meeting. C. Merrill Park Proposal: Council will choose a firm to provide professional services to develop a master plan, construction document package, and construction administration for the Merrill Community Park Project. (NM) Masher moves that we accept the Land Groups offer to develop the park. Seconded by Bastian. Discussion. Motion fails. Bastian moves to have the Land Group do a feasibility and cost study and also go before the Parks Committee. Merrill seconds. ALL AYE: MOTION CARRIES ............ A. Council Advisory Committee: The Mayor is requesting Council to discuss possibly forming a Council Advisory Committee. (RY) Continued to next regular meeting. B. planning & Zoning Commission Appointment: The Mayor is requesting Council to confirm his recommendation to fill the open Commissioners seat. (RY) Continued to next regular meeting. C. The Council will discuss possibly holding three Council meetings a month. Continued to next regular meeting. D. Discussion of Comprehensive Plan: The Zoning Administrator is requesting Council to discuss the components of the Comprehensive Plan. (MLB) Continued to next regular meeting. ' 8. ADJOURNMENT: Bastian moves to adjourn. Seconded by Masher. ALL AYE: MOTION CARRIES ........ Hearing no further business, the Council Meeting adjourned at 12:30 a.m. Respectfully submitted: SHARON K. SMITH EAGLE CITY CLERK APPROVED: G IRRE MAYOR RIP'GU