Minutes - 1997 - City Council - 09/23/1997 - RegularEAGLE CITY COUNCIL MEETING
MINUTES
September 23, 1997
ORIGINAL
PRECOUNCIL: 6:30 pm - 7:30pm
1. Mayor and Council's Reports:
Merrill: Discuss the contract with Wild Things on the removal of rock chucks. Other areas are
reporting problems out of the approved area.
Gary Howard, Wild Things. P~eports on the removal of rock chucks from the approved area.
Have removed gophers from the Catholic Church, 835 West State, Banbury Subdivision. People
assume from the article in the paper that the City of Eagle was paying for this service for the
entire city. I'm getting calls from citizens asking for service under the City contract. Have
trapped approximately 500 rock chucks. I'm concerned about the calls I will be getting and
trying to explain to citizens who call that I was just servicing a test area and can not service their
area.
Merrill: Discusses the feelings of the other citizens of Eagle, they feel that their tax dollars went
for the service in the approved area and they should have the same right to the service. General
discussion.
Masner: Recommends that the City ask the citizens through an Initiative at the next election if
they want tax dollars to pay for this service. General discussion.
Sedlacek: I feel that we should just stop it and explain that this was a test area.
Mayor: I feel that we approved a certain amount and that should be the cut off.
General discussion on a future contract for service to the entire City.
Merrill: Received a petition from the citizens at Island Woods requesting the City to contact
ITD in regards to a turn lane. Reports on the Historical Commission. Bridge in Arboretum was
supposed to start this week and will be finished this fall. Echo Berm fence is done. Meeting on
the Park to discuss the Letter of Intent.
General discussion on the landscaping for thc highway side of the Echo Creek Berm. Council to
be getting a proposal for the City to maintain the landscaping that is proposed to be put in.
General discussion on the trees at Albertson's. Contact the schools to see if they would like to
have the trees. The deadline is this week. Sedlacck to call the School District. 20-23 trees are
available at a cost of $100-$150 per tree to move. Discussion on storing the trees. Check with a
nursery to see if one would take the trees on a credit to the City for the City to redeem when the
Merrill Park is done. Sedlacek to call Albertson's about putting the trees on the property they
are giving to the City. Butler suggests the land the City bought for the Library. General
discussion.
Masner: Reports on the last APA meeting. He was asked to chair a committee on bike paths for
Ada County. Attended and spoke at a Rotary meeting. Eagle and Garden City have a new
Rotary Club that has formed for the two cities.
Bastian: Meeting with Garden City Mayor and City Council on Friday, September 26, 8:00 -
1:00.
Sedlacek: Only report is on the sign and that will come up later in the regular meeting.
Masner reports on the argument before the Supreme Court on the Brighten lawsuit.
2. City Clerk/Treasurer's Report: No. report.
3. Zoning Administrator's Report: Ada County/Eagle City Joint Agreement for Building
Inspector. Butler: I'm going to be out of town the rest of this week. Reports on a meeting
with ACHD on a North/South connecting road between Floating Feather and Beacon Light.
General discussion. Met with people on Dickie Drive who arc complaining about the gravel
pit. General discussion. Discussion on the Bank Club parking. Suggests having the street be
one way traffic which would provide more parking on the street. General discussion. Butler
to continue working on this idea. Discussion about the parking by the Hotel.
4. City Engineer's Report: No report.
5. City Attorney's Report: Comment on the speed limit on Highway 55. To be later in the
meeting.
Mayor calls a recess at 7:30 p.m.
Mayor reconvenes meeting at 7:40 p.m.
COUNCIL: 7:40 p.m.
1. CALL TO ORDER:
2. ROLL CALL: Bastian, Masner, Merrill, Sedlacek. A quorum is present.
3. PLEDGE OF ALLEGIANCE:
4. CONSENT AGENDA:
Masner: I move the we add Item's 7B, 7C and 7E to the Consent Agenda. Seconded by
Merrill. ALL AYE: MOTION CARRIES ..........
· Consent Agenda items are considered to be routine and are acted on with one motion.
There will be no separate discussion on these items unless the Mayor, a Councilmember,
member of City Staff, or a citizen requests an item to be removed from the Consent
Agenda for discussion. Items removed from the Consent Agenda will be placed on the
Regular Agenda in a sequence determined by the Rules of Order.
· Any item on the Consent Agenda which contains written Conditions of Approval from
the City of Eagle City Staff, Planning & Zoning Commission, or Design Review Board
shall be adopted as part of the City Council's Consent Agenda approval motion unless
specifically stated otherwise.
A. Minutes of September 9, 1997
B. Minutes of September 16, 1997
C. The Rim at Lexington - Final Plat -Ro¥1ance & Associates: Lexington Hills,
Inc., represented by Roylance & Associates, is requesting final plat approval
for The Rim at Lexington, a 21.2-acre residential subdivision with 24
buildable lots. The site is located approximately ½-mile north and 600-feet
east of the intersection of Floating Feather Road and Edgewood Lane,
adjoining Lexington Hills Subdivision. (MLB)
D. Claims Against the City
E. Parks Committee Duties delegated to Design Review Board: The Zoning
Administrator is requesting Council to designate duties of the Parks Committee to
the Design Review Board as allowed in Ordinance 300 "Parks Committee".
(MLB)
F. The Zoning Administrator is requesting Council to approve the use of Second
Street for construction traffic and commercial delivery vehicles while Plaza
Avenue is under construction. The temporary construction dates will be from
September 23, 1997 through November 11, 1997. The residents on Second Street
will be notified by mail. (MLB)
G. Item 7B. BFI - Waste Collection Service License: The City Clerk is
requesting Council approval of the Waste Collection Service License application
submitted by BFI. (SKS)
H. Item 7C. Merrill Park Committee Appointments: Mayor Yzaguirre is
requesting Council to confirm his appointments to the Merrill Park Committee.
(RY)
I. Item 7E. Eagle City/Ada County Joint Powers Agreement for Prosecution
Services: The City Clerk is requesting Council approval of the Eagle City/Ada
County Joint Powers Agreement for Prosecution Services. (SKS)
Masner moves to approve the Consent Agenda. Seconded by Bastian. Discussion. Merrill
would like to have Item C and F removed from the Consent Agenda. Sedlacek would like
to have Item A removed from the Consent Agenda. ROLL CALL VOTE FOR
APPROVAL OF THE CONSENT AGENDA: BASTIAN: AYE; MASNER: AYE;
MERRILL: AYE; SEDLACEK: AYE; ALL AYE: MOTION CARRIES ...........
Consent Agenda Item A. Minutes of September 9, 1997. Sedlacek: Correction on Page 7.
Sedlacek voted against the Mayor sending a letter to the PUC.
Sedlacek moves that we approve the minutes of September 9, 1997, with the corrections.
Seconded by Merrill. ALL AYE: MOTION CARRIES .............
Consent Agenda Item C. The Rim at Lexington - Final Plat -Ro¥1ance & Associates:
Lexington Hills, Inc., represented by Roylance & Associates, is requesting final plat
approval for The Rim at Lexington, a 21.2-acre residential subdivision with 24 buildable
lots. The site is located approximately 1/a-mile north and 600-feet east of the intersection of
Floating Feather Road and Edgewood Lane, adjoining Lexington Hills Subdivision. (MLB)
Mayor introduces the issue
Bastian has a question on the distance from the rim and that the houses be one story.
Dave Roylance, Representing Lexington Hills. That is addressed in Note 10 on the Final Plat,
proceeds to read the note.
Merrill: Has a question about the CC&R'S. City Attorney states that they were amended and
have been reviewed and should not hold this up.
Merrill: Item 3, Holladay Engineer Report that is talking about certificates for irrigation water
shares. Dave Roylance states that they have them and they are in the Deed of Conveyance. That
deed was provided to the City as part of the whole package. General discussion. Butler states
that if you approve it should be approved with Staff Conditions and the Engineer will not sign
until those conditions are taken care of.
Masner moves that we approve Item 4.C on the Consent Agenda with the Standard
Conditions and the conditions of the planner and the engineer and the map being marked
common lot 18. Seconded by Bastian. ALL AYE: MOTION CARRIES ............
Consent Agenda Item 4F. The Zoning Administrator is requesting Council to approve the
use of Second Street for construction traffic and commercial delivery vehicles while Plaza
Avenue is under construction. The temporary construction dates will be from September
23, 1997 through November 11, 1997. The residents on Second Street will be notified by
mail. (MLB)
Mayor introduces the issue.
Merrill: I have a real problem with this. We limited truck traffic on this street for the protection
of the elderly citizens. The truck traffic has other routes that can be used.
General Council discussion. Mayor would like the Zoning Administrator to contact the people
that this would affect. Council feels that this issue should be continued for public input.
Bastian moves that we continue item 4F to the next meeting on September 30, 1997.
Seconded by Masher. ALL AYE: MOTION CARRIES ...........
5. OLD BUSINESS: None
6. PUBLIC HEARINGS:
A. CPA-l-97 - Comprehensive Plan Amendment Mark Guho: Mark Guho is requesting a
Comprehensive Plan Amendment from medium density residential (4 or fewer units per acre) to
commercial. The site is located on the northeast comer of Cobblestone Lane and State Street
approximately ¼ mile west of Eagle Road. The address of the site is 450 W. State Street. (MLB)
Mayor introduces the issue.
Dave Roylance, 391 W. State, Eagle, Idaho. We were asked to continue this so the comp plan
could be reviewed and the sewer issue resolved. We are now requesting that this go forward.
Reviews the issues for the Council.
Mayor would like legal opinion if the Council can hear both together.
Legal Council sees no problem·
Masner moves that we hear both items CPA-l-97 and RZ-2-97 at the same time. Seconded
by Bastian. ALL AYE: MOTION CARRIES .............
Zoning Administrator: Displays an overlay of the site and the area around it. Provides an
overview of the StaffReport. P&Z recommended approval of the Comp Plan amendment.
General discussion between Council and Zoning Administrator.
Mayor opens the Public Hearing.
No one is signed up to speak. Mayor asks is anyone from the audience would like to speak.
George Transtrum, 550 W. State, Eagle, Idaho. Has concerns about the ACHD road that is
going in. Has a private drive and this would turn his yard into a street. Would like some
assurance that he would have some isolation. General discussion.
Mayor closes the Public Hearing.
Dave Roylance, We are working with George to mitigate his concerns. We need something
conceptual to provide to ACHD. Council has a letter from ACHD in reference to the right-of-
way. We are required by ACHD to dedicate our own right-of-way and building within our
development. General discussion. Dave discusses a fence and would like to discuss this with
George. General discussion. Dave states that fencing and landscaping is normal for their
development.
Legal discussion on tabling this issue.
Bastian moves to continue this issue and Item B. RZ-2-97 to the October 14, 1997, City
Council meeting. Seconded by Masner. ALL AYE: MOTION CARRIES ..............
B. RZ-2~97 - Rezone from R-5 to C-2 and L-O - Mark Guho: Mark Guho is requesting a
rezone from R-5 (residential) to C-2 (general business district) and L-O (limited office district).
The property is approximately 430-feet deep. The front 260-feet of the site that fronts State St. is
proposed to be rezoned to C-2 with the remainder of the property to be rezoned to L-O. The site
is located on the northeast comer of Cobblestone Lane and State Street approximately ~A mile
west of Eagle Road. The address of the site is 450 W. State Street. (MLB)
Heard with Item 6A. Continued to October 14, 1997, City Council meeting.
C. Resolution 97-14 - CPA-5-97 - City initiated Comprehensive Plan amendments:
Amendments could include, but are not limited to, adding light industrial/industrial park land
uses, changing commercial along State Street to discourage strip commercial and to encourage
commercial clusters, bringing the Comprehensive Plan land use map designations into
conformance with existing new development and zoning, modifying the mixed use/high density
category on the current Plan, providing for a central business district designation on the Plan, and
providing for a scenic corridor boundary on the plan. See proposed land use maps and
comprehensive plan text at City Hall. (MLB)
Mayor introduces the issue.
Zoning Administrator displays a map and provides a lengthy explanation.
Nancy Taylor, JUB Engineers, discusses the workshops that she facilitated for the City. Had
about 71 comments on the Comp Plan. Most addressed large lot sizes and rural living. Most
wanted to keep Eagle large lots. Very little discussion about the CBD. Some discussion about
Eagle having additional commemial land. Comments on parks and recreation and transportation.
Discussion on light industrial zone. I have all the comments in their entirely and will leave those
with Mark.
Zoning Administrator discusses two things that he left out.
General Council discussion.
Mayor opens the Public Hearing.
Bill Selvage, 1992 Spring Brook Lane. I would like to commend staff for doing these
amendments. The addition of a mixed use zone is a great step forward in land use and tying the
Downtown Plan which was previously done is a positive step. Discusses the comprehensive
map. There are two issue I would like to suggest. 1. The continuation of the green buffer. 2. I
would like to suggest that you continue some transition from the bypass to the next land use.
Discusses the land use text of the comp plan.
Steve Deckers, 2249 Dickie Cimle, representing Evans Homeowners Association and Water
Corporation. We are very impressed with the length the City has gone to in soliciting public
comment and hopes the City continues. Discusses the park space adjacent to his neighborhood.
Hopes the City pursues this and puts it on the Comp Plan. Discusses changing the zoning of this
area from R-1 to PS and I think that this is something that the City should pursue.
John Jantz, 142 E. Clearview. I have property in Eagle, the old Fabco building. Discusses a M-1
designation and wants to know what will happen if it becomes commercial. Would like to see it
stay M-l, there will be M-I across the street. Discusses residential next to the bypass.
Tom Ricks, 101 Park Lane. Clarifies where the High School is on the map. Clarify why the area
is why it is. That was not planned to be that color, it was all supposed to be one color to Linder.
There was a compromise for the designation. I think all the people in the area would like to have
the same designation as the rest of the area. Most people who were opposed to changing the
designation are now gone.
Jim Schook, 325 Park Lane. I agree to what Tom has said and what Council Member Merrill
brought up. The designation around the High School should change.
Nancy Taylor, J-U-B Engineers. The items that these people are discussing around the High
School did come up in comments at the workshops and they are included in the comment sheets
that I have left with Mark.
Mayor closes the Public Hearing.
Zoning Administrator: Discusses green by the Alternate Route, mixed use on south side of the
Alternate Route, arbitrary lines, the flood way and industrial and commercial zoning.
General Council and Zoning Administrator discussion.
Legal Counsel discusses the Local Planning Act in regards to changes in the density. If you
make material changes to what was advertised you need to notice and have a public hearing.
General Council discussion.
Mayor calls for recess at 9:55 p.m.
Mayor reconvenes at 10:05 p.m.
Bastian: I feel it is premature to vote on this tonight. We need to discuss the changes and have
them put in writing. Council needs to discuss the proposed changes around the High School and
come to a consensus on the changes so they can be put in writing.
Bastian: I would like propose several issues to see if there is any conflict among the Council.
One would be the buffer along the North and South side of the Bypass. All of us agree that is a
good change. The other would be the change of the gravel pit area to public use.
Masner: I think we need to look at the new FEMA maps to incorporate into our comp plan.
Bastian: I also suggest improvements in the flood way be counted as open space. Such as
pathways, parks and recreational facilities. General discussion.
Merrill: Change the mixed use to commercial along State Street, I would concur with that.
Bastian: The west side of town should also be a mixed use.
Merrill: Discusses back of Albertson's and Plaza Street. General discussion.
Bastian moves that we continue the Comprehensive Plan Amendments to the October 14,
1997, City Council meeting. Seconded by Masher. Discussion. ALL AYE: MOTION
D. Ordinance 298 - ZOA-5-97 - City Initiated Zoning Ordinance Amendments: To amend
ordinances related to zoning interpretation and definitions to clarify interpretations, provide
additional definitions for uses not shown, and to clarify definitions of uses currently defined; to
amend ordinances related to zoning districts and zoning map to clarify definitions of existing
established districts and to establish new districts, to make zoning designation changes to the
official zoning map incorporation by reference, to add, delete and modify uses within the
schedule of district use regulations, and to modify the schedule of building height and lot area
regulations; to amend ordinances related to performance standards to modify and provide
additional supplemental general provisions and supplemental yard and height regulations. See
proposed zoning maps and zoning text at City Hall. (MLB)
Bastian moves that we continue Ordinance #298 to the September 30, 1997, City Council
meeting. Discussion on Item E. Seconded by Merrill. ALL AYE: MOTION
CARRIES .......
7. NEW BUSINESS:
A. Ordinance 308 - Deannexation of Boise City Property: The City Clerk is requesting
Council approval of an ordinance which will deannex Boise City property from Eagle City
limits. A legal description is located at Eagle City Hall. (RY)
Mayor introduces the issue.
Bastian I move pursuant to Idaho Code, Section 50-902, that the rule requiring ordinances
to be read on three different days with one reading to be in full be dispensed with, and that
Ordinance No. 308 be considered after being read once by title only. Bastian reads the
ordinance by title. Seconded by Merrill. Discussion. ALL AYE: MOTION
Bastian moves that Ordinance #308 be adopted. ROLL CALL VOTE: Bastian: AYE;
Masher: AYE; Merrill: AYE; Sedlacek: AYE: ALL AYE: MOTION CARRIES ............
B. BFI - Waste Collection Service License: The City Clerk is requesting Council approval of
the Waste Collection Service License application submitted by BFI. (SKS)
Moved to the Consent Agenda by Motion.
C. Merrill Park Committee Appointments: Mayor Yzaguirre is requesting Council to
confirm his appointments to the Merrill Park Committee. (RY)
Moved to the Consent Agenda by Motion.
D. Design Review Appointment: Mayor Yzaguirre is requesting Council approval of his
appointment to the Design Review Board. (RY)
Mayor introduces the issue. Mayor's recommendation to the Design Review Commission is
Tom Greco.
Masher moves that we accept the recommendation of Tom Greco to the Design Review
Commission. Seconded by Merrill. Discussion. ALL AYE: MOTION CARRIES ............
Eagle City/Ada County Joint Powers Agreement for Prosecution Services: The City
Clerk is requesting Council approval of the Eagle City/Ada County Joint Powers Agreement
for Prosecution Services. (SKS)
Moved to the Consent Agenda by Motion.
F Appeal of Plannin~ and Zoning Commission decision on DR-7-97 - Promotional
Billboard Sign for Downtown Eagle -Pauline Hinman: Pauline Hinman, representing the
Eagle Chamber of Commerce, is appealing, to Council, the Planning and Zoning Commission
decision to deny a billboard sign to promote downtown Eagle. Thc sign is proposed to be
located on the property at 1871 McGrath Road (property abuts thc south side of the alternate
route), approximately 1000-feet east of the intersection of State Highway 44 (alternate route) and
East State Street (extension of Edgewood Lane).(MLB)
Mayor states that this is on the agenda for the special City Council meeting on September 30,
1997. Applicant requested to have this heard on September 30, 1997.
General discussion.
Bill Selvage. Discusses this issue. This is an important issue to the downtown community.
Discussion on the Downtown Plan.
City Attorney's Report: Legal Counsel reports on the tax issue. The City won on everything
but the Planner which was the smallest piece of the whole package.
Legal Counsel reports on the 55 speed limit. The Legislature did amend the Idaho Code to give
Municipalities the ability to reduce the speed limit on streets that are within the City.
Unfortunately they excluded controlled access highways. But essentially freeways are clearly a
controlled access highway and the new Highway 55 is a controlled access highway so we can not
reduce the speed. Mark is going to find out for such that this is how it was defined when the
funding was made.
Legal Counsel discusses one way streets. ACHD is the local authority with jurisdiction on one
way streets. The City would need to work with ACHD on this issue.
General discussion on the speed limit on new Highway 55.
8. ADJOURNMENT:
Masner moves to adjourn. Seconded by Bastian. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 10:45 p.m.
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