Minutes - 1998 - City Council - 03/10/1998 - RegularEAGLE CITY COUNCIL MEETING
MINUTES
March 10, 1998
OR GINAL
PRE-COUNCIL: 6:30 p.m. - 7:30 p.m.
1. Mayor and Council's Reports: Mayor: Farrin Famworth is going to be the liaison from the
Planning and Zoning Commission and will be at the first of the Pre-Council Agenda.
Famworth discusses an Ada County Transmittal, 98-3-ZC, Rezone Application, recommend that
Staff do whatever is necessary to change the zoning so the County and City are in accord.
General discussion. P&Z recommend that the Sewer District and City Boundaries are the same.
Extensive discussion. Merrill states that when a matter leaves P&Z that more information can
come before the Council and sometimes Council overturns the recommendation of Planning and
Zoning.
Bastian: Discusses the problem he has with the authority given to Design Review and would like
to revisit this. Return the power of review to the City Council by putting approved items on the
Consent Agenda. Not a good policy to have an appointed body have final approval without
review by the City Council. City Council should be responsible for the decisions that are being
made by the City. Policy decision areas should pass by the City Council. Bastian feels that
elected officials should be making the policies for the City. Discussed at length. Mark to look at
changing to Ordinance to place all items on the Consent Agenda for review and approval and that
it is in the packet.
Sedlacek: Discusses proposal on changing the name of State Street to Main Street. Do we want
to hold a public hearing on this issue? Council agrees to have a public hearing on this issue on
April 14. Bill Jarocki can meet with Council in May. Lynne will check and see if he can meet on
May 19t~. Eagle Fun Days report. Schedule square dancing in the City parking lot by Ponderosa
Paint. Discussion on the Carnival for Fun Days.
Bastian: Discussed meeting Mayor and Stan attended at the Meridian School District.
Discussion on Library Board Meeting and the new library. Open house to review progress of
Library on March 14t~ at Wild West.
2. City Clerk/Treasurer's Report: Moved to the end of the meeting
3. Zoning Administrator's Report: Comprehensive Plan Transportation Component. Moved
to the end of the meeting.
4. City Engineer's Report: Moved to the end of the meeting.
5. City Attorney's Report: Moved to the end of the meeting.
Mayor calls a recess at 7:35 p.m.
Mayor reconvenes meeting at 7:40 p.m.
COUNCIL: 7:30 p.m.
1. CALL TO ORDER:
2. ROLL CALL: MERRILL, BASTIAN, SEDLACEK, PRESENT. GUERBER IS ABSENT.
A quorum is present.
3. PLEDGE OF ALLEGIANCE:
Merrill moves to add an item to the Agenda under New Business Al. Discussion of the new
Library and ACItD. Seconded by Bastian. ALL AYE: MOTION CARRIES .........
Men-ill would like to add Item#7D to Consent Agenda. Sedlacek would like to have discussion
on this item. Merrill withdraws having Item #7D added to the Consent Agenda.
4. CONSENT AGENDA:
· 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 Council
Member, 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 February 24, 1998
B. Claims Against the City
C. Preliminary Plat Extension of Time for BanBury Meadows P.U.D - Harvey Hoff:
Harvey Hoff submitted an extension of time application for the preliminary plat for
BanBury Meadows P.U.D. He is requesting a 1-year extension due to the
unavailability of sewer permits. The 291.5-acre PUD consists of 344 lots and is
proposed to be located on the west side of Eagle Rd. approximately ½ mile north of
Chinden Blvd. (MLB) Removed from the Consent Agenda
D. FP-1-98 - Final Plat for Lexington Hills Subdivision No. 11 - Rovlance &
Associates: Lexington Hills Inc., represented by Roylance & Associates, is
requesting finaI plat approval for Lexington Hills Subdivision Phase 11, a 27-1ot (24-
buildable) residential subdivision. The 22.62-acre (approx.) site is located on the
east side of Lexington Hills PUD and on the west side of new State Highway 55,
approximately %-mile north of Floating Feather Road. The site is within the Eagle
City Limits. (MLB) Removed from the Consent Agenda.
E. FP-2-98 - Final Plat for Lexington Hills Subdivision No. 12 - Roylance &
Associates: Lexington Hills Inc., represented by Roylance & Associates, is
requesting f'mM plat approval for Lexington Hills Subdivision Phase 12, a 23-1ot (19-
buildable) residential subdivision. The 12.86-acre (approx.) site is located on the
east side of Lexington Hills PUD and on the west side of new State Highway 55,
approximately ½-mile north of Floating Feather Road. The site is within the Eagle
City Limits. (MLB) Removed from the Consent Agenda.
F. Findines of Fact for Variance Application for East Hills Development, LLC (V-
2-97): The Zoning Administrator is requesting Council approval of the Findings of
Fact Conclusions of Law for the variance application submitted by East Hills
Development, L.L.C. The 50.3-acre, 141-lot proposed residential subdivision is
located on the northwest comer of Floating Feather Road and new State Highway 55.
(MLB)
G. Findings of Fact for Preliminary Plat Application for Lexington Hills East
Subdivision (Formerly Echo Creek Phase 5, 6, & 7): The Zoning Administrator is
requesting Council approval of the Findings of Fact Conclusions of Law for thc
preliminary plat application submitted by East Hills Development, LLC. The site is a
$0.3-acrc, 141-lot residential subdivision located on the northwest corner of Floating
Feather Road and ncw State Highway $$. (MLB)
H. Computer Purchase: The City Clerk is requesting Council to approve the purchase
of a new computer for city staff. (SKS)
I. Interior Painting of City Hall: Thc City Clerk is requesting Council to accept thc
bid placed by FB&B, Clyde Barney, to repaint thc interior of City Hall (SKS)
Sedlacek removes Item # 4C from the Consent Agenda.
Merrill removes Items #4D and #4E from the Consent Agenda.
Merrill moves to approve the Consent Agenda. Seconded by Sedlacek. Bastian: AYE;
Merrill: AYE; Sedlacek: AYE: ALL AYE: MOTION CARRIES...
4C. Preliminary Plat Extension of Time for BanBurv Meadows P.U.D - Harvey Hoff:
Harvey Hoff submitted an extension o£ time application for the preliminary plat for BanBury
Meadows P.U.D. He is requesting a 1-year extension due to the unavailability of sewer permits.
The 291.5-acre PUD consists 0£344 lots and is proposed to be located on the west side of Eagle
Rd. approximately ½ mile north of Chinden Blvd. (MLB) Removed from the Consent Agenda
adequate sewer permits for the project are available.
Mayor introduces the issue.
Sedlacek comments that the reason given for the extension was unavailability of adequate sewer
permits. I talked to Mr. Hoff today and he says that was not exactly how he thought that was
going to show up on this extension. The sewer line itself is not complete. They are coordinating
the work on that sewer line with the road construction project and river crossing. I just want to
clarify that adequate sewer permits for the project are available and if we are going to approve
the extension of time it would be because the sewer line is not complete yet.
General Council discussion.
Sedlacek moves to approve the extension of time for BanBury Meadows P.U.D.
Seconded by Merrill. ALL AYE: MOTION CARRIES ............
4D. FP-1-98 - Final Plat for Lexington Hills Subdivision No. 11 - Ro¥1ance & Associates:
Lexington Hills Inc., represented by Roylance & Associates, is requesting final plat approval for
Lexington Hills Subdivision Phase 11, a 27-1ot (24-buildable) residential subdivision. The 22.62-
acre (approx.) site is located on the east side o£Lexingtun Hills PUD and on the west side of new
State Highway 55, approximately 3/4-mile north of Floating Feather Road. The site is within the
Eagle City Limits. (MLB) Removed from the Consent Agenda.
Mayor introduces the issue.
Merrill: I have no problems with this. I feel uncomfortable with having a final plat on a Consent
Agenda. I think we need to be up front and let the people know that this is the final plat for
Lexington Hills Phase #11. Merrill would like Dave Roylance to explain the new Phase 11.
Dave Roylance, 391 W. State Street, Developer of Lexington Hills. Explains the reason for two
Phase 1 l's.
Bastian moves to approve final Plat for Lexington Hills Subdivision No.ll with the
recommendations of Staff and the Standard Conditions of Approval and any conditions
placed upon the subdivision by Planning & Zoning Commission and this includes Phase 12
as well. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ............
4E. FP-2-98 - Final Plat for Lexington Hills Subdivision No. 12 - Ro¥1ance & Associates:
Lexington Hills Inc., represented by Roylance & Associates, is requesting final plat approval for
Lexington Hills Subdivision Phase 12, a 23-1ot (19-buildable) residential subdivision. The 12.86-
acre (approx.) site is located on thc east side of Lexington Hills PUD and on the west side of new
State Highway 55, approximately ½-mile north of Floating Feather Road. The site is within thc
Eagle City Limits. 0ViLB) Removed from thc Consent Agenda.
Approved in the above Motion for FP-1-98 Final Plat for Lexington Hills Subdivision No.
11.
5. UNFINISHED BUSINESS:
A. Ordinance 311 - City initiated zoning ordinance amendment (ZOA-9-97}: Ordinance of
the City of Eagle, Ada County Idaho, amending Eagle City Code, Title 9 "Subdivisions", Chapter
4, "Required Improvements", Section 1, "Improvements Required", Paragraph 9, "Water Supply
And Sewer Systems".(MLB) This item was continued from the February 24, 1998 meeting and
the public hearing was closed at that time.
Mayor introduces the issue.
Butler: The public hearing was closed and Council wanted more time to look this over. A lot of
this language was taken from the Boise City Code. I could have a representative from the City of
Boise attend a Council meeting to discuss this. I will answer questions if you have some.
Bastian moves to continue the matter to the next meeting and have a representative from
the City of Boise to the meeting to discuss this proposed ordinance. Seconded by Merrill.
Discussion. ALL AYE: MOTION CARRIES .............
B. Illumination Cooperative Agreement: The Mayor is requesting Council to discuss
additional lighting on SH-55 from the junction of SH-44 to Floating Feather Road, and take
action regarding this agreement. (RY)
Mayor introduces the issue. Extensive discussion among Mayor and Council.
Bastian moves to continue to next regular meeting and receive Exhibit "A" and review
same and have advise from Legal Council. Seconded by Merrill. Discussion. Sedlacek
would like to see Section II, Item 6 modified. ALL AYE: MOTION CARRIES ............
6. PUBLIC HEARINGS:
A. ZOA-2-98 City initiated zoning ordinance amendment: The City of Eagle is proposing to
amend Eagle City Code Title 8 "Zoning", Chapter 8 "Area of City Impact", Section 1 to amend
the eastern boundary of the Eagle Area of City Impact to follow the canterline of the new
alignment of State Highway 55 in thc vicinity of Beacon Light Road (see map attached to
proposed Ordinance #317). The amendment represents an Eagle Area of City Impact expansion
of approximately 1.9-acres. (MLB)
Mayor introduces the issue.
Butler: Displays an overhead of a site plan for the area and discusses the same. The Planning and
Zon'mg Commission has recommend approval. This has been to the Ada County Planning and
Zoning Commission and they have recommended approval. Staff recommends approval.
Mayor opens the Public Hearing.
Lloyd Campbell, 1265 Hwy 55. I need to seek some kind of zoning. I am now in a gray area
now. I would like to meet with Mark and show the City some ideas that I have. I would like to
put something nice here. He is concerned about waiting until September or October.
Mayor closes the Public Hearing.
Discussion among Council and Staff.
Sedlacek moves, 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. 317 be considered after being read once by title only.
Sedlacek reads Ordinance No. 317 by title only. Seconded by Bastian. ALL AYE:
MOTION CARRIES ..........
Sedlacek moves to approve Ordinance No 317. Seconded by Bastian. ALL AYE: MOTION
CARRIES ............
7. NEW BUSINESS:
A. Extension of Time for Longson Town Homes - LeeAnn Longson: LeeAnn Longson
submitted an extension of time application for Longson Town Homes. She is requesting a 1-year
extension to decide if the town home project is the best use for the property. The proposed 5-acre
residential subdivision for single family attached town homes (duplexes, triplexes, and 4-plexes)
consists of 29 units and is proposed to be located approximately 1 ~/2-miles south of Floating
Feather Rd. on the west side of Eagle Rd. (MLB)
Mayor introduces the issue.
Butler: Applicant has had four extensions of time already. The City needs to see if there has
been significant changes in the City Ordinances. Staff has recommended denial. Butler has not
heard from LeeAnn Longson. Discussion.
Sedlacek moves that Council deny the extension time. Seconded by Merrill. Discussion.
ALL AYE: MOTION CARRIES ............
Al. Letter to Larry Sale at ACHD dealing with a Cross Access Agreement between the two
parcels on Stierman. ACHD is requesting that we match up those curb cuts on Stierman. The
two impacted property owners are the dent/st office and Justos. Mayor would like Council's
approval to sign the letter.
General Council discussion.
Bastian moves to approve the letter of March 10, 1998, to Larry Sales for a Cross Access
Agreement. Seconded by Sedlacek. ALL AYE: MOTION CARRIES .............
B. 98-3-ZC - Rezone Application - Darren Leavitt: Mike and Brenda Gallup, represented by
Darren Leavitt with A~row Land Surveying, are requesting a rezone from RT (Rural Transition)
to R1 (Estate Residential). The 4.69-acre site is located on the west side of Meridian Road
approximately 400-feet south of Beacon Light Road at 2659 N. Meridian Road. This rezone is
located in the Eagle Area of Impact. (MLB)
Mayor introduces the issue.
Darren Leavitt, 128 S. Eagle Road. Displays an overhead of Gallup Estates Subdivision and
discusses the request for rezone. General discussion.
Butler: Hands out the letter from the Engineer that came in today. Butler displays overheads of
the site and discusses the area. Staff has recommended denial. Planning and Zoning
recommended approval.
Merrill moves to approve 98-3-ZC Rezone Application - Darren Leavitt with the restriction
on the Plat that identifies that no Lot Splits be allowed. Seconded by Sedlacek. ALL AYE:
MOTION CARRIES ............
C. 98-1-PDR Preliminary Plat Approval for Gallup Estates Subdivision - Darren Leavitt:
Mike and Brenda Gallup, represented by Darren Leavitt with Arrow Land Surveying, are
requesting combined preliminary and final plat approval for Gallup Estates Subdivision, a 4.69-
acre, 2-lot residential subdivision located on the west side of Meridian Road approximately 400-
feet south of Beacon Light Road at 2659 N. Meridian Road. This subdivision is located in the
Eagle Area of Impact. (MLB)
Mayor introduces the issue.
Merrill moves to approve 98-1-PDR preliminary plat for Gallup Estates Subdivision with
the condition that there will be a condition of no lot splits placed upon the final plat. ALL
AYE: MOTION CARRIES ............
Merrill amends her motion to include this as preliminary/final plat for 98-1 PDR with
standard and site specific recommendations of approval and also staff recommendations
and Planning and Zoning and the City of Engineers recommendations. Seconded Sedlacek.
ALL AYE: AMENDMENT TO MOTION CARRIES .........
D. Dobie Consultant Proposal: The Council has requested a bid for the analysis of the
proposed ACHD Impact Fee changes so Council can make a recommendation to ACHD. (MLB)
Mayor introduces the issue.
Butler: Pat is responding to Council's request to present a proposal. General discussion.
Bastian moves to authorize the Mayor to enter into the Agreement with Mr. Patrick Dobie
as outlined in the letter dated March 3, 1998, to provide the review of the impact fees and
come up with a plan to reduce the impact fees for the City of Eagle through that plan.
Seconded by Merrill. Discussion. Bastian: AYE; Merrill: AYE; Sedlacek: NAY: TWO
AYE: ONE NAY: MOTION CARRIES ............
E. Request for installation of street ileht: The Mayor is requesting Council to take action
regarding a request for installation of a street light to be located at the intersection of Rene and
Dicky Drive in the Evans Subdivision No. 2. (RY)
Mayor introduces the issue.
General discussion among Council. Council would like Mayor to have a poll taken of the
residents in the Subdivision to see how many want the light.
Sedlacek moves to continue the installation of street lights in Evans Subdivision No. 2 to the
next meeting. Seconded by Merrill. Discussion. ALL AYE: MOTION CARRIES ..........
F. APA Contribution Recommendation: APA is requesting a recommendation from Council
regarding the proposed alternatives for the fee schedule. (RY)
Mayor introduces the issue. General discussion.
Merrill moves to recommend Alternative C as first priority and Alternative E as second
priority. Seconded by Bastian. ALL AYE: MOTION CARRIES ............
G. Land Agreement with ITD: The Mayor is requesting Council approval of an agreement
between the City and ITD in regards to the land for the proposed Skateboard Park. (RY)
Mayor introduces the issue.
Legal Counsel discusses the agreement and his recommendations.
General Council discussion on the agreement and the Skateboard Park. Council agrees that
possession date should be June 1st. Legal Counsel has a problem with kids doing maintenance on
the ground, check with insurance carrier. Legal Counsel will bring back with changes.
H. Lower Boise River Water Quality Plan Contribution: The Mayor is requesting Council
direction regarding the requested contribution to LBRWQP. (RY)
Mayor introduces the issue.
Discussion among Counsel
Sedlacek moves to contribute $1,000.00 to Lower Boise River Water Quality Plan.
Seconded by Merrill. ALL AVE: MOTION CARRIES .........
I. EXECUTIVE SESSION: Land Acquisition and Personnel matters.
Bastian moves to go into Executive Session to discuss land acquisition and personnel
matters. Seconded by Merrill. ALL AYE: MOTION CARRIES .............
General discussion on acquisition of land. Discussion on personnel matters.
Zoning Administrators Report: Displays an overhead on the Minimum Yard Setbacks
requirements and discusses the same. General Council discussion. Council in agreement that
Mark is interpreting the Code correctly. Former building inspector was allowing 10' setbacks.
Legal Counsel suggests that Council could do an ordinance amendment to cover subdivisions that
the 10' setback affects.
General discussion.
Merrill: Reports on the progress on the parks. Discusses the Hill Road property that belongs to
ACHD. Discussion on the Enhancement project.
8. ADJOURNMENT:
Bastian moves to adjourn. Seconded by Merrill. ALL AVE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 11:00 p.m.
Respectfully submitted:
Sh~N K. SMITH
CITY CLE~ASU~R
MAYOR
MAR -10-98 TUE 14:57
'41ak' c/dP. 02
II HOLLADAY ENGINEERING CO.
EENGINEERS • CONSULTANTS
32 N. Main P.O. Box 235 Payette, ID 83661
(208) 642-3304 • Fax # (208) 642-2159
March 10, 1998
Mark Butler, Pc%Z Administrator
City of eagle
P.O. Box 477
Eagle, ID 83616
RECEIVED & FILED
CITY OF EAGLE
File:
F,ow:
Subj : Gallup Estates Subdivision - Combined Plat Review Response (# 021298)
Dear Mark :
MAP 1 0 1998
We have completed a review of this submittal, with respect to ECC Title 9 (Land Subdivisions),
the Standard Conditions for Subdivision Approval and standard engineering practices. The
following comments are provided for your consideration.
1. Comments regarding the plat are as follows :
a. Applicant should identify the Real Point of Beginning on the plat, as detailed in the legal
description.
b. All lot corners should be depicted consistently throughout the plat.
c. Applicant should research and properly identify any required, protective easement around
the existing well that is to remain on site, thereby eliminating the possibility of improper
construction (e.g. septic leach lines) too close to the well.
d. Not all symbols on the plat have been properly identified in the legend. We can assume
that there are existing fence and over -head power lines and also possibly culverts, however
these should be clarified.
e. Appropriate easements need to be depicted for any/all utilities, irrigation or drainage - as
required. Twelve foot easements are needed for any lot line which abuts a public right of
way or subdivision boundary, while a six foot easement is needed for the interior lot lines.
They should also be identified in the plat notes.
f. The easement depicting the existing private driveway needs to be clarified by plat note. Is
it intended to provide access only to Lot 2 or to both lots? Whatever the case, its use
should be stated, with an easement properly established for that use (e.g. mutual
ingress/egress).
WATER • WASTEWATER • SOLID WASTE • PUBLIC UTILITIES • STRUCTURES • PLANNING • STUDIES
MAR -10-98 TUE 14:58
Mark Butler, P&Z Administrator
March 10, 1998
Page 2
P. 03
g. The County Re -zone application specifies that the property lies within the New Dry Creek
Ditch Ca.; the plat itself depicts several existing irrigation ditches within and about the
site, however Note 3 of the plat states that the subdivision is not within an irrigation
district. The applicant should clarify this issue, since the current description of the New
Dry Creek boundaries appear to encompass this site. If this is the case, then the owner
may either request to be removed from the district or may be required to furnish suitable
irrigation delivery.
2. Additional considerations :
a. No specific drainage mechanism has been indicated. However, given the size of the lots, if
the previously mentioned easements are properly depicted and noted on the plat, this
would provide a means for specific action if drainage runoff were to become a problem in
the future.
b. Regardless ofthe determinations made with respect to item 1.g. above and in
consideration of the City's pending ordinance on the requirement for pressurized irrigation
systems - the over-riding intent of which is to alleviate the cumulative draw -down of the
area's aquifers - we defer to the City, as to whether (as a matter of policy) to allow
individual lot owners to use on-site wells for irrigation or to require a tie in to available
irrigation waters. If a pressurized delivery system will be required, we will need to see its
plans.
The plat submittal will require a number of revisions and points of clarification. Since it is
understood that the applicant is currently requesting both preliminary and final plat approval, any
decisions made at this point should be conditioned upon the applicant satisfactorily addressing the
above-mentioned items. Please call if we can be of further assistance during the review process.
Sincerely,
HOLLADAY ENGINEERING CO.
,1Cetf,te,
Anthony R.. Blansett, Planner Alficbael W. Davis, P.E.
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subject: ZOA-2-98
March 10, 1998
7:30 P.M.
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March 10, 1998
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7:30 P.M.
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