Minutes - 1998 - City Council - 03/24/1998 - RegularORIGINAL
EAGLE CITY COUNCIL MEETING
MINUTES
March 24, 1998
PRECOUNCIL: 6:30 pm - 7:30pm
Detective Douglas Traubel, with the Ada County Sheriff's Department gives a presentation on
gang activity in the Eagle and surrounding area. Detective Traubel gives a detailed overview of
the beginnings of gang activity in Ada County. Displays gang clothing and paraphernalia.
Describes the gang culture, slang language, and warning signs families should be aware of.
Question and answer session between the audience and Detective Traubel.
Mayor calls a recess.
Mayor reconvenes meeting at 8:50 pm
COUNCIL: 7:30 p.m.
1. CALL TO ORDER:
2. ROLL CALL: Bastian, Merrill, Sedlacek, Guerber. A quorum is present.
3. PLEDGE OF ALLEGIANCE:
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 March 10, 1998
B. Claims Against the City
C. Request of Approval of Proposed Street Names - Lexington Hills East -
Ro¥1ance Engineering: Roylance Engineering is requesting Council approval of
proposed street names within Lexington Hills East Subdivision. Two names were
not approved by the Ada County Street Name Committee because the Committee
wants these streets to have the same names as the streets in Echohawk Subdivision,
south of Floating Feather Road. Staff recommends approval of the street names
proposed by Roylance since the letter from the Eagle Fire Department shows that
they prefer the names proposed by Roaylance, and since the streets are not going to
connect in the future.
D. Resolution 98-6: A resolution authorizing the Mayor to sign a MOA among
Treasure Valley Governmental Agencies on the application of Intelligent
Transportahon Systems.
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Merrill moves to approve the Consent Agenda. Seconded by Bastian. Discussion. Sedlacek
would like check number 1798 to be removed from the consent agenda. Merrill agrees to
amend the motion. The second agrees to the amendment. ALL AYE: MOTION
CARRIES...
The Mayor requests the Planning and Zoning Commission Liaison report be heard at this time,
and then the agenda shall proceed at shown. Hearing no objections from the Council the item is
moved forward on the agenda.
A. The Planning & Zoning Commission Liaison Report:
Farrin Famworth discusses actions at the previous Commission meeting. Feather Nest
Estates was continued until a pathway issue could be addressed, and until Jim Carburry
could provide more information on the impact on local schools. Discussion for
clarification between Council and Mr. Farnworth. Mayor suggests perhaps setting up a
meeting to discuss pathways.
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 March 10, 1998
meeting and the public hearing was closed at that time.
Mayor introduces the item.
Butler gives a brief history of this item. Introduces Kent Johnson from Boise City who was
involved in the creation of a similar ordinance in the city of Boise.
Kent Johnson, Public Works Department Boise City. Discussion of proposed ordinance between
Council and Mr. Johnson. Bastian expresses his concern with the economic hardship figures
displayed in the proposed ordinance. Staff provides input regarding increase in the percentages.
Sedlacek and Bastian are concerned with the low water pressure minimum of 25 psi in the
ordinance and suggests a minimum 45 psi be required. Guerber and Merrill agree with Bastian's
comments. Sedlacek suggests modifying language at 3B to include "provided that water rights
can be made available to the property and delivery system modifications can be made." Also
change the language at 5. "...accompanied by a letter from the canal company or irrigation
district stating that water rights and/or a delivery system are not available to the property."
Bastian is concerned with the language proposed by Sedlacek.
Bastian moves to continue this matter to the next regular meeting incorporating the
suggested items by Council members tonight, and request the Attorney's opinion regarding
if the direction the Council is taking is legally acceptable. Seconded by Guerber. 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. This item was continued from the March 10, 1998
meeting. (RY)
Mayor introduces the item.
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Mayor discusses a meeting attended by himself and Council member Merrill with ITD and
ACHD. Reviews the proposals before them tonight. Bastian questions why the City would want
to light the entire corridor. Merrill comments that it may not be the solution to the safety
problem which prompted these proposed illumination agreements. General discussion. Question
regarding the maintenance of the lights, Merrill states that Idaho Power would maintain the
lights. The maintenance cost would be included in the monthly flat fee.
Merrill moves to enter into an illumination agreement with ITD, choosing the option of ten
lights to be installed to increase safety. Seconded by Bastian. ALL AYE_MOTION
CARRIES.
Merrill notes that installation will probably take six weeks.
C. Discussion Regarding Safety Measures at the Intersection of Highway 55 and Hill Road.
Mayor introduces the item.
Mayor discusses a meeting he and Council member Merrill attended. The results of the meeting
were that ramble strips will be installed, stop ahead painted on the street, and a flashing red light
will be installed.
D. Request for installation of street light: The Mayor is requesting Council to take action
regarding a request for installation of a street light to bc located at thc intersection of Rene and
Dicky Drive in the Evans Subdivision No. 2. (RY)
Mayor introduces the item.
Brief discussion regarding the original request for one street light and the subsequent letter from
the homeowners association requesting six lights to increase safety in the subdivision.
Moved by Guerber to approve the installation of six street lights. Seconded by Bastian.
Discussion. ALL AYE_MOTION CARRIES.
Merrill requests legal council comment on existing older subdivisions which had not provided
lighting and which the City is now picking up the cost of, and new subdivisions which currently
have lighting and are requesting the city pay for the lighting. Merrill would like an explanation
of what the city is bound by law to provide.
Mike Moore relate Council's concern to John McFadden so that he may address it at the next
meeting.
6. PUBLIC HEARINGS:
A. Wintry River Subdivision's submittal of hydrological and biologic studies. On September
13, 1994, the City Council approved this preliminary plat with a condition that required
hydrological and biologic studies to be reviewed at a public hearing open for public comment.
The proposed subdivision consists of 89 residential lots, with 15 acres (approx.) of common area.
Portions of the proposed subdivision are located within the Dry Creek Floodway. The 54.03-acre
(approx.) site is located at the southwest comer of Floating Feather Road and Eagle Road. This
hearing is being canceled. It will be re-noticed at a future date. (MLB)
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Butler briefly comments on the City Attorneys request to have this hearing canceled and the item
remand back to staff.
Guerber moves to remand this item back to Staff and require that it be re-noticed at the
appropriate time. Seconded by Bastian. Discussion. ALL AYE_MOTION CARRIES.
7. NEW BUSINESS:
Merrill moves to place item 7J to 7A. Seconded by Guerber. ALL AYE...MOTION
CARRIES.
J. Ordinance 320: Authorizing the sale of Library Bonds.
Mayor introduces the item.
City Attorney, Mike Moore, reviews in detail the bond ordinance before Council tonight. The
bond consists of three basic parts - the bond authorizes the issuance of the bonds approved by the
voters in the February election, describes the bonds, and sets a sale date for the bonds.
Guerber 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. 320 be considered after being read by title only. An ordinance of the City of
Eagle, Ada County, Idaho, authorizing the issuance and sale of general obligation bonds,
series 1998, in the principal amount of $2,850,000; providing for the designation, purpose,
date, maturities, execution, registration, authentication, and redemption of the bonds;
providing for the date, time and place for the sale of the bonds; providing for the payment
of principal of and interest on the bonds by the annual levy of taxes; creating certain funds
and accounts; providing certain covenants with respect to the tax-exempt status of interest
of the bonds; providing for related matters; and providing an effective date. Seconded by
Bastian. ALL AYE-MOTION CARRIES..
Guerbcr moves to adopt Ordinance 320. Seconded by Bastian. BASTIAN AYE,
GUERBER AYE, MERRILL AYE, SEDLACEK AYE...MOTION CARRIES.
Bob Hildeman with US Bank, briefs Council on the time lines. General discussion.
Guerber suggests that perhaps the audit for next year could be done earlier
B. Ordinance 319 - Uncontrollable Children: Amending Eagle City Code Title 5 "Police
Regulations", Chapter 1 "Minors", Section 2 "Uncontrollable Children".
Mayor introduces the item.
Sgt. Freeman, Ada County SheriffDepartment, addresses what prompted this ordinance. Ada
County has a similar ordinance currently in effect. General discussion.
Bastian moves to 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. 319 be considered after being read by title only. An
ordinance of the City of Eagle, Ada County Idaho, adding Eagle City Code Title 5 "Police
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Regulations", Chapter 1 "Minors", Section 2 "Uncontrollable Children" and providing and
effective date. Seconded by Sedlacek. ALL AYE..MOTION CARRIES.
Bastian moves that Ordinance 319 be adopted. Seconded by Sedlacek. BASTIAN AYE,
GUERBER AYE, MERRILL AYE, SEDLACEK AYE. MOTION CARRIES.
C. Ordinance 318 - Prohibited Acts on the Boise River: Amending Eagle City Code Title 5
"Police Regulations", Chapter 2 "Miscellaneous Offenses", Section 7 "Prohibited Acts on the
Boise River".
Mayor introduces the item.
Sgt. Freeman reviews the proposed ordinance. Suggest that section B be stricken as the City
may not wish to legislate the children's fun away. General discussion. Guerber questions the
verbiage on section A, if someone were to take the language to the extreme, fishing would not be
allowed from bridges either.
Merrill moves to remand this back to staff in order to provide more appropriate language.
Seconded by Sedlacek. ALL AYE...MOTION CARRIES.
D. Ordinance 316 - Official Newspaper of the City: Amending Title 1 "Administration",
Chaptex 11 "Miscellaneous Provisions", Section 2" Official Newspaper".
Mayor introduces item.
Merrill 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. 316 be considered after being read by title only. An ordinance amending
Title 1, Chapter 11, of the Eagle City Code designating The Valley News as the official
newspaper of the City of Eagle. Seconded by Sedlacek. Discussion. ALL AYE... MOTION
CARRIES.
Merrill moves that Ordinance 316 be adopted. Seconded by Sedlacelc BASTIAN AYE,
GUERBER AYE, SEDLACEK AYE, MERRILL AYE...MOTION CARRIES.
E. Request for reconsideration of Extension of Time for Longson Town Homes - LeeAnn
Longson: LeeAnn Longson is requesting Council to reconsider their action (denial) regarding
the extension of time application for Longson Town Homes. She is requesting a 1-year
extension. 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 ½-miles south of Floating Feather Rd. on the west side of Eagle Rd. 0ViLB)
Lee Longson 3497 W. Holl Dr. Eagle. Gives a brief history of this application
Guerber moves to grant the one year extension. Seconded by Merrill. Discussion. Guerber
moves to amend his motion to include staff's recommendation requiring the applicant to
comply with current city codes. ALL AYE...MOTION CARRIES.
F. DR-5-98 (Appeal} - Landscape Plan for Lexington Hills East Subdivision - East Hills
Development: (The Zoning Administrator is requesting the appeal of this item to Council.) East
Hills Development, represented by Phil Hull and Dave Roylance, is requesting design review
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approval of the proposed landscape buffer and entry for Lexington Hills East Subdivision. The
site is located on the northwest comer of Floating Feather Road and new State Highway 55.
Mayor introduces the item.
Butler reviews the application. Comments on the Land Groups claim that the code is
unreasonable, and also notes that the Design Review Board approved the application. Butler
displays slides showing various locations throughout Eagle and the landscaping in place on
berms.
General discussion.
Dave Roylance, 391 W. State Street Eagle. Gives a review on the reasoning for the reduced
landscaping which does not conform to City Code. Also comments on the choice regarding the
type of fencing proposed.
Discussion between Mr. Roylance and Council. Bastian expresses his concern regarding the
effectiveness of the proposed fencing. Bastian would recommend the Council take action against
the Design Review Boards action. He is not convinced the fencing is appropriate, and also the
number of trees and bushes should be increased to diffuses sound. Roylance reiterates his
willingness to get the application approved and to find a middle ground regarding this item.
Feels the current landscaping ordinance is unreasonable. Bashan expresses the need to amend
the code and obtain expert public testimony regarding sound barriers both of which will take
time to occur. Merrill agrees with the Design Review Board action regarding this item.
Bastian moves to continue this item, DR-5-98 (Appeal) - Landscape Plan for Lexington
Hills East Subdivision - East Hills Development, until the Design Review ordinance can be
amended to established criteria to provide a sound barrier along major corridors.
Seconded by Sedlacek. Sedlacek, Bastian, Gnerber AYE...Merrill nay. MOTION
CARRIES.
G. Lexington Hills East Final Plat: East Hills Development, LLC, represented by Roylance &
Associates, is requesting final plat approval for Lexington Hills East Subdivision Phase 1, a 77-
lot (70-buildable) residential subdivision. The 25.54-aere (approx.) site abuts Floating Feather
Road to the south and is located on the east side of Lexington Hills PUD and on the west side of
new State Highway 55.
Mayor introduces the item.
Dave Roylance, 391 W. State Street Eagle. Reviews the application.
Staff recommends modifying final plat condition #2 on the final plat the landscape plan, signage
application which require Design Review approval, should be done prior to issuance of building
permits unless a letter of credit is provided to the City for the improvements
Bastian moves to approve FP-3-98 Final Plat for Lexington Hills East Subdivision gl with
the recommendations of staff and with Planning and Zoning standard conditions. Adding
the conditions that Design Review approval shall be obtained prior to the issuance of any
building permit, or a letter of credit be issued by the developer to cover required
landscaping improvements. Seconded by Merrill. ALL AYE...MOTION CARRIES.
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H. DR-6-98 (Appeal) - New City Library - City of Eagle: (In response to a request from
Council member Bastian the Zoning Administrator is appealing this item to the City Council.)
The request is being made so the Council and Mayor can review the final plans submitted to the
Design Review Board. The City of Eagle, represented by Bruce Poe with CSHQA Architects, is
requesting design review approval for a 32,500 sq. ft. combination City library and future City
building pad site to be located on the east side of Stierman Way approximately 320-feet north of
East State Street at 100 North Stierman Way. (SB)
Mayor introduces the item.
Bastian gives a brief explanation of his reasoning for requesting this item be brought before
Council.
Bruce Poe, CSHQA, 200 N. 6~ Street Boise, Idaho. Gives an detailed review of the application.
General discussion.
Gnerber moves to approve the application as presented for DR-6-98. Seconded by Merrill.
Discussion. Bastian moves to amend the motion to require awnings to be placed on the west
side of the building. Amendment seconded by Merrill. ALL AYE...MOTION TO
AMEND CARRIES. ALL AYE...AMENDED MOTION CARRIES.
I. Ida-Ore Planning and Development Association Deleeate: Thc Mayor would like Council
discussion the appointment of a delegate to the above mentioned association. (RY)
Mayor introduces the item.
Brief discussion. Requests the Council consider an appointment, and perhaps bring comments or
recommendations to him.
J. Contract with the Eaele Librarv and the Ada County Free Librarv District -- The Mayor
is requesting City Council to consider the approval of the extension agreement between the Eagle
City Library and the Ada County Free Library District for Library Services. (RY)
Mayor introduces the item.
Bastian moves to approve the contract. Seconded by Merrill. ALL AYE...MOTION
CARRIES.
K. EXECUTIVE SESSION: Discussion of land acquisition
Continued to the next meeting with the addition of discussion of legal matters.
8. REPORTS:
A. Mayor and Council's Reports: Sedlacek states that as a result of the proposed transportation
and network map Mr. Trent's land has been depreciated approximately $20,000 because of the
proposed roads on the map. Butler notes that this map is currently in the process of being
revised through the Comprehensive Plan Amendments. Butler states that there is a focus group
meeting tomorrow night at which they will discuss the proposed map and address other issues
pertaining to the Comprehensive Plan amendments. Sedlacek and Guerber agree that the road
should be removed from the proposed map. Discussion. Mayor is directed to contact legal
council regarding this matter and whether or not Mr. Trent's realtor is bound to disclose
information which is displayed in a map which is at this time only a proposal. Sedlacek notes
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that Chamber of Commerce voted to move ahead with the Carnival for Eagle Fun Days.
Discussion of security for the carnival. Discussion of the possible renaming of State Street. The
item is placed on the April 14t~ agenda. Merrill requests the Skateboard Park land agreement be
placed on the next agenda.
Merrill moves to have an appraisal on Mrs. Tomlinson's property if she is agreeable for
land acquisition for the City of Eagle. Seconded by Bastian. ALL AYE...MOTION
CARRIES.
Bastian voices his concern that the city does not have a noise ordinance. Mayor Yzaguirre states
that the City Clerk is currently working on a noise ordinance similar to Boise City's. Brief
discussion of agenda items for the Joint Meeting on March 30*.
B. City Clerk] Treasurer's Report: A brief report regarding the sales of brick pavers. Current
total sales are at $5348.00.
C. Zoning Administrator's Report: none
D. City Engineer's Report: none
E. City Attorney's Report: none
8. ADJOURNMENT:
Guerber moves to adjourn. Seconded by Merrill. ALL AYE...MOTION CARRIES.
Hearing no further business, the Council meeting adjourned at 11:35 pm.
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