Minutes - 1998 - City Council - 05/13/1998 - RegularEAGLE CITY COUNCIL MEETING
MINUTES
MAY 12, 1998
ORIGINAL
PRECOUNCIL: 6:30 pm - 7:30pm
1. Planning & Zoning Commission Liaison Report: Farrin Famworth: Ada County
Transmittals from Ada County: Discusses the recommendations that the Planning and
Zoning Commission made. General discussion.
2. Idaho's Promise Report: Nancy Amell: Reads the Summit Declaration. Each State in the
union held a summit. Reports on the summit and discusses how the City of Eagle can
proceed. Karen Des Aulniers with Ada County Juvenile Court discusses Boise's Promise
that was held last Fall. Guerber would like to see the City move forward and setup
community meetings and invite residents who would like to be involved. General discussion.
Do a survey at Eagle Fun Days. Look at the assets that the City already has, then look at the
resources that are available in the County. Nancy and Evelyn will work on the asset map.
3. EM2 Engineer's Report: Kathy Shiflet, EM2: Engineers are doing a system assessment and
will report to the Council. Island Wood water rights extension has been approved. The City
of Eagle water right is in the process right now. General discussion. Discusses Resolution
92-8 and the need to update the resolutions in regards to the City water system. The Council
like EM2 to make recommendations, work with the City Clerk and bring an updated
resolution back to Council. General discussion on water rights. Council would like to have
some financial reports and customer complaint reports. Would like to have quarterly reports.
4. Mayor and Council's Reports: Mayor discusses the bid opening on the Eagle Library. Need
to have a special Council meeting to discuss these bids and the process so the contracts can
be awarded. Thursday, May 14, 1998, 5:00 p.m.
Guerber: Reports on the walk through of the Eagle Road project. The control box at the
comer of State and Eagle Road, on ACHD right-of-way, will be painted and landscaped.
ACHD tried to meet with the owner of the Chevron and the owner was uncooperative so
ACHD had to proceed. Railing will be installed along the canal. Received the resignation of
the President of the Historical Commission.
Bastian: Reports on the meeting with the Library Board. The Board is renting storage area
from Wright Brothers in preparation of moving to the new facility. Discussion on additional
staffing for the Library. Received a report from Lyrm Melton which includes the results of
the survey that Friends of the Library held at Albertson's. Discusses the bid openings.
ACHD said no to the change of Stierman Road. Discussion on the monument sign.
Discusses the Eagle Sewer District fee and the building permit for the Library. Butler reports
on his review of the Library plans. A foundation only permit can be issued. General
discussion.
5. City Clerk/Treasurer's Report: Moved to the end of the meeting.
6. Zoning Administrator's Report: Moved to the end of the meeting.
7. City Engineer's Report: Moved to the end of the meeting.
8. City Attorney's Report: Moved to the end of the meeting.
Mayor calls a recess.
Mayor reconvenes meeting.
COUNCIL: 7:40 p.m.
1. CALL TO ORDER:
2. ROLL CALL: Bastian, Merrill, Sedlacek, Guerber. Merrill is absent. 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 April 22, 1998
B. Minutes of April 28, 1998
C. Claims Against the City
D. FP-4-98 - Final Plat for Echohawk Estates Subdivision No. 3: B.J. Land
Company, represented by Richard Pavelek with Tealey's Land Surveying, is
requesting f'mal plat approval for Echohawk Estates Subdivision No. 3, a 12-Iot
residential subdivision. The 2.62-acre (approx.) site is located on the wide side of
State Highway 55 and on the east side of existing Echohawk No. 1, approximately
1,280-feet south of Floating Feather Road. The site is within the Eagle City Limits.
(MLB)
E. Extension of Time for CU-9-96 - Temporary Gravel Extraction - Ron Bath:
Lakeland investors, represented by Ron Bath, arc requesting a one year extension of
time for the conditional use application (CU-9-96) for temporary gravel extraction
operation. The 23-acre site is located approximately 1,000 feet south of State
Highway 44, west of old State Highway 55 (if extended). (MLB)
F. LS-1-98- Lot Split- Oppenheimer Development: Oppenheimer Development
Corporation, represented by Jack Coonce, is requesting approval of a lot split for the
creation of two lots located on the northwest comer of Palmetto Avenue and E. State
Street at 630 E. State Street. (MLB) Removed from the Consent Agenda.
G. Design Review Board Appointment: The Mayor is requesting Council to confirm
the appointment of Eric McCullough to the Design Review Board, effective
immediately. (RY)
H. Copier purchase: The City Clerk is requesting Council approval of the bid received
to purchase a Canon 6045 copier for City Hall. (SKS)
Guerber moves to approve the Consent Agenda with the removal of Item 4F. Seconded by
Sedlacek. ALL AYE: MOTION CARRIES ............
Bastian moves to add under new business 7J. Reconsideration of a vote to accept the Edge
Development property as a municipal park. Seconded by Sedlacek. ALL AYE: MOTION
CARRIES ............
4F. LS-1-98- Lot Split- Oppenheimer Development: Oppenheimer Development
Corporation, represented by Jack Coonce, is requesting approval of a lot split for the creation of
two lots located on the northwest comer of Palmetto Avenue and E. State Street at 630 E. State
Street. (MLB) Removed from the Consent Agenda.
Jack Coonce, Oppenheimer Development, Parcel 1 is the site for the new post office. Post Office
has some concern with the meandering sidewalk. Proposing a 6' detached sidewalk along
Palmento. Discussion on the sidewalk and landscaping. Conditions of Approval: Would request
that Item #2 and #3, that Parcel 1 be deleted. General discussion.
Butler: Displays an overhead of the site plan and discusses the lot split. This is a proposal for a
lot split. The Post Office has to comply with the requirements of ACHD and I would think that if
they want a lot split we should be able to make these requirements on the lot split. This would
have to be either constructed or bonded for before we sign the lot split. I think the City has the
authority to get this condition in. The Code currently doesn't allow for anything other than an 8'
sidewalk. General discussion.
Bastian moves to approve the lot split as proposed, LS-1-98 Lot Split - Oppenheimer
Development, Applicant, that we include all of the Site Specific recommendations and
Condition of Approval as well as the Standard Conditions of Approval. Seconded by
Sedlacek. TWO AYE: ONE ABSTENTION: MOTION CARRIES .........
5. UNFINISItED BUSINESS: None
6. PUBLIC HEARINGS:
A. RZ-1-98 Rezone from A (Agricultural) to R-3 & R-4 (Residential) - Forest and Dale
Prohaska and Cedar Falls Partnership: Forest & Dale Prohaska and Cedar Falls Parmership,
represented by Wayne Forrey with Hubble Engineering, are requesting a rezone from A
(Agriculture) to R-3 (Residential three units per acre maximum) and R-4 (Residential four units
per acre maximum). The 39.67-acre site is located on the on the north side of Floating Feather
Road approximately %-mtle east of Eagle Road at 1020 Floating Feather Road. (MLB)
Mayor introduces the issue. Has any Member of Council had any ex parte contact?
Sedlacek has had the oppommity through her employment with Eagle Sewer District to
review this project but does not feel this will influence her vote.
Mayor: Does any Member of Council have potential or actual conflict of interest?
Heating none.
Wayne Forrey, Cedar Falls Partnership, provides Council with a handout and discusses
the same. We have accepted the Findings of Fact and Conclusions of Law provided by
the Zoning Administrator. We are working with developers and property owners on
future school sites.
Butler: Displays an overhead of the site plan and provides an overview of the Staff
Report.
Mayor opens the Public Hearing. No one has signed up to speak on the issue.
Mayor closes the Public Heating.
Guerber moves to grant the rezone as proposed. Seconded by Bastian. Discussion.
ALL AYE: MOTION CARRIES ..........
B. PP-1-98 Preliminary Plat for Feather Nest Estates Subdivision - Forest and Dale
Prohaska and Cedar Falls Partnership: Forest and Dale Prohaska and Cedar Falls Partnership,
represented by Wayne Forrey with Hubble Engineering, are requesting preliminary plat approval
for Feather Nest Estates Subdivision, a 39.67-acre, 113-lot (96-buildable) residential subdivision
located on the north side of Floating Feather Road approximately %-mile east of Eagle Road at
1020 Floating Feather Road. (MLB)
Mayor introduces the issue. Has any Member of Council had any ex parte contact?
Sedlacek I want to again state that I have had the opportunity through my employment with
Eagle Sewer District to review this project but I do not feel this will influence my vote.
Mayor: Does any Member of Council have potential or actual conflict of interest?
Hearing none.
Wayne Forrey, Cedar Falls Partnership, displays an overhead of the Preliminary Plat. Discusses
the density and the preliminary plat. General discussion.
Jim Merkle, Hubble Engineering, the cul-de-sac will be modified to meet the conditions of the
Highway District and we have agreed to do that.
Buffer: We have several letters that have come in from the public. Staff has recommended
approval with several conditions that are shown in the Findings. Discussion on the conditions as
set forth in the Findings. Discusses the school issue and impact fees for development of new
schools. General discussion.
Mayor opens the Public Hearing.
Glenn Ingram, 1641 E. Chatham Court, Lexington Hills, there is a lot of creativeness in this
design. One concern is the dead end and how it affects the size of the lots along Lexington Hills.
There is no transition zone from the large lots in Lexington Hills to the smaller lots in this
development. Displays an overhead showing his response to the development. Concern about
other citizens using the areas in Lexington Hills. Displays an overhead showing large lots
bordering Lexington Hills, discusses the berms, the fence and the number of trees that are
proposed. General discussion.
Sandra Schultz, 1632 Chatham Court, appearing as a homeowner and representing Jim Carberry,
Meridian School District. Discusses the density and the lack of transition in regards to the lot
sizes. The Meridian School District has not given a letter of approval yet. Discussion on location
of schools in the Eagle area.
Gary Gear, 1675 E. Stonybrook Court. I have not been contacted by the developer. I have
concern in regards to the schools. I have concern with the density next to Lexington Hills, they
are not compatible or equal. If the lots were bigger there would be no need for a fence.
Keith Redmond, 1618 E. Brunswick Drive, I agree with the earlier comments on the density.
There needs to be a buffer zone. If the lot sizes were larger I would not need a fence.
Butler: Provides Council with a copy of the letters from the public and provides an overview of
the comments. Council reviews the letters.
Wayne Forrey, discusses the issues presented tonight. We met with Homeowner's Association of
Lexington Hills. We are in agreement to pattern our CC&R's after Lexington Hills. Discusses
the fence designs. We have six lots backing up to six lots with Lexington Hills. We can stretch
our landscaping bordering Lexington Hills. We have tried to do a good job with the interfacing
between the two developments. We are concerned about home values. General discussion.
Mayor closes the Public Hearing.
General discussion among Council.
Bastian moves to approve PP-1-98 Feather Nest Estate Subdivision preliminary plat and
that we accept the Site Specific Conditions of Approval 1-9 with the addition of #10. #10 to
read: reduce by one lot, Block 5 Range 21-25, and all the Standard Conditions of Approval
as proposed in this document, with one change in the Site Specific Conditions that the first
sentence of #1: construct a meandering 5' wide asphalt sidewalk along Floating Feather be
substituted for concrete sidewalk. Seconded by Sedlacek. ALL AYE: MOTION
CARRIES .............
Mayor calls a recess at 9:33 p.m.
Mayor reconvenes at 9:45 p.m.
C. Ordinance 323: Open Container of Alcoholic Beverages in Public Places: Ordinance of
The City Of Eagle, Ada County Idaho, amending Eagle City Code Title 3 "Business And License
Regulations", by adding Chapter 2, Article D, Possession Of An Open Container Of Alcoholic
Beverage In Public Places, and establish a permit fee.
Mayor introduces the issue.
Legal Counsel: Distributes a draft. Changes: Section 1: Definitions: Delete the definition of
Premises. Section 2: #2: add parking before lot and again in Section: 3: add parking before lot.
Section 4: Upon any public or private property if open to the public. Discussion on the entire
ordinance.
Bastian 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 # 323 be considered after being read once by title only. Bastian reads Ordinance
# 323 by title only. Seconded by Guerber. ALL AYE: MOTION CARRIES .................
Bastian moves that Ordinance # 323 be adopted. Seconded by Guerber. Bastian: AYE;
Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES ..............
7. NEW BUSINESS:
A. 98-05-ZC - Rezone from RT to RI - Elaine Tucker and Beverly Crawford: Elaine
Tucker and Beverly Crawford, represented by Roylance and Associates, are requesting a rezone
from RT (Rural Transition) to R1 (Estate Residential). The 35.58-acre site is located on the east
side of N. Meridian Road, approximately 1280-feet north of Floating Feather Road. This site is
located in the Eagle Area of Impact.
Mayor introduces the issue.
Dave Roylance, 391 W. State Street, Eagle, Owner and Developer, displays a site plan and
discusses the project and the reasons for the rezone application.
Butler: Staffrecommcnds denial and discusses the reasons for denial. The Planning and Zoning
Commission recommended approval. General discussion. Ada County can not do Development
Agreements but they are working on getting that in their Code.
Guerber moves to approve the rezone as proposed from Planning and Zoning. Seconded by
Bastian. Discussion. ALL AYE: MOTION CARRIES ...............
Council would like Mark to attend and testify before the Ada County Planning and Zoning
Commission and have a City representative testify before the Ada County Commissioners.
B. 98-09-PDR - Preliminary Plat for Canterbury Subdivision No. 3 - Elaine Tucker and
Beverly Crawford: Elaine Tucker and Beverly Crawford, represented by Roylance and
Associates, are requesting preliminary plat approval for Canterbury Subdivision No. 3, a 17-lot,
35.58-acre residential subdivision. The proposed subdivision is located on the east side of N.
Meridian Road, approximately 1280-feet north of Floating Feather Road. This subdivision is
located in the Eagle Area of Impact.
Mayor introduces the issue.
Dave Roylance, Developer, provides a brief overview of the project. General discussion.
Guerber moves for approval with all conditions as outlined overall in the Zoning
Administrators report. Seconded by Bastian. ALL AYE: MOTION CARRIES ............
C. 98-06-ZC - Rezone from RT to RI -Edge Investments, LLC: Edge Investments, LLC,
represented by Bill Webster, is requesting a rezone from RT (Rural Transition) to R1 (Estate
Residential). The 5.09-acre site is located on the west side of N. Park Lane approximately 800-
feet south of Floating Feather Road at 995 N. Park Lane. This site is located in the Eagle Area
of Impact.
Mayor introduces the issue.
Butler: The applicant is not present. The Planning and Zoning Commission has recommended
denial.
Bastian moves for denial of the application for the reasons outlined in the Zoning
Administrations report to the City. Seconded by Sedlacek. Discussion. ALL AYE:
MOTION CARRIES ............
D. Engineering Contract: Discussion regarding the renewal of the contract with Holladay
Engineering.
Mayor introduces the issue and wants to know the feelings from Council as to their work and the
renewal of the Contract. General discussion.
Sedlacek moves to renew the contract for another one year period. Seconded by Bastian.
Discussion. Bastian: AYE: Sedlacek: AYE: Guerber: AYE: ALL AYE: MOTION
CARRIES .............
E. Discussion for use of current Library location: Options for future use of old Eagle City
Library building.
Mayor introduces the issue and discusses the letters that have been received and the options that
are available to the City.
General Council discussion. The feeling among the Council is that the property should be sold.
Possibly the Historical Commission can find room at the new library. The proceeds from the sale
of this property could go for funding library books.
Bastian moves to direct the Mayor to have the Eagle City Library building appraised. Seconded
by Guerber. Discussion. 2 NAY: 1 AYE: MOTION FAILS ............
Bastian moves to direct the Mayor to determine the value of the Eagle City Library
building and property through a market analysis. Seconded by Guerber. ALL AYE:
MOTION CARRIES ...........
F. Selection on 2ad Council meeting in May date. (RY)
Mayor introduces the issue. General discussion. Council agrees to meet on the regular meeting
date, May 26, 1998.
G. Council action regarding completion of landscaping and installation of historical lights
on State Street.
Mayor introduces the issue. This is Eagle Road not State Street.
Butler: Displays an overhead of the Planting Plan and discusses same. General discussion.
Guerber moves to purchase the fights and trees in the proposal we have seen from the
Bypass to State Street. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ............
H. Onen Container Sign Purchase: The Mayor is requesting the purchase of four signs stating
the open container law to be utilized for Eagle Fun Days and future events. (RY)
Mayor introduces the issue.
Bastian moves to approve the purchase of four signs stating the open container law to be
utilized for Eagle Fun Days and other occasions. Seconded by Guerber. ALL AYE:
MOTION CARRIES ............
Bastian moves to amended the agenda for a reconsideration of Edge Developments
donation of land for a public park. Seconded by Guerber. ALL AYE: MOTION
CARRIES ............
Bastian moves to reconsider the approval of the Edge Development donation of land for an
Eagle City Park. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ..........
Bastian moves to continue consideration of this item to the next regular meeting Seconded
by Guerber. Discussion. ALL AYE: MOTION CARRIES ............
Zoning Administrator's Report: Discussion on the lights at the new Chevron Station. General
discussion. Council has no problems with the lighting.
I. EXECUTIVE SESSION: No Executive Session held.
8. ADJOURNMENT:
Gnerber moves to adjourn. Seconded by Sedlacek. ALL AYE: MOTION
CARRIES .........
Hearing no further business, the Council meeting adjourned at 11:00 p.m.
Respectfully submitted: ~?~,r~
,..~SHAR(~NK. SMiT~../~ '~o~.? a4~
CITY CLERK/TREASURER
APPROVED:
RICK~Y'ZA~I~E,
MAYOR U--
Page 8
H:/COUNCIL'xMINUTES\ 1998\cc 051298 rain doc
PP -1-98 PRELIMINARY PLAT FOR FEATHER NEST ESTATES
SUBDIVISION -FOREST & DALE PROHASKA & CEDAR FALLS
PARTNERSHIP
PUBLIC HEARING
THE CITY OF EAGLE
CITY COUNCIL
TUESDAY, MAY 12, 1997
7:30 P.M.
ADDRESS/ TESTIFY
NAME TELEPHONESUBJECT YES/NO? PRO/CON
_
t -1 77 7/ Tr d->.5 c S o.i. /ES ,.r
(1124-v 131 -S5-7-2_ Vra- filr-fr)14 ve,
Page 1 f 1
H:ICOUNCI LIAGENDAICCS IG NUP. W P D
ORDINANCE 323 OPEN CONTAINER OF ALCOHOLIC BEVERAGES IN
PUBLIC PLACES
PUBLIC HEARING
THE CITY OF EAGLE
CITY COUNCIL
TUESDAY, MAY 12, 1997
7:30 P.M.
NAME
ADDRESS/ TESTIFY
TELEPHONE SUBJECT YES/NO? PRO/CON
Page 1 f 1
H:I000NCIL\AGENDA\CCSIGNUP.WPD