Minutes - 1998 - City Council - 05/26/1998 - RegularORIGINAL
EAGLE CITY COUNCIL MEETING
MINUTES
May 26, 1998
PRECOUNCIL: 6:30 p.m. - 7:30 p.m.
1. Planning & Zoning Commission Liaison Report: Geneva Trent reported on the Planning and
Zoning meeting.
2. Mayor and Council's Reports:
Guerber: No report.
Merrill: Appointments to the Historical Preservation Commission. Report on the Skateboard
Park Meeting. Next meeting is June l0n in the Senior Center. Discussion on water at the Ada
County/Eagle Park. I will be meeting with Donna Griffin on the BLM Land for trails. The tennis
nets at Friendship Park are bad and need to be replaced. The cost for a new net is about
$2,000.00. Discussion skateboards in the park. We need to move forward on the bridges at
Island Woods and the Arboretum. General discussion.
Mayor: Reports on the Downtown Park meeting. Meeting next Monday. Concern about the park
being completed by June 13t~ because of the weather. General discussion.
Sedlacek: $800 for the appraisal on the Tomlinson property, another $200-$300 for attorney's
fees to draft an agreement. I would like direction from the City Council. Mrs. Tomlinson is
willing to donate the property. General discussion. June 2na at 7:00 is the workshop on the water.
I will be gone for the June 23ra meeting. Discussion on raising the levy rate. Discussion on a
community/youth center. Discussion on Eagle Water/EM2 and the waterline being cut.
City Clerk Report: Inquired as to the mode of transportation for the Mayor and Council for Fun
Day Parade. Checks for payment of payroll and claims against the City were typed because the
new checks are a different size and the HIT software needs to be redesigned.
3. Ada County Assessor: Discussion of property tax assessment. 4,382 assessment notice sent
out to Eagle residents. Preliminary value is $403,900,000.00, which is up fi-om $370,200,000.00
last year, a 9% increase. Existing residential is up .7% compared to 2.2% last year, an increase of
1.6%. Existing commercial is up 11% compared to 9% increase last year. 85% of existing
homeowners will see property taxes staying the same or going down a little from last year. New
construction roll $33,100,000 compared to $22,000,000 last year, a 50% increase. General
discussion on property taxes and levies.
Ron Freeman, Ada County Sheriff's Department: Deputies have been to bike school and they
will be riding their bikes more as the weather gets nicer.
Mayor calls a recess at 7:30 p.m.
Mayor reconvenes meeting at 7:40 p.m.
COUNCIL: 7:30 p.m.
1. CALL TO ORDER:
2. ROLL CALL: Bastian, Merrill, Sedlacek, Guerber. A quorum is present.
3. PLEDGE OF ALLEGIANCE:
Sedlacek moves to add to the agenda as 5D. appraisal of Tomlinson property. Seconded by
Merrill. ALL AYE: MOTION CARRIES ............
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 May 12, 1998
B. Minutes of May 18, 1998
C. Claims Against the City
D. Findings and Conclusions for Rezone Application for Feather Nest Estates (RZ-
1-98): Project Description: Forest and Dale Prohaska Cedar Falls Partnership,
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
north side of Floating Feather Road approximately ~-mile east of Eagle Road at
1020 Floating Feather Road. (MLB) Removed from the Consent Agenda.
E. Findines and Conclusions for Preliminary Plat Application for Feather Nest
Estates (PP-1-98): Project Description: Forest and Dale Prohaska and Cedar Fails
Parmership, 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) Removed from the Consent Agenda.
F. Historical Lights on Eagle Road from the Alternate Route to State Street.
Mayor's declaration that there is only one vendor for the acquisition of the historical
lights. Removed from the Consent Agenda.
Sedlacek moves to approve the Consent Agenda. Seconded by Merrill. Discussion.
Sedlacek amends the motion to remove Items D, E and F from the Consent Agenda. Second
concurs. ALL AYE: MOTION AS AMENDED CARRIES ...............
4D. Findines and Conclusions for Rezone Application for Feather Nest Estates (RZ-1-98):
Project Description: Forest and Dale Prohaska Cedar Falls Partnership, represented by Wayne
Forrcy with Hubble Engineering, arc requesting a rezone from A (Agriculture) to R-3
(Residential three units per acre maximum) and R-4 (Residential four units per acre maximum).
Thc 39.67-acre site is located on the north side of Floating Feather Road approximately ~/4-miIc
cast of Eagle Road at 1020 Floating Feather Road. (MLB)
4E. Findines and Conclusions for Preliminary Plat Application for Feather Nest Estates
(PP-1-98): Project Description: Forest and Dale Prohaska and Cedar Falls Parmership,
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 ~A-mile east of Eagle Road at
1020 Floating Feather Road. (MLB)
Merrill: I requested that these items be removed because I was not at the last City Council
meeting and feel that I cannot vote on these items.
Bastian moves to accept Item 4D and E. Seconded by Sedlacek. TIt]REE AYES: ONE
ABSTENTION: MOTION CARRIES ............
4F. Historical Lights on Eagle Road from the Alternate Route to State Street. Mayor's
declaration that there is only one vendor for the acquisition of the historical lights. Removed
from the Consent Agenda.
Merrill: I would like to put the two lights the City has in reserve on Aikens Street. General
discussion.
Merrill moves to install the t~vo historic lights we have in reserve on the corner of Aikens
Street and that we approve 4F on the Consent Agenda: Historical Lights on Eagle Road
from the Alternate Route, the declaration that there is only one vendor for the acquisition
of the historical lights. Seconded by Bastian. ALL AYE: MOTION CARRIES ................
5. UNFINISHED BUSINESS:
A. Reconsideration of Council decision to approve dedication and maintenance of park site
at the north east corner of Plaza Ave. and Eagle Rd. (CC)
Mayor introduces the issue.
Bastian: After we approved the acquisition of that property as a girl from the developer, I looked
at the property more closely and reached the following conclusions: 1. The property is bound by
two busy streets and there are McDonald's signs on both streets and clearly looks to me that it
benefits the developer and little benefit to the City. 2. The area looks to dangerous for children.
I think this is primarily a benefit to the Developer rather than the public at large. I would urge the
Council not accept the property as a public park.
Merrill: In our July 27, 1997, Findings of Fact and Conclusions of law we talk about a common
lot with mature existing trees that is supposed to be dedicated to the City. As a site specific
condition under Item #2 it also states that the common lot is to be dedicated to the City. This is
something that the City proposed. The developer lost property and time to dedicate this property
to the City. It will cost the City $1,710.00 a years which includes the mowing and the
applications for the trees and lawn to maintain this property. The value of the property would be
$136,602.50. I believe that we are indebted to Mr. Webster for giving us this property and we
should stay tree to our agreement.
General discussion.
Bastian: I move that we accept the Northeast corner of Plaza Avenue and Eagle Road as a
City Park site. Seconded by Sedlacek. Discussion. THREE AYE: ONE NAY: MOTION
CARRIES ............
Guerber would like to see a sign put up to identify this area as a City Park· General discussion.
Merrill to check on the cost of benches and tables and a sign.
B. Merrill Park Land Exchange Agreement: Review of the Exchange Agreement and Joint
Closing Instructions for Merrill Park.
Mayor introduces the issue.
McFadden: This is an issue that could be discussed in Executive Session if necessary.
General discussion on Agreement.
Ed Miller, on behalf of Grossman Family Properties. We are not trying to take away the
discretion of the Planning and Zoning and Staff. We are just anticipating a normal staff report.
General discussion.
Bill Clark, representing Eagle River, Our intention is not to have an assurance from City
Council. We want assurance that what is being proposed is going to be acceptable to the City as
an adjacent property owner and that what we are proposing is a reasonable use.
General discussion on the language in the agreement and the benefits of the exchange for the City
and the developer.
Bastian proposes to move this item to an Executive Session to discuss the terms of this document.
Ed Miller discusses their concerns so Council will consider these concerns in their Executive
Session. General discussion.
Bastian moves to conthme this matter to an Executive Session for later this evening for
consideration and development of specific language we would then forward to the attorney.
Seconded by Merrill. THREE AYES: ONE NAY: MOTION CARRIES ............
C. Reconsideration of Council decision to approve shieldine for canoov liehts for the new
Smith's Chevron. (DR Board)
Mayor introduces the issue.
Jim Murray, Chairman of the Eagle Design Review Board. I'm asl~mg for reconsideration of the
decision of shielding for canopy lights for the new Chevron. What we try to do is be fair to all
applicants and be consistent. Chevron came through first and then Albertson's. During
Albertson's review they were given the same condition that Chevron was. Albertson's put in
down style lighting and is 100% shielded. We are trying to maintain a standard of consistency.
The Design Review Board would ask you to reconsider your decision.
General discussion.
Merrffi moves that we reconsider the Council's decision to approve shielding for the canopy
lights for Smith's Chevron. Seconded by Bastian. 3 AYE: 1 NAY: MOTION
CARRIES ............
Merrill moves that we accept the Design Review Board's recommendation that exterior
shielding forcing the light down from the canopy at Smith's Chevron. Seconded by
Bastian. 3 AYE: 1 NAY: MOTION CARRIES ............
Sandy Smith, owner Chevron. Discusses the difference between the Chevron and Albertson's
lighting and site area.
D. Tomlinson Property. ( Added to the Agenda)
Mayor introduces the issue.
Sedlacek: There are two small pieces of property on the North side of the Eagle Alternate Route
and the lady that owns these pieces of property has agreed to donate them to the City of Eagle
and we had agreed to give her an appraisal so she can use it for income tax purposes as a
donation. The lowest bid I was able to get on that appraisal was $800.00. I would like Councils'
approval to move forward and authorize the appraiser to complete the necessary documents not to
exceed $800.00.
Sedlacek moves that the City of Eagle give her the authority to contact Darrell Mathews to
conduct the appraisal for an amount not to exceed $800.00. ALL AYE: MOTION
CARRIES .........
Mayor calls for a recess at 9:15 p.m.
Mayor reconvenes the meeting at 9:25 p.m.
6. PUBLIC HEARINGS:
A. Wintry River Subdivision's submittal of hydrological and bioloeic studies- Dou~ Javo:
Doug Jayo Big Sky Construction Company, represented by Roylanee and Associates PA. The
proposed subdivision consists of 89 residential lots, with 15 acres (approx.) of common area.
The portion of the proposed subdivision which is located within the Dry Creek Floodway is
proposed to be designated as common area. This site is located generally at the south west comer
of Floating Feather and Eagle Road.(MLB)
Mayor introduces the issue. Does any member of Council have any ex parte contact to declare at
this time?
Sedlacek: When this project first came forward in 1994 I was the bookkeeper of the New Dry
Creek Ditch Company and I wrote a letter regarding issues the Ditch Company. I don't feel this
has colored my vision one way or the other as far as this project.
Mayor: Does any member of Council have a potential or actual conflict of interest?
Steve Bradbury, I don't feel I need to go into great detail because you have these studies before
you. Displays site plans and provides Council with some history of the project and the flood
plain and flood way. There are going to be some changes on the property when you go from a
pasture to a subdivision in regards to the wildlife. There is a proposed riparian zone along Dry
Creek.
Dave Roylance, Civil Engineer, 391 W. State Street, Eagle. Most of the flood plain and flood
way studies I have been involved with and most of them move toward the stream. There is at
least a minimum 200' buffer area and in some places there is 300'. The only adjustment made to
the preliminary plat was to adjust to the flood plain. I just got a letter today from the City
Engineer dated May 26, 1998. I would like to be in concert with the City Engineer.
Butler: The previous Council in 1994 approved the preliminary plat. Council asked for the
hydrological and biologic studies.
Vem Brewer, Project Manager, Holladay Engineering. Provides Council with Holladay's letter
dated May 26, 1998, and discusses the same.
Paul Kunz 4545 Samara Street, Boise. I prepared the hydrological models that is referred to and
I believe they are correct. I have a great deal of experience doing these models. I have done
these models for over 20 years and the bulk of my experience has been doing these studies.
General discussion on the 100 year flood plain and flood way. Sedlacek shows some pictures of
the area that have been flooded. Further discussion on flooding.
Brewer: The biologic report suggested to enhance the riparian area by planting bushes and
vegetation. You can alter a flood way under very strict conditions. You can always make a flood
way better which has to be approved by FEMA. General discussion.
Mayor opens the Public hearing.
Russ Buschert, 235 Floating Feather Road. Discusses the flood plain and the flood way. We
need to have an analysis of the area. Potential buyers of the property need to know the risk. We
should place a moratorium on flood plain development.
Janet Buschert, 235 Floating Feather Road. I oppose approving this tonight. Provides Council
with a copy of her letter to the Eagle City Council received & filed May 21, 1998. Discusses the
flood plain and flood way issues regarding this development.
Phil Carney, 1353 Trevino, urges the Council to use caution. I don't want to see this City
continue developing in the flood plain.
Brian Crook, 1082 Arlington. I live in Downing Downs on the edge of this development. You
are accepting reports that are not prepared by hydrologic engineers. I urge caution.
Glida Bothwell, 642 Steeple View, I brought some mud and water with me. This is what will
happen in the flood way. Discusses the Supplement to Biological Study and Evaluation. Public
safety is the main thing.
Steve Bradbury. If there was 100 year flood event today, the Dry Creek Canal and the flume
would likely be lost. Does this development change the outcome? It doesn't. This development
may protect a portion of the canal. Discusses what would happen if the area did flood. This
development adheres to the City Ordinances. General discussion.
Sedlacek discusses the studies. I think the study is flawed and there are areas that are not
addressed. Are there anything in the study that addresses ice jams and debris jams. General
discussion.
Russ Buschert. We don't have enough data to make a decision. FEMA knows their data is
suspect but they have a backlog.
Mayor closes the Public Hearing.
Discussion among Council and City Engineer on the flood plain and flood ways, FEMA and the
studies for Dry Creek. General discussion on the project and the studies.
Bastian moves to approve the hydrological and biologic studies. Seconded by Guerber.
Discussion. Bastian amends the motion to add that FEMA approves this hydrological
study. Second concurs. 3 AYE: 1 NAY: MOTION CARRIES AS AMENDED ............
B. ZOA-3-98 - Proposed Zoning Amendment Eagle River LLC, Represented by William
Clark: Eagle River LLC, represented by William Clark with WM. Clark Planning and
Development, is proposing to amend Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning
Districts and Maps", Section 3 "Schedule of District Use Regulations" to allow "flex space' (as
defined within Eagle City Code) as a permitted use in the C-3 Highway Business District zone
and the City of Eagle is also proposing to allow "flex space" as a permitted use in the M-1 Light
Industrial District zone. (MLB)
Mayor introduces the issue.
Butler: There is no hurry on this and no one is here to testify on this maybe you would like to
continue the Public Hearing to your next regular meeting.
Mayor: I would entertain a motion to do that. So moved by Bastian. Seconded by
Sedlacek. ALL AYE: MOTION CARRIES ............
Merrill moves to amend the Agenda, move Item 7F before 7A. Seconded by Guerber. ALL
AYE: MOTION CARRIES .........
7. NEW BUSINESS:
F. Debbie Small is requesting Council approval to locate a snow cone shack on the
Downtown City park property.
Mayor introduces the issue.
Debbie Small, 1420 W. Osprey Ridge Dr. We need a place to put the Snow Shack. Kids and
safety are the priority. We thought the parking lot by the new park would be the place to put it.
General discussion.
Bastian moves to allow the snow cone shack on the downtown City Park property with the
provision that we can cancel the agreement at any time and with the provision that the
shack be located in a safe area and that there be a fee charged. Seconded by Guerber.
Discussion. ALL AYE: MOTION CARRIES .........
A. Easement and waterline at Public Library Site. The Zoning Administrator is asking for
Council direction on whether or not the waterline and easement should be moved at this time.
(MLB)
Mayor introduces the issue.
Butler would like Councils' advice on this issue. General discussion.
Jack Coonce, Displays a site plan and discusses same. I have tried to get a price from Eagle
Water and I still do not have a cost yet. United Water gave me an estimate of $7,000-$9,000.
There is a 10' easement required.
Bashan: The Library Board Chairman, Susan Thomas, believes the funds for this should not
come from the funds voted for the Library. I have a different view, this is part of the whole
project and should be paid out of the Library funds. General discussion. General agreement by
the Council that the money is to be paid out of the Library Bond Funds.
Bastian moves to approve the relocation of the waterline to be placed underneath the
roadway to the South. Seconded by Bastian. ALL AYE: MOTION CARRIES .........
General discussion on Eagle Water and how they will bill for this project.
B. Boise River Flood Study: The Mayor is requesting Council action regarding funding for
FEMA's new flood study. (RY)
Mayor introduces the issue.
General Council discussion.
Guerber moves that the City pay for this new flood study. Seconded by Merrill. ALL
AYE: MOTION CARRIES ............
C. Underground Power Line Agreement - Idaho Power:
Mayor introduces the issue.
Jack Coonce, discusses the Idaho Power agreement. General discussion.
Guerber moves to have Nancy and Mark work with Jack and Idaho Power for the location
of the power box and to approve the agreement. Seconded by Sedlacek. ALL AYE:
MOTION CARRIES .........
D. Drainaee District No. 2 drainage a~reement:
Mayor introduces the issue.
Jack Coonce, discusses the agreement. General discussion.
McFadden: Concerns: Pg. 5 of 9, Paragraph 4, this is fairly low risk; Pg. 7 of 9, Paragraph 9,
concern about costs, Paragraph 10, says nothing about the prevailing party, according to this
agreement we would have to pay their legal fees. General discussion.
Sedlacek moves to accept this contract with Drainage District No. 2, contingent that #10 be
modified to add "the prevailing party into the condition or other language suitable to the
City Attorney". Seconded by Bastian. ALL AYE: MOTION CARRIES ............
E. Ordinance 333: An ordinance changing the zoning classification of the real property
described herein from A (agricultural) classification to R-3 (residential) and R-4 (residential)
classification; amending the zoning map of the City of Eagle to reflect said change; and providing
an effective date. (MLB)
Mayor introduces the issue.
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 # 333 be considered after being read once by title only. Merrill reads Ordinance
#333 by title only. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ............
Merrill moves that Ordinance # 333 be adopted. Seconded by Sedlacek. Bastian: AYE;
Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES ..............
F. Debbie Small is requesting Council approval to locate a snow cone shack on the Downtown
City park property. Moved to before 7A.
G. Eagle Fun Day Permits for Possession and Consumption of Alcohol:
Mayor introduces the issue. We have received applications from the Eagle Voluntary Fire
Association and da Vinci's for open container for Eagle Fun Days and we will have an
application from the Regal Eagle, so I need a motion for approval.
So moved by Guerber. Seconded by Merrill. ALL AVE: MOTION CARRIES ............
8. EXECUTIVE SESSION:
Merrill moves to go into Executive Session to discuss land acquisition. Seconded by
Guerber. Bastian: AVE; Merrill: AVE; Sedlacek: AVE; Guerber: AVE: ALL AVE:
MOTION CARRIES ............
General discussion on land acquisition.
Bastian moves that we approve the Exchange Agreement and Joint Closing Instructions
between the City and Eagle River LLC with the following changes: That on 2.2 second line
that at the Cities sole expenses be stricken. On page 3 of the closing instructions, that 2.7 be
rewritten and the wording be: that the City Staff reviewed this agreement contingent upon
Eagle River written acceptance of Staff's Report on Eagle River's proposed uses of the
Merrill Property and surrounding property and that the attached map be limited to the
map as explained in Exhibit C. Change 2.4 to add in the word property after public park.
Seconded by Merrill. Bastian: AVE; Merrill: AVE; Sedlacek: AVE; Guerber: AVE: ALL
AVE: MOTION CARRIES ............
9. ADJOURNMENT:
Guerber moves to adjourn. Seconded by Merrill. ALL AVE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 12:30 a.m.
Respectfully subrmtted:
CITY CLE~AS~R
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subject: Wintry River Sub. Hydrological & Biological Studies
May 26, 1998
7:30 P.M.
PLEASE PRINT LEGIBLY
NAME ADDRESS
Q(.10M6161 6a
F7,3/2.17
TELEPHONE PRO? CON?
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EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subject: ZOA-3-98 Proposed Zoning Amendment Eagle River. LLC
May 26, 1998
7:30 P.M.
PLEASE PRINT LEGIBLY
NAME ADDRESS TELEPHONE PRO? I CON?
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H:\COUNCI L\AGENDA\CCS IGNUP. W PD