Minutes - 1998 - City Council - 06/09/1998 - RegularORISINAL
EAGLE CITY COUNCIL MEETING
MINUTES
June 9, 1998
PRECOUNCIL: 6:30 pm - 7:30pm
1. Sheriff's Monthly Report: Sgt. Freemen presents Council with the monthly report for May.
2. Planning & Zoning Commission Liaison Report: Farnworth comments on a letter which the
Zoning Administrator was directed to draft to Council regarding the placement of roads in
Wintry River Subdivision. Suggests installing proper sewage hook up for the proposed
Skateboard Park instead of the porta-potty option.
3. Irene Watson: Discussion of noise ordinance. Questions why offensive noise should be
allowed at anytime. Discusses the current Boise City ordinance. Comments on specific
instances which she has encountered with offensive noise from neighbors. Sgt. Freemen
comments on the Idaho State Code regarding noise, and also relays information he obtained
from Jean Fisher, Magistrate Prosecutor, who prosecutes these type ofviolations. He also
comments on Boise City ordinance. Deputy McDaniel provides information regarding calls
he has responded to regarding noise complaints. Randy Richardson, Ms. Watson neighbor
comments on interaction they have had with the Watson's. Ms. Watson rebukes comments
from Mr. Richardson. John Watson provides additional comment regarding the need for an
ordinance to address their type of situation. Council discusses the options available
regarding this situation. Comments are made from the audience regarding this specific
neighborhood situation. General discussion. Council comments that they would rather not
take action to amend the noise ordinance until these two specific neighbors attend a session
with the "Sounding Board".
4. Mayor and Council's Reports: Bastian reports on the Library Board meeting. June 15th has
been set for a construction start day for the Library. Discusses the Library budget, and
Council should expect an approximately 70% increase. Merrill gives an update on the status
of the Downtown Park. Merrill comments of her tour of the river and potential action that
may need to be taken. Mayor states that they are dropping the discharge from Lucky Peak.
5. City Clerk/Treasurer's Report: None
6. Zoning Administrator's Report: None
7. City Attorney's Report: None
Mayor calls a recess at 7:25 p.m.
Mayor reconvenes meeting. 7:35 pm
COUNCIL: 7:35 p.m.
1. CALL TO ORDER:
2. ROLL CALL: Bastian, Merhll, 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.
Bastian moves to approve the Consent Agenda. Seconded by Merrill. Discussion. Sedlacek
notes that under item 4C Lois Kunlder is her mother and feels she will make an excellent
addition to the Commission. ALL AYE: MOTION CARRIES...
A. Minutes of June 2, 1998.
B. Claims Against the City
C. Itistorical Preservation Commission appointment: The Mayor is requesting
Council to confirm the appointment of Lois Kunkler to the Commission. (RY)
D. Assistance League of Boise donation: The Mayor is requesting Council approval
of a $500.00 donation to be used for Operation School Supplies.(RY)
E. Eagle Fun Days - Permit for Possession and/or Consumption of AIcohoilc
Beverages: Kyle Enterprises, dba Reagle Beagle Sports Bar is requesting approval
of a permit for the above stated purpose.
Merrill moves to add New Business item7D APA membership formula, moving the
Executive Session to item 7E. Seconded by Guerber. ALL AYE-MOTION CARRIES.
5. UNFINISHED BUSINESS:
A. Merrill Park Land Exchange Agreement: Review of the Exchange Agreement and Joint
Closing Instructions for Merrill Park. (This item was continued from the May 26, 1998 meeting.)
Mayor Yzaguirre introduces the item.
McFadden notes that the changes Council requested have been made to the agreement
General discussion.
Ed Miller, 277 N. 6t~ Street Boise, Idaho. Comments that what they are seeking is an indication
from staff on how the park will affect the application. Guerber is concerned that if Eagle River,
LLC does not like what is presented in the staff report they may call off the deal. Butler
comments that he has been unable to complete a staff report.
Discussion regarding agreement.
Merrill moves to accept Exchange Agreement and Joint Closing Instructions with Eagle
River LLC, and also authorize the Mayor to extend the closing date for another 30 days.
Seconded by Bastian. Sedlacek AYE, Bastian AYE, Merrill AYE, Guerber AYE. ALL
AYE...MOTION CARRIES.
B. Debbie Small is requesting clarification of costs pertaining to the placement of her Tropical
Snow Shack in the Downtown Park.
Mayor Yzaguirre introduces the item.
Debbie Small addresses Council regarding power sources. Ms. Small comments that the two
electrical outlets which she was considering using are on a photocells, and thus presents a
monumental problem which she wasn't aware of prior to today. General discussion.
Bastian moves to continue this item to the next item, so that items can be addressed which have
been brought up at this meeting. Discussion. Motion dies.
Merrill moves accept the application for the Eagle Tropical Snow Shack from the Small
family and the city shall appoint a member of council to work with the Small family to
locate water supply and power supply. A monthly lease of $100.00, not to exceed $300.00
total, shall be established. The bond and investigation fee shall apply as stated in City
Code. Seconded by Bastian. Discussion. ALL AYE...MOTION CARRIES.
Guerber moves to appoint Council member Merrill to act as the liaison as mentioned in the
previous motion. Seconded by Sedlacek.. ALL AYE...MOTION CARRIES.
6. PUBLIC HEARINGS:
Mayor Yzaguirre announces that this is the time and place for public hearing.
A. PP-2-98 - Preliminary Plat Lakeland Estates Subdivision: Ron Bath with Lakeland
Investors, LLC is requesting preliminary plat approval for Lakeland Estates Subdivision (revised
plat), a 23-acre, 12-1ot residential subdivision located approximately 1,000 feet south of State
Highway 44, west of old State Highway 55 (if extended). (MLB)
Mayor Yzaguirre introduces the item.
Ron Bath, 316 W. Bannock Boise, Idaho representing Lakeland Estates. Gives a review of the
application.
Butler gives a review of the staff report and provides clarification for Council on specific items.
Ron Bath addresses the question regarding the source of water for the lakes.
General discussion.
Mayor opens the public hearing.
Farrin Famworth, 1600 Riverside Drive Eagle, Idaho. Comments on obtaining water from New
Union Ditch Company to supply the lakes.
Mayor closes the public hearing.
General discussion amongst Council.
Guerber moves to approve PP-2-98 Preliminary Plat Lakeland Estates Subdivision with
staff site specific and standard conditions of approval. Seconded by Merrill. ALL
AYE...MOTION CARRIES.
Mayor calls a 10 minute recess. 9:15p.m.
Mayor reconvenes meeting at 9:25 p.m.
B. ZOA-3-98 (Ordinance 334) -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. (This item was continued from theMay
26, 1998 meeting.) (MLB)
Mayor Yzaguirre introduces the item.
Butler discusses the use of "flex space" and gives a brief review of the application. General
discussion.
Mayor opens the public hearing.
No one chooses to address this issue.
Mayor closes the public hearing.
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 #334 be considered after being read once by title only. An ordinance amending
Eagle City Code Title 8 "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 M-1 Light Industrial District Zone; and providing an effective date. Seconded
by Merrill. ALL AYE...MOTION CARRIES.
Bastian moves that Ordinance #334 be adopted. Seconded by Merrill
Bastian: AYE; Guerber: NAY; Merrill: AYE; Sedlacek: AYE: THREE AYES: ONE NAY:
MOTION CARRIES.
7. NEW BUSINESS:
A. LS-1-98: Reconsideration - Jack Coonce: Jack Coonce is asking Council to reconsider site
specific condition #3, regarding thc requirement for a surety along post office parcel (pamcl #1),
for LS-1-98. (MLB)
Mayor introduces thc item.
Jack Cooncc, 877 W. Main St. Stc. 750 Boise, ID. Conveys to Council the results of a meeting
held this afternoon to discuss site specific conditions.
Butler notes that the issue at hand pertains to a waiving conditions set out in a resolution, not in
ordinance form.
General discussion. Council consults City Attorney for guidance.
Guerber moves to waive the surety portion of this and allow the project to go ahead with
thc expectation that the project will be completed as proposed. Seconded by Sedlacek.
ALL AYE...MOTION CARRIES.
B. Arboretum Plant Purchase: The Mayor is requesting Council action regarding the bid
obtained to help complete the planting of the Arboretum. (RY)
Mayor introduces the item.
General discussion.
Merrill moves to accept the proposal for the Arboretum. Seconded by Bastian. Discussion.
ALL AYE...MOTION CARRIES.
C. Resolution 98-9: (Boise City/B.W. Inc. land exchange agreement) Acknowledgment of
conditional consent of owner.
Mayor introduces the item
Steve Bradbury discusses the land exchange agreement. General discussion.
McFadden feels this resolution does not bind the city in any way.
Guerber moves to approve Resolution 98-9. Seconded by Merrill. ALL AYE...MOTION
CARRIES.
D. APA membership formula:
Mayor introduces the item.
General discussion.
Bastian moves to adopt E as the funding formula for Ada Planning Association. Seconded
by Merrill. ALL AYE...MOTION CARRIES
E. EXECUTIVE SESSION: Legal Matters.
Guerber moves to go into executive session to discuss legal matters. Seconded by Merrill.
Guerber: AYE. Bastian: AYE. Merrill: AYE. Sedlacek: AYE. ALL AYE...MOTION
CARRIES.
Merrill moves to have EM2 and the City Engineer take appropriate action to check for
cross connections with the City's potable water system. Seconded by Sedlacek. Discussion.
ALL AYE...MOTION CARRIES.
Butler updates Council regarding the canopy lighting situation at Smith's Chevron. Council
feels that if Chevron agrees to the shielding to allow another week for them to comply.
Discussion.
8. ADJOURNMENT:
Bastian moves to adjourn. Seconded by Sedlacek. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 11:00 pm.
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subject: PP -2-98 Preliminary Plat Lakeland Estates Subdivision
June 9, 1998
7:30 P.M.
NAME
PLEASE PRINT LEGIBLY
ADDRESS TELEPHONE
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EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subject: ZOA-3-981,
June 9, 1998
7:30 P.M.
PLEASE PRINT LEGIBLY
NAME ADDRESS TELEPHONE PRO? CON?
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