Minutes - 1998 - City Council - 12/15/1998 - RegularORiGiNAL
EAGLE CITY COUNCIL MEETING
MINUTES
December 15,1998
PRECOUNCIL: 7:10 p.m.- 7:30pm
I. Lynn Moser: Will give a report regarding Eagle Sewer District. Lynn Moser discusses the
new rate structure for Eagle Sewer District. General discussion.
2. Floyd Patterson will give a status report on Prime Earth's attempt to comply with their
Conditional Use Permit. This item was heard at a Special Hearing held at 5:00 p.m. on December
15, 1998, just prior to this meeting.
3. Mayor and Council's Reports.
Bastian: Reports on the Library Board Meeting. Library is moving right along. Discusses some
of the extra costs and changes. Most of the landscaping should be done by the grand opening.
Library should be completed by January 8t~. The Library is pink inside, they said mauve but it
looks pink to me. The collection has been bar coded and is ready to move. The Friends of the
Library have been very active and have money to donate. Expect to see a grand opening
sometime in February. General discussion.
4. City Clerk/Treasurer's Report: No report.
5. Zoning Administrator's Report: No report.
6. City Engineer's Report: No report.
7. City Attorney's Report: No report.
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 December 8, 1998
B. Findings and Conclusions for RZ-8-97/CU-6-97/PPUD-1-97/PP-2-97 Brookwood
Subdivision - Mike Hormaechea: Project Description- Hormaechea LTD, represented by
Mike Hormaechea, is requesting a rezone from A (Agricultural) to R-2-P (Residential two
units per acre maximum - PUD) and R-4-P (Residential four units per acre maximum - PUD)
with a development agreement, and conditional use, planned unit development preliminary
development plan, and preliminary plat approvals for Brookwood Planned Community. The
development consists of a 219.2-acre, 457-1ot (411-buildable) residential subdivision. The
site is located at the northeast comer of Floating Feather Road and Eagle Road,
approximately one mile north of State Street.
C. Confirmation of Planning and Zonin~ Commission Appointments: Mayor Yzaguirre is
requesting Council to confirm his recommendation to reappoint Don Brinton and Farrin
Famworth to another term on Planning and Zoning Commission. (RY)
D. Beer/Wine License Renewals: The City Cl~rk is requesting the City Council to approve
the renewal of Beer/Wine/Liquor Licenses which have been submitted and have met the
criteria set forth by city policy.
E. 1998-99 Pet License Sales Aareement with Ada County: The City Clerk is requesting
Council to approve the above mentioned agreemcnt.(SKS)
F. Resolution 98-14: A resolution confirming the appointment of Rick Yzaguirre to the Regional
Public Transportation Authority Board.
Guerber moves to remove Item 4B. from the Consent Agenda and to approve the
remainder of the Consent Agenda. Seconded by Merrill. ALL AYE: MOTION
CARRIES ............
4B. Findings and Conclusions for RZ-8-97/CU-6-97/PPUD-1-97/PP-2-97 Brookwood
Subdivision - Mike Hormaechea: Project Description- Hormaechea LTD, represented by
Mike Hormaechea, is requesting a rezone from A (Agricultural) to R-2-P (Residential two
units per acre maximum - PUD) and R-4-P (Residential four units per acre maximum - PUD)
with a development agreement, and conditional use, planned unit development preliminary
development plan, and preliminary plat approvals for Brookwood Planned Community. The
development consists of a 219.2-acre, 457-1ot (411-buildable) residential subdivision. The
site is located at the northeast comer of Floating Feather Road and Eagle Road,
approximately one mile north of State Street.
Gu~rber: We received a letter from the Attorney for Brookwood Subdivision requesting that the
City Council delay the consideration of the Findings and Conclusion for thirty to sixty days.
Guerber moves to table the Findings and Conclusions until the 2"~ meeting in January.
Seconded by Merrill. Discussion. Guerber amends his motion to table until the January
12, 1999, City Council meeting. Seconded by Merrill. ALL AYE: MOTION
CARRIES ............
5. UNFINISI~E.D BUSINESS:
A. Discussion and approval of funding for installation of Island Woods and Arboretum
Bridges: Veto Brewer, Holladay Engineering.
Mayor introduces the issue.
Veto Brewer, Holladay Engineering. Displays overheads of bridge. Distributes a schedule to the
Council. Bid documents are out. Discussion on the bridge, the installation and the bid
documents. Discussion on the delivery dates of the bridges and installation. General discussion.
The bridge for Island Wood is about $55,000-$60,000 delivered. That does not assemble or
place the bridge. $20,000 would be the approximate cost to install the bridges. General
discussion. The budget figure used was for a site built bridge and that is the difference.
Discussion.
B. Award of Solid Waste Collection Services Contract to BFI: This item was continued from
the December 8, 1998 meeting.
Mayor introduces the issue.
City Attorney: I am requesting a change in the Agenda. The Ordinance should be passed before
the contract is signed.
Mayor: I need a motion to hear Item C before Item B. So moved by Guerber. Seconded
by Sedlaeek. ALL AYE: MOTION CARRIES ............
5C. Ordinance 335: Solid Waste Collection. (DB)
Mayor introduces the issue.
Merrill moves, pursuant to Idaho Code, Section 50-902, that the rnle requiring Ordinances
to be read on three different days with one reading to be in full be dispensed with, and that
Ordinance # 335 be considered after being read once by title only. Merrill reads Ordinance
# 335 by title only. Seconded by Guerber. ALL AYE: MOTION CARRIES .................
Merrill moves that Ordinance # 335 be adopted with recommend changes proposed by the
City Attorney. Seconded by Guerber. Bastian: AYE; Merrill: AYE; Sedlacek: AYE;
Guerber: AYE: ALL AYE: MOTION CARRIES ................
5B. Award of Solid Waste Collection Services Contract to BFI: This item was continued
from the December 8, 1998 meeting.
Mayor introduces the issue.
City Attorney: I appreciate the even handed way BFI drafted the Contract which accurately
reflected the RFP. I had a few minor issues I brought up and BFI accommodated those changes.
With that I recommend approval. General discussion on thc changes to the Contract.
Guerber moves to award the Solid Waste Collection Contract to BFI as outlined in the
contract presented by the City Attorney. Seconded by Merrill. Bastian: NAY; Merrill:
AYE; Sedlacek: AYE; Guerber: AYE: ONE NAY:THREE AYES: MOTION
CARRIES ............
General Council discussion.
D. Joint Effort Aureement with ACHD for Landscaoin~, and Lightine Imorovements -
Eagle Road, State Street to Floatine Feather.
Mayor introduces the issue.
Sedlacek moves to approve and enter into the Joint Effort Agreement with ACHD for
Landscaping and Lighting Improvements-Eagle Road, State Street to Floating Feather.
Seconded by Merrill. Discussion. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber:
AYE: ALL AYE: MOTION CARRIES ...............
Council would like ACHD for Pre-Council in January to discuss the project.
6. PUBLIC HEARINGS:
A. V-3-98 - Variance To Decrease Rear Yard Setback - Eagle Fire Denartment. Rocky
Towle: The Eagle Fire Department, represented by Rocky Towle with Design Resources
Architects, is requesting City approval of a variance to decrease the rear yard setback of the
existing building and the proposed addition from 20-feet to approximately 8-feet. The 0.54-acre
site is located on the south side of W. State Street approximately 400-feet west of Eagle Road at
149 W. State Street.(MLB)
Mayor introduces the issue. Has any member of Council had any ex parte contact to declare or a
conflict of interest.
Guerb~r: I would like to excuse myself as I am a Commissioner for the Eagle Fire Department
and I already have my mind made up.
Sedlacek has some concern because the Fire Chief is technically a Director of the Sewer District
where I am employed. I plan on participating in the discussions and voting unless someone has
an objection. Legal Counsel sees no problem with this.
Rocky Towle, Design Resources Architects. Displays a site plan and discusses the need for the
variance to decrease the rear yard setback. General discussion.
Zoning Administrator: Applicant has submitted a Design Review application which will come
before you January 12, 1999. Discusses Planning and Zonings recommended conditions.
Dan Friend, Fire Chief, Eagle City Fire Department. Discusses the parking issue and shared
parking with St. Alphonsus.
Mayor opens the Public Hearing. No one has signed up. No one in the audience wishes to speak
on the issue.
Mayor closes the Public Hearing.
Bastian moves to approve V-3-98 Variance to Decrease Rear Yard Setback of existing
building and the proposed addition of 20 feet to 8 feet with the conditions as approved by
Planning and Zoning noted on Page 6 before Site Specific Conditions. Seconded by Merrill.
ALL AYE: MOTION CARRI~S ............
Mayor: Let the record reflect that Council Member Guerber has returned.
7. NEW BUSINESS:
A. The Ada County Sheriff's Denartment is reauestine Council to annrovine fundin~ for
winter bike uniforms and community policing trading cards: Sgt. Freeman.
Mayor introduces the issue.
Sgt. Freeman, Ada County Sheriff's Department. Distributes the monthly report and discusses
the same. General discussion.
Sgt. Freeman discusses bike officers in the City of Eagle and winter bike uniforms. General
discussion.
Merrill moves to approve the bike uniforms for the Ada County Sheriff's working in the
City of Eagle. Seconded by Bastian. ALL AYE: MOTION CARRIES ............
Sgt. Freeman. I have been approached by a couple of business leaders that have offered
purchasing the trading cards that we hand out to kids. Some of the businesses want to be
involved in this so I am postpowmg this to see if some of the businesses will step forward to do
this.
Sgt. Freeman. The most promising site for the substation is the location at the Merrill Egg Farm
that is now occupied by Rocky Mountain Fitness Center. When Reid Merrill, Jr. moves the
fitness center to the new building a portion of that space will be available. We are looking at
about 800 sq. fi. It looks like it would be available sometime in February for us to move into.
We will have the Big Chicken and the Big Pig next to it. General discussion.
B. FPUD-2-98 & FP-3-98 - Final Development Plan and Final Flat for Banburv Meadows
Subdivision No. 1 - Itarvev Hoff: Harvey Hoff, represented by Roy Johnson, is requesting final
development plan and final plat approval for Banbury Meadows Subdivision Phase 1, a 39-1ot
(30-buildable) residential subdivision. This 9.82-acre (approx.) phase of Banbury Meadows
PUD is located on the west side of Eagle Road approximately ½-mile north of Chinden Blvd.
The site is within the Eagle City Limits. (MLB)
Mayor introduces the issue.
Dick Phillips, Mr. Hoff's partner in the project. In reviewing Staff's Specific Site Conditions on
Page 3 of 5, we have looked through those and we have no objections to any of those, 1 through
5. We do some things to discussion on Page 4. #1 is a new condition to us, this came up in the
P&Z Meeting. We really prefer not having this. We have no way to cross the fairway. There is a
way to cross the stream on the West end. We think it would be dangerous to try and take
pedestrians across the golf course. We would like to have this condition removed. Item #2, it is
my understanding that the CC&R's provide that the PUD would remain under single control
through out the development. Item #3, I contacted Dan Cantrell with ITD and he mined me over
to Virgil Wood and we discussed the possibility of installing a sidewalk up the hill on Eagle
Road. ITD sees problems with having a sidewalk on this side of Eagle Road. The other side of
Eagle Road would be more feasible for a sidewalk. Distributes pictures of the roadway where the
proposed sidewalk would be and discusses the same. Item g4, provide a 15 acre nature park and
pathway plan for the City to be reviewed by Design Review. The nature park should be
completed on or before December 1, 1999, and surety for the nature park shall be provided to the
City prior to the City Engineer signing the final plat of Phase I. Displays a drawing on an
overhead and discusses the same.
Clint Travis. Discusses the project in general, the nature park and pathways in the subdivision.
General discussion.
Dick Phillips. We have no problem with #5 and #6. General discussion.
Jerry Breaux, 700 Palmento Drive, Eagle. Discusses the golf course and the programs.
Zoning Administrator: This is the first phase. The findings of P&Z are attached. Discusses the
PUD and the recommendations from Staff. P&Z recommended approval. Discussion on the
sidewalk along Eagle Road. ITD would have the final jurisdiction. General discussion. The club
house will be at Design Review on January 12, 1999. Discussion on parking to access the nature
park. Discussion on the CC&R's.
Dick Phillips. We are a little frustrated about some of the things that have come up. Discussion
on the golf course. We have invested about 3 million dollars in the golf course. Discussion on
the conditions that have been recommended and on the open area. We thought the golf course
would provide our open area. We have a 23 year lease that the golf course is to be a public golf
COurSe.
Farrin Farnworth. Discussion on the nature area and if the roads are going to be developed in this
area.
Dick Phillips. There will be access by a gravel road.
Guerber moves for approval of FPUD-2-98 & FP-3-98 with the standard stipulations that
exist with regard to the PUD and their compliance and in addition compliance with the
conditions that are noted in the November 18th letter from the City Engineer as proposed by
P&Z; also the language presented by staff in regard to working with property owners at
Banbury to try to provide those pathways as a connection that would be agreeable to
Banbury be pursued by the developer; that a document be provided showing that the PUD
would remain under single control; that the 15 acre nature park be developed as proposed
by both P&Z and Staff; set backs identified in #5 in the staff recommendation take place;
#6 of the Staff recommendation in regard to the CC&R's be provided and we would like
City Staff, ITD and the property owners work on the possibility of a sidewalk to see what
the feasibility is; also #5 under P&Z with regarding to engineering fees. Seconded by
Merrill. Discussion. Bastian I would like to propose an amendment to the Motion: Page 4
of 5, #1 says work with City Staff and the property owners of Banbury to try to provide a
minimum of two pathway connections to ............ : I would like to change the language and
end the sentence after the word Banbury in the third line down and strike out "one to the
east end and one to the west end. Motion maker concurs. Seconded concurs. ALL AYE:
MOTION AS AMENDED CARRIES ............
C. Bid Openine for Citv Entry Sienaee: (MLB)
Mayor introduces the issue.
Zoning Administrator: We have received one bid. The Council may want to take time to review
the bid. We budgeted $43,652 and the bid comes in at $52,747. The bid includes landscaping
and I'm not sure if our budget figure was to include landscaping. General discussion.
Sedlaeek: I would like to have an opportunity to look at this. Part of the proceeds from the up
coming auction that the Chamber has planned for February would be for the landscaping on the
West. The $43,000 took into account that the Chamber was going to donate I believe $11,000.
General discussion.
Todd Taylor, Young Electric Signs. I just came out for the bid opening and I didn't prepare to
speak.. I understood that whoever was going to submit bids were going to submit landscaping,
lighting, and the two signs. I've worked with 5 entihes to compile this bid, all to be done as one.
I was unclear if the City was going to appoint someone to oversee this project or if it was up to
the proposer of the bid to do this. General discussion.
Mayor: I would entertain a motion to continue this to the January 12, 1999, meeting. So
moved by Guerber. Seconded by Bastian. ALL AYE: MOTION CARRIES ............
Zoning Administrator's Report: Reports on the letter and the response from the letters sent out
on the noncompliance signs. General discussion.
City Attorney's Report: Susan Buxton has received the proposed changes to the agreement with
the Drainage District. The Drainage District is ready to sign the agreement. Mr. Webster has not
seen this proposed agreement. General discussion.
Council would like to have this on the January 12, 1999, agenda for review and have the City
Attorney provide Mr. Webster a copy of the agreement.
Farrin Famworth, 1600 Riverside Drive, Member of the Planning and Zoning Commission.
Discusses the River and Flood Ordinance that came before the Commission. General
discussion. Council would like the P&Z to schedule a workshop and invite the City Council.
Zoning Administrator discusses the Bob Weaver issue.
Sedlacek: The Sewer District Attorney thinks that there could be statutory issue that are outside
the consolidation study. General discussion.
8. ADJOURNMENT:
Guerber moves to adjourn. Seconded by Sedlacek. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 10:10 p.m.
Respectfully submitted:
CITY CLERK/TREASURER
APPROVED:
RIC~K Y'ZA~KE,
MAYOR ~
NAME
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subject: V-3-98 Variance to Decrease Yard Set Back
December 15, 1998
7:30 P.M.
PLEASE PRINT LEGIBLY
ADDRESS TELEPHONE PRO? CON?
Page 1 of 1
7A
Eagle City
Bicycle Program
Why Bicycles?
• Accessibility - There are many areas in
Eagle that are better served by bicycle
access such as:
Green Belt and
Walking Paths
Subdivisions 1
Trailer Parks
Downtown
Corridor
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Approachability
• When the Deputies are on bikes riding they
come across as more approachable than
when they are driving around in a patrol
car. This method of getting around goes
hand in hand with our community policing
philosophy.
Proposal
• We are asking that
the City of Eagle use
some of the refund
monies to provide
uniforms for their
deputies.
Costs
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— Olympic Jacket
Olympic Pants
Olympic Shorts
Short Sleeve Shirt
Long Sleeve Shirt
$200.00
$ 85.00
$ 49.00
$ 23.00
$ 25.00
Total:
$382.00 X 6 Deputies = $ 2,292