Minutes - 1999 - City Council - 02/23/1999 - RegularORIGINAL
EAGLE CITY COUNCIL MEETING
MINUTES
February 23, 1999
PRECOUNCIL: 6:30 pm - 7:30pm
1. Planning & Zoning Commission Liaison Report: None
2. Dave Okerland: Will discuss signage for the crosswalk, which is to be installed on State
Street near the Library. Discusses a pedestrian flag crosswalk, which he encountered in
Ketchum and explains how a similar crosswalk would be beneficial to the City of Eagle.
Presents Council with an information packet that includes a cost breakdown. Sgt. Freeman
expresses his support of the proposal.
3. Valuations Northwest: Roger Warren discusses his proposal for appraisal and inventory
service. A representative of Valuations Northwest actually does a physical inventory count,
bar coding can be included. Probably wouldn't advise bar coding for a City the size of Eagle.
Question and answer period between Council and Mr. Warren.
4. City Attorney's Report: Susan Buxton discusses the Drainage District #2 contract which is on
the agenda later tonight. Comments on insurance issues within the document. Further
discussion regarding specific changes that have been made to the most recent draft of the
contract. Sedlacek would like to have the City Attorney compose a cover letter and forward
it and the contract to Mr. Webster.
5. Mayor and Council's Reports: Sedlacek states that the Department of Transportation cut
down the walnut trees on the Tomlinson property which the City was trying to obtain. After
contacting DOT they stated that it was simply a mistake. Sedlacek and Merrill would like to
pursue the issue perhaps attempts to get reimbursement for the loss. Mayor will direct Butler
to pursue the issue. Mayor reports on the Eagle Auction, which took place over the weekend.
Merrill reports on the Ada County/Eagle City Skateboard Park. They are hoping to have it up
and going this Fall. The Development Impact Fee Committee is moving forward and making
progress. She is attempting to coordinate with Trail Creek to work on the berm with the grant
money, which has been received by the City.
6. Zoning Administrator's Report: Feels all of the sign enforcement issues should be resolved by
March 1st. Also the Chamber of Commerce will be submitting a letter suggesting
modifications to the Eagle Sign Ordinance within the near future, and they will be requesting
it go to Council on the March 9t~ agenda.
7. City Engineer's Report: none
Mayor calls a recess.
Mayor reconvenes meeting.
COUNCIL: 7:30 p.m.
1. CALL TO ORDER:
2. ROLL CALL: Merrill, Sedlacek, Guerber - present. Bastian - 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.
Guerber moves to remove items D, F, G, H and approve the remaining items on the consent
agenda. Seconded by Sedlacek. Discussion. ALL AYE...MOTION CARRIES
A. Minutes of January 12, 1999.
B. Minutes of January 26, 1999.
C. Minutes of January 28, 1999.
E. Claims Against the City.
I. Renewal of Grazing and Lease Agreement: H.L. "Bud" Kasper is requesting a renewal of
the aforementioned contract for the year 1999.(RY)
D. Minutes of February 9, 1999.
Guerber clarifies for the record an issue regarding the Goade Family. He formally apologizes to
the Goade Family, and recognizes that he was in error regarding some information he had
received regarding the property.
Guerber moves to approve the minutes of February 9, 1999, having made the above
statement. Seconded by Sedlacek. ALL AYE...MOTION CARRIES.
Men'ill abstains from voting on items F, G, and H due to a conflict of interest though she is not
financially associated with the projects, she is an adjacent property owner.
Guerber expresses concern regarding the color choice for item G, especially since it was his
understanding that the City encouraged earth-tone colors.
F. DR-32-98 -Multi-Tenant Medical Office - Reid Merrill: Per City Council request, all design
review applications are to be appealed by the Zoning Administrator to the City Council for their review
prior to the approval of an application being final. Reid Merrill, represented by George Transtrum
with Heartland Construction, is requesting design review approval for a 10,000-square foot
multi-tenant medical office to be located within the Rocky Mountain Business Park. The site is
generally located between State Street and the Highway 44 Alternate Route extending from the
north/south section of State Street (extension of Edgewood Lane) eastward approximately ½-
mile (see maps on file at Eagle City Hall).(MLB)
H. DR-2-99 - Pump House for Rocky Mountain Business Park - Reid Merrill: Per City
Council request, aH design review applications are to be appealed by the Zoning Administrator to the City
Council for their review prior to the approval of an application beingfinal. Reid Merrill, represented by
George Transtrum with Heartland Construction, is requesting design review approval to
construct a 500-square foot pump house for the Rocky Mountain Business Park irrigation
system. The 0.07-acre site is located on the south side of State Street approximately ½-mile east
of Eagle Road at 1125 East State Street. (MLB)
Guerber moves to approve items 4F & H. Seconded by Sedlacek. ALL AYE...MOTION
CARRIES. MERRILL ABSTAINS.
G. DR-l-99 - Exterior Remodel of The Existing Merrili's Eec Farm Buildine - Reid
Merrill: Per City Council request, all design review applications are to be appealed by the Zoning
Administrator to the City Council for their review prior to the approval of an application beingfinal .Reid
Merrill, represented by George Transtmm with Heartland Construction, is requesting design
review approval to construct a 115-square foot addition to the existing building and remodel thc
exterior of thc existing 8,500-square foot Merrill's Egg Farm Building. Thc 0.73-acre site is
located on the south side of State Street approximately 3/4-mile east of Eagle Road at 1125 East
State Street.(MLB)
Guerber moves to continue item 4G to the next meeting to have the applicant's
representative attend to discuss their color choice. Seconded by Sedlacek. ALL
AYE...MOTION CARRIES. MERRILL ABSTAINS.
Merrill moves to add the following items under new business, 7D: Commercial plan review
service contract and 7E: Island Woods greenbelt agreement. Seconded by Sedlacek. ALL
AYE. MOTION CARRIES.
Merrill moves to re-arrange the order of the public hearings per Legal Council's advice.
Item 6C is moved to 6A, with the remaining items heard in the order listed on the agenda.
Seconded by Gnerber. ALL AYE...MOTION CARRIES.
5. UNFINISHED BUSINESS:
A. Bosanka Village Master Sign Plan - Mark Guho: Mark Guho is requesting Council
reconsideration on the Bosanka Village Master Sign Plan clarification letter dated January 27,
1997. [This item was continued from the February 9, 1999 meeting.] (MLB)
Mayor introduces the item.
Butler states that Mr. Guho has been unable to submit the letter for Council review.
Merrill moves to continue this item to the next Council meeting. Seconded by Guerber.
ALL AYE...MOTION CARRIES.
B. Review and discussion on proposed contract with Drainage District g2. [This item was
continued from the February 9, 1999 meeting.]
Mayor introduces the item. Notes that Susan Buxton addressed this issue in pre-council.
Sedlacek wants to verify that the City Attorney shall promptly forward the agreement and a
cover letter to Mr. Webster
Sedlacek moves to approve the addendum to the contract with Drainage District #2.
Seconded by Merrill. Discussion. Sedlacek moves to amend the motion to have an
amendment made to the agreement to allow an easement for a footbridge across the drain.
Second agrees. SEDLACEK AYE, MERRILL AYE, GUERBER AYE. ALL
AYE...MOTION CARRIES.
C. Findings and Conclusions for RZ-8-97/CU-6-97/PPUD-I-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 (Residenf~al 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 ora 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. (MLB) [This item was continued from the January 12, 1999 Council
meeting..]
Mayor introduces the item.
Merrill expresses her reasoning for requesting the item be placed on the agenda tonight. Mainly
that the city is staying within the time- frame set by legal boundaries.
Merrill moves to continue the findings of fact for Brookwood to a special meeting on
Thursday, February 25th at 7:00 p.m. Seconded by Sedlacek. Discussion. ALL
AYE...MOTION CARRIES.
6. PUBLIC HEARINGS:
A. Ordinance No. 332 - (ZOA-6-98):An Ordinance Repealing Paragraph H Of Subsection 10
(Storm Drainage, Flood Controls), Of Section 4 (Improvements Required), Of Chapter 4
(Required Improvements), Of Title 9 (Land Subdivisions) Of Eagle City Code; Repealing
Section 8 (Flood Damage Reduction Provisions), Of Chapter 1 (Flood Control Regulations), Of
Title 10 (Flood Control) Of Eagle City Code; And Enacting A New Section 8 (Flood Damage
Reduction Provisions), Of Chapter 1 (Flood Control Regulations), Of Title I 0 (Flood Ordinance)
Of Eagle City Code, Providing For The Following Subsections: 10-1-8-1 General Building
Requirements, 10-1-8-2 Anchoring, 10-1-8-3 Water And Sewer Systems, 10-1-8-4 Subdivisions,
10-1-8-5 Specific Standards, And 10-1-8-6 Applicability; Providing A Severance Clause; And
Providing An Effective Date. (MLB)
Mayor introduces the item.
Vern Brewer discusses the history of this ordinance and how the current language was arrived at.
Mr. Brewer reviews in detail the most recent changes to the proposed ordinance.
Discussion between Council, Mr. Brewer and Bieter.
Mayor opens the public hearing.
Mayor informs the audience that every individual will be sworn in prior to testimony, in an effort
to help ensure that only factual information is presented to Council for consideration.
Mayor swears in each person prior to testimony.
Betty Miller, 959 Preakness Eagle, Idaho. Asks the Council to consider that each expert no
matter how informed is skewed to certain predisposed assumptions and do not always present
unbiased information. Feels that Federal funds should not be relied upon. And finally please
consider that weather patterns do changes and effect the river flow.
Pat Miller, 959 Preakness Eagle, Idaho. Asks for the definition of a flood hazard boundary.
Janet Buschert,235 Floating Feather Rd. Eagle, Idaho is in favor of the proposed flood plain
ordinance, and suggest a continuing review of the flood plain ordinance. Comments on flood
ordinances throughout the Pacific Northwest and the need for continued revision of the flood
ordinance.
Glida Bothwell, 642 Steepleview Drive, Eagle, Idaho. Does not feel the ordinance is adequate to
protect the floodplain. Suggests changes and modifications to the proposed ordinance, and
quotes the Comprehensive Plan. Comments on a letter and reads portions of the letter from
Shapiro & Associates. Suggests a mandatory flood plain warning on the deed.
Bob House 1453 N. Ellington Eagle, Idaho. Comments on the effects of building in the flood
plain.
Gregg Nicholas 971 Preakness Drive Eagle, Idaho. Comments on the velocity of the water.
Russ Buschert, 235 Floating Feather Rd. Eagle, Idaho. Displays overhead of Dry Creek 1992
flooding. Expresses concern with building in the flood plain, a 100 foot set back restriction.
Feels many people are not attending who would be significantly disappointed with the ordinance
before Council tonight. Discusses property rights and Council's ability to regulate zoning and in
effect regulate what is built. Comments on density maximums. Dry Creek is a higher hazard
area, than other areas. The water shed should be studied.
Brian Crook, 1082 Arlington Eagle, Idaho. Concerned that the wetlands issue is not addressed in
this ordinance. Does not feel it may be as comprehensive as it should be. The integrity of the
floodplain in Eagle should be preserved.
Brewer provides some rebuttal for testimony given tonight. Defines the flood plain and flood
way. Comments on having Council control the setback on a case by case basis, it has been
Holladay's experience that to have it be by a case by case basis it opens up numerous cases of
litigation. This ordinance has attempted to eliminate this arbitrary nature. Comments on flood
way fringe and the definition of it. Agrees that there should be continued study. Confirms the
wet lands issue is not address.
Mayor closes the public hearing.
Mayor calls a 5 minutes recess.
Discussion between Brewer, Council, and Staff:
Guerber feels the City would be better off with this proposed ordinance than without, though it
will probably continue to be a work in progress. Guerber moves to strike language regarding the
allowance of mobile homes in the flood way. (motion is not seconded). Merrill also feels that
with slight modification the ordinance would be appropriate. Discussion. Guerber notes that he
had made a motion, no acknowledgment or second was received, thus he withdraws his motion.
Discussion. Sedlacek discusses the changes to the proposed ordinance she would like to see
made.
Sedlacek 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 # 332 be considered after being read once by title only.
Ordinance # 332, An Ordinance Repealing Paragraph 1t Of Subsection 10 (Storm
Drainage, Flood Controls), Of Section 4 (Improvements Required), Of Chapter 4 (Required
Improvements), Of Title 9 (Land Subdivisions) Of Eagle City Code; Repealing Section 8
(Flood Damage Reduction Provisions), Of Chapter 1 (Flood Control Regulations), Of Title
10 (Flood Control) Of Eagle City Code; And Enacting A New Section 8 (Flood Damage
Reduction Provisions), Of Chapter I (Flood Control Regulations), Of Title 10 (Flood
Ordinance) Of Eagle City Code, Providing For The Following Subsections: 10-1-8-1
General Building Requirements, 10-1-8-2 Anchoring, 10-1-8-3 Water And Sewer Systems,
10-1-8-4 Subdivisions, 10-1-8-5 Specific Standards, And 10-1-8-6 Applicability; Providing A
Severance Clause; And Providing An Effective Date. Seconded by Merrill. ALL AYE:
MOTION CARRIES.
Sedlacek moves to approve Ordinance # 332 with the following modifications. On page 4 of 9,
D. that #1 now read: Encroachments, including fill, new construction, substantial improvement
and other development, are prohibited. The rest of the paragraph is to be striken. D. #2 shall be
deleted. On page 5 of 9 #5 & 6 shall be deleted. MOTION DIES FOR LACK OF A SECOND
Guerber moves to accept the ordinance as written with the following changes. The references to
exception in existing mobile home parks and existing mobile home subdivisions be stricken on
page 4 of 9 section 10-1-8-5 specific standards D3. MOTION DIES FOR LACK OF SECOND.
Merrill moves to accept Ordinance #332 with the following changes. Under 10-1-8-5
eliminate item D.3 and reinsert under 10-1-8-5 under specific standards D.4 the language to
read: All buildings shall be set back a minimum of 50 feet from the floodway line except
that when the area of special flood hazard boundary is 50-feet or less from the floodway
line, the boundary line shall be the setback line; and except where 50 feet setbacks are not
feasible due to lot dimensions, compensating measures to protect against floodway
encroachment through erosion shall be constructed as designed and certified by a
professional engineer or architect. And except as provided in the preceding paragraph that
you continue on with item 5. Seconded by Guerber. Discussion. SEDLACEK: NAY,
MERRILL AYE, GUERBER AYE. MOTION CARRIES.
Mayor calls a five-minute recess.
Merrill moves to reconsider the motion. Seconded by Guerber. ALL AYE...MOTION
CARRIES.
Merrill wishes to clarify the language in the previous motion would like to eliminate the
language stating "are not feasible due to lot dimensions". Seconded by Guerber.
Discussion. SEDLACEK AYE, MERRILL AYE, GUERBER AYE. MOTION CARRIES.
B. RZ-8-98 - Rezone from A (Agricultural) to R-2 (Residential) - The Land Group: Jon
Wroten, represented by Jason Pfaff with The Land Group, is requesting a rezone from A
(Agricultural) to R-2 (Residential). The 45-acre site is located on the north side of the south
channel of the Boise River approximately ½-mile west of Eagle Road at 799 South Channel
Road. This item was continued from the February 9, 1999 meeting.(MLB)
Mayor introduces the item.
Merrill states that she did escort the Pathway Committee to walk around Mr. Wroten's property,
but did refrain from comment.
Jason Pfaff, 128 S. Eagle Rd. Eagle, Idaho with The Land Group representing Mr. Wroten gives
a brief review of the application.
Jori Wroten 799 W. South Channel Rd. Eagle, Idaho. Would rather not disturb the wildlife by
placing a pathway along the river. Offers to set aside two five acre lots to preserve the wildlife
and perhaps the city can find a pathway around his property. Questions the Comprehensive Plan
and its stated need of four pathways.
Discussion regarding items before Council tonight, the agenda should have addressed the rezone
as well as the Development Agreement. Both Legal Council and Butler comment on the error in
the agenda.
Wroten provides Council with a copy of recent litigation. (see attached to minutes)
Bieter and Butler both state that the item was not notice appropriately and no further action
should be taken regarding this item.
Merrill moves to continue this item until it has been properly notice. Seconded by
Guerber. ALL AYE...MOTION CARRIES.
C. PP-5-98 -Clear Creek Crossing - Ja¥o Construction, Inc.: Jayo Construction, represented
by Roylance & Associates, is requesting preliminary plat approval for Clear Creek Crossing
Subdivision, a 54.8-acre, 89-1ot residential subdivision generally located on the southwest comer
of N. Eagle Road and Floating Feather Road. This item was continued from the February 9,
1999 meeting.(MLB )
Mayor introduces the item.
Steve Bradbury, 877 Main St. Boise, Idaho. Briefly reviews the application and discusses the
site specific conditions of approval. Comments on the agreement with the New Dry Creek Ditch
Company.
Dave Roylance 391 W. State St. Eagle, Idaho. Discusses the requirements placed by ACHD and
street requirements. Comments on how flood waters are proposed to be dealt with if flooding
does occur. Discussion.
Butler reviews staff report.
Mayor opens the public hearing.
Pat Miller, 959 Preakness Eagle, Idaho. It is a flood prone area. Flood insurance does not pay
for clean up, it only pays for the house. Suggests ways for Council to handle this application.
Greg Nicholas 971 Preakness Drive Eagle, Idaho. Does not feel having buyers sign a document
will provide the appropriate notification. Fears for the safety of the children who may be
residing
Janet Buschert 235 W. Floating Feather Rd. Eagle, Idaho. Testifying against the application.
Submits items regarding the original Wintry River application for consideration, i.e. petitions
against the original application (items attached to minutes). Provides pictures to Council for
review of past flooding on this property. Fears damage to her property if this land is developed.
Suggests actions which she feels would be appropriate for Council to take. Comments on no-net-
loss, and the possible loss of wildlife. Would like the application rejected.
Glida Bothwell, 642 Steepleview Drive Eagle, Idaho. Discusses the research she has done
regarding flooding. Displays overhead. Comments on compensation for flood damage. Would
like the application denied.
Russ Buschert 235 W. Floating Feather Rd. Eagle, Idaho. Has only encountered one person in
favor of the application. Comments on this projects inability to apply the no-net-loss role to this
property. Concerned about how development would affect his property. Who will pay for the
damaged caused by flooding. Density is too high. Feels this application can be easily denied.
Dave Roylance gives rebuttal to the testimony given. Relays his dealings with Dry Creek Ditch
Company and the exchange of information between the two. Discussion of the proposed road
placement being 1 foot below BFE and the reasoning for it. Markers can be placed to designate
the location of the roadway should flooding occur. Roylance notes that at the time of submittal,
the recent controversial flood plain issues had not been brought to light, they submitted
according to ordinances in affect at the time of submittal.
Butler makes note that a letter has been received from Frank Stoppello against the application.
(see copy attached to minutes)
Mayor closes the public hearing.
Discussion between Council and City Attorney for clarification. Guerber questions Mr. Buschert
regarding his testimony. Sedlacek expresses her concern with this type of development at this
location, would have rather seen some clustering. Merrill addresses questions to the City
Attorney regarding site specific conditions. Discussion.
Sedlacek due to some various concerns public and health issues, I move to deny PP-5-98
Clear Creek Crossing Subdivision. Seconded by Merrill. Discussion. ALL
AYE...MOTION CARRIES.
Merrill moves to waive the application fees if the Developer chooses to submit a new
application. Seconded by Guerber. TWO AYE...ONE NAY...MOTION CARRIES.
Sedlacek moves to reconsider the original motion. Seconded by Merrill. ALL
AYE...MOTION CARRIES.
Sedlacek moves to deny PP-5-98 Clear Creek Crossing Subdivision due to health and safety
issues. Seconded by Merrill. Discussion. TWO AYE...ONE NAY. MOTION CARRIES.
General discussion.
7. NEW BUSINESS:
A. EM2 representative Dan Brown will discuss establishing supplemental connection fees
for water customers outside of the Lexington Hills and Trail Creek proiects.
B. Valuations Northwest: The Mayor is requesting Council approval of the appraisal and
inventory services detailed in proposal submitted by Valuations Northwest. (RY)
C. Discussion regarding the process to transform the Ada Planning Association into the
Regional Planning Association. (NM)
7D: Commercial plan review service contract
7E: Island Woods greenbelt agreement.
Guerber moves to continue all new business items to the next council meeting. Seconded by
Merrill. ALL AYE...MOTION CARRIES.
8. ADJOURNMENT:
Guerber moves to adjourn. Seconded by Merrill. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 1:20 am.
Respectfully submitted:
SHAI~ON K. SMITH
CITY CLERK/TREASUREI~,'. 5'~: .. ,.:~. ,. ~. 7"
~PROVED: