Minutes - 1999 - City Council - 03/09/1999 - RegularEAGLE CITY COUNCIL MEETING
MINUTES
March 9, 1999
ORIGINAL
PRECOUNCIL: 6:30 pm - 7:30pm
1. Ada County Sheriff: Martina Leis distributes information to the Council on crosswalks and
flag crosswalks and discusses the same. General discussion. Sgt. Freeman presents Council
with the February activity report. Sgt. Freeman and the Mayor discuss the Enough is
Enough, parade, lapel pins and bracelets that will be distributed.
2. Planning & Zoning Commission Liaison Report: No report. Butler: Planning and Zoning are
going to schedule a Saturday meeting to work on the Comp plan.
3. Evelyn Strough: Provides a handout to the Council and reports on the progress made with
databases and the new equipment purchased. General discussion.
4. Boss Technologies, Inc.: Matt Campana, conducts a demo of document imaging and explains
the same to Council. General discussion.
5. Mayor and Council's Reports: Bastian: Update report on the new Library. Library is
evaluating their needs now that the new Library is open. The Friends of the Library are
planning a campaign to get used books and a sale of books. Library staff is working on
management of the meeting room, i.e. fees, scheduling, cleaning, damage and etc.
Merrill: Reports on the Skateboard Park.
6. City Clerk/Treasurer's Report: No report.
7. Zoning Administrator's Report: No report.
8. City Engineer's Report: No report.
9. City Attorney's Report: No report.
Mayor calls a recess at 7:30 p.m.
Mayor reconvenes meeting at 7:45 p.m.
COUNCIL: 7:45 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; Plarming & Zoning Commission, or Design
Review Board shall be adopted as part of the City Council's Consent Agenda
approval motion unless specifically stated otherwise.
Merrill moves to remove Item #E and #F from the Consent Agenda and approve the
remainder of the Consent Agenda. Seconded by Bastian. ALL AYE: MOTION
CARRIES ...............
A. Minutes of February 23, 1999.
B. Minutes of February 25, 1999.
C. Claims Against the City.
D. LS-5-98 - Lot Split -Providence Development Group: Providence Development Group,
LLC, represented by Wayne S. Forrey, is requesting approval of a lot split for the creation of two
lots generally located on the southeast comer of Floating Feather Road and Eagle Road. (MLB)
E. LS-1-99 - Lot Split - A1 Russell: A1 Russell, represented by Darren Leavitt with Arrow
Land Surveying, is requesting approval of a lot split for the creation of two lots located near the
eastern boundary of Island Woods Subdivision approximately V2-mile east of Eagle Road at 1150
S. Eagle Road (temp. address). (MLB)
F. Final Plat for Canterbury No. 3 Planned Residential Development - Elaine Tucker &
Beverly Crawford: The applicant is requesting final plat approval for Canterbury Subdivision
No. 3, a 35.58-acre, 18-lot (17-buildable) residential subdivision 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. (MLB)
G. Findings and Conclusions for a Preliminary Plat (PP-7-98) for-Saunders Family Trust-
: Project Description: Lorin Saunders is requesting preliminary plat approval for Sugarberry
Woods Subdivision No. 2, a 38.86-acre, 19-lot residential subdivision located on the east side of
N. Meridian Road approximately 1,200-feet north of Chinden Boulevard at 688 E. Sugarberry
Drive. (MLB)
H. Arbor Day Proclamation: June 12, 1999.
4E. LS-1-99 - Lot Split - Al Russell: A1 Russell, represented by Darren Leavitt with Arrow
Land Surveying, is requesting approval of a lot split for the creation of two lots located near the
eastern boundary of Island Woods Subdivision approximately V2-mile east of Eagle Road at 1150
S. Eagle Road (temp. address). (MLB)
Mayor introduces the issue.
Merrill: My property is within 300' of this lot split and I was not noticed but I would like to
abstain from voting on this matter.
Bastian moves to approve the Lot Split for Al Russell including the Site Specific Conditions
and the Standard Conditions of Approval. Seconded by Sedlacek. 3 AYES: 1 ABSTAIN:
MOTION CARRIES ............
4G. Final Plat for Canterbury No. 3 Planned Residential Development - Elaine Tucker &
Beverly Crawford: The applicant is requesting final plat approval for Canterbury Subdivision
No. 3, a 35.58-acre, 18-lot (17-buildable) residential subdivision 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. (MLB)
Mayor introduces the issue.
Merrill: I routinely pull off final plats because this is the final Council review and the last time
that the plat will come before the public. I have no problem with this plat.
Merrill moves to approve the Final Plat for Canterbury No. 3 Planned Residential
Development-Elaine Tucker & Beverly Crawford. Seconded by Guerber. Discussion.
Merrill amends her motion with a requirement on the final plat that address the Loxie Way
with a sign at the end of the stub out street that it will be a future interconnection with
another subdivision. Seconded by Bastian. Discussion. ALL AYE: MOTION
CARRIES ..................
6. UNFINISHED BUSINESS:
A. Payette River Scenic Byway Gateway Contract:
Mayor: We don't have information in the packet as to the Contract.
City Clerk: We need a Council motion authorizing the Mayor to sign the Contract.
Merrill moves to authorize the Mayor to sign the Cooperative Agreement, Payette River Scenic
By-Way Gateway. Seconded by Sedlacek. Discussion. Merrill withdraws her Motion. Second
concurs.
Council would like to see a copy of the Agreement and have the City Attorney review the
Agreement prior to the next meeting.
Merrill moves to continue this item to the next City Council meeting. Seconded by
Sedlacek. ALL AYE: MOTION CARRIES ...............
B. DR-l-99 - Exterior Remodel of The Existing Merrill's Egg Farm Building - 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 to construct a 115-square foot addition to the existing building
and remodel the exterior of the existing 8,500-square foot Merrill's Egg Farm Building. The
0.73-acre site is located on the south side of State Street approximately %-mile east of Eagle
Road at 1125 East State Street. This item was continued from the February 23, 1999 meeting.
(MLB)
Butler: I told George Transtmm that this was going to be on the agenda. No one is here to talk
about the colors. We should continue this.
Bastian moves to continue Item 5B - Exterior Remodel of the Existing Merrill's Egg Farm
Building. Seconded by Sedlacek. 3 AYE: 1 ABSTAIN: MOTION CARRIES ...............
Guerber: I am the one who asked for them to come in and explain, as I was concerned about the
colors involved. I won't be at the next Council meeting.
C. Request for Reconsideration of RZ-8-97/CU-6-97/PPUD-1-97/PP-2-97 Brookwood
Subdivision - Mike Hormaechea: Hormaechea LTD, represented by Mike Hormaechea, is
requesting reconsideration of the November 24, 1998, Council action on 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 ora 219.2-acre, 433-1ot was 457 -
(383-buildable - was 411 ) residential subdivision. The site is located at the northeast comer of
Floating Feather Road and Eagle Road, approximately one mile north of State Street
Mayor introduces the issue.
Evan Robertson, representing applicant. We went through everything at the special meeting.
Provides Council with an overview on the Request for Reconsideration.
Mike Wardel, 50 Broadway Avenue, Boise. The concern expressed in the previous hearings was
the area in the flood plain. The request for reconsideration was to delete 48 units from the
project. A site plan and overlay is displayed and discusses the same. We did a modification of
lots. We have taken 20 lots out of the area. Further discussion on the project.
General discussion between Council, Mr. Wardel, applicant and Butler.
Guerber moves to reconsider. Seconded by Bastian. Discussion. ALL AYE: MOTION
CARRIES ................
General Council discussion.
Bastian moves to approve the Development Agreement for the Brookwood Subdivision with
the following changes: Page 1 of 6: Item B strike 363 units and put in 387 units. Page 2 of
6: Item #3 strike 363 units and put in 387 units; Item #4 delete; Item #6 strike 100 feet and
put in 50 feet two times. Seconded by Guerber. Discussion. 3 AYES: 1 NAY: MOTION
CARRIES ............
Bastian moves to approve the Conditional Use Permit for Brookwood Subdivision, noted
tonight in Brookwood Item 5C of the agenda. Starting with Page 16 of 29 that we approve
with the following modifications: #12 be as originally proposed by the Planning and
Zoning Commission; #14 be the same as originally proposed by the Planning and Zoning
Commission with the exception that the landscape strip should be 5' wide minimum; #8 be
amended as proposed by the Developer; #16 delete as proposed; #22 change 363 to 387; #26
insert the figure 47.5 in the place of 58 in two places; #27 Strike out and add: The
applicant shall submit designs and a construction schedule for the recreation center for
City approval; #31 reduce the number of dwelling units in a. from 38 to 33, b. from 33 to
30, d. from 41 to 37, and all other items remain the same. Seconded by Guerber. 3 AYES:
1 NAY: MOTION CARRIES ............
D. 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, - 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 site
is located at the northeast comer of Floating Feather Road and Eagle Road, approximately one
mile north of State Street. (MLB).
Mayor: The Findings and Conclusions will come back before Council at the next meeting.
Bastian moves that the Findings and Conclusions for RZ-8-97/CU-6-97/PPUD-1-97/PP-2-97
be continued to the next meeting. Seconded by Sedlacek. ALL AYE: MOTION
CARRIES ...........
E. Request for Reconsideration of A-1-98/RZ-9-98 - Annexation and Rezone from RT (one
unit per five acres) to R-2 (two units per acre) - Craig and Kristen Van Engelen: Craig and
Kristen Van Engelen are requesting council reconsideration of the annexation and a rezone
from RT (one unit per five acres) to R-2 (two units per acre) with development agreement.
Based upon the February 9, 1998, Council comments the applicant would like to request that
Council allow an R-1 zoning designation (the same as Redwood Creek Subdivision) instead of
the R-2 with development agreement. The 27-acre is site located on the north side of State
Highway 44 approximately 1-mile east of Linder Road. (MLB)
Mayor introduces the issue.
Craig Van Engelen, 2545 E. Lake Fork. We are proposing to do 26 lots on 27 acres. We are
requesting four less lots as previously approved. There would be a landscaped entry. This
subdivision would fit in with Redwood Creek. Displays a site plan and discusses the same. We
are requesting to go to an R-1. We are hoping Council will approve the plat tonight.
Merrill moves to reconsider the application. Seconded by Sedlacek. ALL AYE: MOTION
CARRIES ............
Guerber moves to grant the rezone to an R-1. Seconded by Sedlacek. ALL AYE:
MOTION CARRIES ............
F. PP-6-98 The Colony Subdivision - Craig and Kristen Van Engelen: Craig and Kristen
Van Engelen are requesting council reconsideration of the denial of the preliminary plat for The
Colony Subdivision.. The applicant has reduced the number of lots within the subdivision to 26
building lots which is four less than the maximum stipulated by the Council (30) and 14 less than
what the applicant had originally proposed (40). The site is located on the north side of State
Highway 44 approximately 1-mile east of Linder Road. NOTE: The Zoning Administrator has
reviewed the plat and the lot sizes, open space and buffering meet Eagle City Code for a
subdivision within an R-1 zoning designation. (MLB)
Mayor calls for a recess at 8:55 p.m.
Mayor reconvenes the meeting at 9:05 p.m.
Merrill moves to reconsider the Preliminary Plat for The Colony Subdivision. Seconded by
Sedlacek. ALL AYE: MOTION CARRIES ...........
Bastian moves to approve the Preliminary Plat of the Colony Subdivision of Craig and
Kristen Van Engelen with the following Site Conditions of Approval as follows: 1. Comply
with all conditions noted within the City Engineer's letter, dated November 23, 1998; 2.
The proposed stub street to the property to the west shall be located to assure preservation
of the grove of trees on the abutting property to the west; 3. Provide a 10-foot wide
easement for a 6-foot wide minimum concrete pedestrian pathway between lots 4 and 6 of
Block 3; 4. Provide a landscape plan for aH common area for Design Review Board
approval prior to City approval of a final plat; 5. Comply with all the requirements of the
Ballantyne Irrigation District. Provide an approval letter from the District prior to the
City Engineer signing the final plat; 6. Comply with all the requirements of Drain District
#2. Provide an approval letter from the District prior to the City Engineer signing the final
plat; 7. Any stub street which is expected to be extended in the future shall be provided
with a sign generally stating that, "This street is to be extended in the future"; 8. Provide a
note on the plat showing the required residential dwelling setback "buffer area" along the
entire length of the subdivision's south boundary line along State Highway 44; 9. West
Timber Way shall be connected to existing West Timber Way in Redwood Creek as
proposed on the Preliminary Plat presented to Council on March 9, 1999. Seconded by
Guerber. Discussion. ALL AYE: MOTION CARRIES ............
G. Commercial plan review service contract: Council will review the quotes received for
plan review services and award a contract. (MLB)
Mayor introduces the issue.
Butler: Mike Mongelli has received three proposals and he would recommend Mortier
Engineering.
Bastian moves to approve a Contract with Mortier Engineering to provide services for
commercial plan reviews and that the Contract be approved and reviewed by the City
Attorney prior to the Mayor signing. Seconded by Merrill. Bastian: AYE; Merrill: AYE;
Sedlacek: AYE; Guerber: AYE: ALL AYE MOTION CARRIES ...............
H. 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 23, 1999 meeting.] (MLB)
Mayor introduces the issue. No one has heard from Mr. Guho. This item will be dropped from
the Agenda until such time that Mr. Guho is prepared.
7. PUBLIC HEARINGS:
A. RZ-11-98 - Rezone from A {Agriculture) to R-4 {Residential ) - Providence
Development Group: Providence Development Group, LLC, represented by Wayne S. Forrcy
with Hubblc Engineering, is requesting a rezone from A (Agricultural) to R-4 (Residential four
units per acre maximum). Thc 16.62-acre site is located on thc south side of Floating Feather
Road approximately ½-mile east of Eagle Road at 1200 Floating Feather Road. (MLB)
Mayor introduces the issues. Does any member of council have any ex parte contact or a conflict
of interest?
Scdlacck: This property is officially annexed into Eagle Sewer District last night and I was at
that meeting. I don't anticipate that there was anything said that we haven't already heard.
Mayor swears Wayne Forrcy in.
Wayne Forrey, Providence Development Group, applicant. Distributes a booklet for the Council
and displays overheads and discusses the same.
Butler: Displays an overhead of thc proposed development site and provides Council an
overview of thc project. Staff has made a recommendation of approval. Planning and Zoning
Commission recommends approval.
Mayor opens the Public Hearing.
Mayor swears the speaker in.
Mike Sieler, 1125 Steepleview Drive. Discusses the project and makes suggestions as to what he
would like to see in the development. I don't have any inherent objections as it fits with area.
Mayor: There are no written comments submitted.
Mayor closes the Public Hearing.
General Council discussion.
Merrill moves for approval of RZ-11-98 Rezone from A (Agriculture) to R-4 (Residential)-
Providence Development Agreement with a Development Agreement. Seconded by Sedlacek.
Discussion. Merrill withdraws her motion. Second concurs.
Council discussion on the Development Agreement. Council will hear testimony on the
Preliminary Plat and then complete their discussion on the Development Agreement.
B. PP-9-98 - Preliminary Plat for Eagle Knoll Estates - Providence Development Group:
Providence Development Group, LLC, represented by Wayne S. Forrey with Hubble
Engineering, is requesting preliminary plat approval for Eagle Knoll Estates Subdivision, a
16.62-acre, 57-1ot (52-buildable) residential subdivision located on the south side of Floating
Feather Road approximately V2-mile east of Eagle Road at 1200 Floating Feather Road. (MLB)
Wayne Forrey, Providence Development Group, Displays an overhead of the Preliminary Plat
and discusses the same. General discussion.
Butler: Planning and Zoning Commission has recommended approval. Discussion on the
project.
Mayor opens the Public Hearing. No one has signed up.
Steve Deckers, 2249 Dickie Circle. Discussion on his concerns about the plat. We need to look
at this development as if it were a part of a larger development. Need to consider lower density,
more open space and variance in lot sizes. There is no area for children to play.
Mike Sieler, 1125 Steepleview, My concern is access roads to floating feather and how the
development is laid out.
Wayne Forrey, displays the preliminary plat. Discusses the ACHD conditions. We comply with
the City zoning requirements.
Mayor closes the Public Hearing.
Council discussion.
Jim Murkel, Hubble Engineering. Discussion on the placement of the utilities. General
discussion.
Merrill moves to remand back to the Planning and Zoning with the comments stated
tonight with a Development Agreement. Seconded by Sedlacek. Discussion. 3 AYES: 1
NAY: MOTION CARRIES ..........
Bastian moves to reconsider this Motion with the opportunity to continue this to the next
meeting. Motion dies for a lack of a Second.
General discussion among the Council and applicants.
Bastian moves to reconsider the matter before us. Seconded by Merrill. ALL AYE:
MOTION CARRIES
Bastian moves to continue RZ-11-98 and PP-9-98 Preliminary Plat for Eagle Knoll Estates
to our next regular meeting. Seconded by Merrill. ALL AYE: MOTION
CARRIES ............
C. CU-8-98 -Conditional Use for Eagle Fire Department Additional Tower Height - Dan
Friend: Dan Friend, represented by Rocky Towle with Design Resources, is requesting
conditional use approval for a 50-foot high training tower to be attached to the Eagle fire station.
The .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. Does any member have any ex parte contact or a conflict of
interest?
Council Member Guerber is a Commissioner of the Fire District and excuses himself.
Mark Rabdau, Assistant Fire Chief, Eagle Fire Department. Provides an overview of the project
for the Council. We have asked the architect to lower the height of the tower to 42 feet. General
discussion.
Butler: Staff and the Planning and Zoning have recommended approval.
Mayor opens the Public Hearing.
Mayor swears the speaker in.
Mike Chase, 70 W. Floating Feather Road. I am in support of this. Our fire department needs to
be trained.
Mayor closes the Public Hearing.
Bastian moves to approve CU-8-98 50 foot high training tower for the Eagle Fire
Department with the Site Specific Conditions of Approval and the Standard Conditions of
Approval. Seconded by Merrill. ALL AYE: MOTION CARRIES ...........
7. NEW BUSINESS:
A. The Eagle Chamber of Commerce Board of Directors will present proposals for amending
the city sign ordinance.
Mayor: The Chamber of Commerce has requested a special meeting for next Tuesday at 6:00
p.m. to deal with this issue. We will schedule this meeting for March 16, 1999, at 6:00 p.m.
Council concurs.
B. FPUD-1-99 & FP-1-99 for a Final Development Plan and Final Plat for Banbur¥
Meadows Subdivision No. 2 - Harvey Hoff: Project Description: Harvey Hoff, represented
by Roy Johnson, is requesting final development plan and final plat approval for Banbury
Meadows Subdivision Phase 2, a 59-1ot (50-buildable) residential subdivision. This 19.22-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.
Merrill moves to continue FPUD-1-99 & FP-1-99 Banbury Meadows #2 to the next
regularly scheduled meeting. Seconded by Gnerber. ALL AYE: MOTION
CARRIES ............
Discussion on the Council Agenda for March 16t~ and March 23rd.
Guerber will not be present at the March 23, 1999, meeting.
C. Ada County/Eagle Sports Complex Park Agreement: (NM)
Merrill discusses the proposed Impact Fees from Hoffman. Hoffman will be here on the 23rd to
present their proposal. We are ready to implement our impact fees for parks.
City Attorney: The City has been dismissed from the Roundy lawsuit. Discussion on bills before
the Legislature.
8. ADJOURNMENT:
Bastian moves to adjourn. Seconded by Merrill. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council mee~/glg adjourned at 11:25 p.m.
Respectfully submitted: ,,~ ~ ~ ~,?~.~ ~':? %
CITY CLE~AS~R
APP/RI3VED:
PaCleYZA m ,
MAYOR