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Minutes - 1993 - City Council - 03/23/1993 - RegularEAGLE CITY COUNCIL MEETING March 23, 1993 Pre Council Meeting: Pre-annexation/Melvins Eagle Point #7. The location of the development is the E side of Edgewood, consisting of 186 lots, an area of approximately 40 acres, the zoning request is R4. The Council directed the developer to go through the process of annexation and zoning. A report was given by Jack Peterson, Chairman of the Eagle Recreation Task Force. Mr. Peterson presented the findings of the recreation survey to the Council. The survey indicates the greater number of members in families in the Eagle area and the interest in organized sports and recreation activities. The Committee members have been in contact with Nampa representatives working on recreation projects in Nampa. Councilman BASTIAN will become the liaison to the Committee working with the Nampa facilities to study the possibility of a recreation facility in Eagle. The primary function of the facility would be a new library building and outdoor activities and swimming. The P&Z report was given by Mary Berent. The Eagle City Council met in regular session on March 23, 1993. Mayor GUERBER presiding. The following members were present: RICK YZAGUIRRE, THOMAS EASON, STAN BASTIAN. Absent: KELLI BLAIR. Moved by YZAGUIRRE and seconded by EASON to approve the minutes of the March 9, 1993 meeting as presented. ALL AYE: MOTION CARRIED. Moved by EASON and seconded by YZAGUIRRE to approve the minutes of the March 16, 1993 meeting as presented. ALL AYE: MOTION CARRIED. PUBLIC HEARING/First Service Group, Inc./John Browning-Rezone Mayor GUERBER announced that this was the time and place set for a public hearing on the First Service Group, Inc. application for a rezone from R16 to R21. Applicant: John Browning Location: 1st. St. Eagle,(N/E corner of lot 5 of Schmelzer Add Proposal: Rezone from R16 to R21 Public Testimony: none Mr. Browning outlined the development of the property into a 4 plex with fencing along the N side of the property where the alley in order to discourage parking, and outlined the parking arrangements in the front portion of the project along 1st St. Discussion by Council took place on the previous application and that the density determination of R16 was incorrect for the number of units planned for the project. The public hearing closed at 8:10 p.m. Moved by BASTIAN to rezone the property from R16 to R21 subject to conditions of variances previously given in the Pope application of 1990 and staff conditions of approval. The motion died for lack of a second. Moved by YZAGUIRRE and seconded by EASON to deny the request for rezone from R16 to R21. AYE: YZAGUIRRE, EASON. NAY: BASTIAN MOTION CARRIED. STATE OF IDAHO DEPARTMENT OF TRANSPORTATION: Dick Critser presented the proposal of reclaiming the existing State gravel pit, located on Hill Rd. Mr. Critser indicated there still exists a 2 year project there, but after that time the site would be leveled, filled and graded, until then there will be no crushers and the workers will respect the request of the neighbors to work only daylight hours. They would like the City of Eagle to consider purchasing the land for a park or development. HOPE LUTHERAN CHURCH-Extension of time on CUP application for a mobile home use as classrooms and storage. Wayne Swanson, church representative, requested the extension of time on behalf of the Church. He indicated that in the near future they may want to sell the property and relocate the church, but until then the mobile facility was essential. Moved by BASTIAN and seconded by YZAGUIRRE to grant a one year extension of time, with the provision that if the church sells it is understood the CUP will lapse, the mobile home will have to be removed. ALL AYE: MOTION CARRIED. DOWDING LOT SPLIT Ray Dowding approached the Council on his property located on Eagle Glen Rd. He would like to split the property. The area is identified by sections A,B and C. The section known as C has been split recently and cannot be split again. The sections A & B are subject to split. The Council agreed there would be no problem in the split as long as it meets the density and setback requirements of the City of Eagle. BUILDING INSPECTOR CONTRACT: After discussion regarding the renewal of the contract, workers compensation and building inspector charges and the possibility of a building inspector employed by the City a motion was made by BASTIAN to renegotiate the contract with Daunt Whitman. The motion died for lack of a second. Moved by YZAGUIRRE and seconded by BASTIAN to table this issue until the next regularly scheduled Council meeting in order to have Daunt Whitman, the Building Inspector present to discuss the terms of the contract. ALL AYE: MOTION CARRIED. ECHO CREEK-FINAL PLAT PHASE Moved by YZAGUIRRE and seconded by EASON to approve the final plat for Echo Creek with the standard City of Eagle Subdivision Conditions plus a condition that the park included in phase 2 be furnished with playground equipment. ALL AYE: MOTION CARRIED. DESIGN REVIEW APPLICATION/ROBERTS SQUARE The Roberts project, a commercial project at the corner of Second St. and State St. was presented by the project architect, Duane Johns, J.& M. Architects. It was noted that the application was incomplete without an agreement for parking spaces in the Eagle Foodtown parking lot, as the project will not meet the parking requirements without additional parking provided by the Eagle Foodtown and there is no sign design included in the application. Moved by YZAGUIRRE and seconded by EASON to approve the application conditioned on the staff conditions, receiving an agreement with Eagle Foodtown forthcoming and the understanding a new Design review application will have to be submitted on the sign. ALL AYE: MOTION CARRIED. Moved by EASON and seconded by BASTIAN to reconsider the motion made on the rezone application made by the First Service Group, Inc. by John Browning. ALL AYE: MOTION CARRIED. Moved by EASON and seconded by BASTIAN to approve the rezone from R16 to R21 with the condition there be initiated a development agreement between the City and developer, and to comply with those items initiated by Lyle Pope in the original application granting the rezone and variances. The Council will need the record researched but believe those conditions include the following: 1 the buildings will be one level 2 parking spaces will be paved. 3 the project will be fenced 4 there will be no parking in the alley 5 there will be a picnic area and a barbecue pit in the back 6 landscaping will be incorporated in the design as shown in the plan. There may be additional conditions. The City Clerk was asked to research the record and include other conditions that were agreed to in the original application. ALL AYE: MOTION CARRIED. UNFINISHED BUSINESS: Findings of Fact and Conclusions of Law/Longson Townhomes. Moved by BASTIAN and seconded by YZAGUIRRE to approve the findings and conclusions as presented. ALL AYE: MOTION CARRIED. PARK BIDS: The park bids were reviewed by Council. The City Attorney indicated that park maintenance is a personal service and there is a question as to whether park maintenance needed to be bid out since personal services do not need to meet the bid requirements. A motion was made by YZAGUIRRE and seconded by EASON to accept the Trautman bid. Trautman's have been maintaining the parks and City Hall grounds, and have done an excellent job. The Barker bid includes subcontracting with Chemlawn for fertilization, Trautman Landscaping is licensed to do that work. The difference in the bids is minimal. The Trautman bid was $7,599. and the Steven Barker bid was $7,056. There is not enough difference to initiate a change. ALL AYE: MOTION CARRIED. Moved by EASON and seconded by YZAGUIRRE to continue the Lee Evans request until later in the agenda in order to give Mr. Evans time to study the conditions of approval in the staff report. Mr. Evans has not had an opportunity to see them until now. EDGEWOOD ESTATES - FINAL PLAT PHASE 1 The project was outlined for the Council by Don Hubble, Project Engineer for Edgewood Subdivision. Mr. Hubble spoke about the streets, and street lights. He also said the water would be provided by the Eagle Water Co., if that is not possible they are prepared to install a private system. The Landscaping plan will be presented to the Park/Tree Committee, and they will meet with the Pathway Committee on the landscaping of the drainage ditch. Mr. Hubble was reminded of Eagle City Code 6-5-23, Donation of Water Systems to the City by BASTIAN. He indicated he was familiar with the Code. Moved by YZAGUIRRE and seconded by BASTIAN to approve phase 1 subject to the City Standard Conditions of Subdivision and all other City Code provisions. The condition placed on the preliminary application providing for fencing of the drainage ditch will be left to the discretion of the developer to decide. ALL AYE: MOTION CARRIED. LEE EVANS DEWATERING PUMPS (continued) Mr. Evans is asking for consideration in erecting a metal building in a C2 district for the purpose of storage and a workshop. The building will not be used for commercial purposes. Code provisions were provided Mr. Evans from ECC 8-3-1 the Performance standards on maintenance of the property. Moved by BASTIAN and seconded by YZAGUIRRE to permit the building as proposed with the staff conditions provided tonight. ALL AYE: MOTION CARRIED. ADDITIONAL REPORTS Attorney report: The Ada County Sheriff Fee is still being discussed. The Lexington water permit was discussed. It appears that Lexington needs to secure a second water permit in order to be able to retain water in the ponds. There needs to be an agreement between the City and Lexington for a delivery system for that water, but the permit itself should be secured by Lexington for filling the ponds, as an exclusive use. This would relieve the City from monitoring the system use and putting the current permit in jeopardy. There are some differences of opinion on the intent of the contract having to do with the ponds, we interpret it different than how they are interpreting it. It is a narrow interpretation. One of the ponds has a lining because of the proximity of the well (within 500 ft.). The City Engineer must advise the City if the pond lining needs to be kept wet. There seems to be some question on that. If, in fact it needs protection, the City of Eagle should seek an amendment to the permit for the one pond and the lining. Moved by EASON and seconded by YZAGUIRRE to instruct the attorney to rectify the problem of the water permit with the developer and have them proceed, rather than the City, to take the responsibility. ALL AYE: MOTION CARRIED. The hearing on Redwood Creek took place, she hopes to have a report on the Redwood Creek court decision next week. She spoke to Bob DeShazo, who will speak to Council on putting a cap on the contract for the lowest price on the appraisal and she will speak to Stan McHutchinson and Bob Hildeman on the highest price agreed upon in order to have a floor and ceiling. The franchise was discussed also. Bob DeShazo will provide the insurance and agreed to post the bond on construction activities. The franchise fee will be presented to the City by him for Council input. The bond issue should be ready for voters at the end of May or first part of June. Discussion regarding what is a water system came up. Mona will look into the definition of "water system" for Council. MAYORS REPORT: Mayor GUERBER discussed the dedication of the Flag Plaza in conjunction with Eagle Fun Days. There will be a fourth flag as the City of Eagle has been designated as a 1992 Tree City USA and will be awarded a flag which will be presented to the City by Michael Brady, State Forester,s Office. This presentation should be at the Eagle Fun Days dedication also. COMMITTEE REPORTS: The library report included the need to study the possibilities of a new building for the library. YZAGUIRRE will be meeting with Eagle Quest on April 13. EASON reported on the Transportation Task Force meeting in which the roadways in City of Eagle were discussed. ACHD asked for priori the ~J~ ~es froot. Committee. The Pathway on Eagle Rd. N. to ~ wes also discussed. Committee members were asked for clarification on that pathway, whether the pathway was to be on the west side or east side. YZAGUIRRE said it was always the intent to have the pathway on the west side of Eagle Rd. The roadway priorities were set as follows: 1. Eagle Rd, State to P~5~n~3~F~_at..~_r 2. Hill Rd., Edgewood to existing 55 3. Floating Feather, Ballantyne to Edgewood 4. Ballantyne, State to Floating Feather 5. Eagle, Floating Feather to Beacon Light Other projects were the Hill Rd, Edgewood to Stierman and Willowwood Extension east of Eagle Rd. CLAIMS AGAINST THE CITY: Moved by BASTIAN and seconded by YZAGUIRRE to approve the claims as presented. ALL AYE: MOTION CARRIED. There being no further business the meeting adjourned at 10:10 p.m. Respectfully submitted: BARBARA MONTGOMERY EAGLE CITY CLERK AP '"' ED.'~ MAYOR STEVE GUERBER '~