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 '~