Minutes - 1994 - City Council - 05/24/1994 - RegularEAGLE CITY COUNCIL MEETING
2%, 1994
Pre Council~ Dick Critzer, ITD representative spoke to the Council
on the Echohawk Subdivision development. He told the Council there
was some information that needs to be addressed by the developers
and ITD. There are 2 problems with the subdivision, the noise and
the drainage. Both areas have not been addressed appropriately.
They will meet with the developers. The Council will reconsider
the matter in regular session.
Robert Linchardt, also a ITD representative gave the Council an
update on the Eagle Road project. The Eagle portion is not on the
plan at this time.
Dave Butzier, Centennial Engineer updated the SH 55 realignment
with the Council and projected the project to begin in 199§ to
1996.
The P&Z report was given by Mary Berent.
Recreation will be discussed in regular session
The City Clerk asked if the Council would honor a request to write
a letter to the Dept of Alcohol Beverage sanctioning a beer garden
located on N First St. at the Bank Club location. The Council
denied the request.
Water System Transfers A proposal was made by Rick Smith, attorney
for Lexington Hills, Inc. on behalf of the developers of Lexington
and Echo Creek. He summarized the alternatives to solve the
problem the Council and developers are dealing with at this time
with the water transfer.
The Eagle City Council met in regular session on May 24, 1994.
Mayor GUERBER presiding.
The following members were present:
STAN BASTIAN, MORGAN MASNER.
RICK YZAGUIRRE, THOMAS EASON,
Moved by BASTIAN and seconded by MASNER to approve the minutes of
the May 10, 1994 meeting as presented. ALL AYE: MOTION
CARRIED.
Moved by YZAGUIRRE and seconded by MASNER to approve the minutes of
the May 11, 1994 meeting as presented. ALL AYE: MOTION CARRIED.
PUBLIC HEARING/SWANSON - CUP/Rezone from R5 to C1
Mayor GUERBER announced that this was the time and place set for a
public hearing on the Swanson application for a rezone and
Conditional Use Permit
Applicant:
Location:
Proposal:
Wayne Swanson
1/2 mile west of downtown Eagle
CUP: from R5 to C1, for a 230 MINI-STORAGE FACILITY,
approx. 3 acres, 200 covered units and 30 parking spaces,
REZONE: the existing residential building will be
remodeled and rented to Coldwell Realty for a real estate
office. The barn will be removed entirely.
Public Testimony: Opposed: Ed Rocknowski, Helen House, Jerry
Potter, Joey Cullen, Cathy Horting. In Favor: Steve Hiatt
Public hearing closed at 7:55 p.m.
Moved by MASNER and seconded by BASTIAN to deny the application
based on ECC 8-2-1, which establishes that C1 is a Neighborhood
Business District to establish convenience business uses which tend
to meet the daily needs of the residents of the immediate
neighborhood.---This business does not meet a daily need. Also,
ECC 8-7-3-2.C ---to be harmonious and does not change the
essential character of the same area--.
ALL AYE: MOTION CARRIED.
PUBLIC HEARING/SCOTT'S GLEN SUBDIVISION - Rezone from A to AR and
a Subdivision Preliminary Plat
Mayor GUERBER announced that this was the time and place set for a
public hearing on the Scott's Glen Subdivision rezone and
preliminary plat.
Applicant:
Location:
Proposal:
Barry Peters
Eagle Island, approximately 1 (one) mile W. of Eagle
Rd. on Mace Rd.
Zoned A, 28.12 acres, 4 lots, 4 to 5 acres set aside
for a pond to be located in the center of the
Subdivision. An average of 7.2 acres per lot. The lots
are located in the floodplain and floodway
Barry Peters, the applicant and Dave Roylance, Project Engineer
addressed the proposed subdivision and rezone to the Council. Mr.
Peters indicated he knew 3 problem areas to be resolved, the sewer
and septic issue, the Mace Rd upgrade and the floodplain/floodway.
This subdivision is a family oriented project. The sewer is not
affordable or available at this time. A septic system is
acceptable with CDH to use. If the sewer is available prior to
building they will connect to the sewer. The road is a subgrade
road. ACHD approved a plan to improve Mace Road to backside of the
Quarter Circle D.J. Ranch to collector road status and the
remainder of the road to be brought up to rural road status to the
State Park. The funding would be accomplished by a trust fund
assessments and impact fees. Half of the property (the westerly
part) is in the floodway. M-itigation steps must be taken to
prevent pushing floodwaters on neighboring properties.
Public Testimony: no testimony given.
Public hearing closed at 8:30 p.m.
Moved by MASNER and seconded by EASON to deny the application,
the FEMA requirements are vague, the project violates sections of
the Eagle Comprehensive Plan, 1993: COMMUNITY DESIGN: (#4)
Floodways shall be reserved as a natural state such as a greenbelt,
wildlife habitat, open space recreational area and for agricultural
uses, the Eagle Planning and Zoning recommendations requiring a
specific access easement for lot #3 and ACHD requirements including
bonding and the concerns of the Dept. of Water Resources.
AYE: YZAGUIRRE, EASON, MASNER. NAY: BASTIAN. MOTION C~LRRIED.
PUBLIC HEARING/WINTRY RIVER CROSSING
Plat
Subdivision Preliminary
Mayor GUERBER announced that this was the time and place set for a
public hearing on the Wintry River Crossing a subdivision
preliminary plat.
Applicant: Doug Jayo
Location: Southwest corner Floating Feather & Eagle Road
Proposal: R5 (residential), 53.81 acres containing 89 lots, 6
open spaces (including Island lot), 1.65 dwelling units
per acre, 1.85 lots per acre gross density, 3 building
lots are in the floodway
Steve Bradbury, Attorney for the applicant outlined the proposal to
the Council. Additional information regarding the project was
given by Doug Jayo, the applicant, and Joyce Gebhart, a Certified
Wildlife Consultant. Mr. Bradbury said the developer intends to
approach FEMA for a map revision to remove the floodway designation
from lots on the west side of the subdivision. If FEMA denies the
application there will be no building there. Joyce Gebhart stated
there may be an enhancement to the wildlife the subdivision would
constitute a "shift" to urbanized bird life from the rural riparian
zones. The developer is willing to create a natural landscaping
design by planting various types of grasses, shrubs and trees.
Public Testimony: Opposed:
Corniola, Gabe Holmquist,
Buschert
Frank Stoppello, Peggy Holmquest, Dave
Cliff Stephenson, Russ Buschert, Jan
In Favor: D.K. Allen, Helen Allen, Dan Mabe, Doug Delong
Written Comments/opposed: Glida Bothwell
Concerns of the public: noncompliance with the comprehensive plan,
wildlife, water overflow, sensitive area to the community, natural
resources, preservation of open space.
Public hearing closed 9:45 p.m.
Moved by BASTIAN and seconded by YZAGUIRRE to continue the matter
until the next Council meeting in order to form a Committee is and
meet on these matters. There should be a representative of the
developer, a representative of Downing Downs Subdivision, a Council
representative the City Engineer and other interested parties to
work out a solution to the issues that separate the parties. The
motion was amended to include that the public hearing will reopened
until the additional information has been received. ALL AYE:
MOTION CARRIED.
**Those members of the Committee are as follows: Rick Yzaguirre,
MorganMasner, Stan McHuthinson, Cliff Stephenson, Dave Miller, and
Joyce Gebhardt.
Rick Yzaguirre will be responsible for making the arrangements to
meet.
ROBERTS SQUARE-Extension of Time: Moved by EASON and seconded by
MASNER to grant an one year extension of time. ALL AYE: MOTION
CARRIED.
SEVEN MILE LOUNGE: Bill Hodges, the new owner, addressed the
Council regarding plans for the property as follows:
1. Fencing Condition - to build a 6 ft. cedar fence on the N side
of the property to be completed by July 30, 1994
2. Screening of exterior storage areas - no plans except the
area which will be screened by July 30, 1994
3. Paving of property - will grade and apply dust free road mix
at this time, will pave in 2 years
4. Drainage - would like to wait for additional drainage until
the over-all redevelopment of the property, approximately 2
years
5. Access - northern most access point on Eagle Rd. will
install concrete curb cut at that point by August, 1994
6. Maintenance - will maintain at all times
7. Landscaping will install a sprinkler system and landscape
the property by July 30, 1994
8. Lighting - asked for waiving of any further lighting
9. Parking - will abide by the City Parking requirements
10. Will comply with Design Review Standards
11. Will submit a landscape plan by June 30 and completion of
landscaping by July 30
12. Sidewalk ramps have been installed
He will submit a whole new development plan to the City, but needs
flexibility in time in order to accomplish that. He expects to
accomplish this in 2 1/2 years but would like to have a time limit
of 5 years to accomplish a complete development plan. He will
abandon the existing sign.
Moved by MASNER and seconded by YZAGUIRRE to extend the time frame
as follows:
1. extend the time frame for fence and wall for July 30
3.
4.
5.
6.
screening exterior storage to July 30
access to be completed by August 30
landscaping by July 30
development plan by July 30
provide lighting to the back of the property by attaching
lighting to the existing pole on the back eastern portion of
the property by September, 1994.
BEER AND WINE LICENSE - EAGLE FLOP~AL: Moved by MASNER and seconded
by EASON to approve the beer and wine license as requested. ALL
AYE: MOTION CARRIED.
ZURCHER PLAZA - Design Review Application
Moved by BASTIAN and seconded by YZAGUIRRE to approve the Zurcher
Design Review application with conditions presented tonight
subject to the approval of the Eagle City Landscaping Committee.
ALL AYE: MOTION CARRIED.
ECHOHAWK SUBDIVISION - Council reconsideration:
Moved by MASNER and seconded by BASTIAN to reconsider approval of
the subdivision. ALL AYE: MOTION CARRIED.
Moved by BASTIAN and seconded by EASON to modify the original
approval to include conforming with the recommendations of the
State of Idaho Transportation Dept. ~uidelines concerning drainage
solutions and noise barriers. ALL AYE: MOTION C~LRRIED.
FINDINGS OF FACT AND CONCLUSIONS OF LAW: Moved by YZAGUIRRE and
seconded by EASON to approve the findings presented tonight on the
Frison Variance and Berkshire - Annexation, Zoning and
Preliminary Plat. ALL AYE: MOTION CARRIED.
COMMERCIAL CONDITIONS OF APPROVAL: Moved by YZAGUIRRE and seconded
by BASTIAN to continue the matter until the next Council meeting.
ALL AYE: MOTION CARRIED.
RECREATION CONTRACT: Moved by EASON and seconded by BASTIAN to
approve the contract presented by the attorney without
modifications. ALL AYE: MOTION CARRIED.
The City Attorney pointed out a conflict with the contract and
recreation policy. She recommended removal of the item titled
purchasing guidelines, General Purchases (up to $100) from the
recreation policy, and replace that section with the guidelines of
the contract. The employment contract reads "In addition to
purchases specifically approved the Employee is hereby authorized
to draw from the City treasurer monies not to exceed $100 for
incidental fees." Moved by EASON and seconded by BASTIAN to
approve the amendment to the policy as indicated by the City
Attorney. ALL AYE: MOTION CARRIED.
CITY PLANNER CONTRACT: Moved by BASTIAN and seconded by MASNER to
continue the planners contract until changes have been made by the
City Attorney regarding the insurance clause. ALL AYE: MOTION
CARRIED.
RICKS RIVER RIDGE (FINAL PLAT)
Moved by EASON and seconded by BASTIAN to approve the final plat
subject to all City conditions of approval as well as City Codes
with the exception of a pressurized irrigation system, and to shift
the water rights from Ricks River Ridge to VanEnglen Estates
Subdivision #1. ALL AYE: MOTION CARRIED.
Moved by EASON and seconded by MASNER to consider the Lexington
issue at the end of the session. ALL AYE: MOTION CARRIED.
ORDINANCES:
ORDINANCE #237: Moved by BASTIAN and seconded by MASNER to
continue the third reading in order to clarify the Ordinance
descriptions of properties to be annexed. ALL AYE: MOTION
CARRIED.
ORDINANCE #244: continued
ORDINANCE 246: Moved by YZAGUIRRE and seconded by MASNER to
dispense with the three day ruling and consider Ordinance #246 at
this time. ALL AYE: MOTION CARRIED.
Moved by YZAGUIRRE and seconded by MASNER to adopt Ordinance #246
an annexation and zoning Ordinance, annexing and zoning the
Berkshire Development. ALL AYE: MOTION CARRIED.
ARBOR DAY PROCLAMATION: Moved by BASTIAN and seconded by to
approve the proclamation as presented. ALL AYE: MOTION CARRIED.
ATTORNEY'S REPORT: The law suit against Boise regarding the
Brighton Corp. was filed today.
Mayor GUERBER asked staff to obtain bids from our present insurance
carrier and ICRIMP (Silver Key Ins) for the next budget year.
Ada County is interested in an agreement that would allow the City
of Eagle to develop the old Tertling property and Boise operate a
recreation program that will include Eagle residents. A joint
powers agreement would need to be executed, since this property is
not in the Eagle Area of Impact. Mayor GUERBER and Mona will meet
on this matter and bring it back to Council.
CLAIMS AGAINST THE CITY: Moved by EASON and seconded by MASNER to
approve the claims as presented including the surrey for Council
members on Eagle Fun Day. ALL AYE: MOTION CARRIED.
Moved by EASON and seconded by MASNER to approve the expenditure of
a sprinkler system for the Arboretum up to $5,000. ALL AYE:
MOTION CARRIED.
RECREATION:
The Attorney recommended holding the church cleaning payments until
we find out what it is. Until Jo Bolen undertakes the
reconciliation audit of the time put in for the church and
overtime, the Council may be able to back some of the overtime out.
The overtime in question is time over 20 hours not over 40 which is
significant as far as being entitled by the FLSA. The City should
not recognize any overtime (comp time) until the auditor has
reconciled the church books. No authorization will be given for
overtime. Any overtime should be paid after 40 hours not after 20
hours.
The Council adjourned to executive system to discuss the
LEXINGTON HILLS - the water system transfer and personnel matters.
The regular session reconvened at 11:50 p.m.
There being no further business the meeting adjourned at 12:00 p.m.