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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.