Minutes - 1995 - City Council - 11/14/1995 - RegularCITY COUNCIL MEETING
November 14, 1995
Pre Council:
Library Budget: C~ry Barnes spoke for the Library Board members in
attendance regarding the salary increase approved by the Board for
the Librarian and Assistant Librarian. He indicated Ann is a
Library Director and the increase in salary reflects a director
salary. The Board conducted a poll of what directors are paid.
YZAGUIRRE pointed out the Council has not seen these figures and
would like them put before Council. The Board will supply the
figures at the next Council meeting.
Proposed Amendment to the Eagle Zoning Ordinance-discussion: Dick
Phillips addressed a proposed PUD ordinance amendment allowing
successive segments in a final development plan for a PUD rather
than total development in one phase. The Council agreed this item
should go before the P&Z as a public hearing initiated by the City.
Engineers Report: Tennis Court Lights bid: A11oway Electric is the
low bidder. Phase I at $1,860 and phase 2 at $6,409. Eagle
Electric was the second bidder. Phase I at $2,800 and phase 2 at
$10,500.
Kestral Cove: After discussion the Council agreed that the Letter
of Agreement which was introduced for Council consideration by the
City Engineer was acceptable, providing the covenants are amended
to make the developer responsible for the drainage concerns in the
future, and should include Ms. Sharp's expenses in the agreement.
Subway Shop: Removal of the tree and tree well: Should go back to
Design Review/Landscaping approval. The tree was removed and was to
be replaced, but was not. There is a question regarding the water
hook up for the tree also. Stan will write a letter outlining the
violations.
The engineer is proceeding with the installation of a light in the
rear of the building.
Council meeting:
The Eagle City Council met in regular session on November 14,1995,
Mayor GUERBER presiding.
The following members were present: RICK YZAGUIRRE, STAN BASTIAN,
MORGAN MASNER. Absent: THOMAS EASON
Moved by YZAGUIRRE and seconded by MASNER to approve the minutes of
the October 24,1995 meeting as presented. ALL AYE: MOTION
CARRIED.
UNFINISHED BUSINESS:
Findings of Facts and Conclusions of Law:
1. Aerie Condominium Subdivision - CUP Preliminary Plat
2. Eagle United Methodist Church - CUP
3. Great Sky Estates Clubhouse - CUP
Moved by BASTIAN and seconded by MASNER to approve the findings as
presented. /LLL AYE: MOTION CARRIED.
Moved by BASTIAN and seconded by MASNER to move items A & B, number
7, to be discussed at this time. ALL AYE: MOTION CARRIED.
Ada County Transmittal 95-81-CU Accessory Building/Reimbolt
Ada County Transmittal 95-83-CU Accessory Building/Band
Moved by BASTIAN and seconded by MASNER to approve the transmittals
as presented. ALL AYE: MOTION CARRIED.
PUBLIC HEARING/Lexington Hills Subdivision- Phase 7 and 8,
Preliminary Plat:
Mayor GUERBER announced that this was the time and place set for a
public hearing on a preliminary plat for phases 7 and 8 of
Lexington Hills Subdivision.
Applicant: Lexington Hills, Inc.
Location: 1815 E. Stonybrook, Eagle, Idaho 83616 (North side of
Floating Feather Road between N. Park Forest and N. Seven Oaks)
Representative: Roylance & Associates
Type of Application: A preliminary plat application for Lexington
Hills No. 7 and 8, PUD Cluster Housing, 62 lots on 13.97 acres for
a gross density of 4.43 lots per acre in two separate areas in an
existing R4 zone.
Representative: Dave Roylance, project engineer, stated #7 is north
of Floating Feather Rd. and W.of Seven Oaks. He outlined the PUD
and density transfers. The set backs are 5 ft. side, rear 15 ft.
and front 25 ft. where the garage is, but living room or other at
15 ft. ( extending further to the street).
Public Testimony:
Opposed:
Jim Borten
Ken Roberts
Pamala Dillon
In favor:
Dennis Whitmore
Jim Band
Nancy Merrill: P&Z member
Written Testimony: none
Concerns of the public: Developer told the property owners that
this area would be small homes, plat in Lexington outlined common
area around the border of existing homes to south and east, believe
the present homeowners were misrepresented on the overall plan,
lowers standards and devalues property.
Public hearing closed at 9:20 p.m.
Moved by BASTIAN and second by YZAGUIRRE to
preliminary plat for Lexington Hills PUD/Subdivision
#8 with the following conditions:
approve the
Phase #7 and
1. Requirements of the City Standard Subdivision Conditions of
Approval, with the exception of those conditions in conflict with
this motion..
2. 25 ft. set back on the north side of the property and on the
east side of the property of phase #7 and that all the houses on
the north (Shalimar) and east (Ellington) will be single level
homes.
3. A path be provided within the subdivision to go to the school,
with the school officials approval, in phase #7 and #8.
4. That the side setbacks be 5 ft. for single story and 7 h ft.
for 2 story homes; that the rear setbacks be a minimum of 15 ft,
the front setbacks, except with the garage area and driveway which
will be 25 ft., be 15 ft. setbacks.
5. All ACHD conditions be complied with as well as all other
agency requirements..
AYE: YZAGUIRRE, BASTIAN. NAY: MASNER. MOTION CARRIED.
Mayor GUERBER announced that this was the time and place set for a
public hearing on a rezone and development agreement in order to
establish a grocery store.
MASNER: Declared he may have a conflict of interest and asked the
advice of the City Attorney and the Council. The City Attorney
believes that according to the Land Use Planning Act there is a
conflict.
MASNER will declare a conflict and abstain from the issue.
PUBLIC HEARING/Albertsons Grocery Store-Rezone and Development
Agreement:
Applicant: Albertsons Inc.
Location : Near the northeast corner of Eagle Road and the future
Eagle Alternate Route (bypass).
Type of Application: Rezone from R5 to C2 with a Development
Agreement.
Don Knickrehm, Project Attorney for the applicant, addressed the
Council. Ken Mortensen also addressed the project to Council.
Public Testimony:
Opposed:
George Emerson
Archie Nyhill
Chuck Bower
Mike Wortman
Glida Bothwell
Sheri Sharp
In Favor:
Robert Shaffer
Jerry Peterson
Allen Bendawald
Dan Frison
Joe Schrieber
Ron Marshall
Pauline Hinman
Karen Kronk
Dave Butzier
Carl Wonacott
(petition of 40)
Pat Doby, Engineer for the project addressed the traffic issue on
Eagle Rd. and State St.
Written testimony: Mike Wortman-masonry fence preferred, Carolyn
Craven-not opposed to proposal, but opposed to size and location of
sign, not in harmony with turn of the century motif, Alan & Becky
Bendawald, in favor of project.
Concerns of the public: traffic is a threat to existing shops, i.e.
Eagle Drug Store, Eagle Food Town, etc., rural atmosphere lost,
conflict with the Comprehensive Plan, desire for a masonry wall on
the north side, hours of operation were of concern.
Public hearing closed at 10:40 p.m.
Moved by YZAGUIRRE and seconded by BASTIAN to approve the rezone
and development agreement subject to the recommendations of the
Eagle Landscape Committee and the P&Z Commission as follows:
1. That the berm along Eagle Rd. will be 3 ft. (The plan approved
is based on the plan dated 10/12/95)
2. Masonry fence along Second Street
3. Wood fence to the North
4. ACHD and ITD requirements be met
5. Corrections as designated in the Development Agreement, section
3.2.5(b) 1. The building shall "not", "with A mezzanine
permitted"
AYE: YZAGUIRRE, BASTIA_N ABSTAIN: MJtSNER MOTION CARRIED.
NEW BUSINESS:
Gibbons, Scott and Dean - Auditors Contract:
Moved by BASTIAN and seconded by YZAGUIRRE to approve the contract
as presented. ALL AYE: MOTION CARRIED.
ACHD Residential Neighborhood Enhancement program:
The Council asked that the homeowners associations, chamber, and
Eagle Quest be informed. They may have some issues to include.
Bring back next time. The City Clerk will get some information out
to the homeowners associations and chamber. YZAGUIRRE will
contact Eagle Quest.
Eagle Senior Citizens Van Use Agreement: attorney to make
adjustments and take to Seniors and back next time.
Revenue Line Item Adjustment/Library Carry Over:
Library carry over from $123,300. to $131,300., and general fund
carry over $555,000. to $565,000. Moved by MASNER and seconded by
YZAGUIRRE to approve the line item change as presented. ALL AYE:
MOTION CARRIED.
Reports: Attorney - Hiatt$: The City Attorney suggested a hearing
date set and an order to show cause for revocation of the CUP.
Mona will write them a letter indicating lack of good faith and
when the date expires there is no opportunity for renewal of the
CUP.
YZAGUIRRE: asked for a waiver of fees for the upcoming CUP proposal
on behalf of the Fire District for a new fire station on Floating
Feather Rd. The City Clerk will check with the Building Inspector
regarding fees and suggested all hard fees be paid by the district.
Discussion took place regarding a change in State law that the
Mayor and Council should be elected only upon receiving a majority
of votes. The Council should entertain to seek a sponsor for
legislation.
City Clerk: Middle School: speeding (reported to the sheriff),
ACHD/flashing light (ACHD is working on it)
State St: painting the curbs (ACHD discontinued doing this years
ago. They will not do this, suggest the Council consider no
parking signs i.e Eagle Rd too). Nancy Merrill suggested the
scouts could do the painting.
Public Utilities: John McFadden to appear before Council, at pre-
council agenda, on November 28 to discuss the PUC in connection to
the water issue.
Summers: report from Boise will be given at the next Council
meeting.
Election: the suggestion to consider splitting the precinct was
discussed.
Moved by YZAGUIRRE and seconded by BASTIAN to go into Executive
Session regarding Personnel. ALL AYE: MOTION CARRIED.
The Council adjourned to executive session.
The Council reconvened to regular session at 12:45 p.m.
MASNER suggested and YZAGUIRRE agreed that the Council consider
amending the Policy Manual to read that the word ~supervisor" in
reference to the City Clerk be abandoned and the word "City Clerk"
be used, further that all overtime hours accumulated to date be
paid at this time. The Policy Manual should reflect that all
overtime be paid at time and one half after 40 hours a week. Any
overtime hours must be approved by the Council with the exception
of all P&Z, Council meetings, including special P&Z or Council
meetings and elections. There will be established on the budget an
overtime line item to accomodate all overtime hours. The Council
agreed unanimously.
Moved by YZAGUIRRE and seconded by MASNER to approve the bid
presented by the City Engineer on the tennis court lights to
Alloway Electric. ALL AYE: MOTION CARRIED.
CLAIMS AGAINST THE CITY: Moved by MASNER and seconded by YZAGUIRRE
to approve the claims~p.~resented. ALL AYE: MOTION CARRIED.
There being no f~7~,'~blws~n~j~ the meeting adjourned at 12:50 p.m.
e m%~ted:.~' , ,~ ~ .~
~PPRO~D:
~YOR STE~ GUERBER