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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