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Minutes - 1995 - City Council - 05/23/1995 - RegularEAGLE CITY COUNCIL MEETING May 23, 1995 Pre Council: Sheriff's report: Lt. Dale Woodcook spoke about Eagle Fun Days scheduling of the sheriff's deputies on duty that day. Lt. Woodcook met with the principle of the new high school to schedule a meeting with the high school students at the beginning of the school year to discuss highway rules. They will follow this up with high traffic patrol with warnings, followed up by actual ticketing. The Eagle Nursery burglary was addressed. P&Z report~ Mary Berent Bill Cohen, Bench Valley Study Co~ttee, and Technical Advisory Co~--ittee member addressed the study and introduced Dave Sztlett, and Dave Butzier. Mr. Butzier displayed the different options sited in the study and discussed them by priorities. The Hill Road project was outlined by Dave Sztlett. The consultant will be in this area on Tuesday or Wednesday if the Council wants to meet with them. The consultants are, JHK and Associates, a traffic engineering firm. The Council would like to meet with the consultant on Tuesday, May 30 at 3:00 p.m. The Eagle City Council met in regular session on May 23, 1995. Mayor GUERBER presiding. The following members were present: RICK YZAGUIRRE, BASTIAN, MORGAN MASNER. Absent: THOMAS EASON. STAN Moved by BASTIAN and seconded by MASNER to approve the minutes of the May 9, 1995 meeting as presented. ALL AYE: MOTION CARRIED. Moved by MASNER and seconded by BASTIAN to move the new business item lot split/Hodges for consideration at this time. ALL AYE: MOTION CARRIED. LOT SPLIT: Bill Hodges addressed the use of the lot and requested a lot split. Moved by MASNER and seconded by YZAGUIRRE to approve the lot split as proposed. ALL AYE: MOTION CARRIED. Ada County Transmittal 95-30-CU - Gipson/Boehm Corp. (Fox Tail Golf Course) Moved by YZAGUIRRE and seconded by MASNER to approve the Ada County Transmittal subject to paving before or at the time of inclusion of an 18 hole golf course. ALL AYE: MOTION CARRIED. BOISE RIVER ORDINANCE: YZAGUIRRE introduced the ordinance to Council. He recommended the ordinance be reviewed by the city attorney and asked that to be authorized by Council. Moved by YZAGUIRRE and seconded by BASTIAN to authorize attorney review of the ordinance. ALL AYE: MOTION CARRIED. The city attorney estimated the ordinance would cost $1,500 and take approximately one month to 6 weeks to bring it back to Council. PUBLIC HEARING/Streamside Subdivision - Rezone, Preliminary Plat, Floodplain (continued): Mayor GUERBER announced that this was the time and place set for a public hearing on Streamside Subdivision continued from the April 25, 1995 meeting. Public Testimony: Chuck Ferguson: questions on flood control access to maintain the river channel. Bill Selvage, authorized agent for the project, addressed the FEMA portion of the development. Public hearing closed at 8:10 p.m. Moved by BASTIAN and seconded by YZAGUIRRE to approve the rezone, and preliminary plat subject to the following: 1. conditions of P&Z. 2. the Eagle City Subdivision Conditions of Approval. 3. the final plat have depicted on it specific building envelopes for future construction, and be established in such a way that the riparian easement and that sensitive area is not adversely affected. ALL AYE: MOTION CARRIED. PUBLIC HEARING/Hodges Rezone and Development Agreement (Eagle Country Plaza): Mayor GUERBER announced that this was the time and place set for a public hearing on the Hodges rezone from Ri to C2. Applicant: Bill Hodges/Western Realty Advisors Proposal: Rezone from Ri to C2 proposing a retail center adjacent to the 7 Mile Inn be rezoned for the purpose of a retail center, including a country grocery store and restaurants. Location: 3410 Chinden Blvd.--Adjacent to the current 7-Mile Motel to the east. Written testimony: Jan Castanada Bill Hodges outlined the project and suggested the plan provides a better and safer use of the property as a retail plaza. He discussed the development agreement and suggested that he will comply with the new design review standards when they are developed. He will design a decorative masonry wall 6 ft. tall on top of a 4 ft. berm at the backside of his project to protect the neighbor to the NE. Testimony: Duane Didericksen: concerned about a time frame on the contract. Also concerned with the landscaping and berms. This project will have a negative impact on his property. This is a strip mall. Jan Castaneda: written testimony suggests C1, specific lighting, signage, landscaping, hours, noise restrictions and design of buildings. Written testimony: petition of property owners in Banbury concurring with Ms. Castaneda's suggestions. Moved by BASTIAN and seconded by YZAGUIRRE to continue the public hearing in order to have the attorney present a development agreement and rezone ordinance at the next meeting. ALL AYE: MOTION CARRIED. Overall review of the results of the hearing and requests made by MASNER to be included in the development agreement. 1. change the zoning to C1 2. guarantee pedestrian traffic signals on the intersection 3. limit signage to 8 ft. high landmark. Any landmark features will be on the building 4. limit signs not to be above the roof line of the building 5. prohibit noise levels to 67 dba 6. screening of roof top equipment 7. no gas station included in the plans without a CUP 8. berms, trees and walls would be completed first (the first stage of the process) 9. adhere to all design review requests 10. elimination of 5.1 and 6.1 in the development agreement UNFINISHED BUSINESS: Findings of Fact and Conclusions of Law/Banbury Meadows -PUD, Annexation, Zoning and Preliminary Plat: Moved by MASNER and seconded by YZAGUIRRE to approve the findings and conclusions as presented. ALL AYE: MOTION CARRIED. Boise City/Fall Creek Agreement: Moved by MASNER to have the city attorney meet with the Boise city attorney. WITHDRAWN The Council agreed to meet with the Boise City Council at a meeting in Boise and focus on the amount of cost of the park and uses in the park. The Mayor will arrange a meeting time. ORDINANCES-RESOLUTIONS: Moved by BASTIAN and seconded by MASNER to dispense with the three day ruling and to consider Ordinance 259 annexing Banbury Meadows and zoning it R5. ALL AYE: MOTION CARRIED. Moved by BASTIAN and seconded by MASNER to adopt Ordinance 259 at this time. ALL AYE: MOTION CARRIED. MAYOR'S REPORT ACHD: Can we get cleaning of streets done more often? Is there money for small projects, sidewalks on Stierman, Eagle Rd. CITY CLERK'S REPORT: The City Clerk introduced to Council an information form requesting information from the City records. This form will include what is requested and the state laws as an attachment advising the public that there is a legal charge and stating there is a 3 day provision or, if need be, a 10 day provision in order to supply the information requested. This has been approved by Council as an inclusion to the Policy Manual some time ago. The Council adopted the proposal on open records proposal to require requests in writing. COb~4ITTEE REPORTS: Sewer: Wants letter of support from City for CUP through Ada County. Moved by BASTIAN and seconded by MASNER to authorize the mayor to write a letter supporting Eagle Sewer District expansion efforts. ALL AYE: MOTION CARRIED. Seniors: The senior breakfast was the most successful to date. Eagle Fun Days will be held June 10. Roberta Karpach requested the street closed from 10:00 a.m. to 3:30 p.m. during the chile cook off. The Council agreed to permit the closing of the street during those hours only. Library: Liz Horn will get information regarding a new library. They would like to build into new budget money for library plans. School: the high school opening date is August 28. The business men need to meet to discuss what to do when students come to town during lunch. 3 Traffic lights will be installed. MAYOR'S REPORT: The Mayor is looking into a designated franchise fee in order to build a library. ENGINEER'S REPORT: ACHD has completed 80% of the Eagle Rd. design. The lights and trees is as far south as ACHD is going to improve, $80,000, most of which is lights. The sidewalks on 3 corners must be replaced. The Mayor questioned the replacement of sidewalks just installed on State St. and Eagle Rd. The Mayor would like to see the improvements, sidewalks, trees, lights, etc. go to Floating Feather Rd. ATTORNEY'S REPORT: The Mayor is to write a letter supporting the United Water service within the City. 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 10:40 p.m. Respectfully submitted ~BARA MoNTGoX~E ~ ~ EAGLE CITY CLERK~ APPROVED: ~YOR STEVE GUERBER