Minutes - 1996 - City Council - 05/02/1996 - SpecialEAGLE CITY COUNCIL
Special Meeting
May 2, 1996
7=00 p.m.
The Eagle City Council met in special session on May 2, 1996.
Mayor BOWER presiding.
The following members were present: RICK YZAGUIRRE, STAN BASTIAN,
NANCY MERRILL. Absent: MORGAN MASNER.
Moved by MERRILL and seconded by YZAGUIRRE to approve the minutes
of the April 8, 1996 meeting as presented. ALL AYE: MOTION CARRIED.
Moved by BASTIAN and seconded by YZAGUIRRE to approve the minutes
of the April 9, 1996 meeting as presented. ALL AYE: MOTION
CARRIED.
CLAIMS AGAINST THE CITY:
Moved by YZAGUIP~RE and seconded by MERRILL to approve the claims as
presented. ALL AYE: MOTION CARRIED.
UNFINISHED BUSINESS:
BRIGHTON LAWSUIT - WINTRY RIVER LAWSUIT: A court decision has
been reached on both law suits. The City Attorney reviewed both
decisions and outlined them to the Council. The Brighton lawsuit
rules that no quasi judicial review was necessary on the
subdivision approval by Boise, however in the Wintry River the
decision included a note regarding appropriate notice and
findings. This is not all inclusive of the final decisions. The
City Attorney stated that the law firm will handle an appeal to
the Supreme Court at hard costs and no additional time if the
Council chooses to appeal.
Councilman MASNER arrived.
Moved by BASTIAN and seconded by YZAGUIRRE to authorize legal
council to appeal the decision of the 4th District Court to the
Supreme Court of Idaho. AYE: BASTIAN, YZAGUIRRE, MERRILL.
ABSTAIN: MASNER. MOTION CARRIED.
CHANNEL CENTER SUBDIVISION (continued): The question tonight is
one regarding the private road. Is it appropriate to consider the
subdivision and the road issue concurrently? The City Attorney,
John McFadden read his legal opinion to the Council. Legal
Council recommended that the applications for Channel Center and
the private road should not be considered concurrently, it may set
precedence for others to apply for the same consideration on other
different issues, such as subdivisions, and changes to the
ordinances. If they are processed at the same time it may be to
accomplish approval of the application and make it fit.
Moved by MASNER and seconded by YZAGUIRRE to process both
applications concurrently. ALL AYE: MOTION CARRIED.
Moved by BASTIAN and seconded by YZAGUIRRE to approve the
application for Channel Center Subdivision with private streets,
subject to standard subdivision conditions, all P&Z conditions,
with the exception of #6, and all conditions of Design Review.
The Planning and Zoning Conditions are as follows:
2.
3.
4.
5.
standard requirements of the city
always be a maintained public access to access the river
the pathway committee approval requirement
landscaping committee approval requirement
approval of the future ordinance for private streets,and all
future ordinances at the time of approval for each
individual lot.
approval is subject to the adoption of the private street
ordinance. If said ordinance is rejected by the City the
subdivision must have public streets.
ALL AYE: MOTION CARRIED.
Moved by MASNER and seconded by YZAGUIRRE to authorize the
applicant's attorney, Steve Bradbury to prepare the findings to be
presented to staff to present to Council. AYE: MASNER, YZAGUIRRE,
BASTIAN. NAY: MERRILL.
Moved by MASNER and seconded by YZAGUIRRE to reconsider the
Bosanka Sign issue as approved previously by Council. Withdrawn.
Moved by MASNER and seconded by YZAGUIRRE to consider Ordinance
#269 after the Bosanka sign after issue. ALL AYE: MOTION CARRIED.
Moved by MASNER and seconded by YZAGUIRRE to reconsider the motion
regarding the Bosanka sign issue as previously approved by Council
as there is new information to be considered. ALL AYE: MOTION
CARRIED.
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The Bosanka sign issue was outlined by MERRILL. She pointed out
to Council the confusion of the code in defining "facade" vs.
"facia". The second issue is illumination of signage. The code
addresses pylons but not on the face of the building. The
discussion ended and was left to discuss later.
MERRILL advised the Council that when the Bosanka Commercial
Development sign application appeared before Council there were
only two signs submitted. One was the pylon sign which was denied
by Design Review and later approved by Council. The other was
another was the "Eye to Eye" sign to be placed on the building.
The tenant agreement was presented to Council which was to be
significant for all signs placed on the building. The Godfather
sign was never presented to the Design Review Committee, yet their
sign was the one erected, 24" sign, internally lit. It was also
found at this point, that there was to not to be one sign but
three at three different entrances. Merrill is asking that
instead of a tenant agreement approved by council that each
business sign must be individually reviewed by Design Review and
Council. The Godfather agreed to 18" internally lit on the
northern entrance only. The signs on the west and east entrance
are not to be internally lit. There was no master plan submitted
outlining the business signs locations, drawings, lighting or
colors, just the "Eye to Eye" sign and the tenant agreement.
Moved by BASTIAN and seconded by YZAGUIRRE that approval of
signage on a multiple tenant complex, particularly Bosanka, must
be required to submit a master plan to design review, and final
approval by the Council.
BASTIAN asked to hear from the applicant. The master plan was
discussed.
ALL AYE: MOTION CARRIED.
Moved by YZAGUIRRE and seconded by BASTIAN to move item 5E on the
agenda to item 5C. ALL AYE: MOTION CARRIED.
St. Matthews Church - Sign: Mike Vance, representative of the
church asked for this item to be tabled. Moved by BASTIAN and
seconded by MANNER to table this item as requested. ALL AYE:
MOTION CARRIED.
ORDINANCE 269 - Amending Title 8 - Planned Unit Development:
Moved by MASNER and seconded by BASTIAN to approve the ordinance.
The motion was amended to include the three reading rule and
dispense with the 3 reading rule and consider the Ordinance #269
at this time. ALL AYE: MOTION CARRIED.
Moved by MASNER and second by BASTIAN to adopt ordinance 269 as
presented. After discussion the motion was WITHDRAWN.
Moved by BASTIAN and seconded by MERRILL to continue the
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discussion until May 7, 1996, Tuesday, at 7:00 p.m., for a special
workshop. ALL AYE: MOTION CARRIED.
PRIVATE STREET FEE SCHEDULE:
Moved by YZAGUIRRE and seconded by MASNER to approve the fee
schedule as presented by the City Engineer. ALL AYE: MOTION
CARRIED.
NEW BUSINESS:
MORATORIUM - COMMERCIAL ZONES - MERRILL requested the Council
consider a moratorium on the commercial areas of the city because
we are in the middle of the new downtown plan and the revised
design review ordinance. There is also an imposed moratorium
executed by the Sewer District in place at this time.
Moved by MERRILL and seconded by MASNER to impose an 120 day
moratorium on the commercial to be able to complete the Downtown
Plan and design review ordinance. The motion was amended to read
90 days or approval of the design review ordinance and downtown
plan. AYE: Y-~ BASTIAN, MERRILL. NAY: YZAGUIRRE. MOTION
CARRIED. ~
EXTENSION OF TIME:
BanBury Meadows:
Great Sky Estates
Ashland Acres:
Moved by YZAGUIRRE and seconded by MASNER to grant an extension of
time of one year to each of those applicants. AYE: MOTION
CARRIED.
ADA COUNTY TPJkNSMITTAL: 96-13-PDR/96-11-ZC Moved by MASNER and
seconded by BASTIAN to approve the transmittal with P&Z
recommendations. ALL AYE: MOTION CARRIED.
ADA COUNTY TRAI~SMITTAL: 96-04-ZOA Amendment Ada County Zoning
Ordinance. Moved by BASTIAN and seconded by MASNER to approve the
amendment as presented. ALL AYE: MOTION CARRIED.
ADA COUNTY TR3kNSMITTAL: 96-26-CU - Idaho Department of Parks and
Recreation. Moved by YZAGUIRRE and seconded by MERRILL to approve
this transmittal with P&Z conditions. ALL AYE: MOTION CARRIED.
There being no further business a motion was made by BASTIAN and
seconded by YZAGUIRRE to adjourn. The time was 11:00 p.m.
Moved by BASTIAN and seconded by YZAGUIRRE to reconsider the
motion for adjournment. ALL AYE: MOTION CARRIED.
Reports: Idaho Power Capitalization - Moved by MERRILL and
seconded by MANNER to request more information from AIC on the
pending suit. ALL AYE: MOTION CARRIED.
There being no further busing~s-,,~h~ Council adjourned at
p.m. ~,/~%f~] : ), .~
Respectfully submitted:
EAGLE CITY CLER~ ~ '-%,[~;
Approved:
11:10
MAYOR CHARLES A. BOWER