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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. C 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 C 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