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Minutes - 1996 - City Council - 08/29/1996 - RegularEAGLE CITY COUNCIL MEETING SPECIAL BUDGET AND ZONING HEARING Minutes ust 29, 1996 COUNCIL: 7:00 P.M. 1. CALL TO ORDER: On August 29, 1996, at 7:00 p.m., Mayor Bower called the meeting to order· 2. ROLL CALL: The following members were present: RICK YZAGUIRRE, STAN BASTIAN, MORGAN MASNER, NANCY MERRILL. A quorum being present. 3. PLEDGE OF ALLEGIANCE: 4. OLD BUSINESS: 4.A. Final Fiscal Year 1997 Budget -- Public Hearing. Mayor: Introduction, open public hearing, now have two official public hearings· Recommend the previous comments, to those items that have changed (see page 5, Final Budget). Gary West, 275 Harvey, Eagle, came forward and presented comments: Previously offered testimony at the workshop. Additional items, exorbitantly high budget, written comments submitted, has not received responses to his questions. One comment, having spent 9 years on the school board one shoul~,~gy~s be attentive and · . . ~;iY ~ responsive to the quesbons of the pubhc. Challenge{i~ourl}l t9 ad0ress his questions His concerns are that he only received the final budg~iat nbgn t}5~da¢ ah~an i~creased budget was tho result. Not the response he was Iookiffg for,:~e~cr ~ieh ~his ~: H:\COUNCiL\MINUTES\1996\CC082996.MiN ~- perception of increases. Personnel costs have not gone up anymore. What began at 33% went to 45% increase, It is this kind of management of public money and service ~ring ~bout the 1% initiative, Justify the capital outlay budget. speaker to focus on new comments on these changes as his comments were previously noted by Council. West: Considers the temporary office space is unnecessary. The YMCA aquatic fee cannot be rationalized. Compensation for this item is unnecessary. Capital expenditures, downtown city parking, shown as an entry to balance the budget. Tree City USA grant, suggests that this is not a high priority item. Since he is limited to commenting only items added during the workshop, the $150,000 was a tax, the municipal water people noted that this is not a tax. Thinks this budget is 2 -- 3 times the amount it should be. He questions whether the city can accumulate a slush fund without permission. Merrill: Mr. West did write the questions out, and the Council may have fallen down on the job of responding to the questions. Yzaguirre: In response to the YMCA fee, this was approved last year, and is now a carry through item. One time shot for allowing Eagle residents equal footing with Boise residents. Masner: The $150,000 was carried in the budget last year. Initially, the Mayor's plan this year was to not include the amount. However, a United Water representative noted that this money would be included this year. Yzaguirre: The Tree City USA grant was a recommendation of Ms. West and members of the audience. Mayor: Expansion of City Hall, out of council came the considerat on and concern for !!iii temporary space in order to conduct business for the out of the DTD Task Force, this item came forward real z ng ~her~ i~ ~n ig H:\COUNCIL~IINUTES\1996\CC082996.MIN 2 downtown. This item would contain the remaining balance necessary to balance the budget. City Personnel, a task force produced a report that ma , th,~, ~,~. . . de the recommendabons a~e~i~led the nee~and jusbfication for the current budget. This council reviewed an~ted~n~ t~ s)~ue i~ open meet n s Descri i ' ~ ~,~, ~ :~ g . pton ofprevlous em o ees P y and s~ap~ of ~gtLe~. N~dd~..o~LlgveI of staffing (FTE's), but a net increase of costs and benefits. Mayor: Is there anyone else wishing to speak at th s meeting? Al Cortial, 309 Yellow pine, Eagle, came forward to present comments: Wishes to address the budget from one perspective. However, the issue he will describe is a difficult one. First, he thinks the staff did a good job in doing this budget. NOTE: SEE SUBMI'I-FED TESTIMONY, MARKED "A" The issue he is to discuss is the Usage Fee/Municipal Water (United Water) a one-time fee of $150,000. Discussion of historical perspective, the 30-year agreement, ave. $5,000 per year. If extended, this would be about $2,500 per year. This item should be struck from the budget. If this fee is left in the budget, this action shows lack of good faith in negotiation by the Council. This issue is not about water, or who is the best company, the issue is plain good business and management. Study this, think about it, but don't leave it in the budget. Mayor: Anyone else? Steve Guerber, 699 Ranch drive, Eagle, came forward and presented comment: As past Mayor of Eagle, he has been very confused with the budget process and when testimony was allowed. In the past, there has been concern about availability of the budget information. The copy he received, was obtained early this morning, and he is concerned that enough time was not given for a thorough review. The mayor indicated that the personnel that no additional staff was here, hg~eve~ this no additional costs resulted in 45% more. Downtown parking, he has expenditure, smacks of a subsidy for downtown bu~ H:\COUNCiL\MINUTES\1996~CC082996.MIN 3 instead of funding through the General Fund. Does wish to compliment the mayor, however his zero-based budgeting appears to have come together in the same way as support the budget, deals with a large number of items that are The only item that is missing appears to be an advocacy of into the city. First, solving the critical problem of the moratorium. Hopes that the city views this as a critical need also. Mayor: Discussion of the parking issue, Councilman Masner? Masher: The major change was the inclusion of the $150,000 which created some additional revenue that was earmarked for an issue that the citizens were concerned. Perhaps a revenue-producing facility such as with the City of Boise. Merrill: Concerning the MOU with United Water, is Eagle not able to sell the water company? City Attorney: The MOU is essentially an agreement to agree sometime in the future. This is not a binding agreement. Primarily for applying a charge for the ability to transfer water through this system. Not constrained in the future. Mayor: No other comments? None, the Mayor officially closes the public hearing portion of this final budget hearing. Are there any comments from Council? Merrill: A concern and question. The $88,000 YMCA fee, there is no contract, what began as $40,000 jumped to $88,000, not sure this money should go out of the city of Eagle. We don't know how many citizens use this facility. Yzaguirre: Acted unanimously in the past. This has been acted upon. Former Mayor Guerber offered the payment, Boise pulled the deal. Bastian: To Yzaguirre, should we approve the money~!iwith~the idea of entering into a possible agreement, with the idea that Boise will allo~ ~qua~status wth B~ise citizens. H:\COUNCIL\MINUTES\1996\CC082996.MIN z~ Yzaguirre: There are a number of issues that may fall through. This amount should be included with the idea of going forward. Not saying it will happen, but the money needs to there. Ma~b,er: get. This is a plan, it does not mean we are obligated to spend unless the negotiations are successful. The details and decision will come later. Bastian: Sees some money that will enable citizens of Eagle to attend at a price comparable with citizens of Boise. However, Merrill Park is coming (as a condition of the donated property). Would be better to apply the money toward a recreation center here in Eagle. Possibly reconsider this in the next year prior to actually spending. On notice that he is not completely in agreement with this amount. Previously the Merrill Park plan was not in the works, now it is. Expresses caution on giving away $88,000. Merrill: Moves that we do not include the $88,000 into the budget, seconded by Bastian. Vote tie, 2 NAY, 2 AYE, Mayor Vote NAY, Majority VOTED NAY, MOTION FAILS....Item stays into the budget. Masner: Moves to approve the FY 1997 Budget as presented in the Final Budget Report and that the Annual Appropriation indicate the amount of $1,891,627, seconded by Yzaguirre. Vote ALL AYE, MOTION CARRIES .... Yzaguirre: Moves to move Item 6.B. after 4.A., ordinance number 677, seconded by Bastian, Vote ALL AYE, MOTION CARRIES .... Masner: Moves to waive third reading rule (See motion # 3), seconded by Bastian. Discussion, none, Vote, ALL AYE, MOTION CARRIES .... BASTIAN: In accordance with the provisions of 50-901, Idaho Code, hereby moves that the rule requiring Ordinances to be read on three d fferent days, two read rigs of which are to be by title only, and one of which is to be i~ fu; bed spensed with and that Ordinance Number 277 be considered immediately., Sbcond~d ,. Vote ALL H:\COUNCIL~V~IN UTES\1996\CC082996.MIN 5 AYE, MOTION CARRIES ..... short recess at 8:00 p.m.. 4.B. Zoning Ordinance Amendments -- Continued Public Hearing. Mayor: Introduction of this continued issue. The public hearing was not continued, but the discussion was, a correction in procedure. Butler: Brief discussion of items. Roadway discussion of speedway and sign size. Future of roadway, reduction to $5mph. Next, utilities being underground and expandibility. Place resources in conduit that allow for the flexibility. Bastian: Not a problem to put underground because of the conduit? Butler: Yes, continuing...50% glass, does not apply to area where Evan's is, only for TDA areas. Item on page 21 of the ordinance. Review ordinance for possible modification, D.I., which references examples of signage, rather, write in description of signage. He would feel uncomfortable without a description of the styles, rather than a picture. 7, 8, -- 12. Mayor: Clarification of items discussed. Butler: Last two issues are fairly significant. Mr. Morden from the sign company allows for percent of building coverage. Comment was made that 5% signage for Albertsons, actually, AIbertsons calculated out at 4%. Bastian: Believes the comment involved the smaller businesses, not the larger businesses. Butler: 35% industrial zones, neighborhood 15%, office H:\COU NCIL~vIIN UTES\1996~CC082996.MiN 6 Mayor: Any other questions. Mr. Vance is a member of the Design Review Committee, and is considered a member of the technical support staff, may comment later. eal with two issues, the staff report and then the ordinance #276. Di.~ es I - 5? Bastian: Would like a bit of general comment, to question staff and council, before speaking to the specific. With regard to the sign ordinance, will the ordinance be applied uniformly, or will the ordinance be applied different in the different areas. Merrill: two major areas of change (zoning areas). Mayor: General discussion of zoning areas. Merrill: Page 2 of 2, compliance with the city code, may be conflicting ordinance to be presented at a future date. If adopted, the Design Review Booklet will also be brought up to date and standards as the ordinance. Butler: Staff intent of the booklet. May strike now and can be added later. City Attorney: Landscaping is 100% in the booklet, for review by Design Review Committee, may direct staff to update at a later time. Mayor: Recommendation that Design Review be brought up to acceptable standards as soon as possible. Butler: Ordinancedoesn't cover landscaping,' the booklet does. Important to adopt booklet. Mayor: Page 3 of 20, any comment? None, page 4 of 20? 5 of 20? 6 of 20? Yzaguirre: Page 3 of 35 in the ordinance, defining the~hree different areas, his opinion that this is not required. IDA CEDA are not necessar zones or differentiated enough. ~) H:\COUNCIL'~'11NUTES\1996\CC082996.MiN '7 Bastian: Further comment, each district should be treated the same, uniformly applied throu( hour the city. Boundary line on one city block that extends to another city block. ~r of Kings noted that he could not fairly compete through restrictions in his ~edto those outside. Bastian: Moves to have only one zoning district, seconded by Yzaguirre, discussion ensued. Merrill: If this council wishes to have the more restrictive applications apply to all? In the central business district, the business are right on the sidewalk with parking on the side and rear. More strict, moving this out to the bypass, it would not meet the requirements. Bastian: The Design Review overlay district applies with regard to signs and not so much with structures. Bastian: Moves to amend motion to allow for a single overlay district applying only to signs and signage, seconded by Yzaguirre. Discussion ensued. Butler allowed to speak: Equally applied to overlay, think what needs to be done, when we deal with the sign portion do it then, don't change the overlay district. Mayor: Where? Page 16 of ordinance. Under sign regulations. General discussion on possible modifications included in the final draft. Masner: Before the minutia is examined, the map needs to be examined (the different districts). Won't include anything south of the bypass, needs to be consistent. Bastian: Extend to the boundaries of the city? Mayor: Subject on signs, effect of amended motion will result in application on entire city, meeting Mr. Masner's concerns. General discussion on this issues of city limits, si In~;, and H:\COU NCIL~vliN UTES\1996\CC082996.MIN 8 impact on businesses. Ba~ian: ~rigi?al, ~.ne ~istrict~.limit that to entire design review overlay district., second conl~lnt~es; Furmer~ ~rll;lcaugn of his motion, revisit ilium hated si ns and correct those oveday ~stdct app~y~9 o~y to s~gas a~d s~9~age, Akk AYe, MOT~O~ CA~S ...... Call for the question on adopting the amended motion that regarding signage, that all the sections on signage apply to the entire design review overlay district., ALL AYE, MOTION CARRIES ..... Bastian: Moves to accept the editorial recommendations of Don Brinton, seconded by Masner, Vote, ALL AYE, MOTION CARRIES ...... Mayor: Additional general discussion of specifics within the ordinance, architectural character, deals with the height of the building, tower and poles, antennae. Wanted in this code? Butler: if council wants to restrict this, this is a good place to put it in. Mayor: Deals only with the transitional development area, if this is a larger issue to be enforced in all areas, then it requires a larger change. Butler: Page 7 of 25 is a good place, add an item 7, subheading, site design objectives, height of spires, towers, poles and non-building structures. City Attorney: clarifications of what is being enforced, three specifics Bastian: Moves to include a new item 7 on page 7 of 35, titled, "Additional Height Restrictions," text to read, "All spires, poles, antennas, and other such structures, shall not exceed..." Motion was then withdrawn. Mayor: General discuss of the height issue. H:\COU NC[L'dVllN UTES\I996\CC082996.MIN ~ Bastian: Moves to include an item 7 on page 7 of 35, titled "Additional Height Restrictions," with the text to read, "All spires, poles, antennas, steeples, towers, and an btheri'~uch structures, shall be limited to a maximum of 35 feet. Additional height D i~approved by Council." Seconded by Yzaguirre. Vote ALL Mayor: Continuing on the top of page 8, 9, and 10. Bastian: Page 9, parking number 4A, behind the building or landscape buffer. Should include in this ordinance as requested by Mr. Brinton. "Item 4, Parking A. Off-street parking shall be behind buildings or landscape barrier." General discussion of landscaping, urban streetscapes, and co-op signage. Yzaguirre: Wishes to go farther and disallow all co-op signs. City Attorney: Cannot due to 1st amendment concerns, difficult to implement. Unsure on the extent of the regulation. Identification v. Advertising for content. Yzaguirre: Would like to define the term, then regulate. Merrill: Wishes to keep the existing language, then ask Mark to define a Co-op sign. General discussion on content and layout of co-op signage, and sign illumination. Yzaguirre: Moves to ban all signs advertising specific products within the city overlay district, seconded by Bastian. Vote, ALL AYE, MOTION CARRIES ..... Mayor: Next item needs to address the page 22 of 35, f 2 c. In order to be less confusing, no reader board signage may be interior illuminated. General discussion on specific changes made as a result of the motion. . Bastian: Clarify that all discussion items noted for cha~ge ~r~d c6n~utred ~y C~bnc~l wdl H:\COUNCIL'~iNUTES\1996\CC082996.MIN ]- 0 be covered in the final motion. '~ ;~ ~ . . Yz~§ulrre:. General d~scuss~on on monument s gns 6 feet n he ght s this high enough? Wi~aI~ ~he~iandsca~g i~ is difficult to see Look at the relat,onshlp of the laQ~scapiDg ~ith ~ t~lle~ ~.ol~s~ns...should be h~gher than 6 feet. Bastian: Concerned, cars parked and traffic in front of the business, most of the sign is covered by the cars. Discussion of the monument sign examples in other cities, and the changes necessary in the landscaping. Moves to allow maximum eight foot heights for signs (C.3., page 20 of 35). Seconded by Yzaguirre. Merrill: Discussion, on the wall a description using masking tape on the wall denoting the signage sizes. Mayor: Any further discussion? Vote ensued, ALL AYE, MOTION CARRIES .... Yzaguirre: Would like to see the next item C.4., dealing with the percentage of surface, would like it a higher percentage, page 20 of 35, C4. Mike Vance came forward and provided an exercise to enable clarification of the signage issue, Marked as Exhibit "B" into the record. Recess: at 10:35 p.m. Back on the record at 10:50 p.m. Mayor: Continuing the discussion, from item C4, Page 13 of 20. Bastian: From page 21.D.1, discussion of recommended language changes. Yzaguirre: Should be made of materials of plexiglass or ,what is the base of the monument sign? What can they make it out of? Woo~ii?cement? Too general. Exterior lit signs can be plastic? H:\COUNC[L\MINUTES\1996\CC082996.MIN ~- ~- General discussion on including specific materials for signage. Manner: Moves, on Page 21.D.1. to place a period at the end of design review booklet at I 'iking the remaining text, seconded by Merrill. Vote ALL Bastian: Move to change Item D.1, with a period after styles, striking words in the second lines and third lines as "shown as examples of each", replacing with words "examples are" with a period after booklet. Masner seconded, Vote, ALL AYE, MOTION CARRIES .... Masner: Moves that on page 21 D.3., interior illuminated signage shall not be permitted in the city limits of Eagle, seconded by Merrill. Yzaguirre: Discussion, throw out D.3., general guidelines Masher: Withdraws motion, concurred by Merrill. Butler: General discussion of previous Council motions. With reference to Alberstons sign being okay, 22, item 4, currently in violation. Merrill: General discussion of separate shopping center businesses, are these individual businesses or a shopping center? Masner: Discussion of trends in supermarkets is to put in extension businesses, e.g. Pizza Hut in an AIbertsons. General discussion on allowableness of additional signs for internal businesses within the same building. Shopping center definition covers problem, maybe some clarification. Merrill: Identify these types of stores as shopping center?' City ^ttomey: Recommends amendin§ Page 14 of 20 4 st~ko freestanding and H:\COU NCIL'vM~NUTES\1996\CC082996,MIN ~2 additional qualifier to limit. 'Is a~en~?g Page 14 of 20, 22 of 35, E.4, Strike the entire su~ Discussion on sign and monument sign comparison on 5% limit. Merrill: Discussion to leave as is currently (2 signs, one of which is a monument sign), include a definition to deal with the issue of a business within a business. Bastian: Moves to, on page 22 of 35, preceding section F, new section 5, each business within a single building shall be allowed one sign and the building complex allowed one monument sign, and move to a more appropriate place in the ordinance. Seconded by Merrill. Withdrawn with concurrence by Merrill. Mayor/Butler: Discussion of additional concerns and where to place the amendment, page 21 of 35, #9. Bastian: Move to add an additional number to General Guidelines on P. 21 of 35, item 9, to read "Each business within a single building shall be allowed one wall sign and the building allowed one monument sign." Seconded by Masner. Call for question by Bastian: Vote ALL AYE, MOTION CARRIES... Mayor: Next issue relates to Page 14 of 20. F.1, no interior illuminated signs. Butler: Recommends some clean up, change 6 feet to 8 feet. Okay by unanimous consent of Council. Discussion on uniform signage and interior illumination signs. Yzaguirre: Would like to now address the interior illumination signs. Wishes to clarify his dislikes for such signage. Bastian: Look more at the amount of hght generated ra[her t~ian H:\COUNCIL\MINUTES\I996\CC082996.M[N 13 Externally lit signs. Rather reduce lumens and increase esthetics rather than the other. Me~ill: MOve, on item ~. 13 of 20 of the staff report, and page 22 of 3,5.F. "Sign Illul t~at interior limited signs not be permitted. Seconded by M ~er Mayor: Discussion; Vote 2 AYE, 2 NAY, Mayor Vote NAY. Discussion on possible reconsideration of motion since the limit was originally discussed for just the downtown area. Bastian: Would be willing to change his vote contingent upon commitment to revisit the issue at a later time if the idea of controlling the lumens can be addressed at a later time. Yzaguirre: Concurs. Mayor: Reconsideration discussion, procedure. Masher: Moves to reconsider the issue of internally illuminated signage. Dies without a second. Bastian: Point of order, prevailing side or other motions for reconsideration. Bastian: Move to accept the language in p. 22 of 35, item F.1, "Interior illuminated signs are not permitted." Seconded by Masner. Yzaguirre: Discussion: Suggests that the Council deal with this issue soon, finally and firmly out of consideration of the merchants impacted by this ordinance. Bastian: Wishes to make a firm direction for the City. Mayor: Vote: 3 AYE, 1 NAY, MOTION CARRIES .... H:\COUNCIL\MINUTES\1996\CC082996.M[N ~_ z~ Mayor: Suggests review of item F.2. Ba: an: 'move to strike F.2. and all subcategories under this, seconded by Merrill. MOT ON CARRIES .... Clerk: Transcdption computer system shut down in 5 minutes due to system backups. Masher: Move to adjourn. Dies without a second. Bastian: No other changes are notable. Merrill: Move that on the top page of 15 of 20 is struck. Dies without a second. Mayor: Final part of ordinance discussion. Discussion of miscellaneous provisions for possible inclusion. Mayor and Yzaguirre: Discussion of issue on ten-year provision for compliance with new ordinance (non-conforming signs), page 16 of 20 in the staff report. Grand fathering issue? City Attorney: No grandfather issue, nor is this considered a "taking issue." Butler: Will provide future legal opinion in conjunction with City Attorney and report back to the Council. Yzaguirre: Wishes to speak to the design review committee, makeup, membership, process, administrative procedures, and other. Perhaps deal with this at a later time? Merrill: Move to place the makeup of the design review committee and Title 2 on the next available meeting (September 24, 1996), seconded by Masner. Vote: ALt_ AYE, MOTION PASSES ..... Yzaguirre: In accordance with the provisions of 50-91 · hat H:\CO U NCIL\MIN UTES\1996\CC082996 MIN ~- ~ the rule requiring Ordinances to be read on three different days, two readings of which are to be by title only, and one of which is to be in full, be dispensed with and that Ordlihance Number 276 be considered immediately. Seconded by Masher. Vote, ALL Yzaguirre: I MOVE to approve Ordinance Number 276, "AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, REPEALING CHAPTER 7, TITLE 6 OF THE EAGLE CITY CODE, PARKS COMMITTEE, REPEALING CHAPTER 2, TITLE 7 OF THE EAGLE CITY CODE, SIGN REGULATIONS, REPEALING CHAPTER 2A OF TITLE 8 OF THE EAGLE CITY CODE, DR DESIGN REVIEW OVERLAY DISTRICT AND ENACTING A NEW CHAPTER 2A OF TITLE 8 OF THE EAGLE CITY CODE DESIGN REVIEW OVERLAY, PROVIDING FOR THE FOLLOWING SECTIONS: SECTION 8-2A-1 GENERAL APPLICABILITY, SECTION 8-2A-2 PURPOSE AND GOALS, SECTION 8-2A-3 EFFECT OF OTHER PROVISIONS, SECTION 8-2A-4 DEFINITIONS, 8-2A-5 DESIGN REVIEW OVERLAY DISTRICTS AND MAP, 8-2A-6 DESIGN GUIDELINES, OBJECTIVES AND CONSIDERATIONS, 8-2A-7 LANDSCAPE GUIDELINES, 8-2A-8 SIGN REGULATIONS, 8-2A-9 PROCEDURES, 8-2A-10 APPLICATION REQUIREMENTS, 8-2A-11 NOTIFICATION, 8-2A-13 PROCEDURE FOR APPROVAL, 8-2A-14 APPEALS, 8-2A-15 TERM OF APPROVAL, 8-2A-16 MODIFICATIONS, 8-2A-17 RESTRICTIONS ON OTHER REQUIRED DOCUMENTS, 8- 2A-18 BONDING, 8-2A-19 INSPECTION; AMENDING SECTION 2-2-4 OF THE EAGLE CITY CODE TO CLARIFY THE DESIGN REVIEW BOARD'S DUTIES; PROVIDING A SEVERANCE CLAUSE; AND PROVIDING AN EFFECTIVE DATE," with the changes recommended by City Staff and Eagle Planning & Zoning, as amended and approved by the Eagle City Council as of this date. Seconded by Masner. Merrill: Discussion, okay on booklet. Mayor: Vote, ALL AYE, MOTION PASSES ..... Yzaguirre: Move to adjourn, seconded by Bastian. Mayor: Vote, ALL AYE, MOTION PASSES ..... H:\COUNClL\MlNUTES\1996\CC082996 MIN ~L 6 ADJOURNMENT: Havigg n9 f~rther business the Council meeting adjourned at 12:20 p.m. Res D. KOREY LOWDER EAGLE CITY CLERK/TREASURER H:\COU N CtL'dVllNUTES\1996\CC082996.MIN '1 7