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Minutes - 1997 - City Council - 01/28/1997 - RegularEAGLE CITY COUNCIL MEETING Minutes January 28, 1997 PRE-COUNCIL: 6:00 p.m. - 7:30 p.m. 1. Mayor and Council Report Bastian is absent Yzaguirre: no report. Masner: Discussed the issue of the McDonald's site and the possible destruction of trees. A slight modification of the site plan, saving the trees, would possibly fall outside the Sewer District. A letter from the Sewer District ok'd the move. No violation of the Hormechea agreement is notable. Continued in discussing the issue of timing and the hearing of land use issues learned during the recent seminar. Discussion of the limitation of time for the public to address issues on an agenda. Finally, if the issues appear to overload the issues the use of a Hearing Officer or examiner would be a method of hearing the issue. Additionally, the issue of ex parte contact was discussed. A clear line exists regarding the law in which the Council may not take part in any ex parte contact after the application has been filed, referring all contact to the Zoning Administrator or other appropriate official. Further, the discussions must take place in the public meeting setting with both parties available with the Council declaring the contact as a body. Merrill: Discussion of the submission of names for the Park Committee. Additional discussion of the declaration of the problems associated with abstaining from issues due to possible contacts. Discussion of the Eagle road and bypass issue, possibly including a workshop as soon as possible. Discussion of the Aikens H:\COUNCIL\MINUTES\1997\CC012897.HiN ~ street status and the tree retention issues, having the Zoning Administrator meet with Steve Spickelmier to discuss the issue with the Council members and then review the issue at a Council meeting. Stan Bastian arrived at 6:35 p.m. Bastian: no report. Mayor: Provided handout (Exhibit A), general discussion of the water levels which are rising and the issue of flooding on Eagle Road. Mayor willing to table the Transportation Task Force issue until the TIP issue is resolved, will ask for a vote during that point in the agenda. Discussion of the issue of the bypass problems with regard to the local business owners concerning the issues of signage, safety at the intersections, and difficult position of the City of Eagle. Masner: Provided a report on his involvement in the downtown business/bypass meetings. General discussion of the decrease in business with lTD and ACHD regarding the possible modifications to the bypass or some change in the signage issues of the City. Bastian noted a positive result from a residential perspective. 2. City Clerk/Treasurer Report City Clerk provided a summary of the 1st Quarter Financial Report. Next, general discussion of a possible Special Meeting for Fire District Emergency Evacuation Procedure as requested by Council member Merrill. Mayor discussed a mock evacuation process scheduled in the near future. Discussion of inviting Dan Friend to present the procedure to Council. Next, the City Clerk provided a briefing on the TCI Agreement with the City and the setting of fees. TCl did not receive formal approval by the Council during the recent rate increase. Finally, as per recommendation by Councilmember Masner, auditorium seating has been requested as a donation from the City of Boise due to a recent remodeling of the Boise City Council Chambers. Sheriff's Report: Lt. Woodcook brought Kathy, his secretary. Discussion of the H:\COUNCIL\MINUTES\1997\CC012897.MIN 2 recent events in the City, floods, robberies, and other cases. Lt. Woodcook summarized a month-end report of the recent events, handing the document to the Mayor. Mayor desires to add the City Attorney report in conjunction with the Oppenheimer issue, with any remaining reports to be given at the end of the regular Council meeting. 1. CALL TO ORDER: Mayor Bower called the Council to Order at 7:30 p.m. 2. ROLL CALL: BASTIAN, MASNER, MERRILL, YZAGUIRRE. Roll Call shows a quorum present. 3. PLEDGE OF ALLEGIANCE: Masner: Moves to add Item 5D to unfinished business, Mayor's appointment recommendation to the Design Review Committee. Seconded by Merrill. ALL AYE, MOTION CARRIES .... Merrill: Moves to add items 7E, 7F and 7G to the consent agenda and move item 7H, under 7A as item 7A1. Seconded by Masner. Discussion by the City Attorney. Removes item 7F from previous motion, and renumbers item 7F to item 7E. Seconded by Masner. ALL AYE, MOTION CARRIES... a. B. C. D. E. CONSENT AGENDA: Minutes of Special Workshop, January 7, 1997. Minutes of Special Workshop, January 9, 1997. Minutes of Regular Meetin.q, January 14. 1997. Claims Against the City Contract with the Eagle Library and the Ada County Free Library District -- The Mayor has asked the City Council to consider the approval of the extension agreement between the Eagle City Library and the Ada County Free Library District for Library Services. (CB) H:\COUNCIL\MINUTES\1997\CC012897.MiN 3 F. Beer and Liquor by the Drink License, Rea.clle Beagle -- The City Clerk is asking the City Council to consider the approval of a Beer and Liquor by the Drink license for the Reagle Beagle located at 613 E. State Street, Eagle. (KL) G. Extension of Time for Lexington Hills #7 - Georgia Mackley, with Lexington Hills, is requesting a one year extension of time for the Lexington Hills #7 final plat. The residential subdivision consists of 35 buildable lots. The 7.95- acre site is located on the northeast corner of Floating Feather Road and Parkforest Way. (MB) H. Extension of Time for Lexington Hills #R - Georgia Mackley, with Lexington Hills, is requesting a one year extension of time for the Lexington Hills #8 final plat. The residential subdivision consists of 27 buildable lots. The 6.02- acre site is located on the northwest corner of Floating Feather Road and Sevenoaks Way. (MB) I. Extension of Time for Lexington Hills #9 - Georgia Mackley, with Lexington Hills, is requesting a one year extension of time for the Lexington Hills #9 final plat. The residential subdivision consists of 27 buildable lots. The 21.96- acre site is located on N. Parkforest Way, approximately Y~-mile north of Floating Feather Road and %-mile west of Highway 55. (MB) J. Extension of Time for Lexington Hills #10 - Georgia Mackley, with Lexington Hills, is requesting a one year extension of time for the Lexington Hills #10 final plat. The residential subdivision consists of 26 buildable lots. The 17.1- acre site is located on N. Parkforest Way, approximately %-mile north of Floating Feather Road and %-mile west of Highway 55 (immediately east of Lexington Hills #9). (MB) K. Appointment of Design Review Board Member -- The Mayor desires the City Council to approve the appointment of a new member to the Design Review Board. (CB) Masner: Moves to approve the consent agenda, seconded by Yzaguirre. ALL AYE, MOTION CARRIES .... UNFINISHED BUSINESS (CARRY OVER ITEMS): A. Transportation Task Forc- -- The Mayor is asking the City Council H:\COUNCIL\MINUTES\1997\CC012897.MiN 4 to confirm his appointments to the Transportation Task Force. This issue was continued from the January 14, 1997, regular meeting. Mayor discussed this issue, wishing to table this issue. Masner: Moves to table the issue until discussion at a later date, seconded by Yzaguirre. ALL AYE, MOTION CARRIES .... B. Amendment of Desiqn Review Ordinance, Ordinance #28~. -- Councilmember Merrill requests the City Council consider repealing the existing Title 2, Chapter 2, Sections 1 -- 4, and enact a new Title 2, Chapter 2, Sections 1 -- 4. This issue was continued from the January 14, 1997, regular meeting. Mayor introduced the issue. Merrill addressed the topic and continued into general discussion. Zoning Administrator noted some modifications to Section 2-2-3, "calendar month" needs to be changed to "calendar month". General discussion of the approving body and a possible amendment to the issue. Under Section 2-2-3, last sentence, "Planning and Zoning Commission" is struck, inserted, "The approving body.." General discussion of the possible amendments. In addition, Bastian noted to strike the remaining words "...as if approved by the Design Review Board." in the same sentence. Merrill: Moves that pursuant to Idaho Code Section 50-902, that the rule requiring ordinances to be read on three different dates with one reading to be in full be dispensed with and that Ordinance #284 be considered after having been read by title only. Seconded by Bastian. ALL AYE, MOTION CARRIES... Merrill: Moves to adopt the Ordinance # 284, An Ordinance of the City of Eagle County of Ada, Idaho, repealing existing Title 2, Chapter 2, Sections 2-2-1, 2-2-2, 2-2-3, and 2-2-4, of the Eagle City Code, and adding Title 2, Chapter 2, Sections 2-2-1, 2-2-2, 2-2-3, and 2-2-4, of the Eagle City Code providing for the creation and qualifications of the Design Review Committee; providing terms of office and provisions for filling vacancies; providing for organization requirements; and H:\COUNCIL\MINUTES\1997\CC012897.MiN 5 providing for definitions of the scope of duties, jurisdiction and authority, be adopted. Seconded by Bastian. General discussion, unanimous consent on the approval date as the date of this Council meeting. ROLL CALL VOTE: Yzaguirre, AYE; Bastian, AYE; Masner, AYE; Merrill, AYE; ALL AYE, MOTION CARRIES... C. Committee Appointment Authority. The City Council at previous meetings has asked the City Attorney to prepare ordinance language for discussion and final disposition during this meeting. City Clerk noted the information provided to the Council as Ordinance # 286. City Attorney provided a summary of the issue. Mayor provided some concerns. Bastian: Moves to that pursuant to Idaho Code 50-902, that the rule requiring ordinances to be read on three different days, with one reading to be in full, be dispensed with, and that Ordinance # 286 be considered after being read once by title only: An Ordinance of the City of Eagle, County of Ada, Idaho, adding Title 2, Chapter 4 to the Eagle City Code, providing for the appointment of Boards and Commissions of the City of Eagle. Seconded by Yzaguirre. General discussion by Bastian of the reasons for the ordinance. Masner continued in addressing the appointment of blue-ribbon committees. City Attorney differs on the interpretation, rather, Council members individually can call ad hoc committees, but not as a whole representing the entire City. Bastian clarified the role of the committee's scope and the role of giving advice outside the business of the city. City Attorney provided additional legal interpretation. ALL AYE, MOTION CARRIES... Bastian: Moves that Ordinance # 286, be adopted. ROLL CALL VOTE: Bastian, AYE; Yzaguirre, AYE; Masner, AYE; Merrill, AYE; ALL AYE, MOTION CARRIES... NEW ITEM SD, Design Review Board Member confirmation of mayoral appointment of Debbi Martinez, general introduction of her credentials. Masner: Complements the Mayoral appointment of Ms. Martinez. Moves to H:\COUNCIL\MINUTES\1997\CC012897.MiN 6 appoint Debbi Martinez to the Design Review Committee. ALL AYE, MOTION CARRIES ..... Seconded by Bastian. 6. PUBLIC HEARINGS: A. CU-13-96/Mobile Office/City of Ea.qle -- The City of Eagle, represented by Mark L. Butler, is requesting conditional use approval for a 672 sq. ft. temporary mobile office located directly behind City Hall. The site is located at 310 E. State St. approximately 200 feet east of Second St. Mayor introduced the issue. Zoning Administrator provided an introduction of the issue noting some documents that were included in error. Zoning Administrator provided a history of the project and the conditions necessary for approval. Recommends a deferral of Condition #1 that does not violate any Code provision, only the standard conditions of the Council. General discussion by the Council. Mayor asked for any ex parte contact and for any conflict of interests. All noted contact with City staff. Mayor opened the meeting up for public comment. Al Cortial came forward and presented comments. Made a recommendation to go ahead and vote on the issue. Mayor officially closes the public comment issue. Merrill: Moves to approve the CU-13-96 Mobile office for the City of Eagle with the Staff's recommendations. Seconded by Masner. Discussion, clarifies the exclusion of the recommendations of the Planning and Zoning Commission. General discussion by Merrill of the specific exclusion of the P&Z exclusion. Yzaguirre noted the inclusion of the deadline for removal, in the past a period review of the application may be necessary. Merrill: Amends motion to review after one year, seconded by Masner. ALL AYE, MOTION CARRIES... Yzaguirre reviewed standard condition #12, requires a letter from the Fire Department. Bastian noted that all conditions must be met prior to final H:\COUNCIL\MINUTES\1997\CC012897.MiN 7 occupancy. Continued discussion of the requirements necessary for approval. Call for question on motion as amended, ALL AYE, MOTION CARRIES .... 7. NEW BUSINESS: A. DR-27-96 Cactus Creek Casuals Sign/Idaho Electric Si,.qn.~: Debbie Anderson, with Idaho Electric Sings, is requesting a design review approval for a wall sign for Cactus Creek Casuals located in the Bosanka Village Shopping Center. The site is located on the south side of State Street approximately 1/4-mile west of Eagle Road. The decision of the Planning and Zoning Commission, for this item, is being appealed by the Zoning Administrator, at the request of Councilman Merrill. Mayor introduced the issue. Zoning Administrator addressed the topic and would like to drop his appeal of this issue under Exhibit C. Bastian questioned the review procedure. Merrill is requesting a drop of both appealed issues, but the master sign plan is still under question. Appeal dropped. Issue remains concerning the master sign plan. Mayor asks for the need for Council action to aid the Zoning Administrator. Merrill summarized the issue. General discussion of the issue. Bastian suggests that by unanimous consent, the concurrence of Council is given. Masner noted his approval of the clarification letter, however, in paragraph #3 of page 2 of 3, a sentence "The Design Review...final say." Noted that all decisions of this body are appealable to the City Council. Further, an obligation for all tenants to conform to the new law in September 6 of 2006, wishes this language to be placed in the documents of future tenants. Mayor noted some amendments to the Design Board be the reviewing body. General discussion. Change language to "approving body" to conform with previous code. Unanimous consent to send the letter to Mark Guho at Bosanka Village. Mark Guho came forward and presented additional information regarding a western hanging signage. Mayor noted that the Design Review is the approving body. General discussion by Council H:\COUNCIL\MINUTES\1997\CC012897.MiN 8 7A1 (renumbered from H). DR-28-96 Casa Mexico Sign/Idaho Electric Slain.; Debbie Anderson, with Idaho Electric Sings, is requesting a design review approval for a wall sign for Casa Mexico located in the Bosanka Village Shopping Center. The site is located on the south side of State Street approximately 1/4-mile west of Eagle Road. The decision of the Planning and Zoning Commission, for this item, is being appealed by the Zoning Administrator, at the request of Councilman Merrill. Zoning Administrator withdraws appeal. Mayor reordered Item 7C to new item 7B. BC,. AA-1-97 Appeal/Amended Final Plat for Sr)valass Subdivision/ Pete, _Wieren¢~a - Peter Wierenga is appealing the decision of the Zoning Administrator requiring the applicant to submit the amended plat as would be required for a preliminary plat. The Zoning Administrator believes that the proposed change of the plat is not in substantial compliance with the approved preliminary plat. The residential subdivision currently consists of 25 residential lots, 2 landscape lots, and 1 common lot. The 33.74-acre site is located at the northwest corner of Chinden Boulevard and Locust Grove Road. Mayor introduced the issue. Zoning Administrator described the events leading up to this issue. General discussion of the 1.5 acre lot. Peter Wierenga, applicant, came forward and presented comment. General information provided on the common lot issue. General discussion by Council, Zoning Administrator, City Attorney. City Attorney provided a fact-based opinion, that the issue is an interpretation of the Code by the Council. Continued discussion by Council. Mayor noted a suggested motion to include the appeal of the Zoning Administrator. General discussion of the appeal procedure and result of options. H:\COUNCIL\MINUTES\1997\CC012897.MiN 9 Bastian: Moves to grant the appeal of the appellant under AA-1-97, in denying the appeal, that the city is in substantial compliance. Seconded by Merrill. Discussion by Yzaguirre, thinks that this issue is a substantial change that is proposed without public input. Bastian, AYE; Merrill, AYE; Yzaguirre, NAY; Masher, NAY. TIE, Mayor votes (NAY) to deny the appeal. Motion fails. Mayor desires a motion to deny the application. Yzaguirre so moves, seconded by Masner. Masner, AYE; Yzaguirre, AYE; Merrill, NAY; Bastian, NAY; Mayor votes AYE, MOTION CARRIES .... Short recess .... B. Oppenheimer Property Purchase -- The Eagle Library Board has asked the City Council to approve the pumhase of the Oppenheimer Property located off of Steirman, and to approve the bond issue for May 1997, for use in the development of a new City Library and City Hall complex. Mayor introduced the issue, addressing first the City Attorney report on the relevant issues. City Attorney began with discussion relating to the timelines for a Bond issuance (Exhibit D). Continued discussion of the Lease v. Purchase options. General discussion by the Council and staff regarding the issue of the "ordinary and necessary expense of the city." Recommendation of Mike Moore as the Bond Council for the proceedings. Discussion of the scope of the position. City Treasurer and Council normally determine the revenue necessary to make the payments for the term of the agreement (viability to make the payments) mostly under the judicial confirmation procedure. Expenses of Bond Council under judicial review are normally covered under the General Fund. Bond election procedures allow for council payment under the terms of the Bond. Mayor introduced the Oppenheimer issue. Susan Thomas came forward and presented comment. She offered one clarification regarding the request to the city noting the purchase of the property itself, not the issue of the property development. Further, buying the land prior to the bond issuance. General H:\COUNCIL\MINUTES\1997\CC012897.MIN 1 0 discussion of the issue. Thomas noted that the purchase of the land can be viewed as an expression of good faith. Discussion of the available cash. Masner noted that the Mayor appears out of order. Mayor noted that the issue of order appears insulting and dropped the discussion. Bastian noted a summary of the purchase decision necessary tonight or other. Discussion continued of the possible options available. Masher discussed the position of purchase, then the stoppage of interest payments, but would like to move ahead with the bond issue and the judicial confirmation. Merrill desires to apply a public relations campaign describing that a large portion of the money is already available. Continued discussion on the possible approaches to the issue such as using the cash and a bond. General discussion of the increase in the property taxes per citizen. Yzaguirre asks for some cost and revenue estimates prior to continuing the discussion. Jack Koontz came forward and presented additional information. "Ball park" numbers indicate about a $25 increase per year for a $100,000 assessed value, assuming a $2.5 to 3 million in total cost including land, the library portion would be the higher half, and assuming approximately $80 -- 100 per square foot. Mayor suggests a decision on the Oppenheimer property as a future location for the new City Hall/Library. Second, costing and revenue data is necessary prior to the specific decisions. Bastian recommends not buying the property, but to proceed with a package for the voters for the future purchase. Masner: Moves that the City Council approves the Oppenheimer site as the possible future home for the new City Hall/Library complex, seconded by Bastian. ALL AYE, MOTION CARRIES .... City Attorney recommends that costing data be gathered, authorizing someone to get some costing data, i.e., Jack Koontz, then a number can be discussed for the financial packaging before the public (cash, bond, judicial review). Bastian noted the difficulty of establishing a cost estimate. Wright Brothers noted the ability, plus or minus a percentage, if a firm concept is developed. Discussion of the first steps in the planning cycle along with the committed tenants. City Attorney instructed to provide a more reasonable time line of the bond and judicial review timelines. General discussion of the design plans needed by the last meeting of February. Bastian noted the need to comply with the new Design Review ordinance possibly to increase costs. Yzaguirre noted the need to launch a marketing campaign to sell this idea to the citizens, Merrill noted the need to begin prior to the end of the school year. General discussion of the issues relating to this issue of the annexation process and the bond election. D. Ada County Transmittal (96-95-CU) Telecommunication,~ Facility/Western PCS - Western PCS is requesting a conditional use permit to construct and operate a telecommunications facility consisting of a 120 foot monopole and 242 sq. ft. building pad. The 12.3 acre site is located at 3585 W. State Street approximately 1/4-mile east of Park Lane and 1/8 mile south of State Street. This item is in the Eagle Area of Impact. Mayor introduced the issue. Zoning Administrator clarified the issue, the applicant withdrew the application from Ada County. City Clerk notified Mayor of need for a roll call vote on Library Contract. Yzaguirre: Moves to approve the contract for the Library issue, seconded by Masner. ROLL CALL: BASTIAN, AYE; YZAGUIRRE, AYE; MASNER, AYE; MERRILL, AYE. ALL AYE, MOTION CARRIES .... E. Building Regulations Ordinance Amendment (Title 7) - The Zoning Administrator is requesting that Council direct the City Attorney or City Clerk to create an ordinance to amend Section 7-1A-2 (A) of the Eagle City Code. The request is to change the text so a building permit is not required to be secured from the City Council but simply from the City. Approved under the Consent Agenda. F. Findings of Fact for Conditional Use Application for the City of Eagle's Modular Office {CU-13-96) -The Zoning Administrator is requesting Council approval of the Findings of Fact for the conditional use application submitted by the City of Eagle. The site is located at 310 E. State St. approximately 200 feet east of Second St. Mayor introduced the issue as discussed the previous public hearing. Presented the findings of fact and conclusions of law as noted in the previous council motion. Bastian: Moves to approve the Findings of FactJConclusions of Law for CU-13-96, seconded by Merrill, ALL AYE, MOTION CARRIES ..... G. Proposed Modifications to the Fee Schedule for Land Use Planninq Actions - The Zoning Administrator is requesting Council consideration of proposed modifications to the fee schedule for land use planning actions. Issue approved under the Consent Agenda. City Attorney would like to discuss the issue of the Kestral Cove issue under executive session. Zoning Administrator Report: Provided information on the New Horizon Child Care center, general discussion of other signage issues. General discussion of the process for approval. Masner would like to remand the signage issue back to Design Review. General discussion on the issues of procedure through Design Review, Planning and Zoning, and the Council. Zoning Administrator noted a discussion of the Saturday meeting with the AIC planning issues. General discussion of the procedure for the presentation of the applications, as noted in 1- 8-1, et seq., Eagle City Code. Finally, the Zoning Administrator noted the recent items docketed and filed with the City. Merrill would like to add the approval procedures to a future agenda. General discussion of the issues. Bastian noted the possibility of using the Consent Agenda as the tool to deal with this problem. Additional discussion. Masher: Moves to accept Bastian's recommendation to place design review items on the consent agenda for council approval. Bastian seconded. Discussion of the issue. Masner withdraws the motion, Bastian concurs. Mayor instructed the Zoning Administrator to provide a report outlining the current issues of Planning and Zoning. Yzaguirre noted a need to schedule a workshop with Planning and Zoning. General discussion of the comments from Planning and Zoning. General discussion of the possible meeting dates. Mayor introduced the need for a Roll Call vote to go into executive session to discuss the Kestral Cove issue on the basis of pending litigation. Yzaguirre so moved, seconded Masner. BASTAIN, AYE; YZAGUIRRE, AYE; MASNER, AYE; MERRILL, AYE; ALL AYE MOTION CARRIES .... OFF THE RECORD AT 11:30 P.M. BACK ON THE RECORD AT 11:40 p.m. 8. ADJOURNMENT: Masner moves to adjourn, seconded by Merrill. ALL AYE, MOTION CARRIES .... Having no further business, the Council meeting adjourned at 11:45 p.m.. H:\COUNCIL\MINUTES\1997\CC012897.MIN 14 Respectfully submitted: EAGLE CrT'Y CLERK/TREASURER MAYOR ~ A. BOWER H:\COUNCIL\MINUTES\1997\CC012897.MIN 15