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Minutes - 1997 - City Council - 07/15/1997 - RegularORIGINAL EAGLE CITY COUNCIL MEETING MINUTES July 15, 1997 PRECOUNCIL: 6:15 p.m. - 6:40 p.m. Ada County United Veterans Council: Mike Meade: Would like to discuss the possibility of donating a Community Center for Merrill Community Park. Mike Meade, President of the Ada County United Veterans Council of Boise. Mr. Meade distributes information regarding the proposed recreation center, and gives an overview of the project. Ada County Veterans Memorial Community Center is the name of the proposed center. This facility would be approximately 10,000 square feet. They would like 2.5 - 3.0 acres for the facility. It will be approximately 9 months to a year before they would be able to break ground. They are shooting for a dedication ceremony on Memorial Day in the year 2000. Steve Guerber 699 Ranch Dr. Eagle, Id the Merrill Community Parks Chairman, suggests some steps the Veterans Council and City Council may wish to consider taking in regards as how to move forward on this potential partnership. He feels it is an excellent opportunity for both Councils. Matthew Glavach 1032 Pimlieo Eagle, Id I thought the Merrill's donated the land for a Community Center, not a Veteran's Center. Council member Masner addresses the issue. Mayor Yzaguirre asks if Mr. Glavach would be willing to serve on the Merrill Park Committee. The committee will contact him when the next meeting is scheduled. Mayor calls a recess at 7:40 pm Mayor reconvenes the meeting. 7:50 COUNCIL: 6:50 p.m. 2. 3. 4. CALL TO ORDER: ROLL CALL: Masner, Merrill, Sedlacek: Present Bastian: Absent. A quorum is present. PLEDGE OF ALLEGIANCE: CONSENT AGENDA: Masner moves to approve the Consent Agenda. Seconded by Merrill. ALL AYE... MOTION CARRIES... A. Rock Chuck Control: Councilmember Merrill is requesting Council approval of a bid for removal of existing rock chuck population until October 1, 1997. B. Pooulation Sic, ns: The Zoning Administrator is requesting .Council to approve the cost of the larger 24"x36" sign with the city seal. 5. PUBLIC HEARINGS: A. RZ-5-96 - Rezone from A to C-2 - Cord Christeusen Cord Christensen with Albertson's Corporation is requesting a rezone from A (Agricultural) to C-2 (Commercial). The applicant is proposing to construct a parking lot and new fuel island and canopy. Approval of design review for the Albertson's development is also needed.. The site is located at 434 S. Eagle Rd., near the northeast comer of Eagle Rd. and the Eagle Alternate Route. Page 1 of 4 \\Eaglel\sys\SHARED\COUNCIL\MINUTES\I997\July 15, 1997 sp meeting.doc Mayor introduces the issue. Merrill notes that Merrill Egg Farm does do business with Albertson's in their grocery store, however they are not involved with them in any way, whatsoever with gas. With this said she will participate in the discussion and voting process of this issue. Masner notes the past dealings of his employer with Albertson's, his employer is no longer doing any business with Albertson's and believes they will never do business with them in the future. He will also participate in the discussion and voting regarding this item. Cord Christensen, 101 Firwood Eagle, ID representing Albertson's. Gives an overview of the issue. The Zoning Administrator gives his staffreport, and the proposed development agreement. General discussion between Butler and Council. Mayor Yzaguirre opens the Public Hearing. No one has signed up and no one in the audience wants to speak on this issue and no written testimony has been received. Cord Christensen responds to the staff report. Discussion between Christensen and Council. Mayor closes the public hearing portion of this item General discussion between Council. Sedlacek moves to approve the rezone with the development agreement as proposed by staff.. Seconded by Merrill. Discussion. Sedlacek withdraws her motion. Merrill withdraws her second. Merrill moves to approve RZ-5-96 rezone from A to C-2 with the additional conditions that the applicant comply with the development agreement and the Design Review conditions, that the applicant may sell gas and diesel only, and the condition that the building shall not exceed 400 sq ft. Seconded Masner. Discussion. ALL AYE...MOTION CARRIES... Mayor calls a 5 minute recess: Mayor reconvenes the meeting at 7:55pm. 6. NEW BUSINESS: A. DR-17-95 MOD - Proposed 1-acre expansion to Albertson's site for parking lot modifications and construction of a fuel island and canopy - Cord Christensen: The Zoning Administrator is requesting that this item be appealed from the Planning and Zoning Commission to the City Council. Albertson's Corp., represented by Cord Christensen, is requesting approval for a modification to their original design review application to allow parking lot modifications and construction of a fuel island and canopy. The site is located at 434 S. Eagle Rd., near the northeast comer of Eagle Rd. and the Eagle Alternate Route. Mayor introduces the issue. Butler gives an overview of the project. Regarding the decisions of the Design Review Board and Planning and Zoning Commission actions. Butler felt that the Council may wish to address and or review this item. It is up to Council discretion whether or not they wish to hear from the applicant. Merrill notes that the applicant is here and would like to hear from him. Page 2 of 4 \\Eaglel\sys\SHARED\COUNCILLM1NUTES\1997\July 15, 1997 sp meeting.doc Cord Christensen, 101 Firwood Eagle, ID gives a history of the project. Mike Baldner, 250 Park Center Boise, Id. would like council to reconsider the rezone item. Consults the City Attorney regarding the appropriateness of making this request at this point. John McFadden states that it is preferable that it be addressed at the conclusion of this Design Review item, but if Mr. Baldner feels like it is relevant at this time he may proceed. Mr. Baldner gives more details regarding the history of the application and the effects of the Councils decision regarding the rezone application. Butler recommends approval with the conditions in the report. Discussion between Butler, Council, and the City Attorney. Butler notes that if Council chooses to approve this item he would like a suggested modification to item #13. Cord Christensen, addresses his comments toward Butlers proposed changes. Discussion between Council and Mr. Christensen. Sedlacek moves to approve the Design Review modification with the suggested changes expressed by the Zoning Administrator, and that Albertson's no longer be required to place the historical lighting on the south side of the street. Seconded by Merrill. Discussion. Sedlacek amends the motion to allow them to reduce the size of the gas station if they so desire. ALL AYE...MOTION CARRIES... Mayor notes that the applicant did ask if there was any desire to reconsider on the rezone. Council consults Legal Council as to how to approach this issue. Council expresses no desire to reconsider. B. Strategic Annual Goals: The Mayor is requesting Council to review and update the SAGs for the 1997-1998 Budget. Mayor introduces the issue. Merrill moves to continue the Strategic Annual Goals to the next council meeting. Seconded by Masner. Discussion. ALL AYE... MOTION CARRIES... C. Appointment of Design Review Board Member: The Mayor is requesting Council approval of his recommendation for the vacant Design Review position Mayor introduces the issue. Merrill moves to continue this item to the next council meeting. Seconded by Masner. Discussion. ALL AYE...MOTION CARRIES... D. Design Review Approval Process: .Nancy Merrill would like to review the approval process which the Design Review Board utilizes. Mayor introduces the issue. Councilmember notes that Jim Murray is the new Chairman for the Design Review Board, and the Vice-Chairman is Debbie Martinez. She conveys the Design Review Boards desire to have clarification regarding their role in the city government process. Masner moves to eliminate the Planning and Zoning phase regarding the Design Review process. Seconded by Merrill. Discussion. Masner withdraws his motion. Merrill withdraws her second. Masner moves to have the City Attorney study possibly making the Design Review Board a more Page 3 of 4 \\Eagle 1 \sys\SHARED\COUNCILWIINUTES\ 1997\July 15, 1997 sp meeting.doe free standing body, and also look into the pros and cons of implementing a public hearing process at the Design Review level. Seconded by Merrill. Discussion. ALL AYE...MOTION CARRIES... E. Findings of Fact for Modification of Conditional Use Permit for Gravel Crushing and Hot Plant Operation (CU-11-96/MOD): The Zoning Administrator is requesting Council approval of the Findings of Fact for the modification of conditional use permit submitted by Idaho Transportation Department. The site is located on both sides of Hill Rd. in the newly acquired right of way, Approximately ~A-mile west of Horseshoe Bend Rd. Mayor introduces the issue. Attorney gives an overview of the findings of fact. Sedlacek abstains from voting regarding the findings of fact. General discussion amongst Council members. Merrill moves to approve the Findings of Fact and Conclusions of Law for CU-11-96 for the temporary gravel pit crushing and hot plant operation for Idaho Transportation Department, for the modification of the conditional use permit. Seconded by Masner. ALL AYE...SEDLACEK ABSTAINS MOTIONS CARRIES... 7. ADJOURNMENT: Merrill moves to adjourn. Seconded by Masner ALL AYE: MOTION CARRIES ........ Hearing no further business, the Council Meeting adjourned at 9:00 P.m. Respectfully submitted: SH~ON K. SMITH EAGLE CITY CLE~ APPROVED: ~CK Y~~ MAYOR Page 4 of 4 \\Eagle 1 \sys\SHARED\COUNCIL\M1NUTES~ 1997\July 15, 1997 sp meeting.doc