Minutes - 1997 - City Council - 10/14/1997 - RegularORIGINAL
EAGLE CITY COUNCIL MEETING
MINUTES
October 14, 1997
PRECOUNCIL: 6:30 p.m. - 7:30 p.m.
1. Sheriff's Report: Deputy Alan Cavner from Ada County Sheriff's Department, representing
Lt. Cowles. Provides Council with monthly Sheriff's report. General discussion. Patrol cars will
now have a emblem on the front fends that says "City of Eagle". Discusses the school crossing
at Seven Oaks School, has requested that flashers be installed and are patrolling the area.
General discussion. Discussion on the intersection of new Hwy 55 and Hill Road. Discussion
on teenage traffic at Eagle Hills Way. Discussion on the noise ordinance.
2. Mayor and Council's Reports:
Merrill: Reports on the Historical Commission booth that was at the Fire Department's 50th
anniversary celebration; working on a historic calendar for the year; State Historic Society would
like permission to use some of Eagle's history. Discuss Capital Improvement Plans that she is
working on with Donna Griffith. Discusses the skateboard park. Met with the Eagle/Garden
City Rotary Club who would like to do the bridge in the arboretum. Discussed the bridge at
Island Wood with the Land Group.
Sedlacek: Met with Carl, manager of Senior Center. He would like to monitor who is in and out
of the Senior Citizen Center.
Masner: Reports on the sub-committee he is chairing for APA on bike pathways. General
discussion.
2. City Clerk/Treasurer's Report: Discussion on the November 4, 1997, election.
Discussion on the February Library Bond Election and the Eagle Sewer District Election and
using the same polling places.
3. Zoning Administrator's Report: Displays a map overlay showing Leo Park's property. A
Real Estate Agent wants to be on a Council Agenda to discuss a bridge over the Eagle drain that
would end up on Park's property. Butler provides the history on the bridge. Discussion on LID
or Business Improvement District. Discusses progress with the School District and the
overcrowding conditions of the schools and the need for a new school site. General discussion.
4. City Engineer's Report: No report
5. City Attorney's Report: No report
Mayor calls a recess at 7:30 p.m.
Mayor reconvenes meeting at 7:35 p.m.
COUNCIL: 7:30 p.m.
1. CALL TO ORDER:
2. ROLL CALL: Bastian, Masner, Merrill, Sedlacek. A quorum is present.
3. PLEDGE OF ALLEGIANCE:
4. CONSENT AGENDA:
Sedlacek: I would remove Item 4A from the Consent Agenda for correction.
Bastian moves to approve the Consent Agenda. Seconded by Masner. Discussion. Merrill
removes Item 4E and 4F from the Consent Agenda. ALL AYE: MOTION CARRIES...
A. Minutes of September 23, 1997
B. Minutes of September 30, 1997
C. Claims Against the City
D. APA Articles of Agreement - Dissolution of Assets Provision - Resolution 97-15:
The City Clerk is requesting Council approval of the above agreement through
Resolution 97-15. (SKS)
E. Island Woods #4 FP-7-97: B.W., represented by Dan Torfin, is requesting final plat
approval for Island Woods Subdivision No. 4, a 49-1ot (39-buildable) residential
subdivision. The 33.43-acre (approx.) site is located approximately 1,440-feet southeast
of Eagle Road and Island Woods Drive. The site is within the Eagle City Limits.
F. LS-7-97 - Lot Split - Albertson's Inc.: Albertson's Inc., represented by Gordon
Anderson with Anderson-David & Associates, is requesting approval of a lot split for the
creation of two lots located on the northeast comer of the Alternate Route and Eagle
Road at 500 South Eagle Road.
G. Appointment of Judges and Clerks for the November 4, 1997 Elections: The City
Clerk is requesting the appointment of two election Judges and five Clerks for the up-
coming November 4, 1997 election. (SKS)
A. Minutes of September 23, 1997.
Sedlacek: Correction on Page 1 of the minutes of September 23, 1997, it should read 20-22 trees
at a cost of $100-$150 per tree to move rather than 100 - 150 trees.
Sedlacek moves to approve the Minutes of September 23, 1997, with the corrections.
Seconded by Bastian. ALL AYE: MOTION CARRIES .....
E. Island Woods #4 FP-7-97: B.W., represented by Dan Torfin, is requesting final plat
approval for Island Woods Subdivision No. 4, a 49-1ot (39-buildable) residential subdivision.
The 33.43-acre (approx.) site is located approximately 1,440-feet southeast of Eagle Road and
Island Woods Drive. The site is within the Eagle City Limits.
Mayor introduces the issue.
Merrill has a question on where we are with the approvals from ACHD, DEQ, Eagle Water and
Sewer and also the issue of the turn lane.
Dan Torfin. Relative to the approvals for DEQ and ACHD, the plans are submitted to the Sewer
District and the Highway District and will then go on to DEQ. We will have all the approvals in
place before we ask the City for final signature on the plat. As to the turn lane, I have talked to
the State Transportation Department and they had planned to put the turn lane in this spring,
however, they went ahead and stripped a center line down the middle. We have been working as
a neighborhood to try and get them to do that. They have assured us that they are going ahead to
put that turn lane in.
Masner: I have been in contact with ITD on the turn lane. The turn lane will be stripped on the
20th. It is a committed deal.
Merrill moves to approve Island Woods #4 FP-7-97. Seconded by Sedlacek. ALL AYE:
MOTION CARRIES .........
F. LS-7-97 - Lot Split - Albertson's Inc.: Albertson's Inc., represented by Gordon Anderson
with Anderson-David & Associates, is requesting approval of a lot split for the creation of two
lots located on the northeast corner of the Alternate Route and Eagle Road at 500 South Eagle
Road.
Mayor introduces the issue.
Merrill: I would like a clarification on where we stand with this lot split.
Butler: Albertson's is now following the law and proceeding with the lot split.
Merrill moves that we approve LS-7-97 Lot Split Albertson's Inc. Seconded by Masner.
ALL AYE: MOTION CARRIES ......
5. UNFINISHED BUSINESS:
A. Eagle Island Pedestrian Bridge: An update will be given on the status of this project.
Mayor introduces the issue.
Charles Marler, consultant for the City of Eagle. Explains the King Hill Bridge and where it will
be placed to complete the bike path. Discusses the removal and the painting of the bridge and
putting it in place. Displays an overview of the bridge as it is in place today. Discussion on the
historic aspects of the bridge. Bridge is listed in the National Park Service and is listed on
Idaho's Historic Bridge Register that ITD has put together. Discussion on the cost of moving
and installing the bridge. The bridge will cost approximately as much as a new pedestrian
bridge but a new bridge will not have the historic flavor. Discussion on grants and finding
funding for this project.
Mayor: Holladay Engineering is requesting Council approval of $2,500 for continuation of the
Eagle Island pedestrian Bridge.
General Council discussion on the costs of this project.
Merrill moves to accept Holladay Engineers' proposal for Phase 1 of the Eagle Island
Pedestrian Bridge of $2,500.00. Seconded by Sedlacek. Discussion. ALL AYE: MOTION
CARRIES .........
B. Resolution 97-14 - CPA-5-97 - Cit~ initiated Comprehensive Plan amendments:
Amendments could include, but are not limited to, adding light industrial/industrial park land
uses, changing commercial along State Street to discourage strip commercial and to encourage
commercial clusters, bringing the Comprehensive Plan land use map designations into
conformance with existing new development and zoning, modifying the mixed use/high density
category on the current Plan, providing for a central business district designation on the Plan, and
providing for a scenic corridor boundary on the plan. See proposed land use maps and
comprehensive plan text at City Hall. (MLB) Continued from the September 23, 1997 meeting.
Mayor introduces the issue.
Butler: I have made the changes to the text and to the map. Butler goes through each of the text
changes with Council and shows Council the changes that have been made to the map. General
discussion on the changes. Discussion on the Musick, McCalley and Jantz property on State
Street and the zoning on the properties.
Bastian moves for approval of Resolution #97-14, CPA-5-97 - City Initiated
Comprehensive Plan Amendments as proposed in the document labeled 5B, excluding the
map, and including the proposed changes made tonight. Seconded by Sedlacek..
Discussion. ALL AYE: MOTION CARRIES .........
Bastian moves that we approve the land use map presented this evening Seconded by
Masner. Discussion. 3 AYE: MERRILL NAY: MOTION CARRIES .........
C. CPA-l-97 - Comprehensive Plan Amendment Mark Guho: Mark Guho is requesting a
Comprehensive Plan Amendment from medium density residential (4 or fewer units per acre) to
commercial. The site is located on the northeast corner of Cobblestone Lane and State Street
approximately ¼ mile west of Eagle Road. The address of the site is 450 W. State Street. (MLB)
Continued from the September 23, 1997 meeting
Mayor introduces the issue.
Butler: This was delayed for the Council to approve Resolution #97-14, Comprehensive Plan
Amendments. We just took this action. We actually approved the Comprehensive Plan which
changed his property to CBD.
General and legal discussion.
D. RZ-2-97 - Rezone from R-5 to C-2 and L-O - Mark Guho: Mark Guho is requesting a
rezone from R-5 (residential) to C-2 (general business district) and L-O (limited office district).
The property is approximately 430-feet deep. The front 260-feet of the site that fronts State St. is
proposed to be rezoned to C-2 with the remainder of the property to be rezoned to L-O. The site
is located on the northeast comer of Cobblestone Lane and State Street approximately ¼ mile
west of Eagle Road. The address of the site is 450 W. State Street. (MLB) Continued from the
September 23, 1997 meeting.
Mayor introduces the issue.
Butler: Recommends approval of a rezone of this property to CBD.
Masner moves that we approve RZ-2-97 Rezone from R-5 to CBD. Seconded by Merrill.
Discussion. ALL AYE: MOTION CARRIES ...........
E. Appeal of Planning and Zoning Commission decision on DR-7-97 - Promotional
Billboard Sign for Downtown Eagle -Pauline Hinman: Pauline Hinman, representing the
Eagle Chamber of Commerce, is appealing, to Council, the Planning and Zoning Commission
decision to deny a billboard sign to promote downtown Eagle. The sign is proposed to be
located on the property at 1871 McGrath Road (property abuts the south side of the alternate
route), approximately 1000-feet east of the intersection of State Highway 44 (alternate route) and
East State Street (extension of Edgewood Lane).(MLB) Continued from the September 3 O, 1997
meeting.
Mayor introduces the issue.
Pauline Hinman, President of Eagle Chamber of Commerce, 404 Ranch Drive. I would like to
give the floor to Bill Ditz, head of the Economic Development Commission.
Bill Ditz, 673 W. Fordam Drive. I would like to summarize a global view of the sign and ask
you to listen to some of the statistical facts. Provides Council with a copy of the October 14,
1997, Memorandum. Displays a color rendition of the proposed sign. Discusses the project.
14x48 was recommended because we are on a divided highway. We have the money from an
auction to put rather extensive landscaping around the sign. This sign will sit lower to the
ground than several signs along State Street.
Todd Taylor, 1307 N. 18th, Young Electric Sign Company. Discusses the company and their
knowledge of signs in the area. Discusses the proposed sign and why the type of sign was
chosen.
Bill Ditz. We are asking the City to split the cost of the sign for the first lease term. The cost
would be $702 per month. We propose a 50/50 split with the City. The City's responsibility
would be $351.00 per month for the first year and go up with each additional year. The
landscaping would be put in by our expense. General discussion. Chamber expense to bring
water and power to the site.
Butler: Discusses the Sign Ordinance. There is some criteria in the Ordinance for entry signs.
Displays and discusses overlay. Discusses Entry Statement. Discusses the Design Review
Ordinance in regards to monument signs. Discusses the Staff Report, the action taken by Design
Review and the Planning and Zoning Commission. The landscape design submitted was not
approved by the Design Review Board.
Todd Taylor discusses why this site was chosen instead of the property across the Bypass.
General Council discussion.
Legal discussion on the Sign Ordinance. Legal opinion is that this sign is in violation of the Sign
Ordinance because of the size. The only way to get beyond this is to amend the zoning code.
General Council discussion.
Masner moves that we table this issue and instruct the Mayor to set up workshops. Seconded by
Bastian. Discussion. Masner withdraws his motion and Bastian withdraws his second.
Bill Ditz: Would like to know what other signs would be allowed on the Bypass. Discusses the
money raised from the auction to support the sign and support Eagle. Discusses that this could
be a monument entry sign. Discusses what size of sign the Chamber could design.
Bastian moves that we remand this back to Design Review. Seconded by Masner.
Discussion. ALL AYE: MOTION CARRIES .........
Council discussion on sharing the costs with the Chamber of Commerce.
Bill Ditz: Discusses the impact of the sign on the businesses in Eagle and money generated.
Mayor announces that Sedlacek and himself will work with the Chamber on the sign issue.
Mayor: We will not get through the Agenda tonight, I would like to have a motion that we
hear the two Public Hearings and continue the rest of the Agenda to the next regularly
scheduled meeting. So moved by Masher. Seconded by Bastian. ALL AYE: MOTION
CARRIES ...............
Mayor calls a recess at 9:50 p.m.
Mayor reconvenes the meeting at 10:05 p.m.
6. PUBLIC HEARINGS:
A. Ordinance 298 - ZOA-5-97 - City Initiated Zoning Ordinance Amendments: To amend
ordinances related to zoning interpretation and definitions to clarify interpretations, provide
additional definitions for uses not shown, and to clarify definitions of uses currently defined; to
amend ordinances related to zoning districts and zoning map to clarify definitions of existing
established districts and to establish new districts, to make zoning designation changes to the
official zoning map incorporation by reference, to add, delete and modify uses within the
schedule of district use regulations, and to modify the schedule of building height and lot area
regulations; to amend ordinances related to performance standards to modify and provide
additional supplemental general provisions and supplemental yard and height regulations. See
proposed zoning maps and zoning text at City Hall. (MLB)
Mayor introduces the issue.
Butler: Presented this at the last meeting. Provides a review for the Council. Displays the
zoning map and points out the areas of concern.
Mayor opens the Public Hearing.
Angela Deckers, 2249 Dickey Circle. Speaking on her behalf and in behalf of the 38 homes in
her subdivision. I am the new President of the Water Board and new Homeowner's Association.
We have been involved with the Public Workshop process and have provided input. We have
also been to the Planning and Zoning meetings. Council has received a letter with 36 signatures
from our subdivision with concerns for the zoning in our area. Ist item: Gravel Pit AD78: We
support Planning and Zoning recommendation and the Zoning Administrators recommendation.
2nd item: 15 acre parcel of raw development land. We recommend that this density is reduced
to R-3 or R-2. We do not want our subdivision to be a thoroughfare. 3rd item: The industrial
activity to the East of our subdivision, Prime Earth. Zoning was incompatible with the
surrounding zoning when zone. We would like to see some help on this. We recommend an R-1
zoning.
Richard Butterfield, 2400 Hill Road. Property right next to Prime Earth gravel pit. Discusses
the present zoning and the proposed new zoning. Supports the zoning recommendations that are
on the map. Displays an aerial photo of the area and discusses the same.
Bob Beckwith, 2260 Dickey Court. Encourages Council to adopt the proposal put together by
the Planning and Zoning Commission. M-2 zoning is not compatible with what we would like to
see.
Terry Loftus, 216 Rene Place. Supports the zoning change and would like to see the 15 acres
behind Sadie instead of an R-4 be an R-2.
Steve Deckers, 2249 Dickey Circle. I am in support of all of the changes recommend by the
Planning and Zoning Commission. Discusses the zoning on R-15.
Bill Selvage, 1992 Springbrook Lane. Wants to make sure the testimony submitted on
September 30, 1997, is part of the public record.
Don McDonagh, 385 Dickey Drive. Discusses the traffic in the area and the gravel pit zoning.
Rick Musick, 4526 Old Valley Road. It was my understanding that we were going to have a
zoning change and now I understand that our zoning will remain the same. Discusses his
concerns on the zoning for his property. Wants the automotive dealership to be a permitted use.
Diane Butterfield, 2400 Hill Road. Discusses the gravel pit and the zoning. Would like to see
the Conditional Use Permit enforced.
Mayor closes the Public Hearing.
General Council discussion and discussion with Butler on the proposed changes. Butler reviews
the changes proposed on the zoning map.
Bastian moves that we approve the City of Eagle zoning map to include the changes just
proposed by the Zoning Administrator. Seconded by Masner. Discussion. ALL AYE:
MOTION CARRIES ............
Bastian moves to approve the text of Ordinance #298 without approving the Ordinance as
such. The text changes would be that the auction facility under M-1 to permitted use; the
automotive and mobile home, travel trailers and farm implement sales under M-1 to
permitted use and under C-2 to Conditional; change the building supply outlet under M-1
to permitted; the use of shop contractors under yard sale change that to Conditional
under C-2; truck and equipment repair and sales, heavy, under C-2, allow that under
conditional. The heights to be no greater than 35' except for Zoning District A which is
60'. Change mobile home park, leave it in and cross out manufactured both in the title and
the text. Page 20 of 29 leave as mobile home and mobile home park rather than
manufactured in both instances. Allow banks and financial institutions with no drive-up
service as a permitted use in the MU and as a conditional use for drive-up service in the
MU. Allow a golf course and related service in an M-1-A zone. Staff's recommended
language on shopping centers and shopping malls and the approved uses. Seconded by
Masner. ALL AYE: MOTION CARRIES .........
Masner moves, pursuant to Idaho Code, Section 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 #298 be considered after being read once by title only. Masner reads the title of
Ordinance #298. Seconded by Merrill. ALL AYE: MOTION CARRIES ........
Masner moves that Ordinance #298 ZOA-5-97 be adopted. Seconded by Bastian. Bastian:
AYE; Masner: AYE; Merrill: AYE; Sedlacek: AYE: ALL AYE: MOTION
CARRIES ............
B. VAC-2-97 - Sovglass Sub. Final Plat -Vacation of Landscape Easements - Peter A.
Wierenga: Peter A. Wierenga is requesting a vacation to the final plat of Spyglass Subdivision.
The proposed vacation would allow thc removal of the landscape and pathway easements along
thc west and north boundaries of the subdivision and along the property lines of 11 interior lots.
The subdivision is located on the northwest corner of Locust Grove and Chinden Blvd. (MLB)
Mayor introduces the issue.
Peter A. Wierenga, 10451 W. Garverdale Court, Boise. Asking for a vacation of landscape and
pathway easements and discusses the reasons for the vacation. Property owners do not want the
pathway through their backyards. Discusses the landscaping that has been done in the
subdivision. Discussion on the common lot vacation.
Butler: Displays overlay of Spyglass Subdivision plat and discusses the landscaping areas and
the pathways and the common lot. Staff did not make a recommendation on the vacation of the
landscape and pathway easements. Planning and Zoning recommended approval of the vacation
with conditions. General discussion.
Mayor opens the Public Hearing.
Chip Galllgher, Susan Court, Boise. I was involved with subdivision originally. My wife and 1
now own a lot in Spyglass Subdivision. We would like to see the vacation approved.
Randy Lindley, 830 E. Chinden Blvd. We have a farm next to the subdivision. Discusses the
area on the West Side where the concrete ditch is located that is used to irrigate the farm.
Discusses the height of the berm along the ditch. Need to take the fence up to the 6' level. We
are in favor of doing away with the walkway and the pathway.
Mayor closed the Public Hearing.
General Council discussion.
Discussion among Council, Lindley and Wierenga on the fence, berm and ditch.
Masner moves that we approve the vacation of the pathways as requested by Mr. Wierenga
and move that we insist that the common lot stay in the plan. Seconded by Merrill.
Discussion. Merrill: I ask that the make of the motion include the berm to be 2' with a 6'
vinyl fence, if available. Also include #1-that the applicant record the 81/2 x 11 copy of the
plat showing the easement being removed and #4-The applicant shall provide the City with
an amended copy of the CC&R's for the subdivision to be reviewed and approved by the
City Attorney, the amended CC&R's shall have a provision for the requirement of a
minimum of three trees to be placed in the front of each yard prior to Certificate of
Occupancy being issued. Seconded by Merrill. 3 AYE: BASTIAN NAY: MOTION
CARRIES .........
Butler: The Bond expires October 24, 1997, and I would like to cash in on the Bond unless
Council directs me to extend it.
Wierenga: I would like to have the bond extended and reduced. The majority of the landscaping
is in already. I would also like to ask that we remove that pathway along Chinden.
Bastian moves that we eliminate the requirement for a pathway along Chinden. Seconded
by Sedlacek. Discussion. ALL AYE: MOTION CARRIES .........
Discussion on the Letter of Credit.
Merrill moves to extend the Letter of Credit for 60 days. Seconded by Sedlacek.
ALL AYE: MOTION CARRIES .........
Merrill moves to continue the New Business to the next regularly scheduled meeting.
Seconded by Sedlacek. ALL AYE: MOTION CARRIES ............
Bastian moves to go into Executive Session to discuss acquisition of property. Seconded
by Merrill. ALL AYE: MOTION CARRIES ............
COUNCIL GOES INTO EXECUTIVE SESSION AT 12:20 A.M.
Masner moves to go out of Executive Session. Seconded by Merrill. ALL AYE: MOTION
CARRIES .........
Masner moves that we reconsider our decision on the zoning map. Seconded by Bastian.
ALL AYE: MOTION CARRIES ...........
Masner moves that we reconsider our decision on rezoning the Monroe and Eagle Gravel
property proposed to rezoned on the August 27, 1997, map to R-1 and leave it the way it
currently is, M-2 and M-3. Seconded by Merrill. ALL AYE: MOTION CARRIES..
7. NEW BUSINESS: Continued to the October 28, 1997, City Council meeting.
A. Echo Creek (Trail Creek) Landscaping Bid: Mayor Yzaguirre would like Council to
discuss whether or not the City wishes to dedicate funds to the Echo Creek Homeowners
association for the installation of a sprinkler system and of their berm. (RY)
B. Cooperative Agreement between the city of Eagle and Lexington Hills:
C. Planning and Zoning Committee Appointment: Mayor Yzaguirre is requesting Council
approval of his appointment to the Planning and Zoning Committee.(RY)
8. ADJOURNMENT:
Masner moves to adjourn. Seconded by Bastian. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 1:00 p.m.
Respectfully submitted:
SHARON K. SMITH
CITY CLERK/TREASURER
APPROVED:
MAYOR ,4