Minutes - 1998 - City Council - 08/11/1998 - RegularEAGLE CITY COUNCIL MEETING
MINUTES
August 11, 1998
ORIGINAL
PRECOUNCIL: 6:30 p.m. - 7:30pm
1. Planning & Zoning Commission Liaison Report: Butler reports on the Planning &
Zoning Commission meeting. Farrin Farnworth, P&Z: Discusses Eagle Pavilion, the
entrance to the City and the area of the LID in conjunction with this project.
2. Mayor and Council's Reports: Men:ill: Fountain will be off three days this week
and the first three days next week to complete the work. Reports on the tennis court at
Friendship Park. There are big cracks in the concrete and they should be repaired as a
preventative measure. Discusses the meeting with the Ada County Commissioners on the
Sports Complex Park. The consensus is that the Skateboard Park will be placed in the
Sports Complex Park. General discussion. Echo Creek berm has a leak and needs to be
repaired.
Bastian: Reports on the progress of the new Library. Scheduled to be completed in late
December.
Sedlacek: Talked to Bill Jarocki. Bill will not have time until October to work on this.
Council should put their ideas on consolidation of the municipal services in writing to
facilitate this process. Will need to have by September 15th. Senior Board will not meet
until Thursday. Reports on the Tomlinson property. Discussion on where to locate signs.
Mayor: Discusses the letter received today from Holladay Engineering in regards to the
consolidation of municipal services. Will follow up on the Well's property.
1. City Clerk/Treasurer's Report: Discusses the State of Idaho, Division of Building
Safety, inspection. Orval Krasen Park will cost approximately $1,000 to expand the fall
zone for the swings. September 1st is the joint meeting with ACHD Commissioners.
August 3 l~t would be joint meeting with P&Z. Council agrees that a joint P&Z meeting
is not necessary.
2. Zoning Administrator's Report: Discusses the meeting he attend with Treasure Valley
Technical Committee. General discussion. Discussion on staff reports and staff
recommendations. Discussion on Design Review guidelines.
3. City Engineer's Report: No report
4. City Attorney's Report: Discusses the RFP for Waste Collection and the Ordinance
for Heritage Park. Discussion on a workshop on LID and Impact Fees.
Mayor calls a recess at 7:15 p.m.
Mayor reconvenes meeting at 7:30 p.m.
COUNCIL: 7:30 p.m.
1. CALL TO ORDER:
2. ROLL CALL: Bastian, Merrill, Sedlacek present. Guerber - Absent. A quorum is
present.
3. PLEDGE OF ALLEGIANCE:
4. CONSENTAGENDA:
· Consent Agenda items are considered to be routine and are acted on with one
motion. There will be no separate discussion on these items unless the Mayor,
a Council Member, member of City Staff, or a citizen requests an item to be
removed from the Consent Agenda for discussion. Items removed from the
Consent Agenda will be placed on the Regular Agenda in a sequence
determined by the Rules of Order.
· Any item on the Consent Agenda which contains written Conditions of
Approval fi-om the City of Eagle City Staff, Planning & Zoning Commission,
or Design Review Board shall be adopted as part of the City Council's
Consent Agenda approval motion unless specifically stated otherwise.
A. Minutes of July 28, 1998
B. Minutes of August 4, 1998
C. Minutes of May 26, 1998. (Note these minutes were previously approved, but
a correction has been made.)
D. Claims Against the City
E. Extension of Time for CU~3-97 - Gravel Extraction - Ed Itendershot: Ed
Hendershot is requesting a one year extension of time for the conditional use
permit approval (CU-3-97) for a gravel extraction operation. The 26.82-acre
site is located approximately 3/8-mile east of Eagle Rd., abutting Island
Woods Subdivision on the west and the North Channel of the Boise River on
the north. (MLB)
F. Preliminary Plat Extension of Time for Fuerte De La Aguila Subdivision
- LaRue Bevington: On July 21, 1998, La Rue Bevington submitted an
extension of time application for Fuerte De La Aguila preliminary plat. He is
requesting a 1-year extension due to incomplete paper work for the final plat.
The 1.08-acre subdivision consists of one vacant lot for commercial use, a
second lot for an existing veterinary clinic, and a third lot for an existing
residence. The site is located on the northeast comer of State Street and
Palmetto Avenue. (MLB)
G. Findings and Conclusions for a Conditional Use (CU-2-98) for B.B. One:
Project Description: B.B. One, represented by Dennis M. Baker, is requesting
a conditional use permit for a 9,500 sq. ft. montessori childcare center to be
located within a 13,500 sq. ft. multi-tenant building proposed within Channel
Center commercial subdivision. The 2.9-acre site is located is located near the
southwest comer of State Highway 44 and S. Eagle Road at 655 S. Rivershore
Lane. (MLB)
H. Findings and Conclusions for a Conditional Use (CU-3-98) for B.B. One:
Project Description: B.B. One, represented by Dennis M. Baker, is requesting
conditional use approval for three temporary structures for a Montessori
childcare center to be located within Channel Center commercial subdivision.
The 2.9-acre site is located is located near the southwest comer of State
Highway 44 and S. Eagle Road at 655 S. Rivershore Lane. (MLB)
Merrill moves to approve the Consent Agenda. Seconded by Sedlacek. ALL AYE:
MOTION CARRIES.
5. UNFINISHED BUSINESS:
A. Clarification of time restrictions for one-way parking on 1" Street. (RY)
Mayor introduces thc issue.
Jim Gibson, There is no parking problem during the day time hours. My office is in this
location. There are usually no more than four cars at one time in a 12 car parking area.
This is a real inconvenience for my business and clients. The one-way provision is no
problem.
Discussion on reconsideration.
Merrill moves to waive the restriction of the 2 hour time limit to the parking on the
one-way street north on First Street from State Street to Idaho and on the one-way
street south on First Street from State Street to Aikens. Seconded by Bastian. ALL
AYE MOTION CARRIES.
B. Review and discussion of Dronosed ordinance reeardine prohibited actions on
oublic tennis courts and in Heritage Park: (This item was continued from the July 28,
1998 mecting).(DB)
Mayor introduces the issue.
Legal Counsel notes that a public hearing is required by Idaho State Code in order for this
ordinance to be considered.
Merrill moves to continue this item for a public hearing to the August 25* meeting.
Also directs staff to have signs installed stating prohibited actions in parks.
Seconded by Sedlacek. ALL AYE MOTION CARRIES.
6. PUBLIC HEARINGS:
Mayor: We have three public hearings before us in reference to the Rocky Mountain
Business Park and we will take public comment on all three.
Mayor: Does any member of Council have a conflict of interest or ex parte contact?
Merrill: I have a conflict of interest as this is my brother in-law. I am also an adjoining
property owner within 300'. I would like to declare ex parte contact, my conflict of
interest and state that there has been no monetary gain involved.
Sedlacek: I have knowledge of this project in conjunction with my job at Eagle Sewer
District.
Mayor introduces 6A, 6B and 6C.
A. CU-4-98 - Rocky Mountain Business Park - Reid P. Merrill: Reid P. Merrill is
requesting Conditional Use approval for Rocky Mountain Business Park. The
development consists of 26 lots on 40+ acres and is generally located between State
Street and the Highway 44 Alternate Route extending from the north/south section of
State Street (extension of Edgewood Lane) eastward approximately ½ mile. (Note: The
Planning & Zoning Commission hem a combined public hearing including this item and
the following two items. They acted on each item separately. The Council may wish to
proceed in the same manner.) (MLB)
B. PPUD-4-98 - Rocky Mountain Business Park - Reid P. Merrill: Reid P. Merrill is
requesting Planned Unit Development Preliminary Development Plan approval for Rocky
Mountain Business Park. The development consists of 26 lots on 40+ acres and is
generally located between State Street and the Highway 44 Alternate Route extending
from the north/south section of State Street (extension of Edgewood Lane) eastward
approximately ½ mile. (MLB)
C. PP-3-98 - Rocky Mountain Business Park - Reid P. Merrill: Reid P. Merrill is
requesting Preliminary Plat approval for Rocky Mountain Business Park. The
development consists of 26 lots on 40+ acres and is generally located between State
Street and the Highway 44 Alternate Route extending from the north/south section of
State Street (extension of Edgewood Lane) eastward approximately ½ mile. (MLB)
Reid Merrill, 1125 E. State Street, displays a site plan of the Rocky Mountain Business
Park and discusses this project.
Butler: Displays an overhead of a vicinity map and the preliminary plat and discusses
this project. General discussion.
Farrin Famworth, 1600 Riverside Drive, Eagle. I am speaking tonight as a citizen and
not as a member of the Planning & Zoning. The pathway along the alternate route goes
nowhere. All these pathways are ending up in the same spot. This is excessive and is
expensive to the developer. There could be nine pathways and that is an excess. There is
an open concrete ditch that needs to be filed or left open. The fence that ITD has put up
should be taken down to help the developer maintain this area. Famworth states he is
against another stop light and an underpass. I don't have any problem with the overall
proposal of the project.
Mayor closes the Public Hearing.
Reid Merrill, applicant. Comments on Provision #21.
Mayor reopens the Public Heating so Council can question the applicant.
Discussion between Council and applicant on the pathways in this project.
Rodney McCoy, with Heartland Construction, points out the walkways in the project.
General comment between Council and applicant.
Jason Pfaff with The Land Group. We provided the overall concept. We tried to achieve
what is safe for this project. This is going to be a mixed use area.
Mayor closes the Public Hearing.
Council general discussion.
Bastian moves to accept CU-4-98 Rocky Mountain Business Park as proposed, with
the following changes. [page 11 of 26 of the Planning and Zoning Findings of Fact
and Conclusions of law] Site specific condition #1 shall be modified to read "...With
the exceptions of site specific conditions #8 and #11 all other conditions of approval
of this application also apply to Lot 16, Block 1, and Lot 1 Block 1." Retain
condition #11. Condition #21 shall be modified to read "Provide a note on ali deeds
or all final plats or provide a development agreement generally stating that, "All
property owners shall agree to participate in an LID, or similar funding method,
which may be initiated by the City to provide crossings of Highway 44 between
Eagle Road and the intersection of State Street with Highway 44. Two
pedestrian/bicycle overpass, underpass, or at grade crossings shall be provided. The
crossing shall be at a location that shall be mutually agreed upon between the city
and the applicant. Also, at grade intersection enhancements, such as landscaping,
crosswalk pavers and signage, for pedestrian safety and comfort at the intersections
of Highway 44 and Eagle Road, Highway 44 and Stierman Road/Palmetto Avenue
extended and Highway 44 and State Street (east of Eagle Road) shall be provided."
Seconded by Sedlacek. Discussion. 2 AYES: 1 ABSTENTION: MOTION
CARRIES.
Bastian moves to approve PPUD-4-98 Rocky Mountain Business Park with the same
conditions as CU-4-98. Seconded by Sedlacek. 2 AYES: 1 ABSTENTION:
MOTION CARRIES.
Bastian moves for approval of PP-3-98 Rocky Mountain Business Park with the
same conditions as CU-4-98. Seconded by Sedlacek. 2 AYES: 1 ABSTENTION:
MOTION CARRIES.
Mayor calls a recess at 9:10 p.m.
Mayor reconvenes the meeting at 9:20 p.m.
D. RZ-3-98 - Rezone from R-4 to CBD - James Beard: James Beard, represented by
James Gipson, is requesting a rezone from R-4 (Residential) to CBD (Central Business
District). The 0.3-acre site is located on the south side of Aikens Road approximately
250-feet east of Eagle Road at 79 East Aikens Road. (MLB)
Mayor introduces the issue. Does any member of Council have any ex parte contact or
conflict of interest.
James Gipson, P.O. Box 219, Eagle. Explains the location of the property to Council and
discusses the development in the area.
Butler: Displays an overhead showing the site and discusses the rezone. Planning &
Zoning recommended approval with a Development Agreement. General discussion.
Mayor opens the Public Heating.
Mayor closes the Public Heating.
Bastian moves to accept RZ-3-98 rezone from R-4 to CBD as presented with all site
specific and standard conditions as well as conditions recommended by Planning &
Zoning. With the exception that Commission recommendation #3 shall read: "The
applicant shall provide one half of a 10-foot wide public access easement along the
east property line of this site prior to issuance of a certificate of occupancy. To
avoid removing existing mature trees along the Eagle Drain the 10-foot wide
easement should be located entirely on the parcel which is the subject of this
application at the north end and should shift eastward to be entirely on the abutting
easterly parcel at the south end (specific location to be determined upon design
review for the site).". Seconded by Merrill. Discussion.
Merrill moves to amend the motion to accept the Commissions' decisions with the
exception that the underlined language in item #3 be removed. Seconded by
Sedlacek. Discussion. ALL AYE: MOTION TO AMEND CARRIES.
General discussion.
ALL AYE: MOTION AS AMENDED CARRIES.
E. RZ-6-98 - Rezone From R-4 to CBD - Elliott Industrial Company: Elliot
Industrial Company, represented by Kathleen Elliott, is requesting a rezone from R-4
(Residential) to CBD (Central Business District). (The property had received City
Council approval for rezone to C-2 on July 7, 1993. However, a defective legal
description halted the map amendment). The 0.5-acre site is located on the east side of S.
Kestrel Place approximately 100-feet south of State Street and approximately 560-feet
west of Eagle Road at 174 S. Kestrel Place. (MLB)
Mayor introduces the issue.
Butler: Provides Council some background on this rezone. The map was never changed.
It is residential on the map. The legal description was never done properly. I'm
recommending that the Council waive the fees for this. I represented this at the Planning
& Zoning for Kathleen Elliott.
Mayor opens the Public Hearing.
Mayor closes the Public Hearing.
General Council discussion.
Merrill moves to accept RZ-6-97 rezone from R-4 to CBD. Seconded by Sedlacek.
ALL AYE: MOTION CARRIES.
F. ZOA-4-98 - (Ordinance 328~ City initiated zonine ordinance amendment: Zoning
Ordinance Amendment: An ordinance amending Eagle City code Title 8 "Zoning",
Chapter 2A "Design Review overlay district", Section 7 "Landscape and buffer area
requirements", paragraph J "Buffer areas/common lots", Item 4; providing a severance
clause. (MLB)
Mayor introduces the issue.
Butler discusses the ordinance amendment. This is the result of the Design Review
recommendations and staff. General discussion.
Mayor opens the Public Hearing
Mayor closes the Public Hearing
Bastian 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 # 328 be considered after being read once by
title only. Bastian reads Ordinance #328 by title only. Seconded by Merrill. ALL
AYE: MOTION CARRIES .................
Bastian moves that Ordinance #328 be adopted as modified this evening and that
the term textured shall be stricken and the words cultured stone, decorative rock or
similarly designed shall be added (this modification shall be effective everywhere the
term textured concrete appears throughout the document). Seconded by Sedlacek.
Bastian: AYE; Merrill: AYE; Sedlacek: AYE: ALL AYE: MOTION CARRIES.
G. V-1-98 Variance for Zamzow's, Represented by BRS Architects: Zamzow's,
represented by BRS Architects, is requesting a variance to decrease the minimum 20% lot
coverage required for the 2.43-acre site located on thc northwest comer of State Highway
44 and S. Eagle Road at 435 S. Eagle Road. (MLB) (The applicant has withdrawn this
application.)
H. CU-1-98 - Conditional Use Permit - Zamzow's, Represented by BRS Architects:
Zamzow's, represented by BRS Architects, is requesting a conditional use penmit for a
3,000 sq. fi. bank with drive-thru. The 2.43-acre site located on the northwest comer of
State Highway 44 and S. Eagle Road at 435 S. Eagle Road. (MLB) (The applicant has
withdrawn this application.)
7. NEW BUSINESS:
A. Findings and Conclusions for a rezone (RZ-6-98) for Elliott Industrial
Company: Project Description: Elliot Industrial Company, represented by Kathleen
Elliott, is requesting a rezone from R-4 (Residential) to CBD (Central Business District).
(The property had received City Council approval for rezone to C-2 on July 7, 1993.
However, a defective legal description halted the map amendment). Thc 0.5-acre site is
located on the east side of S. Kestrel Place approximately 100-feet south of State Street
and approximately 560-feet west of Eagle Road at 174 S. Kestrel Place. (MLB)
Mayor introduces thc issue.
Merrill moves to accept the Findings and Conclusions for RZ-6-98 for Elliot
Industrial Company with the changes that the vote was 3 to 0. Seconded by Bastian.
Discussion. ALL AYE: MOTION CARRIES.
B. Ordinance 329 for rezone (RZ-6-98) for Elliott Industrial Company: An
ordinance changing the zoning classification of the real property described herein from R-
4 (residential) classification to CBD (central business district); amending the zoning map
of the City of Eagle to reflect said change; and providing an effective date. (MLB)
Mayor introduces the issue
Merrill 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 #329 be considered after being read once by
title only. Merrill reads Ordinance #329 by title only. Seconded by Bastian. ALL
AYE: MOTION CARRIES.
Merrill moves that Ordinance #329 be adopted. Seconded by Bastian. Bastian:
AYE; Merrill: AYE; Sedlacek: AYE: ALL AYE: MOTION CARRIES.
C. Lease Agreement between lTD and City of Eagle: Property located at the comer
of State Street and Highway 44 to be used as the location for thc east entry statement
signage and landscaping. (NM)
Mayor introduces the issue.
General discussion.
Sedlacek moves to authorize the Mayor Yzaguirre to contact John Evans and
authorize him to proceed with extension of water and power (property located at the
corner of State St. and Highway 44) for costs not to exceed $5000. Seconded by
Merrill. Discussion. ALL AYE: MOTION CARRIES.
Sedlacek moves to continue this item to the next meeting to clarify if the document is
for a right of way, a lease agreement or both. ALL AYE: MOTION CARRIES.
8. EXECUIIVE SESSION: Pending litigation. Code enforcement (MLB)
Sedlacek moves to go into Executive Session to discuss pending litigation. Seconded
by Merrill. Bastian: AYE, Merrill: AYE, Sedlacek: AYE. ALL AYE: MOTION
CARRIES.
Discussion on possible litigation.
Sedlacek moves to authorize Butler to move forward with the draft letter on the
Weaver property. Seconded by Merrill. ALL AYE: MOTION CARRIES.
9. ADJOURNMENT:
Merrill moves to adjourn. Seconded by Sedlacek. ALL AYE: MOTION
CARRIES...
Hearing no further business, the Council meeting adjourned at 10:40 p.m.
Respectfully submitted:
CITY CLE~T~AS~R
~PROVED:
RICK.~YZAG~.E,
MAYOR
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subject:RZ-3-98 Rezone from R-4 to CBD
August 11, 1998
7:30 P.M.
PLEASE PRINT LEGIBLY
NAME ADDRESS TELEPHONE PRO? CON?
6tfse." �C'�o� X21eitok 111-004
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EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subject:PP-3-98 Rocky Mountain Business Park
August 11, 1998
7:30 P.M.
PLEASE PRINT LEGIBLY
NAME ADDRESS TELEPHONE PRO? CON?
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H:\COUNCIL\AGENDA\CCSIGNUP. WPD
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subject:CU-4-98 Rocky Mountain Business Park
August 11, 1998
7:30 P.M.
PLEASE PRINT LEGIBLY
NAME ADDRESS TELEPHONE PRO? CON?
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EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subject:ZOA-4-98
August 11, 1998
7:30 P.M.
PLEASE PRINT LEGIBLY
NAME ADDRESS TELEPHONE PRO? CON?
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EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subject:RZ-6-98 Rezone from R-4 to CBD
August 11, 1998
7:30 P.M.
PLEASE PRINT LEGIBLY
NAME ADDRESS TELEPHONE PRO? CON?
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EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subject:PPUD-4-98 Rocky Mountain Business Park
August 11, 1998
7:30 P.M.
NAME
�V"4-11
PLEASE PRINT LEGIBLY
ADDRESS TELEPHONE PRO? CON?
/boa 9 Lo?6
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