Minutes - 1998 - City Council - 08/25/1998 - RegularORIGINAL
EAGLE CITY COUNCIL MEETING
MINUTES
August 25, 1998
PRECOUNCIL: 6:30 pm - 7:30pm
1. Sheriff's Report: Sgt. Freeman will be discussing possible site locations for the proposed
Sheriff's Department substation. Provides Council with the monthly report and discusses the
same. Discussion on the substation. General discussion.
2. Ada County Report on Urban Services Planning Area Boundary - Jeff Patlovich and Mark
Butler. Butler provides Council with an overview. General discussion.
Jeff Patlovich, Director Development Services for Ada County. Discusses and provides
information for the Council on the Urban Services Planning Area Boundary. General discussion.
3. Mayor and Council's Reports: Moved to the end of the meeting.
4. City Clerk/Treasurer's Report: Provided financial reports for July 1998.
5. Zoning Administrator's Report: Discussion ofstaffrecommendations. Mayor discusses a
couple of issues in staff reports that he had a concern about. Guerber discusses the use of
options in staff reports instead of having staff make a specific recommendation. Then Council
can discusses the options and make a final decision. General discussion. Council would like
clarification that "staff's recommendations" are just that "recommendations". Possibly state that
"Staff's recommendations are not binding". Further discussion.
6. City Engineer's Report: No report.
7. City Attorney's Report: No report.
Mayor calls a recess at 7:30 p.m.
Mayor reconvenes meeting at 7:49 p.m.
COUNCIL: 7:30 p.m.
1. CALL TO ORDER:
2. ROLL CALL: Bastian, Merrill, Sedlacek, Guerber. All present. A quorum is present.
3. PLEDGE OF ALLEGIANCE:
Merrill moves to add an item to the Agenda as Item 5B, extension of time on closing of land
exchange agreement for Merrill Park. Seconded by Bastian. ALL AYE: MOTION
CARRIES .........
4. CONSENT AGENDA:
· 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
from 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 August 11,998
B. Claims Against the City
C. Historic Preservation Commission Appointment: Mayor Yzaguirre is requesting
Council confirm the appointment of Run Marshal to the Commission. (RY)
D. Finding and Conclusions for Rocky Mountain Business Park - CU-4-98/PPUD-
1-98/PP-3-98 - Reid Merrill Jr.: Project Description - 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. (MLB)
E. Findines and Conclusions for a rezone from R-4 to CBD - James Beard: Project
Description - James Beard, 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)
Awarding Bid on Surplus property:
Merrill moves to remove Item 4F and Item 4A from the Consent Agenda. Seconded by
Sedlacek. ALL AVE: MOTION CARRIES .........
Guerber moves to approve the Consent Agenda with Item 4F and 4A removed. Seconded
by Merrill. ALL AVE: MOTION CARRIES ............
4A. Minutes of August 11, 1998. Merrill would like to make sure that the minutes reflect in
regards to the Public Hearings for Rocky Mountain Business Park that she revealed her conflict
of interest, ex parte contact and that there has been no monetary gain involved.
Merrill moves to approve the minutes of August 11, 1998, reflecting her ex parte contact
and conflict of interest. Seconded by Sedlacek. 3 AVES: 1 ABSTENTION: MOTION TO
APPROVE TgIE, MINUTES CARRIES ............
4F. Awardin~ Bid on Surulus oronert¥:
Mayor: City Clerk has requested that this item be removed from the Consent Agenda.
City Clerk: This item was placed on the Agenda while I was on vacation and I have another
person interested in putting in a bid on this item of equipment.
Merrill moves to continue item 4F to the next scheduled City Council meeting. Seconded by
Sedlacek. ALL AVE: MOTION CARRIES ............
5. UNFINISHED BUSINESS:
A. Discussion of property located at the comer of State Street and Highway 44 to be used as the
location for the east entry statement signage and landscaping. (NM) (This item was continued
from the August 11, 1998 meeting.)
Mayor introduces the issue.
Merrill discusses this issue.
Sedlacek moves to accept and ratify the letter of understanding from John Evans dated
August 18, 1998. Seconded by Merrill. Discussion. ALL AVE: MOTION
CARRIES ............
B. Land Exchange Agreement - Merrill Park.
Mayor introduces the issue.
Merrill discusses the need for an extension of time on the closing.
Merrill moves to extend this agreement for signature for one month, to the first Council
meeting in October, 1998. Seconded by Bastian. ALL AYE: MOTION
CARRIES .............
6. PUBLIC HEARINGS:
A. CU-5-98 ~ Child Care Facility - Morten Awes: Community Family YMCA, represented by
Morten Awes with Awes-Hutchison Associates, is requesting conditional use approval for a
2,044 sq. ft. building to be used as a child care facility. The 10-acre site is located on the west
side of N. Seven Oaks Way approximately 480-feet north of Floating Feather Road at 1441 N.
Seven Oaks Way. (MLB)
Mayor introduces the issue. No member of Council has had any ex parte contact nor a conflict of
interest.
Morten Awes, Awes-Hutchison Associates, representing the applicant. Displays a rendering of
the proposed building and discusses the same.
Butler: Displays an overhead of a Vicinity Map. Discusses the recommendations in the Staff
Report and displays a site plan. General discussion.
Mayor opens the Public Hearing.
Jim Everett, YMCA. Discusses the YMCA program. This has been a very successful program
but we have ran out of space. The school welcomed us there. Discusses the search for another
facility for the program. Parents want us to be as close to a school as possible, this makes for a
high quality program. We exceed the licensing requirements as to square footage. We are going
out of our so that this does not look like a typical modular that you see at a school.
Three of the children that attend the YMCA program spoke about their positive experience with
this program. They support the program and the location of the modular.
Bob, 572 Mango Drive. These are all school kids that are attending these programs. This is not a
typical day care facility. This is a special need for the kids that attend the school. This is a good
opportunity and a good program. This is an opportunity to send a message to the children that we
care.
Dave Maick, 1380 W. Quarter. I have a child in this program. This is a great opportunity for the
public and private sector to work together. This provides an efficient, safe and productive
services for the public.
Butler: Reads a letter that was received today in favor of the YMCA Facility.
Arran, 2500 N. Linder Road. Recently moved to the area and I work for Boise Cascade. I have
chosen this area and would like to know that my child is save and has a place to be while I am at
work. I want the record to show that the audience is full of parents in support of this project.
Mayor closes the Public Hearing.
General Council discussion. Unanimous support from the Council.
Bastian moves to approve CU-5-98 Childcare Facility - Community Family YMCA and that
we do so with site specific conditions of approval and also standard conditions of approval.
Seconded by Guerber. ALL AYE: MOTION CARRIES .........
B. Ordinance 325 - (ZOA-5-98) -City Initiated Zoning Ordinance Amendment: The City of
Eagle proposes to amend Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts and
Maps", Section 1 "Districts Established, Purposes and Restrictions" to allow usc of a
Development Agreement in lieu of the PUD and/or conditional use process upon rezoning to the
MU "Mixed Use" Zone"; and to amend Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning
Districts and Maps", Section 3 "Schedule of District Use Regulations to allow "Industry
Research and Development" as a conditional usc in thc MU "Mixed Use" zone". (MLB)
Mayor introduces thc issue.
Butler: Discusses the changes proposed for the ordinance. General discussion.
Mayor opens thc Public Hearing. No one has signed up to speak to this issue.
Mayor closes the Public Hearing.
General Council comment and discussion.
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 #325 be considered after being read once by title only. Bastian reads Ordinance
#325 by title only. Seconded by Sedlacek. ALL AYE: MOTION CARRIES .................
Bastian moves that Ordinance #325 be adopted as written with the addition on Page 2 of 2
at the end of the first paragraph: "provided the Development Agreement includes
conditions of development that are required during the PUD and Conditional Use permit
process". Seconded by Sedlacek. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber:
AYE: ALL AYE: MOTION CARRIES ............
C. Ordinance 326 - Parking violation fee increase: An ordinance of the City of Eagle, Ada
County Idaho, amending Eagle City Code, Title 5, "Police regulations", Chapter 3, "Prohibited
parking", Section 2, "Parking tickets and procedures". The proposed parking ticket fees, may
exceed 105% of prior fees.
Mayor introduces the issue.
City Clerk: I brought this issue before you at the last meeting to discuss if Council wanted to
increase the fees. Council agreed to increase the fees to $5.00. The increase in the fees has been
published and this is before you for approval.
Mayor opens the Public Hearing. No one has signed up to speak to the issue.
Mayor closes the Public Hearing.
Sedlacek 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 #326 be considered after being read once by title only. Sedlacek
reads Ordinance #326 by title only. Seconded by Bastian. ALL AYE: MOTION
CARRIES .................
Sedlacek moves that Ordinance #326 be adopted. Seconded by Bastian. Bastian: AYE:
Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES ............
D. Ordinance 327 - Prohibited actions on a public tennis court and within Heritage Park:
An Ordinance of thc City of Eagle, Ada County Idaho, repealing Ordinance 212 and adding
Eagle City Code, Title 5, "Police Regulations", Chapter 2, "Miscellaneous Offenses", Section 4,
"Prohibited Actions on a Public Tennis Court and within Heritage Park" adding Section 7,
"Penalties". The proposed fine, may exceed 105%o of prior fees.
Mayor introduces the issue.
Legal Counsel provides an overview of the ordinance for the Council.
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 #327 be considered after being read once by title only. Merrill reads Ordinance
#327 by title only. Seconded by Guerber. ALL AYE: MOTION CARRIES .................
Merrill moves that Ordinance #327 be adopted. Seconded by Guerber. Bastian: AYE:
Merrill: AYE; Sedlacek: AYE; Gnerber: AYE: ALL AYE: MOTION CARR/ES ............
7. NEW BUSINESS:
A. 98-21-ZC - Rezone from RT to RI - Rod Lamm: Rod Lamm is requesting a rezone from
RT (Rural Transition) to R1 (Estate Residential). The 4.82-acre site is located on the east side of
N. Park Lane approximately 720-feet north of Floating Feather Road at 1500 N. Park Lane. This
site is located in the Eagle Area of Impact.
Mayor introduces the issue.
Butler provides Council with an overview of Staff Report.
General Council discussion.
Merrill moves to recommend approval of Ada County Rezone RT to RI, 98-21-ZC
applicant, Rod Lamm, with Staff recommendations and with a further recommendation
upon review of a development proposal for this site provide a pedestrian pathway easement
on the Chevron pipeline easement. Seconded by Sedlacek. ALL AYE: MOTION
CARRIES.
B. Ordinance 331 for rezone (RZ-4-98) for Zamzow's 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.
Guerber 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 #331 be considered after being read once by title only. Merrill
reads Ordinance #331 by title only. Seconded by Merrffi. ALL AYE: MOTION
CARRIES .................
Guerber moves that Ordinance #331 be adopted. Seconded by Merrill. Bastian: AYE:
Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES ............
C. Urban Services Planning Area Boundary: The Zoning Administrator is asking for a
Council decision regarding thc location of the Urban Scrviccs Planning Ad'ca Boundary.
Mayor introduces the issue.
Council has directed Butler to prepare a letter for the Mayor's signature to Ada County
indicating the City's desire to have a meeting in regard to the Urban Services Planning Area
Boundary.
8. BUDGET WORKS}tOP:
A. FY 98/99 Budget discussion.
Library Director would like to have an additional $45,000 in line item Books, Adult and Child,
for opening day costs. General discussion. Council has decided to create a new Strategic Annual
Goal providing an additional $25,000 in matching book funds for the library.
Discussion on additional budget expenditures.
9. EXECUTIVE SESSION: Legal matters.
Motion see Tape (tape 3 side 1) first of tape. Merrill moves to go into Executive Session to
discuss possible litigation. Seconded by Sedlacek. Bastian: AYE; Merrill: AYE; Sedlacek:
AYE; Gnerber: AYE: ALL AYE: MOTION CARRIES ...............
Discussion of possible litigation.
Council has left Executive Session
Sedlacek would like the opportunity to walk the Hormaechea property down by the floodway and
along Dry Creek. Inquires of legal counsel if that is possible to do. General discussion.
Legal Counsel will research the issue.
Sedlacek inquires when the Development Fee meeting in Meridian is. Merrill: It was today and it
was a good meeting.
Mayor and Council Reports:
Guerber: Reports on the Ada Planning Association meeting. Met at the airport and got a briefing
on the future expansion of the Boise airport. Discussion on the creation of a regional
transportation district.
Merrill: Reports on a meeting discussing impact fees for park funding. Need to set up a joint
meeting with all the cities involved. Meeting tomorrow, 10:00 a.m., on the Ada County Sports
Park to discuss power and water. Meeting with the Skateboard kids. They had no problem with
moving the Skateboard Park. The signs are up in Heritage Park. Bigger filters are being built for
the fountain.
Legal Counsel: After review of the Hormaechea issue, it would be best to set the date to view the
property, possibly the 29th of September, then it could be put in the mail notice, it could also be
mentioned at the meeting and published in the paper. This would be after the Public Hearing.
General discussion. Council agrees to set the date for September 29, 1998, at 5:30 p.m. Also, an
agenda will be posted for this meeting.
Discussion on the RFP for trash services. It is agreed by Council that Dave will prepare the RFP
and review it with the Mayor and the City Clerk, publish the RFP and then hold a bidder's
meeting in case there is a need for any amendments.
10. ADJOURNMENT:
Guerber moves to adjourn. Seconded by Merrill. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 10:45 p.m.
APPROVED:
residential development. It is also intended to ensure assemblage of properties in a unified plan
with coordinated and harmonious development which shall promote outstanding design without
unsightly and unsafe strip commercial development. Uses that compete with the uses allowed
within the CBD Zoning District shall be discouraged. All development requiring a conditional
use permit in the MU Zoning District, as shown in Section 8-2-3 of this Chapter, shall occur
under the PUD process in accordance with Chapter 6 of this Title unless the proposed
development does not meet the area requirements as set forth in Section 8-6-5-1 of this Title. In
that case a cooperative development, in conjunction with adjacent parcels (to meet the minimum
area requirements), shall be encouraged. Otherwise a conditional use permit shall be required
unless the proposed use is shown as a permitted use in the MU Zoning District within Section 8-
2-3 of this Chapter. Residential densities shall not exceed twenty (20) dwelling units per gross
acre. When a property is being proposed for rezone to the MU Zoning District a Development
Agreement may be utilized in lieu of the PUD and/or conditional use process if approved by the
City Council.i$Ruv to � \c qua.° pm Abi W1- SIV cuudeS SND iTIo F4 S o ,aero oP e�ir
"ii'Tet" ce rcicwts9t�e" IjuglNG -rite PasANb Cs e Zrk,N4414„ PeAt&Ct P133C,.55 i=44--
Section 2: That Eagle City Code Section 8-2-3, "Schedule of District Use' r
Regulations" be, and the same hereby is, amended for the "Industry Research and Development"
land use to read as follows:
LAND DISTRICTS
USES
A A -R R -E R L-0 C -A C-1 C-2 C-3 CBD M-1 M - IA M-2 M-3 PS MU
Industry P C
Research
and
develop-
ment
Section 3: That this Ordinance, or a summary thereof in compliance with Section 50-
901A, Idaho Code, shall be published once in the official newspaper of the City, and shall take
effect immediately upon its passage, approval, and publication.
Approved and adopted this Day of , 1998.
Mayor Rick Yzaguirre
ATTEST:
Sharon Smith, Eagle City Clerk
Page 2 of 2
\\Eagle 1 \vol 1 \SHARED\P&Z\Eagle Applications\ZOA\ 1 998\ZOA-5-98 ord.doc
RECEIVED & FILED
CITY OF EAGLE
AUG 2 5 1998
Rio: .
Route t Y\
August 25, 1998
City of Eagle
City Council
310 E. State St.
Dear Council Members:
I am writing this letter to express my full SUPPORT to the Boise YMCA in their efforts to gain approval
for a school-age child care program on the campus of Seven Oaks Elementary School. I am a resident of
Lexington Hills and have a seven year old son who attends the YMCA program. I am a former Juvenile
Probation Officer and Current Child Care Licensing Officer for the City of Boise. Personally and
professionally I see a great need in our community for quality, supervised, age appropriate activity
programs for children during their time out of school. Such programs benefit the entire community
through a reduction in gang activity, juvenile crime, drug usage and teen pregnancy. Parents and
children further benefit from having such programs in their neighborhood and on their school campus
where they are easily accessible.
I have reviewed the plans for the proposed building and I am satisfied that it will be attractive and
compliment the existing school building. This program is an excellent example of maximizing utilization
of existing facilities for the good of our community. The YMCA and Meridian School District are to be
commended for their cooperative effort to provide on campus housing for this wonderful program. I
strongly request you to approve this program.
Sincerely.
Susan Churchman
2321 E. Brigantine Dr.
Eagle, ID.
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subject:CU-5-98 YMCA Child Care Facility
August 25, 1998
7:30 P.M.
PLEASE PRINT LEGIBLY
NAME ADDRESS TELEPHONE PRO? CON?
Page 1 of 1
H:\COUNCIL\AGENDA\CCSIGNUP. W PD
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subject: Ordinance 325 (ZOA-5-98)
August 25, 1998
7:30 P.M.
PLEASE PRINT LEGIBLY
NAME ADDRESS TELEPHONE PRO? CON?
Page lof 1
H:ICOUNCILIAGENDA\CCSIGNUP. WPD
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subject: Ordinance 326 Parking violation fee increase
August 25, 1998
7:30 P.M.
PLEASE PRINT LEGIBLY
NAME ADDRESS TELEPHONE PRO? CON?
Page lof 1
H:\COUNCI L\AGENDA\CCSIGNUP. W PD
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subject: Ordinance 327 :
Prohibited actions on public tennis court and within Heritage Park
August 25, 1998
7:30 P.M.
PLEASE PRINT LEGIBLY
NAME ADDRESS TELEPHONE PRO? CON?
Page lof 1
H:\COUNCIL\AGENDATCSIGNUP.WPD