Minutes - 1999 - City Council - 08/24/1999 - RegularORI61NAL
EAGLE CITY COUNCIL MEETING
MINUTES
August 24, 1999
PRECOUNCIL: 6:30 p.m. - 7:30 p.m.
1. Planning & Zoning Commission Liaison Report: No Report
2. Larry Sale, ACHD Representative will discuss the Highway Districts recommendations on
Ballantyne Road and Highway 44. David Szplett, Engineer ACHD, discusses the study made on
Ballantyne Road and Highway 44. Specific discussion bn Option #3 and #8A. General
discussion.
Larry White, Six Mile Engineering, discusses the recomm-"emlations made on the stand point of
the traffic issue. We selected #3 and #7. After we submitted our draft we added alternatives #8
and #9 upon the direction of ACHD and after that we added #8A upon on the direction of
ACHD. General discussion.
Council would like to have a Public Hearing on this matter on September 7, 1999, at the Joint
Meeting with ACHD Commissioners.
3. City Attorney Report: Reports on the Capital Improvement Plan. I am still working with Mr.
Bradbury, Bill Webster's attorney, on the pathway along the drainage.
4. City Engineer Report: No report
5. City Clerk/Treasurer Report: No report
6. Zoning Administrator's Report: No report
7. Mayor and Council's Report:
Guerber: No report
Men'ill: Reports on the Park Committee meeting. The Committee discussed the Hill Road
property. Reports on the Downtown Skateboard Area. Meeting Thursday on the 84 Acre Ada
County/Eagle Sports Complex. Reports on a project for an Eagle Scout. I will not be at the
September 14, 1999, City Council meeting, I will be attending a conference on Community
Policing. Discussion on Trail Creeks residents opposition to the Skateboard Park located on the
84 acre site.
Bastian: Reports on the Library. Discussion on Intemet Access at the Library. I have
recommended that the Library have a filtering program on the Intemet and the Library Board has
resisted this.
City Attorney: Recommends that a meeting be set with the Library Board. This could be done
by a City Policy. I need to research what the Library Board can do and what the Council can do.
General discussion.
Council directs the City Attorney to discuss this issue with the Library Board President, Susan
Thomas.
Mayor: Discusses the Computer Ride route in Eagle.
Scdlacek: No report.
Mayor calls a recess at 7:25 p.m.
Mayor reconvenes meeting at 7:35 p.m.
COUNCIL: 7:35 p.m.
1. CALL TO ORDER:
2. ROLL CALL: Bastian, Merrill, Sedlacek, Guerber.
3. PLEDGE OF ALLEGIANCE:
A quorum is present.
Merrill moves to add George Dillard to the agenda. Seconded by Bastian. ALL AYE:
MOTION CARRIES .............
George Dillard: Discusses the problems he has been having with thc golf balls on his property
from Banbury Meadows. The broken window has been taken care of by Banbury Meadows.
George displays a bucket of golf balls that he picked up from his property. George states that his
only option may be to hire an attorney. General discussion.
Mayor: I talked to Jerry and he was going to get in touch with you on these problems. I need to
make a site inspection.
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.
Merrill moves to take Item 4B off the Consent Agenda and approve the amended Consent
Agenda. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ................
A. Claims Against the City.
B. Extension of Time for CU-3-97 - Gravel Extraction - Ed Hendershot: 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)
4B. Extension of Time for CU-3-97 - Gravel Extraction - Ed ltendershot: 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)
Mayor introduces the issue.
General Council discussion on the request for extension of time.
Sedlacek moves to accept Staff's recommendation to deny the Extension of Time for CU-3-
97. Seconded by Bastian. ALL AYE: MOTION CARRIES ...........
5. PUBLIC HEARING:
A. Proposed FY99/00 Budget.
Mayor: This Public Hearing was continued from the August 17, 1999, City Council
Meeting.
General discussion.
City Clerk: The Workshop & Budget Hearing Presentation that you have before reflects the
changes fi.om the August 17, 1999, City Council Meeting on the Budget and in addition I have
the following changes: P5-Transfer to Library $316,668; Carry Over $49,927; P12-Library
Transfer $316,668; P 13 -Capital Outlay, Capital Expenditure (Building) $134,171.
Mayor: No one has signed up to speak on the Budget. Is there anyone fi.om the audience
wishing to speak to the Budget. Hearing no response:
Mayor closes the Public Hearing.
6. UNFINISHED BUSINESS:
A. A-2-99/RZ-4-99/PPUD-1-99-CountrvSide Estates-Capital Development: Capital
Development and Tom Ricks, represented by Becky Bowcutt with Briggs Engineering, is
requesting an annexation and rezone from RT (Rural Transition) and AR
(Agricultural/Residential) to R-2-P (Residential two units per acre maximum - PUD),
conditional use, planned unit development preliminary development plan, and preliminary plat
approvals for Countryside Estates Planned Community. The development consists of a 74.19-
acre, 174-1ot (153-buildable) residential subdivision. (This item was continued from the July 27,
1999 meeting. The public hearing was closed on June 22, 1999.)
Mayor introduces the issue.
Sedlacek: For the record, my parents are adjoining property owners and that makes a conflict of
interest for me. Sedlacek steps down.
Merrill: We have set a precedent in thc community for PUD. This application has figured their
open space contrary to this. Discusses the open space in approved PUD.
General Council discussion.
Bastian moves to deny A-2-99/RZ-4-99/PPUD-1-99 known as Countryside Estates PUD.
Seconded by Merrill. Discussion. ALL AYE: MOTION CARRIES ................
Mayor calls a recess at 8:20 p.m.
Mayor reconvenes the meeting at 8:30 p.m.
B. lTD and City of Eagle Pedestrian Tunnel Maintenance Agreement: (SEB)
Mayor introduces the issue.
City Attorney: Mr. Miles, ITD, is still undecided on what they want to do. General discussion.
Guerber moves to continue to the September 14, 1999, City Council meeting. Seconded by
Sedlacek. ALL AYE: MOTION CARRIES ..............
7. PUBLIC HEARINGS:
A. ZOA-2-99 - Sien Reeulation Amendments- Board of Directors Eagle Chamber of
Commerce: An Ordinance Amending Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning
Districts And Maps", Article A "DR Design Review Overlay District", Section 8 "Sign
Regulations"; And Section 9 "Procedures", And Providing An Effective Date. The proposed
amendments in part: would eliminate the City's prohibition of internally illuminated signs;
would allow additional and larger monument signs; would allow additional and larger wall signs;
would allow special portable signs; would provide criteria for temporary signs; would change the
Design Review procedures so only master sign plans and internally illuminated signs would
require Design Review Board approval with all other signs requiring review to be approved by
the City staff. (MLB)
Mayor introduces the issue.
Dave Dickey, Idaho Banking Company, and Michael Shepard, Washington Federal, members of
the Eagle Chamber of Commerce. Dave Dickey addresses the Council as to the changes
requested by the Chamber of Commerce to the Ordinance.
Michael Shepard, 1st Vice President Eagle Chamber of Commerce. Distributes Exhibit A and
Exhibit B to the Council and discusses the same. Discusses the proposed changes from the
Chamber of Commerce.
Butler: Provides a history of the sign issue. Discusses the Planning and Zoning proposal.
Discussion: Are signs that are being put on berms be defined as off-site signage.
James Murray, Design Review Board Member, discusses the changes proposed by the Design
Review Board. General discussion.
Mayor opens the Public Hearing
Mayor explains the time limiter.
Dave Brady, Copy Express, it is very important to have signs that are visible at night. People
who don't own a business don't realize the value of signage. Discusses primary signs and
secondary signs. Discusses the Design Review process.
Ron Bath, Eagle Pavilion, as a Developer it is difficult to design your building in accordance
with a sign ordinance. With the current ordinance the signage on that building is going to be
ugly. Sign ordinances need to have some flexibility. There are many business in Eagle that are
waiting for this issue to be resolved. General Discussion.
Berry Marcus, Council should pay close attention to the Chamber of Commerce proposal as they
represent the Eagle business. Signage should be subordinate to the architecture of the building.
Erin Lyda, Pak Mail, discusses how the sign issue has affected her business.
Lynn Edgerton, Pak Mail, we are hoping the Council would consider neon. We are not in
compliance with our Corporate Office. We support what the Chamber is doing.
Katherin Hepner, 642 Steepleview Drive, Discusses the signage at her favorite coffee shop that is
currently not in Eagle. I support the idea of design elements. Discusses what turn of the century
architecture represents.
Gary Blaylock, Treasurer Evan's Building Center, Discusses interior lite and exterior lite signs.
We are part of the Treasure Valley. Compare the US Bank sign to the Albertson's sign and see
the difference between the signs. Consider who we are competing with and consider the
internally lite signs.
Greg Ramp, Rabbit Hutch, I would recommend you to adopt the Chamber of Commerce
proposal. The current sign ordinance is inadequate. The days we had our sign board out it
would increase our business $200 - $300 per day.
Mayor closes the Public Hearing
General Council discussion.
Council goes through the recommendation from Planning & Zoning Commission:
P.3 of 10: Roof Area: Council is in agreement.
P.4 of 10 g4: General discussion on the 10%/5% surface area. Discussion on internally lit signs.
Council concurs on 10%. Line 5, leave the word "the" in.
Jim Murray, discussion of internally lit signs. Further Council discussion on internally lit signs.
P.4 of 10//4: Sedlacek moves on C.4 that it be changed as follows: The total area of any
sign attached to, or painted on the face of a building shall not exceed ten percent of the total
surface area of the building face to which it is attached or painted, however 5% shall be the
maximum if internal illumination is used, and on Line 5 insert the word "the" before sign.
Seconded by Bastian. Discussion. THREE AYES: ONE NAY: MOTION
CARRIES .........
P.4 ofl0 g7: Delete.
P.4 of 10 #8: General discussion. Also discussion on C8 Design Review proposal.
P.4 of 10 #g: Sedlacek moves on #8 that it be changed as follows: Each business within a
single building shall be allowed one wall sign for every street it fronts and the entire
building shall be permitted one monument sign for every street it fronts. The sides of the
building on which the signs are to be placed shall be determined by the owner and as
approved by the Design Review Board. Seconded by Bastian. Discussion. ALL AYE:
MOTION CARRIES ................
P.5 of 10 #C9. Sedlacek moves that C9 reads as follows: Any corner business within a
multi-tenant building shall be allowed two wall signs. The sides of the building on which
the signs are to be placed shall be determined by the owner and as approved by the Design
Review Board. Seconded by Bastian. Discussion. ALL AYE: MOTION
CARRIES .............
P.5 of 10 #j. Bastian moves that j read as follows: Special Portable Signs shall not be
permitted on any berm or any portion of a landscaped area. Seconded by Merrill.
Discussion. ALL AYE: MOTION CARRIES ...............
P.5 of 10 #D1. General discussion.
P.5 of 10 #D1. Bastian moves that the 8' be stricken and replaced by 6', and that 50 sq.ft.
be stricken and replaced by 30 sq.ft. Seconded by Sedlacek. Discussion. Michael Shepard,
discusses Monument signs. ALL AYE: MOTION CARRIES ..........
P.5 of 10 #2: General discussion.
Guerber moves to accept as proposed. Guerber withdraws his motion.
P.5 of 10 #2: Bashan moves to accept the item as proposed except we add the additional
language: "shall not exceed 6' in height nor exceed 30 sq.ft, per exposed surface".
Seconded by Guerber. ALL AYE: MOTION CARRIES .............
P.6 of 10 g4: General discussion.
Bastian moves to take the strike through out of Item #4 and keep it part of the Ordinance.
Seconded by Merrill. Discussion. Bashan withdraws his Motion, Merrill withdraws the Second.
P.6 of 10 #4: Bastian moves to take the strike through out of Item#4 and keep it part of the
Ordinance, but change two signs to four signs and change "second sign" to signs.
Seconded by Sedlacek. ALL AYE: MOTION CARRIES ..............
P.6 of 10 #FI: Bastian moves on Item #FI we leave it as is except strike substantial and any
place that it shows; also add: to the sign base or building to which it is attached. Guerber
Seconded. Discussion. ALL AYE: MOTION CARRIES ............
General discussion on time limit set in Item #H.
P.6 of 10 #H: Bastian moves to insert: January 1, 2006. Seconded by Merrill. ALL AYE:
MOTION CARRIES ............
P.8 of 10 # 8: Bastian moves to read: The sign shall be reviewed and approved by the
Zoning Administrator or a designated staff member and one Design Review Board
Member. Seconded by Merrill. ALL AYE: MOTION CARRIES ..........
P.8 of 10 # g: Bastian moves to put "g" back in and the landscape language like I wanted it.
Seconded by Sedlacek. ALL AYE: MOTION CARRIES .............
P.9 of 10 #I: Bastian moves that #I read: Zoning Administrator or designated staff
member and one Design Review Board Member. Seconded by Merrill. ALL AYE:
MOTION CARRIES...
P.10 of 10 Section 4: Bastian moves that Section 4 read: This Ordinance shall take effect
and be in force from and after its passage, approval and publication as required by law.
Seconded by Merrill. ALL AYE: MOTION CARRIES .............
P.10 of 10 #15: Merrill moves: Neon window signs no larger than 4 feet square or 10% of the
window, whichever is larger, shall be permitted with review by the Design Review Board and
not as a text or on the exterior of the building. Seconded by Bashan. Discussion. Merrill
withdraws her motion. Second withdraws the second.
Merrill moves: One neon window signs no larger than 4 feet square or 10% of the window,
whichever is larger, shall be permitted with review by a Member of the Zoning Staff and a
Design Review Board Member. Seconded by Bastian. THREE AYES: ONE NAY:
MOTION CARRIES ............
Merrill moves that we move Section 3 to Section 2, Section 4 to Section 3, with the
amendments. Seconded by Bastian. ALL AYE: MOTION CARRIES ............
Bastian moves to continue this matter to the September 14, 1999, City Council meeting.
Seconded by Merrill. ALL AYE: MOTION CARRIES ..............
Mayor calls a recess at 11:40 p.m.
Mayor reconvenes at 11:50 p.m.
8. NEW BUSINESS:
A. Final Plat for Bighorn Subdivision No. 2 - Pinnacle Engineers: The applicant is
requesting final plat approval for Bighorn Subdivision No. 2, a 16.52-acre, 7-lot residential
subdivision located on the east side of Eagle Road, approximately ¼-mile south of Beacon Light
Road. This subdivision is located in the Eagle Area of Impact.
Mayor introduces the issue.
Bob Unger, Pinnacle Engineers, representing the Applicant in this project, we concur with the
Staff Report dated August 16, 1999, and request your approval.
Butler: Staff recommends approval.
Merrill moves to approve the Final Plat for Bighorn Subdivision No. 2, subject to the
Specific and Standard Conditions of approval. Seconded by Guerber. ALL AYE:
MOTION CARRIES .......
B. Final Plat for Anacortes Subdivision - Teale¥'s Land Surveying: The applicant is
requesting final plat approval for Anacortes Subdivision, a 15-acre, 2-1ot residential subdivision
located on the south side of Beacon Light Road, approximately V2 mile west of Eagle Road. This
subdivision is located in the Eagle Area of Impact.
Mayor introduces the issue.
Richard Pavlick, Tealey's Land Surveying, we ask that you approve the final plat. The
subdivision will only have 2 lots utilizing the private road, there is an easement agreement
supporting that. Otherwise all conditions that are set forth are acceptable.
Butler: We would like to add to Condition #1: Comply with the conditions noted in the
August 5, 1999, letter from the City Engineer, the proposed additional language would be:
With the condition that the applicant provide documentation to the City assuring that only
2 dwelling units will take access from the road, the road will not be required to be paved.
Bastian moves to put that in the form of a motion Seconded by Merrill. ALL AYE:
MOTION CARRIES ................
C. Adoption of FY99/00 Budget.
Mayor: The next item is to adopt the FY99/00 Budget. So moved by Guerber. Seconded
by Merrill. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE:
MOTION CARRIES .........
D. Ordinance 354:FY99/00 Annual Appropriation.
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 #354 be considered after being read once by title only. Merrill reads Ordinance
#354 by title only. Seconded by Guerber. ALL AYE: MOTION CARRIES ............
Merrill moves that Ordinance #354 be adopted. Seconded by Guerber. Bastian: AYE;
Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION
CARRIES ...........................
E. Ordinance 353: Ordinance Of The City Of Eagle, Idaho, Amending Section 1-5-3, Eagle
City Code, To Provide For Annual Salaries For The Mayor And Council, And Providing
Effective Date.
Mayor introduces the issue.
General Council discussion.
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 #353 be considered after being read once by title only. Guerber
reads Ordinance #353 by title only. Seconded by Merrill. ALL AYE: MOTION
CARRIES ............
Guerber moves that Ordinance #353 be adopted. Seconded by Sedlacek. Bastian: AYE;
Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES ............
F. Salary Survey Proposals:
Mayor introduces the issue.
General discussion.
Sedlacek moves to join the IEC Group for one year and accept their proposal for the salary
survey not to exceed $8,726. Seconded by Merrill. Discussion. Bastian: AYE; Merrill:
AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES ....................
9. EXECUTIVE SESSION: Pending or Threatened Litigation I.C. 67-2345(0
Guerber moves to go into Executive Session. Seconded by Bastian. Bastian: AYE; Merrill:
AYE; Sedlacek: AYE; Guerber: AVE: ALL AYE: MOTION CARRIES ...............
Discussion on possible litigation.
10. ADJOURNMENT:
Guerber moves to adjourn. Seconded by Bastian. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjoumed at 12:30 p.m.
Respectfully submitted:
SH~ON K MOO~
CI~ CLE~AS~R
~PROVED:
RICK Y ,
MAYOR
Page 8
K;/COUNCIL',MINUTES\Tempor ary Minute~ Work Area/CC-08-24-99mln doc