Minutes - 1999 - City Council - 10/05/1999 - SpecialORIGINAL
EAGLE CITY COUNCIL
Special Meeting Minutes
October 5, 1999
1. CALL TO ORDER: Mayor called the meeting to order at 6:35 p.m.
2. ROLL CALL: Bastian, Merrill, Sedlacek, Guerber. Guerber will be late. A quorum is
present.
Merrill moves to amend the Agenda to move under new business as 7D. Appointment to
Historical Commission and 7E. United Water Consumer Confidence Report, and to move
Item 7C. to the beginning of the Agenda before the Consent Agenda. Seconded by Bastian.
ALL AYE: MOTION CARRIES ..................
7C. Ordinance 356: An Ordinance Amending Eagle City Code Title 10 "Flood Control",
Chapter 1 Flood Control Regulations, Section 6, Flood Insurance Study.
Mayor introduces the issue.
Mike Mongelli, City Building Official, discusses the amendments to the Code, FEMA maps and
flood control regulations and flood insurance study.
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 #356 be considered after being read once by title only. Merrill reads Ordinance
#356 by title only. Seconded by Sedlacek. ALL AYE: MOTION CARRIES .................
Merrill moves that Ordinance #356 be adopted. Seconded by Sedlacek. Bastian: AYE;
Merrill: AYE; Sedlacek: AYE: ALL AYE: MOTION CARRIES .............
Councilman Guerber has arrived at 6:50 p.m.
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. FPUD-3-99 & FP-11-99 - Findings of Fact and Conclusions of Law for Banbur¥
Meadows No. 3: Project Summary: Banbury Meadows, LLC, represented by Roy Johnson,
is requesting final development plan and final plat approval for Banbury Meadows
Subdivision Phase 3, a 70-lot (66-buildable) residential subdivision. This 24.23-acre
(approx.) phase of Banbury Meadows PUD is located on the west side of Eagle Road
approximately V2-mile north of Chinden Blvd. The site is within the Eagle City
Limits.(MLB)
B. DR-25-99 - New Building Wall Sign for Pizza Hut Within Eagle Pavilion
Subdivision - Pizza Hut: Per City Council request, all design review applications are to be
appealed by the Zoning Administrator to the City Council for their review prior to the approval of an
application beingfinal. Pizza Hut, represented by Debbie Anderson with Idaho Electric Signs,
is requesting design review approval for a new building wall sign located on the proposed
Pizza Hut within Eagle Pavilion Shopping Center at the northeast comer of Eagle Road and
State Highway 44 at 480 South Eagle Road. (MLB)
C. DR-30-99 - Monument Sign - Dennis Baker and Associates: Per City Council request,
all design review applications are to be appealed by the Zoning Administrator to the City Council for
their review prior to the approval ofan appllcation being final. Dennis Baker and Associates,
represented by Debbie Anderson with Idaho Electric Signs, is requesting design review
approval of a monument sign for the building located at 655 South Rivershore Lane within
Channel Center Subdivision. The Montessori Center is currently located within this
building. (MLB)
D. DR-32-99 - Prudential Jensen Real Estate Wall Sien - Steve Jensen: Per City Council
request, all design review applications are to be appealed by the Zoning Administrator to the City
Councllfortheirreviewpriortotheapprovalofanapplicationbeingfinal. Steve Jensen,
represented by Debbie Anderson with Idaho Electric Signs, is requesting design review
approval of a building wall sign for Prudential Jensen Real Estate located within Bosanka
Village at 391 West State Street, Suite B. (MLB)
E. DR~34-99 - Bit Smart Retail Building within Eagle Pavilion Shopping Center - John
Serra: Per City Council request, all destgn review applications are to be appealed by the Zoning
Administrator to the City Council for their review prior to the approval of an application being final.
John Serra, represented by Bruce Poe with Cole/Associates Architects, is requesting design
review approval for a 6,000-square foot retail building. The site is located at the northeast
comer of Highway 44 and Eagle Road w/thin Eagle Pavilion Shopping Center at 480 South
Eagle Road (temporary address). (MLB)
F. DR-35-99 - Monument Signs for Banburv Meadows Subdivision - Banbur¥
Meadows LLC: Per City Council request, all design review applications are to be appealed by the
Zoning Administrator to the City Council for their review prior to the approval of an application being
final. Banbury Meadows LLC, represented by Cornel Larson, is requesting design review
approval of two monument signs for Banbury Meadows Subdivision north and south
entrances located at 3023 South Eagle Road. (MLB)
G. Proclamation: Forget Me Not Week November 8-14' 1999
Bastian moves to approve the Consent Agenda. Seconded by Sedlacek. ALL AYE:
MOTION CARRIES ..........
5. FINAL PLATS:
A. FP-13-99 - Final Plat for Fuerte de la Aguila Subdivision - LaRue Bevington: LaRue
Bevington is requesting final plat approval for Fuerte de la Aguila Subdivision, a 3-lot, 1.08-acre
subdivision located on the northeast comer of E. State Street and Palmetto Avenue. The site is
within the Eagle City Limits.
Mayor introduces the issue.
Merrill moves to approve FP-13-99 Final Plat for Fuerte de la Aguila Subdivision.
Seconded by Sedlacek. Discussion. ALL AYE: MOTION CARRIES ...............
6. UNFINISHED BUSINESS:
A. Discussion of Downtown Parking.
Mayor introduces the issue.
Sedlacek moves to continue this matter to the October 12, 1999, City Council meeting.
Seconded by Bastian. Discussion. ALL AYE: MOTION CARRIES ...........
Mayor skips over the Public Hearings and continues with the remainder of the Agenda as it
is 6:55 p.m. and the Public Hearings were noticed not to be heard prior to 7:30 p.m.
8. NEW BUSINESS:
A. DR-29-99 - Church facility exnansion - Eagle Church of the Nazarene: Per City Council
request, all design review applications are to be appealed by the Zoning Administrator to the City Council
for their review prior to the approval of an application beingfinal Eagle Church of the Nazarene,
represented by Randy Haverfield with Architecture Northwest, is requesting design review
approval for a 25,250-square foot expansion of the existing church. The site is located on the
south side of State Street approximately ~-mile west of Eagle Road at 1001 West State
Street.(MLB)
Mayor introduces the issue.
Butler provides an overview of the issue and displays an overhead of the site plan. General
discussion.
Sedlacek moves to approve DR-29-99 Eagle Church of the Nazarene building expansion.
Seconded by Merrill. ALL AYE: MOTION CARRIES ...............
B. Resolution 99-8: A Resolution Of The Eagle City Council To Vacate the drainage, utility,
and maintenance easements along the common lot lines between Lots 17 & 18 and Lots 18 & 19,
Block 1 of triple ridge estates subdivision, and the private road, drainage, irrigation, and utility
easements along and over that portion of north triple ridge lane within lots 17 & 18, Block 1 of
triple ridge estates subdivision as shown on exhibit "A". (MLB)
Mayor introduces the issue.
Merrill moves to approve Resolution 99-8. Seconded by Sedlacek. ALL AYE: MOTION
CARRIES .............
C. Ordinance 356: An Ordinance Amending Eagle City Code Title 10 "Flood Control", Chapter
1 Flood Control Regulations, Section 6, Flood Insurance Study.
Moved to beginning of Agenda.
D. Historical Commission Appointment.
Mayor introduces the issue.
Mayor recommends the appointment of Weldun Fisher to the Historical Commission.
Sedlacek moves to appoint Weldon Fisher to the Historical Commission. Seconded by
Merrill. ALL AYE: MOTION CARRIES ...............
Mayor introduces Weldon Fisher.
Weldon Fisher. Provides Council with an update on the improvements to 67 E. State Street. Jim
Gibson has started the plans. General discussion on proceeding with the remodeling of the
building. Weldon, the Mayor and Jim will meet to discuss the remodeling plans.
E. United Water, Consumer Confidence Report.
Mayor introduces the issue.
Sedlacek discusses the October 5, 1999, meeting with United Water in regards to the Consumer
Confidence Report. General discussion. Sedlacek will contact the private water systems to
obtain a copy of their Reports. Mayor to do a letter. General discussion.
Mayor calls a recess at 7:20 p.m.
Mayor reconvenes the meeting at 7:30 p.m.
7. PUBLIC HEARINGS:
NO PUBLIC HEARINGS WILL BE HEARD PRIOR TO 7:30 P.M.
A. ZOA-2-99 - Sign Regulation 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. This item was continued from the August 24, 1999 Council meeting. (IvlLB)
Mayor introduces the issue.
Butler: Displays overheads, page by page, of Ordinance #355, showing the changes by underline
and strikeouts and discusses the same. General discussion.
Mayor opens the Public Hearing. Please keep your comments to 3 minutes.
Mayor swears Bob Halford in.
Bob Halford, 316 W. State Street. Reads a letter from Cindy Deppe who was unable to attend
the meeting. Displays overheads of signs and discusses the same.
Mayor swears Don Brinton in.
Don Brinton, 3355 Homer Road. I submitted a letter to Council in September. I don't approve
what the Council is doing tonight. Brinton reads his September, 1999, letter. I feel that the
community can no longer rely upon the actions that the Council takes.
Mayor swears in John Beacham.
John Beacham, 393 W. State. Discusses the experience he had when he opened his business in
Bosanka Village.
Mayor swears in Dave Brady.
Dave Brady, 909 Arlington, proprietor of Coffee Express. Reads a letter he wrote to the Council.
Mayor swears in John Franden.
John Franden, 2300 E. Buckskin. Through my own negligence I did not come down and speak
to the ordinance. I have lived in this area all of live. Eagle has the opportunity not to have
signage that is offensive and inappropriate. There is nothing wrong with reconsidering. I urge
you to make the decision that maintains the quality of the City.
Mayor swears in Dave Dickey.
Dave Dickey, 3109 Heritage Ave., Boise. Michael Shepard and I represent the Eagle Chamber
of Commerce. Dave provides an overview of the procedure that has taken place with the sign
ordinance.
Mayor swears in Michael Shepard.
Michael Shepard, 560 E. State St., discusses ways that business can succeed. Businesses market
themselves by being seen. The businesses need to have an option and be able to choose what
kind of sign that is good for marketing their business.
Mayor swears in Jerry Sullivan.
Jerry Sullivan, 1736 N. Clarington Way, proprietor of Great Clips. I have opened over 100 Great
Clips in the West and other businesses across the United States. Eagle's is the most restrictive
sign ordinance that I have ever come across. I applaud the 10%. Landscaping is a problem as it
matures.
Mayor swears in Chase Mart
Chase Mart, 3400 S. Whitepost Way. I am one of the owners of Eagle Plaza and I have spoken
with our present and future tenants. Businesses just want to attract the customers so they can
stay in the City. I have contacted individuals and everyone seems to like the 10%.
Mayor swears in John Serra.
John Serra, 3905 Sandbar Lane. I have moved my business from my home to the downtown
commercial area. I did extensive research before the move. Location is important. By being
seen from the street we will eliminate $400 from our advertising budget. I would like to have
people on the bypass see the sign for my business. We want to be seen, we need to be seen.
Mayor swears in Gary Blaylock.
Gary Blaylock, Evans Building Center, 931 State St. Discusses monument signs and internally
lit signs. We need to think about the whole package. This was a compromise and this is
something that can be used. Business pays it way. The businesses need adequate signs.
Mayor closes the Public Hearing.
Merrill provides a history of signs in the City of Eagle. I have asked Staff to put together some
pictures of signage.
Butler displays overheads of a sampling of signage in Eagle that shows the increase in signage
from 5% to 10%. Displays overheads of existing business and their signs. General discussion.
Guerber: I voted to reconsider because I discovered that the motion which was made needed to
be clarified and that is why we are here. I think the ordinance was a compromise that is good for
business. Discusses the changes to the ordinance as set out in the Sign Criteria.
Sedlacek: I agree with what Councilman Guerber just said.
Bastian: I wonder where the residents are that live in the City. I think they like the trees and the
green areas around the sidewalks. I also think they like idea of exterior lit signs and the
character of the signs. I wonder where these people are tonight. I voted to reconsider so there
could be clarification on the monument signs. I would propose that we should have a flat 10%
allowance and maybe in time more.
Bastian moves that all signs on the fronts and sides of the buildings where it says may be 5% if
internally lit, a uniform designation of 10% and internally illuminated signage be prohibited.
Seconded by Merrill. 2 AYE: 2 NAY: MAYOR: NAY: MOTION FAILS ..........
Guerber moves that we adopt the Ordinance #355 as originally proposed with the
clarifications inserted by Staff with the language that indicates that monument signs
specifically would not be internally llt and limits the internally llt aspect to the 5% figure
and neon signs in the windows. Seconded by Sedlacek. Discussion. Guerber amends his
motion: Page 6 of 11, #E.1 - fourth line, remove the phrase "a unique ambiance within the
community". Seconded concurs. 2 AYE: 2 NAY: MAYOR: AYE: MOTION
CARRIES ................
General Mayor and Council comments.
Mayor calls a recess at 9:15 p.m.
Mayor reconvenes at 9:30 p.m.
B. CU-6-99 Conditional Use for a Church facility expansion - Eagle Church of the
Nazarene for Randy Haverfield: Eagle Church of the Nazarene, represented by Randy
Haverfield with Architecture Northwest, is requesting a conditional use permit for a 11,080
square foot expansion of the existing church. The site is located on the south side of State Street
approximately Y4-mile west of Eagle Road at 1001 W. State Street. (MLB)
Mayor introduces the issue.
Mayor opens the Public Hearing.
Mayor closes the Public Hearing.
Merrill moves to approve CU-6-99 Conditional Use for a Church Facility Expansion -
Eagle Church of the Nazarene. Seconded by Bastian. ALL AYE: MOTION
CARRIES .........
Adoption of Ordinance 9355.
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 9355 be considered after being read once by title only. Guerber
reads Ordinance #355 by title only. Seconded by Sedlacek. ALL AYE: MOTION
CARRIES .................
Guerber moves that Ordinance #355 be adopted. Seconded by Sedlacek. Bastian: NAY;
Merrill: NAY; Sedlacek: AYE; Guerber: AYE; Mayor: AYE: Three AYES: 2 NAYS:
MOTION CARRIES .............
9. AD]OURNI, IENT:
Bastian moves to adjourn. Seconded by Sedlacek. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adioumed at 9:35 p.m.
Respectfully submitted:
SHARON K. MOORE
CITY CLERK/TREASURER
APPROVED.
RIC ,
MAYOR