Minutes - 1999 - City Council - 10/12/1999 - RegularORIGINAL
EAGLE CITY COUNCIL
MINUTES
October 12, 1999
PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m.
1. Planning & Zoning Commission Liaison Report: None
2. Ada County Sheriff's Office: Sgt. Ron Freeman will give the monthly report for September.
Mentions the Bike Rodeo which was held on September 23ra at which helmets were made
available at reduced price, it was great success with the kids.
3. Eagle Chamber Orchestra: Richard Schwen, Director of the Eagle Community Orchestra. The
goal of the orchestra is provides leadership, they work in conjunction with the Boy Scouts of
America and also they offer scholarships. The orchestra is seeking financial support in any way
that the Council would see fit. General discussion regarding alternatives to help finance the
orchestra. Merrill would like to continue this item to the next regularly scheduled meeting to
review the budget for availability of funds to be placed under unfinished business. Merrill
believes that they had budgeted for Cultural Items, but would need to verify the amount. The
Council would also like to look into establishing an Arts Commission and have the City Attorney
look into the ordinance requirements for that.
8. Mayor and Council's Report: Idaho Department of Parks and Recreation Recreational
Program Grant (RV Grant) Mayor moves item 8 up on the pre-council agenda. Council member
Sedlacek reviews the history of this item. Explains the challenge that has been encountered with
finding an appropriate site. Also touches on the financial impact as far as long term landscape
maintenance of the site. Discussion. Jim Poulson with the State Department of Recreation
addresses Council regarding the RV Grant. Mr. Poulson offers to have representatives from the
Department of Recreation contact ITD in regards to securing a site to place the RV facilities.
4. City Attorney Report: Gives a brief update regarding the Webster contract. Would like that
placed on the next Council agenda. Discusses TMDL the information that had been provided to
Council at a previous meeting, and how it applies to Eagle.
The remainder of the reports will be heard at the end of the Council meeting. Mayor calls a brief
break.
5. City Engineer Report:
6. City Clerk/Treasurer Report:
7. Zoning Administrator's Report:
REGULAR COUNCIL AGENDA: 7:3O p.m.
1. CALL TO ORDER: Mayor Yzaguirre calls the meeting to order at 7:40 p.m.
2. ROLL CALL: Bastian, Merrill, Sedlacek. Present. Guerber is absent. A quorum is present.
3. PLEDGE OF ALLEGIANCE:
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 September 14, 1999.
B. Minutes of October 5, 1999.
C. Claims Against the City,
D. Appointment of Library Board Members: The Mayor is requesting Council
confirmation of appointment Don Gray and Elizabeth Horn to the two vacant Board
seats.(RY)
E. A-1-99 & RZ-2-99- Findings of Facts and Conclusions of Law for the City of Eagle:
Project Summary: The City of Eagle, represented by Mark L. Butler, is requesting
approval of an annexation and rezone from R1 & RT (Residential) to R-1 & R-4
(Residential), M-lA (Industrial Park), and PS (Public/Semi Public). The 30+/- acre site
is generally located near the intersection of Hill Road and State Highway 55 (see
attached map for exact location).(MLB)
(8)E. 99-10-S/99-15-PR - Honey Creek Subdivision and Private Road - Larry Givens:
Larry Givens is requesting preliminary plat approval for Honey Creek Subdivision, a 5-
lot, 25-acre residential subdivision with a private road The proposed subdivision is
located on the north side of Beacon Light Road, approximately 640-feet west of Eagle
Road. This subdivision is located in the Eagle Area of Impact.(MLB)
Merrill moves to move item 8E from new business to the consent agenda. Seconded by
Sedlacek. Discussion. ALL AYE...MOTION CARRIES.
Bastian moves to approve the Consent Agenda as amended. Seconded by Merrill. ALL
AYE: MOTION CARRIES...
Merrill add item 8G under New Business: Discussion of the ACHD and lTD BaHantyne
Road/State Street Intersection meeting which was held today. Seconded by Sedlacek.
ALL AYE...MOTION CARRIES.
5. FINAL PLATS: None
6. UNFINISHED BUSINESS:
A. Annlicant anneal of DR-11-99 - Face Chanee on Existine Pole Sign at Eagle Grill
Restaurant - Georee Wade and Lou Peiovich with Ea~le Grill: This item was continued to
this date by the City Council. Eagle Grill, represented by George Wade and Lou Pejovich, is
requesting design review approval for a face change of an existing sign located at thc northwest
corner of State Street and Edgewood Lane at 1396 East State Street. (MLB)
Lou Pejovich 1396 E. State Street Eagle, Idaho discusses his request to retain the pole sign.
Discussion.
Butler reviews the requested changes that Mr. Pejovich has submitted. Discussion.
Bastian moves to deny the application on the grounds it does not meet the city ordinance.
Seconded by Merrill. Discussion. Bastian amends his motion to give Mr. Pejovich until
January 1, 2000 to submit a complete Design Review application. Merrill seconds the
amendment to the motion. ALL AYE...MOTION CARRIES.
B. Findings and Conclusions for PP-5-98 - Clear Creek Crossing Subdivision - Ja¥o
Construction: Project Description: Jayo Construction, represented by Roylance & Associates, is
requesting preliminary plat approval for Clear Creek Crossing Subdivision, a 54.8-acre, 89-1ot
residential subdivision generally located on thc southwest corner of N. Eagle Road and Floating
Feather Road. (MLB)
Mayor introduces the item.
Butler and Buxton briefly reviews the changes made to the findings. Discussion.
Merrill moves to approve Findings and Conclusions for PP-5-98 - Clear Creek Crossing
Subdivision - Jayo Construction. Seconded by Bastian. ALL AYE...MOTION CARRIES.
C. Discussion of Downtown Parking. (SB)
Buxton proposes to compose a letter in conjunction with Council member Sedlacek to the
Schalls to express the City's interest in purchasing their property.
Merrill moves to continue this item as ongoing business. Seconded by Sedlacek.
Discussion. Merrill amends the motion and requests the item be continued and requests
the City Attorney and Council member Sedlacek draft a letter to Mr. Schali requesting he
obtain an appraisal of the property, as the City is expressing intent to purchase the
property. Seconded by Bastian. ALL AYE...MOTION CARRIES.
7. PUBLIC HEARINGS:
A. VAC-2-99 - Vacation To The Final Plat Of Lexineton Hills Subdivision No. 10 -
Lexington Hills Inc.: Lexington Hills Inc., represented by Roylance & Associates, is requesting
City approval of a vacation to the final plat of Lexington Hills Subdivision No. 10 to remove the
storm drain easements along the rear lot lines of Lots 97, 102, and 110, Block 7. The vacated
drainage easements are proposed to be replaced with new 5-foot wide easements along adjoining
properties so as not to decrease the overall 15-foot wide easement area along the rear portions of
the lots within this phase. The site is located on the northwest comer of Floating Feather Road
and Seven Oaks Way. (MLB)
Mayor introduces the item.
Mayor opens the public hearing.
Mike Engebritson 391 W. State Street Eagle, Idaho represents Roylance and Associates, makes
himself available to answer any questions.
Mayor closes the public hearing.
Bastian moves to approve VAC-2-99 - Vacation to the Final Plat of Lexington Hills
Subdivision No. 10 - Lexington Hills Inc. with staff conditions of approval. Seconded by
Merrill. ALL AYE...MOTION CARRIES.
B. CU-7-99 - Conditional Use Permit for Eagle United Methodist Church -
Cole/Associates: Eagle United Methodist Church, represented by Brace Poe with Cole
Associates, is requesting a conditional use permit for a 4,600-square foot expansion of the
existing church. The 5.5-acre site is located on the west side of Eagle Road approximately
mile north of State Street at 651 N. Eagle Road.(MLB)
Mayor introduces the item.
Bruce Poe, representing Eagle United Methodist Church with Cole Associates at 960 Broadway
Ste. 240 Boise, Idaho. Briefly discusses the application.
Butler has nothing to add to the staff report.
Mayor opens the public hearing.
Mayor closes the public hearing.
Merrill moves to approve CU~7-99 Conditional Use Permit for Eagle United Methodist
Church with site specific condition of approval #1: The applicant shah provide
documentation that ACIID will construct the roadway along the northern portion of the
site. Seconded by Sedlacek. ALL AYE...MOTION CARRIES
C. CU-5-99 - Conditional Use Permit for Washington Mutual Bank with drive up Service -
Calllson Architecture,Inc.: Washington Mutual, represented by Martin Hill with Callisen
Amhitccmrc, Inc., is requesting a conditional use permit for a 5,000~square foot bank with drive-
up service within Channel Center Subdivision located at 468 S. Rivcrshorc Lane. Thc site is
located on thc southwest coruer of new State Highway 44 and Eagle Road. (MLB)
Mayor introduces thc item.
Merrill inquires to legal council as to if the Design Review application for Washington Mutual
Bank which is on the agenda tonight under new business could be heard at the same time as the
conditional use if separate motions are made. Buxton agrees that this would be appropriate as
long as the public comment is regarding the conditional use only, and two motions are made.
Merrill moves to amend the agenda to add item 7C/1 to include DR-33-99 Washington
Mutual Bank with Drive-up Service and Building Wall Signs Washington Mutual.
Seconded by Sedlacek. ALL AYE...MOTION CARRIES
Martin Hill 1420 5th Avenue Ste. 2400 Seattle, Washington. Discusses the conditional use and
Design Review application in detail.
Butler discusses the staffreport for the conditional use and design review. Discussion.
Mayor opens the public hearing.
Dennis Baker, 250 S. Beechwood Boise, Idaho. States that when the original commercial
subdivision approval for Channel Center was given it did not address saving existing trees.
Discusses future plans for Channel Center.
Dan Torfin, 250 S. Beechwood Boise, Idaho. Discusses trees within Channel Center
Subdivision.
Dennis Baker states that he has every intention of installing the water feature which has been
approved by the City.
Bob Bond 2492 Colwyn Ct. Eagle, Idaho. Feels the bank will be an asset to the community.
General discussion between Council and Mr. Hill.
Mayor closes the public hearing.
Discussion amongst Council.
Bastian moves to approve CU-5-99 Conditional Use Permit for Washington Mutual Bank
with drive up service approving the following site specific conditions of approval. Item #3
in the staff report which reads: Only the nse (bank with drive-thru) is approved. The
property is subject to the conditions of design review. A berm, such as was required
around the McDonald's drive-thru at Eagle Road and Plaza Street, will be required around
the bank drive-thru. The standard conditions of approval shall also apply. Seconded by
Sedlacek. TWO AYE: ONE NAY... MOTION CARRIES.
Merrill moves to remand DR-33-99 Washington Mutual Bank with Drive-up service back
to the Design Review Board for further review of the screening of the mechanical
structures and to get further design criteria on the east and west sides of the building.
Seconded by Sedlacek. Discussion. ALL AYE...MOTION CARRIES.
Mayor calls a short break.
8. NEW BUSINESS:
A. Appointment of Election Clerks and Judges:
Mayor introduces the item.
Sedlacek declares a conflict of interest.
Merrill moves to confirm the appointments of the Election Clerks and Judges. Precinct
#500 Election Judge: Betty Miller. Clerks: Thelma Taylor, Florence Saunders, Reba
Cullen, Marti Taylor, Pauline Hinman, Jeanie Farnworth, Maggie Jeters, Teresa Nicholas.
Precinct #501: Judge: Donna Jessen. Clerks: Karen Wagner, Lois Kunkler, Debbie Jessen,
Ruth Blackner, Katharine Brenneke, Carol Blair, and Kevin Jessen. The designated fee
will be $6.00 an hour. Seconded by Bastian. Discussion. TWO AYE, SEDLACEK
ABSTAINS. MOTION CARRIES.
B. Discussion of Friendship Park Tennis Court repairs for the upcoming fiscal year.
Merrill notes that she spoke to the City Clerk and she noted that Council did not budget for
repairs to the Tennis Courts in the 1999-2000 Budget, and would like direction.
Council member Merrill moves to continue this item to the next Council meeting.
Seconded by Sedlacek. ALL AYE...MOTION CARRIES.
C. DR-33-99 - Washington Mntnal Bank with Drive-uu Service and Buildin~ Wall Si-ns -
Washington Mutual: Washington Mutual, represented by Callison Architecture, Inc., is
requesting design review approval for a 5,000-square foot bank building with a drive-up service
window and approval for two building wall signs. The site is located at the southwest comer of
Highway 44 and Eagle Road within Channel Center Subdivision at 468 South Rivershore
Lane.(MLB)
Item addressed above under public hearings.
D. Findings of Fact and Conclusions of Law - A-2-99/RZ-4-99/CU-3-99/PPUD-1-99/PP-1-
99 -Countrvside Estates Project Summary: 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. The site is located at
the northwest comer of Ballantyne Lane and State Street.
Mayor introduces the item.
Sedlacek declares a conflict of interest and steps down.
Butler discusses the Findings and Conclusions of law.
Bastian moves to approve Findings of Fact and Conclusions of Law - A-2-99/RZ-4-99/CU-
3-99/PPUD-1-99/PP-1-99 - Countryside Estates the Seconded by Merrill. TWO
AYE...SEDLACEK ABSTAINS...MOTION CARRIES.
E. 99-10-S/99-15-PR -Itonev Creek Subdivision and Private Road - Larry Givens: Larry
Givens is requesting preliminary plat approval for Honey Creek Subdivision, a 5-lot, 25-acre
residential subdivision with a private road The proposed subdivision is located on the north side
of Beacon Light Road, approximately 640-feet west of Eagle Road. This subdivision is located
in the Eagle Area of Impact.(MLB)
Item addressed under the Consent Agenda.
F. Proposed Annexation of Monroe Property:
Mayor introduces the item.
Butler discusses his concern regarding pursuing annexation at this time. A letter is being drafted
to Ada County expressing interest in annexing this property. Discussion.
Buxton notes that a conflict of interest exists in regards to her representation of Star's area of
impact and Eagle's area of impact, and the City will be receiving a letter from her office soon
regarding the matter.
G. Discussion of the ACItD and ITD meeting today regarding Ballantyne Road/State
Street Intersection meeting which was held today.
Mayor introduces the item.
Sedlacek and Merrill review the events of the meeting. General discussion.
Council Reports: Merrill states that the temporary skateboard park will be beginning
construction. Estimated date will be October 22na or 23fa. Notes a meeting with the City
Engineer and Deputy City Clerk regarding a pathway grant application. Council agrees that the
tree in Heritage Park should be removed as it is dead and attempt to locate a replacement tree.
Discusses the berm near McDonalds and possible modifications to it. Sedlacek notes she has a
meeting with a few NERPA members regarding the Scenic Byway Grant tomorrow night.
Mayor notes that APA and Canyon County Planning will merge together, and be known as
COMPAS. Butler notes that the appeal for the Ada County/Eagle City Skateboard Park facility
has been moved to November 3rd. He will be going out in the first week of November to issue
warning citations to the sign violators.
9. AD]OURNMENT:
Merrill moves to adjourn. Seconded by Sedlacek. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 11:20 pm.
Respectfully submitted:
S~N K. MOORE /
CITY CLERK/TREASURER
APPR~ED:
RICK"~ZAG~I~,
MAYOR