Minutes - 1999 - City Council - 11/09/1999 - RegularEAGLE CITY COUNCIL
MINUTES
November 9, 1999
ORIGINAL
PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m.
Brian Johnson provides Council with a report on the temporary Skateboard Park. Discusses the
roles and the contracts that the kids are signing. General discussion.
1. Planning & Zoning Commission Liaison Report: No report.
2. ACHD Representative will discuss the Highway 44, Ballantyne Road and State Street
Intersection. Terry Little, ACHD, discusses the intersection of Ballantyne Road and State Street
and the report that was done by an independent engineering firm on alternatives. Provides an
overview of the alternatives. The solution that the Commission is recommending is Alternative
10. General discussion.
3. City Attorney Report: Susan Buxton. Requests an Executive Session for threatened litigation
and acquisition of property.
4. City Engineer Report: Discussion of Island Woods Pedestrian Bridge rip rap placement. -
Veto Brewer. Provides Council with an overview of the meeting with Charlie Fergesson and
Dan Torfin. City would need to pay for the costs and tracking. General discussion. Discussion
on extension of the greenbelt upstream and a budget.
5. City Clerkfrreasurer Report: A meeting is scheduled for November 16 at 2:00 o'clock with
Rich Donovan of the Humane Society. Reports on the current status of the Eagle Community
Fund which needs to be fully funded by the end of the year.
6. Zoning Administrator's Report: No report.
7. Mayor and Council's Report:
Guerber: No report.
Merrill: Reports on the temporary Skateboard Park. Some insulation needs to be put under the
ramps for noise abatement. Mayor's Christmas Tree. I have found a ponderosa pine and fir tree
that would cost about $200 a piece. Council concurs on the fir tree. Discussion on the ballards
at the pedestrian tunnel under Eagle Road. Council concurs to have these installed.
Bastian: No report.
Sedlacek: Frank Thomas is looking for investors to start a new paper to take the place of The
Valley News. Statesman representatives will be at pre-council on November 23rd.
Gucrber: There are some street lights out. Butler will tour town and take notes of the lights that
are out.
Mayor: We have had some complaints from property owners along Eagle Road because of the
new lighting.
REGULAR COUNCIL AGENDA: 7:30 p.m.
1. CALL TO ORDER:
2. ROLL CALL: Bashan, Merrill, Sedlacek, Guerber. 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. Claims Against the City.
B. Minutes of October 26, 1999.
Bastian moves to approve the Consent Agenda. Seconded by Merrill. ALL AYE:
MOTION CARRIES .................
Merrill moves to rearrange and add to the Agenda: Item 7A be moved to Item 5A, add
under New Business Item B. River Repair on the North Channel, Item 9. Executive Session
and Item 10 Adjournment. Seconded by Bastian. ALL AYE: MOTION CARRIES ..........
5. FINAL PLATS: None
5A. 7A. DR-33-99 - Washington Mutual Bank with Drive-up Service and Building Wall
Signs - 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)
Mayor introduces the issue.
Butler: Provides Council with an overview of the application. Design Review has recommend
approval with their recommended changes.
Martin Hill, Callison Architecture, Inc., representing the applicant, I am here to request that we
get approval tonight with the site specific conditions of approval with No. 1 and No. 4 removed
and to revise No. 3 to coincide with the conditional use permit of the berm measured from the
drive-up pad itself and up to State Street so that we don't get to high of a berm in front of the
area and all other conditions are acceptable.
General discussion on the conditions of approval and applicant's request to remove No. 1 and
No. 4.
Bastian moves to approve DR-33-99 Washington Mutual Bank with Drive-Up Service and
Building Wall Signs-Washington Mutual with Site Specific Condition of Approval No. 1
omitted and Site Specific Condition No. 4 omitted and amendment to Site Specific
Condition No. 3 line 2 to read: "through a minimum of 4-foot high as measured from the
finished elevation of the drive-through pad. Seconded by Guerber. ALL AYE: MOTION
CARRIES ...................
6. PUBLIC HEARINGS:
A. CPA-6-97 - City Initiated Comprehensive Plan Amendments - City of Eagle: The City
of Eagle is proposing to amend its Comprehensive Plan and Land Use Map. The Plan and Map
are official policy documents for the City and its Area of Impact and are intended to provide the
vision, goals, policies and implementation actions that will guide the community's development.
The Plan addresses the following components: Property Rights, Population and Growth,
Economic Development, Public Services, School Facilities, Land Uses, Natural Resources and
Hazardous Areas, Transportation, Parks, Recreation and Open Space, Housing, Community
Design and Cultural Resources. The Plan also includes a Land Use Map that, in part, illustrates
types of land uses and residential densities for Eagle and its Area of Impact. (MLB)
Mayor introduces the issue.
Butler: Provides an overview of the process to date. Butler goes through some editing changes
he has. Recommends changes proposed by Idaho Power Company under 4.2.7 with some
wording changes. Addresses the letter from Ada County Development Services and the
proposed changes requested. Addresses issues in the letter from ACHD. Changes on the Land
Use Map and Transportation Maps.
MAYOR OPENS THE PUBLIC HEARING
Mayor swears in each of the individuals that testified.
Angela Deckers, 2249 Dickey Circle. Supports a more balanced development within the City of
Eagle and supports lower density. I appreciate the Parks and Recreation Section. As President
of Evans Homeowner's Association my disappointment in the mixed use zone at the SW comer
of new Highway 55 and Hill Road.
Bob Van Treeck, 201 N. Linder Road, SW comer of State Street and Linder. Property owner for
14 years and it is difficult to live there now because of the traffic and safety. We are looking for
a zone change to commercial. Our property has been sold. This is outside the City of Eagle's
area of impact.
Ann Schenk, 410 N. Linder Road. Distributes a copy of her letter to the Council and reads the
letter.
Chris Findlay, 145 Horizon Dr., I represent the Lyons. We have vacant land in Randall Acres
that we have tried to sell. This is now zoned MU and this zoning doesn't work for the area.
Mark has suggested new verbage on this. Problem with the parking and the landscaping that is
required.
Morgan Masner, 3168 S. Whitepost. Congratulate the Council Members who retained their
seats. Thanks the Council for standing finn on what the City wants for development.
Sharon Patterson, 5025 Old Valley Road. I am requesting Council to consider rezoning to
commercial our property at 2805 and 2809 Hill Road, SE comer of the Hill Road and Highway
55. Far enough from downtown Eagle that a convenience store and gas station would not
compete with Downtown business.
Matthew Glavach, 248 N. Palmento. Discusses the subdivisions being development in Eagle,
which are really communities. The best place for these communities is the West side of Eagle.
By a community I mean a village, which would be a community within the City of Eagle.
Ed Camp, 294 Neskowin Way. I express my support for lower density. Ed inquires if
Residential Estates area will eventually be annexed.
Betty Miller, 959 Preakness. Thank you. You really listened to us about the Land Use Map. I
think this is a real stand for diversity.
Mike Sealer, 1125 Steepleview Drive. Congratulation to Stan and Nancy on their re-election.
Thank you to the Planning and Zoning Commission. Discusses some changes he would like to
see in the Comp Plan.
Steve Deckers, 2249 Dickey Circle. Distributes a copy of his written comments to the Council
and discusses the same.
Dennis Whitmore, Boise, Developer of Lexington Hills, I'm in favor of Parks and Recreation
but that all has to be paid for. Concerned about sewer service to the undeveloped land left in the
City of Eagle. The old timers are not being considered because they won't be able to get what
their property should be worth.
Colleen Maile, 885 Rush Road, I just wanted to say job well done, thank you. Commercial
vision you have for the community is good.
Phil Whitener, 198 Rooster Drive. I want to congratulate the incumbents. I agree with what
Steve Deckers said. Planning and Zoning ignored what the public wanted and the Council has
corrected this. We need to support the Downtown Merchants.
Lloyd Gerber, 3420 N. Shadow Hills Dr. Thank you for the job you have done. Eagle has
improved.
Ann Schenk, 410 N. Linder Road, I'm not opposed to what is going on in Eagle. I would like to
extend an invitation to each of you to spend a hour in the evening at the comer of Linder Road
and State Street.
MAYOR CLOSES THE PUBLIC HEARING
Mayor calls a recess at 9:35 p.m.
Mayor reconvenes the meeting at 9:50 p.m.
Butler wrote down the concerns that were addressed in the Public Hearing and provides a review
for Council to consider each individual item.
Merrill moves to remove the proposed Aikens road extension between 2nd Street and
Palmento shown on the transportation plan map. Seconded by Guerber. Discussion. ALL
AYE: MOTION CARRIES ..........
Bastian moves to allow mixed use on the Southwest corner of Hill Road and new Highway
55. Seconded by Sedlacek. Discussion. THREE AYES: ONE NAY: MOTION
CARRIES ..............
Sedlacek moves not to allow commercial development on Linder and State and Linder and
Chinden. Seconded by Merrill. ALL AYE: MOTION CARRIES .............
Bastian moves that we accept Butlers language: Consider development of an Ordinance or
other suitable measures to stimulate redevelopment in areas determined by the City
Council to be in need of renewal. Seconded by Merrill. ALL AYE: MOTION
CARRIES ..........
Merrill moves to put the total build-out number in the Comp Plan. Seconded by Sedlacek.
Discussion. ONE AYE: 3 NAYS: MOTION FAILS ................
Guerber moves to add 5.5f Commercial development outside of Central Business District
and within City limits and impact area should compliment Eagle's rural residential identity
and the Central Business District. Seconded by Sedlacelc ALL AYE: MOTION
CARRIES .........
Guerber moves to add under Land Use Section, C. To discourage lot splits within approved
platted subdivisions. Seconded by Bastian. Discussion. ALL AYE: MOTION
CARRIES ...............
Merrill moves to add a pathway North and South from Hill Road to Floating Feather and
approve the pathways on the Pathway Map. Seconded by Guerber. ALL AYE: MOTION
CARRIES .........
Guerber moves to change the language on the map and the text to say "up to x amount of
dwellings". Seconded by Merrill. ALL AYE: MOTION CARRIES ...............
Bastian moves to add language "proposed changes should provide an estimate on the
impact to the infrastructure". Seconded by Merrill. ALL AYE: MOTION
CARRIES ...........
Sedlacek moves to allow commercial at Hill Road and Highway 55. Seconded by Guerber.
ALL AYE: MOTION CARRIES ................
Bastian moves in Section 7.8 on page 22 of 49: Strike out the words "may be" and add "is".
Seconded by Guerber. THREE AYES: ONE ABSTAIN: MOTION CARRIES ..............
Gnerber moves to go back to the original language "may be". Seconded by Bastian. ALL
AYE: MOTION CARRIES ...............
Bastian moves to accept the language: "Section 2.1, Page 4 of 49, However, under the
provisions of Idaho State code, the City does have the authority to restrict a property
owner's usage of his/her property. Seconded by Merrill. Discussion. Bastian withdraws
the Motion, Second concurs.
Guerber moves to change the language Section 6.2 on Page 15 of 49: In order to ensure the
quality of life as desired by Eagle residents, residential and commercial development is
necessary to maintain a tax base that is adequate to provide expected public services.
Seconded by Bastian. Discussion. ALL AYE: MOTION CARRIES ................
Sedlacek moves: Q. To encourage a variety of housing through such mechanisms as PUD's
and subdivisions including large lot subdivisions. Seconded by Merrill. ALL AYE:
MOTION CARRIES ...........
Merrill moves to add the Scenic Corridor language from the 1997 Comp Plan back into the
2000 Comp Plan. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ................
Sedlacek moves to add Eagle tree plan back into the 2000 Comp Plan as it was in the 1997
Comp Plan. Seconded by Merrill. ALL AYE: MOTION CARRIES ................
Guerber moves to adopt the Comp Plan. Seconded by Bastian. Discussion. BASTIAN:
AYE; MERRILL: AYE; SEDLACEK: AYE; GUERBER:AYE: ALL AYE: MOTION
CARRIES ..............
7. UNFINISHED BUSINESS:
A. DR-33-99 - Washington Mutual Bank with Drive-up Service and Building Wall Signs -
Washington Mutual: Washington Mutual, represented by Callison Architecture, Inc., is
requesting design review approval for a $,000-squarc foot bank building with a drive-up service
window and approval £or two building wall signs. The site is located at thc southwest comer of
Highway 44 and Eagle Road within Channel Center Subdivision at 468 South Rivershore
Lanc.(MLB)
Moved to Item SA.
B. RZ-2-98 - Eagle River Development (Grossman Properties') - Eagle River, LLC: Eagle
River, LLC, represented by Bill Clark, is requesting a rezone fi.om A (Agriculture) and M-lA
(Industrial Park District) to PS-DA (Public/Semi-Public), C-3-DA (Highway Business District),
and MU-DA (Mixed Use) with a development agreement. A portion of the proposed change
from thc residential land use designation to thc Public/Semi Public land use designation and M-
lA zoning designation to PS-DA zoning designation is City initiated for a City park. Thc 93-
acre site is located on the southeast comer o£ State Highway 44 and S. Eagle Road. (MLB)
NOTE: An additional public hearing for this item will be held on December 14, 1999 as the
applicant has submitted a revised Development Agreement to the City Council for
consideration.
Mayor introduces the issue.
Bastian moves to continue RZ-2-98 Eagle River Development to December 14, 1999.
Seconded by Guerber. ALL AYE: MOTION CARRIES ...........
C. RZ-7-98 - Rezone for BramHall Subdivision - Roger C. Crandlemire: Roger C.
Crandlcmirc, represented by Roylance & Associates, is requesting approval of a rczunc from A-
R (Agricultural-Residential -unc dwelling unit per five acres maximum) to R-3 (Residential -
three dwelling units per one acre maximum). The 95.2-acre site is located on the north side of
Floating Feather Road approximately %-mile west of Eagle Road at 1400 W. Floating Feather
Road.(MLB)
Mayor introduces the issue.
Sedlacek moves to deny RZ-7-98 Rezone for BramHall Subdivision. Seconded by Merrill.
THREE AYES: ONE NAY: MOTION CARRIES .................
D. Pavette River Scenic Byway Grant Uodate: (LS)
Sedlacek: Provides Council with a Memorandum to update the Council on the Payette River
Scenic Byway Grant. Discussion on the Budget. General Council discussion.
Merrill moves to use the Scenic Byway money to begin at State Street and head North
Seconded by Sedlacek. ALL AYE: MOTION CARRIES ................
8. NEW BUSINESS:
A. Resolution 99-9: Adoption of thc second restated and amended Joint Powers Agreement and
the Articles of Reformation and Organization of thc Community Planning Association of
Southwest Idaho a non-profit association. (SEB)
Mayor introduces the issue.
Buxton: This is not a Resolution. You should just agree to enter into the Seconded Restated and
Amended Joint Powers Agreement.
So moved by Guerber. Seconded by Merrill. ALL AYE: MOTION CARRIES ...............
B. River repair at North Channel.
Mayor we need to spend some money on the river repair at North Channel.
So moved by Guerber. Seconded by Merrill. ALL AVE: MOTION CARRIES .............
Vc~rn Brew~: The cost will be $24 a yard and approximately 300 yards. Will not know the
actual yardage until the actual placement.
9. EXECUTIVE SESSION:
Guerber moves to go into Executive Session. Seconded by Merrill. Bastian: AVE; Merrill:
AVE; Sedlacek: AVE; Guerber: NAY: MOTION CARRIES ................
Executive Session discussion on threatened litigation and acquisition of property.
10. ADJOURNMENT:
Guerber moves to adjourn. Seconded by Sedlacek. ALL AVE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 12:20 p.m.
Respect fully submitted. 4,~ ~,, ,,,,,
SHARON K. MO(bRE
CITY CLERKJTREASURER
APPROVED:
RICK
MAYOR