Minutes - 1999 - City Council - 12/14/1999 - RegularEAGLE CITY COUNCIL
MINUTES
December 14, 1999
ORIGINAL
PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m.
1. Mike Mongelli, Eagle Building Official will discuss flood plain information and Flood rating
from FEMA. We were given a six, the highest rating in the state o£ Idaho. This will allow the
residents of Eagle to receive an insurance rate reduction after April 2000. Discussion on rating
building departments. Our building department is rated a four in a scale from 1 to I0. This will
allow for those individuals who have a CO after 1/1/00 to receive better homeowner's insurance
rates. A press release will be published to inform the community.
2. Katie Lavine will discuss Treasure Valley Futures. Charles Trainor, Community Planning
Association, 413 W. Idaho, Project Manager, will make the presentation for Ms. Lavine. See
attached exhibits.
3. City Attorney Report: No report.
4. City Engineer Report: Vern Brewer. The work protecting the pathways along the Boise River
and beyond have been completed to everyone's satisfaction. This has been very successful.
Recommendation that Eagle put some money aside on an annual basis for particular areas where
the river is encroaching for the protection of the pathways. Brewer invites the City Council to go
visit the site. Merrill discusses the handicap access and future plans. Brewer will be making a
change in verbiage of the ordinance to change the requirement of future development along the
river to ensure adequate easement for access of the river. Bid laws are discussed with city
attorney and Brewer. Discussion ora well and United Water.
5. City Clerk/Treasurer Report: No report.
6. Zoning Administrator's Report: Reports on problems with the sign ordinance. Makes
recommendation to clarify this issue. General discussion.
7. Mayor and Council's Report: Moved to end of the Agenda
Mayor Yzaguirre calls for a recess at 7:30 p.m.
Mayor reconvenes the meeting at 7:45 p.m.
REGULAR COUNCIL AGENDA: 7:45 p.m.
1. CALL TO ORDER:
2. ROLL CALL: Bastian, 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.
Merrill moves that Item D. Claims Against the City be added to the Consent Agenda.
Seconded by Sedlacek. ALL AYES: MOTION CARRIES .............
A. Final Plat Extension of Time for Chaumont Subdivision No. 3: Hiliwa¥, Inc.
Hillway, Inc., represented by Gary Lee with JUB Engineers, is requesting a one-year
extension of time for the final plat for Chaumont Subdivision No. 3, a 49-1ot (48-
buildable) residential subdivision. The 14.5 -acre site is located approximately 1,600-
feet east of Edgewood Lane and abuts Chaumont Subdivision No. 2 to the north. The
site is within the Eagle City Limits. (MLB)
B. Approval of Liquor, Beer and Wine license renewals for Year 2000:
C. Proclamation for Carol ltale¥ Day: In appreciation dedication and service to the
Eagle Community while Mayor, and in honor of Carol Haley's 80t~ birthday, Mayor
Yzaguirre and City Council hereby declare December 12th Carol Haley Day.
D. Claims Against the City.
Merrill moves to approve the items on the Consent Agenda. Seconded by Guerber. ALL
AYE: MOTION CARRIES .................
Merrill moves to move Item C. - DR-27-97 MOD - Eagle Plaza Master Sign Plan - Edge
Investments to Item A. and all other items move down one number. Seconded by Guerber.
ALL AYE: MOTION CARRIES ...............
Merrill moves to add Item B. to New Business, light repairs and replacements. Seconded
by Guerber. ALL AYE: MOTION CARRIES ..............
5. F1NAL PLATS:
A. FP-14-99 - Final Plat for The Colony Subdivision - Craig and Kristen Van Engelen:
Craig and Kristen Van Engelen are requesting final plat approval for The Colony Subdivision, a
27-acre, a 28-1ot (26-buildable) residential subdivision located on the north side of State
Highway 44 approximately 1-mile east of Linder Road. The site is within the Eagle City Limits.
(MLB)
Butler reviews the issue. General discussion.
Sedlacek moves to approve FP-14-99 - Final Plat for The Colony Subdivision - Craig and
Kristen Van Engelen with standard staff recommendations of approval. Seconded by
Merrill. ALL AYE: MOTION CARRIES ..................
C. DR-27-97 MOD - Eagle Plaza Master Sign Plan - Edge Investments: 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. Edge
Investments, represented by Debbie Anderson with Idaho Electric Signs, is requesting design
review approval for a modification to the master sign plan for Eagle Plaza. The site is located on
the northeast comer of Eagle Road and Plaza Drive at 174 South Eagle Road. (MLB)[Continued
from the December 7, 1999 meeting.]
Butler reviews the issue and introduces the applicant.
Debbie Anderson reviews the application and gives additional information to Council Members.
General Discussion. The Council would like to have the two of the signs switched so the larger
sign is placed in an area with more space and the smaller sign is placed in the larger sign's
position.
Merrill moves to approve the DR-27-97 MOD - Eagle Plaza Master Sign Plan - Edge
Investments with the site specific and standard conditions of approval recommended by the
Design Review Board with the following changes; Item number two be changed to where it
says "the total of all wall signs for the multi-tenant building shall not exceed three hundred
and fifteen feet to be shared between tenants, Item number five be deleted which talks
about supplying a revised plan for the sign and be replaced with language which says the
monument sign shown on the elevation sight plan submitted to Council 12/14/99 be
approved to be in the location of the existing sign at the driveway and that monument sign
be moved to the corner of Second and Plaza. Also, condition number eleven be eliminated.
Seconded by Bastian. ALL AYE: MOTION CARRIES ..................
6. UNFINISHED BUSINESS:
A. Digital Base Map Participant Agreement: (SEB)
Susan Buxton states Idaho State Code, which gives the county the right to charge for the
digitized map production. Buxton recommends that the agreement be approved with the
elimination of the copyright clause.
Susan Buxton, City attorney, reads the portion of the Idaho State Law, which allows for the
county to collect fees for the digital mapping system. Buxton recommends that the issue be
approved. One issue of copyright is unclear and Buxton recommends the addition ora
disclaimer on the agreement.
Merrill moves to approve the Digital Base Map Participant Agreement with Ada County
and add Exhibit E. that will be the addition of a disclaimer for Eagle City liability similar
to the Ada County disclaimer on the agreement. Seconded by Guerber. Bastian: AYE;
Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYES: MOTION
CARRIES ............. General discussion on monetary amount.
B. Resolution No. 99-10: A Resolution Dissolving The Pathway Committee And The Parks
Development Committee And Creating A Park And Pathway Development Committee; And
Providing An Effective Date.
Mayor Yzaguirre reviews the issue.
Merrill mentions there are several members of the community who would like to serve on the
committee.
Merrill moves to continue Resolution No. 99-10 to the January 11, 2000 meeting.
Discussion. Merrill amends the motion to approve Resolution No. 99-10. Discussion.
Merrill amends the motion to approve Resolution No. 99-10 with these changes; section one
and section two make the appointment and confirmation of the committee members be in
compliance with the other committees of the City of Eagle and change the verbiage in
section 4: DUTIES, item 5. to read "Represent the City of Eagle at meetings involving
parks and pathways." Seconded by Guerber. ALL AYE: MOTION CARRIES ..........
D. Ordinance 361 {ZOA-4-99) - Zoning Ordinance Amendment - Providence Development
Group LLC Second Reading: Providence Development Group represented by Shawn L. Nickel,
is proposing to amend Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts and
Maps", Section 4 "Schedule of Building Height and Lot Area Regulations" to allow a 10-foot
reduction in the front yard setback for houses with side entry garages and a 5-foot reduction for
houses where the living area portion of the dwelling unit extends out (to the front) beyond the
garage. (MLB)
Butler introduces the issue and general discussion follows.
Guerber Moves to approve Ordinance #361 Amending Eagle City Code Title 8, Chapter 2,
section 8-2-4; and providing an effective date and schedule a third reading of this
Ordinance at the next City Council Meeting in January. Discussion. Guerber Moves to
withdraw his motion for clarification by the applicant.
Richard Thomlinson, 1778 Steel Place, Eagle, gives an explanation of the above 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 # 361 be considered after being read once by title only. That
Ordinance amending Eagle City Code Title 8, Chapter 2, section 8-2-4 providing an
effective date. Seconded by Merrill. Discussion. THREE AYES: ONE NAY: MOTION
CARRIES .............
Guerber moves that Ordinance #361 be adopted with an amendment to the presentation in
Section A4 that eliminates the last line "for the purpose of". Discussion. And clarifies
distance of twenty feet is a measured from the property line to the foundation of the garage.
Roll Call: Three Ayes, one Nay. Motion Carries .................
7. PUBLIC HEARINGS:
Mayor Yzaguirre opens the public hearing.
Merrill moves to change item B. to be heard first and item A. heard second. Seconded by
Guerber. ALL AYE: MOTION CARRIES ..............
A. ZOA-3-99 -Zoning Ordinance Amendment - Eagle River LLC: Eagle River LLC,
represented by Clark Development is proposing to amend Eagle City Code Title 8 "Zoning",
Chapter 2 "Zoning Districts and Maps", Section 3 "Schedule of District Use Regulations to
amend the list of permitted, conditional, and prohibited uses within the "MU" zoning
designation. The proposed amendment will create more permitted and conditional uses, thus
decreasing total prohibited uses making the "MU" zoning designation less restrictive than it is in
its current form. (MLB)
Sedlacek's parents have property in MU zone, per Buxton it would be proper for any member of
Council to participate in the issue because it is a legislative issue.
Bill Clark, 479 Main Street, Boise, ID, introduces the issue and gives comments.
Butler points out the Planning and Zoning Commission's recommendations and comments from
staff. General Discussion. Butler reviews the mixed-use charts and stafI~s recommendations.
Council requests clarification on specific definitions of the 'type' of shops.
Mayor opens the public hearing, no one wants to speak, and Mayor closes the public
hearing.
Council and Butler review the items on the chart line by line and makes appropriate changes.
Guerber moves to continue Item 7B. until following the Public Hearing on Item 7A.
Seconded by Bastian. ALL AYE: MOTION CARRIES ................
Mayor calls a recess at 9:45p.m.
Mayor reconvenes the meeting at 9:55p.m.
B. RZ-2-98 - Eagle River Development (Grossman Properties) - Eagle River, LLC: Eagle
River, LLC, represented by Bill Clark, is requesting a rezone from 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 the residential land use designation to the Public/Semi Public land use designation and M-
lA zoning designation to PS-DA zoning designation is City initiated for a City park. The 93-
acre site is located on the southeast comer of State Highway 44 and S. Eagle Road. (MLB)
Mayor Yzaguirre introduces the issue.
Bill Clark, 479 Main Street, Boise, ID, introduces the issue and gives comments. General
discussion by Council Members and Clark.
Mayor Yzaguirre opens the Public Hearing.
Tom Dater, 827 East Riverside, Eagle, the item at issue would probably kill the downtown
business. The total square footage is equal to all of the existing Eagle retail space. Dater gives
recommendation to deny the application and require a review of all individual retail applicants.
Other recommendations are made.
Phil Whitner, 198 Rooster Drive, Eagle, agrees with the previous speaker. Speaks on several
negative issues for this application.
Michael Hummel, agrees with the previous speaker. Does not like the blanket development
agreement.
Kathryn Hepner, Steepleview, recommends that if this is approved Council should control the
retail businesses to control any toxic material.
Bill Clark has a rebuttal. Visual aids are used to show Council the graphic of the design. Clark
explains the details of the berms, and etc. Clark points out that the hotel development has a
building period of seven years. Eagle has a great need for retail and tax revenue.
Tom Dater, trees and berms are not the same kind of screen. Clark had requested trees be put to
separate Dater's property. Dater would like to have a ten-foot berm.
Mayor closes the public hearing.
Bastian asks the developer what he thinks about the whole thing being a business park? Clark
responds with reasoning for the need for retail in Eagle. With Clark's proposal there is more
room for diversification and it compliments downtown. Merrill asks questions about the
residential area plans. Sedlacek asks questions concerning the prohibition of mobile homes.
General discussion.
Bastian moves to continue the items RZ-2-98 - Eagle River Development (Grossman
Properties) - Eagle River, LLC and ZOA-3-99 -Zoning Ordinance Amendment - Eagle
River to the January 11, 2000 meeting. Seconded by Sedlacek. ALL AYE: MOTION
CARRIES ................
8. NEW BUSINESS:
A. Findings of Fact and Conclusions of Law for A-3-99 & RZ-5-99 for Craig and Kristen
Van Engelen: Project Summary: Craig and Kristen Van Engelen are requesting annexation and a
rezone from RT (one unit per five acres) to R-2 (two units per acre) [approved to R-I]. The site
is located on the south side of Floating Feather Road approximately ~/2-mile west of B allantyne
Road. (MLB)
Merrill moves to approve the Findings. Seconded by Sedlacek. ALL AYE: MOTION
CARRIES ..............
B. Ordinance 362: An Ordinance Annexing Certain Real Property Situated In The
Unincorporated Area Of Ada County, Idaho, And Contiguous To The Corporate Limits O£ The
City Of Eagle, To The City O£Eagle, Idaho; Established The Zoning Classification O£ Said Real
Property; Directing That Copies Of This Ordinance Be Filed As Provided By Law; And
Providing An Effective Date.
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 #362 be considered after being read once by title only. Ordinance 362, An
Ordinance Annexing Certain Real Property Situated In The Unincorporated Area Of Ada
County, Idaho, And Contiguous To The Corporate Limits Of The City Of Eagle, To The
City Of Eagle, Idaho; Established The Zoning Classification Of Said Real Property;
Directing That Copies Of This Ordinance Be Filed As Provided By Law; And Providing An
Effective Date. Seconded by Merrill. ALL AYE: MOTION CARRIES ............
Bastian moves that Ordinance #362 be adopted. Bastian: AYE; Merrill: AYE; Sedlacek:
AYE; Guerber: AYE: ALL AYE: MOTION CARRIES .................
C. Request for Waiver of Condition - Brookwood PUD - Mike Hormachea: Mike
Hormachea is requesting a Council waiver of site specific condition #29 denying the applicant
the ability to vary side yard setbacks for two stow dwellings for certain housing types. (MLB)
Mike Hormachea, 1101 W. River Street, requests a change in the site specific condition #29 be
changed to accommodate the lots to wave the setback for two story lots.
Bastian moves to allow the additional interior side setback for multi-story structure to be
five foot per story in the Type A in estate site setback. Type B luxury lot there would be a
7.5 lot setback and an additional 2.5 per second story. That in the Type E, Streamside lot
setbacks allow 2.5 or a ten-foot setback over all. Set-back within the R4-P to be as
proposed 2.5 with the total of ten foot set-back, and Type B, 2.5 with a total of ten-foot set-
back. Seconded by Sedlacek. Discussion. ALL AYE: MOTION CARRIES .........
D. Mayor Yzaguirre introduces the issue of lights.
Guerbcr reviews the location and status of strcetlights.
Merrill moves to have the Mayor direct staff to proceed on the recommendations for the
street light repair and replacement as presented by Steve Guerber. Bastian Seconds. ALL
AYE: MOTION CARRIES ..............
Mayor and Council Reports:
Merrill discusses thc land fill.
Bastian reports on thc kids skateboarding on and near thc library and the problems associated
with the skateboarding. Bastian reports on legal opinions of other libraries and Eagle's policies
on pornography and the intemet.
Mark discusses the legal status with Bob Weaver.
9. ADJOURNMENT:
Sedlacek Moves to adjourn. Seconded by Merrill. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 11:45pm.
Respectfully submitted:
CITY CLERK/TREASURER
APPROVED:
RICr zAo d[,
MAYOR xl