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Minutes - 2000 - City Council - 01/11/2000 - RegularTHE CITY OF EAGLE CITY COUNCIL MINUTES JANUARY 11, 2000 ORIGINAL PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m. 1. Ada County Sherifl?s Office: Sgt. Freeman will present the monthly report for December1999. Freeman distributes the monthly report. We have added an additional 700 sq. IT to our Substation for office space. The Eagle Country Christmas was a success. We had a quiet New Years Eve. We had seven citizens in Eagle that cooperated with ns and patrolled their areas. Introduces Deputy Dana Borkquist. Introduces Deputy Jori Harris. Deputy Harris presents a proposal regarding the lighting of Dunyon/Parkinson to the Council and discusses the same. Discussion on problems on Idaho Street and how it was resolved. Discussion on Early Intervention Programs. General discussion. Further discussion on street lighting. 2. Presentation to former Planning and Zoning Commissioners and Design Review Board Member. Mayor presents Donald Brinton and Lynn Moser with an appreciation award for their dedication, time and hard work on the Planning and Zoning Commission. Council thanks Don and Lynn for their dedication and hard work. 3. City Attorney Report: Susan Buxton: Add Resolution No. 00-01 to the Agenda. Star City Council will approve their resolution at the joint meeting tomorrow night. Mike Moore will be at the joint meeting with Star tomorrow night. Reports on the meetings that have been held on the Hormachea well. 4. City Engineer Report: Veto Brewer. Discusses some proposed changes to the City ordinance that would be based on suggestions from the Flood Control District #10 that would help protect areas of access. Veto will bring a proposed drafi to the next meeting. Discussion on including language that identifies the responsibilities and guidelines under which the Flood Control District operates. General discussion. Discussion on assessing costs of the greenbelt extension. Reports on the Floating Feather/Eagle Road well. We are meeting tomorrow at 9:30 a.m. with Dan Brown, United Water. Discussion on the bollards at the Eagle Road Bridge. Merrill: Discussion on grant funds for pathways on the South Side of the South Channel. There is approximately $700,000 in grant funds that are available. The grant needs to be submitted by January 28th. General discussion. This item will be added to the Agenda. 5. City Clerk~Treasurer Report: I have distributed a memo on the rebate/tax credit on the Park/Pathway Development Impact Fees. Discussion on Joint Meetings with P&Z Commissioners. Also I have distributed copies of notices of up coming meetings for your review. Let Staff know if you have any items that would be good for the City Web Page. 6. Zoning Administrator's Report: Butler: The two items I have for discussion need to be in Executive Session. 7. Mayor and Council's Report: Guerber: Something needs to be done with Deshazo's property on Eagle Road. There are abandoned cars and other violations. General discussion. Merrill: Discusses information meeting on the Skateboard Park. Discussion on the new Park Committee. Reports on the Planning and Zoning Commission meeting last night. Remainder of reports will be at the end of the meeting. REGULAR COUNCIL AGENDA: 7:45 p.m. 1. CALL TO ORDER: 2. ROLL CALL: MERRILL, BASTIAN, SEDLACEK, GUERBER. All present. A quorum is present. Page lof 11 K:\CO U N CIL\MIN UTIES\Tern pora ry Minutes Work ArealCC-O1-11 -OOmin.doc PLEDGE OF ALLEGIANCE: CONCLUSION OF FISCAL BUSINESS: I. 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 Councilmember, 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 removes Item #4A, F, G, J, L, M, O and Q from the Consent Agenda. Bastian removes Item #4C from the Consent Agenda. A. Minutes of November 23, 1999. B. Minutes of December 7, 1999. C. Minutes of December 14, 1999. D. Minutes of January 4, 2000. E. Claims Against the City. F. DR-18-97 MOD - Extension of Time for McDonalds's Playland Addition: 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. McDonald's Corporation, represented by Baumgart Construction, is requesting a one year time extension for DR-18-97 MOD - McDonald's Playland Addition. (MLB) G. DR-43-98 MOD - Eagle Pavilion Master Sign Plan Modification - Salmon Point Development: 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. Salmon Point Development, represented by Debbie Anderson with Idaho Electric Signs, is requesting a modification to the master sign plan for Eagle Pavilion. The site is located on the northeast comer orS. Eagle Road and State Highway 44 at 480 S. Eagle Road. (MLB) H. DR-40-99 - Building Wall Sign for Mail Boxes Etc. - Brian Davis: 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. Brian Davis, represented by Ron Harold with Aim Sign Company, is requesting design review approval of an internally illuminated building wall sign for Mail Boxes Etc. located within the Eagle Pavilion Shopping Center at 372 South Eagle Road. (MLB) I. DR-42-99 - Two Monument Signs for Medallion Eagle Professional Center - Oppenheimer Development Corporation: 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. Oppenheimer Development Corporation, represented by Phil Hull with The Land Group, is requesting design review approval of two monument signs for the Medallion Eagle Professional Center. This site is located on the north side of State Street between Stierman Way and Palmetto Avenue at 600 and 700 East State Street. (MLB) Page 2of 11 K:\COUNCIL\MINUTES\Tem~ora~ Minutes Work Area\CC-01-114)0min.doc J. DR-43-99 - Two Monument Signs for Jackson's Food Store - Jackson's Food Stores: 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. Jackson's Food Stores, represented by Eric Williams with Young Electric Sign Company, is requesting design review approval of two monument signs for Jackson's Food Store. The site is located on the northwest comer of State Street and Eagle Road at 30 West State Street. (MLB) K. DR-44-99 - Building Wall Sign for Edward Jones - Edward Jones: 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. Edward Jones, represented by Debbie Anderson with Idaho Electric Signs, is requesting design review approval of an internally illuminated building wall sign. The site is located at the northeast comer of State Highway 44 and Eagle Road at 370 South Eagle Road. (MLB) L. DR-45-99 - Building Wall Sign for G1NC Live Well - GNC Live Well: 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. GNC Live Well, represented by Richard Waters with Golden West Advertising, is requesting design review approval of an internally illuminated building wall sign. The site is located at the northeast comer of Eagle Road and State Highway 44 at 366 South Eagle Road. (MLB) M. DR-46-99 - Master Sign Plan for Zamzows Retail Center - Zamzows Inc.: 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. Zamzows, represented by John Morton with Golden West Advertising, is requesting design review approval of two monument signs and various wall signage. The site is located at the northwest comer of Eagle Road and State Highway 44 at 435 South Eagle Road. (MLB) N. DR-47-99 - Building Wall Sign for Hair Masters - Regis: 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. Regis, represented by Debbie Anderson with Idaho Electric Signs, is requesting design review approval of an internally illuminated building wall sign. The site is located at the northeast comer of Eagle Road and Plaza Drive at 288 Plaza Street. (MLB) O. DR-48-99 - Interpretive Center with Information Kiosk and Three Signs - City of Eagle: 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 o fan application being final. The City of Eagle, represented by Doug Russell with The Land Group, is requesting design review approval of an Interpretive Center to include an Information Kiosk and three signs. The site is located on the northwest comer of State Highway 55 and Beacon Light Road. (MLB) P. DR-49-99 - Monument Sign for the Pavette Scenic Byway - City of Eagle: 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. The City of Eagle, represented by Doug Russell with The Land Group, is requesting design review approval of a monument sign which denotes the Payette Scenic Byway. The site is located on the east side of State Highway 55 approximately ½ mile north of Floating Feather Road. (MLB) Q. LS-7-99 - Lot Split - Eagle Heiehts Develooment. Inc.: Eagle Heights Development, Inc., represented by Ted Martinez and Joe Hams, is requesting approval of a lot split for the creation of two lots located on the south side orE. State Street approximately 1,200- Page 3of 11 K:\COUNCIL\MIN UTES\Temporary Minutes Work Area\CC-01-11 -O0min.(Joc feet west of Edgewood Lane at 1275 E. State Street. (MLB) R. Re-Appointment of Design Review Board Member: The Mayor is requesting Council confirm the re-appointment of Jim Murray to the Design Review Board. (RY) S. Re-Appointment of Historical Preservation Commissioner: The Mayor is requesting Council to confirm the re-appointment of Maggie Jeters to the Commission. (RY) T. Appointment of Design Review Board Member: The Mayor is requesting Council confirm the appointment of Bob Kenison to the Design Review Board. (RY) Sedlacek moves to approve the Consent Agenda as amended. Seconded by Merrill. ALL AYE: MOTION CARRIES ................ 4IA. Minutes of November 23, 1999. Merrill: On Page 6, bottom of page, after Buxton: it should read Planning and Zoning. Merrill moves to approve the Minutes of November 23, 1999 with the change. Seconded by Guerber. ALL AYE: MOTION CARRIES ................. 4IC. Minutes of December 14, 1999. Bastian: On Page 6 #C, there are some changes to the wording of the motion I made. It should read: Type B luxury lot there would be a 7.5 lot setback and an additional 2.5 per second story. Bastian moves to approve the Minutes of December 14, 1999, with changes. Seconded by Merrill. ALL AYE: MOTION CARRIES ................... 4IF. DR-18-97 MOD - Extension of Time for McDonalds's Playland Addition: 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. McDonald's Corporation, represented by Baumgart Construction, is requesting a one year time extension for DR-18-97 MOD - McDonald's Playland Addition. (MLB) Butler: Baumgart Construction has already received a one year extension. This would be a second one year extension not permitted. They have started construction. They have done some survey work. I recommend that Council deny this with a letter saying that construction has started and shall be diligently pursued otherwise a new Design Review Application will be required to be submitted. This is what the Code states. General discussion. Merrill moves to deny DR-18-97 MOD - Extension of Time for McDonald's Playland Addition and the Zoning Administrator write a letter stating that construction needs to be diligently pursued or a new Design Review Application will be required. Seconded by Bastian. Discussion. Merrill withdraws the motion, Bastian withdraws the second. This matter will be revisited at the end of discussion on the Consent Agenda Items. 4IG. DR-43-98 MOD - Eagle Pavilion Master Sign Plan Modification - Salmon Point Development: 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. Salmon Point Development, represented by Debbie Anderson with Idaho Electric Sil~ns, is requestin~ a modification to the master si~n plan for Ea~le Pavilion. The site is located Page 4of 11 K:\CO U N CIL\MIN UT£S\Tem pora ry Minutes Work Area\CC-01-1 l~OOrnin.dcc on the northeast comer of S. Eagle Road and State Highway 44 at 480 S. Eagle Road. (MLB) Mayor introduces the issue. Butler: Staff recommended and Design Review also recommended an item in the first condition which states: Item #8 referring to the Master Sign Plan criteria that was submitted by the applicant's sign representative be eliminated from the Master Sign Plan. The reason for this recommendation was because Item #8 referred to allowing two signs per single business that fronted more than one street. I would recommend adding language that says: Each business shall be permitted one wall sign except that a second wall sign shall be permitted if Eagle City Code is changed in the future to allow a second sign under certain conditions. This way we don't have to do a modification. Bastian moves to approve DR-43-98 MOD - Eagle Pavilion Master Sign Plan Modification with the suggested changes by Butler. Seconded by Merrill. ALL AYE: MOTION CARRIES ................... 4IJ. DR-43-99 - Two Monument Signs for Jackson's Food Store - Jackson's Food Stores: 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. Jackson's Food Stores, represented by Eric Williams with Young Electric Sign Company, is requesting design review approval of two monument signs for Jackson's Food Store. The site is located on the northwest comer of State Street and Eagle Road at 30 West State Street. (MLB) Mayor introduces the issue. Merrill: This applicant has pulled his application today so we don't need to act on this matter. 4IL. DR-45-99 - Buildino Wall Sion for GNC Live Well - GNC Live Well: 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. GNC Live Well, represented by Richard Waters with Golden West Advertising, is requesting design review approval of an internally illuminated building wall sign. The site is located at the northeast comer of Eagle Road and State Highway 44 at 366 South Eagle Road. (MLB) Mayor introduces Merrill: What is going to happen to the temporary sign and when will the signs be removed. Butler: I am going over with the Sheriffto notify the owner that a citation will be issued if the nonconforming signs are not removed. Merrill moves to approve DR-45-99 and that we instruct Staff to move forward with the removal of the nonconforming temporary signs. Seconded by Sedlacek. ALL AYE: MOTION CARRIES .......... 4IM. DR-46-99 - Master Sign Plan for Zamzows Retail Center - Zamzows Inc.: 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. Zamzows, represented by John Morton with Golden West Advertisinl~, is requestin~ design Page 5of 11 K:\COU N ClL\MIN UTES\Te mporar~ Minutes Work Area\CC-01-11 -O0min,doc review approval of two monument signs and various wall signage. The site is located at the northwest comer of Eagle Road and State Highway 44 at 435 South Eagle Road. (MLB) Mayor introduces the issue. Butler: The applicant is here to address the Council. Provides an overview of the Master Sign Plan. John Morton, 2880 W. Franklin, Meridian, representing Zamzows, discusses the application and design of the signs. General discussion. Sedlacek moves to approve the modifications on the Primary Health lettering on the wall signs and approval of the monument signs. Seconded by Guerber. Discussion. ALL AYE: MOTION CARRIES ............... 4IO. DR-48-99 - Interpretive Center with Information Kiosk and Three Signs - City of Eagle: 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. The City of Eagle, represented by Doug Russell with The Land Group, is requesting design review approval of an Interpretive Center to include an Information Kiosk and three signs. The site is located on the northwest comer of State Highway 55 and Beacon Light Road. (MLB) Bastian: I want to know if this is part of the beautification package or where does the Kiosk come fi.om? Mayor states that this is from the Scenic By Way Grant. Bastian moves to approve DR-48-99 Interpretive Center with Information Kiosk and Three Signs. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ................... 4IQ. LS-7-99 - Lot Split - Eaele Heiehts Development. Inc.: Eagle Heights Development, Inc., represented by Ted Martinez and Joe Harris, is requesting approval of a lot split for the creation of two lots located on the south side of E. State Street approximately 1,200-feet west of Edgewood Lane at 1275 E. State Street. (MLB) Merrill: This address is where I used to live. I have no conflict of interest and do not know anything about the development. I just wanted to put this on the record. Sedlacek moves to approve LS-7-99 Lot Split - Eagle Heights Development, Inc. Seconded by Guerber. THREE AYES: MERRILL: ABSTAIN: MOTION CARRIES ....................... 4IF. DR-18-97 MOD - Extension of Time for McDonalds's Playland Addition: 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. McDonald's Corporation, represented by Baumgart Construction, is requesting a one year time extension for DR-18-97 MOD - McDonald's Playland Addition. (MLB) Mayor introduces the issue. Buxton: One thing you have to remember in interpreting your code is that you don't want to interpret your Code in such a way that you end up with a ridiculous result. Buxton reads the Code Sections to Council. You have to decide what activity they have undertaken and whether those are either construction or development or both. General discussion. You do not have a Page 6of 11 K:\CO U NCIL\MIN U T ES~Temp0r ary Minutes Work Area\CC-01-11-00min.doc definition of development or construction in your code. Reads the definitions out of the dictionary. The building permit has been picked up, they have undertaken apparently some design and drawings and have spent money. You need to consider a little more liberal view of what development or construction may be in this situation. I would recommend that the Council at least acknowledge that and write them a very strongly worded letter that the construction/development must be more diligently pursued than at the present time. General discussion. David Holm, I spoke with Baumgart Construction, they are just waiting for some nicer weather so they can begin construction. They understand that there has been a delay. It is their intention to construction the Playland as soon as weather permits. Guerber moves to deny DR-18-97 MOD - Extension of Time for McDonalds' Playland Addition and to send a letter to the Contractor indicating clarification of our expectation of what development actual entails and indicate that we would anticipate construction within the next 60 days on the project. Seconded by Merrill. ALL AYE: MOTION CARRIES ..................... Merrill moves to add two items to the Agenda: Under New Business #G. Addition of Street Lights and #H. Resolution 00-01. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ............... Mayor calls a recess at 8:30 p.m. Mayor reconvenes the meeting at 8:40 p.m. II. UNFINISHED BUSINESS: 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) This item was continued from the December 14, 1999 meeting. Mayor introduces the issue. Butler: Discusses the Chart that was created for the proposed changes. General discusses. Council and Butler discuss the Chart, the proposed changes and definitions. Council agrees with all uses under COUNCIL and adds: Clinic - P, Shopping Center - C and Industrial, Research activities - C. Discussion on Exhibit "A". Bastian moves to approve ZOA-3-99 Zoning Ordinance Amendment - Uses in the MU Zone, specifically the chart as amended by Council this evening, and Exhibit A as amended by Council this evening, to be brought back before Council in an ordinance form. Seconded by Merrill. ALL AYE: MOTION CARRIES ............... 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- Page 7of 11 K:\COUNCIL\MINUTES\Temporar~ Minutes Work Area\CC-01-11 ~30min.doc 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) This item was continued from the December 14, 1999 meeting. Mayor introduces the issue. Butler: Applicant submitted a letter that the City Attorney is now reviewing to see if it can be entered into the Public record. Buxton: Applicant's letter is to be outside the public record. Council discussion on the Development Agreement. Council will go through the agreement page by page. Ed Miller, Attorney for the Applicant, discussion on the Development Agreement. We would prefer to use the Development Agreement process. Bill Clark, discusses the 2,000 sq.ft, concept in Nancy's proposal. Don Knickrehm, speaking for Albertson's, discusses single retail use shall exceed 40,000 sq.ft. Continued discussion on the Development Agreement between all parties to the application, City Council, City Attorney and Butler. Discussion on the Merrill Park land exchange. Merrill moves to continue the proposed Development Agreement to the next scheduled Council meeting and to come back with the proposed changes made by the Council. Seconded by Bastian. ALL AYE: MOTION CARRIES ................. Buxton: Referring back to the changes, there doesn't appear to be any material changes that would cause a need for a public heating. All changes appear to be either to make it the same density or same impact or less. Mayor calls a recess at 10:55 p.m. Mayor reconvenes the meeting at 11:05 p.m. C. Bike Path bollards, Eagle Road and the North Fork of the Boise River. Mayor introduces the issue. The City Engineer discussed this in pre-council, he is suggesting to wait for the original installer, Trinity Construction. I will entertain a motion to approve Trinity Construction for the installation of the bollards. So moved by Guerber. Seconded by Merrill. ALL AYE: MOTION CARRIES ............... 5. NEW BUSINESS: A. Oath of Office: Mayor Yzaguirre will administer the oath of office to Nancy Merrill and Stan Bastian. Presentation of Certificates of Election. (RY) Mayor swears in Nancy Merrill and Stan Bastian and presents them with their Certificates of Election. B. Appointment of City Clerk/Treasurer: (RY) Mayor introduces the issue. Merrill moves to appoint Sharon K. Moore as City Clerk/Treasurer. Seconded by Sedlacek. ALL AYE: MOTION CARRIES .................. Mayor swears in Sharon K. Moore as the City Clerk/Treasurer. C. Election of City Council President: (RY) Mayor introduces the issue and recommends that Nancy Merrill remain as the Council President. Page 8of 11 K:\COONClL\MINUTES\Temporary Minutes Work ArealCC-01 -I l-OOmin.doc Bastian moves that Nancy Merrill be elected the Council President. Seconded by Sedlacek. ALL AYE: MOTION CARRIES .................. D. Appointment to Council Liaison positions: (RY) Mayor introduces the issue. Ada Co. Sheriff liaison moves from Bastian to Merrill. APA removed from Guerber's liaison position. Sedlacek liaison position to be Economic Development Committee/Chamber All other liaison positions to remain the same. Bastian moves to accept the Liaison postions as discussed. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ................ E. Appointment of Park and Pathway Development Committee Members: (RY) Mayor introduces the issue. Merrill: I would ask the Council to confirm the appointments recommended by the Mayor. Sedlacek moves to approve the Park and Pathway Development Committee appointments. Seconded by Merrill. ALL AYE: MOTION CARRIES .................... F. AIC Community Health Exams: Mayor introduces the issue. Merrill provides an overview of the Community Health Exam. Council concurs that the City of Eagle does not need the Community Health Exam at this time. G. Addition of Street Lights. Mayor introduces the issue. Merrill moves to approve the funding for the street lights in the Dunyon/Parkinson area and also at the intersection at Ballantyne and State Street. Seconded by Sedlacek. Discussion. ALL AYE: MOTION CARRIES ............... H. RESOLUTION NO. 00-01. Mayor introduces the issue. Buxton: Discusses Resolution No. 00-01. Guerber moves to approve Resolution No. 00-01. Seconded by Merrill. ALL AYE: MOTION CARRIES ............. 6. PUBLIC HEARINGS: A. RZ-6-99- Rezone from R-4 and M-lA to C-3-DA - Sharon Patterson: Sharon Patterson is requesting a rezone from R-4 (Residential) and M-IA (Industrial Park District) to C-3-DA (Highway Business District with a development agreement). The 1-acre site is located on the southeast comer of State Highway 55 and Hill Road at 2809 Hill Road. (MLB) Mayor introduces the issue. Fred Shoemacher, representing the applicant, provides an overview and history for the Council. General discussion. Butler: Displays an overhead of the concept plan and discusses the same. Staff and Planning Page 9of 11 and Zoning have recommended approval. Discussion on the buffering. General discussion. Mayor opens the Public Hearing. Buxton reads Angela Decker's letter into the record. Angela was not able to remain for the hearing because of the length of the meeting. Mayor closes the Public Hearing. Guerber moves to approve RZ-6-99 as proposed with an agreement on the conditional uses. Seconded by Sedlacek. Discussion. Guerber amends his Motion to say approved with the Development Agreement and the additional stipulation that the project be submitted under a Conditional Use Permit. Seconded concurs. ALL AYE: MOTION CARRIES ........... 7. EXECUTIVE SESSION: A. Pending or threatened litigation: I.C. 67-2345(f} Guerber moves to go into Executive Session. Seconded by Sedlacek. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES .................... Threatened litigation discussed in Executive Session. Guerber moves to Direct the Zoning Administrator and the City Attorney to enforce the terms of the Findings of Facts and Conclusions of Law and the Development Agreement in regards to Eagle Market Place. Seconded by Merrill. ALL AYE: MOTION CARRIES ............... Mayor and Council Reports: (con't) Bastian: Discusses the call he received from the Meridian School District. They are concerned about the landscaped island at Eagle Elementary and the cost of taking the run off water from the parking lot and creating a drainage area. Second concern are the trees at the Eagle Academy that have died. The property is going to be sold and they don't want to go to the expense of replacing the trees. Reports on the Library Board meeting. The Friends of the Library are going to have a Valentines Party for the Staff. There is going to be a one year anniversary celebration for the opening of the Library. The Friends of the Library will have a book sale at the same time. The Library will receive some money from the Gates Foundation. The reservations for the meeting room are strong. There was roof leakage that caused a little damage. The Library now has seven full time employees. Sedlacek: Reports on the Eagle Sewer District election. There were only two petitions turned in and only two openings so there won't be an election. Sewer District has signed an Earnest Money Agreement to purchase property with the intention of building a new office on the property by November. The property is the vacant lot on the comer of Palmento and State Street. Merrill discusses the Fire Departments Haunted Woods they held in October. Discussion on the Nut Feed at Eagle Fun Days. 8. ADJOURNMENT: Guerber moves to adjourn. Seconded by Merrill. ALL AYE: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 12:30 p.m. Respectfully submitted: Page 10of 11 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-01-11-OOmin.doc SHARON K. MOORE [ CITY CLERK/TREASURER APPROVED: MAYOR Page llof 11 K:\COUNCIL\MINUTES\Temporary Minutes Work Aree\CC-O1-11-oOmin.doc