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Minutes - 2000 - City Council - 03/21/2000 - RegularEAGLE CITY COUNCIL March 21, 2000 MINUTES "'GINAL PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m. 1. Dorma Griffin, Ada County Parks and Waterways, will discuss the final concept plan for the Ada County/Eagle Sports Complex. Donna Griffin did not attend the meeting. 2. City Attorney Report: Susan Buxton: Discussion on Merrill Park Exchange. Defer this item to the end of the meeting so I have time to review the documents that were just delivered. Reports on Urban Renewal. Susan's recommendation is to have an Urban Renewal expert attend a City Council meeting for discussion purposes. A draft of the Personnel Manual will be available soon. 3. City Engineer Report: Vern Brewer: Discussion on the foot bridge at the end of 2"d Street. This bridge will cross over the drainage ditch. Discussion on easements. Veto distributes a Task List for Eagle Pedestrian Bridge. General discussion. 4. City Clerk/Treasurer Report: Discussion on the Tropical Snow Shack being in Heritage Park. General discussion. Schedule for April 11th City Council Agenda. 5. Zoning Administrator's Report: No report. 6. Mayor and Council's Report: Guerber: Reports on meeting with Ballantyne people after last council meeting. General discussion. Bastian: Discussed with the Library Board about the City meeting at the Library in the meeting room occasionally or on a regular basis if City Hall would be remodeled. Library Board said their policy only allows to schedule for a month in advance. General discussion. Sedlacek: Reports on the Salary Survey Committee meeting. General discussion. Mayor: Discusses Rebuild Idaho. The first meeting is to be held tomorrow. General discussion. Reports on the Treasure Valley Partnership and the Compass meeting. REGULAR COUNCIL AGENDA: 7:30 p.m. 1. CALL TO ORDER: 2. ROLL CALL: Bastian, Merrill, Sedlacek, Guerber. Merrill 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. Guerber moves to add to the Consent Agenda as 4C. Approval of Beer & Wine License for Brian Erickson, Erickson Fine Wines. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ............... A. Claims Against the City. B. Minutes of March 14, 2000. C. Approval of Beer & Wine License for Brian Erickson, Erickson Fine Wines, located at 3120 East Chinden Blvd. Guerber moves to approve the Consent Agenda. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ................. 5. FINAL PLATS: None 6. UNFINISHED BUSINESS: A. Merrill Park Exchange Agreement (SB) Susan Buxton requests that this item be moved to the end of the meeting so she has time review the documents she received tonight. Mayor introduces the issue. Sedlacek moves to add this item under 8B. Seconded by Bastian. ALL AYE: MOTION CARRIES .............. 7. PUBLIC HEARINGS: A. A-1-00/ZOA-1-00 - New Zoning Designations For Land Planned To Be Annexed and Proposed Zoning Ordinance Amendments (Including, but not limited to amendments to the current zoning Map) - City Of Eagle: The City of Eagle, represented by Mark L. Butler, is proposing: 1. New zoning designations for land the City intends to annex into the Eagle City limits generally as shown on the map on file at Eagle City Hall. Among the proposed zoning designations the City is considering a Development Agreement for a parcel of land located on the south side of State Highway 44, east of Park Lane extended. The property is currently zoned RT (Rural Transitional) in Ada County; the proposed zoning is MU-DA (Mixed use with a Development Agreement) to develop a mixed use project with uses such as production and packaging, cottage style shops, showrooms, offices, cafeterias, trucking access/storage/delivery areas, arboretums, greenhouses, art galleries, tea rooms and conservatories, cottage style living units, bed and breakfast accommodations, amphitheaters, natural open space areas, pedestrian nature pathways, garden areas and other similar uses (a concept plan "Exhibit A" is on file at Eagle City hall). 2. Also, in accordance with the Eagle 2000 Comprehensive Plan, the City of Eagle proposes: to further define industrial uses within the M-i "Light Industrial District" and M-2 "Heavy Industrial District"; to change the "Industrial Park District" designation to a "Business Park" designation; to make zoning designation changes (within the Eagle City limits) to the official zoning map generally as shown on the map reduction included with this notice (a full size map is located at Eagle City Hall); to modify the Schedule of District Use Regulations to change the M-lA zoning designation to BP zoning designation; and to modify the Schedule of Building Height and Lot Area Regulations to change the M-1A zoning designation to BP zoning designation. Mayor introduces the issue. Butler: Discusses what the public can testify to in the Public Heating. Displays overheads in regards to changes in the zoning and discusses the same. Provides a brief history of the proposed annexation and displays overheads of the proposed armexation areas. General discussion. Displays on overhead of Eagle Annexation Comparison on taxes and discusses the same. Discussion on taxation and what the City of Eagle provides. Discussion on the Camille Beckman Development Agreement. Displays an overhead of the concept plan for the Camille Beckman proposal. Mayor opens the Public Hearing. Mayor swears in William Pardew. William Pardew, 2385 E. Floating Feather Road, distributes a letter and reads the same into the record. Mayor swears in Cliff Fivecoat. CliffFivecoat, 10981 Horseshoe Bend Road. At the present time my property is not being annexed. I would urge you to concentrate your efforts downtown. I think all of the people affected by this should be able to vote on annexation. Mayor swears in Dewain Glubay Dewain Glubay, 500 Renee. I would like to thank Mr. Butler on the good job of putting this annexation together. Points out where his property is located on the overhead. Mr. Butler has since pulled me out of the annexation. My property is landlocked. My only access is through private property. This property has been farmed since the 30's and I will continue to farm until the neighboring property is annexed. I think annexation should be by invitation. Mayor swears in Paul Barrutia Paul Barmtia, 10711 Horseshoe Bend Road. Currently I am not being annexed. Points out his property location on the overhead. Identifies three parcels of property that he believes are over 5 acres. Mayor swears in Jerry Molenaar. Jerry Molenaar, 10845 Horseshoe Bend Road. I am one of the parcels of property that is scheduled to be armexed. If you calculate my legal description it would be 5 acres. Points out his property location on the overhead. I pulled the Ada County assessments and this report shows some discrepancies in the acreage on some of the parcels. Mayor swears in Murray Feldman Murray Feldman, 101 S. Capitol Blvd. I am here tonight in behalfofWinCo Foods Company. The parcel of property that WinCo is interested in is already in the City limits. If possible WinCo would like to see their parcel of property that was zoned C2 would remain a C2 designation. WinCo would like to maintain the flexibility so they can pursue their project as planned. General discussion. Jerry Molenaar, I do not want to be annexed and the properties along mine should not be annexed. Mayor swears in Angela Deckers Angela Deckers, 2249 Dickie Circle. Distributes a letter to the Council. I would like to address tonight the Prime Earth parcels of property. I am the President of the Homeowner's Association. The Homeowner's Association opposes the R3 zoning designation. Our neighborhood supports the development of the surrounding area as long as it is the same as the surrounding area. Discusses having a Development Agreement for this property. General discussion. Mayor swears in David Vail David Vail, 7448 Windward, Meridian. I would like to refer you to the petitions that were previously submitted. We are opposed to being annexed. Council should consider filling in space in between before considering annexation of our subdivision. We are in the Southwest comer of your impact area. General discussion. Mayor swears in Ron Strang Ron Strang, 143 Clearview Drive, Meridian. I live in the same area as Mr. Vail and I agree to what he testified. Most of the acreage in our subdivision is 5 acres. I think you should think about filling in some space in between, we are the in the Southwest comer of your area of impact. Mayor swears in Farrell Ferguison. Farrell Ferguison, 10753 Horseshoe Bend Road. I'm in the same are as Mr. Fivecoat and Mr. Molenaar. I didn't buy way out in the country to be brought into the City. I would like to have a vote on whether I'm annexed or not. I've done a lot for the community but I don't want to be in the City. If Boise tries to take me in I will be done here before you. I would rather be in Eagle than the City of Boise. Mayor swears in Chris Korte. Chris Korte, 449 Main Street, Boise, I'm here representing Camille Beckman. You know what we are proposing to do. Displays a concept plan of the project and discusses the same. We have put together the Development and are in support of annexation. General discussion. Mayor closes the Public Hearing. Council discussion on annexation and zoning changes. Guerber moves to annex the identified areas except the Subdivisions in the Southwest corner and the cigar shaped lots on the upper right corner along Horseshoe Bend Road and the Camille Beckman concept is included. Seconded by Bastian. Discussion. Guerber amends the motion to add a MU designation for the WinCo project. Second concurs. Discussion. ALL AYE: MOTION CARRIES .................. Mayor calls a recess at 9:35 p.m. Mayor reconvenes at 9:50 p.m. 8. NEW BUSINESS: A. Ordinance No. 368: Ordinance Of The City Of Eagle, Ada County Idaho, 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; Amending Eagle City Code, Title 8 "Zoning", Chapter 2, "Zoning Districts And Map", Section 1, "Districts Established, Purposes And Restrictions", Section 2, "Official Zoning Map Incorporation By Reference", Section 3, "Schedule Of District Use Regulations", And Section 4, "Schedule Of Building Height And Lot Area Regulations"; And Providing An Effective Date. Mayor introduces the issue. Butler: The Ordinance is ready to approve. If you approve the Ordinance it should be with the conditions that the Exhibit language be changed to refer to the Exhibit numbers on the legals and it should also include a condition that the properties you excluded be excluded from the legal descriptions. This will be done tomorrow. 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 #368 be considered after being read once by title only. Guerber reads Ordinance #368 by title only. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ................. Guerber moves that Ordinance #368 be adopted with exception of Sections identified at the time of the motion for annexation and rezone and with the condition it be modified so the exhibits refer to the exhibit titles on the legals. Seconded by Sedlacek. Bastian: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES ................. B. Merrill Park Exchanee Aereement Mayor introduces the issue. Buxton: I have reviewed the documents. My concern is there are estimated closing costs and I don't know how the Title Company figured the costs. The closing statements are not detailed enough for me to figure out who is paying what and I need to find out from the Title Company before the documents are signed by the City. General discussion on the land exchange. Guerber moves to approve the Merrill Park Agreement with the stipulation that it be review by the City Attorney and that the City Attorney provide the final approval for the Mayor to sign on behalf of the City. Seconded Bastian. Bastian: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES ................ Zoning Administrator Report: Discussion on House Bill No. 749. I'm going to testify against this Bill tomorrow. General discussion. 9. EXECUTIVE SESSION: A. Personnel Matters - I.C. 67-2345 Bastian moves to go into Executive Session for discussion of Personnel Matters. Seconded by Sedlacek. Bastian: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES .................. Council discussion on personnel matters. Discussion on Salary Survey and special Council meeting on April 4~ for presentation from IEC Group. Sedlacek moves to have a Special City Council meeting on April 4, 2000, at 5:00 p.m., an Executive Session on Personnel Issues. Seconded by Guerber. ALL AYE: MOTION CARRIES ............... 10. ADJOURNMENT: Bastian moves to adjourn. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ..................... Hearing no further business, the Council meeting adjourned at 11:00 p.m.