Minutes - 2003 - City Council - 02/18/2003 - Special
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ORIGINAL
EAGLE CITY COUNCIL
Special Meeting Minutes
This meeting was held at the
Eagle Senior Center
312 E. State St.
February 18, 2003
1. CALL TO ORDER: Council President Bastian calls the meeting to order at 7:30 p.m.
2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. All present. A
quorum is present.
3. UNFINISHED BUSINESS:
A. 02-S7-CU/O2-40-MSP/O2-33-0TD Lou Jean Lindlev Trust: Ron Thurber is requesting a
one time division, conditional use and master site plan approval to construct a 16,558-square foot
church facility. The 5-acr~ site is located on the west side of Meridian Road approximately 2000-
feet north of Chinden Boulevard. This site is located in the Eagle Area of Impact.
Council President Bastian introduces the issue.
General Council discussion.
Ron Thurber, Architect representing the owner, discusses the findings of the Traffic Report. I
am assuming that you received the ACHD findings. The applicant will comply with the
recommendations from ACHD.
General Council discussion.
Sedlacek moves to recommend approval of 02-S7-CU/O2-40-MSP/O2-33-0TD Lou Jean
Lindley Trust with all of the specific conditions of approval as set forth by the City of Eagle
and ACHD. Seconded by Guerber. ALL AYE: MOTION CARRIES.........................
4. PUBLIC HEARINGS:
A. CPA-3-02/RZ-4-02 - Comprehensive Plan Amendment from Residential Four to Mixed
Use and Rezone from R-4 to MU-DA: Jayo Construction Inc., represented by Doug Jayo, is
proposing a Comprehensive Plan Amendment to change the land use designation on the
Comprehensive Plan Land Use Map from Residential Four (up to four dwelling units per acre) to
Mixed Use, and a rezone from R-4 (Residential- up to four dwelling units per acre) to MU-DA
(Mixed Use with Development Agreement). The site is located on the south side of Floating
Feather Road approximately 250-feet west of Eagle Road, at 135 Floating Feather Road. (WEV)
Council President Bastian introduces the issue.
Nordstrom: In my previous assignment as a P&Z I have previously reviewed this application.
City Attorney: Has anyone on the Council had ex-parte contact in regards to this application?
Council: No ex-parte contact.
Council President Bastian swears in Shawn Nickel.
Shawn Nickel, Land Consultants, representing Jayo Construction, displays an overhead of the
Zoning Map and provides Council an overview of the application. Displays a revised site plan
and discusses the changes. 40% of the site is landscaping. We are trying to keep the buildings
looking like residential and they will be one story. Discusses the Mixed Use District as defined
by City Code. Staff has recommended approval.
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Council President Bastian swears in Mark Butler.
Mark Butler, 52 N. 2nd Stteet, Eagle, displays overheads. If the use gets approved we will
comply with the no net loss provision. Discussion on the Flood Plain. Displays an overhead of
the Comp Plan Land Use Map and discusses the City Comp Plan as it pertains to this application.
General discussion.
Zoning Administrator Vaughan: Displays an overhead of the Zoning Map and provides Council
an overview of the application. The Planning and Zoning Commission recommended denial.
General discussion on flood control and complying with Title 10. Discussion on the
Development Agreement. General discussion.
Council Member Sedlacek: I just remembered that I did have contact on this matter with Marty
Taylor who lives in Downing Downs. This contact did not bias my decision in this matter.
Council President Bastian opens the Public Hearing.
Shawn Nickel: Discusses the flood plain issues. We feel we can meet the City Code in regards
to the flood plain. General discussion.
Council President Bastian closes the Public Hearing.
General Council discussion.
Sedlacek moves to deny CPA-3-02IRZ-4-02 - Comprehensive Plan Amendment from
Residential Four to Mixed Use and Rezone from R-4 to MU-DA with Development
Agreement. Seconded by Nordstrom. THREE A YES: ONE NAY (Bastian): MOTION
CARRIES.... ...... ...... .... ....
B. CPA-4-02lA-3-02IRZ-5-02 - Comprehensive Plan Amendment from Residential Two to
Mixed Use/Annexation and Rezone from RUT to MU-DA (Mixed Use with Development
Ae:reement and Rezone from R-2 to MU-DA (Mixed Use with Development Ae:reement):
B.W. Eagle, Inc., represented by Dan Torfin, is requesting a Comprehensive Plan Amendment to
change the land use designation on the Comprehensive Plan Land Use Map from Residential
Two (up to two dwelling units per acre) to Mixed Use, an annexation and rezone from RUT
(Rural Urban Transitional) to MU-DA (Mixed Use with Development Agreement) and a rezone
from R-2 (Residential-up to two dwelling units per acre) to MU-DA (Mixed Use with
Development Agreement). The site is located on the east side of Eagle Road approximately
WOO-feet north of Chinden Boulevard. The applicant is requesting this item be continued to the
February 28,2003 Council meeting. (WEV)
Council President Bastian: The applicant has requested this item be continued to the February
25, 2003 City Council meeting. I would entertain a Motion to continue this item.
Sedlacek moves to continue CPA-4-02lA-3-02IRZ-5-02 - Comprehensive Plan Amendment
from Residential Two to Mixed Use/Annexation and Rezone from RUT to MU-DA (Mixed
Use with Development Agreement and Rezone from R-2 to MU-DA (Mixed Use with
Development Agreement) to the February 25, 2003 City Council Meeting. Seconded by
Guerber. ALL AYE: MOTION CARRIES....................
C. Ordinance No. 432: An Ordinance Of The City Of Eagle, Idaho, A Municipal Corporation
Of The State Of Idaho, Amending Eagle City Code Title 7, Chapter la, Adopting The 2000
Edition Of The International Building Code, The International Residential Code, Parts I-Iv And
Ix, And The International Energy Conservation Code; Amending Eagle City Code Title 7,
Chapter lb, Adopting The 2000 Edition Of The International Mechanical And Fuel Gas Codes;
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Amending Title 7, Chapter lc, Adopting The 2002 Edition Of The National Electrical Code;
Amending Title 7 Chapter, 1d, Adopting The 2002 Edition Of The International Fire Code;
Providing Exceptions; Providing For Severability; Repealing Conflicting Ordinances And
Providing An Effective Date. Pursuant to Idaho State Code §67-5609, §63-1311A and §67-
8206 a public hearing is required as proposed fees exceed 105% of the amount of the fees last
collect or a decision imposing a new fee may be made. (MM)
Council President Bastian introduces the issue.
Building Official Mongelli: Provides Council an overview of the International Building Code
and the need to adopt this Code. General discussion.
Council President opens the Public Hearing.
Council President Bastian closes the Public Hearing.
Sedlacek 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 #432 be considered after being read once by title only. Sedlacek
reads Ordinance #432 by title only. Seconded by Guerber. ALL AYE: MOTION
CARRIES.................
Sedlacek moves that Ordinance #432 be adopted. Seconded by Guerber. Bastian: AYE;
Sedlacek: AYE; Guerber: AYE: Nordstrom: AYE: ALL AYE: MOTION
CARRIES.. ...... ........ ....
D. Resolution 03-03: A Resolution Of The City Of Eagle, Idaho, Adopting A Fee Schedule
Pursuant To Section 7-1b-3 Of The Eagle City Code, To Provide For The Modification Of
Resolution 98-10 Establishing An Increase From Ten To Thirty Percent Of Building Permit Fee
For Residential Plan Check Fees Referenced In Section 108.2 Of The International Residential
Code And Providing For Effective Date. Pursuant to Idaho State Code §67-5609, §63-1311A
and §67 -8206 a public hearing is required as proposed fees exceed 105% of the amount of the
fees last collect or a decision imposing a new fee may be made.(MM)
Council President Bastian introduces the issue.
Building Official Mongelli: Discusses the proposed increase in plan review fees. General
discussion.
Council President Bastian opens the Public Hearing.
Council President Bastian closes the Public Hearing.
Guerber moves to adopt Resolution 03-03. Seconded by Nordstrom. ALL A YE: MOTION
CARRIES...................
E. Resolution 03-04: A Resolution Adopting A Fee Schedule Pursuant To Section 7-1b-3 Of
The Eagle City Code, To Provide For The Establishment By Resolution Of Fees For Mechanical
Permits Referenced In Section 106.5.2 Of The International Mechanical Code; And Providing
For Effective Date. Pursuant to Idaho State Code §67-5609, §63-1311A and §67-8206 a public
hearing is required as proposed fees exceed 105% of the amount of the fees last collect or a
decision imposing a new fee may be made.(MM)
Council President Bastian introduces the issue.
Building Official Mongelli: Discusses the proposed increase in mechanical permit fees. General
discussion
Council President Bastian opens the Public Hearing.
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Council President Bastian closes the Public Hearing.
Sedlacek moves to adopt Resolution 03-04. Seconded by Nordstrom. ALL A YE: MOTION
CARRIES..............
REPORT:
City Clerk: A joint meeting with ACHD is scheduled for Tuesday, March 4, 2003 at ACHD.
One item that Council has previously expressed interest in discussing is Impact Fees. Does the
Council want to meet and do you have any additional agenda items? Council concurs to schedule
the meeting and add discussion on MOD for road maintenance fees to the agenda.
The Council's joint meeting with Planning and Zoning and Design Review is scheduled for
Monday, March 31, 2003, 6:00 p.m., do you want to plan on this meeting and do you have
agenda items? Council concurs to schedule the meeting if P&Z and DR have issues to discuss
with the Council. Council would like the flags at Eagle River on the agenda and discussion on
east-west connections.
Council Member Guerber is going to be absent from the March 11, 2003 meeting and Council
Member Sedlacek is going to be absent from the April 8, 2003 meeting, is anyone else going to
be absent from these meetings? No other Council Members will be absent from these two
meetings.
Has the Council reviewed the Tree Voucher Program? Council would like to schedule this
matter on the February 25, 2003 agenda.
Discussion on the meeting with the Ada County Commissioners.
Discussion on the Impact Area.
5.
ADJOURNMENT:
Guerber moves to adjourn. Seconded by Nordstrom. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 9:45 p.m.
Respectfully submitted:
~ ~ V- 1q C9tJ-k-
SHARON K. MOORE
CITY CLERKffREASURER
~~~..
ST BASTIAN
COUNCIL PRESIDENT
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