Minutes - 2003 - City Council - 06/24/2003 - Regular
v
EAGLE CITY COUNCIL
Minutes
'June 24, 2003
REGULAR COUNCIL AGENDA: 5:00 p.m.
1. CALL TO ORDER: Mayor Merrill calls the meeting to order at 5:30 p.m.
2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. Bastian absent. A
quorum is present.
3. BUDGET DISCUSSION: [5:00 p.m. - 7:15 p.m.]
A. Discussion of budeet proposals for fiscal year 2003 - 2004.
Topics of Discussion: Council addresses and discusses the items on the list.
Council Member Bastian arrives at the meeting.
Building Official Mongelli: Reports on building permits. 329 building permits were issued last
year. This year we have brought in over $500,000 in building permits and plan review fees. To
date we have issued 434 building permits. General discussion.
Further discussion on the items on the Topic of Discussion.
Mayor calls a recess at 7:05 p.m.
Mayor reconvenes the meeting at 7:25 p.m.
4. Discussion with .Ian Hartje reeardint! land use.
Mayor introduces the issue.
J an Hartje addresses the Council on her concerns about land use and the development along
Eagle Road. General discussion.
5. PLEDGE OF ALLEGIANCE:
6. 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.
. All design review applications will be appealed by the Zoning Administrator to the
City Council for their review and approval.
A. Claims Against the City.
B. Minutes of June 10, 2003.
C. Resolution 03-09: Deed of Greenbelt Conservation Easement: (SEB)
Guerber moves to approve the Consent Agenda. Seconded by Sedlacek. Bastian: AYE;
Sedlacek: AYE; Guerber: AYE; Nordstrom: ALL AYE: MOTION CARRIES..............
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7. PROCLAMATIONS & RESOLUTIONS: None
8. FINAL PLATS:
A. FPUD-3-03 & FP-4-03 - Final Development Plan and Final Plat for Two Rivers
Subdivision No.7 - T. R. Companv LLC: T. R. Company LLC, represented by Dan Torfin, is
requesting final development plan and final plat approval for Two Rivers Subdivision No.7, a
16-lot (4-buildable, 12-common) residential subdivision. This 12.95-acre phase of Quarter Circle
Ranch PUD is located on the west side of Eagle Road approximately 1600-feet south of State
Highway 44. (WEV)
Mayor introduces the issue.
Dan Torfin, representing the applicant, displays a site plan and provides Council an overview of
the final development plan and final plat. General discussion.
Zoning Administrator Vaughan: Displays an overhead of the site plan and provides Council an
overview of the final development plan and final plat. General discussion.
Dan Torfin, representing applicant, discusses the flood way and flood plain.
General Council discussion.
Bastian moves to approve FPUD-3-03 & FP-4-03 - Final Development Plan and Final Plat
for Two Rivers Subdivision No.7 and adding the following Site Specific Conditions of
approval: 1. Amend Site Specific Condition #16 to read: 1st line after the subdivision, add
"5' wide gravel pathway constructed so the locations are well defined"; Add #33. The
CC&R's shall contain provisions for keeping the 5' pathway/adventure trail pathway clear
from all branches and vegetation growth; #34. Add a note to the plat identifying the 5' wide
adventure trail within the gas line easement and within common lot 4; #35. Add signage to
the road, the pathway and parking to indicate those features. Seconded by Nordstrom.
Discussion. THREE A YES: ONE NAY: MOTION CARRIES....................
B. FPUD-6-03 & FP-8-03 - Final Development Plan and Final Plat for Alderwood Villal!e
Subdivision - Steve Roth: Steve Roth, represented by Jane Suggs, is requesting final
development plan and final plat approval for Alderwood Village Subdivision, a 37-10t (31-
residential, 6-common) subdivision. This 7.6-acre (approximate) development is located on the
south side of West State Street approximately 1/2 mile west of Eagle Road, at 825 West State
Street. (WEV)
Mayor introduces the issue.
Jane Suggs, representing the applicant, displays an overhead of the site plat and provides Council
an overview of the project.
Zoning Administrator Vaughan: Planning staff has reviewed the application and is
recommending approval. The Building Official will be reviewing the architecture of the homes.
General discussion.
Sedlacek moves to approve FPUD-6-03 & FP-8-03 - Final Development Plan and Final Plat
for Alderwood Village Subdivision with all the Site Specific Conditions of Approval and the
Standard Conditions of Approval. Seconded by Guerber. Discussion. ALL AYE:
MOTION CARRIES...............
Guerber moves to amend the agenda: Items #9A, B & C will be heard before Item #11. New
Business. Item #9D will be heard before the Public Hearings. Seconded by Sedlacek. ALL
AYE: MOTION CARRIES..................
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9. UNFINISHED BUSINESS:
9A. City Forester: Prioritization of job duties. This item was continued from the May 28, 2003
meeting
Moved to end of Agenda by Motion
9B. Action on contract with Classic Desien Studio to desien. manufacture and install
community park sienaee.
Moved to end of Agenda by Motion
9C. Discussion reeardine hirine a consultant to conduct a public opinion poll for a new city
hall facility. This item was continued from the June 10, 2003 meeting. (NM)
Moved to end of Agenda by Motion
D. Review of proposal submitted by .Jim Birdsall for consultant services to assist the city in
acquirine additional fundine for park development.
Mayor introduces the issue.
Jim Birdsall: Provides Council an overview of his proposal for consultant services. General
discussion.
Bastian moves to direct the City Attorney to meet with Jim Birdsall and bring a contract
back to the Council at the July 8,2003 City Council meeting. Seconded by Guerber. ALL
AYE: MOTION CARRIES.......................
Mayor calls a recess at 9:05 p.rn.
Mayor reconvenes at 9: 15 p.m.
10. PUBLIC HEARINGS:
A. ZOA-4-03 - Proposed chanees to Title 8. "Zonine". "Home Occupation" - Shawn Nord:
Ordinance Of The City Of Eagle, Ada County Idaho Amending Eagle City Code Title 8
"Zoning", Chapter 2 "Zoning Districts And Maps", Section 3 "Schedule Of District Use
Regulations"; Amending Eagle City Code Title 8 "Zoning", Chapter 3 'Performance Standards",
Section 5 "Unique Land Uses", Subsection L "Home Occupation"; Providing A Severability
Clause; And Providing An Effective Date. (WEV) This item was continued from the June 10,
2003 meeting. The applicant has withdrawn this application.
Mayor introduces the issue.
Zoning Administrator Vaughan: The applicant has withdrawn this application and the Public
Hearing will be cancelled.
Bastian moves to table the Public Hearing on ZOA-4-03 - Proposed changes to Title 8,
"Zoning", "Home Occupation" - Shawn Nord. Seconded by Guerber. ALL AYE:
M OTI 0 N CARRIES...............
B. RZ-95-MOD2 - Development Aereement Modification - Instrument Nos. 95062665 &
101131820 - Eaele Country Plaza/Eaele Market Place - Hawkins Companies: Hawkins
Companies, represented by Brian Huffaker, is requesting a modification to the development
agreement approved by the City in 1995 (developed as Eagle Country Plaza Shopping Center-
Eagle Market Place) to erect a monument sign to be shared with the City of Eagle, and to allow
the placement of one directional sign at each of the two entrances into the shopping center. The
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7.5-acre site is located on the northeast corner of Chin den Boulevard and Eagle Road at 3210
East Chinden Boulevard. (WEV)
Mayor introduces the issue.
Brian Huffaker, representing the applicant, provides Council an overview of the request for the
modification to the development agreement to add Walgreen to the development. Discussion on
the recommended conditions.
Zoning Administrator Vaughan: Displays overheads of the site plan and provides Council an
overview of the application. General discussion.
Mayor opens the Public Hearing
Mayor swears in Barbara Thomas.
Barbara Thomas, I am representing my business, Eagle Early Learning Center, which is in the
City Market. We don't like to see an empty building. It has been difficult not have a business in
that building. I am concerned about the size of the sign and the type of signage. It is very hard
when you have a small sign. General discussion.
Mayor swears in Colby Hawker.
Colby Hawker, Hawker Companies, I am working in association with Walgreens. This entire
market place is a small retail development center that was planned for two anchor tenants. The
small tenants need the anchor tenants to draw the traffic into the development. We have an
excellent opportunity to bring a large national retailer into the development. Discusses the
signage. The monument sign fits into the existing sign code. General discussion.
Mayor swears in Jim Liley,
Jim Liley, 3410 E. Chinden Blvd., provides some history to the development of the site.
Mayor closes the Public Hearing
General Council discussion.
Bastian moves to approve RZ-95-MOD2 - Development Agreement Modification - Instrument
Nos. 95062665 & 101131820 - Eagle Country PlazaJEagle Market Place and strike in Section
3.2.3.1 the sentence that reads: the City reserves the option to prevent or disallow the new tenant
from using the sign space. Seconded by Nordstrom. Discussion. Bastian amends the motion to
include: 3.2.3.2 the recommended size and location of the signs should be determined by Design
Review. Further discussion.
Bastian withdraws the Motion. Second concurs.
Guerber moves to separate consideration on this item to allow application for signage on
this location to go back to Design Review as outlined tonight and that staff be ordered to
provide modifications to the Development Agreement to speak to the direction provided
tonight and allow us through the continuation of this public hearing to look at those in two
weeks and make a decision on those modifications. Seconded by Nordstrom. Discussion.
ALL AYE: MOTION CARRIES..............
C. CPA-4-02/A-3-02/RZ-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
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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
lOOO-feet north of Chinden Boulevard. (WEV) The public hearing remains open for written
testimony only. Must be received by 5 working days prior to meeting.
Mayor introduces the issue.
City Attorney Buxton: This is the continuation of the Development Agreement. I have been
provided additional changes to the Development Agreement from Mr. Bradbury tonight.
Sedlacek moves to continue this Development to the July 8, 2003 City Council meeting.
Seconded by Guerber. Discussion. ONE AYE: THREE NAYS: MOTION DOES NOT
CARRY
City Attorney Buxton: Discusses the changes to the Development Agreement. General
discussion.
Steve Bradbury, representing the applicant, discusses the City ownership of the sidewalks and
pathways that are to be open to the public. General discussion.
City Attorney Buxton: Continues the discussion on the changes. General discussion.
Steve Bradbury: Discussion on the meaning of "substantial development". General discussion.
Bastian moves to table this item to the July 8, 2003 meeting for further discussion and
conclusion. Seconded by Sedlacek. ALL AYE: MOTION CARRIES.................
9A. City Forester: Prioritization of job duties. This item was continued from the May
28, 2003 meeting
Mayor introduces the issue.
Zoning Administrator Vaughn: Discusses the Prioritization of Job Duties.
General Council discussion on the job duties.
9B. Action on contract with Classic Desien Studio to desien. manufacture and install
community Dark sienaee.
Mayor introduces the issue.
Guerber moves to approve the Classic Design Studio's Option B. Seconded by Nordstrom.
ALL AYE: MOTION CARRIES.......................
9c. Discussion re!!ardin!! hirin!! a consultant to conduct a public opinion poll for a new city hall
facility. This item was continued from the June 10, 2003 meeting. (NM)
Mayor introduces the issue.
General Council discussion.
Guerber moves to ask Mr. Smith to provide us an outline of how he would proceed and
what his estimated costs are on conducting a public opinion poll. Seconded Nordstrom.
Discussion. ALL AYE: MOTION CARRIES...........................
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11. NEW BUSINESS:
A. AI-2-03 - Administrative interpretation ree:ardine: the placement of accessory
structures within the front yard area on sites located within the A (Ae:ricultural) and A-R
(Ae:ricultural-Residential) zonine: districts. (WEV)
Mayor introduces the issue.
Zoning Administrator Vaughan: Discusses the administrative interpretation regarding the
placement of accessory structures. General discussion.
The Zoning Administrator and City Attorney will work on some language and bring this back to
the Council.
12. EXECUTIVE SESSION:
A. Pendine: litie:ation. lC. § 67-2345(F)
B. Property acquisition: lc. § 67-2345 (C)
Bastian moves to go into Executive Session for the discussion of Pending Litigation and
Property Acquisition. Seconded by Nordstrom. Bastian: AYE; Sedlacek: AYE; Guerber:
AYE; Nordstrom: AYE: ALL AYE: MOTION CARRIES......................
Council discusses pending litigation and property acquisition.
Council leaves Executive Session at II :50 p.m.
Bastian moves to approve the settlement agreement as presented tonight in regards to the
City of Eagle of Olson and direct the City Attorney to draft the appropriate documents and
authorize the Mayor to sign the documents. Seconded by Sedlacek. Discussion. Bastian:
A YE; Sedlacek: AYE; Guerber: NAY; Nordstrom: AYE: THREE A YES; ONE NAY:
MOTION CARRIES.............
Reports:
Zoning Administrator Vaughan:
City Attorney reports on amending the Joint Powers Agreement with Sheriffs Office. This will
be on the July 8, 2003 City Council meeting. General discussion.
Provides an overview of the Code Enforcement Officer's progress to date. General discussion.
Reports on DeShazo's progress on Eagle Road and Horseshoe Bend Road.
Discussion on Jackson Square.
Discussion on Piccadilly.
Discussion on Idaho Power lines.
City Clerk: Discussion on the joint meeting with Planning and Zoning on June 30lh. P&Z do not
have any agenda items. Council concurs to not have the joint meeting and schedule a Budget
Workshop on June 30, 2003 at 5:30 p.m.
Discussion on filling the vacancies on P&Z and Design Review.
Discussion on the impact area meeting.
13. ADJOURNMENT:
Nordstrom moves to adjourn. Seconded by Bastian. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 12: 10 p.m.
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Respectfully submitted:
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SHARÒN K. MOORE
CITY CLERKfI'REASURER
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