Minutes - 2019 - City Council - 04/02/2019 - SpecialEAGLE CITY COUNCIL
Special Meeting Minutes
April 2, 2019
1. CALL TO ORDER: Council President Gold calls the meeting to order at 12:05 p.m.
2. ROLL CALL: BASTIAN, GOLD, PITTMAN, MITCHELL. Bastian is absent.
A quorum is present.
Mayor Ridgeway is present by telephone conference.
3. PLEDGE OF ALLEGIANCE: Council President Gold leads the Pledge of
Allegiance.
4. PUBLIC COMMENT: None
This time is reserved for the public to address their elected officials regarding
concerns or comments they would like to provide to the City Council regarding
subjects not on the agenda. At times, the City Council may seek comments/opinions
regarding specific City matters during this allotted time. This is not the time slot to
give formal testimony on a public hearing matter, or comment on a pending
application or proposal. Out of courtesy for all who wish to speak, the City Council
requests each speaker limit their comments to three (3) minutes.
5. ALL CONSENT AGENDA ITEMS ARE CONSIDERED ACTION ITEMS
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 City Council.
• 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.
A. West Park Change Order No. 1: Approve Change Order No.1 with
HECO Engineering in an amount not to exceed $30,000 to complete the
transportation study and design work associated with the ACHD required
roadway through the site. (NBS)
Pittman moves to approve the Consent Agenda as written. Seconded by Mitchell.
ALL AYES: MOTION CARRIES
Page 1
https://cityofeagle.sharepoint.com/sites/CityCouncilDocuments/Shared Documents/Council Packets/CC-04-09-19/CC-04-02-19spmtngmin.doc
6. PUBLIC HEARINGS: Public hearings will not begin prior to 6:00 p.m.
Public Hearings are legally noticed hearings required by state law. The public
may provide formal testimony regarding the application or issue before the City
Council. This testimony will become part of the hearing record for that
application or matter.
A. "ACTION ITEM" CU -10-05 MOD — Church Building Addition/Modification to
Conditions of Approval — Eagle Church of the Nazarene: Eagle Church of the
Nazarene, represented by Matt Garner with Architecture Northwest, PA, is requesting
conditional use permit modification approval for a church building addition, to remove
the expiration date associated with previously approved conditional use permit
application, and to lease the on-site ball fields to an entity/organization other than the
church. The 21.38 -acre site is located on the south side of West State Street
approximately 210 -feet east of North Riverview Street at 1001 West State Street. (WEV)
Council President Gold introduces the issue.
Councilmember Pittman recuses himself as he is a member of the Nazarene Church.
Mayor Ridgeway recuses himself.
Council President Gold introduces the issue.
Tim Bunn, Nazarene Church, we have submitted a document that we would like to put
into the record. Provides Council an overview of the additions and modifications to the
Conditions of Approval.
General discussion.
Planner Barb Williams displays a power point presentation and provides the Council an
overview of the Addition/Modification of the Conditions of Approval. General
discussion.
Council President Gold opens the Public Hearing
Tim Bunn replies to the Staff Notes that were just presented in regard to the food vendor
retractions.
Brent Deacon, 2248 W. Forest Hills Court, I am a pastor at the church. Discusses their
goals for the church and the City. Discusses the definition of night time.
Caley Aceves, 8970 New Castle Drive, Middleton, I am the current president of the Eagle
Lions Club so I'm here working for the community and have the best interest of residents.
I also come to you as a former West Valley player myself and have three kids that are
currently. These fields have brought so much joy to so many kids that it would be
detrimental to community to limit the hours which limits the game time. It seems like
softball keeps getting pushed, these fields are wonderful for our kids. I feel West Valley
and the church have done everything to benefit everyone. The houses were built after the
church.
Page 2
https://cityofeagle.sharopoint.com/sites/CityCouncilDocuments/Shared Documents/Council Packets/CC-04-09-19/CC-04-02-19spmtngmin.doc
Nancy Merrill, 3268 West Skywood Lane, I am in support of the Nazarene church and
their Conditional Use Permit. This was one of the first churches in the valley that
brought activities to the use. Discusses the hours and the dust issues. I ask for approval.
Julie Talbert, 204 S. Cobblestone Way, what the ballfields bring to these kids and the
community is huge. There is a need for ballfields in the valley. I echo what Mrs. Merrill
just said.
Alei Merrill, 4252 W. Sajuaio Drive, I have children that play softball and baseball. I am
very much in agreement with other parents that have spoken. Discusses the length of the
games. Our programs are incredible, and we need to support them.
Jess Avery, 119 Wildflower Lane, I am the Director of Operations for softball for West
Valley Little League, discusses the time issue, dawn to dusk. 8:00 p.m. time limit is
going to be hard to meet which means we will be in violation. Discusses the dust issues.
Around Eagle this is the only ballfields for girls to pay softball.
Christin Waters, 3350 N. Ballantyne Lane, I don't have boys that play sports, but I do
have children. I am a new Eagle resident and I am here to support West Valley Softball
and the church. Discusses the time limits.
Wayne Swanson, 985 West State Street, I am the one that has brought this issue to a head.
I really don't have that big of a problem of them playing softball. Discusses parking lots
in Eagle needing to be asphalted. We do get a lot of dust. I have done everything I can
for the church, I keep an eye on the church property day and night. I am a good neighbor
but now only a neighbor. This is a money thing for the church budget. Discusses the
vendors.
Council President Gold closes the Public Hearing
Tim Bunn, I want to thank Wayne for being a good neighbor. I just want to make sure
our document was in the records with the time changes.
General Council discussion.
Tim Bunn, we have already put rock down in the parking lot and it will be asphalted
quickly, we are waiting for the permit.
Further discussion.
Mitchell moves that we approve CU -10-05 MOD—Church Building
Addition/Modification to Conditions of Approval— Eagle Church of the Nazarene,
Eagle Church of the Nazarene represented by Matt Garner with Architecture
Northwest, PA, is requesting conditional use permit modification approval for a
church building addition, to remove the expiration date associated with previously
approved conditional use permit application, and to lease the on-site ball fields to an
entity/organization other than the church with the conditions that were set and the
new conditions: #7. That we keep the last sentence adding that non -emergency calls
will be in operation during the ballfield times and #8. ball field #1 be 8:00 a.m. to
dusk and ballfields #2 and #3 from dawn to dusk. Seconded by Gold. General
discussion. Mitchell amends the motion to include: ballfield #1 all days of the week
Page 3
https://cityofeagle.sharepoint.com/sites/CityCouncilDocuments/Shared Documents/Council Packets/CC-04-09-19/CC-04-02-19spmtngmin.doc
8:00 a.m. to dusk and ballfields #2 and #3 all days of the week, dawn to dusk.
Second concurs. ALL AYES: MOTION CARRIES
A1.C71ON ITEM" DR -29-99 MOD2 — Church Building Addition and Parking Lot
Expansion for Eagle Church of the Nazarene — Eagle Church of the Nazarene: Eagle
Church of the Nazarene, represented by Matt Garner with Architecture Northwest, PA. is
requesting design review approval to construct a 2,160 -square foot building addition and
a parking lot expansion for the Eagle Church of the Nazarene. The 21.38 -acre site is
located on the south side of West State Street approximately 210 -feet east of North
Riverview Street at 1001 West State Street. (WEV)
Mitchell moves to approve DR -29-99 MOD2—Church Building Addition and
Parking Lot Expansion for Eagle Church of the Nazarene—Eagle Church of the
Nazarene. Seconded by Gold. ALL AYES: MOTION CARRIFS
7. ADJOURNMENT:
Mitchell moves to adjourn. Seconded by Pittman. Council President Gold are there
any objections to adjournment? Seeing none we are adjourned.
Hearing no further business, the Council meeting adjourned at 1:10 p.m.
Respectfully submitted:
SHARON K. BERGMANN f
CITY CLERK/TREASURER
APPROVED:
MIRANGOLD
COUNCIL. PRESIDENT
OF1j1
•
c°
•
*=
SEAL
J'.,, •moi;r'�';rrk
AN AUDIO RECORDING OF I'HIS MEETING IS AVAILABLE FOR DOWNLOAD
AT WWW.CITYOFEAGLE.ORG.
Page 4
hltps //cnyoteagle sharepoint com/saes/CnyCouncilDocuments/Shared Documents/Councl Packets/CC-04.09.19/CC•04.02-19spmtngmm doc
EAGLE CITY COUNCIL MEETING
AGENDA ITEM #6A
CU -10-05 MOD—Church Building Addition/Modification to Conditions of
Approval—Eagle Church of the Nazarene
April 2, 2019
NAME
PLEASE PRINT
04-k c&A. VV\
oniQ 5-rog
-N,,\NN,Nsu6
J
' l � 1t
�v 12..,x.. S
1`yC.e`J
0,.LkV2Z�
Zo\(\ norg(
'(70,,S / 2 / C
C_kGA\ ifficw
/J/1-7 '/,7/-/zicifii
Liu /11/P !
1i-1 r\ V G er S
L I`, to, G v --
J
ADDRESS
c1► 1 N . Terra..021,1 a }kV2
11)t'Ae \Onvi a\ -e, 1 k
•Gl0)1t, Id m)utLP
c33 (. ()
J {{
.^
V
'1 1.
Q bre ZCrsZ c�
2 c,/ .7 r' , ---
/
P,17 F-Plirtiod
l i 6{),'
'1- . x;1
F c; /4
ILI. 14 10;1. L
TESTIFY
YES/NO
>/-05
No
PRO/ CON
NEUTRAL
iea
cfgE,,, Pr°
we5- Va I.e
Pm'J
e5-1 Val
tru
AO
1f`c\
V'
\-'y lid^St
\i`c=% . J\
f�N'd
;',,/Z• -G•
N'jal,rf
•
C_
Lc)
t
•
AL '•.) '
Nl Lo
EAGLE
NAZARENE
CHURCH
1
Tim Bunn, Ph.D.
Senior Pastor
3rent Deakins
Executive Pastor
Ed Weaver
Tonnections Pastor
Julie Wilhite
:hildren's Pastor
\latt Cochern
diddle School Pastor
Trevor Lubiens
Worship Arts and
Communications
Carly Bartlett
Young Adults
Jerry McConnell
Senior Adults
John Oord
Administrator
Dear Mayor and Eagle City Council,
1001 W. State St.
Eagle. ID 83616
Phone: 208-939-0661
xvw «.eaglenaz.com
Thank you for your time and service in regards to approving a Conditional Use
Permit for Eagle Nazarene Church. We highly value our relationship with the City of
Eagle and how we continually work together for the good of all our residents. We
are thankful for your efforts in cooperation on the recent bike path, and use of our
facilities for many years with AA meetings, Chamber of Commerce, HOA meetings,
MOPS, and a variety of other organizations. We are also thankful over the years for
the 1000's of people who have enjoyed the softball fields with relationship and
association with West Valley Little League.
Our desire is to continue to use our facility in a way that serves the community and
the residents of the City of Eagle well. We think the CUP as written from the Staff
Recommendations attached with some minor changes as noted with red strike
through's meets the conditions for the majority of the City of Eagle residents and
the Churches needs.
We believe that this CUP and proposed east side extension plan will provide greater
access to our building for disabled, elderly and children and will limit dust through
the construction of the new east side parking lot to better serve our constituents
and residents.
Thank you for your consideration as we work together toward a resolution.
God Bless,
Dr. Timothy Bunn
INTER
OFFICE
To:
From:
Subject:
Date:
Attachment(s):
Copy To:
6A
memo for Apr.
CC mtg
City of Eagle
Zoning Administration
Mayor Ridgeway and City Council Members
Barbara A. Williams, Planner II
CU -10-05 MOD - Church Building Addition/Modification to Conditions of
Approval - Eagle Church of the Nazarene, represented by Matt Garner with
Architecture Northwest, PZ
March 28, 2019
Original Staff Memorandum from the February 12, 2019, City Council meeting
(including all attachments)
Original Staff memorandum from March 12, 2019, City Council meeting
11 x 17 reduced site plan, date stamped by the City on March 4, 2019 (showing
100 -foot vender setback)
11 x 17 reduced site plan, date stamped by the City on March 28, 2019 (showing
50 -foot vender setback)
Matt Garner - matt@arcnw.com
PROJECT SUMMARY:
Eagle Church of the Nazarene, represented by Matt Garner with Architecture Northwest, PA, is requesting
conditional use permit modification approval for a church building addition, to remove the expiration date
associated with previously approved conditional use permit application, and to lease the on-site ball fields
to an entity/organization other than the church. The 21.38 -acre site is located on the south side of West
State Street approximately 210 -feet east of North Riverview Street at 1001 West State Street.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 5, 1999, the Eagle City Council approved a conditional use permit application for a building
expansion to the Eagle Church of the Nazarene (CU -06-99). The findings of fact and conclusions of law
were approved on October 26, 1999.
On October 5, 1999, the Eagle City Council approved a design review application for a building expansion
to the Eagle Church of the Nazarene (DR -29-99).
On November 27, 2001, the Eagle City Council approve a design review application for a modification to
the landscaping at the Eagle Church of the Nazarene (DR -29-99 MOD).
On January 11, 2005, the Eagle City Council approved a design review application to modify the existing
monument sign for the Eagle Church of the Nazarene (DR -112-04).
On September 20, 2005, the Eagle City Council approved a conditional use permit application for a
building expansion to the Eagle Nazarene Church of the Nazarene (CU -10-05). The findings of fact and
conclusions of law were approved on October 11, 2005.
P,�ec 1 ioI 4
K `.P,.mnWg I lcpnl Alex ApphaalwnA 1 l I' \4_1) n. VUU ",41/.111.11L 1_P 4 l m. l J..1
On September 20, 2005, the Eagle City Council approved a variance application from the 50 -foot
floodway setback from Dry Creek for the Eagle Church of the Nazarene (V-01-05). The findings of fact
and conclusions of law were approved on October 11, 2005.
On September 20, 2005, the Eagle City Council approved a design review application for a building
addition to the Eagle Church of the Nazarene (DR -62-05).
On March 12, 2013, the City approved a design review application for a building wall sign for the Eagle
Church of the Nazarene (DR -09-13).
On February 12, 2019, the City Council voted 3 to 0 (Pittman recused) to continue the above mentioned
item to the February 26, 2019, City Council meeting and directed staff and legal counsel to draft site
specific conditions of approval for Council consideration that address the concerns received from public
testimony regarding dust abatement in relation to the use of the ball fields, hours of operation, site security,
and placement of vendor vehicles.
On February 26, 2019, the City Council voted 3 to 0 (Pittman recused) to continue the application to the
March 12, 2019, City Council meeting in order to provide staff and the applicant the opportunity to meet
and address the items raised by the Council at their February 12, 2019, City Council meeting.
On March 12, 2019, the City Council voted 3 to 0 (Pittman recused) to remand the application to staff to
schedule a public hearing to incorporate new information that was not included with the original public
hearing.
DISCUSSION:
• As previously discussed in the staff report, the three ball fields located in the southern portion of the
site which are used by entities/organizations other than the church was not previously contemplated
nor approved by the City as part of the approved conditional use permit.
• Request by applicant:
On March 20, 2019, City staff met with the applicant to discuss dust mitigation, ball field hours of use,
and vender location. The following are the applicant's recommended changes to site specific
conditions of approval numbers 7, 8, and 9 and conclusion number 3 provided to the Council for
consideration on March 12, 2019:
7. Applicant shall ensure dust mitigation procedures are undertaken by Applicant, its agents, and third
party users of the ball fields. Dust mitigation shall include applying sufficient amounts of water to
dirt infields to eliminate dust when the field is dragged or similar work is performed that will cause
dust.
Applicant's permission to third parties to use the ball fields shall be in writing, signed by Applicant
and third party. The written permission shall include a requirement placed on the third party to
comply with the dust mitigation requirement of this permit.
The following shall be posted on site near the ball fields, "For use information or concerns about
these fields call 208-939-0661. For emergency situations please call 911."
8. Applicant shall ensure that the ball field hours of operation and months of use are observed by the
Applicant, its agents, and third party users of the ball fields.
The ball fields shall be limited to the following hours:
Light to dark for purposes of safety with athletic events. Use of the ball fields may commence on
March 1s' and shall conclude on November 30th of each year for athletic use.
Page 2 of 4
K.U'lannuig (kpt\l:ag AppticauonACU\21105\CU-111.05 N1()1) `'wannc Church cc meI,doc
Field #1 shall be used in compliance with the following hours:
Monday - Friday - Light to dark
Saturday - 8:30 am to dark
Sunday - 2:00 pm to dark
9. All food venders associated with the Applicant, its agents, and third party users of the facility shall
not be located within 50 -feet of the east property line.
Conclusions of Law:
3. Failure to comply with all provisions and any condition of approval of this conditional use permit
pertaining to the ball field use may result in a compliance hearing in front of the City Council at which
time the Council may add conditions to the permit, modify the existing permit to impact ball field use
for athletic activities.
• Reauest by adjoining neighbor:
On March 28, 2019, City staff talked with the adjacent neighbor, Wayne Swanson, and discuss dust
mitigation, ball field hours of use, and vender location. Mr. Swanson requested the following:
o An on-site contact person in charge at all events.
o Ball field hours:
Monday - Friday - Three days a week 5:00 pm to 8:00 pm
Saturday - 12:00 pm to 4:00 pm
Sunday - The ball fields shall not be used for athletic events
o Any food venders operating on-site shall not be allowed to use generators.
STAFF RECOMMENDATION:
Based on the meeting with the applicant and the conversation with Mr. Swanson, staff recommends the
following changes to site specific conditions of approval numbers 7, 8, and 9 provided to the Council for
consideration on March 12, 2019. Staff recommends the following changes to the draft site specific
conditions of approval and conclusions of law with the text shown with underline to be added by staff and
text shown with strikethrough to be deleted by staff:
7. Applicant shall ensure dust mitigation procedures are undertaken by Applicant, its agents, and third
party users of the ball fields. Dust mitigation includes, t_:: =: ' ~:: 1c, applying sufficient amounts
of water to dirt infields to eliminate dust when the field is dragged or similar work is performed that will
cause dust.
Applicant's permission to third parties to use the ball fields shall be in writing, signed by Applicant and
third party. The written permission shall include a requirement placed on the third party to comply with
the dust mitigation requirement of this permit.
The following shall be posted on site near the ball fields, "For use information or concerns about these
fields call ' - - • . - 208-939-0661. For emergency situations
please call 911." ' _ : _ . _ . . - - .. "-A--
I::l: sz I:c::::::..
Reid
t'aee 3 of 4
A 1'I.nning 1lcpol•agli 1ppL.11,1r U l.11.21HI9l 11 111 4s 111 N 1 `.,.11 n. 1 Aunh „ nu 1 qoi
8. Applicant shall ensure that the ball field hours of operation and months of use are observed by the
Applicant, its agents, and third party users of the ball fields (ball field numbers based on the site plan
date stamped by the City on March 4, 2019).
Ball field #1 shall be limited to the followine hours: for baseball and softball use:
01,:t..:eisay 0:30 am to 3:30 om
\londa - tiaturda�- 8:30am to dark
sundaN- 2pm to dark
The Bball fields #2 and #3 shall be limited to the following hours:
1.3
Use of the ball fields may commence on March 151 and shall conclude on October 3151 of each year.
9. All food venders associated with the Applicant, its agents, and third party users of the facility shall not
be located within 100 -feet of the east property line as depicted on the site plan date stamped by the City
on March 4, 2019, or north of the northeast corner of the church facility.
1.1tht 10 dark for purposes of safeth
%%ith athletic events.
Conclusions of Law:
3. Failure to comply with all provisions and any condition of approval of this conditional use permit
pertaining to the ball field use may result in a compliance hearing in front of the City Council at which
time the Council may add conditions to the permit, modify the existing permit to impact ball field use for
athletic activities ..
Page 4 of 4
1,,l'Iannmg 1 kpl\l.aglc Apphcalu.nALlA21)115\lU 1,1U4 .1(rll `3/JeLnc l hurt h mei dim