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Minutes - 2008 - City Council - 06/24/2008 - Regular v EAGLE CITY COUNCIL Minutes June 24, 2008 PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m. 1. Recognition of the two boys who found money and turned it in to the Eagle Police Department. Daniel Deppe and Nick Pica were introduced by Chief Hippe. The two boys found property of substantial value in the Eagle area and turned it in to the Eagle Police Department. Chief Hippe expressed thanks from the Eagle Police Department and told the boys how proud they were of them. Mayor Bandy also extended his thanks and appreciation on behalf of the City of Eagle and presented certificates to the boys. 2. Monthly Report by City of Eagle Police and budget proposal for fiscal year 2008/2009. Chief Hippe. Chief Brian Hippe presented the proposed budget and five year plan to the Mayor and Council. He reported that the City of Eagle has the lowest crime rate in the area. Within the proposed budget Chief Hippe has included a request for a new position of an administrative sergeant. This would improve the span of control in the department. Dr. Amy Aaron, Ada County Sheriff's Office, addressed the Council. She is part of the Planning and Research Unit at the SO and has helped develop the presented five year plan. Based on the 5-year plan, it is projected that the PD will need one new administrative sergeant this year, by 2013 they will need three additional patrol deputies, 1 additional detective, 1 STEP deputy, and new facilities. They are presently looking at joint facility planning. Chief Hippe concluded his presentation with the actual proposed budget amounts. The Mayor and Council expressed their appreciation for the department and the fine job they do. 3. Presentation from Eagle Chamber of Commerce regarding the Food & Wine Festival. Teri Bath, Eagle Chamber, addressed the council. She presented the press release for the event to the Mayor and Council for the 2nd annual food and wine festival. Teri offered details of the festival which will be held in August in Merrill Park. The Gala will be held inside this year at Spur Wing. 4. Mayor and Council's Report: Guerber - no report Shoushtarian - no report Huffaker - he has been told that the children's programs at the library are so busy that some are not able to participate. He asked if they are going to expand the programs to accommodate that. Do we need to consider space or staffing? During the Fun Days activities he noticed that many of the events were well attended and ran very well. The Fun Run, however, needs some assistance. Guerber will mention it at the review meeting. Semanko - absent 5. City Engineer Report: No report 6. City Clerk/Treasurer Report: No report 7. Zoning Administrator's Report: No report 8. City Attorney Report: No report 9. Public Works Report: No report REGULAR COUNCIL AGENDA: 7:30 p.m. \. CALL TO ORDER: Mayor Bandy calls the meeting to order at 7:30 p.m. Page I K:ICOUNCILIMINUTESITemporary Minutes Work AreaICC-06-24-08min.doc 2. ROLL CALL: GUERBER, HUFFAKER, SHOUSHTARIAN, SEMANKO. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Chad Longson leads the Pledge of Allegiance. 4. PUBLIC COMMENT: None Guerber moves to add an item to the agenda. Item 6E, a discussion regarding the Eagle Informer's proposal and the related legal opinion. The motion is seconded by Huffaker. ALL A YES. MOTION CARRIES. 5. 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. Claims Aeainst the City. B. DR-22-08 - Master Sien Plan for a Multi-tenant Office/Personal Improvement Buildine - Gordon and Meredith St. Clair: Gordon and Meredith St. Clair, represented by Scott Clark with ABC Drafting and Design Services, are requesting design review approval of a master sign plan for a multi- tenant office/personal improvement building. The 0.2 I -acre site is located on the north side of East State Street approximately 200-feet east of Academy Avenue at 1334 East State Street. (WEV) C. DR-30-07 MOD - Modification of Two Multi-tenant RetaillRestaurant/Office Buildines within Lonesome Dove Subdivision - Lonesome Dove. LLC: Lonesome Dove, LLC, is requesting design review approval to modify the architectural design of two previously approved multi- tenant retail/restaurant/office buildings within Lonesome Dove Subdivision. The site is located on the southwest corner of East Riverside Drive and Edgewood Lane at 1505 East Riverside Drive. (WEV) D. Findines of Fact and Conclusions of Law for RZ-03-08 - Rezone from R-4 to CBD-DA - Olde Park Properties. LLC: Olde Park Properties, LLC, represented by Justin Woolston, is requesting approval of a rezone from R-4 (Residential up to four dwelling units per acre) to CBD-DA (Central Business District with a development agreement). The .63-acre site is located on Olde Park Place approximately ISO-feet south of West State Street at 67 and 87 Olde Park Place. (WEV) E. Findines of Fact and Conclusions of Law for CU-02-08 - Conditional Use Permit for a Heieht Exception - Olde Park Properties. LLC: Olde Park Properties, LLC, represented by Justin Woolston, is requesting conditional use approval for a height exception of 57-feet for a three story multi-tenant residential/retail building. The .63-acre site is located on west side of Olde Park Place approximately ISO-feet south of West State Street at 67 and 87 Olde Park Place. (WEV) Page 2 K:ICOUNCILIMINUTESITemporary Minutes Work AreaICC-06-24-08min.doc F. Findine:s of Fact and Conclusions of Law for RZ-05-08 - Rezone from R-4 to CBD-DA - Jason and Melissa Brodt: Jason and Melissa Brodt are requesting approval of a rezone from R-4 (Residential - up to four dwelling units per acre) to CBD-DA (Central Business District with a development agreement) to facilitate the development of a commercial use on the site. The .15-acre site is located on the west side of Eagle Road approximately 550-feet south of State Street at 179 South Eagle Road. (WEV) G. Findine:s of Fact and Conclusions of Law for RZ-02-08 - Rezone from R-4 to CBD-DA - Jason and Victoria Ritchie: Jason and Victoria Ritchie are requesting approval of a rezone from R-4 (Residential up to four dwelling units per acre) to CBD-DA (Central Business District with a development agreement) to allow for a future retail commercial use. The 0.28-acre site is located on the west side of Eagle Road approximately 800-feet south of State Street at 221 South Eagle Road. (WEV) H. Preliminary Plat Extension of Time for Alderwood No.3 Planned Unit Development - Wayne Swanson: Wayne Swanson is requesting a one (1) year extension oftime for the preliminary plat approval for Alderwood No.3 Planned Unit Development, a I2-lot (II-buildable, I-common) planned residential development. The 2.75-acre site is located on the south side of East State Street at 985 West State Street approximately 450-feet west of South Grandean Way. (WEV) I. Re-appointment to the Desie:n Review Board: Mayor Bandy is requesting Council confirmation of the re-appointment of Trent Koci (who was originally appointed to fulfill the remainder of a vacated term). Mr. Koci would be fulfilling a four year term. (PB) Huffaker removes Item #5C from the consent agenda. Shoushtarian removes Item #5E from the consent agenda. Guerber moves to approve the Amended Consent Agenda. Seconded by Huffaker. Guerber: AYE; Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: ALL A YES: MOTION CARRIES.............. Sc. DR-30-07 MOD - Modification of Two Multi-tenant RetailfRestaurant/Office Buildine:s within Lonesome Dove Subdivision - Lonesome Dove, LLC: Huffaker asks for clarification on the request. It appears that the request came in for just two commercial buildings but the drawings indicate a number of buildings. His second question was in reference to the one Design Review member who opposed the design and what his concerns were. Ted Vanegas, Planner, addressed the questions. Ted explained that the application was expedited due to timings of the meetings and everyone liked the way it was drawn up, still within the DR standards but different from the norm. The descending vote worried about setting precedent with the different fayade on the buildings. The prior application, with just two buildings, had duplicate fayades. The rendition shown is to indicate the project as a whole when it is completed. The entire project has not been thru Design Review at this time. Guerber says this rendering is closer to what the original thoughts for Eagle were - creating an old town feel and look. Bill Vaughan, Planner, clarified that although the application was expedited, it still went thru the complete process. Cord Christenson, Lonesome Dove, River District, addressed the issue. The craftsman style they are using is based on types of materials as they are used artistically. They wanted to do something different from the other developments but still work within the guidelines of the city. Page) K:ICQUNCIL\MINUTESITemporary Minutes Work AreaICC-06-24-08mindoc They have an opportunity to relocate a significant business from downtown Boise to Eagle at this development thus their request to move the process along as quickly as possible. General discussion. Huffaker moves to approve Consent Agenda Item 5C, DR-30-07 MOD - Modification of Two Multi-tenant Retail/Restaurant/Office Buildings within Lonesome Dove Subdivision - Lonesome Dove, LLC, to allow the developer to have the design they originally presented to the Design Review Board and to not require them to modify it unless they feel, in looking at it themselves, they could do something better and it is approved by staff and Design Review. The motion is seconded by Shoushtarian. ALL A YES. MOTION CARRIES. 5E. Findines of Fact and Conclusions of Law for CU-02-08 - Conditional Use Permit for a Heieht Exception - Olde Park Properties, LLC. Shoushtarian requested that this item be removed from the consent agenda to reiterate for the record that he voted nay on the application (as reflected in the findings). Semanko moves to approve Consent Agenda Item 5E, Findings of Fact and Conclusions of Law for CU-02-08 - Conditional Use Permit for a Height Exception - Olde Park Properties, LLC. The motion is seconded by Huffaker. THREE A YES; ONE NAY - Shoushtarian. MOTION CARRIES. Discussion on clarification of the nay vote. 6. UNFINISHED BUSINESS: A. Ordinance No. 602 - Prohibitine uncovered loads: An Ordinance For The City Of Eagle, Idaho Chapter 5, Police Regulations, Adding Chapter 11, Prohibition Of Uncovered Loads, Exceptions, Establishing A Penalty And Providing An Effective Date. (PB) This item was continued from the June 17, 2008 meeting. Mayor introduces the issue. Legal Counsel Buxton addressed this issue. Research indicated a question over jurisdiction and enforcement. Recommendation is to table the ordinance until such time as other larger agencies have made a decision regarding it. Semanko moves to remand Ordinance No. 602 to the Treasure Valley Partnership until such time that they provide a legal analysis and justification for the ordinance. The Mayor can raise those issues at the table. The motion is seconded by Guerber. ALL A YES. MOTION CARRIES. B. DR-19-08 - Multi-tenant Office/Retail and Apartment Buildine - Yesterday Properties, LLC: Yesterday Properties, LLC, represented by Shawn Nickel, is requesting design review approval to construct a 2,503-square foot multi-tenant office/retail and apartment building (1 ,057-square feet first floor and 1,446-square feet second floor). The O.I68-acre site is located on the east side of North 2nd Street approximately ISO-feet north of East State Street. (WEV) This item was continued from the June 17, 2008 meeting. Mayor introduces the issue. Bill Vaughan, Planner, stated that Mr. Nickel has requested this item be moved to the end of the agenda or to the next meeting as he is committed to another meeting tonight also. Shoushtarian said that he had pulled this item from an earlier consent agenda for further discussion. He assumed the council wanted to review the resolution 07-19A following previous discussion as it is being referred to with this request. Semanko moves to place agenda item 6B at the end of the agenda. The motion is seconded by Shoushtarian. ALL A YES. MOTION CARRIES. C. Discussion of increase of operatine costs for Allied Waste Services due to increase of fuel prices: Page 4 K:\COUNCILIMINUTES\Temporary Minules Work Area\CC-06-24-08min.doc Mayor introduces the issue. Guerber suggested we schedule for the appropriate public hearings as soon as we can. Guerber moves to have staff provide appropriate advertising for public hearing and get it on a schedule as soon as possible. The motion is seconded by Shoushtarian. ALL A YES. MOTION CARRIES. D. Consideration of payment to Blue Print for Good Growth. Mayor introduces the issue. This was a commitment of the previous administration for the first phase of the project. The City has been involved with Blue Print for Good Growth from the beginning. During Phase II we agreed to sit in, as requested, but did not agree to pay $20,000 unless every community committed to the project. Nichoel Baird-Spencer, Planner, addressed the council and explained the work and the time that City Staff has provided for the project. She reviewed the history of the plan to where it is today. General discussion. Semanko moves to deny payment to Blue Print For Good Growth. Huffaker seconds for discussion. General discussion. Semanko modifies his motion to deny to include a letter from the Mayor indicating our contributions, our involvement and the cooperation we've had. Huffaker concurs and seconds. THREE A YES, ONE NAY - Shoushtarian, feels we should participate and also try to mediate what is a fair price. Five minute recess. E. Addition to the aeenda, Eaele Informer. Council Liaison's discussion with the Communications Task Force and their desire to have a survey placed in the Eagle Informer and the City paying the postage and a legal analysis of doing so. Shoushtarian stated that the CTF had decided to conduct the survey through different means. Legal Counsel provided a legal analysis for the city paying the postage for the Eagle Informer for this purpose. In consideration of the bid statue, the conclusion is that the safest way to do this would be to put out an RFQ for the specific purpose and provide a budget for it. General discussion regarding the desire to see this as a budget item and recommendations from the CTF for specific items. Robert, Eagle Informer, addressed the Council to discuss the funding of the magazine and its general dissemination throughout the community. Huffaker moves to wait for a recommendation from the Communication Task Force and at that time consider this and anything we would do for city communications as a budget item. The motion is seconded by Guerber. ALL A YES. MOTION CARRIES. 7. NEW BUSINESS: A. Ordinance No. 603 - Drvcreek Estates: An Ordinance Changing The Zoning Classification Of The Real Property Described Herein From A-R (Agricultural- Residential) Classification To R-E-Da (Residential-Estates With A Development Agreement) Zoning Classification; Amending The Zoning Map Of The City Of Eagle To Reflect Said Change; And Providing An Effective Date. (WEV) Mayor introduces the issue. Huffaker 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 #603 be considered after being read once by title only. Huffaker reads Ordinance #603 by title only. Seconded by Guerber. ALL A YES. MOTION CARRIES. Page 5 K:\COUNCILIMINUTES\Temporary Minutes Work Area\CC-06-24-08min.doc Huffaker moves that Ordinance #603 be adopted. Seconded by Shoushtarian. Guerber - AYE; Huffaker - AYE; Shoushtarian - AYE; Semanko - AYE. ALL A YES. MOTION CARRIES. B. Ordinance No. 606 - Vil?:ne d' Aquila: An Ordinance 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; Changing The Zoning Classification Of Said Real Property Described Herein From Rut (Rural Urban Transition) To R-E-Da (Residential - Estates With A Development Agreement); Amending The Zoning Map Of The City Of Eagle To Reflect Said Change; Directing That Copies Of This Ordinance Be Filed As Provided By Law; And Providing An Effective Date. (WEV) Mayor introduces the issue. Huffaker 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 #606 be considered after being read once by title only. Huffaker reads Ordinance #606 by title only. Seconded by Semanko. ALL A YES. MOTION CARRIES. Huffaker moves that Ordinance #606 be adopted. Seconded by Semanko. Guerber - AYE; Huffaker - AYE; Shoushtarian - AYE; Semanko - AYE. ALL A YES. MOTION CARRIES. C. Ordinance No. 607 - Millpark Villal?:e: An Ordinance Changing The Zoning Classification Of The Real Property Described Herein From A-R (Agricultural-Residential) Classification To Mu-Da (Mixed Use With A Development Agreement); Amending The Zoning Map Of The City Of Eagle To Reflect Said Change; And Providing An Effective Date. (WEV) Mayor introduces the issue. 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 #607 be considered after being read once by title only. Guerber reads Ordinance #607 by title only. Seconded by Huffaker. ALL A YES. MOTION CARRIES. Guerber moves that Ordinance #607 be adopted. Seconded by Huffaker. Guerber - AYE; Huffaker - AYE; Shoushtarian - AYE; Semanko - AYE. ALL A YES. MOTION CARRIES. 8. PUBLIC HEARINGS: A. RZ-OI-07 MOD - Rezone Development Al?:reement Modification - Dwayne Linl?:el (Adonai Subdivision): Dwayne Lingel, represented by Van Elg with the Land Group, Inc., is requesting a modification to the development agreement Conditions of Development 3.5, 3.6, 3.7 and 3.8 to remove language that encourages the applicant to form ajoint water association and a joint homeowners association with the adjacent developments to the west (Lockey Estates Subdivision and Tabasco Trail Subdivision). The 5.70-acre site is located on the east side of Park Lane Road approximately 1,200- feet south of Beacon Light Road at 2440 North Park Lane. (WEV) Mayor introduces the issue. Van Elg, Land Group, 462 East Shore, Suite 100, Eagle. The applicant makes a presentation to the Council reviewing specific parts of the request. Joanne Butler, representing the applicant, suggests additional modifications to represent the modern day circumstances. Discussion regarding easements / access agreement. General discussion. No one Page 6 K:\COUNCILIMINUTES\Temporary Minutes Work Area\CC-06-24-08min.doc else was present to address this issue, the Public Hearing closed. Huffaker moves to approve item 8A RZ-OI-07 MOD - Rezone Development Agreement Modification - Dwayne Lingel (Adonai Subdivision) with the provision that the changes recommended specifically for 3.11 DA include language suggested by council that it be referred to as an easement and not just a maintenance agreement. The motion was seconded by Shoushtarian. Clarification that the language being used refer to the June 23rd email from Ms. Butler be the language that is being discussed. ALL A YES. MOTION CARRIES. Guerber requests consideration of item 6B which was moved to the end of the agenda as the applicant is now present. Agenda item 6B. DR-19-08 - Multi-tenant Office/Retail and Apartment Buildine:- Yesterday Properties, LLC: Shawn Nickel addressed the council for any questions. Shoushtarian expressed his concerns about Resolution 07-19A and how it relates to his request. Mr. Nickel reviewed the history of the property since his purchase of it and his plans for the area and the parking. General discussion. Huffaker moves to approve item 6B, DR-19-08 - Multi-tenant Office/Retail and Apartment Building - Yesterday Properties, LLC. The motion is seconded by Semanko. ALL A YES. MOTION CARRIES. The joint meeting for June 30, 2008, will not be held. 9. ADJOURNMENT: Huffaker moves to adjourn. Seconded by Semanko. ALL A YES. MOTION CARRIES. Hearing no further business, the Council meeting adjourned at 10: 1 0 p.m. Respectfully submitted: .'"".......... ~~~g ~~~ ~,.. \,.E '" ~, G *'. ~, ~ ....... " ~ ~ .. -tE.. '.. .... e. ~ ~ '4.. <l:-t- ,. .. 0 .. .. o. 0 ....,..-::s:.~ SHARON K. BERGMANN :, , "'-I~. <. .. CITY CLERK/TREASURER ..a.. Q.: : >-. IX · ~ w. · i ~: 0 , 4.t.; 10-: Q : ... . 't'. ..... . \ v... V c., ~o:.. ~ I \ ... INCO~.. 0 ~ "... * ........ ~<(, ~.. "... po.~' "" S l' "" '"",.....",,' P LLIP J. BANDY MAYOR A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT EAGLE CITY HALL Page 7 K:\COUNCILIMINUTES\Temporary Minutes Work Area\CC-06-24-08min.doc