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Minutes - 2012 - City Council - 11/27/2012 - Regular EAGLE CITY COUNCIL Minutes November 27,2012 PRE-COUNCIL AGENDA: 5:30 p.m.-6:30 p.m. 1. Mayor and Council Reports and Concerns: Mayor:No report Butler: No report Defayette: No report Chief Borgquist: Reports on the Code Enforcement procedures. We currently have 22 violations to follow up on. Since Shawn has started he has closed 22. Shawn reports to me on a daily basis. Discussion on some of the pending complaints. General discussion. General discussion on Eagle Road and access into the shopping center. 2. City Hall Department Supervisor Reports: Building Official Nash: Since the start of the new fiscal year 20 new plans were brought in and we have issued 17 permits this is one of our best Octobers ever. Discussion on the proposals for the building a glass recycling enclosure. Steve will follow up on these proposals. I'm going to be looking into CD submittal for building permits. Boise is the model jurisdiction and I have a meeting with their building official. General discussion. Park&Rec Director Aho: We moved all of the equipment from two different storage facilities into the leased shop space. Dave has put up the Christmas lights at Heritage Park. I have met with the Laguna Point HOA and discussed the trail along the Boise River and we are going to continue the dialog. General discussion. Discussion on different uses for the Sports complex. . This is a crown jewel in the area that will have a variety of uses. P&Z Administrator Vaughan: We have the letter regarding the Northwest Foothill Transportation Plan ready for your signature. Discussion on the Arbor Ridge property. I have meet with two different developers this week on this property and I will keep you posted on where these go. Discussion on the repairs need at the new Ballantyne intersection. 3. City Clerk: No report 4. City Attorney Report: No report. I would request an Executive Session for Personnel. Mayor: Reports on the Willow Creek Aviva. Grasser: No report INVOCATION: REGULAR COUNCIL AGENDA: 6:30 p.m. 1. CALL TO ORDER: Mayor Reynolds calls the meeting to order at 6:32 p.m. 2. ROLL CALL: SEMANKO, GRASSER, DEFAYETTE, BUTLER. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Mayor Reynolds leads the Pledge of Allegiance. Page 1 K.\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-11-27-12min.doc 4. PUBLIC COMMENT: C.J. Petrovsky,4831 Willow Creek Road,I was not able to be at the meeting when you heard the Foothills Transportation Plan. I just wanted to thank the Council for the response that Council has shown look at long range planning and the bigger picture. Mayor: I would like to add as Item#7A Letter of Support for EEZ Street. So moved by Semanko. Seconded by Defayette. ALL AYES: MOTION CARRIES City Attorney Buxton requests an Executive Session on Personnel. Semanko moves to add an Executive Session for personnel as cited by our Legal Counsel. Seconded by Grasser. ALL AYES: 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 Against the City. B. Contract for Services: Contract between the City of Eagle and Melissa Nodzu for services pertaining to Saturday Market Manager,Eagle Country Christmas Market Manager, Eagle Arts Commission website design and maintenance for Fiscal Year 2012-2013. (LB) Semanko moves to approve the Consent Agenda. Seconded by Defayette. Semanko: AYE: Grasser: AYE; Defayette: AYE; Butler: AYE; ALL AYES: MOTION CARRIES 6. PROCLAMATIONS& RESOLUTIONS: NONE 7. UNFINISHED BUSINESS: A. Letter of Support for EEZ Street. Mayor provides an overview of EEZ Street or the Eagle Entrepreneurial Zone for the Council. General discussion. City Attorney Buxton: This appears to me to be consistent with the powers that you have as a City Council under Idaho Code. Further general discussion and discussion on where the $7,200.00 for this fiscal year would come from in the Budget. General discussion on Council support for the Grant request from Rem Fox,ICOG. Butler: I need to recuse myself in regards to where the money is coming from or what we are going to do with this and vote because I have met with Kendra and looked at a piece or property that I am involved with. Further discussion. Semanko moves to approve submittal of the letter over the Mayor's signature to the U.S. Page 2 K:\COUNCIL\IvIINUTES\Temporary Minutes Work Area\CC-11-27-12min doc Department of Commerce,Economic Development Administration committing$23,040 unrestricted cash match subject to the annual appropriation process and subject to identification of the source whether through the City of Eagle or the Eagle Urban Renewal Agency or some other source that we might identify and that such funds from whatever source not be expended until the grant is actually approved and subject to review by our legal counsel. Seconded by Grasser. Semanko: AYE: Grasser: AYE; Defayette: AYE; Butler: RECUSE: MOTION CARRIES Sabrina Anderson introduces ACHD's new District Deputy, Dave Wallace. Dave Wallace provides Council an overview of his background. General discussion. 8. PUBLIC HEARINGS: Mayor: Does anyone on Council have any exparte contact to declare? Butler: I did have a call from Terry Sayer but it was just policy oriented. I don't see that this is an issue as it was not related to any specific piece of property. City Attorney Buxton: I agree. Mayor: Does anyone on Council have any potential or actual conflict of interest?None A. Ordinance 673—Third Reading: An Ordinance Of The City Of Eagle, Idaho,A Municipal Corporation Of The State Of Idaho,Amending Title 8, Chapter 2, Section 1 Of The Eagle City Code Increasing The Maximum Number Of Residential Dwelling Units Per Gross Acre In The Mixed Use Districts From Ten(10)Units To Twenty(20)Units; Repealing Ordinance 539; And Providing For Severability; Repealing Conflicting Ordinances And Providing An Effective Date. This item was continued from the November 13, 2012 meeting. Mayor introduces the issue. Mayor opens the Public Hearing Planner Baird-Spencer: Provides an overview of the Beacon Light and Old State memo. General discussion. Terry Sayer,2151 W. Forest Hill Court,I think this is what I wanted to happen. I just wanted Council to look at parks and traffic on the west end of town. General discussion. Mayor closes the Public Hearing Semanko 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#673 be considered after as being read for the third time after being read by title only. Semanko reads Ordinance#673 by title only. Seconded by Butler. THREE AYES: ONE NAY(Grasser)MOTION CARRIES Semanko moves that Ordinance#673 be adopted with the additional change of adding Section T—Land Use Implementation Strategies as suggested by Staff subject to potential modifications on the names of the state of the streets. Discussion that the additional language should not be in the Ordinance but should be included in the Comp Plan by a separate motion. Semanko moves for discussion to approve Ordinance#673. Seconded by Butler. ALL AYES: MOTION CARRIES General discussion. Semanko: AYE: Grasser: NAY; Defayette: AYE; Butler: AYE: MOTION CARRIES TO APPROVE ORDINANCE#673 .. Page 3 K.\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-11-27-12min.doc Semanko moves that we instruction Staff to prepare a proposed Comprehensive Plan Amendment along the lines that the Staff provided on Section T—Land Use Implementation Strategies. Seconded by Butler. ALL AYES: MOTION CARRIES B: Ordinance 683—Third Reading: A Zoning Ordinance Amendment To Eagle City Code Title 8 "Zoning", Chapter 1 "Zoning Definitions", Section 2, "Rules And Definitions", Chapter 2 "Zoning Districts And Maps", Section 3 "Schedule Of District Use Regulations",And Chapter 3 "Performance Standards", Section 5, "Unique Land Uses"To Establish Standards For The Provision Of Accessory Dwelling Units In Residential Zones; And Providing For Severability; Repealing Conflicting Ordinances And Providing An Effective Date. This item was continued from the November 13, 2012 meeting. Mayor introduces the issue. Mayor opens the Public Hearing Mayor closes the Public Hearing Semanko 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#683 be considered after being read for the third time after being read by title only. Semanko reads Ordinance#683 by title only. Seconded by Butler. ALL AYES: MOTION CARRIES Semanko moves for discussion purposes that Ordinance#683 be adopted. Seconded by Butler. Discussion. Semanko: AYE: Grasser: AYE; Defayette: AYE; Butler: AYE: ALL AYES: MOTION CARRIES C. A-03-12/RZ-03-12/PPUD-01-12/CU-03-12/PP-01-12—Lanewood Planned Unit Deveopment-Lanewood Eagle,LLC: Lanewood Eagle LLC, represented by Shawn Nickel with SLN Planning, is requesting a rezone from RUT(Rural-Urban Transition—Ada County designation)to R-3-DA-P(Residential up to three units per acre with a development agreement PUD), conditional use, preliminary development plan, preliminary plat approvals for Lanewood Planned Unit Development, a 90-lot(80 buildable and 10 common)residential subdivision. (WEV) This item was continued from the November 13, 2012 meeting. Mayor introduces the issue. Shawn Nickel, representing the applicant,passes out a full size copy of the plat and a sheet with some conditions that he will discuss later. Shawn displays overheads and provides Council an overview of the development. General discussion. Mayor opens the Public Hearing Planner Williams: The P&Z did move to approve the Rezone with Development Agreement. Discussion on the conditions that applicant wants to remove and modify. General discussion Mayor closes the Public Hearing Shawn Nickel, we do want your feed back so we can go back to staff and work on the issues. Discussion on the issues. General discussion. General Council discussion. Butler moves to approve A-03-12/RZ-03-12/PPUD-01-12/CU-03-12/PP-01-12—Lanewood Planned Unit Development—Lanewood with the following changes and conditions: On the Site Specific Conditions of Approval: Item#8 be modified so there is an additional line at the end that says"Note: the City Council does desire Design Review Board review however Page 4 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-11-27-I2min.doc the City Council acknowledges that 35' is a sufficient width for the buffer along Floating Feather Road and Linder; Item#9 be deleted; Item#6 be deleted; Item #18 be deleted; Condition#11 on the fencing that we add language to the end that says "that the lots along French Glen Drive that abut open space shall permitted to have solid fencing those being lots 26,38 and 41 with a fence design type be reviewed by the Design Review Board; that Design Review consider that noise concerns and privacy along the roadway are an issue for those lots; Condition#20 on the setbacks that language be added "that the rear setbacks may be 15' for lots 3—22 and 31 Block 1 and Lot 7-20 Block 2 only and that no structure may be permitted to encroach into any easement that the front setbacks be 25' from the property line to fence of garage 20' from the front property line to the face of living area portion of the structure. On the Development Agreement,Condition#3.6 that staff work with the applicant based on the discussion Council has had with regards to Lots #3 and#5 and propose some language at Council's next meeting to see how these two lots are going to be addressed and that we acknowledge that 6.3% is sufficient for open space. Seconded by Defayette. Discussion. Butler modifies his motion to clarify that the motion on the Site Specific Conditions of Approval were from the Plat and that is approved and that the Annexation and Rezone needs to come back to us so we can look at the language in the Development Agreement. Seconded by Defayette. ALL AYES: MOTION CARRIES... Mayor calls a recess at 9:00 p.m. Mayor reconvenes at 9:10 p.m. 9. NEW BUSINESS: A. AA-02-12—Appeal of the Design Review Boards approval to require the alley right of way of 120 North 1st Street be paved (DR-44-12—Multi-tenant Retail/Office Building with Residential Apartments)—Tavis and Brooke Reche: Pursuant to Eagle City Code Section 8- 2A-13(C), Tavis and Brooke Reche,represented by Walter Lindgren with Johnson Architects, are appealing the Design Review Board's decision to require the alley right of way adjacent to their development to be paved. The 0.16-acre site is located on the northeast corner of North 1st Street and Idaho Street at 120 North 1St Street. (WEV) Mayor introduces the issue. Walter Lindgren, representing the applicant, provides Council an overview of the project and the request for an appeal. Displays overheads. Travis Reche, applicant, discusses the issues of paving and developing the alley. Semanko moves to approve the appeal. Seconded by Defayette. ALL AYES: MOTION CARRIES Further discussion. B. FP-03-12 -Final Plat for Castlebury West Subdivision No.3—SCS Kimberland,LLC and Brighton Investments,LLC.: SCS Kimberland,LLC and Brighton Investments, LLC, represented by Michael Wardle, is requesting final plat approval for Castlebury West Subdivision No. 3, a 23-lot(23-buildable)residential subdivision. The 22.46-acre subdivision is located on the north side of East Chinden Boulevard approximately 1,440-feet east of North Meridian Road at 640 East Chinden Boulevard. (WEV) Mayor introduces the issue. Mike Wardle, representing the applicants, we are in agreement with staff's recommendation of conditions of approval. Discussion on site Specific#1. Page 5 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-1 1-27-12min.doc Butler moves to approve FP-03-12 -Final Plat for Castlebury West Subdivision No.3 with the Conditions of Approval with the understanding that the cul-de-sacs as proposed are approved by the City Council as we have approvals from ACHD and the Fire Department. Seconded by Grasser. ALL AYES: MOTION CARRIES C. Resolution 12-24: A Resolution Of The City Of Eagle,Ada County,Idaho, Approving An Agreement For Bond Counsel Services; Authorizing The Mayor And City Clerk To Execute The Same; And Providing An Effective Date. (SEB) Mayor introduces the issue. City Attorney Buxton: this is the same Bond Council agreement for the May election and is the same agreement that approved for the last election. Discussion on the actual amount on the bond documents. General discussion. City Attorney Buxton: I have calls into Mr. Phillips but have yet to talk to him. The only changes to the agreement with Hawkins Smith is the date. General discussion on the amount to request on the Bond documents. Semanko moves to approve Resolution 12-24 Approving An Agreement For Bond Counsel Services; authorizing the Mayor And City Clerk to execute the same. Seconded by Grasser. ALL AYES: MOTION CARRIES D. Ordinance 689: An Ordinance Of The City Of Eagle,Ada County, Idaho, Ordering A Special Bond Election To Be Held On The Question Of The Issuance Of General Obligation Bonds Of The City In An Amount Not To Exceed$1,500,000 For The Purpose Of Acquiring The City Hall And Related Improvements And Costs; Establishing The Date, Time, And Places Of The Special Bond Election; Approving A Form Of Ballot; Providing For Registration Of Voters; Providing For Related Matters; And Providing An Effective Date. (SEB) Mayor introduces the issue. General discussion Semanko 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#689 be considered after being read once by title only. Semanko reads Ordinance#689 by title only change the amount to not to exceed $1.2M. Seconded by Butler. ALL AYES: MOTION CARRIES General Council discussion. Semanko moves that Ordinance#689 be approved with the changes as discussed with the amount not to exceed $1.2 M and Section#5 to be changed to the anticipated rate of 2% or if you can arrange 2%-5% and recalculated as necessary the numbers in Section 4 and the changes be consistent and approved by our City Attorney. Seconded by Butler. Semanko: AYE: Grasser: AYE; Defayette: AYE; Butler: AYE: ALL AYES: MOTION CARRIES E. Discussion of traffic at Chinden and Eagle at the Eagle Marketplace: (MD) Mayor introduces the issue. Defayette: I have been visiting with Chief Borgquist and the problem is that it is not finished and they have left it a mess. You can't turn left into the shopping center and you can do a U-Turn but because it has not been completed you can't make a U-Turn. It looks like we just have to wait Page 6 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-11-27-12min.doc this out. I want it to be on the radar that there is lots of business in there that are suffering and the safety issues. There really isn't anything to be done at this time. General discussion. F. Acceptance of November 6,2012 Election Results as Canvassed by the Ada County Commissioners: [I.C. § 50-412] Mayor introduces the issue. Semanko moves to accept the November 6,2012 Election Results as Canvassed by the Ada County Commissioners. Seconded by Defayette. ALL AYES: MOTION CARRIES G. Discussion of potential tasks for Parks and Recreation Director. (MLB) Mayor introduces the issue. Butler: I put this on the Council Agenda and I met with Mike and he is working on these things. General discussion. Parks & Rec Director Aho: I'm not sure about the trespass sign, I am checking on that. I met with HOA last Wednesday and told them that this pathway should not be paved at this time and that we would work with them on the width of that pathway. General discussion. 10. EXECUTIVE SESSION: A. I.C. 67-2345 (b)&(c)—Personnel Idaho Code § 67-2345. Executive sessions--When authorized. (1)An executive session at which members of the public are excluded may be held, but only for the purposes and only in the manner set forth in this section. The motion to go into executive session shall identify the specific subsections of this section that authorize the executive session. There shall be a roll call vote on the motion and the vote shall be recorded in the minutes. An executive session shall be authorized by a two-thirds(2/3)vote of the governing body. An executive session may be held: (b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student; (c) To conduct deliberations concerning labor negotiations or to acquire an interest in real property which is not owned by a public agency. Mayor Reynolds introduces the issue. Semanko moves to go into Executive Session in accordance with I.C. §67-2345 (b)&(c)— Personnel matters. Seconded by Grasser. Semanko: AYE: Grasser: AYE; Defayette: AYE; Butler: AYE; ALL AYES: MOTION CARRIES Council goes into Executive Session at 10:00 p.m. Council discusses personnel matters. Council leaves Executive Session at 10:20 p.m. Semanko moves to accept the resignation of Mike Echeita and we approve the Release and Settlement Agreement recommended by the Mayor and our City Council. Seconded by Defayette. Semanko: AYE: Grasser: AYE; Defayette: AYE; Butler: AYE; ALL AYES: MOTION CARRIES 11. ADJOURNMENT: Butler moves to adjourn. Seconded by Semanko. ALL AYES: MOTION CARRIES Page 7 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-11-27-12min.doc Hearing no further business, the Council mpFth g.adjourned at 10:20 p.m. Respectfully submitted: t� i-4.• . �/ ,•' �' �1 / ,//`I f ,�_o 0 ' 0 SHARO / . BERGMANN .) 4 x ` CITY CLERK/TREASURER '•. ...../420..$. ,N96S 'ATE APPROVED: ''''''''''I���''''� i Iii; I Ai..✓.r-d_of. - AMES D. RE 0 it S MAYOR AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL UPON REQUEST. Page 8 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-11-27-12min.doc EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP A-03-12/RZ-03-12/PPUD-01-12/CU-03-12/PP-01-12 — Lanewood Planned Unit Deveonment -Lanewood Eae1e, LLC November 27, 2012 TESTIFY PRO/ CON or NAME ADDRESS YES/NO NEUTRAL r.51' L-- •1 os P/0 EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP Ordinance 683 —Third Reading November 27, 2012 TESTIFY PRO/ CON or NAME ADDRESS YES/NO NEUTRAL EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP Ordinance 673 —Third Reading November 27, 2012 TESTIFY PRO/ CON or ADDRESS YES/NO NEUTRAL / S7 G2 '