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Minutes - 1999 - City Council - 02/09/1999 - RegularORIGINA EAGLE CITY COUNCIL MEETING MINUTES February 9, 1999 PRECOUNCIL: 6:30 p.m. - 7:30 p.m. 1. Ada County Sheriff's Department: Sgt. Freeman presents the monthly report to Council and discusses the same. Reports on the Chamber of Commerce lunch, which featured, speakers on a drug free work place and the Enough is Enough campaign. General discussion. Discussion on citations being issued on non-compliance signs. 2. Planning & Zoning Commission Liaison Report: No report 3. Mayor and Council's Reports: Moved to the end of the meeting 4. City Clerk/Treasurer's Report: Moved to the end of the meeting 5. Zoning Administrator's Report: a) Bill Webster is requesting clarification on the roof design requirements for Benchmark/Morning Meadows Subdivision. Butler provides Council a review of the issue. Bill Webster, 804 Eagle Hills Way. Discusses the clarification on whether car ports are allowed or not. General Council discussion. Council wants the 4/12 pitch roof and no metal roof as this was what they intended to approve. b) Report on compliance regarding signs. Butler reports on the progress to date. There are 33 remaining signs that are still up, this represents 18 businesses. The business owners have not made contact with City Hall. General discussion on the draft letter to be sent to the remaining non-compliant business owners. 6. City Engineer's Report: No report 7. City Attorney's Report: No report Mayor calls a recess at 7:25 p.m. Mayor reconvenes meeting at 7:30 p.m. COUNCIL: 7:30 p.m. 1. CALL TO ORDER: 2. ROLL CALL: Bastian, Merrill, Sedlacek, Guerber. A quorum is present. 3. PLEDGE OF ALLEGIANCE: 4. 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 Council Member, 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 other~vise. Lynne moves to remove 4A and 4B from the Consent Agenda. Seconded by Merrill. ALL AYES: MOTION CARRIES ............ A. Minutes of January 12, 1999. B. Minutes of January 28, 1999. C. Minutes of January 29, 1999. D. Claims Against the City. E. Declaration of Surplus ~ronertv: F. Award of Surplus property bids: G. Confirmation of RPTA Alternate Delegate: The Mayor is requesting Council to confirm the appointment Council member Steve Guerber as the alternate delegate. (RY) Lynne moves to approve the Consent Agenda. Seconded by Merrill. ALL AYES: MOTION CARRIES ............ Mayor: Items 4A and 4B were not included in the Council packets. 5. UNFINISHED BUSINESS: A. Bosanka Village Master Sign Plan - Mark Guho: Mark Guho is requesting Council reconsideration on the Bosanka Village Master Sign Plan clarification letter dated January 27, 1997. [This item was continued from the January 26, 1999 meeting.] Mayor introduces the issue. Guerber moves to continue this item to the next regular scheduled City Council meeting. Seconded by Bastian. ALL AYES: MOTION CARRIES ............ B. Review and discussion on proposed contract with Drainage District #2. [This item was continued from the October 27, 1998 meeting.] Mayor introduces the issue. Legal Counsel. The agreement has been sent to the Drainage District attorney and he has requested that this be continued to the next regular meeting so he can have more time to review the agreement. General discussion. Merrill moves to continue the proposed contract with Drainage District #2 to the next regular City Council meeting. Seconded by Sedlacek. ALL AYES: MOTION CARRIES ............ 6. PUBLIC HEARINGS: A. PP-7-98 - Sugarberr¥ Woods No. 2 - Saunders Family Trust - Lorin Saunders: Lorin Saunders is requesting preliminary plat approval for Sugarberry Woods Subdivision No. 2, a 38.86-acre, 19-lot residential subdivision located on the west side of N. Meridian Road approximately 1,200-feet north of Chinden Boulevard at 688 E. Sugarberry Drive. Mayor introduces the issue. Does any member of council have Lorin Saunders, Sugarberry Drive. This subdivision has moved very slowly. We had been selling only one lot a year. I didn't realize that this had expired. Basically there has been no changes, except we can now provide city water. General discussion. Butler: Provides an overview of the staff report and displays an overhead of the plat. Planning and Zoning recommended approval. Mayor opens the Public Hearing. There is no one signed up to speak and no one from the audience wishes to speak. Mayor closes the Public Hearing. General Council discussion. Guerber moves to approve PP-7-98 Sugarberry Woods No. 2 with the two Sites Specific Conditions of Approval recommended by Staff and the Standard Conditions of Approval. Seconded by Sedlacek. ALL AYES: MOTION CARRIES ............ B. A-1-98/RZ-9-98 - Annexation and Rezone from RT (one unit per five acres) to R-2 (two units per acre) - Craig and Kristen Van Eugelen: Craig and Kristen Van Engelen are requesting annexation and a rezone from RT (one unit per five acres) to R-2 (two units per acre). The 27-acre is site located on the north side of State Highway 44 approximately 1-mile east of Linder Road. [This item was continued from the January 26, 1999 Council meeting.] Note: Commission heard this item together with PP-6-99 and acted on each separately. Mayor introduces the issue. Craig Van Engelen, 2545 Lake Fork, Eagle. Discusses the project and the amenities. We have tried to work with the neighbors as much as possible. Planning and Zoning voted in favor of this project. Chris Cordy, 499 Main St., Boise. This is a very difficult site to work with. Displays various overhead of the development, discusses the plan in detail and explains why the project is designed as it is. Planning and Zoning Commission voted approval of the plan. The Development Agreement is done. Craig Van Engelen, discusses the items in the project that will be done up front. Butler: Displays an overhead of the site plan and provides council with an overview of the staff report. Discussion on land use and density and the comp plan. General discussion. Mayor opens the Public Hearing. Please keep your comments to 3-4 minutes and do not repeat previous comments. Scott Nordstrom, 2590 Timber Dr., President of Redwood Creek Homeowner's Association. We would like development in our area to be consistent with the area. Discusses the comp plan. Displays a reader board in regards to the population of the City of Eagle and the projection of population in the build-out and discusses the same. Displays another reader board in regards to building permits and discusses the current building in the City. Dr. Chuck Lang, 132 N. Sierra View, Discusses several issues that the residents of Redwood Creek would like to see done in this development. Karen Johnson, 3468 Flint Drive. Discusses the project and the density. I concur w/th the density points that were made by the previous speakers. I am very concerned about this development. Elliot Weise, 3660 Flint Drive. I am a resident of Eagle Flint Subdivision, which comprises 14 families. Discussion on the density of the subdivision. The lots in this subdivision should be the same size as the lots in Redwood Creek. Steve Care, 2498 West Timber, reads some verbiage from the focus groups on the comp plan. Discussion on the density of the subdivision and the park. Ed Salvi, 2568 W. Timber Drive. Reads verbiage from the comp plan. Discussion on property taxes and displays a flip chart. Discussion on the City's fiscal year budget and the re-occurring revenues and expenditures. Discussion on transportation and police services. Discussion on recreation. ! am currently serving on the Development Impact Committee. Rod Heller 2760 W. Conifer Drive. I have taken a survey of neighbors. 15-16 neighbors that I talked to had not talked to Mr. Van Engelen. Not one person I talked to would like to see the density as proposed for this subdivision. Discussion on the density and the cluster housing. One main complaint is the increased traffic. Doren Ellis, 2765 Floating Feather Road. I have lived in Eagle all my life. Discussion on the density of the project and the comp plan. Displays a bucket full of golf balls that he found in his field. I don't even play golfi I'm for their development and would like to see it approved. Doug Hicks 3008 W. Timber Ct., I live on the cul-de-sac that is shown on the maps. I understand that there are temporary easements. I was told that there was a right-of-way through there and that some day there would be a road. Discussion on the roadway connection. Reads a letter he received from Dan Friend in regards to the roadway. The whole subdivision feels that this connection is not necessary. Bill Wooten 2782 W. Conifer. I am in support of everything that I have heard tonight. Discussion on the proposed roadway. Run Marshall, Displays an overhead of the site. Discusses Mr. Hicks' lot and the cul-de-sac and the proposed roadway. This has been in the comp plan as an R2. Discussion on the density. I think 2 units per acre is a happy medium. I hope you approve this as 2 units per acre. Cathie Simonson, 550 Sierra View Way. I live in Redwood Creek. We all maintain our property. Discussion on density. Dan Myers, 2502 W. Timber. Discussion on the project, the density and the park along the highway. This is a bad project and needs more planning. Tom Ricks, 101 Park Lane. I am representing the Ballantyne Ditch Co. We have come to an agreement. I also represent property owners adjacent to this proposed project. There is no problem with the overall design. Discusses a future development on the East Side of Redwood Creek and where ACHD wants roads stubbed in. ACHD wants East/West and North/South access in the area. I have been addressed 2-3 times by the developer in reference to this project. I would support the design as it is now. There needs to be a mix and match. Comp plan addresses multiple use. Ron McConnel, 391 W. State Street. I am a realtor in Eagle. I am here to speak on behalf of my client's the Goade family. The Goade family has waited a long time to sell their property and under the comp plan they can sell and get the maximum out of their property. Discussion on density and lot sizes. Greg Cunningham, 2589 W. Timber Drive. Discussion the project. We are not saying don't develop, we are saying not in this density. Bob Cook, 3468 Flint. Discusses the project and the density. Chris Cordy. Discussion on the comp plan, the project and the general area. General discussion on traffic. Mayor closes the Public Hearing. Mayor calls a recess at 10:l0 p.m. Mayor reconvenes the meeting at 10:20 p.m. General Council discussion. Merrill moves to approve A-1-98/RZ-9-98 Annexation and Rezone from RT to Re for Craig and Kristen Van Engelen with the Development Agreement with these changes: Page 2 of 6, Article II Conditions of Development, 2.._~2 The maximum gross density permitted shall be 30 units maximum. 2.__~3 The lot configuration for any residential lots abutting Redwood Creek, shall be that the side lots for the proposed lots shall be in alignment with the side lots of the existing lots within Redwood Creek except for the park. 2..~4 The lot depth for any residential lots abutting Redwood Creek shall be a minimum of 280 feet depth. 2.8 As a part of the 2.7 acres of open space that we add in again the amenities that were deleted from the Planning and Zoning. That the road under 2.__~9 That when the subdivision is developed the proposed roadway system shall be designed to allow for North/South connection to Meridian Road and will extend from Meridian Road to Floating Feather and Highway 44. 2.10 That there be a pathway developed to connect Timber Creek to provide for pedestrian/bike path from subdivision to subdivision and a 50 foot right-of-way preserved for a future road. 2.11 That the berm shall be a minimum of 8 feet. 2.12 Ali amenities shall be completed before any building permits will be issued. Seconded by Sedlacek. Discussion. 2 AYE: 2 NAY: MAYOR: NAY: MOTION FAILS. Merrill moves that all other conditions remain and that 2.4 be kept as originally written. 2.2 The maximum gross density permitted shall be 1.12 units per acre (30 units maximum). Seconded by Sedlacek. Discussion. 3 AYE: 1 NAY: MOTION CARRIES ............ C. PP-6-98 The Colony Subdivision - Craig and Kristen Van Engelen: Craig and Kristen Van Engelen are requesting annexation, a rezone from RT (one unit per five acres) to R-2 (two units per acre), and preliminary plat approval for The Colony Subdivision, a 27-acre, a 43-1ot (40-buildable) residential subdivision located on the north side of State Highway 44 approximately 1-mile east of Linder Road. [This item was continued from the danuary 26, 1999 Council meeting.] Mayor introduces the issue. Gnerber moves that PP-6-98 The Colony Subdivision be denied as proposed. Seconded by Merrill. ALL AYES: MOTION CARRIES .......... D. PP-5-98 -Clear Creek Crossing - Javo Construction, Inc.: Jayo Construction, represented by Roylance & Associates, is requesting preliminary plat approval for Clear Creek Crossing Subdivision, a 54.8-acre, 89-1ot residential subdivision generally located on the southwest coruer of N. Eagle Road and Floating Feather Road. Mayor introduces the issue. This matter is continued to February 23, 1999. E. RZ-8-98 - Rezone from A (Agricultural) to R-2 (Residential) - The Land Group: Jon Wroten, represented by Jason Pfaff with The Land Group, is requesting a rezone from A (Agricultural) to R-2 (Residential). The 45-acre site is located on the north side of the south channel of the Boise River approximately V2-mile west of Eagle Road at 799 South Channel Road. [This item was continued from the January 26, 1999 Council meeting.] Note: If the City of Eagle Pathway Committee has not met on this item prior to the Council meeting the applicant requests that this item be continued to the February 23, 1999 City Council meeting. Mayor introduces the issue. This matter is continued to February 18, 1999. 7. NEW BUSINESS: A. Appointment of City Clerk/Treasurer: Mayor: I would entertain a motion to reappoint Sharon Smith as the City Clerk/Treasurer. So Moved by Bastian. Seconded by Sedlacek. ALL AYES: MOTION CARRIES ............ B. Election of City Council President: Guerber moves that Nancy Merrill be appointed as City Council President. Seconded by Sedlacek. ALL AYES: MOTION CARRIES ............ C. Appointment of Council Liaison positions: Mayor introduces the issue. Bastian moves that Council continue the assigned liaison positions. Seconded by Sedlacek. ALL AYE: MOTION CARRIES .......... Butler: Discussion on the Development Agreement for Colony Subdivision. General discussion· Guerber moves to reconsider the decision on A-1-98/RZ-9-98 Annexation and Rezone from RT to R2 Craig and Kristen Van Engelen. Seconded by Sedlacek. ALL AYES: MOTION CARRIES ............ Merrill moves to amend the motion on the Development Agreement of the Van Engelen Rezone and Annexation to read: 2.3 That we eliminate the verbiage of the interior lot lines lining up. Seconded by Bastian. ALL AYES: MOTION CARRIES ......... City Clerk Report: Joint meeting with ACHD is scheduled for March 2nd at ACHD at 4:00 p.m. I need to know if you want this meeting scheduled and if you have any agenda items. Council would like to have the meeting and Council will let me know if they have any agenda items. Mayor and Council would like Planning and Zoning to begin meeting more frequently on the Comp Plan to finish it up. Mayor and Council will talk to P&Z members· 8. ADJOURNMENT: Merrill moves to adjourn. Seconded by Sedlacek. ALL AYES: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 11:30 p.m. R,esl~ectfully submitted: : . ..~% ~,,~ ~:> ~ SHARO~N K. SMITH g _~,,,: ,~o~' }¢? ~ CITY CLERK/TREASURER ~ ~ c~ ~ 6 .... 1 PaCk-'°vz×otk MAYOR xa