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Minutes - 1999 - City Council - 03/23/1999 - RegularEAGLE CITY COUNCIL MEETING MINUTES March 23, 1999 PRECOUNCIL: 6:30 p.m. - 7:30 p.m. 1. Planning & Zoning Commission Liaison Report: Bill Vaughan reports on the Planning & Zoning meeting held on Saturday. P&Z are planning to meet on the 29~' of March to work on the comp plan. 2. Hoffman Planning: Discussion of Park/Path/Trail impact fee proposals. Bill Hoffman reports on the Advisory Committee meeting that was held today. Provides Council an overview of the progress being made. General discussion. 3. Sgt. Ron Freeman: Discusses the necessity of the proposed false alarm service fee ordinance. General discussion. Reports on the Enough is Enough walk on Monday. 113 people rode the bus and other people meet the group at the depot. General discussion. Brief report on Eagle Fun Days. 4. City Engineer's Report: Letter on Public Works information. Vern Brewer discusses the Idaho Standards for Public Works Construction This is an update from 1990 and is the accepted standard by DEQ. Recommends the City draft a Resolution adopting this as their default standards. 5. Mayor and Council's Reports: Merrill: Reports on meeting with Sgt. Freeman and the Resource Officer at Eagle Academy on a program for behavior modification. This would be a mentor program with adults and children. They will present this program to the Chamber of Commerce and the School Board. Update on the Skateboard park. Bastian: No report. Sedlacek: Met with Paul Woods on the consolidation study. Paul will be contacting other Council Members to get their input. We finally received the appraisal on the Tomlinson property. Discussion on the Chamber's proposed changes to the sign ordinance. General discussion on signs. Council would like to have input from Design Review on the Chamber's sign proposal. 6. City Clerk/Treasurer's Report: February financial reports are distributed. There will not be a Joint Meeting on March 29th between Council and Planning and Zoning. 7. Zoning Administrator's Report: No report. 8. City Attorney's Report: No report. Mayor calls a recess at 7:30 p.m. Mayor reconvenes meeting at 7:35 p.m. COUNCIL: 7:35 p.m. 1. CALL TO ORDER: 2. ROLL CALL: Bastian, Merrill, Sedlacek, Guerber. Guerber is absent. 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 Comxnission, or Design Review Board shall be adopted as part of the City Council's Consent Agenda approval motion unless specifically stated otherwise. Merrill moves to accept the Consent Agenda except for Items E, F, G, H and I that need to be removed. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ............ A. Minutes of March 9, 1999. B. Minutes of March 16, 1999. C. Claims Against the City. D. Findings and Conclusions for CU-8-98 -Conditional Use for Eagle Fire Department Additional Tower Height - Dan Friend: Project Description: Dan Friend, represented by Rocky Towle with Design Resoumes, is requesting conditional use approval for a 50-foot high training tower to be attached to the tim station. The .54-acre site is located on the south side of W. State Street approximately 400-feet west of Eagle Road at 149 W. State Street. (MLB) E. DR-4-99 - New Monument Sign For Eagle Family Medicine - Saint Alphonsus: Per City Council request, all design review applications are to be appealed by the Zoning Administrator to the City Council for their review prior to the approval of an application being final Saint Alphonsus, represented by John Morton with Golden West Advertising, is requesting design review approval for a monument sign for the new medical facility located on the southeast comer of State Street and Kestrel Place at 197 West State Street. (MLB) F. DR-5-99 - New Building Wall Sign For Total Attraction Salon Within Bosanka Village: Per City Council request, all design review applications are to be appealed by the Zoning Administrator to the City Council for their review prior to the approval of an application being final Total Attraction, represented by Carol Bishop and Chimena Cole, is requesting design review approval for a building wall sign for Total Attraction Salon located in Bosanka Village on the south side of State Street at 391 West State Street, Suite A. (MLB) G. DR-8-99 - New Idaho Banking Building - Idaho Banking Company: Per City Council request, all design review applications are to be appealed by the Zoning Administrator to the City Council for their review prior to the approval of an application beingfinal Idaho Banking Company, represented by Rockwell Architecture, is requesting design review approval to construct a 4,200-square foot bank building with a drive-thru window. The 0.91-acre site is located within Eagle Pavilion Subdivision located at the northeast comer of Eagle Road and State Highway 44 at 480 South Eagle Road (Temporary Address). (MLB) FP-5-99 - Final Plat for Echohawk Estates Subdivision No. 4 - B.J. Land Company: B.J. Land Company, represented by Richard Pavelek with Tealey's Land Surveying, is requesting final plat approval for Echohawk Estates Subdivision No. 4, a 24-1ot (22-buildable) residential subdivision. The 7.31-acre (approx.) site is located on the wide side of State Highway 55 and on the south side of the Farmers Union Canal, approximately 1,600-feet south of Floating Feather Road. The site is within the Eagle City Limits. Findings and Conclusions for a Final Development Plan and Final Plat FPUD-1-99 & FP-1-99 for Banburv Meadows Subdivision No. 2 - Harvey Hoff: Project Description: Harvey Hoff, represented by Roy Johnson, is requesting final development plan and final plat approval for Banbury Meadows Subdivision Phase 2, a 59-1ot (50-buildable) residential subdivision. This 19.22- acre (approx.) phase of Banbury Meadows PUD is located on the west side of Eagle Road approximately ½-mile north of Chinden Blvd. The site is within the Eagle City Limits.(MLB) Items Removed From the Consent Agenda: 4E. DR-4-99 - New Monument Sign For Eagle Family Medicine - Saint Alphonsus: Per City Council request, aH design review applications are to be appealed by the Zoning Administrator to the City Council for their review prior to the approval of an application beingfinal Saint Alphnnsus, represented by John Morton with Golden West Advertising, is requesting design review approval for a monument sign for the new medical facility located on the southeast comer of State Street and Kestrel Place at 197 West State Street. (MLB) Mayor introduces the issue. Merrill I pulled this item so Council could look at the sign. Bill Vaughan displays an overhead of the sign and discusses the same for Council. General discussion. Merrill moves to approve DR-4-99 New Monument Sign for Eagle Family Medicine. Seconded by Bastian. ALL AYE: MOTION CARRIES .............. 4F. DR-5-99 - New Building Wall Sign For Total Attraction Salon Within Bosanka Village: Per City Council request, aH design review applications are to be appealed by the Zoning Administrator to the City Council for their review prior to the approval of an application beingfinal Total Attraction, represented by Carol Bishop and Chimena Cole, is requesting design review approval for a building wall sign for Total Attraction Salon located in Bosanka Village on the south side of State Street at 391 West State Street, Suite A. (MLB) Mayor introduces the issue. Bill Vaughan displays an overhead of the sign and discusses the same. General discussion on the sign and the Master Sign Plan for Bosanka Village. Bastian moves to approve DR-5-99 New Building Wall Sign for Total Attraction Salon within Bosanka Village. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ........ 4G. DR-8-99 - New Idaho Banking Building - Idaho Bankin~ Coml~anv: Per City Council request, all design review applications are to be appealed by the Zoning Administrator to the City Council for their review prior to the approval of an application being final Idaho Banking Company, represented by Rockwell Architecture, is requesting design review approval to construct a 4,200-square foot bank building with a drive-thru window. The 0.91-acre site is located within Eagle Pavilion Subdivision located at the northeast comer of Eagle Road and State Highway 44 at 480 South Eagle Road (Temporary Address). (MLB) Mayor introduces the issue. Bill Vaughan displays an overhead of the site plan and discusses the same. General discussion. Bastian moves to approve DR-8-99 along with Site Specific Conditions of Approval and with the Standard Conditions of Approval. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ............. 4H. FP-5-99 - Final Plat for Echohawk Estates Subdivision No. 4 - B.J. Land Company: B.J. Land Company, represented by Richard Pavelek with Tealey's Land Surveying, is requesting final plat approval for Echohawk Estates Subdivision No. 4, a 24-1ot (22-buildable) residential subdivision. The 7.31-acre (approx.) site is located on the wide side of State Highway 55 and on the south side of the Farmers Union Canal, approximately 1,600-feet south of Floating Feather Road. The site is within the Eagle City Limits. Mayor introduces the issue. Merrill: I had some things that need to be clarified. Bill Vaughan: Displays an overhead of the plat and discusses the same and addresses the concerns of Council Member Merrill. Merrill moves to approve the Final Plat for FP-5-99, Echohawk Estates Subdivision No. 4, B.J. Land Company with two added conditions: #1. A sign at the end of Myrtle Street identifying a future extension of that street; #2. Provide the City with a Quit Claim Deed of the Property that will be deeded to the West or similar document. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ................ 4I. Findings and Conclusions for a Final Development Plan and Final Plat FPUD- 1-99 & FP-1-99 for Banbury Meadows Subdivision No. 2 - Harvey Hoff: Project Description: Harvey Hoff, represented by Roy Johnson, is requesting final development plan and final plat approval for Banbury Meadows Subdivision Phase 2, a 59-1ot (50- buildablc) residential subdivision. This 19.22-acre (approx.) phase of Banbury Meadows PUD is located on thc west side of Eagle Road approximately V2-mile north of Chinden Blvd. The site is within the Eagle City Limits.(MLB) Mayor introduces the issue. Merrill: Clarification on two items in the Findings and Conclusions. Bill Vaughan: Displays an overhead of the site plan and addresses the concerns of Council Member Merrill on the Findings and Conclusions. General Discussion. Merrill moves to approve the Findings and Conclusions for Final Development Plan and Final Plat FPUD-1-99 & FP-1-99 for Banbury Meadows Subdivision No. 2. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ................ 5. UNFINISHED BUSINESS: A. RZ-11-98 - Rezone from A (Agriculture) to R-4 (Residential) - Providence Development Group: Providence Development Group, LLC, represented by Wayne S. Forrey with Hubble Engineering, is requesting a rezone from A (Agricultural) to R-4 (Residential four units per acre maximum). Thc 16.62-acre site is located on the south side of Floating Feather Road approximately ½-mile east of Eagle Road at 1200 Floating Feather Road. (MLB) The public hearing was closed on March 9, 1999. Mayor introduces thc issue. Wayne Forrey, Providence Development Group. Distributes a handout to Council and displays an overhead of thc site and discusses thc modifications to the Preliminary Plat. General discussion. Bastian moves to approve RZ-11-98 Rezone From A (Agriculture) to R-4 (Residential) proposed by the Providence Development Group including any Site Specific and Standard Conditions of Approval. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ............... B. PP-9-98 - Preliminary Plat for Eagle Knoll Estates - Providence Development Group: Providence Development Group, LLC, represented by Wayne S. Forrey with Hubble Engineering, is requesting preliminary plat approval for Eagle Knoll Estates Subdivision, a 16.62-acre, 57-1ot (52-buildablc) residential subdivision located on the south side of Floating Feather Road approximately ¼-mile east of Eagle Road at 1200 Floating Feather Road. (MLB) The public hearing was closed on March 9, 1999. Bastian moves to approve PP-9-98 Preliminary Plat for Eagle Knoll Estates - Providence Development Group including any Site Specific and Standard Conditions of Approval. Seconded by Sedlacek. General discussion. Wayne Forrey discusses the design concept for the Council. TWO AYES: ONE NAY: MOTION CARRIES ............. 6. PUBLIC HEARINGS: A. RZ-10-98/CU-9-98/PPUD-2-98/PP-8-98-Quarter Circle Ranch Planned Unit Development-B.W. Inc: B.W. Inc., represented by Dennis M. Baker, is requesting a rezone from A (Agricultural) to R-2-P (Residential two units per acre maximum - PUl3), and conditional use, planned unit development preliminary development plan, and preliminary plat approvals for Quarter Circle Ranch Planned Community. The development consists ofa237-acre, 419-1ot (371-buildable) residential subdivision. The site is located on the west side of Eagle Road approximately 1600-£eet south o£ State Highway 44 at 1505 S. Eagle Road (temp. address). (MLB) Note: This item will be continued to the April 13, 1999 meeting. Mayor asks Council if any member has any ex parte contact or a conflict of interest? Hearing none we will proceed with the Public Hearings. B. RZ-8-98 - Rezone from A (Agricultural) to R-2 (Residential) with Development Agreement- The Land Group: Jori Wroten, represented by Jason Pfaff with The Land Group, is requesting a rezone from A (Agricultural) to R-2 (Residential) with Development Agreement. The 45-acre site is located on thc north side of the south channel of the Boise River approximately ½-mile west of Eagle Road at 799 South Channel Road. This item was continued from the February 23, 1999 meeting. (MLB) Mayor introduces the issue. Legal Council: Discussion on pending legislation regarding the right to density transfer. This is not a law as yet. General discussion. Jon Wroten, 799 S. Channel Road. Discusses his application. Legal Counsel calls for a 5 minute recess at 8:25 p.m. Meeting rcconvenes at 8:45 p.m. Legal Counsel: Discusses this application and changes to the Development Agreement. Thc change is a material change and if Mr. Wroten wants to do this we need to have Planning and Zoning hear the matter again. Jon Wroten. I concur with Legal Connscl to do the changes to thc Development Agreement and have the matter come back before the Planning and Zoning Commission. Legal Counsel and Council discuss the application and development agreement. Jori Wrotcn. I thought this would be an opportunity to preserve some area by thc Boise River and transfer my building lots to an area that would be more suitable to a higher density. Vern Brewer, Holladay Engineering. Discusses transfer and development rights. General discussion. Jon Wroten. I would like to have this continued to the next City Council meeting on April 13, 1999. Merrill moves to continue RZ-8-98 - Rezone from A (Agricultural) to R-2 (Residential) with Development Agreement to the April 13, 1999, meeting. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ................ C. Ordinance No. 338 - Prohibited Parking: Ordinance Of The City Of Eagle, Ada County Idaho, Title 5 "Police Regulations", Amending Chapter 3 "Prohibited Parking", And Providing An Effective Date.(SKM) Mayor introduces the issue. General Council discussion on the Ordinance. Mayor opens the Public Itearing. No one has signed up to speak and no one from the audience has requested to speak. Mayor closes the Public Hearing. Merrill 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 # 338 be considered after being read once by title only. Merrill reads Ordinance # 338 by title only. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ................. Merrill moves that Ordinance #338 be adopted. Seconded by Sedlacek. Bastian: AYE; Merrill: AYE; Sedlacek: AYE: ALL AYE: MOTION CARRIES ................... D. Ordinance No. 339 - False Alarm Service Fee: An Ordinance Of The City Of Eagle, Ada County Idaho Adding Title 5 "Police Regulations", Chapter 6 "Alarm Systems", Section 1 "Short Title And Purpose", Section 2 "Definitions", Section 3 "Allocation Of Revenues", Section 4 "Automatic Dialing Devices Restrictions", Section 5 "Alarm Procedures And Regulations", Section 6 "Intentional Falsifications Prohibited", Section 7 "False Alarm, Service Fee", Section 8 "Enforcement And Penalties" And Providing An Effective Date. (SKM) Mayor introduces the issue. Mayor opens the Public Hearing. No one has signed up to speak and no one from the audience has requested to speak. Mayor Closes the Public Hearing. Sedlacek 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 #339 be considered after being read once by title only. Sedlacek reads Ordinance #339 by title only. Seconded by Bastian. ALL AYE: MOTION CARRIES ................. Sedlacek moves that Ordinance #339 be adopted. Seconded by Bastian. Bastian: AYE; Merrill: AYE; Sedlacek: AYE: ALL AYE: MOTION CARRIES E. Resolution 99-3 - EM2 Supplemental Connection Fees: Establishing a supplemental connection fee for additional customers outside of the original Lexington Hills/Trail Creek projects. (SKM) Mayor introduces the issue. Mayor opens the Public Hearing. No one has signed up to speak and no one tSom the audience has requested to speak. Mayor closes the Public Hearing General Council and Legal Counsel discussion. Bastian moves to approve Resolution 99-3 - EM2 Supplemental Connection Fees establishing a supplemental connection fee. Seconded by Merrill. ALL AYE: MOTION CARRIES .............. 7. NEW BUSINESS: A. DR-7-99 - Two Professional Office Buildings - Oppenheimer Development Co.: Jack Coonce is appealing the decision by the Design Review Board to deny this application. Oppenheimer Development Co., represented by Bradford Shaw Architect, is requesting design review approval to construct two 4,225-square foot professional office buildings. The 1.53-acre site is located on the north side of State Street, approximately 280-feet east of Stierman Way at 650 East State Street (Temporary Address). (MLB) Mayor introduces the issue. Jack M. Coonce, Oppenheimer Development Co. Provides Council with an overview of the project and displays a site plan. Bradford Shaw, Architect for the project. Displays a site plan of the project and design of the buildings and discusses the same. Discussion. Bill Vaughan, Design Review Boards' main concern is the main roof line and not having shadow relief. General Council discussion. Bradford Shaw, discusses the design of the building. Bastian moves to approve the building as shown on the alternate plan #8, which is the upper left hand side dated March 23, 1999. Seconded by Sedlacek. Discussion. Bastian withdraws the motion, Second concurs. Merrill moves to deny this application and that we make ourselves available as staff to work with the Applicant to come up with an appropriate design. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ........... B. Ordinance No. 342- Rezone: 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; Established The Zoning Classification Of Said Real Property; Directing That Copies Of This Ordinance Be Filed As Provided By Law; And Providing An Effective Date. (MLB) Mayor introduces the issue. Bastian 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 #342 be considered after being read once by title only. Bastian reads Ordinance # 342 by title only. Seconded by Sedlacek ALL AYE: MOTION CARRIES ................. Bastian moves that Ordinance #342 be adopted. Seconded by Sedlacek. Bastian: AYE; Merrill: AYE; Sedlacek: AYE: ALL AYE: MOTION CARRIES ........... C. Joint Powers Agreement between the City of Eagle and Ada County: Air Quality Automotive Inspection Program.(SKM) Mayor introduces the issue. Legal Counsel discusses the Agreement and some concerns with the Agreement. General discussion. 8. EXECUTIVE SESSION: Personnel Matters. Sedlacek moves to go into Executive Session to discuss personnel matters and possible litigation. Seconded by Merrill. Bastian: AYE; Merrill: AYE; Sedlacek: AYE: MOTION CARRIES ............... Executive Session: Discussion on pending personnel matters and possible litigation. Sedlacek moves in light of the circumstances of closing the old Library and starting the new Library that we grant a one time extension to Ann Gallinger and Janice Campbell on their carry days but by their anniversary date in the year 2000 that their accrued carry over needs to be in compliance with our existing policy manual. Seconded by Merrill. ALL AYE: MOTION CARRIES ........... 9. AD]OURNlqENT: Bastian moves to adjourn. Seconded by Merrill. ALL AYE: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 10:50 p.m. mCK' ZA{ P , MAYOR