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Minutes - 2000 - City Council - 01/25/2000 - RegularORIGINAL EAGLE CITY COUNCIL MINUTES January 25, 2000 PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m. 1. Boise City/Ada County Housing Authority Progress Report - Deanna L. Watson, Executive Director. Deanna Watson distributes information to the Council. Provides Council with some history of the Housing Authority. Discusses some current projects. General discussion. 2. City Attorney Report: Susan Buxton: Report on meeting with Boise City on the Impact Area negotiations. Reports on progress with Drainage District #2/Edge Development. Mr. Bradbury will provide me an agreement by Friday. Chase Mart has ordered the fixtures to replace the broken lights. 3. City Engineer Report: Vern Brewer: Reports on letter from DEQ about qualifying for funds for City Water System. The City does not qualify for this program. Eagle Water's application for a new well have no affect on the City water system. General discussion on gasoline additive in groundwater. 4. City Clerk/Treasurer Report: Financial reports for October disttSbuted. AIC Legislative Conference is February 2-3. Distribute memo on street lights. Report on the Eagle Fun Days meeting. Joint Meeting with P&Z is scheduled for Monday, January 31st, 7:00 p.m. is a social hour with pizza and the meeting will start at 8:00 p.m. General discussion on what can be discussed with P&Z on annexation and impact area. 5. Zoning Administrator's Report: Butler: Reports on the letters that are to go out to Mr. DeShazo. Council concurs to have nuisances letter from City Clerk to be sent. Discusses internal and external illuminated signage. Discussion on setting up meeting with Jim Carberry, Meridian School District. 6. Mayor and Council's Report: Continued to end of the meeting. REGULAR COUNCIL AGENDA: 7:40 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 Commission, or Design Review Board shall be adopted as part of the City Council's Consent Agenda approval motion unless specifically stated otherwise. A. Minutes of January 11, 2000. B. Minutes of January 12, 2000. C. Claims Against the City. D. Findings of Fact & Conclusions of Law for a rezone from R-4 and M-lA to C-3- DA for Sharon Patterson: Project Summary: Sharon Patterson is requesting a rezone from R-4 (Residential) and M-lA (Industrial Park District) to C-3-DA (Highway Business District with a development agreement). The 1-acre site is located on the southeast comer of State Highway 55 and Hill Road at 2809 Hill Road. (MLB) Bastian moves to approve the Consent Agenda. Seconded by Sedlacek. Discussion. Merrill removes Item 4D from the Consent Agenda. Bastian amends the motion to remove Item 4D and approve the amended Consent Agenda. Seconded Concurs. ALL AYE: MOTION CARRIES .................... 4D. Findines of Fact & Conclusions of Law for a rezone from R-4 and M-lA to C-3-DA for Sharon Patterson: Project Summary: Sharon Patterson is requesting a rezone from R-4 (Residential) and M-IA (Industrial Park District) to C-3-DA (Highway Business District with a development agreement). The 1-acre site is located on the southeast comer of State Highway 55 and Hill Road at 2809 Hill Road. (MLB) Merrill: I need a clarification from Staff. I'm looking at the Development Agreement for the Patterson property. There is a section that has been left out and I don't find an indication that Council took it out. Article 2 of Page 2 of 6. We don't have under Article 2 the 2.4. Where the applicant shall provide an access easement for the parcel to the East to use the parcel for access to public streets. Merrill moves to amend the Findings of Fact & Conclusions of Law for Case Number RZ- 6-99 to include Article 2.4 from Article 2 Conditions of Development from the January 11, 2000, City Council meeting of RZ6-99 Rezone R-4 from M-lA to C-3-DA. Seconded by Bastian. Discussion. ALL AYE: MOTION CARRIES ............... Merrill moves to change the agenda: Add under New Business 8K. Letter of Commitment for the Parks and Recreation Grant. Move Item 6E to 6A. Seconded by Bastian. ALL AYE: MOTION CARR/ES .............. 5. FINAL PLATS: None 6. UNFINISHED BUSINESS: E. Eagle Market Place CU-7-98 Waiver of Conditions - Bill Hodges: Bill Hodges is requesting a waiver of the condition requiring a pathway on the east side of the property and proposing a fence design for the north west side of the property. (MLB) Mayor introduces the issue. Butler: For clarification: the agenda item states Hodges is asking for a waiver of the pathway not a waiver for the fence. Hodges is asking for a new design for the fence. You have a letter where Hodges is asking for a waiver on the awnings. Bill Hodges, 1832 Spring Meadow Lane, Boise, discusses the masonry wall at Eagle Marketplace and displays an overhead showing the wall on the site plan. Distributes photos of the existing wall, placement of the transformers and utilities. Discussion on using a vinyl fence on a portion of the wall that would be in close proximity to the trees. General discussion. Reports on the discussion with Mr. Nasman in regards to the trees. Discussion in regards to ITD extending the wall North along Mr. Nasman's property. Proposes a vinyl fence that would save the trees, it would tie into the fence proposed by ITD. Discussion on bonding for a vinyl fence and worldng with ITD on the fence. Bastian moves to allow a different design for the screen fence and allow the developer to build a vinyl fence for the type indicate in the document Vinyl Products of the type shown in the middle picture on the last page. Seconded by Merrill. Discussion. Bastian amends his Motion to include: To meet the requirements for a view triangle and to be built in cooperation with ITD. Seconded concurs. ALL AYE: MOTION CARRIES ............. Bill Hodges: Discusses the request for waiver of the condition requiring a pathway on the east side of the property. General discussion. Merrill moves to waive Condition #5 referring to the pathway on the east side of the driveway on the Country Plaza. Seconded by Bastian. ALL AYE: MOTION CARRIES ................. Bill Hodges: Discusses the green canvas awnings that w~re originally intended to hold signage. This would be overkill and we don't need the green awnings. I'm proposing signage that would be more consistent through the project than white stencil on the green awnings. General discussion. Bastian moves to continue the matter of the awnings until the design review of this shopping center comes before us. Seconded by Merrill. ALL AYE: MOTION CARRIES ................. Bill Hodges: Discusses the irrigation water and the problems with Mr. Liley. We have a signed agreement with Mr. Liley that he will pass the water on to his neighbor. The system is partially completed but Mr. Liley will not allow Steed Construction to trespass on his property to complete the system. Hodges reads Mr. Liley's letter into the record. Buxton: Water rights run with the land. We don't want to interfere with anyone's water rights. This appears that this is a fight between the neighbors at this point and a civil issue between the neighbors. There is not much that the City can do at this point. Jim Liley, Discusses the irrigation water issue. Buxton: There evidently is a Letter of Credit on this issue. I suggest that you table this item until it can be worked out between the parties. A. ZOA-3-99 {Ordinance No. 357) - Zoning Ordinance Amendment - Eagle River LLC: Eagle River LLC, represented by Clark Development is proposing to amend Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts and Maps", Section 3 "Schedule of District Use Regulations to amend the list of permitted, conditional, and prohibited uses within the "MU" zoning designation. The proposed amendment will create more permitted and conditional uses, thus decreasing total prohibited uses making the "MU" zoning designation less restrictive than it is in its current form. This item was continued from the January 11, 2000 meeting. (MLB) Mayor introduces the issue. 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 #357 be considered after being read once by title only. Merrill reads Ordinance #357 by title only. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ................. Merrill moves that Ordinance # 365 be adopted. Seconded by Sedlacek. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; ALL AYE: MOTION CARRIES ................. B. RZ-2-98 - Eagle River Development (Grossman Properties) - Eagle River, LLC: Eagle River, LLC, represented by Bill Clark, is requesting a rezone from A (Agriculture) and M-1A (Industrial Park District) to PS-DA (Public/Semi-Public), C-3-DA (Highway Business District), and MU-DA (Mixed Use) with a development agreement. A portion of thc proposed change fi.om the residential land use designation to the Public/Semi Public land usc designation and M- lA zoning designation to PS-DA zoning designation is City initiated for a City park. Thc 93- acre site is located on the southeast corner of State Highway 44 and S. Eagle Road. This item was continued from the January 11, 2000 meeting. (ML8) Mayor introduces the issue. Butler: Discusses the Proposed Development Agreement. Changes on Page 9, 3.2.22 and Page 10, 3.2.27. General discussion on the Proposed Development Agreement. Page 4, 3.2.2. Mcrrill's intent was to eliminate this paragraph. Bill Clark discuss 3.2.2, Page 4, regarding the height and special conditions and circumstances in regard to the Hotel site. Ed Miller further discusses the height variance for the Hotel site. General Council discussion. Butler: Merrill's motion was to remove this paragraph. Council concurs to delete this Paragraph. General Council discussion on the pathway, Executed Development Agreement, Page 9, 3.2.23. Bill Clark: Displays a site plan showing the pathway and discusses the same. General discussion. Merrill: Discusses the removal of gravel near the bridge and having tracks move through the subdivision. Discussion on 3.2.10, emergency access points to the Boise River for the use of repair and rescue equipment and personnel. General discussion. Merrill: Page 7, 3.2.12. We haven't continued the landscaping to Edgewood. What is the intent. Bill Clark: Refers to Exhibit Al. Discusses the pathway and landscape buffer that would continue to Edgewood. Merrill: If we do not have access to the Well's property how are we going to move people. Bill Clark: Discusses the proposed pathway plan through the project. General discussion. Merrill moves to approve RZ-2-98 Eagle River Development Agreement with these changes: 3.2.2 eliminate the sentence starting with the word "Regarding the height of the Hotel and ending with the last word "traveling motorist.; clarify item 3.2.23: Development shall provide pedestrian/bicycle public access to the paved pathway along the Boise River as required by the Comp Plan. Seconded by Bastian. ALI, AYE: MOTION CARRIES ..................... Merrill moves that Exhibit A1 be modified to reflect the language in the Development Agreement. Seconded by Bastian. ALL AYE: MOTION CARRIES ................ C. Resolution 00-04 - Proposed land exchange agreement ]Eagle River/Reid Merrill, Sr. Park]: (SEB) Mayor introduces the issue. Buxton: Provides some history on the land exchange agreement and the closing dates. This resolution extends the closing to February 23, 2000. Buxton reads the Resolution. I would like the City Council to approve this with instructions to legal counsel and staff to work through the Exchange Agreement. Bastian moves to approve Resolution No. 00-04, a Resolution of the City of Eagle, Ada County Idaho, approving and authorizing the execution of a letter agreement for the second extension of closing date of Exchange Agreement and Joint Closing Instructions: Eagle River, LLC and the City of Eagle; and authorizing the Mayor to sign the Letter Agreement; and providing an effective date; contingent upon the Exchange Agreement conforming to the Development Agreement and reflecting the issues raised acquiring the Wells Property, staff and legal council will bring the changes back to the City Council at their next regularly scheduled meeting. Seconded by Merrill. ALL AYE: MOTION CARRIES ............... Mayor calls a recess at 9:15 p.m. Mayor reconvenes the meeting at 9:30 p.m. D. Determination of terms of office for the Park and Pathway Development Committee Members: (SKM) Mayor introduces the issue. Mayor recommends the following: One year term: Mike Hummel; 2 year term: Dan Torfin, Sandy McDonald, Charles Feguson; 3 year term: Angela Decker, Dave O'Kerland, Matt Glavach. Merrill moves to approve the recommendations made by the Mayor. Seconded by Bastian. ALL AYE: MOTION CARRIES ............... E. Ea*,le Market Place CU-7-98 Waiver of Conditions - Bill ltodges: Bill Hodges is requesting a waiver of the condition requiring a pathway on the east side of the property and proposing a fence design for the north west side of the property. (MLB) Moved to the beginning of Unfinished Business. F. Resolution 00-03: - A Resolution Authorizing A Limited Conflict Of Interest Waiver, And Providing An Effective Date. (VB) Mayor introduces the issue. Vem Brewer, Holladay Engineering: This a resolution that was discussed at the last City Council meeting. Merrill moves to approve Resolntion 00-03, A Resolution Authorizing a Limited Conflict of Interest Waiver, and providing an effective date. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ............... 7. PUBLIC HEARINGS: A. ZOA-5-99 - Zoning Ordinance Amendment - BB One, LLC: BB One, LLC, represented by Stephen A. Bradbury: The applicant is proposing to amend Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts and Maps", Section 3 "Schedule of District Use Regulations" and Chapter 3 "Performance Standards", Section 3 "Supplemental Yard and Height Regulations" to allow height exceptions to new buildings along the Boise River as conditional uses in L-O, C-l, C-2, C-3, M-l, M-lA, M-2, and M-3 zoning districts. The current maximum building height for any building in the City of Eagle is 35-feet. This proposal, in part, will allow the maximum building height for buildings along the Boise River to extend up to 54-feet high. (MLB) Mayor introduces the issue. Steve Bradbury, representing the Applicant. Displays an overhead entitled "Height Exceptions" and discusses the same. Discusses the proposed Zoning Ordinance Amendment. Dennis Baker, Applicant, discusses the zoning ordinance amendment. Discusses the reasons for a 3 story building. Butler: This is a design issue and should be left up to the Council. There is a letter that came in that is against the change. Mayor Opens the Public Hearing. No one has signed up to speak to the issue and no one in the audience wishes to speak. Bastian would like to hear from the architect as to why we should change the ordinance. Rick Hunter, 2874 E. Park River, Boise, discusses the advantages of changing the ordinance to allow for a three story building. Randy Steed, representing the applicant, discusses height and buildings in regards to the construction requirements. Mayor closes the Public Hearing. General Council discussion. Sedlacek moves to deny ZOA-5-99 Zoning Ordinance Amendment. Seconded by Merrill. Discussion. ALL AYE: MOTION CARRIES ................ 8. NEW BUSINESS: A. Aooroval of Contract chan~e order for Ada Countv/Eaele Snorts Comnlex: (SKM) Mayor introduces thc issue. Merrill discusses thc need for thc change in the Contract with regard to the vehicle gate~ Merrill moves to accept the Contract Change Order for the Eagle Skateboard Park in the amount of $2,737. Seconded by Bastian. ALL AYE: MOTION CARRIES ................ B. Applicant request for reconsideration ofPP-2-99 - Colony II Subdivision - Craig and Kristen Van Engelen: Craig and Kristen Van Engelen are requesting City Council reconsideration for the Colony II "Revised" preliminary plat, a 50.27-acre, 49 lot (47-buildable) residential subdivision located on the south side of Floating Feather Road approximately ½-mile west of Ballantyne Road. (MLB) Mayor introduces the issue. Buxton: Discusses a recent Court case on reconsideration. This would fall under this Court case. I don't believe that you have the ability to consider this reconsideration. The Van Engelens made some changes in their plan so this would have to completely start the process again. General discussion. Bastian moves to remand PP-2-99 the Colony II back to Planning and Zoning for reconsideration based on the changes to the plan. Seconded by Merrill. Discussion. ALL AYE: MOTION CARRIES ............ C. 99-31-ZC - Rezone From RT To R1 - Charles Ward: Charles Ward with Annclisc Development, LLC, is requesting a rezone from RT (Rural Transition) to R1 (Estate Residential). Thc 63.36-acre site is located on the south side of Beacon Light Road approximately 800-feet west of Park Lane. This site is located in the Eagle Area of Impact. (MLB) Mayor introduces the issue. Butler: Item C and D arc connected. These arc Ada County Transmittals. Charles Ward, 435 E. Columbia, Meridian, discusses thc request for a rezone. Discusses the amenities to the subdivision. Jim Howard, JJ Howard Engineering, we concur with the Staff findings presented to the Planning and Zoning Commission. During that hear there were three conditions that were imposed that wc are concerned about. These conditions concern density and environmental assessment plan. We agree with thc environmental assessment plan. Discusses thc density issue. Distributes copies of a map to Council showing area subdivisions with same density. Charles Ward, discusses canal easement with Drainage District and Dry Creek. General discussion between Jim Howard and Council. Roger Braun, 4840 View Place, Meridian, we studied the ground water. Discusses water table conditions. Legal Counsel for Mr. Ward, discusses the subdivision. Thc Staff Report and conditions arc all acceptable. The problem is with the density recommended by the Planning and Zoning Commission. Butler: Displays an overhead of thc site plan and discusses the issue of density and the recommendation of the Planning and Zoning Commission. General discussion. Bastian moves to approve 99-35-PDR Callaway Ranch Subdivision Preliminary Plat as proposed with the Site Specific Conditions of the Planning and Zoning Commission. Seconded by Merrill. Discussion. Bastian withdraws thc Motion. Second withdraws. Bastian moves to approve 99-31-RC-Rezone from RT to RI with the following conditions in conformance to Eagle City: 1. The maximum density for this site of 0.3 units per acre; 2. Provide larger acreage lots next to existing lots (similar in size) and provide a mixture of lot sizes with the subdivision. The minimum lot size shall remain 1.8 acres; 3. The applicant shall submit an Environmental Assessment Plan (application on file at the City of Eagle) to address environmental and groundwater concerns specifically relating to the impact the proposed new residential dwellings will have on the site and surrounding properties. That the rezone application fee of $1,617.20 be paid. Seconded by Sedlacek. Discussion. ALL AYE: MOTION CARRIES ............. D 99-35- PDR - Callaway Ranch Subdivision Preliminary Plat - Charles Ward; Charles Ward with Annelise Developmant, LLC, is requesting preliminary plat approval for Callaway Ranch Subdivision, a 63.36-acre, 34-1ot (31-buildable) residential subdivision located on thc south side of Beacon Light Road approximately 800-feet west of Park Lane. This site is located in the Eagle Area of Impact. (MLB) Bastian moves to approve 99-35-PDR Callaway Ranch Subdivision Preliminary Plat with the Site Specific Recommendations of Planning and Zoning and with Staff recommended conditions and the Standard Conditions of Approval. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ............... E. 99-23-A- Appeal of Ada County's Director of Development Services determination that property is zoned R1 not C-2 - Aaron Cullim: Aaron Cullim, represented by Mike Macgowen, is appealing the decision of Ada County's Director of Development Services determination that the applicant's property is correctly zoned R-4 and was not zoned C-2 by the 1968 zoning ordinance as claimed by the appellant. The 1.26-acre site is located on the south side of State Highway 44 near the intersection N. Sierra View Way and State Highway 44 at 2825 W. State Street. (MLB) Mayor introduces the issue. Butler: Displays an overhead of the site plan and discusses the same. General discussion. Sedlacek moves that we uphold Staff's recommendations and uphold the decision of Ada County's Director of Development Services determination that the Cnllim property is correctly zoned RI residential. Seconded by Merrill. ALL AYE: MOTION CARRIES ............... F. Ordinance 365 - Patterson Property: An Ordinance Changing The Zoning Classification Of The Real Property Described Herein From R-4 (Residential) And M-1 a (Industrial Park District) Classifications To C-3-Da (Highway Business District With A Development Agreement) Classification; Amending The Zoning Map Of The City Of Eagle To Reflect Said Change; And Providing An Effective Date.(MLB) Mayor introduces the issue. 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 #365 be considered after being read once by title only. Merrill reads Ordinance #365 by title only. Seconded by Bastian. ALL AYE: MOTION CARRIES ................. Merrill moves that Ordinance # 365 be adopted. Seconded by Bastian. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; ALL AYE: MOTION CARRIES ................. G. Ordinance 364 - Wroten Proptery: An Ordinance Changing The Zoning Classification Of The Real Property Described Herein From A (Agricultural) Classification To R-2-Da (Residential - Two Units Per Acre Maximum With A Development Agreement) Classification; Amending The Zoning Map Of The City Of Eagle To Reflect Said Change; And Providing An Effective Date. (MLB) Mayor introduces the issue. 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 #364 be considered after being read once by title only. Merrill reads Ordinance #364 by title only. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ................. Merrill moves that Ordinance # 364 be adopted. Seconded by Sedlacek. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; ALL AYE: MOTION CARRIES ................. H. COMPASS (Previously APA) Transportation Improvement Plan {TIP): (MLB) Mayor introduces the issue. Sedlacek moves to continue Item #H, Compass Transportation Improvement Plan to the February 8, 2000, City Council meeting. Seconded by Bastian. ALL AYE: MOTION CARRIES ............ I. Discussion of the possible creation of an Arts/Cultural Commission. (RY) Mayor introduces the issue. Bastian moves to continue the discussion on the creation of an Arts/Cultural Commission to the February 8, 2000, City Council meeting. Seconded by Merrill. ALL AYE: MOTION CARRIES ............. J. Discussion of a Transportation Task Force: (RY) Mayor introduces the issue. Sedlacek moves to continue the discussion of a Transportation Task Force to the February 8, 2000, City Conncil meeting. Seconded by Merrill. Discussion. ALL AYE: MOTION CARRIES ................. K. Letter of Commitment on Pathway Grant. Merrill provides Council information on the grant and the commitment letter needed for the grant application. Merrill moves to send a letter of commitment for $370,000 for the Parks and Recreation Grant match. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ............... Mayor and Council Reports: Sedlacek: We need to get a Conditional Use Permit for the Scenic Byway Interpretive Center. There is a $348 application fee I would like to have waived. The Mayor will call Roger Simmons and request a waiver of the application fee. General discussion. The Sewer District Board voted to move forward with the master plan which puts a lift station on Linder Road and State Street to provide sewer service to the Camille Beckman project. This will be the first step towards service to Eagle Island State Park. Bastian: No report. Sedlacek: Thursday, January 27', the City/Ada County Park goes before Ada County Planning and Zoning for Conditional Use Permit. Do a letter of support from the City Council. Mark will attend this meeting to represent the City. Merrill: The Parks Committee is just starting on the Hill Road Park. We have had some interest from soccer groups. Design Review will be making recommendations to City Council on problems that they foresee on applications. I'm working with Tracy and Martina on America's Promise. February 10th I'm with Idaho Rural Parmership on the Community Assessments. Mayor: Discusses a storm drainage issue on the Northeast comer of Eagle Road and the Bypass. We need to write a letter to ITD. Someone has to deal with this problem. Butler: I have asked Veto, Holladay Engineering, to write a letter and I have talked to Ron Bath about the situation. Merrill: I had a conversation with Dave Bivens today. Dave and Guerber have been working on the Ballantyne Road issue. All the parties, including ITD, have agreed to sit down to the table and discuss this issue. A meeting will possibly be scheduled for next week. General discussion on the purchase of the Well's property. 9. ADJOURNMENT: Merrill moves to adjourn. Seconded by Sedlacek. ALL AYE: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 11:45 p.m. Respectfully submitted: ¢:,'..~ ......~:~ ~ ~.~ ~H~bN K. MOO~ t ~: ~ ..... CITY CLE~AS~R APPROVED: RI C'I~ YZA~]~,E, MAYOR kl Page 10 K:/CODNCILLMINUTES\Tempor ary Minutes Work Area\CC-01-25-00mln doc