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Minutes - 2000 - City Council - 10/17/2000 - RegularEAGLE CITY COUNCIL MINUTES October 17, 2000 ORIGINAL PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m. I. Ada County Sheriff's Office: Sgt. Patrick Calley will present the monthly report for September. Sgt. Calley distributes thc monthly report to thc City Council and discusses the same. Discussion on traffic issues. Sub-Station is at full staff, 24 hours a day, seven days a week. Discussion on drug activity. 2. City Attorney Report: No report. 3. City Engineer Report: Discussion of drainage and landscape problems at the Library Site. Veto Brewer, Holladay Engineering, displays an overhead of the landscaping plan and discusses the issues of the trees that are dying and/or are dead. Discusses the meeting that was held at the Library to address the trees, irrigation and drainage. A core sample was taken to determine the water level. Discussion on Holladay Engineers September 26, 2000, memo in regards to the drainage and landscaping problems. Recommends placing monitors around the library to monitor the ground level water. The monitors cost $400 a piece and 10 monitors are needed. General discussion. A letter should be written to the contractors on the Library project that the City is not accepting the project in regards to warranties. 4. City Clerk/Treasurer Report: Discussion on the contracts for Parks Maintenance in regards to a automatic renewal contract. 5. Zoning Administrator's Report: No report. 6. Mayor and Council's Report: Guerber: Reports on the Air Quality Board meeting. General discussion. Merrill: Park meeting is tomorrow night. Will review the fees for the Master Plan for Reid Merrill Park. Will be reviewing samples for the park signs. Discussion on playground equipment. Bastian: No report. Sedlacek: Reports on the Scenic By-Way. Reports on the entry sign area and the negotiations with Lloyd Campbell. 15 trees from Jakers can be used for this site. General discussion. Council concurs to go ahead with the trees. 15 trees will be warehoused at the Merrill Egg Farm until such time that the trees can be planted in a park. Discussion on the NE comer of State Street and Linder Road that is in our impact area. Planning and Zoning Department is to check on annexing this property into the City. I am going to resign from Ida-Ore Board of Directors. Mayor: Morgan Masner has offered a Christmas tree to be placed in Heritage Park. I have looked at the tree and it is probably to big to be put in the Park. Council concurs to pass on the tree. REGULAR COUNCIL AGENDA: 7:30 p,m. 1. CALL TO ORDER: 2. ROLL CALL: Bastian, Merrill, Sedlacek, Guerber. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Merrill moves to amend the Agenda as follows: 1. Add to the Consent Agenda as Item #I. Approval for the Building Wall Sign for the Eagle Historical Museum; 2. Item #F. under New Business add to the Consent Agenda as Item #J; 3. Add to New Business as Item #H. Ground Water monitors for the Library. Seconded by Guerber. ALL AYE: MOTION CARRIES ........................... 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. Claims Against the City. B. Minutes of September 26, 2000. C. Minutes of October 5, 2000. D. Beer and Wine License Approval: Roque's is requesting approval of a beer and ~vine license to be used at 3210 E. Chinden Blvd. Ste. 101. (SKM) E. Findings and Conclusions for RZ-6-00/PPUD-5-00/PP-7-00/CU-7-00 - Sprin~ Creek Associates LLC: Spring Creek Associates LLC, represented by Mark Butler with Land Consultants Inc., is requesting a rezone from R-4 (Residential - four units per acre) to MU-DA-P (Mixed Use - with Development Agreement-PUD), conditional use, planned unit development preliminary development plan, and preliminary plat approval for Spring Creek III. The 4.6-acre, 20-lot (18-residential, 1-commercial, and 1-common) subdivision is located on the northwest comer of Eagle Road and Ranch Drive extended at 653 North Eagle Road.(WEV) F. RZ-5-00 - Rezone from R-4 to CBD-DA - Definitive Properties: Definitive Properties, represented by James Gipson Associates, is requesting a rezone from R-4 (Residential) to CBD-DA (Central Business District - with development agreement). The 0.45-acre site is located on the south side of Aikens Road approximately 300- feet east of Eagle Road at 123 East Aikens Road. (WEV) G. Findings and Conclusions for RZ-8-00 - Mercy Housing Idaho, Inc: Mercy Housing Idaho, Inc., represented by Rich Kenny, is requesting a rezone from R-4 (Residential) to MU-DA-P (Mixed Use - with development agreement-PUD). The 5.73-acre site is located on the east side of Eagle Road approximately 1,760-feet north of State Street at 544 North Eagle Road. (WEV) H. Direct the Mayor to write a letter confirming the Park and Pathway Development Committee's recommendations regarding the Master Plan for Eagle Island State Park. (NM) I. Approval of the Building Wall Sign for the Eagle Historical Museum. J.8F. Authorization of Mayor's signature on bill of sale for the temporary skateboard park equipment. (SKM) Guerber removes Item iii from the Consent Agenda. Bastian moves to approve the Consent Agenda as amended. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ......................... 4I. Approval of the Building Wall Sign for the Eagle Historical Museum. Guerber: I would like some clarification and more information on what this sign is going to look like. This will be a City sign and I would like to be sure it is not tacky. Geneva Trent: The sign will be out of a sheet of plywood and will be coated for weather proofing. The Eagle will be cut out of metal and protrude from the sign about an inch. It is not going to be a tacky sign. General discussion. Council would like the Historical Commission to work with Council Member Merrill on the sign. Guerber moves to approve the Building Wall Sign for the Eagle Historical Museum. Seconded by Bastian. ALL AYE: MOTION CARRIES ........................ 5. FINAL PLATS: None 6. UNFINISHED BUSINESS: A. Ordinance No. 377: Establishing Davcare reeulations: This item will be continued to the November 14, 2000 meeting. Sedlacek moves to continue Ordinance No. 377 to the November 14, 2000, meeting. Seconded by Merrill. ALL AYE: MOTION CARRIES ................ 7. PUBLIC HEARINGS: A. A-4-00 & RZ-3-00 - Annexation and Rezone from RT to R-E - FAM Develoners. Inc: FAM Developers Inc., represc~nted by Roylance and Associates P.A., is requesting annexation and a rezone from RT (Residential - one unit per five acres) to R-E (Residential - one unit per two acres). The 15-acre site is located at the northeast comer of Ballantyne Lane and Floating Feather Road.(WEV) B. Oaklev Estates Subdivision - A-4-00/RZ-3-00/PP-6-00 - FAM Develoners Inc.: FAM Developers Inc., represented by Shelley Strate with Stetson Homes, is requesting an annexation and rezone fi-om RT (Residential - one unit per five acres) to R-E (Residential - one unit per two acres) and preliminary plat approval for Oakley Estates Subdivision. The 15-acre, 8-lot (7- hnildable) residential subdivision is located at the northeast comer of Ballantyne Lane and Floating Feather Road. Mayor introduces the issues. Item #A & B will be heard together. Mayor opens the Public Hearing. Mayor swears in Stan Ray. Stan Ray, I am one of the owners of this project. Displays an overhead of the site plan and discusses the project. John McFadden: I am stepping in for the Zoning Administrator. Discusses the project and recommended changes. General discussion between Council, McFadden and Mr. Ray. Mayor: No one has signed up to speak to this matter and no one from the public wishes to speak to the project. Mayor closes the Public Hearing. General Council discussion. Merrill moves to approve A-4-00 Annexation. Seconded by Sedlacek. ALL AYE: MOTION CARRIES .......................... Merrill moves to RZ-3-00 Rezone from RT to R-E for FAM Developers, Inc. Seconded by Bastian. Discussion. ALL AYE: MOTION CARRIES ....................... Merrill moves to approve PP-6-00 Oakley Estates Subdivision with Standard Conditions of Approval and Site Specific Conditions of Approval as presented and 2 more conditions: 1. Keep the 35' buffer as proposed by staff; 2. Lighting on Janet Place: Each individual lot shall have a free standing individual yard light located within 5' from the street, the individual yard light is to reflect on the s-curves and the end of the cul-de-sac for traffic safety. Seconded by Bastian. Discussion. Merrill amends the motion to state: A minimum of a 5' berm, or berm masonry or vegetation, the vegetation would always be green, always be a barrier and planted closely enough to be a sound buffer. Second concurs. ALL AYE: MOTION CARRIES ........................ C. RZ-9-00/PPUD-6-00/PP-9-00/CU-9-00 - Picadill¥ Village Planned Unit Development - Stacia Patterson: Stacia Patterson, represented by Mark Butler with Land Consultants Inc., is requesting a rezone from R-4 (Residential four units per acre) to MU-DA-P (Mixed Use - with Development Agreement-PUD), conditional use, planned unit development preliminary development plan, and preliminary plat approval for Picadilly Village Subdivision. The 6.87- acre, 19-lot (16-residential, 2-commercial, and 1-common) subdivision is located on the southwest comer of State Highway 55 and Hill Road. Mayor introduces the issue. Mayor opens the Public Hearing. Guerber: I have some concerns in regards to the letter we received from Mr. John Evans. Would we be better offto continue this as requested by Mr. Evans or should we continue and then make a decision or table. I think it would be appropriate to have Mr. Evans appear before Council to discuss his concerns. General discussion. Mayor swears in Mark Butler. Mark Butler, 222 E. State Street, Eagle, representing the applicants. Displays overheads of the project and discusses the same. Discussion on the Development Agreement. Mayor swears in Dave Szplett. Dave Szplett, Traffic Engineer with the Washington Group. I have previously submitted a letter to the City outlining traffic concerns to this site. Discusses traffic issues and access. Vaughan: Discusses the project and the uses. I would encourage your discussion on the access roadway, the private streets in this development and a stub street to the south. Mayor swears in Steve Deckers. Steve Deckers, 2249 Dickey Circle. I was not at the first hearing before Planning and Zoning and I recused myself from the second hearing before Planning and Zoning. Discusses the permitted uses. What I am presenting you tonight was not presented to Planning and Zoning. Mayor swears in Anna Powell. Anna Powell, I want to thank you for bring up Mr. Evans letter. It if is your intention to continue this matter I have nothing else to say. Steve Deckers, If you are not going to have stub streets I would like to see inter-connecting pathways. Butler: I met with the Economic Development Committee and they saw no conflict with the downtown business. Sedlacek: I would really like to see something from the Drainage District. Discussion on inter-connections, private and public roads. Mayor swears in Matt Bond. Matt Bond, Attorney for applicant. Discusses the Council continuing this matter. Discusses Mr. Evan's letter. City Attorney: You have adequate time to consider this matter. The clock has started tonight. Bastian moves to continue the Public Hearing until the next regularly scheduled City Council meeting on October 24, 2000. Seconded by Merrill. ALL AYE: MOTION CARRIES .................. Mayor calls a recess at 9:25 p.m. Mayor reconvenes the meeting at 9:30 p.m. D. Eagle Forum Subdivision - PP-11-00 - Waldron/Graham/Eagle Gravel Corporation: Waldron/Graham/Eagle Gravel Corporation, represented by Mark Butler with Land Consultants Inc., is requesting preliminary plat approval for Eagle Forum Subdivision. The 5.95-acre, 5-lot commercial subdivision is located east of Eagle Pavilion Shopping Center at the southeast comer of 2~a Street and Cedar Ridge Drive. Mayor introduces the issue. Mayor opens the Public Hearing. Mr. Butler is still under oath. Mark Butler, representing the applicant, displays an overhead of the site plan and discusses the same. We have read the staff report and are in agreement with the report. Vaughan: Displays an overhead of the vicinity map and discusses the same. Displays an overhead of the Preliminary Plat and discusses the same. Staff recommends approval of this application with conditions. Discussion on the conditions. Discussion on recommendations of further conditions. General discussion. No one has signed up to speak and no one from the public wishes to speak to this matter. Butler: There are no buyers at this time that is why there are no specifics. Discussion on access ways and Cedar Street. General discussion. Mayor closes the Public Hearing. Guerber moves to approve PP-11-00 Eagle Forum Subdivision with Conditions set down by Planning & Zoning as well as clarification that funding for completion of the road to the North take place in order assure appropriate access and that compliance take place with the previous agreement with regard to landscaping along the By-Pass. Seconded by Merrill. Discussion. Guerber amends the motion to state: That the buffer be completed prior to the second building permit and the dead and dying landscaping with the Pavilion be brought up to compliance as well as the drainage on the corner that is addressed in the Development Agreement. ALL AYE: MOTION CARRIES ...................... E. CU-9-00 - U. S. West Communications Building Addition - U. S. West Communications: U. S. West Communications, represented by Bob Smith with Hutchison Smith Architects, is requesting conditional use approval to construct a 3,478-square foot addition to the existing U. S. West Communications building. The site is located on the southeast comer of Eagle Road and Idaho Street at 62 North Eagle Road. Mayor introduces the issue. Mayor opens the Public Hearing. Mayor swears in Bob Smith. Bob Smith, representing the applicant, provides an overview of the application and the project. We concur with the conditions of the StaffReport. Vaughan: Provides an overview of the project. This is an expansion of an existing use. Staff and the Planning & Zoning Commission recommendation approval with conditions. Discussion of the conditions. No one is signed up to speak to this issue and no one from the public wishes to speak to this matter. Mayor closes the Public Hearing. General Council discussion. Gnerber moves to approve CU-9-00 U.S. West Communications Bnilding Addition. Seconded by Bastian. Discussion. ALL AYE: MOTION CARRIES ........................ F. ZOA-3-00 - Zoning Ordinance Amendment - City of Ea~le: The City of Eagle is proposing to amend Eagle City Code Title 9 "Land Subdivisions", Chapter 1 "General Subdivision Procedures", Section 6 "Rules and Definitions" to change the definitions of Subdivision, Original Parcel of Land, Lot and adding definitions for Parcel, Contiguous Parcels, Comprehensive Plan, Preliminary Plat, Final Plat; and to amend Chapter 2 "Subdivision Plats and Procedures", Section 8 "Lots Splits" to nan'ow the applicability of the lot split procedure. The Zoning Administrator requests that this item be remanded back to the Planning and Zoning Commission to review additional changes needed (WEV) Mayor introduces the issue. Gnerber moves to remand this item back to the Planning and Zoning Commission to review additional changes needed. Seconded by Merrill. Discussion. ALL AYE: MOTION CARRIES ................. 8. NEW BUSINESS: A. DR-37-00 - Addition to U S West Communication Equipment Building - U S West Communications: U S West Communications, represented by Bob Smith with Hutchison Smith Architects, is requesting design review approval to construct a 3,478-square foot addition to the existing U S West Communication building to accommodate additional telephone equipment. The site is located on the southeast comer of Eagle Road and Idaho Street at 62 North Eagle Road. (WEV) Mayor introduces the issue. Vaughan: The Design Review Board recommended approval with conditions. Bob Smith, applicant. Discusses the project as it was presented to Design Review. Merrill moves to approve DR-37-00 Addition to U.S. West Communication Equipment Building with the site specific conditions of Design Review. Seconded by Sedlacek. ALL AYE: MOTION CARRIES .................... B. LS-5-00 - Lot Split - Barry Peters: Barry Peters is requesting approval ora lot split for the creation of two lots located south of Mace Road at 1487 W. Mace Road, Eagle, Idaho. (WEV) Mayor introduces the issue. Barry Peters, applicant, I would like my comments to also apply to my brother's applicant as they are similar. Displays a site plan and discusses the lot split. General discussion. Bastian moves to approve LS-5-00 Lot Split - Barry Peters. Seconded by Guerber. Discussion. TWO AYE: TWO NAY: MAYOR: AYE: MOTION CARRIES ..................... C. LS-6-00 - Lot Split - Peter A. Wierenga: Peter A. Wierenga is requesting approval of a lot split for the creation of two lots located south of Mace Road at 1501 W. Mace Road, Eagle, Idaho. Mayor introduces the issue. Bastian moves to approve LS-6-00 Lot Split - Peter A. Wierenga. Seconded by Gnerber. TWO AYE: TWO NAY: MAYOR: AYE: MOTION CARRIES ..................... D. Review and annroval of the Idaho Community Development Block Grant (ICDBG) Citizen Participation Plan as proposed by Mercy Housing: Mayor introduces the issue. Jim Birdsall, Mercy Housing, discusses the Citizen Participation Plan. Sedlacek moves to approve the Idaho Community Development Block Grant Citizen participation Plan as proposed by Mr. Birdsall. Seconded by Bastian. ALL AYE: MOTION CARRIES ................. General discussion. E. Resloutiou No. 00-10: A resolution authorizing a limited conflict of interest waiver, and providing and effective date. (SKM) Mayor introduces the issue. Guerber moves to adopt Resolution No. 00-10. Seconded by Merrill. ALL AYE: MOTION CARRIES ................... F. Authorization of Mayor's signature on bill of sale for the temporary skateboard park equipment. (SKM) This item was moved to the Consent Agenda. G. Discussion of Second Street Improvements: Mayor introduces the issue. General Council discussion. (tape 3 side 2) Merrill moves to continue this item to the next regularly scheduled City Council meeting on October 24, 2000, at Pre-Council for discussion on costs. Seconded by Sedlacek. ALL AYE: MOTION CARRIES .................... H. Ground Water Monitoring for the Library. Mayor introduces the issue. Merrill moves to approve up to $5,000 for the ground water monitoring for the Library. Seconded by Sedlacek. ALL AYE: MOTION CARRIES .............................. Mayor: Discusses the Chamber of Commerce leasing office space at the Historical Museum. Michael Shepard has done a punch list for Pauline Hinman at the Museum building. Discusses the items on the punch list and what the Chamber wants the City to provide. General discussion. 9. ADJOURNMENT: Gnerber moves to adjourn. Seconded by Merrill. ALL AYE: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 11:00 p.m. espectfully subm~ttea: ,,**~ ~.~, S~ON K. MOO~ / fi * ~ ' ~' CITY CLE~ASU~R APPROVED: