Minutes - 2000 - City Council - 10/24/2000 - RegularEAGLE CITY COUNCIL
MINUTES
October 24, 2000
ORIGINAL
PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m.
1. Discussion of Neighborhood Enhancement Project on 2nd Street: Barb Cerda. Barb distributes
an estimate of the cost of the project to Council and discusses the same. ACHD wants to know
if the City wants to hire their own contractor to install the improvements or enter into an
agreement with ACHD to install the improvements together with the curb, gutter and sidewalk
improvements. General discussion.
2. City Attorney Report: No Report.
3. City Engineer Report: No Report.
4. City Clerk/Treasurer Report: Monitoring devices will be installed at the Library on
November 7th. Discussion on the joint meeting with Planning and Zoning Commission on
October 30th.
5. Zoning Administrator's Report: Reports on the DeShazo property clean-up.
Reports on the completion of the improvements at the Rocky Mountain Business Park. The
pathway along Highway 44 is almost completed. The Historic Lights are in the process of being
completed. They are not working on the improvements at the Ranch Building. General
discussion.
6. Mayor and Council's Report:
Guerber: No report.
Merrill: Discussion on the letter received from Trail Creek/Echo Creek on irrigation water.
Discussion on the sell of the tot lot in Trail Creek.
Discussion on the proposals from Kean Recreation for the playground equipment in Friendship
Park and Orval Krasen Park. I have also received another proposal and I will take this back to
the Park Committee for review and will present this at a later time to the City Council
Reports on the Eagle City Arts Commission.
Discussion on letter from Eagle Middle School on the traffic problems and the need for some
type of lighting.
Bastian: No report on the Library. Discussion on subdivision lighting and if the City should be
responsible for the maintenance or the Homeowner's Association. Ed Bowden will be scheduled
for Pre-Council to discuss the issue with Council
Mayor: Reports on the Facilities Assessment Committee. The final report should be done in
January, 2001. General discussion.
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:
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. Findings and Conclusions for RZ-7-00 - Rezone from A-R to R-E - Tahoe
Development LLC: Tahoe Development LLC, represented by Mark Butler with
Land Consultants Inc., is requesting approval of a rezone from A-R
(Agricultural-Residential - one unit per five acres) to R-E (Residential Estates -
one unit per two acres). The 40-acre site is located on the west side of
Ballantyne Lane approximately tA-mile north of Floating Feather Road at 1701
Ballantyne Lane. (WEV)
C. Findings and Conclusions for PP-8-00 - Tahoe Ridge Subdivision - Tahoe
Development LLC: Tahoe Development LLC, represented by Mark Butler with
Land Consultants Inc., is requesting preliminary plat approval for Tahoe Ridge
Subdivision, a 40-acre, 19-lot residential subdivision located on the west side of
Ballantyne Lane approximately ~A-mile north of Floating Feather Road at 1701
Ballantyne Lane. (WEV)
D. DR-45-00 - Building Wall Sign for Friends 'N Stitches - Cherrie Newberry:
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 action
taken by the Design Review Board on an application beingfinal. Cherrie
Newberry is requesting design review approval to construct an internally
illuminated building wall sign for Friends 'N Stitches. The site is located on the
north side of State Street within the Kings Shopping Center at 324 West State
Street. (WEV)
E. DR-51-00 - Building Wall Sign for River Rock Alehouse - Todd Lancourt:
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 action
taken by the Design Review Board on an application beingfinal. Todd Lancourt,
represented by Debbie Anderson with Idaho Electric Signs Co., is requesting
design review approval to construct an internally illuminated building wall sign
for River Rock Alehouse located within Eagle Plaza. The site is located on the
north side of Plaza Drive at 228 East Plaza Drive. (WEV)
F. DR-l-97 MOD - Ea~le Academy School Common Area Landscaoine -
Meridian Joint School District No. 2: 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 action taken by the Design Review Board on
an application beingfinal. Meridian Joint School District No. 2, represented by
Phil Hull with The Land Group, is requesting design review approval to modify
the landscaping within Casa Escuela Subdivision. The site is located on the north
side of State Street approximately 1/4 mile west of Edgewood Lane. (WEV)
G. DR-52-99 MOD - Modification to Master Sign Plan for the Marketplace at
Eaele - William Hodees: 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 action taken by the Design Review Board on an
application beingfinal. William Hodges, represented by Stan Oliva with Idaho
Electric Signs, is requesting design review approval to modify the existing
monument signs and to modify thc Chindcn Hardware building wall sign within
The Marketplace at Eagle. The site is located at the northeast comer of Eagle
Road and Chinden Boulevard at 3210 East Chinden Boulevard. (WEV)
H. DR-24-99 MOD - Modification to the Landscape Plan for Rocky Mountain
Business Park - Reid Merrill: 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 action taken by the Design Review Board on an
application beingfinal. Reid Merrill, represented by George Transtmm with
Heartland Construction, is requesting a modification to the approved landscape
plan to allow the Parkway Maples to be substituted with Red Oak, Greenspire
Linden, Patmore Ash, Autumn Blaze Maple and Norway Maple. The site is
located on the south side of State Street, north of Highway 44 and west of
Edgewood Lane. (WEV)
I. LS-7-00 - Lot Split - Carol Vaughn: Carol Vaughn, represented by Mark L.
Butler with Land Consultants Inc., is requesting approval of a lot split for the
creation of two lots located on the north side of Rush Road approximately 2,250-
feet east of Ballantyne Road at 1661 Rush Road. (WEV)
J. LS-8-00 - Lot Split - Lloyd & Maurine Freeman: Lloyd & Maurine Freeman
are requesting approval of a lot split for the creation of two lots located on the
north side of Rush Road, east of Ballantyne Road at 1440 Rush Road. (WEV)
K. LS-9-00 - Lot Split - Ted & Keudra Roberts: Ted & Kendra Roberts are
requesting approval of a lot split for the creation of two lots located on the north
side of West Washam Road approximately 1000-feet east of Ballantyne Road at
1699 West Washam Road. CvVEV)
L. LS-10-00 Lot Split - Ted & Kendra Roberts: Ted & Kendra Roberts are
requesting approval of a lot split for the creation of two lots located on the north
side of West Washam Road approximately 1000-feet east of Ballantyne Road at
1699 West Washam Road.(WEV)
M. LS-11-00 - Lot Split - Eagle Water Co.: The Eagle Water Company is
requesting approval of a lot split for the creation of two lots located West of
Horseshoe Bend Road approximately 1100-feet North of Hill Road at 10255 N.
Horseshoe Bend Road. (WEV)
N. Resolution No. 00-12: A Resolution Of The Eagle City Council To Vacate A
Drainage Easement Along The South And West Side Lot Lines Of Lot 8, Block
1 Of Bonita Hills Subdivision As Shown On The Attachments Hereto; And
Providing An Effective Date.(WEV)
O. Proclamation to establish the November 9th through the 14th to be Forget
Me Not Week in Eagle in Honor of Disabled American Veterans:
Merrill removes Items 4D, 4F and 4J from the Consent Agenda.
Bastian moves to approve the Consent Agenda as amended. Seconded by Gnerber. ALL
AYE: MOTION CARRIES .............................
4D. DR-45-00 - Buildine Wall Sign for Friends 'N Stitches - Cherrie Newberry: 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 action taken by the Design Review Board on an
application beingfinal. Cherrie Newberry is requesting design review approval to construct an
internally illuminated building wall sign for Friends 'N Stitches. The site is located on the north
side of State Street within the Kings Shopping Center at 324 West State Street. (WEV)
Merrill: We have received a letter from the applicant requesting that this item be removed from
the Consent Agenda and remanded back to Staff.
Merrill moves to remand DR-45-00 back to Staff. Seconded by Guerber. ALL AYE:
MOTION CARRIES ..................................
F. DR-l-97 MOD - Eagle Academy School Common Area Landscaping - Meridian Joint
School District No. 2: 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 action
taken by the Design Review Board on an application being final. Meridian Joint School District
No. 2, represented by Phil Hull with The Land Group, is requesting design review approval to
modify the landscaping within Casa Escuela Subdivision. The site is located on the north side of
State Street approximately 1/4 mile west of Edgewood Lane. (WEV)
Merrill: I want to make Council aware that this is the landscaping at the front of the
Academy abutting state street. The Arborist report on the trees on that lot should be
attached to the plat.
Merrill moves to approve DR-l-97 MOD Eagle Academy School Common Area
Landscaping - Meridian Joint School District No. 2 with the added addition that the City
attach the arborist report to any further development of the lots as Site Specific Condition
No. 5. Seconded by Bastian. Discussion. ALL AYE: MOTION CARRIES ..........................
4J. LS-8-00 - Lot Split - Lloyd & Maurine Freeman: Lloyd & Maurine Freeman are
requesting approval of a lot split for the creation of two lots located on the north side of Rush
Road, east of Ballantyne Road at 1440 Rush Road. (WEV)
Merrill: The Applicant has requested that this item be pulled from agenda for further
review.
Merrill moves to remand LS-8-00 Lot Split - Lloyd & Maurine Freeman back to staff.
Seconded by Sedlacek. ALL AYE: MOTION CARRIES ......................
5. FINAL PLATS:
A. FP-6-00 - Final Plat for Wedgewood Subdivision Phase 1 Creigton-Westbend LC -
represented by Steve Benad: The applicant is requesting final plat approval for Wedgewood
Subdivision Phase 1, a 14-lot residential subdivision. The 16.4 acre site is located on the west
side of Locust Grove Road, approximately ¼-mile north of Chinden Boulevard. The site is
within the Eagle City Limits. (WEV)
Mayor introduces the issue.
Steve Benad, applicant, I would like to thank City Staff, especially Bill for all of his help. We
would like to give something back to the City. We would like to give $1,000 towards trees for
the Merrill Park. Discussion on the pressurized irrigation system. General discussion.
Council general discussion.
Merrill moves to approve FP-6-00 Final Plat for Wedgewood Subdivision Phase I Creigton-
Westbend LC represented by Steve Benad. Seconded by Sedlacek. ALL AYE: MOTION
CARRIES ..................
6. UNFINISHED BUSINESS:
A. Discussion and action on Neighborhood Enhancement Proiect on 2nd Street.
Mayor introduces the issue.
General Council discussion.
Guerber moves to indicate to ACHD that the City is willing to pay its share for the
improvements on 2nd Street and enter into a joint effort agreement with ACHD. Seconded
by Merrill. Discussion. ALL AYE: MOTION CARRIES .....................
B. Park Maintenance Contracts for FY 2000/2001:
Mayor introduces the issue.
City Clerk: This matter was discussed at Pre-Council at the last meeting and I would like
Council direction. Traumaan's Lawn and Landscaping is asking for a three year automatic
renewal contract with a 30 day written notice out clause. There would be not price increases
within this 3 year period. General discussion.
Bastian moves to enter into a 3 year agreement with Trautman Lawn and Landscaping for
the maintenance of the City parks and City areas with a thirty day notification of
termination. Seconded by Merrill. ALL AYE: MOTION CARRIES ..........................
7. PUBLIC HEARINGS:
A. A-3-00/RZ-2-00/CU-4-00/PPUD-3-00/PP-3-00 - Countryside Estates Planned Unit
Development - Capital Development and Tom Ricks: Capital Development and Tom Ricks,
represented by Richard Cook with Briggs Engineer/rig, are requesting an annexation and rezone
with development agreement from RT (Rural Transition) and A-R (Agricultural - Residential) to
R-2-DA-P (Residential two units per acm maximum with development agreement - PUD),
conditional use, planned unit development preliminary development plan, and preliminary plat
approvals for Countryside Estates Planned Community. The development consists ora 62.73-
acre, 112-lot (96-buildable) residential subdivision. The site is located at the northwest comer of
Ballantyne Lane and State Street. This item was continued from the September 26, 2000 meeting.
(WEV)
Mayor introduces the issue.
Sedlacek: My family owns adjacent property and I am declaring a conflict o£interest and am
stepping down.
This matter has been renoticed as a Public Hearing and we will proceed accordingly.
Discussion on letters received in regards to notifying property owners within 300'. City Attorney
states that additional notification was not required in accordance with the Land Use Planning
Act.
Mayor opens the Public ltearing.
Mayor swears in JoAnn Butler.
JoAnn Butler, representing the applicant. Distributes a transcript from the last meeting and Site
Specific Conditions of Approval. Tom Ricks will discuss the project and the common area.
Mayor swears in Tom Ricks.
Tom Ricks, applicant, provides an overview of the project and discusses the common area. We
went through the transcript from the last meeting. Discussion on the Chevron Pipeline,
clustering of lots, open space, pathways, useable parks, and less lots and less density. General
discussion.
Vaughan: I would like to address two conditions of approval. Discussion on Site Specific
Condition No. 8 and reads the condition into the records. Discussion on Site Specific Condition
No. 19 and reads the condition into the record. Discussion on Site Specific Condition No. 14 and
reads the condition into the record. Discussion on the City Engineer's letter. General discussion.
Mayor swears in Lynne Sedlacek.
Lynne Sedlacek, 1200 Herford Drive. I think the changes that the developer has made are
pluses. Discussion on the lots within the Chevron Pipeline. Discussion on size of lots.
Mayor swears in Joe King.
Joe King, 170 N. Sierra View Way, you have received a good report from the Planning and
Zoning Commission. Most of the comments on this project are against this project. We want to
see this property developed. In my opinion I don't think this project is compatible with the
general area.
Mayor swears in Brian Rood.
Brian Rood, 2565 W. Confier, discussion on the size of the lots being compatible to the
surrounding area. Discussion on the area zoned Mixed Use. Merrill reads the definition of
mixed use into the record. (tape 2 side 1) Discussion on the phrase of "giving back to the
community".
Mayor swears in Mike Plunkett.
Mike Plunkett, 843 Ballantyne, discusses the issue on the North end. I own this property to the
North and the lane in question. I would like to keep the lane. The intent was not to place a
burden on the homeowner. Discusses the land to the East.
Mayor swears in Mary Ann Robinson.
Mary Ann Robinson, 1229 W. Hereford. I live to the East and I think this would impact the area
with traffic. The community that lives out here is still opposed to the project.
Mayor swears in Jack Zastrow,
Jack Zastrow, 2922 W. Timber Ct., My question is are there any other projects like this that
have been a PUD? The other PUD's are not in the same category as this project. What does the
City get from this subdivision other than a little open space. This project does not have lot
compatibility whatsoever. I have fear what kind of precedent this will establish. General
discussion.
Mayor swears in Steve Care.
Steve Care, ! don't think this project meets the amenities for a PUD. I would like to see a
community pool and teimis courts. A pond would also be nice. These are the kind of amenities
that people look for in a PUD. Lots are not compatible. This is a bad precedent to set.
Discussion on the lot on the North End.
Mayor swears in Carol Rood.
Carol Rood, 2565 W. Conifer, I still see a lot of density. I have concerns with the lots on the
pipeline. We located in Eagle because of the beauty of the subdivision in Eagle. I don't see
enough common area for the community.
Mayor swears in Rod Heller.
Rod Heller, 2760 W. Conifer, My idea of a PUD is Island Woods and Two Rivers. These
developments also have tennis courts. A PUD gives amenities back to the community. A trout
pond or tennis courts would be nice amenities. Compatibility needs to be large lots. The berms
should be nothing less than The Colony and Redwood Creek. There seems to be more smaller
lots than originally proposed.
Mayor swears in Bob Corrigan.
Bob Corrigan 591 N. Sierra View Way, discusses the price of lots in Redwood Creek. I think
there is a lot of economic in larger lots and larger lots would help our subdivision.
Mayor swears in Debbie Reed.
Debbie Reed, 1648 Hereford Drive. I am to the East on a 5 acre parcel. When we moved in it
was 5 acres all around. Personally I would like to see 5 acres. The size of the lots are not
compatible with the area. I am definitely opposed to the project.
Mayor swears in Scott Nordstrom.
Scott Nordstrom, 2590 W. Timber Drive, there is still a question on legal notice. Discusses
substantial change. Discusses the changes from the original plan. I think the road changed and
if it has that is a substantial change. We need to come up with a better way to define PUD.
There are other ways to create amenities. I don't think the project as presented constitutes a
PUD. General discussion.
Mayor swears in Rod Huber.
Rod Huber, 3009 W. Timber Ct., I appreciate what the developer has done with the property
adjacent to Redwood Creek. Discusses how this project will be compatible with future
development in the surrounding area.
Lyrme Sedlacek. Amenities would be: a water entrance, fill a pond with irrigation water, a stand
of trees in a common area, playground equipment in the tot lots.
JoAnn Butler, reads Section 8-6-1a into the record. I'm reading from the PUD Section not the
definition section. Discusses the common open space in a PUD. We have 15%-17% open space.
We have 30 or more fewer units that would be allowed under a rezone. Distributes pictures of
tot lots in Bristol Height that would be provided in this development. We are meeting all of the
criteria for a planned development in the area. ACHD says that Ballantyne Road can handle the
traffic. The school bond has passed. It is not necessarily easier to sell large lots. We need to
plan for all of the citizens. Discusses the North Side of the property. Discusses the Chevron
Pipeline. We do meet the Comprehensive Plan. You have a decision to make on annexation,
zoning and we also have a Development Agreement before you and a decision on the PUD
Application.
Vaughan: Clarify's for the record the density for the site.
Mayor closes the Public ltearing.
General Council discussion.
Tom Ricks, discusses the Plunker property. That property is not part of the annexation and is
not part of this application.
City Attorney discusses annexation.
Mayor swears in Dave Yorgason.
Dave Yorgason, Capital Development. Discusses amenities for the project. Tot lot playground
equipment. Circular pathway. 1 acre open area that could be used for soccer. We think these
are useable amenities.
Continuation of Council discussion.
Bastian moves to approve A-3-00 as proposed, which is the annexation. Seconded by
Gnerber. ALL AYE: MTOION CARRIES ................
Bastian moves to approve RZ-2-00 Rezone from RT and A-R to R-2-DA-P as proposed.
Seconded by Guerber. Discussion. Bastian amends the motion to state: Include the
Development Agreement and the max is 1.47. ALL AYE: MOTION CARRIES ..........
Bastian moves to approve PP-3-00 PPUD-3-00 Preliminary Plat for Countryside Estates Planned
Unit Development as proposed with the Site Specific Conditions of Approval and the Standard
Conditions of Approval. Seconded by Guerber. Discussion. Guerber withdraws his second.
Motion dies.
Guerber moves to continue this item to the November 14, 2000, City Council meeting,
allowing for a further extension if necessary, to allow the Developer the opportunity to
consider the input and decide what their approach might be. This will be noticed as a
Public Itearing. Seconded by Merrill. Discussion. ALL AYE: MOTION
CARRIES ......................
Mayor calls a recess at 10:45 p.m.
Mayor reconvenes the meeting at 11:00 p.m.
B. RZ-9-00/PPUD-6-00/PP-9-00/CU-9-00 - Picadilly 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. This item was continued from the October
17, 2000 meeting.
Mayor introduces the issue.
Sedlacek: I made a mistake and did not declare some exparte contact. This project was presented
at an Economic Development Meeting. After our last meeting Floyd Patterson called me and
was very upset that we were delaying his project again.
Mayor: The Public Hearing is still open from the last meeting.
Mayor swears in John Evans.
John Evans, My single concern regarding this project is the placement of the roadway. An
overhead of the site plan is displayed. Evans discusses the road alignment. My concern deals
with the set backs along the Western Boundary. My plan for my piece of project has been
submitted to the City. This is a public road. General discussion.
Butler: Discussion on how the drain will be covered. We are proposing a PUD. Provides an
overview of the project. Agreed to a 20' set back on the commercial lot. General discussion.
Mayor closes the Public Hearing.
General Council discussion.
Guerber moves to approve RZ-9-00/PPUD-6-00/PP-9-00/CU-9-00 Picadilly Village Planned
Unit Development as presented with the following adjustments: 20' set back along the West
side of the project; the items on the list outlined by Mr. Decker be approved other than an
allowance up to 5,000 sq ft for a restaurant and leave the beauty shop in. Seconded by
Bastian. Discussion. Guerber amends the motion to state: add a sidewalk on both the
North and South. Second concurs. Further discussion. Guerber amends the motion to
state: Stub Street to continue to the West and should the proposal not take place this
should come back to Council for adjustment. THREE AYES: ONE NAY: MOTION
CARRIES .................
Discussion on Site Specific #4.
Bastian moves to remove Site Specific #4 from the motion previously passed. Seconded by
Guerber. ALL AYE: MOTION CARRIES ..................
C. Mercy Housing Block Grant Application:
Mayor introduces the issue.
Mayor opens the Public Hearing.
Jim Birdsall, Mercy Housing Idaho, this is a request for a block grant. Reads into the record
required information about the block grant. Distributes a preliminary draft application to the
Council. Provides Council an overview of the application.
Mayor closes the Public Hearing.
General discussion.
8. NEW BUSINESS:
A. Mercy Housinm Council discussion and action to authorize Mercy Housing to submit a
Block Grant Application.
Mayor introduces the issue.
Bastian moves that the City of Eagle submit a Block Grant Application in behalf of Mercy
Housing and authorize the mayor to sign the application. Seconded by Merrill. ALL AYE:
MOTION CARRIES ........................
B. Review and approval of the Eagle Senior/Community Center Activity rental fees and
deposit.
Mayor introduces the issue.
General discussion.
Guerber moves to approve the Eagle Senior/Community Center Activity rental fees and
deposit as presented. Seconded by Sedlaeek. ALL AYE: MOTION
CARRIES .........................
C. Review and approval of Jensen-Belts Associates Scope of Work and Fee Schedule for
Reid W. Merrill Sr. Community Park:
Mayor introduces the issue.
Don Belts, Jensen-Belts Associates. Provides Council with an overview of the proposal for the
scope of work and fee schedule for Merrill Park. General discussion.
Sedlacek moves to approve the scope of work and fees as presented tonight. Seconded by
Merrill. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE:
MOTION CARRIES .........................
D. Review and approval of purchase of playground equipment for Friendship Park:
Mayor introduces the issue.
E. Review and approval of purchase of playground equipment for OK Park:
Guerber moves to continue Items D & E to the next City Council meeting. Seconded by
Merrill. ALL AYE: MOTION CARRIES ..............
9. ADJOURNMENT:
Merrill moves to adjourn. Seconded by Sedlacek. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 12:30 p.m.
Respectfully submitted:
HARON k. MOORE - - %~ .....
CITY CLERK/TREASURER
APPROVED:
mci vz4q J'IlUm
MAYOR --