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Minutes - 2000 - City Council - 11/14/2000 - RegularEAGLE CITY COUNCIL MINUTES November 14, 2000 ORIGINAL PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m. 1. Ada County Sherif£s Office: Sgt. Patrick Calley will present the monthly report for October. Sgt. Calley distributes the monthly report to the Council and discusses the same. General discussion. Discussion on the Skateboard Park. Neighborhood Watch Program in Eagle was discussed. 2. Ed Bowden would like to discuss subdivision street lighting for Eagle Pointe, Phase I. Ed Bowden discusses why Homeowner's Associations are taking care of the street lights in the subdivisions. Other cities in the area pay for the street lights in thc subdivisions. Myself and the members of my board think that the City should pay for the cost and maintenance of the street lights in subdivisions. Garden City charges for the street light maintenance which comes out on their sewer bills. General discussion. 3. City Attorney Report: Joe Mallet. I want to make sure that everything is being covered. If something is missing please give me a call. 4. City Engineer Report: No report. 5. City Clerk/Treasurer Report: Financial Report for September, 2000, is distributed. Discussion on joint meeting with ACHD on December 5th. Council concurs that a meeting on the 5t~ of December is not necessary. Museum roof replacement discussed. Asbestos in the old roofing materials. Additional costs is approximately $1,500. Discussion on meeting dates in December. Dates will be December 12th and 19th. 6. Zoning Administrator's Report: Discussion on the letter from Allison Cohen in regards to the trees in Feather Nest Subdivision. Council directs that a letter be written in response. 7. Mayor & Council Reports: Merrill: Discussion on the application of Pat Palmer on upgrading a roof. Council concurs that the upgrade can be done at staff level and no fees will be charged. Remainder of reports continued to the end of the Agenda. REGULAR COUNCIL AGENDA: 7:30 p.m. 1. CALL TO ORDER: 2. ROLL CALL: Bastian, Merrill, Sedlacek, Guerber. Bastian 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. Claims Against the City. B. Minutes of October 17, 2000. C. Minutes of October 24, 2000. D. Minutes of October 30, 2000. E. Appointment to the Design Review Board: The Mayor is requesting Council confirm the appointment of Debbie Barnes to the Design Review Board.(RY) F. Findings and Conclusions for A-4-00/RZ-3-00 - Annexation and Rezone from RT to RE - FAM Developers Inc.: FAM Developers Inc., represented 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. G. Findings and Conclusion for PP-6-00 - Oaklev Estates Subdivision - FAM Developers inc. FAM Developers Inc., represented by Roylance and Associates P.A., is requesting preliminary plat approval for Oakley Estates Subdivision, a 15- acre, 8-1ot (7-buildable) residential subdivision located at the northeast comer of Ballantyne Lane and Floating Feather Road. H. Findings and Conclusions for PP-11-00 - Eagle Forum Subdivision - 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 2nd Street and Cedar Ridge Drive. I. Findings and Conclusions for CU-9A-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. J. LS-12-00 - Lot Snlit - Jerome & Leona Reininger: Jerome & Leona Reininger are requesting approval of a lot split for the creation of two lots located on the south side of E. Floating Feather Road approximately 700-feet west of Pebble Beach Way. Sedlacek removes Item g4H from the Consent Agenda. Merrill moves to approve the Consent Agenda as amended. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ..................... 4H. Findings and Conclusions for PP-11-00 - Eagle Forum Subdivision - Waldron/Graham/Eaele Gravel Cornoration: 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 2nd Street and Cedar Ridge Drive. Sedlacek: Clarification from Staff as to the drainage at the comer of Eagle Road and Alternate Route and the landscaping that dying or is dead. How is this problem going to be taken care of?. General discussion. Sedlacek moves to reconsider the Findings of Facts and Conclusions of Law, PP-11-00 Eagle Forum Subdivision with the intent to remove Site Specific Conditions of Approval//7. Landscaping and drainage on the corner of Eagle Road and State ltighway 44 shall be brought up to compliance along the buffer to the west prior to issuance of occupancy permit for 2nd building. Seconded by Merrill. ALL AYE: MOTION CARRIES .................. Guerber moves that in the Findings of Facts and Conclusions of Law for PP-11-00 that Item #7 be removed. Seconded by Merrill. ALL AYE: MOTION CARRIES ............ Guerber: I would direct staffto review the Eagle Pavilion Shopping Center in regards to the drainage and landscaping and how to proceed to bring these items in compliance and report back to the Council. Merrill moves to add as ltem #8D under New Business: Discussion of the future road extension of Idaho Street. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ................. 5. FINAL PLATS: 6. UNFINISHED BUSINESS: A. Draft ordinance No. 377 requiring davcare licensing and the corresponding draft resolution. The City Clerk is requesting Council remand this item back to staff for further investigation Sedlacek moves to remand the draft Ordinance No. 377 back to Staff. 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 Engineering, 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 acre 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-buildablc) residential subdivision. The site is located at thc northwest comer o£ Ballantyne Lane and State Street. This item was continued from the October 24, 2000 meeting. (WEV) Mayor introduces the issue. We are in receipt ora letter from the applicant requesting that this item be continued to the City Council meeting on November 28, 2000. Merrill moves to continue A-3-00/RZ-2-00/CU-4-00/PPUD-3-00/PP-3-00 Countryside Estates Planned Unit Development to the November 28, 2000, City Council meeting. Seconded by Gnerber. TWO AYES: ONE ABSTAIN: MOTION CARRIES ................ B. ZOA-2-00 - Zonln~ Ordinance Amendment - U.S. West Wireless: US West Wireless, represented by Paul Hoffman with W & H Pacific Engineers 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 5 "Unique Land Uses", Sub- Section S "Personal Wireless Facilities..." to allow wireless antennas to be placed on existing light poles exceeding 35-feet high as permitted uses in P-S zoning districts. The current maximum height for wireless antennas in the P-S zoning district is 35-feet. Mayor introduces the issue. Mayor opens the Public Hearing. Paul Hoffman, W & H Pacific Engineers, representing the applicant. Provides the Council with an overview o£the request. General discussion. Vaughan: Provides an overview of the application and discusses the reasons why the City Code should be amended. No one has signed up to speak to the matter and no member of the public present at the meeting wishes to speak. Mayor closes the Pnblic Hearing. General Council discussion. Paul Hoffman, discusses how the equipment would be placed at the site. (tape 2 side 1) Guerber moves to adopt ZOA-2-00 Zoning Ordinance Amendment U.S. West Wireless. Seconded by Sedlacek. Discussion. ALL AYE: MOTION CARRIES .............. C. CU-13-00 - Washington Federal Savings Bank Facility with Drive-up Service Washington Federal Savings: Washington Federal Savings, represented by Pat Walsh with ZGA Architects and Planners, is requesting conditional usc approval to construct a 3,695-square foot bank facility with drive-up service within the CBD (Central Business District). The site is located on the south side of State Street approximately 200-feet west of Palmetto Avenue at 701 East State Street (Lot 2, Block 1 of Periwinkle Subdivision). Mayor introduces the issue. Mayor opens the Public ]Hearing. Pat Walsh, ZGA Architects and Planners, representing the applicant. Provides Council with an overview of the application. Discusses the drive-up usage and the cross-access to the lot to the West. Vaughan: Displays an overhead of the proposed site and the site plan and discusses the application. No one has signed up to speak to the matter and no member of the public present at the meeting wishes to speak. Pat Walsh, discusses the fencing issue. Mayor closes the Public Hearing. General Council discussion. Pat Walsh, discusses Design Review action in regards to the fence. Continued Council discussion. Gnerber moves to approve CU-13-00 Washington Federal Savings Bank Facility with the exclusion of item #4 as recommended by the Planning and Zoning Commission. TWO AYES: ONE NAY: MOTION CARRIES ............... D. CU-15-00 - Wireless Facility Heiuht Exceotion - U. S. West Wireless LLC: U. S. West Wireless LLC, represented by Paul Hoffman with W & H Pacific, is requesting conditional use approval to install a wireless antenna on a replacement light standard structure. The site is located on the east side of Park Lane approximately ½ mile north of Highway 44 at 574 North Park Lane. Mayor introduces the issue. Mayor opens the Public Hearing. Paul Hoffman, W & H Pacific, representing the applicant. Provides an overview of the application. Vaughan, displays an overhead of the Vicinity Map and discusses the application. Staff and Planning and Zoning Commission have recommend approval of this application. No one has signed up to speak to the matter and no member of the public present at the meeting wishes to speak. Guerber moves to approve CU-15-00 Wireless Facility Height Exception with the stipulation that a condition attached that this be approved only upon final passage of the zoning ordinance amendment and with the Standard Conditions of Approval and the Site Specific Conditions of Approval. Seconded by Sedlacek. Discussion. ALL AYE: MOTION CARRIES ................ 8. NEW BUSINESS: A. Review and discussion of proposed agreement between Lloyd Campbell: The agreement is to allow entry signage for the Scenic Byway Interpretive Center: Mayor introduces the issue. Sedlacek: This is for the Payette River Scenic By-Way. The agreement is to get power and water to the site. We have offered Mr. Campbell $700 per year to pay for the power and the water. I think this will be adequate. Mr. Campbell is fine with the amount. The two street lights at the comer of Highway 55 and Beacon Light were installed and paid for by Mr. Campbell and he has requested Council consideration that the City pay for the power costs for these lights. I would recommend that the City pay for the power costs on these lights until such time that a traffic light is installed at this location. The City would construct a water line which would be paid for by Scenic By-Way funds. General discussion. Sedlacek moves to approve the agreement with Lloyd Campbell for the power and water to the interpretive area. Seconded by Merrill. Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES ................ B. AA-l-00 - Appeal Of Zoning Administrator's decision to deny a request for a building permit required to construct a storage building at 85 West Beacon Light Road. Ea~le, Idaho: Linda McQueary is appealing the October 4, 2000, verbal denial from William Vaughan, Zoning Administrator for a building permit required for the applicant to construct a small storage building on her property. The property has an existing mobile home, which is not permitted within an R-E zoning district and therefore is a nonconforming use. Mayor introduces the issue. Stephen C. Brown, Ellis, Brown & Sheils, representing Linda McQueary. Distributes photographs to the City Council. Provides an overview of the property being annexed into the City. Discusses the application and the reasons for the appeal of the Zoning Administrator's denial for a building permit. Vaughan: Provides Council an overview of the building permit application and the denial. General Council discussion. Sedlacek moves that the City Council overrules the Zoning Administrator's denial and we approve the request to construct the storage building at 85 West Beacon Light Road with the set backs referenced on the site plan presented tonight. Seconded by Merrill. Discussion. ALL AYE: MOTION CARRIES .................... C. Discussion of the possible creation of a Transportation Advisory Board. Mayor introduces the issue. Merrill discusses the creation of a Transportation Advisory Board. General discussion. D. Discussion on future road extension of Idaho Street. Mayor introduces the issue. Merrill: Discussion on a Design Review Application affected by the future road extension of Idaho Street. Design Review is looking for direction from the City as to the future road extension of Idaho Street that shows on the transportation plan. General Council discussion. Direction to Design Review is to move forward with the design. Further discussion. Mayor and Council Reports: Sedlacek: The Sewer District will be moving to the new building on Monday. Discussion on the previous meetings with United Water. I'm working with Dave Bieter on writing a letter to United Water because we have not received any of the information that was to come from United Water. MenSll: Trisha Neilson, Ada County, said our Comprehensive Plan needed two more items and it would be approved. Discussion on impact Area Agreement with the City of Boise. Discussion on Don Stockton serving on the Parks Committee. Discussion on the maintenance of the Skateboard Park. Donna Griffin thinks the Commission wants to mm over the 84 Acre park to the City of Eagle but they won't let the City Annex the property. General discussion. Discussion on Bob Angle, Skateboard Park. Guerber: I would like to do a RFP to proceed on our Strategic Annual Goal on Economic Development. General discussion. Discussion on the intersection of Parkison and the By-Pass. I think a letter needs to be written requesting a deceleration lane. Discussion on Humane Society Contract and the reports. 9. ADJOURNMENT: Sedlacek moves to adjourn. Seconded by Merrill. ALL AYE: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 10:40 p.m. Respectfully submitted: SHARON K. MOORE t CITY CLERK/TREASURER APPROVED: RICe x~ZAGU[{~,E J MAYOR