Minutes - 2000 - City Council - 11/28/2000 - RegularEAGLE CITY COUNCIL
MINUTES
November 28, 2000
ORIGINAL
PRE-COUNCIL AGENDA: 6:30 - 7:30 p.m.
Mayor calls the meeting to order at 7:05 p.m.
1. Idaho Power: Layne Dobson will make a presentation on the Utility Plan. Layne Dobson
presents Idaho Power's Utility Plan to the City Council. General discussion.
2. Idaho Power proposed substation on Chinden Boulevard - Discussion of Ada County
Planning & Zoning Commission action of Novemberl6, 2000. General discussion.
3. City Attorney Report: Moved to end of Agenda.
4. City Engineer Report: Moved to end of Agenda.
5. City Clerk/Treasurer Report: Moved to end of Agenda.
6. Zoning Administrator's Report: Moved to end of Agenda.
7. Mayor and Council's Report: Moved to end of Agenda.
REGULAR COUNCIL AGENDA: 7:40 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. Minutes of November 14, 2000.
C. 2001 Beer & Wine license renewal for the China Palace. (SKM)
D. 2001 Liquor, Beer & Wine license renewal for daVinci's. (SKM)
E. Appointment to the Planning & Zoning Commissioners: The Mayor is requesting
Council confirmation of appointment of Cheryl Bloom and John Franden to the
Commission.(RY)
F. DR-56-00 - Building Wall Sign for the Health Nut - Rick and Terry Jackson: 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. Rick and Terry Jackson,
represented by Debbie Anderson with Idaho Electric Signs, are requesting design
review approval to construct an internally illuminated building wall sign for Health
Nut. The site is located within Eagle Pavilion Shopping Center at 360 South Eagle
Road. (WEV)
G. DR-57-00 - Building Wall Sign for AA Logos - Louise Powell: 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 Louise Powell, represented by
Debbie Anderson with Idaho Electric Signs, is requesting design review approval to
construct an internally illuminated building wall sign for AA Logos. The site is
located within Eagle Plaza at 228 East Plaza Drive. (WEV)
H. DR-58-00 - Modification to The Artisian Building Wall Sign - Leslie Ditz: 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. Leslie Ditz is requesting
design review approval to modify the existing building wall sign located on State
Street elevation at The Artisan to add Eagle Custom Frame. The site is located at the
northeast corner of State Street and 1st Street at 118 East State Street. (WEV)
I. I)R-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 being final Cherrie Newberry is
requesting design review approval to construct a 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)
J. LS-8-00 - Lot Split Lloyd & Manrine Freeman: Lloyd & Maurine Freeman are
requesting approval of a lot split for the creation of two lots located on the north side
o£Rush Road, east o£Ballantyne Road at 1440 Rush Road.(WEV)
Bastian moves to approve the Consent Agenda. Seconded by Sedlacek. ALL AYE:
MOTION CARRIES ..................
Guerber moves to amend the Agenda and add as New Business, Item gA. Approval of bid
for ramp cover. Seconded by Bastian. ALL AYE: MOTION CARRIES ...........................
5. FINAL PLATS: None
6. UNFINISHED BUSINESS: None
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 deveIopment consists ora 62.73-
acre, 112-lot (96-buildablc) residential subdivision. The site is located at the northwest comer of
Ballantyne Lane and State Street. This item was continued from the November 14, 2000 meeting.
(WEV)
Mayor introduces the issue.
Mayor opens the Public Hearing.
Sedlacek declares a conflict of interest.
Mayor swears in Dave Yorgason.
Dave Yorgason, Capital Development, applicant, discusses the changes that have been made.
Displays an overhead of the site plan. Discussion on the tot lot, buffer of one acre lots and two
acre lots, and Chevron pipeline.
Staff has no additional comments.
Mayor swears in Steve Care.
Steve Care, 249 W. Timber Drive, this is not that much different than what we have seen before.
I'm disappointed that the tot lot has not been expanded. Were suspicious of the stub-out street
and concerned about the lot sizes bordering our subdivision. Changes are minimal and dofft
address area residents concerns.
Mayor swears in Lynne Sedlacek.
Lynne Sedlacek, 1200 Hereford Drive. Reads the road alignment recommendations from Ada
County Highway District. Discusses letter from Ashley Land Services, the Northwest Lot and
the lot size on the Southwest lots. I would ask the Council to take these items into consideration.
No one in the audience desires speak to the issue.
Dave Yorgason, applicant. Discusses the letter from Ashley Land Services. Discusses the
ACHD requirements and if they have further concerns we will meet their requirements. ACHD
has required the stub-out street. Distributes a copy of the Site Specific Conditions of Approval
(as provided in Staff Report dated June 5, 2000) and discusses the same. General discussion.
Mayor closes the Public Hearing.
General Council discussion.
Bastian moves to approve Countryside Estates, PP-3-00 with Site Specific Conditions of
Approval as provided this evening eliminating #8 with the changes suggested in #12,
striking out gazebos, basketball courts, ball fields and underling tot lots, meandering
pathways and the word such, and striking completely Item #17 and striking partially Item
#18 the first sentence and the first phrase: "In lieu of providing a storage area," with the
strike out showing the prohibition of that and underlining and adding "detailing the
criteria for", and the Standard Conditions of Approvals. Adding one more Site Specific
Condition: That the drainage area be planted with native materials, grasses or others that
would eliminate weeds from that area of the development. Seconded by Guerber.
Discussion.
Merrill ask the maker of the motion to amend as follows:
Site Specific Conditions of Approval:
Item #7: Add to that: Traffic calming devises such as in Redwood Creek and The Colony be
placed in that area.
Item #10: The portion of the buffer area that abuts State Highway 44 (principal arterial)
shall be increased to 75-feet wide in accordance with our Code. The remainder of Item gl0
shall be stricken.
Item #11: The applicant shall increase the width of the 25-foot wide buffer area along
Ballantyne Lane to 35-feet wide. The remainder of Item #11 shah be stricken.
Item #12: Gazebos, basketball courts, ball fields are to be left in.
Item #13: Minimum building setbacks, lot sizes and lot widths shall be as requested except
that the front yard set backs on all lots less than one acre shall be no less than 30-feet. The
remainder of Item #13 shall be stricken.
Item #17: Eliminated.
Item #18: The developer shall provide a copy of the subdivision CC&R's detailing the
criteria for storage of recreational vehicles, utility trailers, etc. within the development.
Item #19: Remains the same.
Item #20: The drainage area stipulated by Council Bastian.
Item #21: That we take ACHD's recommendation and align with Hereford Drive.
Item #22: The Chevron Pipeline shah be protected with a pathway as indicated on the
Eagle Comp Plan and from the letter from Chevron. Bastian requests that this item be
made in a separate motion.
Item #23: The park area, 350-feet by 150-feet, shall not be used for water retention unless
a subsurface drainage is provided that will allow recreation to occur on that lot.
Item #24: That any pathway abutting a backyard shall be constructed prior to a building
permit for that lot.
Item #25: Set backs for lots other than one acre shah be at least 30-feet.
Item #26: That the homes along the arterial collector, Ballantyne, shall be limited to one
story with a minimum of 15,000 square foot lots.
Item #27: The landscape berms along Ballantyne and the new realignment shah be a
minimum of 5-feet in height and shall not be allowed to be reduced.
Item #28: The cul-de-sacs shall omit the parking and increase the area of landscaping.
General discussion.
Bastian, the maker of the motion, concurs with the proposed amendments to the motion
except for Item #22, Chevron Pipeline, this should be stricken, Item #26, requirement for
one story or 15,000 minimum square foot lots, shah be stricken, and strike #28, the
requirement for taking the parking area out of the cul-de-sacs. General discussion.
Seconded concurs. Guerber amends Item #27 to allow fencing to the 5-foot berm. THREE
AYES: ONE ABSTAIN: MOTION CARRIES ............
Mayor calls a recess at 8:50 p.m.
Mayor reconvenes at 9:00 p.m.
B. RZ-12-00 - Rezone from A to MU-DA -Coulter Properties LLC: Coulter Properties LLC,
represented by Tom Bauwens of the Dakota Company Inc., is requesting a rezone from A
(Agricultural) to MU-DA (Mixed Use with a Development Agreement). The 24.84-acre site is
located on the west side of Edgewood Lane approximately 2,000-feet north of East State Street.
(WEV)
Mayor introduces the issue.
Mayor opens the Public Hearing.
Mayor swears in Larry Durkin.
Larry Durkin, Dakota Company, representing the applicant. We are in agreement with the
majority o£the items in the Staf£Report. Discusses three items: From the Findings of Fact and
Conclusion of Law, Page 6 of 9, 2.3, Page 8 of 9, #6, and from the Development Agreement,
Page 3 of 7, 2.6. General discussion.
Gucrber declares a conflict of interest and steps down.
Lowe: Displays an overhead o£thc site and concept plan that was submitted with the application
and discusses the same. General discussion.
No one has signed up to speak and no one from the audience desires to speak to thc issue.
Larry Durkin discusses thc lot split provision in thc Development Agreement. General
discussion.
Mayor closes the Public Hearing.
General Council discussion.
Bastian moves to approve RZ-12-00 Rezone from A (Agricultural) to MU-DA (Mixed Use-
with Development Agreemen0 with the following modifications: P.6 of 9, Findings of Facts
and Conclusions of Law, Item 2.3 read as follows: That we strike the last several words
prior to City Council approval that is stricken starting with the word City to the end of the
sentence and in its place but prior to the issuance of any building permits. P.8 of 9 of the
same document, line 2 of Item #6, under the Commission Decision heading, strike out the
second line "north and" and it would now read "along the west boundaries of this site".
P.3 of 7 of the Development Agreement, that we include 2.4 as originally written and in
addition specifically that the property under consideration will be developed under a
Development Agreement even if there is more than 2 people owning the property.
Seconded by Sedlacek. Discussion. Bastian amends the motion to state: P.8 of 9 of the
Findings of Facts and Conclusions of Law to add: the lot size will be a minimum of 8,000 sq
ft for single family homes which supercedes our current ordinance of 7,000 sq ft. Second
concurs. ALL AYE: MOTION CARRIES .......................
C. CU-12-00 - Trolley Square Shopping Center - Coulter Properties LLC: Coulter
Propcn~ies LLC, represented by Tom Bauwens with the Dakota Company Inc., is requesting
conditional use approval for Trolley Square Shopping Center. The 26.9-acre shopping center
site is located on the north side of State Street approximately 100-feet east of Palmetto
Avenue.(WEV)
D. PP-12-00 - Trolley Sauare Subdivision - Coulter Properties LLC: Coulter Properties
LLC, represented by Tom Bauwens of the Dakota Company Inc., is requesting a preliminary plat
approval for Trolley Square Subdivision. The 26.9-acre, 23-1ot commercial subdivision is
located on the north side of State Street approximately 100-feet east of Palmetto Avenue. (WEV)
Item C and D are heard together.
Mayor introduces the issues.
Mayor swears in Larry Dakin.
Larry Dakin, Dakota Company, representing the applicant, displays an overhead of the site plan
and provides an overview of the project. Discussion on the Planning and Zoning
recommendation of a wall abutting LaRue Acres. General discussion.
Mayor swears in Josh Thomas.
Josh Thomas, 946 E. Spartan Street, my concern is the speed limit on the roads that are going in
and if the value of our property will go down. General discussion.
Mayor swears in Tony Brown.
Tony Brown, 1001 E. Spartan Street, I live right next to the development. There are a lot of
children in our neighborhood. I'm wondering about construction access to this new site.
Discussion on the wall or landscaping buffering. General discussion.
Mayor swears in Doug Russell.
Doug Russell, The Land Group, discusses the landscaping buffer between the development and
the existing housing. General discussion.
Mayor swears in Steve Guerber.
Steve Guerber, 699 Ranch Drive, I have had some feed back as to the impact for LaRue Acres
Subdivision. Discusses the continuation of the roadway through the subdivision and transition in
that area.
Larry Durl(m, representing the applicant. Discusses the wall issue, the traffic issue and street
design. We will commit that all of our construction activity shall come from either State Street
or Edgewood. I will commit to you that we will put this in our contracts with our subcontractors.
General discussion.
Mayor closes the Public Hearing.
Merrill moves to approve CU-12-00 Trolley Square Shopping Center presented by Dakota
Company with the Site Specific Conditions of Approval as present by staff and Planning &
Zoning with these changes: Item//9 shall be removed on P.10 of 16 of the Findings of Facts
and Conclusions of Law; Item#10 shall be removed and replaced with: provide a 40 foot
buffer along the North and West boundary with landscape height of a minimum of 48"
with a fence other than cedar to be reviewed with plantings in place by the Design Review
Committee; Item#21, all drive-thru shall be prohibited adjacent to the residential
developments to the north of this site; Item//22, all construction activity shall access
through State Street; Item #23, traffic calming devices shall be installed on all stub streets;
Item #24, the City Engineer shall review this property in regards to the tiling of the drain
ditch and the proper piping and drainage that shall occur on this property. Seconded by
Sedlacek. Discussion. ALL AYE: MOTION CARRIES ......................
Merrill moves to approve PP-12-00 Trolley Square with Site Specific Conditions of
Approval and recommendations from the City Engineer and ACHD. Seconded by Bastian.
ALL AYE: MOTION CARRIES .......................
E. VAC-5-00 - Vacation to the final plat of Banburv Meadows Subdivision No. 3 - Banbur¥
Meadows LLC.: Banbury Meadows LLC, represented by Roy Johnson, is requesting City
approval of a vacation to the final plat of Banbury Meadows Subdivision No. 3 to satisfy a lot
line adjustment and remove the utility, drainage and irrigation easements along the side lot line
of Lot 1, Block 27. The utility, drainage and irrigation easement required for all side lot lines
will be satisfied with the existing 6-foot wide easement along the western side lot line of Lot 14,
Block 2. The site is located on the north side of W. Colchester Drive approximately 1/2-mile
west of Eagle Road. (WEV)
Mayor introduces the issue.
Mayor opens the Public Hearing.
Mayor swears in Dick Phillips.
Dick Phillips, representing the applicant. Provides Council with an overview of the request for
approval ora vacation. I agree with staffand City Engineer.
Lowe: Displays overheads of the vicinity map, a site plan and the lot line adjustment and
discusses the same.
No one has signed up to speak to the issue and no one in the audience wishes to speak to this
item.
Mayor closes the Public Hearing.
Guerber moves to approve VAC-5-00 Vacation to the final plat of Banbury Meadows
Subdivision No. 3. Seconded by Merrill. ALL AYE: MOTION CARRIES .................
F. VAC-6-00 - Vacation to the final plat of Channel Center Subdivision - B.B. One LLC:
B.B. One LLC, represented by Dennis M. Baker, is requesting City approval of a vacation to thc
final plat of Channel Center Subdivision to remove thc pedestrian casement along thc boundary
line of Lots 2 and 3, Block 1 to allow for a lot linc adjustment. Thc pedestrian casement will bc
relocated to thc south along thc new boundary line between parcels "B" and "C". Thc site is
located on thc west side of S. Rivcrshorc Lane approximately 300-£cct west of Easlc Road.
(WEV)
Mayor introduces thc issue.
Mayor opens the Public Hearing.
Mayor swears in Dan Torfin.
Dan Torfin, representing thc applicant, displays a site plan and discusses the request £or the
approval of a vacation.
Lowe: Staff recommended approval provided that a new record of survey be completed.
Documentation has been provided that no utilities are in this location.
No one has signed up to speak and no one from the audience wishes to speak to the issue.
Mayor closes the Public hearing.
Guerber moves to approve VAC-6-00 Vacation to the final plat of Channel Center
Subdivision. Seconded by Sedlacek. ALL AYE: MOTION CARRIES .................
8. NEW BUSINESS:
A. Approval of bid for ramp cover.
Mayor introduces the issue.
General council discussion.
Guerber moves to accept the bid from Quality Creations, Inc. for the ramp cover in the
amount of $4,328.00. Seconded by Sedlacek. Bastian: AYE; Merrill: AYE; Sedlacek:
AYE; Guerber: AYE: ALL AYE: MOTION CARRIES .................
Reports:
3. City Attorney Report: I have a draft of a letter to be sent out regarding the Library water
issue for you to review.
4. City Engineer Report: No report.
5. City ClerkJTreasurer Report: Jo Bolen is here doing the audit for FY99/00. We have a new
pop machine and money will be available for Council to purchase items.
6. Zoning Administrator's Report: Discusses the ACHD Citizens Advisory Group and what they
advise on.
7. Mayor and Council's Report:
Guerber: No report.
Merrill: Discussion on transportation issues and annexation legislation. Distributes copies of
letters received addressing State Highway 44 and information in regards to annexation for
Council to review.
Mayor: Eagle County Christmas is this Friday.
We received two plaques at the Engery Conference in Sun Valley, Mayor displays the plaques.
Provides an update on the impact area negotiations with Boise City. A meeting will be
scheduled in a couple of weeks.
Bastian: No report.
Sedlacek: Sewer District is still moving.
Council Discussion on redoing the shot-crete at the skateboard park.
City Attorney: This should be a new bid.
9. ADJOURNMENT:
Guerber moves to adjourn. Seconded by Sedlacek. ALL AYE: MOTION CARRIES...
CITY CLERIGTREASURER
Hearing no further business, the Council meeting adjourned at 11:10 p.m.
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