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Minutes - 2000 - City Council - 12/19/2000 - RegularEAGLE CITY COUNCIL MINUTES December 19, 2000 ORiGiNAL PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m. 1. City Engineer Report: Vern Brewer with Holladay Engineering reviews a letter drafted by his firm regarding site specific conditions of approval for FPUD-3-99 Banbury Meadows. Discussion between Mr. Brewer and Council. Council gives Mr. Brewer approval to proceed in his efforts to meet with ITD regarding this sidewalk. The Mayor comments on the City's desire to reduce the speed limit on Eagle Road. Merrill notes that there is a process established to override ITD's imposed speed limit. Legal Council states that they will help draft a resolution which will request the speed reduction and also request ITD do a traffic study for the review and approval at the first Council meeting in January. Brewer suggests a meeting with Pam Lowe to express the City's concerns regarding a variety oflTD issues that impact the City. 2. City Attorney Report: Comments on the MOU between the City and Ranch building owners which is still in the process of being drafted. Buxton also comments on the Jensen-Belts contract that is currently being worked out. She is suggesting a letter agreement be entered into so that the submitted bill from Jansen-Belts can be paid out. At the first Council meeting in January the finalized contract will be brought before Council for review and approval. Brewer gives an update on the Brookwood Well agreement. He has been unsuccessful in getting pertinent information that has repeatedly been requested fi'om the Aries Development. The Brookwood well and the letter dated December 12th from Aries Development shall be discussed at the first meeting in January. 3. Deputy City Clerk Report: Informs Council of two workshops, (AIC and Urban Planning Workshops) should anyone wish to attend, the can contact her for registration information. 4. Zoning Administrator's Report: Jeff Lowe, Planner II is in attendance in lieu of Mr. Vaughan. a.) Review and discussion of a memorandum of understanding between City Staff and the owners of the Ranch Building. This item was addressed by the Attorney. 5. Mayor and Council's Report: Merrill reviews the preliminary drawings for Merrill Park. Mayor calls a break at 7:30 p.m. REGULAR COUNCIL AGENDA: 7:30 p.m. 1. CALL TO ORDER: Call to order at 7:42 p.m. 2. ROLL CALL: Present: Bastian, Merrill, Sedlacek, Guerber. 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 Start; 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 December 12, 2000. C. Renewal approval of Liquor, Beer and/or Wine Licenses for current license holders (for the year 2001) which have met all criteria established by the City. (TEO) D. DR-48-00 - Washington Federal Savings Bank Fucility with Drive-up Service - Washington Federul Savings: .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. Washington Federal Savings, represented by Pat Walsh with ZGA Architects and Planners, is requesting design review approval to construct a 3,700-square foot bank facility with drive-up service. 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).(WEV) E. Findings and Conclusions for 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, reprcsanted by Richard Cook with Briggs Engineering, arc 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 usc, planned unit development preliminary development plan, and preliminary plat approvals for Countryside Estates Planned Community. The development consists of a 62.73-acre, 112-lot (96-buildable) residential subdivision. The site is located at the northwest comer of Ballantyne Lane and State Street.(WEV) Findings and Conclusions for 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 usc, 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. (WEV) Findings and Conclusions for 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 use 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).(WEV) Merrill removes items E and F. Bastian removes item D. Merrill moves to approve the Consent Agenda except items D, E, and F. Seconded by Sedlacek. ALL AYE: MOTION CARRIES... 4D. DR-48-00 - Washington Federal Savings Bank Facility with Drive-up Service - Washington Federal Savings: 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 beingfina[. Washington Federal Savings, represented by Pat Walsh with ZGA Architects and Planners, is requesting design review approval to construct a 3,700-square foot bank facility with drive-up service. 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). (WEV) Bastian questions why the caliper inches are not being replaced. Pat Walsh CGA Architects representing Washington Federal. Mr. Walsh discusses the Design Review meehng in which action was taken on this item. Mr. Walsh notes the staff condition that will increase the caliper size for trees in lieu of actual tree for tree replacement. Discussion between Mr. Walsh and Council. Merrill comments on the alternate method of compliance that is being utilized on this application. Bastian moves to approve DR-48-00 - Washington Federal Savings Bank Facility with Drive-up Service. Seconded by Guerber. ALL AYE...MOTION CARRIES. 4E Findings and Conclusions for 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-buildable) residential subdivision. The site is located at the northwest comer of Ballantyne Lane and State Street.(WEV) Mayor introduces the item and notes that the applicant is requesting clarification. There are representatives here for Capital Development to address the issue. Sedlacek recuses herself due to a conflict of interest. Joann Butler 101 S. Capital is requesting clarification on condition of approval #3, 7, 11. Roman Yorgason comments on the set back issue. Patrick Dobie, 777 Heathstone Drive, comments on the issue of aligning driveways vs. offsetting driveways. General discussion. Discussion amongst the Council. Yorgason addresses questions posed by Council regarding home and lot size, and setbacks. Bastian moves to approve the Findings and Conclusions for A-3-00/RZ-2-00/CU-4- 00/PPUD-3-00/PP-3-00 Countryside Estates Planned Unit Development with the following changes. · Site specific condition 8, in the second sentence after the words "street realigned to 35 feet wide" a period shall be inserted and the remainder of the sentence shall be deleted. Site specific condition #11: The words skateboard area shall be stricken. · Site specific condition #12: Add language which reads: Side setbacks shall be 10 feet for 2 story homes and the standard 7 1/2 feet for one story homes. · Site specific condition #22: shall read: The landscape berms along Bailantyne Road and the new realignment called "Future Ballantyne/State Street Realigned Arterial" on the preliminary plat shall be a minimum of 5-feet in height above the center line of the adjacent roadway or planned roadway and shall not be allowed to be reduced. Seconded by Merrill. Discussion. · Bastian amends his motion to amend site specific condition #7 which shall read: Any stub street which is expected to extend in the future shall be provided with a sign generally stating that "This street is to be extended in the future." Traffic calming devises such as those in The Colony Subdivision shall be placed in these areas (street West Conifer Ct.) which will be connected to Redwood Creek. · Site specific condition #19: Strike out the first line and one half and adding language which shall read: Construct Grassy Flats Street off of Ballantyne Lane with a minimum of twenty one feet of pavement with curbs, gutters and sidewalks to either side of the center median aligned with Hereford Drive to the east and offset 150 (one hundred fifty) feet from the roadway (as measured from centerline to centerline). The median shall be constructed a minimum of 4-feet wide to a total a 100-square foot area. The applicant shall be required to dedicate 54-feet of right-of-way plus the additional width of the median. Second agrees with amendment. THREE AYE...ONE ABSTAINS (Sedlacek). ALL AYE...MOTION CARRIES. 4F. Findin~,s and Conclusions for 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. (WEV) Men'ill states that there are a couple of outstanding items which need to be addressed, one is regarding a proposed block wall issue that has not been acted on by the Design Review Board, the second item is #17 (in the staff findings) regarding retail usage. Merrill would like this to be remanded to staff to review the tapes on these issues Merrill moves to remand this item back to staff to review item #2 and #17 and bring it back before Council at the first meeting in January. Seconded by Bastian. Discussion. ALL AYE...MOTION CARRIES. Merrill would like to add 8C nominations to the ACHD Capital Investment Citizen's Advisory Committee to the agenda. Seconded by Sedlacek. MOTION CARRIES. Mayor calls a 5 minute recess. 5. FINAL PLATS: A. 00~09-PDR - Final Plat for Ptarmagin Subdivision - Hal and Laraine Garrett: Garrett Hal and Laraine Garrett, represented by Jean Cariaga with Roylance & Associates, are requesting final plat approval for Ptarmigan Subdivision, a 3-lot, 9.07-acre residential subdivision with a private road. The proposed subdivision is a resubdivision of Lot 2, Block 1 of Anacortes Subdivision and is located 660-feet south of Beacon Light Road, approximately ½- mile west of Eagle Road. This subdivision is located in the Eagle Area of Impact. (WEV) Mayor introduces the item. The applicant accepts staff's recommendations. Lowe has nothing to add unless Council has questions. Guerber moves to approve 00-09-PDR Final Plat for Ptarmagin Subdivision. Seconded by Bastian. ALL AYE...MOTION CARRIES B. FP-8-00 - Final Plat for Aquila Subdivision - Eagle Village~ LLC: Eagle Village, LLC, represented by Jack Coonce with Oppenheimer Development Corporation, is requesting final plat approval for Aquila Subdivision. The 5.61-acre, 7-lot commercial subdivision is located on the northwest corner of State Street and Palmetto Avenue. (WEV) Mayor introduces the item. The applicant accepts staff's recommendations. Lowe has nothing to add unless Council has questions. Discussion amongst Council regarding potential drainage issues and the current Library drainage issues. Jack Coonce, representing Oppenheimer Development Corporation, states that they have not had any drainage issues on the lots to the east. It was his understanding that the drainage issue at the Library was caused by over watering. Discussion. Guerber moves to approve FP-8-00 - Final Plat for Aquila Subdivision. Seconded by Merrill. ALL AYE...MOTION CARRIES. 6. UNFINISHED BUSINESS: A. Discussion of Jensen-Belts contract for Merrill Community Park. Mayor introduces the item. Buxton is trying to obtain a not to exceed amount from Jensen-Belts in order to construct one contract for the master planning, construction phase and construction management phase. General discussion. Buxton reviews the letter agreement she has drafted for Council approval and Mayor's signature. Sedlacek moves to direct the City Attorney to move forward with the letter agreement and that the Council authorizes the Mayor to sign it as an interim agreement until such time that the final contract is signed. Seconded by Merrill. ALL AYE...MOTION CARRIES. Bastian moves to enter into a contract with Jensen Belts for the design and construction of Merrill Park and it (the contract) shall not exceed $120,000.00. Seconded by Sedlacek. ALL AYE...MOTION CARRIES. 7. PUBLIC HEARINGS: A. PP-13-00 - Williamsburg Subdivision (A re-subdivision of Benchmark Subdivision) - Mart¥ Camberlango: Marty Camberlango is requesting preliminary plat approval for Williamsburg Subdivision, a re-subdivision of Benchmark Subdivision, (formerly Phase l 1 Of Lcxingtun Hills Subdivision and Morning Meadows Mannfacturcd Home project). The 9.83- acre, 6 l-lot subdivision is located approximately V2 mile north of Floating Feather Road, abutting Hwy 55 on the west and Horseshoe Bend Road on the East. (WEV) Mayor introduces the item and opens the public hearing. Mark Butler 222 E. State Street Eagle, Id. Mr. Buffer, representing Mr. Camberlango, reviews the application. Lowe reviews the staff report. Discussion between Staffand Council. Mayor closes the public hearing. General discussion between Mr. Butler, Council, Staff, and City Attorney. Merrill moves to approve PP-13-00 Williamsburg Subdivision (A re-subdivision of Benchmark Subdivision) Marty Camberlango with staff recommended site specific conditions and the following additions and changes. · On page 11 of 13 (staff site specific conditions of approval) for item #10, go to Mr. Butler's letter page 1 of 2, and insert #3 item a, b, and c regarding fencing, property lines and setbacks. The applicant shah submit a letter to the city requesting Design Review approval with an alternate method of compliance with these items listed. · #11: Submit plans to Design Review showing an alternate method of compliance on item #2 of Mr. Butler's letter, allowing for a 20 feet buffer on each side. · Keep item #12 a five foot wide landscaped and maintained buffer strip along the southern boundary of the site next to Trail Creek. · #13 The applicant shall submit plans for Design Review Board review and approval for a clubhouse or other recreational opportunities for the proposed open space prior to the City Clerk signing the final plat. · #14: The homes along the southern border next to Trail Creek remain single story. · #15: Design Review Board shall review the general architectural styles for the PUD, with the suggestion it be in Colonial/Williamsburg style. Seconded by Bastian. ALL AYE... MOTION CARRIES. 8. 'NEW A. Resolution 00-19: A Resolution accepting Lexington Hills well lot deed. Mayor introduces the item. Merrill moves to approve Resolution 00-19 accepting the Lexington Hills well lot deed. Seconded by Bastlan. ALL AYE...MOTION CARRIES. B. Review of CU-5-00 - Banbur¥ Meadows Driving Range Poles and Netting - Maximum Height Condition of Approval: On July 18, 2000, the City Council voted to grant the conditional use permit for a sixty (60) day period with the sixteen (16) poles to remain at forty- two feet (42') with the netting to be installed up to thirty-five feet (35'). At the end of the sixty day period, City staffis to report to the Council regarding the safety issues raised and at that time the City Council will determine whether the thirty-five foot (35') height limitation on the netting is appropriate. (WEV) Mayor introduces the item General discussion. Merrill moves to have the nets stay at 35' and the poles be cut down. Seconded by Guerber. ALL AYE...MOTION CARRIES. C. Appointments to the ACHD Capital Investment Citizen's Advisory Committee Mayor introduces the item, Hal W. Turner. Sedlacek moves to approve the appointment of Hal. W. Turner to the ACHD Capital Investment Citizen's Advisory Committee. Seconded by Merrill. ALL AYE...MOTION CARRIES. 9. EXECUTIVE SESSION: A. Pendin~ litigation: I.C. §67-2345(0 Merrill moves to go into executive session to discuss pending litigation. Seconded by Sedlacek. SEDLACEK AYE BASTIAN AYE; MERRILL AYE; GUERBER AYE. MOTION CARRIES. 10. ADJOURNMENT: Sedlacek moves to direct the City Attorney to investigate condemnation and annexation issues and consult with Bill McCnrdy as special Council. Seconded by Bastian. ALL AYE...MOTION CARRIES Mayor comments on a memo the City Clerk had left regarding the Eagle Community Fund. Discussion. Mayor comments on the meeting that he attended today with ACHD representatives. Mayor also discusses a meeting that was held regarding the need for a crosswalk at Eagle Middle School. Bastian moves to adjourn. Seconded by Sedlacek . ALL AYE: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 11:05pm. Respectfully submitted: DEPUTY CLERK MAYOR