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