Minutes - 2015 - City Council - 07/14/2015 - RegularEAGLE CITY COUNCIL
Minutes
July 14, 2015
PRE - COUNCIL AGENDA: 5:35 p.m. - 6:30 p.m.
1. Ada County Sheriff's Office Monthly Report: Boise City Prosecuting Attorney will present a
summary report of their casework. Terry Derdon and Denyce Thompson -Udink with Boise City
Prosecuting Attorney's Office review the caseload from October 1 through June 30, 2015. Chief
Calley stands for questions pertaining to the monthly report that was included in their packet.
Provides a brief report on Fun Days.
2. Parks and Pathways Development Commission Report: Randy Zollinger presents a status
report for the Parks and Pathways Development Commission. They are working on pathway and
trail design standards that could be incorporated into City Code. Discusses pathway installation
timing options and other challenges the Commission has encountered. Mr. Zollinger relays
incomplete survey results from the master planning processing being conducted by a third party.
The Commission has discussed the creation of a trails district similar to Ridges to Rivers and
seeking bonds similar to Boise City. The district would include not only Eagle, but Avimor and
Ada County. In regard to budgeting the hope of the Commission is forfunding of a trail master
plan. Discussion.
3. Library Director's Report: Director Bumgamer circulation is up by 6% so far this year. An
increase of 15% for program attendance this year as well. Summer Reading Family night is
August 7th this year at 7:00 p.m. and he encourages the Mayor and Council to attend. There were
over 700 in attendance last year for Family Night. He reviews three new resources Value Line
Online an investment service, Indie Flicks a streaming movie source for independent films, and
One Click Digital making downloadable audio books available.
4. Mayor and Council Reports: The Mayor states that a small business owner is looking at
starting a brewery in Eagle and he hopes to meet with them soon.
5. City Hall Department Supervisor Reports: McFarland compliments the Parks and Recreation
Department on the Fun Days activities it was a great event this year!
6. City Attorney Report: No report.
INVOCATION:
REGULAR COUNCIL AGENDA: 6:30 p.m.
1. CALL TO ORDER: Mayor Reynolds calls the meeting to order at 6:30 p.m.
2. ROLL CALL: Present: MCFARLAND, KUNZ, RIDGEWAY. Absent: BUTLER. A
quorum is present.
KUNZ is present via telephone.
3. PLEDGE OF ALLEGIANCE: Mayor Reynolds leads the Pledge of Allegiance.
4. SERVICE RECOGNITION:
A. VOLUNTEER OF THE MONTH — JUNE: The City of Eagle recognizes the importance of
volunteerism and is taking a moment to thank those who selflessly give of themselves to the
community. A plaque will be displayed in the lobby recognizing these outstanding volunteers.
EAGLE FIELD OF HONOR COMMITTEE: The heart of the community is reflected in this annual
event coordinated from inception by the Eagle Field of Honor Committee. What better way to
honor members of the United States Military than with a spectacular display of the stars and
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stripes. Six hundred flags, the majority with yellow ribbons honoring current and past members
of the Armed Services. The Coburn Family leading the EFH Committee has invested their heart
and soul in this event. They are amazing ambassadors for our military men and women as well
as the City. Their richest reward year after year continues to be meeting service members and
their families and having them share the joys and sorrows each has from their time while in
service to our Country. The Eagle Field of Honor Committee are heroes in their own right to the
Eagle Community for without them, this annual event would not have the success it has enjoyed.
The Mayor presents awards to the Eagle Field of Honor Committee.
5. ADDITIONS, DELETIONS OR MODIFICATIONS TO THE AGENDA:
6. PUBLIC COMMENT:
This time is reserved for the public to address their elected officials regarding concerns or comments they would
like to provide to the City Council regarding subjects not on the agenda. At times, the City Council may seek
comments /opinions regarding specific City matters during this allotted time. This is not the time slot to give
formal testimony on a public hearing matter, or comment on a pending application or proposal. Out of
courtesy for all who wish to speak, the City Council requests each speaker limit their comments to three (3)
minutes.
Lisa Stoner, 879 Parkinson Eagle, Idaho. Ms. Stoner is a 20 year resident of Eagle. Eagle is a
bedroom community and it should stop trying to be something else. There is no need for a
parking garage. Why is Eagle going after a good community memberand business owner
because of a vacant building? She disagrees with the direction Council is taking in regard to
eminent domain and perhaps a new direction should be taken.
7. 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
Councilmember, 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 City Council.
♦ 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. Volunteer of the Month Proclamation A proclamation of the City of Eagle
declaring July 15, 2015 as Field of Honor Volunteers Recognition Day in the City of
Eagle for their dedication and volunteerism!
C. Re- appointment to Design Review Board: Mayor Reynolds is requesting the
reappointment of Robert Grubb to the Board. Mr. Grubb will be serving a three (3)
year term that will expire in July 2018. (JDR)
D. Findings of Fact and Conclusions of Law for CU -01 -15 — Contractor's Yard —
Chris Lombardo: Chris Lombardo represented by Brad Smith with Babcock
Design Group, is requesting conditional use permit approval for a contractor's yard.
The 1.07 -acre site is generally located on the north side of East State Street
approximately 125 feet west of the intersection of East McGrath Road and East State
Street at 1740 East State Street. (WEV)
E. Fi_ndin2s of Fact and Conclusions of Law for PP -11 -05 MOD2 - Henry's Fork
Preliminary Plat Modification (Formerly Park Place Gardens /Shaunnesy
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Subdivision) — Henry's Fork LLC: Henry's Fork, LLC, represented by T. Hethe
Clark with Spink Butler, LLP, is requesting a modification to the preliminary plat for
Henry's Fork Subdivision, a 126 -lot (112 - buildable, 14- common) residential
development. The applicant is requesting to delete the requirement to provide a stub
street (De Soto Ave.) and bridge across the Dry Creek Canal for access to the
property to the north of the development. The 95.32 —acre site is located between
Meridian Road and Park Lane approximately 1,300 feet north of Floating Feather
Road. (WEV)
F. Findings of Fact and Conclusions of Law for FPUD -05 -15 & FP -06 -15 — Final
Development Plan and Final Plat for Snoqualmie Falls Subdivision No. 7 —
Horseshoe Flats, LLC. Horseshoe Flats, LLC, represented by Ben Thomas with
Civil Innovations, PLLC, is requesting final development plan and final plat
approvals for Snoqualmie Falls Subdivision No. 7, a 48 -lot (42 buildable, 5
common) residential subdivision. The 30.93 -acre site is generally located south of
Floating Feather Road, between Linder Road and Palmer Lane, at the terminus of
West Nordic Drive. (WEV)
G. FP -17 -14 - Final Plat for Tennis Club Plaza Subdivision No. 1 — Pacific West
Communites, Inc.: Pacific West Communities, Inc., represented by John Rennison
with Rennison Engineering, is requesting final plat approval for Tennis Club Plaza
Subdivision No. 1, a 4 -lot commercial subdivision. The 12.12 -acre site is generally
located on the southeast corner of State Highway 44 and S. Edgewood Lane at 1650
East Riverside Drive. (WEV)
H. FP -08 -15 - Final Plat for Lakemoor Subdivision No. 6 — DMB Development,
LLC.: DMB Development, LLC., represented by Dan Torfin, is requesting final plat
approval for Lakemoor Subdivision No. 6, a 1 -lot (1- commercial) subdivision. The
2.25 -acre site is generally located on the east side of S. Eagle Road approximately
one -half mile north of Chinden Boulevard. (WEV)
I. Approval for the Mayor to sign an permanent easement agreement with Gardner
Mace Ranch, L.C. for a public Greenbelt pathway on the south side of the north
channel of the Boise River west of Eagle Road. (MA)
J. FPUD -06 -15 & FP -07 -15 — Final Development Plan and Final Plat for
HCR/Level 3 Subdivision No. 2 — Home Capital Resources: Home Capital
Resources, represented by Mike Dixon, is requesting final development plan and
final plat approval for HCR/Level 3 Subdivision Phase 2, a 5.83 -acre, 18 -lot (15-
buildable, 3- common) residential subdivision. The HCR/Level 3 Planned Unit
Development is generally located on the south side of West State Street (SH -44)
approximately 650 -feet west of the intersection of West State Street (SH -44) and
North Linder Road at 5001 and 5025 West State Street. (WEV)
K. Minutes of May 26, 2015.
L. Minutes of June 3, 2015.
M. Minutes of June 23, 2015.
McFarland moves to approve agenda item 7A -7M. Seconded by Ridgeway. McFarland
AYE. Ridgeway AYE. Kunz AYE. MOTION CARRIES.
7. UNFINISHED BUSINESS:
A. RZ -28 -06 MOD & PP -02 -15 — Crossley Park Subdivision — Greg Hall: Greg Hall,
represented by Tim Mokwa with KM Engineering, LLP, is requesting a development agreement
modification (development agreement in lieu of a PUD), and preliminary plat approval for
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Crossley Park Subdivision, a 33 -lot (32- buildable and 1- common) residential subdivision. The
6.77 -acre site is generally located on the south side of W. Flint Drive at 3391 W. Flint Drive.
(WEV)
Mayor introduces the item.
Planner Williams reviews the mediation that occurred today and states that it was a very
successful day. Staff will be re- noticing this item and bringing it back for public hearing in
August.
B. Request For Proposal's for a statistical analyst for the State Street Intersection survevs:
Mayor introduces the item.
City Attorney McLain discusses the process she and Council member Kunz went through to try
and identify someone willing to conduct the analysis. The political science department at Boise
State University is very excited about the prospect.
A scope of project will be brought back to Council at another time. If an agreement needs to be
executed the City Attorney will bring it back at that time. Kunz mentions that the professor
stated it should only take a couple of weeks to do the analysis.
C. Discussion of Mayor and Council salaries: (SR)
Mayor introduces the item.
Council member Ridgeway reviews the salary history of the Mayor and Council.
Discussion.
Ridgeway moves to rescind the salary motion that was made at the last meeting and replace
it with option 2 to include the salaries with the 6% increase on the bottom half of the
handout. The Council President would make $9,337 annually, and Councilmembers would
make $9,302 annually and the Mayor would make $53,000 annually. Seconded by
McFarland. McFarland: AYE; Ridgeway; AYE; Kunz AYE ... MOTION CARRIES.
8. PUBLIC HEARINGS:
Public Hearings are legally noticed hearings required by state law. The public may provide
formal testimony regarding the application or issue before the City Council. This testimony will
become part of the hearing record for that application or matter.
A. CU -03 -15 — Conditional Use Permit - Patrick Weber: Patrick Weber is requesting
conditional use permit approval for a craft beer bar located within the Clock Tower Center. The
.92 -acre site is generally located on the northeast corner of S. Edgewood Lane and E. State Street
at 1580 East State Street. (WEV)
Mayor introduces the item.
Mayor: Does anyone on Council have any exparte contact to declare? None
Mayor: Does anyone on Council have any potential or actual conflict of interest? None
Patrick Weber reviews the application. He is proposing a craft beer bar at the Clock Tower
Center and discusses the same.
Planner Williams reviews the staff report.
Mayor opens the public hearing.
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Aaron King, 2970 E. Shadow Wolf Drive, Eagle, Idaho. Mr. King has children that attend the
Karate Dojo near where Mr. Weber is proposing to open his business. His concerns come from
being near where children attending lessons will be near establishments serving alcohol, he also
has concerns with the kids running in the parking lot and their safety. Perhaps another location
where there won't be a conflict with an existing business.
Mayor closes the public hearing.
McFarland moves to approve CU -03 -15 — Conditional Use Permit - Patrick Weber with the
staff recommendations of approval. Seconded by Ridgeway. ALL AYE ... MOTION
CARRIES.
B. RZ -24 -06 MOD5 — Modification to Rezone Development Agreement - Pacific West
Communities, Inc.: Pacific West Communities, Inc., represented by John Rennison, with
Rennison Engineering, is requesting a modification to the rezone development agreement
associated with the Tennis Club Plaza Subdivision. The 15.77 -acre site is generally located on
the southeast corner of State Highway 44 and E. Riverside Drive at 1650 E. Riverside Drive.
(WEV)
Mayor introduces the item.
John Rennison, with Rennison Engineering 410 E. State Street Eagle, Idaho reviews the
application.
Planner Williams reviews the staff report.
Mayor opens the public hearing.
No one chooses to speak.
Mayor closes the public hearing.
Discussion amongst the Council.
McFarland moves to approve RZ -24 -06 MODS — Modification to Rezone Development
Agreement - Pacific West Communities, Inc. with the staff recommended conditions
adding condition 3.22: the development shall comply with Eagle City Code Title 4
Chapter 9 Loud Amplification device noise ordinance. Nothing within this development
shall be construed to be exempt under the provisions of ECC 4 -9 -6 A -I. . Seconded by
Ridgeway. Discussion. ALL AYE ... MOTION CARRIES.
10. NEW BUSINESS:
A. AA -04 -15 — Administrative Appeal — Dylan Schneider: Pursuant to Eagle City Code
Section 8- 7 -4(1), Dylan Schneider is appealing the Zoning Administrator's decision to require a
noncompliant six foot (6') tall cedar fence to be removed from the front yard. The site is located
on the north side of Floating Feather Road approximately 1/4 -mile east of Eagle Road at 430
Floating Feather Road. (WEV)
Mayor Reynolds introduces the item.
Dylan Schneider, 430 Floating Feather, Eagle, Idaho reviews the basis for his appeal of the
Zoning Administrator's decision.
Zoning Administrator Vaughan reviews the staff report which provides some options but also
defers to the Council for action on the appeal.
Discussion amongst the Council.
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McFarland moves to refund the applicant the $250.00 application fee for the appeal. I
know that this is an expensive project and I know you have been working diligently to
remedy it. Having said that the applicant must follow city code if they choose to erect a
fence. Seconded by Ridgeway. Discussion. McFarland AYE; Ridgeway AYE; Kunz AYE.
MOTION CARRIES.
B. Conditional Use Permit and Master Site Plan for an Outdoor Entertainment Facility —
201500916- CU/MSP (Ada County Transmittal) — Jeff Smith: Jeff Smith, represented by Jane
Suggs with Suggs Community Solutions, is requesting a conditional use permit and master site
plan approval to hold multiple outdoor entertainment events throughout the year at the Twin
Oaks Farm properties. Events include, but are not limited to, a Halloween themed corn maze, the
Tater Dash Mud Run, a Winter Wonderland, and other similar events. The 170.71 -acre site is
generally located on the east side of North Eagle Road approximately 1,293 -feet north of the
intersection of West Beacon Light Road and North Eagle Road. This site is located in the Eagle
Area of Impact. (WEV)
Mayor Reynolds introduces the item.
Jeff Smith, 4000 N. Eagle Road Eagle, Idaho. Mr. Smith provides a letter dated July 13, 2015 in
which Jane Suggs addresses the staff report and reviews the same. He also relays his vision for
the property and what they are trying to do with it.
Zoning Administrator Vaughan makes himself available to address any questions.
Discussion amongst Council.
Council chooses to take public comment.
Mike McMurray 902 Stillwell Drive Eagle, Idaho. He does not believe that the neighbors in
general area know about this application. He requests that Council deny this application, he does
not feel there is enough information about the impact of this on the surrounding area. It could
benefit, but it could also negatively impact property values and quality of life. He does not feel it
fits with the Eagle Comprehensive plan.
City Attorney states that this is an Ada County application and that there will be an opportunity
to testify in an Ada County format as well. Eagle is a recommending body for properties that lie
outside of City limits but within the Area of Impact.
Discussion.
Patricia Minkiewicz, Deerfield Court Eagle area of impact. She has been out of town and has not
done her homework on this. This is the first she has heard about the application tonight. She
appreciates Mr. McMurray and the Attorney's comments. Ms. Minkiewicz has several
questions: Will there be restrooms? Will there be a charge for entrance? Is there parking? What
experts have provided comments? Is there enough accident insurance? These are just some
concerns she is raising for consideration.
Attorney McLain provides a brief overview on how Ada County transmittals are processed with
the City of Eagle.
Mr. McMurray isn't clear on compliance with Eagle's Comprehensive Plan.
Mr. Smith addresses some of the comments made by Mr. McMurray and Ms. Minkiewicz.
Discussion.
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McFarland moves to recommend approval to the Ada County Commissioners with the
following changes to the staff recommended conditions: strike condition #1 & 2. #3 shall
stand as stated. #4 shall read: Sunday through Thursday to end at 10:00 p.m., Friday &
Saturday to end at midnight, striking the last sentence and retaining #5 and #6 as written.
Seconded by Ridgeway. Discussion. McFarland: AYE; Ridgeway: AYE; Kunz:
AYE ... MOTION CARRIES.
11. EXECUTIVE SESSION: 67- 2345(f) Executive sessions -- When authorized. (1) An
executive session at which members of the public are excluded may be held, but only for the
purposes and only in the manner set forth in this section. The motion to go into executive
session shall identify the specific subsections of this section that authorize the executive
session. There shall be a roll call vote on the motion and the vote shall be recorded in the
minutes. An executive session shall be authorized by a two- thirds (2./3) vote of the governing
body. An executive session may be held:
A. Pending & /or Threatened litigation 67- 2345(f): To communicate with legal counsel
for the public agency to discuss the legal ramifications of and legal options for pending
litigation, or controversies not yet being litigated but imminently likely to be litigated.
The mere presence of legal counsel at an executive session does not satisfy this
requirement;
No executive session is held.
12. ADJOURNMENT:
McFarland moves to adjourn. Seconded by Ridgeway. ALL AYES: MOTION
CARRIES...
Hearing no further business, the Council meeting adjourned at 8:45 p.m.
Respectfully submitted:
SHARON K. BERGMANN
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CITY CLERK/TREASURER
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PROVED:
SEAL
J MES D. REYNOL S
��''•••••••''�,
AYOR
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL UPON
REQUEST.
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