Minutes - 2015 - City Council - 07/28/2015 - RegularEAGLE CITY COUNCIL
Minutes
July 28, 2015
PRE COUNCIL AGENDA:
1. City Attorney Report: Review of fee collection ordinance and policy for direction.
Planner Baird - Spencer and PZ Administrator Vaughan provide Council an overview of
the collection ordinance and policy. We did follow -up with the other cities on how they
collected fees, provides Council an overview. Discussion on the draft fee schedule. This
will be on a future Council Agenda for a Public Hearing on the fees.
2. Mayor and Council Reports:
Ridgeway: Reports on Volunteers to the Senior Center that helped sort through and
discard items at the Center. Senior Center has been doing really well this year. At the
end of June last year we were in the red and this year we are in the black. The main issue
has been transportation and this year we have partnered with Valley Ride.
Kunz: Discussion on a mediator /negotiator for the Eagle Road State Street Intersection.
The proposal is for more than we budgeted for so we are going to have to work through
that process.
Mayor: None
McFarland: None
Butler: None
3. City Hall Department Supervisor Reports:
Park/Rec- Facilities Director Aho: Displays an overhead and discusses Eagle Fun Days
and the Family Fun night. The Eagle Nazarene Church was the sponsor for this event.
Discusses the cribbing at Friendship Park, the Fun Run, the parade, the Cornhole toss and
the entertainment at Eagle Fun Days. We are in the middle of Concert Series at the
Gazebo, we will have a jazz concert this week. Provides an overview of Guerber Park's
irrigation issues and discusses the new area for fields at Guerber Park. Reports on a
Sports Complex washout. The Eagle Road Pedestrian Bridge is moving forward and the
scope of feasibility is being done. We had a public meeting for input at the Skill Park at
the Sports Complex.
Planning & Zoning Administrator Vaughan: Mike Aho and I are meeting with Nazarene
Church to go over the provisions they would like to see for their property in exchange for
granting the City an easement over their property. General discussion.
City Clerk/Treasurer Bergmann: No report
City Attorney Report: No report
Page 1
KAC0UNCIL\M1NUTES \Temporary Minutes Work Area \CC- 07- 28 -15min doc
INVOCATION:
REGULAR AGENDA:
1. CALL TO ORDER: Mayor Reynolds calls the meeting to order at 6:30 p.m.
2. ROLL CALL: MCFARLAND, BUTLER, KUNZ, RIDGEWAY. All present. A
quorum is present.
3. PLEDGE OF ALLEGIANCE: Mayor Reynolds leads the Pledge of Allegiance.
4. SERVICE RECOGNITION:
A. The City would like to honor the outgoing commission members and thank them
for their service and dedication.
1. The City would like to honor Pam Kelch for her service to the Eagle community
while serving on the Historic Preservation Commission.
2. The City would like to honor Diane Scott for her service to the Eagle community
while serving on the Historic Preservation Commission.
Mayor recognizes Diane Scott and Pam Kelch for their service to the Eagle community
while serving on the Historic Preservation Commission and presents them with a service
award.
5. ADDITIONS, DELETIONS OR MODIFICATIONS TO THE AGENDA: None
6. PUBLIC COMMENT: None
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.
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. Minutes of July 14, 2015.
Page 2
KACOUNCIL\MrNUTES \Temporary Minutes Work Area\CC- 07- 28- 15min.doc
C. Findings of Fact and Conclusions of Law for 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)
D. Findings of Fact and Conclusions of Law for 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)
E. Findings of Fact and Conclusions of Law for 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 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)
F. Minutes of July 14, 2015 special meeting.
G. Noise Waiver Request: Eagle Storage Condos, represented by Ron
Ramza, is requesting a noise waiver to accommodate large concrete pours
at the property located at 9049 N. Horseshoe Bend Road (building permit
# 150680). The dates for the request are July 30, 2015 start time
approximately 3:00 a.m.; August 4, 6 and 11, 2015 start time at
approximately 5:00 a.m. (WEV)
*H. Independent contractor contract with a professor at BSU to analyze
the State/Eagle intersection surveys. (CM)
Butler removes Item #H from the Consent Agenda.
McFarland moves to approve Consent Agenda Items #A — #G. Seconded by Butler.
McFarland: AYE; Butler: AYE; Kunz: AYE; Ridgeway: AYE: ALL AYES:
MOTION CARRIES ..............
7H. Independent contractor contract with a professor at BSU to analyze the
State/Eagle intersection surveys. (CM)
Butler: I don't think it is appropriate to spend city funds on this.
City Attorney McLain provides Council an overview of the contract. I would like to get
back to them if you are not interested in moving forward. General discussion.
Page 3
KACOUNCILVAMTESUemporary Minutes Work Area\CC-07- 28- 1 5min.doc
Butler moves not to approve the contract for the independent contract as noted in Item
#7H. Seconded by McFarland. Discussion. McFarland: AYE: Butler: AYE: Kunz:
NAY: Ridgeway: NAY: Mayor: NAY: Motion fails.
Kunz moves to approve Consent Agenda Item #7H. Discussion. Seconded by
Ridgeway. Discussion. McFarland: NAY: Butler: NAY: Kunz: AYE: Ridgeway:
AYE: Mayor: AYE: Motion carries ................
8. UNFINISHED BUSINESS: NONE
9. 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.
Mayor: Does anyone on Council have any exparte contact to declare for either one of
these items? None
Mayor: Does anyone on Council have any potential or actual conflict of interest for either
one of these items? None
A. CU -04 -14 — Personal Wireless Facility — Doug Kofford/TAEC: Doug
Kofford/TAEC is requesting conditional use permit approval for a cell tower (defined as
"personal wireless facility height -over 35- feet" in Eagle City Code) to be located at the
Eagle High School site in place of an existing baseball field light pole. The applicant is
also requesting conditional use permit approval of a setback waiver to decrease the
minimum tower setback from two times (2x) the height of the tower from the property
line of any residential dwelling. The proposed 2,500- square foot lease area is located
adjacent to the outfield fence of the Eagle High School baseball field approximately 175 -
feet east of North Park Lane at 574 North Park Lane. This item was continued from the
April 14, 2015 meeting. (WEV)
Mayor introduces the issue.
Doug Kofford, applicant, provides Council an overview of the request for a conditional
use permit. General discussion.
Planner Williams provides Council an overview of the application. General discussion.
Planning and Zoning Administrator Vaughan provides Council an overview on the
revised proposal. Discusses a separate tower from the ballfield light and issuing a waiver
to approve the Conditional Permit.
Mayor opens the Public Hearing
Brad Murphy, 5044 W. Brunmier Drive, I am the President of a non - profit corporation
near this property; I didn't realize there was a public hearing on this. Maybe this public
hearing should be re- communicated to the community if the plans are changing so
drastically and open up the public comment again. I don't necessarily have a position on
this. General discussion.
Page 4
KACOUNCUMMTES \Temporary Minutes Work AreACC- 07- 28 -15min doe
Butler moves to approve CPA- 03- 15/RZ -06 -15 — Comprehensive Plan Amendment
and Rezone application for this particular property with 3.9 being modified to have
the rear yard setback to zero, it makes sense, the right -of -way is 24' in the back of
the alley and that is a typical backup space required in aisles for commercial
developments no more is necessary and I would add a special recommendation to be
at the end of the Staff Recommended Approvals that the applicant work with
ACHD to see if there is a possibility to provide a four way stop at the intersection of
Edgewood and Hill Road but this is not to be a condition of development. Seconded
by McFarland. Discussion. ALL AYES: MOTION CARRIES ..........................
10. NEW BUSINESS:
A. US 20/26 (Chinden) Continuous Flow Intersection Proposal- Review and provide
comment to ITD regarding the planning of Continuous Flow Intersections at Linder
Road, Meridian Road and Locus Grove Road. (WEV)
Mayor introduces the issue.
Planner Baird - Spencer provides Council an overview of this project. Currently ITD does
not have any funding for the project and does not have a timeline for improvements.
General discussion.
Craig Eisenberg, I am the developer of Eagle Island Marketplace, discusses the
Continuous Flow Intersection (CFI) and how it will impact his development. We have
some things going on and this is going to have an impact. We studied this to death with
ACHD and ITD. We don't want to see the CFI. General discussion.
Tom Gibbons, I'm with the real estate office with Fred Meyer, when I first learned about
this I was stunned. We weren't even notified about this. If this does happen this will be
devastating to our company. We spent $35M to build this store and the fuel center. It
should stay the way it is. We were at a meeting with ITD today. I am questionable about
the numbers ITD is using. Any way that you can help us keep what we have or come up
with an alternative would be appreciated.
General discussion. Discussion on sending a letter to ITD addressing CFI.
Bob Van Amem, I have been to two major meetings on this issue at ITD. The first
meeting was full of consultants. I called the project manager for this project and there are
half CFI's and a full CFI planned in Meridian. Discusses the road noise. General
discussion.
Further general discussion.
Craig Eisenberg, I hope we can get away from any agreement with a CFI, there is not one
in the State. Discusses ITD's traffic studies.
General discussion. Planning staff is directed to Idaho Transportation Department
conveying the concerns raised by the City Council this evening.
B. AA -05 -15 - Appeal of DR -22 -15 regarding the Design Review Board decision to
approve a temporary public parking lot it Downtown Eagle — Eagle Urban Renewal
Agency: The Eagle Urban Renewal Agency, represented by John Roters with South
Page 6
KiCOUNCU IINUTEMTemporary Minutes Work Area\CC- 07- 28 -15min doe
Landscape Architecture, is requesting design review approval to construct a temporary
public parking area with associated landscaping. The 0.73 -acre site is located on the
southeast corner of West State Street and Olde Park Place at 45 and 75 West State Street
and 64 South Olde Park Place. Appeal of the Design Review Board decision in the matter
of DR- 22 -15. (WEV)
Mayor introduces the issue.
Butler: I asked Bill to appeal this to the Council. As I have seen this proposal for a
temporary parking lot on the Tri -City Meats property move forward it has really
concerned me. It seems to me that it would be best if this Council would approve this
proposal by the Urban Renewal Agency to put in a temporary parking lot for what may be
a year and a half as it is a two year lease that the agency has. Approve this with simple
conditions by removing numerous conditions, 5, 6, 7, 8, 9, 10, 11 and 12. To simply say
"provide a dust free parking area". General discussion.
Butler: therefore I would recommend that Staffs Site Specific Conditions of
Approval Item 5, 6, 7, 8, 9, 10, 11 and 12 all be deleted and be replaced with a
condition that says "The site shall be temporary as stated herein and shall be
graveled to be a dust free parking lot ". Seconded by Ridgeway. Discussion. ALL
AYES: 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.
Mayor introduces the issue.
McFarland moves to go into Executive Session in accordance with I.C. 67- 2345(f)
Pending & Threatened Litigation in regard to Laguna Pointe HOA Litigation.
Seconded by Butler. McFarland: AYE; Butler: AYE; Kunz: AYE; Ridgeway:
AYE: ALL AYES: MOTION CARRIES ..............
Council goes into Executive Session at 8:40 p.m.
Council discusses Laguna Pointe HOA Litigation.
Council leaves Executive Session at 8:50 p.m.
12. ADJOURNMENT:
McFarland moves to adjourn. Seconded by Butler. ALL AYES: MOTION
CARRIES...
Page 7
KACOUNCU IINUPESUemporary Minutes Work Area\CC- 07- 28 -15min doc
Hearing no further business, the Council meeting adjourned at 8:50 p.m.
Respectfully submitted:
SHARON K. BERGMANN
CITY CLERK/TREASURER
A O ED:
STAN RIDGEWAY
COUNCIL PRESIDENT
g�A
goes*
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL
UPON REQUEST.
Page 8
KnCOUNCIUMINUTHStTemporary Minutes Work AremCC -07- 28- 15mm.doc