Minutes - 2016 - City Council - 01/12/2016 - RegularEAGLE CITY COUNCIL
Minutes
January 12, 2016
PRE COUNCIL AGENDA:
1. Mayor and Council Reports: None
2. City Hall Department Supervisor Reports:
Building Official Nash: Provides Council a quarterly financial overview of the Building
Department.
Chief Calley: I would be glad to stand for any questions you might have. No questions
from the Mayor and Council.
Planner Williams: A member from IDWR Community Assistance will be here for a
review tomorrow.
City Clerk/Treasurer Bergmann: No report
3. City Attorney Report: None
INVOCATION:
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. CONCLUSION OF OLD BUSINESS:
A. Claims Against the City.
B. Minutes of December 15, 2015.
C. Findings of Fact and Conclusions of Law for CU -11 -15 — Conditional Use Permit
— Coleman Homes, LLC: Coleman Homes, LLC, represented by Becky McKay with
Engineering Solutions, LLP, is requesting conditional use permit approval for a waiver to
reduce the front and rear setbacks on Lots 29 -35, Block 11, The Preserve Subdivision No.
5. The Preserve Planned Unit Development is generally located 650 -feet west of Linder
Road and north of State Highway 44. (WEV)
D. Findings of Fact and Conclusions of Law for A- 04- 15/RZ -09 -15 & PP/FP -01 -15 —
Garrigan Estates Subdivision No. 2 — George and Leigh Brecht: George and Leigh
Brecht, represented by Shawn L. Nickel with SLN Planning, LLC, is requesting an
annexation, rezone from RR (Rural Residential) to RE -DA (Residential Estates with a
development agreement) and combined preliminary and final plat approvals for Garrigan
Estates Subdivision No. 2, a 4 -lot (3- buildable, 1- non - buildable) residential subdivision.
The 15.9 -acre site is located on the north side of West Homer Road approximately 1,950 -
feet west of the intersection of West Homer Road and North Linder Road. (WEV)
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E. Findings of Fact and Conclusions of Law for PP -09 -15 - Crestpoint Place
Subdivision - Northside Management: Northside Management, represented by Scott
Noriyuki, is requesting a preliminary plat approval for Crestpoint Place Subdivision, a
52 -lot (43- buildable and 9- common) residential subdivision. The 7.74 -acre site is located
on the west side of South Edgewood Lane approximately 1,290 -feet north of East State
Street at 103 South Edgewood Lane. (WEV)
F. Findings of Fact and Conclusions of Law for RZ -03 -15 MOD — Modification to
Development Agreement associated with the 43 -unit residential development (aka
Crestpoint Place Subdivision PP- 09 -15) — JLG -5, LLLP.: JLG -5, LLP, represented by
Scott Noriyuki with Northside Management, is requesting a development agreement
modification (development agreement in lieu of a PUD) to modify Condition of
Development #3.8 to permit the applicant to file an alternative method of compliance
application to seek a reduction in the required landscape buffer area width from 35 -feet to
20 -feet. The buffer area is located within the common lot adjacent to Edgewood Lane.
The 7.74 -acre site is located on the west side of S. Edgewood Lane approximately 1,290 -
feet north of E. State Street at 103 S. Edgewood Lane. This development agreement
modification application (rezone) is associated with the preliminary plat for Crestpoint
Place Subdivision, a 43 -unit (42 -new and 1- existing, 5.42 unit per acre) residential
development. The rezone and development agreement application (in lieu of PUD) was
approved by the City Council in advance of the subdivision preliminary plat. (WEV)
G. Findings of Fact and Conclusions of Law for CPA- 04- 15/RZ- 07- 15/PP -04 -15 —
Stillwater Subdivision — Next Level Development, LLC: Next Level Development,
LLC, represented by Kevin McCarthy, is requesting a Comprehensive Plan text
amendment, rezone from BP -DA (Business Park with a development agreement) to MU-
DA (Mixed Use with a development agreement in lieu of a PUD) and preliminary plat
approvals for Stillwater Subdivision, a 94 -lot (60- residential, 12 -live /work, II-
commercial, 1 -flex, 10- common) subdivision. The 39.7 -acre site is located on the south
side of State Highway 44 at the southwest corner of West State Street and State Highway
44.
H. Findings of Fact and Conclusions of Law for CPA- 05- 15/RZ -11 -15 — East End
Marketplace — TPC Commercial, LLC: TPC Commercial, LLC, represented by Shawn
Nickel, is requesting a Comprehensive Map Amendment from Mixed Use to Commercial
and a rezone from BP (Business Park) to MU -DA (Mixed Use with a development
agreement [in lieu of a Conditional Use Permit]) and C -2 (General Business District) to
develop a 48 -unit senior apartment building and commercial area consisting of retail,
financial, and restaurant uses with drive - thrus. The 15.55 -acre site (consisting of seven
parcels) is generally located on the west side of South Edgewood Lane between State
Highway 44 and East State Street inclusive of 1601, 1782, and 1794 East McGrath Road.
(WEV)
I. Findings of Fact and Conclusions of Law for RZ -14 -06 MOD3 — Development
Agreement Modification — Riverside Drive Eagle, LLC: Riverside Drive Eagle, LLC,
represented by Penny Dennis with ESI, is requesting a development agreement
modification to the previously approved development agreement for the 24.6 -acre
(approx.) development known as The Lofts at Eagle River. A portion of The Lofts at
Eagle River (18.6 -acres approx.) became known as Eagle Lofts Subdivision (aka
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Watermark Subdivision). The remaining portion of the development (6 -acres approx.)
became River's Edge Apartments. This development agreement modification is to create
a stand -alone development agreement for the 6 -acre River's Edge Apartment site and to
request modified setbacks. The site is located on the south side of East Riverside Drive
approximately 300 -feet east of East Shore Drive at 827 East Riverside Drive. (WEV)
J. Resolution 16 -03 — Incorporation of Comprehensive Plan Amendments adopted
in December 2015: A Resolution of the Eagle City Council, Eagle, Ada County, Idaho,
amending the 2015 Comprehensive Plan amending the SH -44 and Ballantyne Subarea
Plan and amending the Future Land Use Designation Map; affirming that prescribed
notice and hearing requirements were met in accordance with Title 67, Chapter 65, Idaho
Code and the Eagle City Code; and providing an effective date. (WEV)
K. Letter of Agreement between the City of Eagle and Boise City of Attorney to act
as conflict attorney in the matter between Eagle Superparks LLC and the City of
Eagle. (JDR)
L. Termination of the Concessions and Exclusive Use Agreement for Recreation at
Eagle /Ada Park between the City of Eagle and Eagle Superparks LLC: Authorizing
the Mayor to sign an agreement terminating the contract between Eagle Superparks LLC
and the City of Eagle. Both parties to agreement have mutually agreed to terminate the
agreement.(JDR)
Mayor: The Chair would entertain a motion to accept the Conclusion of Old Business as
written.
Kunz: Mr. Mayor I would so move that we approve the Unfinished Old Business
Items for A through L. Seconded by Butler. McFarland: ABSTAIN; Butler: AYE;
Kunz: AYE; Ridgeway: AYE: THREE AYES: ONE ABSTENTION. (McFarland)
MOTION CARRIES ..............
McFarland: The reason I abstained is that a week ago I moved out of Eagle to Garden
City.
5. OATH OF OFFICE:
A. Oath of Office: City Clerk administers the oath of office to Stan Ridgeway. (SKB)
City Clerk Bergmann administers the Oath of Office for Mayor to Stan Ridgeway and
presents him with a Certificate of Election.
B. Oath of Office: Mayor Ridgeway administers the oath of office to Naomi Preston
and Stan Bastian.
Mayor administers the oath of office for City Council to Stan Bastian and presents him
with a Certificate of Election.
Mayor administers the oath of office for City Council to Naomi Preston and presents her
with a Certificate of Election.
The new Mayor and Councilmembers take their seats.
Mayor recognizes Ada County Commissioners Case and Yzaguirre and Steve Bartlett,
Ada County Sheriff.
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6. ROLL CALL: KUNZ, BASTIAN, PRESTON. All present. A quorum is present.
A. Appointment of Craig Soelberg to fulfill vacated City Council position: Mayor
Ridgeway is requesting Council confirmation of Mr. Soelberg to fulfill the remainder of a
vacated term. His term will expire December 31, 2017.
Mayor introduces the issue.
Kunz moves to confirm the appointment of Mr. Soelberg to fill the remainder of the
vacated City Council seat. Seconded by Bastian. Kunz: AYE; Bastian: AYE;
Preston: AYE: ALL AYES: MOTION CARRIES ..................
B. Oath of Office: Mayor Ridgeway administers the oath of office to Craig Soelberg.
Mayor administers the oath of office for City Council to Craig Soelberg and presents him
with a Certificate of Election.
Councilmember Soelberg takes his seat.
C. Election of City Council President
Mayor introduces the issue.
General discussion.
Preston nominates Councilman Jeff Kunz as Council President. Seconded by
Bastian. Kunz: AYE; Bastian: AYE; Preston: AYE; Soleberg: AYE: ALL AYES:
MOTION CARRIES...
7. SERVICE RECOGNITION:
1. Volunteer of the Month: Carsen Schlienz: On the behalf of Eagle Public Library's
Teen Volunteers I would like to nominate Carsen Schlienz as volunteer of the month.
Throughout the summer Carsen made herself available to the library as a volunteer for the
children's programs as well as the teen programs. When Carsen was scheduled to help
with a children's program she was prompt and would enthusiastically participate with the
children. During the summer months the morning pre - school programs continue. Carsen
asked if she could help with the Thursday and Friday programs. She would arrive early to
help with set -up and then contributed to the fun during the program. The kids responded
to her and followed her movements. A parent told us that we, "complement each other
and make it extra fun." In addition to the help that Carsen provided during the children's
programs, she came to the teen programs and stepped in wherever it was necessary. She
helped the programs to run smoothly and set an example for the other teens. Often Carsen
would come to help set -up for a teen program even though she wouldn't be able to stay to
enjoy the fun. When Carsen would arrive to help with a program I would breathe a sigh
of relief because I knew that I could count on her to give her all. One of the most selfless
things that Carsen did this summer was to clean and fill the glue bottles. While this may
sound like a tedious task, there is a very unique and sticky mess that is created in this
process. Carsen stuck it out until every bottle was usable and every table was scrubbed
clean. Carsen Schlienz is an outstanding and invaluable volunteer, and I am honored
work with her.
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Mayor thanks Carsen Schlienz for her service to the Library and presents her with a
Volunteer of the Month plaque.
Mayor: we had 8 people run for City Council this year which was a great turn out for our
community. I invited everyone who ran for office to come tonight. Mayor recognizes
Shane Curry.
2. Service Recognition of Outgoing Councilmembers, Mark Butler and Mary
McFarland. (SR)
Mayor thanks Mary McFarland and Mark Butler for their service to the City of Eagle and
presents each of them with an appreciation plaque.
3. Service Recognition of Outgoing Mayor, Jim Reynolds. (SR)
Mayor thanks outgoing Mayor Jim Reynolds for his service to the City of Eagle and
presents him with an appreciation plaque.
4. Recognition of Previous Mayors. (SR)
Mayor introduces the former Mayors and presents each with an appreciation plaque:
Jerry Deckard, 1976 -1983
Steve Guerber, 1988 -1995
Rick Yzaguirre, 1997 -2002
Nancy Merrill, 2002 -2008
Phil Bandy, 2008 -2010
Mike Huffaker, 2010
Jim Reynolds, 2010 -2015
Mayor calls a recess.
Mayor reconvenes the meeting.
8. ADDITIONS, DELETIONS OR MODIFICATIONS TO THE AGENDA: None
9. 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.
Cathy Bozman, 1700 W. Floating Feather Road, I'm here to address an issue that has
been going on with Planning and Zoning regarding an issuance of a Home Occupancy
Permit and Direct Signage Permit to a business that allows and directs the public to cross
our private property. Discusses the parcels in the subdivisions and displays the plat.
Discusses the two properties on Hesse Lane and the easement for the properties. We are
a party of interest and we found out in October that a Home Occupancy Permit was
granted by the City of Eagle without our knowledge and approval. General discussion.
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Christian Rasmussen, I am Cathy's live -in boyfriend, discusses the plat and Hesse Lane.
I have also talked to Mr. Vaughan. The sign was posted on our private property and the
City Code Enforcement came out and the sign was moved.
Council asks Staff and the City Attorney to look into this matter and bring it back to
Council.
10. 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. Fireworks America Contract: Authorize the Mayor to sign a contract in
the amount of $10,000 with Fireworks America to provide the Fireworks for
Eagle Fun Days July 9, 2016. (MA)
♦ B. Volunteer of the Month Proclamation — A proclamation of the City of
Eagle declaring January 13, 2016, Carsen Schlienz Day in the City of Eagle
for her dedication and volunteerism!
♦ C. Appointments to the Spring Vallev Community Infrastructure District
Board (CID): Mayor Ridgeway is requesting Council confirmation of the
appointment of Naomi Preston and Stan Bastian to the Spring Valley
Community Infrastructure District Board. (SR)
♦ D.(11.A.1) Resolution 16 -04 — Recreation Program fee schedule: A
Resolution of the City of Eagle, Idaho, establishing a fee schedule for
Recreation Programs coordinated by the Eagle Parks and Recreation
Department; and providing an effective date. (MA)
Kunz I would like to move Item #10A off the Consent Agenda for a brief discussion.
Mayor: is there anyone here who wishes to testify for or against the Recreation
Program Fees? Seeing no one I would entertain a motion to move Item #11.A.1 to
the Consent Agenda. So moved by Kunz. ALL AYES: MOTION CARRIES.........
Kunz moves to approve Consent Agenda Items lOB, C and D. Seconded by Preston.
ALL AYES: MOTION CARRIES .............
10A. Fireworks America Contract: Authorize the Mayor to sign a contract in the
amount of $10,000 with Fireworks America to provide the Fireworks for Eagle Fun Days
July 9, 2016. (MA)
Kunz the reason I asked this to be pulled off the Consent Agenda is because on the last
page they list the fireworks they intend to fire off. In no way do I want to prevent the
fireworks presentation from occurring, I fully support the fireworks presentation. We
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have had citizens express concern about the noise. I would like us to request that the
pyrotechnician to minimize, to the extent possible, the booming or percussion type
fireworks that may be planned.
General discussion.
Mayor and Council direct Director Aho to discuss this issue with Fireworks America to
minimize the noise level if possible.
Kunz moves to approve Consent Agenda Item A the Fireworks America Contract.
Seconded by Soelberg. Bastian: AYE; Preston: AYE; Kunz: AYE, Soelberg: AYE.
ALL AYE..MOTION CARRIES.
11. 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. Public Hearing on new Recreation Program Fees: In accordance with Idaho State
Code 63- 1311A, a public hearing is being held for proposed new fees to cover the cost of
Recreation Programs.
A.1. Resolution 16 -04 — Recreation Program fee schedule: A Resolution of the City
of Eagle, Idaho, establishing a fee schedule for Recreation Programs coordinated by the
Eagle Parks and Recreation Department; and providing an effective date. (MA)
Moved by motion to the Consent Agenda.
12. NEW BUSINESS:
A. Review and discussion on liaison positions for Mayor and Council: (SR)
Mayor introduces the issue.
General discussion on the liaison positions.
B. Discussion on a joint work session date and time between ACHD and City of
Eagle. (SR)
Mayor introduces the issue.
General Discussion. Discussion on a February 4 1 meeting at noon.
13. ADJOURNMENT:
Bastian moves to adjourn. Seconded by Kunz. ALL AYES: MOTION
CARRIES ..................
Hearing no further business, the Council meeting adjourned at 8:15 p.m.
Respectfully submitted:
SHARON K. BERGMANN
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CITY CLERK/TREASURER
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AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD
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