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Minutes - 2016 - City Council - 03/08/2016 - RegularEAGLE CITY COUNCIL Minutes March 8, 2016 PRE COUNCIL AGENDA: 1. Mayor and Council Reports: 2. Bastian: I met with Mary Ann Reynolds with the West Ada County School District. In our conversation, I mentioned the fact that we had substantial new home permits this year and the Spring Valley subdivision is going forward and in 2017 we will see the first subdivision there. I asked her if they had a strategic planning process for considering new schools and she said right now they did not have one but they were going to do that. I encouraged her to contact the Mayor and the Planning Department when that time came so that our planners can be part of the process. 3. Preston: Reports on the Arts Commission meeting held this morning. The Arts Commission funded $1,000.00 for the Plein Air Competition presented by Meg Glasgow. Reports on the Hanging Basket Program. Reports on a meeting last night at the State House where former Mayor Calvin Tillman from Dish, Texas did a presentation. He gave a run down on what happened when gas and oil came into their town. Soelberg: Naomi is going to be our Liaison to the Saturday Market. I walked some of the pathways last week with a couple members of PPDC and identified a couple of things that we want to work on. We want to get working on the Parks Master Plan pretty quick so that they will have a working document on how we want to proceed. There are a couple of things I would like staff to look into. One of them is the Mace connection. General discussion on the Mace connection. We walked the section along Laguna Pointe and it looked like there was a contractor out there to set up the fence and I wanted to make sure staff was aware of that. General discussion on Laguna Pointe fence. I met with Nichoel on the RFP for the change in the Comp Plan and the Economic Development portion of that. Discussion on an Economic Development plan for the City. General discussion. Kunz: Reports on the weekly ACHD meeting. Kunz: We need to set a date for a joint work session with Council, the Parks and Recreation staff and PPDC to review the Eagle Parks Master Plan. General discussion. On Monday, March 28`" at 6:00 p.m. there will be a joint work session for the Mayor, Council, Parks and Recreation staff, PPDC and other stakeholders to review the Eagle Parks Master Plan. 2. City Hall Department Supervisor Reports: Parks/Rec Director Aho: Displays overheads on the 2015 City of Eagle Park and Recreation Annual Report and discusses the same. Zoning Administrator Vaughan: No report City Attorney Mclain: The M3 Company is obligated to do an annual update to the City Council concerning Spring Valley. I have talked to General Manager Mark Tate, with Page I KACOUNCIU IINUTES \Temporary Minutes Work Area\CC- 03- 08- 16nnin.doc M3 Company and he would like to schedule a meeting date to provide the annual update. General discussion. Council is looking at one of the meetings in April with an early start time of 6:00 p.m. for the M3 annual report. City Clerk/Treasurer Bergmann: No report INVOCATION: REGULAR AGENDA: 1. CALL TO ORDER: Council President Kunz calls the meeting to order at 6:30 p.m. 2. ROLL CALL: KUNZ, BASTIAN, PRESTON, SOLEBERG. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Council President Kunz leads the Pledge of Allegiance. 4. 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. Linda Kennedy, 2322 N. Stone Crest Place, a few of us are concerned about oil and gas leases. We went to a presentation given by Calvin Tillman, former Mayor of Dish, Texas at the Statehouse. Discusses the presentation. Carolyn Dullmeyer, 396 E. Woodlander Court, I want to talk about the water fowl hunting next to the Greenbelt and I wanted to show you some maps. Displays maps and discusses the same. General discussion. Nancy Merrill, this property that has just been discussed is the Wells property that the City has acquired and owns. This could be annexed into the City and controlled that way. Patricia Minkiewicz, I have a question about communication and public relations. Discusses the eLetter that is sent out monthly. I do not receive the eLetter anymore. It was my understanding that it was sent to everyone that received agendas. General discussion on the eLetter and that it can be accessed on the City's website. 5. ADDITIONS, DELETIONS OR MODIFICATIONS TO THE AGENDA: A. City Staff requests: None B. Mayor or City Council requests: Bastian: I would like to add to the Consent Agenda the Right -Of -Way Encroachment Agreement between the City of Eagle and Robert Grubb. General discussion. Page 2 KACOUNCIUMiNUTES\Temporary Minutes Work Area\CC- 03- 08- 16min.doc Bastian removes Items #6C the Minutes of February 29, 2016, #6G Lilac Springs Subdivision, and #6J Crossley Park Subdivision from the Consent Agenda. Kunz:Are there further modifications to the Agenda? Hearing none, all those in favor of the additions, deletions and modifications to the Agenda. ALL AYES: MOTION CARRIES............ 6. 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 February 23, 2016. C. Minutes of February 29, 2016. D. Findings of Fact and Conclusions of Law for PP -14 -13 MOD - Overton Acres Subdivision Preliminary Plat Modification — Vince Kouba: Vince Kouba, represented by Pat Tealey with Tealey's Land Surveying, is requesting a modification to the preliminary plat for Overton Acres Subdivision, a 6 -lot (4- buildable, 2- common) residential development. The 4.66 -acre site is located on the west side of South Locust Grove Road approximately 1,000 feet north of Chinden Boulevard at 3145 South Locust Grove Road. (WEV) E. Findings of Fact and Conclusions of Law for CU -10 -15 — Conditional Use Permit - Tahoe Homes: Tahoe Homes, represented by Amy Kelley, is requesting conditional use permit approval for a waiver to reduce the front and rear setbacks within Banbury Meadows Subdivision No. 8. The 11.81 -acre site is generally located on the west side of South Chipper Way approximately 50 -feet north of the intersection of South Chipper Way and West Oakhampton Drive. (WEV) F. Findings of Fact and Conclusions of Law for RZ -05 -02 MOD Modification to the Lakemoor Development Agreement — William Schultz: William Schultz, represented by Kristi Watkins with J -U -B Engineers, Inc., is requesting a development agreement modification to modify the condition of development relating to setbacks within Lakemoor Subdivision No. 5 to permit a rear yard setback of 7.5 -feet on Lot 180, Block 7, located within the "Carriage Home Site" portion of the development. Lot 180, Block 7, is located approximately 780 -feet south of the intersection of East Lakebrook Lane and South Creek Pointe Lane at 2931 South Creek Point Lane. The 178.52 -acre Lakemoor site is generally located on the east side of Eagle Road approximately 1000 -feet north of Chinden Boulevard. (WEV) Page 3 K: \COUNCIL\MINUTES \Temporary Minutes Work Area\CC- 03- 08- 16min.doc G. FPUD- 09- 15/FP -15 -15 — Final Development Plan and Final Plat for Lilac Springs Subdivision No. 1— Coleman Homes, LLC: Coleman Homes, LLC, represented by Becky McKay with Engineering Solutions, LLP, is requesting final development plan and final plat approvals for Lilac Springs Subdivision No. 1, a 95 -lot (85 buildable, 10 common) residential planned unit development. The 47.65 -acre site is generally located at the northwest corner of West Floating Feather Road and North Lanewood Road at 5926 West Floating Feather Road. (WEV) H. Findings of Fact and Conclusions of Law for AA- 06- 15/DR -17 -14 MOD — Applicant Appeal of Design Review Application DR -17 -14 MOD (Creek Water irrigation pond fence) — Bill Barros: Bill Barros, represented by Hethe Clark with Spink Butler, is appealing the Design Review Board decision regarding the requirement to remove the non - approved fence previously constructed around the irrigation pond within the Creek Water Subdivision common area. The 12.7 -acre site is located on the south side of West Floating Feather Road approximately I/4 -mile east of Park Lane at 3577 and 3395 West Floating Feather Road. (WEV) I. Findings of Fact and Conclusions of Law for AA- 01- 16/DR -30 -05 MOD3 — Applicant Appeal of Design Review Application DR -30 -05 MOD3 (Laguna Fence) — Steve Peel: Steve Peel, represented by Nicole Hancock with Stoel Rives, is requesting a modification to the subdivision's design review approval to allow for the installation of a smooth (barbless) wire fence with metal t -posts (approximately 4,375 -feet in length) within Common Lot 35 along the south side of the pathway along the south side of the Boise River. The subdivision is located on the east side of South Eagle Road approximately 800 -feet north of East Colchester Drive. (WEV) J. FP -13 -15 - Final Plat for Crossley Park Subdivision — Greg Hall: Greg Hall, represented by Tim Mokwa with KM Engineering, LLP, is requesting a final plat approval for Crossley Park Subdivision, a 33 -lot (28- buildable, 5- 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) K. Resolution 16 -13 — Authorizing the destruction of semi - permanent records. (SKB) L. March for Meals Month Proclamation: (SR) M. 300' Distance Waiver for the service and /or sale of alcoholic beverages — Spreng -Day Vintners, LLC dba: Cellar 616: Ken Rufe, representing Spreng Day Vintners LLC, is requesting a distance waiver as allowed in Idaho State Code 23- 101113. State Code does not allow alcohol to be sold or dispensed to be consumed within three hundred (300) feet of any public school, church, or any other place of worship, except with approval of the governing body of the municipality. Mr. Rufe is requesting a waiver from Council for his business premises located at 66 Riverview St. Eagle, Idaho. Mr. Rufe has obtained a home occupation permit through the City of Eagle Planning and Zoning Department ZP- 19 -15. Page 4 KACOUNCIUMTNUfESUemporary Minutes Work Area\CC- 03- 08- 16min.doc *N. Right of Way encroachment agreement between the City of Eagle and Robert Grubb. Soelberg moves to approve the Consent Agenda with the modifications we have voted for. Seconded by Preston. Bastian: AYE; Preston: AYE; Kunz: AYE, Soelberg: AYE: ALL AYES: MOTION CARRIES ................... 6C. Minutes of February 29, 2016. Bastian: One of the items that we discussed was what we could do to stop hunting in the open space along the river. I would like to have the Planning and Zoning staff research this situation and report to the Council on what can be done to annex the property into the City so we can stop the hunting along those areas. General discussion on annexation of the "Wells Property" which is owned by the City of Eagle. Kunz: Hearing no further questions in regards to the February 29, 2016 minutes, the chair would consider a motion (to approve the minutes of February 29, 2016). So moved by Bastian. Seconded by Preston. ALL AYES: MOTION CARRIES ........................ 6G. FPUD- 09- 15JFP -15 -15 — Final Development Plan and Final Plat for Lilac Springs Subdivision No. 1 — Coleman Homes, LLC: Coleman Homes, LLC, represented by Becky McKay with Engineering Solutions, LLP, is requesting final development plan and final plat approvals for Lilac Springs Subdivision No. 1, a 95 -lot (85 buildable, 10 common) residential planned unit development. The 47.65 -acre site is generally located at the northwest corner of West Floating Feather Road and North Lanewood Road at 5926 West Floating Feather Road. (WEV) Council President Kunz introduces the issue Bastian discusses the rear setbacks and the setbacks from house to house. I was surprised to find that the rear setbacks for the homes in this subdivision is proposed at 20'and the standards former Councils have established and I think it is still a City Ordinance is 25'. The setback from house to house in Code is 7.5' and this is 5' with an additional 2.5' per story so you don't get a canyon effect of houses real close together. I don't think this is a standard for the City of Eagle and I think we should give notice to the Planning and Zoning that we will not accept this kind of a setback situation in the future. General discussion. Becky McKay, representing the applicant, discusses the setbacks in the development. We have several different lot sizes. We have also provided several amenities in this project. We do have to accommodate the market place and I hope the Council takes this into consideration. Further general discussion. Soelberg moves to approve Agenda Item #6G. Seconded by Preston. ALL AYES: MOTION CARRIES .................... 6J. FP -13 -15 - Final Plat for Crossley Park Subdivision — Greg Hall: Greg Hall, represented by Tim Mokwa with KM Engineering, LLP, is requesting a final plat Page 5 KACOUNCIUMINUTES \Temporary Minutes Work Area\CC-03- 08 -16min doc approval for Crossley Park Subdivision, a 33 -lot (28- buildable, 5- 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) Council President Kunz introduces the issue. Bastian: I have one concern. On Page 2, the third bullet point and the next to the last sentence that reads, "The pressurized irrigation system on all common lots shall be owned and maintained by the Crossley Park HOA ". I didn't see where this had been put into place. Discussion on the pressurized irrigation. Zoning Administrator Vaughan: The approval of this Final Plat Application would constitute a pressurized irrigation waiver for reasons cited in the correspondence and the Staff Report itself. General discussion. Bastian moves to approve Item #6J for the Crossley Park Subdivision. Seconded by Soelberg. ALL AYES: MOTION CARRIES .................... 7. UNFINISHED BUSINESS: NONE 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. Public Hearing on proposed Library fees and fines: On October 15, 20125 the Eagle Public Library recommended approval of the proposed fine and fee schedule. In accordance with Idaho State Code 63- 1311A, a public hearing to consider repealing the Library Fees and Fines schedule and adopting a new Library Fees and Fines schedule is being held. (SB) 1. Resolution 16 -10: A resolution of the Eagle City Council repealing all existing fine and fee schedules for the Eagle Public Library and adopting a new fine and fee schedule; and establishing an effective date. Council President Kunz introduces the issue. Library Director Bumgarner provides Council an overview of the new Library Fees and Fines schedule. Council President Kunz opens the Public Hearing Kunz: There is no one signed up to offer testimony. Is there anyone in the audience who would like to testify on this matter? Hearing none, we will go ahead and close the Public Hearing. Soelberg moves to approve Resolution 16 -10 as written. Seconded by Bastian. ALL AYES: MOTION CARRIES...... 9. NEW BUSINESS: A. IFYWP 2017 -2021— Integrated Five Year Work Plan (Agency Requests): Review and recommendation to the Ada County Highway District regarding future City roadway projects and transportation related needs within the community. City staff will present the Page 6 KACOUNCIUMMUTES \Temporary Minutes Work Area\CC- 03- 08- 16min.doc Eagle Transportation Committee's recommendation regarding the updated agency request list for the prioritization of transportation projects within the City of Eagle. (NBS) Council President Kunz introduces the issue. Planner Baird Spencer provides Council an overview of the Eagle Transportation Committee's recommendation in regards to the Integrated Five Year Work Plan. General discussion. Bastian moves that we forward the City's transportation recommendations for inclusion in the ACHD's FY 2017 -2021 — Integrated Five Year Work Plan as recommended by the Transportation Committee and presented by Nichoel. Seconded by Preston. Discussion. ALL AYES: MOTION CARRIES .................. 1( YUBLIU UU 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 on the agenda. At times, the City Council may seek comments /opinions regarding specific City matters during this allotted time. Out of courtesy for all who wish to speak, the City Council requests each speaker limit their comments to three (3) minutes. Nancy Merrill, I think this is a wonderful plan you have put together for this transportation plan and I would caution just one thing. We should request ACHD to consider the City's design for our streets with trees and separated sidewalks instead of the drainage swells. 11. ADJOURNMENT: Bastian moves to adjourn. Seconded by Preston. ALL AYES: MOTION CARRIES ................ Hearing no further business, the Council meeting adjourned at 7:40 p.m. Respectfully submitted: .•`` "��•• "'''•. of E 4. A—e (� O�e0R4r�' 'Z SHARON K. BERGMANN CITY CLERK/TREASURER sv * U �• AI, o. At APP D: '•, d'T'••...• Q`;•r JEFFICtNiZ, IDENT AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT WWW.CITYOFEAGLE.ORG. Page 7 K.TOUNCUMTNUTES1Temporary Minutes Work AreACC- 03- 08 -16min doc