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
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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.
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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)
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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.
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*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
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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
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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 ..................
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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: .•`` "��•• "'''•.
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AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD
AT WWW.CITYOFEAGLE.ORG.
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