Minutes - 2017 - City Council - 03/28/2017 - RegularEAGLE CITY COUNCIL
Meeting Minutes
March 28, 2017
INVOCATION
1. CALL TO ORDER: Mayor Ridgeway calls the meeting to order at 5:30 p.m.
2. ROLL CALL: KUNZ, BASTIAN, PRESTON, SOELBERG. All present. A
quorum is present.
3. PLEDGE OF ALLEGIANCE: Mayor Ridgeway leads the Pledge of Allegiance.
4. 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.
5. ADDITIONS. DELETIONS OR MODIFICATIONS TO THE AGENDA:
A. City Staff requests. None
B. Mayor or City Council requests. None
Kunz: I'm wondering if we should move the New Business Items ahead of the Public
Hearings since the Public Hearings cannot be heard until 6:00 p.m.
Kunz moves to Amend the Agenda to take New Business Items #A & #B, Ordinance
#772 and #773 respectively, and move them just ahead of the Public Hearings as #7.
5A & B. Seconded by Soelberg. Mayor: is there any discussion? Is there any
opposition? Seeing none, we have Amended the Agenda.
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 Citv.
B. Minutes of March 9, 2017 Special Joint Meeting. (SH)
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C. Minutes of March 6.2017 Special Joint Meeting. (WEV)
D. Resolution 17-07: Fair Housing Resolution declaring the April as Fair Housing
Month in the City of Eagle. (SKB)
E. FP -13-16 — Final Plat for Overton Acres — Kouba Homes: Kouba Homes,
represented by Donna Ahmed with Tealey's Land Surveying, is requesting final plat
approval for Overton Acres, a 6 -lot (4 -buildable, 1 -common, 1 -private road)
residential subdivision. The 4.66 -acre site is located approximately 1,200 -feet north
of the intersection of South Locust Grove Road and East Chinden Boulevard at 3145
South Locust Grove Road. (WEV)
F. FPUD-01-17/FP-04-17 — Final Development Plan and Final Plat for Lilac
Springs Subdivision No. 2 — Toll ID. LLC: Toll ID, LLC, represented by Shari
Stiles with Engineering Solutions, LLP, is requesting final development plan and final
plat approvals for Lilac Springs Subdivision No. 2, a 39 -lot (35 buildable, 4 common)
residential subdivision. The 16.36 -acre site is located at the northwest corner of West
Floating Feather Road and North Lanewood Road at 5926 West Floating Feather
Road. (WEV)
G. Findings of Fact & Conclusions of Law for A-09-16 & RZ-15-16 — Annexation
and Rezone from RUT (Rural -Urban Transition — Ada County designation) and
A -R (Agricultural -Residential) to MU -DA (Mixed Use with a Development
Agreement) — Ed Chaney: Ed Chaney, represented by Kirsti Grabo with KM
Engineering, LLP, is requesting an annexation and rezone from RUT (Rural -Urban
Transition — Ada County designation) and A -R (Agricultural -Residential) to MU -DA
(Mixed Use with a development agreement). The 6.58 -acre site is located on the south
side of State Highway 44, approximately 1,690 -feet west of the intersection of West
State Street and State Highway 44 at 2811West State Street. (WEV)
H. Findings of Fact & Conclusions of Law for RZ-23-07 MOD2 — Development
Agreement Modification — Terra View. LLC: Terra View, LLC, represented by
Justin Martin, is requesting a development agreement modification (Instrument
#112020312) associated with the MU -DA (Mixed Use with a development agreement
in lieu of a PUD) zoning classification for the Terra View development, a mixed use
development including +/- 231.7 acres of residential use (single-family and multi-
family units) and +/- 55.9 acres of commercial uses. The applicant is requesting a
modification regarding the timing of submittal of a preliminary plat application. The
287.6 -acre site is located at the Northeast corner of Beacon Light Road and State
Highway 16. (WEV)
I. Plaza Drive Extension Task Order 17-01 with Baer Design Group. LLC. for
Construction and Warranty Management: Request for approval of the Plaza Drive
Extension Task Order 17-01 with Baer Design Group, LLC. for construction
management, inspection, and warranty maintenance for the landscape, irrigation,
lighting and concrete work associated with the City of Eagle's portion of the Plaza
Drive extension. Contract is to be billed hourly at a rate of $70/hour with a not to
exceed amount of $15,000 from March 2017 through the 1 -year warranty period at the
time of project completion by ACHD. (WEV)
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J. Eagle Employee -Student In -Service Education Program Agreement: In
accordance with Resolution No. 06-31, Alana Dunn, Eagle Historical Museum
Curator, is requesting to apply for tuition and registration fees in association with an
undergraduate degree in Art History at Arizona State University. (SR & SKB)
K. Minutes of March 14.2017. (SKB)
Bastian moves to approve the Consent Agenda as presented. Seconded by
Soelberg. General discussion. Bastian: AYE; Preston: AYE; Kunz: AYE;
Soelberg: AYE: ALL AYES: MOTION CARRIES
7.(9.) NEW BUSINESS:
7A.(9A) Ordinance 772 - Amending Title 2 — Chapter 6 Eagle Arts Commission: An
Ordinance of the City of Eagle, Ada County Idaho amending Eagle City Code Title 2
"Boards and Commissions", Chapter 6 "Eagle Arts Commission", Section 2-6-3
providing a severability clause; and providing an effective date. (SR)
Mayor introduces the issue.
Bastian moves, pursuant to Idaho Code, Section 50-902, that the rule requiring
Ordinances to be read on three different days with one reading to be in full be
dispensed with, and that Ordinance #722 be considered after being read once by
title only. Seconded by Soelberg. ALL AYES: MOTION CARRIES
•
Bastian moves that Ordinance #722 be adopted the title of which is an ordinance of
the City of Eagle, Ada County Idaho amending Eagle City Code Title 2 `Boards and
Commissions", Chapter 6 "Eagle Arts Commission", Section 2-6-3 providing a
severability clause; and providing an effective date. Seconded by Kunz.
BASTIAN: AYE; PRESTON: AYE; KUNZ: AYE; SOLEBERG: AYE: ALL AYES:
MOTION CARRIES
7B.(9B) Ordinance 773 — Amending Title 1 Chapter 6 City Officers and Employees:
An ordinance of the City of Eagle, Ada County Idaho amending Eagle City Code Title 1
"Administration", Chapter 6 "City Officers and Employees", Section 1 "Appointment of
Officers"; and providing a severability clause; and providing an effective date. (SR)
Mayor introduces the issue.
Bastian moves, pursuant to Idaho Code, Section 50-902, that the rule requiring
Ordinances to be read on three different days with one reading to be in full be
dispensed with, and that Ordinance #733 be considered after being read once by
title only. Seconded by Kunz. ALL AYES: MOTION CARRIES
Bastian moves that Ordinance #733 be adopted the title of which is an ordinance of
the City of Eagle, Ada County Idaho amending Eagle City Code Title 1
"Administration", Chapter 6 "City Officers and Employees", Section 1
"Appointment of Officers"; and providing a severability clause; and providing an
effective date. Seconded by Kunz. BASTIAN: AYE; PRESTON: AYE; KUNZ:
AYE; SOLEBERG: AYE: ALL AYES: MOTION CARRIES
Kunz: I would move that we Amend the Agenda again to move Item #11 Reports, A,
B and C to the current location on the Agenda. Seconded by Soelberg. Mayor: any
opposition? Then we amended the Agenda.
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11. REPORTS:
A. Mayor and Council Reports:
Bastian: No report
Preston: Chief Calley will give a presentation on his trip to Austria for the Special
Olympics at the Library on May 1 at 7:00 p.m. Reports on her meeting at Avimor.
The USF&G presentation on the Bald Eagle will be 7:00 p.m. on Thursday May 4th at the
Library.
Soelberg: Reports on the Parks and Pathway meeting. I want to thank the City and City
Staff for their kind wishes for my baby boy being born.
Kunz: No Report
Mayor: Reports on the Mace Trail and the flooding issues. Also, the fracking people
would like to be placed on a future agenda. I told them they could be on an Agenda in
April. General discussion.
City Attorney Holinka: Reports on the legislation in regards to fracking. General
discussion.
Mayor: Reports on the Eagle Fun Days fireworks. We will do several outreaches to give
a warning about the fireworks. We are working with the contractor to have the quietest
fireworks available.
B. City Hall Department Supervisor Reports: No reports
PZ Administrator Vaughan:
Building Official Nash:
City Clerk Treasurer Bergmann:
C. City Attorney Report:
Kunz: I move, yet again, to amend the Agenda by moving Item #12. Executive
Session to the current time. Specifically, for the discussion the on Orville and Floy
Jackson House. Seconded by Preston. Mayor: is there any opposition to Amending
the Agenda? Seeing none we are ready for a motion.
12. EXECUTIVE SESSION: §74-206 - When authorized. (1) An executive session at
which members of the public are excuded 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. I.C. 74-206(1)(c) To acquire interest in real property which is not owned by
the agency. Orville and Floy Jackson House.
Kunz: I move pursuant to Idaho Code Section I.C. 74-206(1)(c) that we enter into an
Executive Session for the purpose of discussing acquisition of interest in real
property which is not owned by the agency. I would also like to add Subsection (f)
to communicate with legal counsel regarding potential litigation. There is an
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additional Executive Session item related to Palmetto Drive extension that I believe
warrants or necessitates the addition of subsection (0 with consultation with legal
counsel. Kunz withdraws this. Seconded by Preston. Bastian: AYE;
Preston: AYE; Kunz: AYE; Soelberg: AYE. ALL AYES: MOTION
CARRIES
Mayor reports on the Park Bench that is in Chambers that says "Together Treasure
Valley". The City received three of these benches through a grant the Idaho Statesman
sponsored with a lot of local business. One bench goes at Guerber Park, one at Ada Eagle
Sports Complex and one at the Sr. Center.
Council goes into Executive Session at 5:50 p.m.
Council discusses the Orville and Floy Jackson House.
Council leaves Executive Session at 6:15 p.m.
7. UNFINISHED BUSINESS: NONE
8. PUBLIC HEARINGS: Public hearings will not begin prior to 6:00 p.m.
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. RZ-02-03 MOD3 — Modification to Development Agreement — Steve Peel: Steve
Peel, represented by David Sterling with T -O Engineers, is requesting a modification to
the rezone development agreement associated with Lot 49, Block 1, within Coast 2 Coast
Subdivision (aka Laguna Pointe Subdivision) to modify the permitted commercial uses
and building size allowances. The 1.51 -acre site is located on Riversedge Drive
approximately 260 -feet east of Eagle Road at 112 East Riversedge Drive. This item was
continued from the February 28, 2017, City Council Meeting. (WEV)
Mayor introduces the issue.
PZ Administrator Vaughan: displays a power point presentation and provides the
Council and overview of the application.
David Sterling, T -O Engineers, displays a power point presentation and provides Council
an overview of the application. General discussion.
Mayor opens the public hearing
No one is signed up to testify on this issue. Is there anyone in the audience who would
like to testify? Hearing none.
Mayor closes the public hearing
General Council discussion.
Kunz moves that we continue Item #8A RZ-02-03 MODS—Modification to
Development Agreement—Steve Peel to the next City Council meeting,
approximately 2 weeks from today and that the Applicant be provided the
opportunity to provide a written response within the next 15 days but at least 5
business days prior to the next City Council meeting and furthermore the Public
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Hearing will not be reopened. We will accept the written response from the
Applicant in lieu of reopening the Public Hearing. Seconded by Preston. General
discussion. Kunz: make it 5 days to the next City Council meeting. Second concurs.
ALL AYES: MOTION CARRIES
B. RZ-16-16/PP-10-16 — Larkin Villase Subdivision — Paradigm Construction — Jim
Larkin: Paradigm Construction — Jim Larkin, represented by Joe Pachner with KM
Engineering, LLP, is requesting a rezone from MU (Mixed Use) to MU -DA (Mixed Use
with a development agreement [in lieu of a conditional use permit]) and preliminary plat
approvals for Larkin Village Subdivision, a 17 -lot (11 residential, 1 commercial, 4
common, and 1 private street) subdivision. The 1.55 -acre site is located on the south side
of East State Street approximately 115 -feet east of South Golden Eagle Lane at 1301 East
State Street. (WEV)
Mayor introduces the issue.
Planner Williams displays a power point presentation and provides Council an overview
of the application.
Joe Pachner, KM Engineering, LLP, and Jim Larkin are present.
Joe Pachner, representing the applicant, displays a power point presentation and provides
Council an overview of the application.
Jim Larkin, provides additional information on the application. General discussion.
Mayor opens the public hearing
No one is signed up to testify on this issue. Is there anyone in the audience who would
like to testify? Hearing none.
Mayor closes the public hearing
General Council discussion.
Soelberg moves to approve RZ-16-16/PP-10-16 — Larkin Village Subdivision—
Paradigm Construction—Jim Larkin with the proposed amendments by Mr. Kunz.
Mayor: that amendment specifies the total number of parking spots. The number
of parking spaces will be seven (7). General discussion. ALL AYES: MOTION
CARRIES
C. CPA-02-16/RZ-14-16/CU-08-16/PPUD-03-16/PP-08-16 — VaLvnn Subdivision —
Roth Homes: Roth Homes, represented by Mark Butler with Land Consultants, Inc., is
requesting a comprehensive plan map amendment from Residential Four to Residential
Five, a rezone from R-4 (Residential) to R -5 -DA -P (Residential with a development
agreement — PUD), conditional use permit, preliminary development plan, and
preliminary plat approvals for VaLynn Village Subdivision, a 28 -lot (23 buildable, 5
common) residential planned unit development. The 4.64 -acre site is located at the
terminus of West Cowman Court and South Grandean Way at 701 West Cowman Court.
(WEV)
Mayor introduces the issue.
Planner Williams, displays a power point presentation and provides the Council an
overview of the project. General discussion.
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Mark Butler, Land Consultants, Inc., representing the applicant, displays a power point
presentation and provides the Council an overview of the application. General
discussion.
Mayor opens the public hearing
Nicki Hill, 180 S. Granddean Way, expresses her concerns about the dog park.
Mark Butler addresses the concerns on the enforcement of the dog park.
General Council discussion.
Mayor closes the Public Hearing
Kunz moves to approve CPA-02-16/RZ-14-16/CU-08-16/PPUD-03-16/PP-08-16
VaLynn Subdivision — Roth Homes that the Comprehensive Plan Map Amendment
stipulate transitional residential as opposed to the R5 as per staff recommendation.
Seconded by Soelberg. ALL AYES: MOTION CARRIES
9. NEW BUSINESS:
A. Ordinance 772 - Amending Title 2 — Chapter 6 Eagle Arts Commission: An
Ordinance of the City of Eagle, Ada County Idaho amending Eagle City Code Title 2
"Boards and Commissions", Chapter 6 "Eagle Arts Commission", Section 2-6-3
providing a severability clause; and providing an effective date. (SR)
Moved to the beginning of the Agenda and Approved.
B. Ordinance 773 — Amending Title 1 Chapter 6 City Officers and Employees: An
ordinance of the City of Eagle, Ada County Idaho amending Eagle City Code Title 1
"Administration", Chapter 6 "City Officers and Employees", Section 1 "Appointment of
Officers"; and providing a severability clause; and providing an effective date. (SR)
Moved to the beginning of the Agenda and Approved.
Mayor calls a recess at 8:20 p.m.
Mayor reconvenes at 8:30 p.m.
C. AA -03-17 — Appeal of Design Review Application DR -02-17 for Williamson
River Ranch Subdivision: The City of Eagle, represented by William E. Vaughan,
AICP, Zoning Administrator, is appealing the Design Review Board's decision on the
above referenced matter in accordance with Eagle City Code (ECC) Section 8-2A-14.
Staff is requesting City Council review and consideration of the design and alignment
specifications of the 10 -foot wide public pathway that generally runs along the northern
and eastern portion of the site.
PROJECT SUMMARY:
Williamson River Ranch, LLC, represented by Tamara Thompson with The Land Group,
Inc., is requesting design review approval for the common area landscaping, pool, and
pool house (2,175 -square feet) within Williamson River Ranch Subdivision. The 74.32 -
acre site is located at the eastern terminus of East Island Woods Drive. (WEV)
Mayor introduces the issue.
PZ Administrator Vaughan: displays a power point presentation and provides the Council
an overview of the application.
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Joanne Butler, representing the applicant, Tamara Thompson is also with me tonight,
provides the Council an overview of the issues. There is no procedural miscue. I think it
is inappropriate for Bill to appeal the Design Review. The Take Permit has not been
discontinued. I would ask the Council to ask staff for a small work group. General
discussion.
Soelberg moves to continue this for a period of time until the applicant has an opportunity
to present this to the Parks & Pathways Commission and get the letters from the different
consultants so that we can make an informed decision. Seconded by Preston.
Discussion.
Soelberg restates his motion: That we continue the Appeal until such time that the
PPRC has a chance to have the Applicant present and make a decision as to what
type of pathway they would recommend and what type of material and what
location they would recommend and then I would like the Applicant to be able to
provide whatever information they would like us to consider and we take it up at a
further City Council meeting. General discussion. Seconded by Preston. General
discussion. ALL AYES: MOTION CARRIES
10. 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 any
matter, up to and including any subject on the agenda with the exception of Public
Hearing items. Comments regarding Public Hearing items need to be made during
the open public hearing for said item(s) in accordance with Idaho Code. At times, the
City Council may seek comments/opinions regarding specific City matters (excluding
Public Hearing items) 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.
11. REPORTS: Moved to front of the Agenda
A. Mayor and Council Reports:
B. City Hall Department Supervisor Reports:
C. City Attorney Report:
12. EXECUTIVE SESSION: §74-206 - 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. I.C. 74-206(1)(c) To acquire interest in real property which is not owned by
the agency. Orville and Floy Jackson House.
Moved to the front of the Agenda.
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14. ADJOURNMENT:
Soelberg moves to adjourn. Seconded by Preston. Mayor: Seeing no opposition, we
are adjourned.
Hearing no further business, the Council meeting adjourned at 9:15 p.m.
Respectfully submitted:
Q—t4J
SHARON K. BERGMANN 1
CITY CLERK/TREASURER
AP' ' OVED:
S " RIDGEWAY
MAYOR
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD
AT WWW.CITYOFEAGLE.ORG.
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EAGLE CITY COUNCIL MEETING
PUBLIC HEARING SIGN-UP
CPA-02-16/RZ-14-16/CU-08-16/PPUD-03-16/PP-08-16 — VaLynn Subdivision — Roth
Homes
March 28, 2017
NAME
PLEASE PRINT ADDRESS
L
TESTIFY
YES/NO
PRO/ CON
NEUTRAL
EAGLE CITY COUNCIL MEETING
PUBLIC HEARING SIGN-UP
RZ-16-16/PP-10-16 — Larkin Village Subdivision — Paradigm Construction — Jim Larkin
March 28, 2017
NAME
PLEASE PRINT ADDRESS
TESTIFY PRO/ CON
YES/NO NEUTRAL
EAGLE CITY COUNCIL MEETING
PUBLIC HEARING SIGN-UP
RZ-02-03 MOD 3 — Modification to Development Agreement — Steve Peel
March 28, 2017
NAME (9
PLEASE PRINT ADDRESS
TESTIFY PRO/ CON
YES/NO NEUTRAL
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