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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) Page 1 J:\COUNCIL\MINUT S\Temporary Minuses Work Area\CC-03-28-17min.doc 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) Page 2 1:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-03-28-17min.doc 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. Page 3 1:\COUNCIL\MINUTES\Temporary Minutes Work Area \CC-03-28-17min.doc 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 Page 4 J:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC 03-28 17min.doc 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 Page 5 1:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-03-28-17min.doc 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. Page 6 J:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-03-28-17min.doc 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. Page 7 J:\COUNCIL MINUTES\Temporary Minutes Work Area\CC-03-28-17min.doc 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. Page 8 J:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-03-28-17min.doc 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. Page 9 1:1COUNCIL\MINUTES\Temporary Minutes Work Area1CC-03-28- I7min.doc 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 I I lu Aviation Way smeed Parkway !, KCID Road Ward Road Middleton Road Midland Road Northside Blvd. Franklin Road 11th Avenue Can -Ada Road N , 'ems+[ 4m i p � r r r a ► >A N , 'ems+[ IIjj N 3 C> CT CD CLwok � h Can -Ada Road �. ria a Q C) Star Road rm4A (D O (D sHMs f M �f o rt> rD V) (D�/��a Black Cat Road T'1 C Tree Faryi We iiia C ( D A�] V Ten Mlle Road_ Long Lake Way -_ Linder Road Fox Run � Meridian Road CL Castlebury Avenue ...--- ------------------ m Locust Grove Road Stafford Drive Eagle Road An innovative intersection design that accommodates higher traffic volumes than a traditional intersection. 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