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Minutes - 2018 - City Council - 07/10/2018 - RegularEAGLE CITY COUNCIL Meeting Minutes July 10, 2018 INVOCATION: 1. CALL TO ORDER: Mayor Ridgeway calls the meeting to order at 6:00 p.m. 2. ROLL CALL: BASTIAN, GOLD, PITTMAN, MITCHELL. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Mayor leads the Pledge of Allegiance. 4. Presentation from Idaho Patriot Thunder - Bruce Wong, Colonel U.S. Air Force (Ret.). Mayor: Mr. Wong is not present so we will have this presentation later in the Agenda. Mayor: we have another presentation tonight that is not the Agenda. Discusses Eagle Fun Days. This year the parade coordinators from the Outdoor Event Group decided to award 3 trophies. One for the Best Overall, one for the Wet Parade entry and one for the Dry Parade entry. We have Mike and Jonathan here from the Outdoor Event Group. Mike plays a video of the Eagle Fun Days Parade. We have three trophies and all of the winners are present. BMX Park of Eagle are winners of the Dry Parade. Foothills Physical Therapy is the winner of the Wet Parade. Best Over All winner is Labor Masonry. General discussion. 5. BUDGET DISCUSSION: Fiscal Year 2018/2019 [5:30 p.m. - 6:30 p.m.] Mayor introduces the issue. I would like to ask that we move this Budget Discussion to after the Public Hearings. Mitchell moves to move the Budget discussion to the end of the Agenda. Seconded by Pittman. Mayor: is there any objection? Seeing none we will move Item #4 to the end just before New Business. 6. 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. Terri Loftus: I would like to request that the Planning and Zoning Department update our neighborhood's zoning so that it is no longer considered a non -conforming neighborhood. Discusses the subdivision and when it was developed. This is Hill Road and Dickey Drive above Guerber Park. General discussion. Council concurs to have the Public Works Bob Van Amem, 3049 S. Whitepost Way: is it appropriate to discuss the change to the Agenda? Discusses the time of the Public Hearings. Discusses the 4th of July fireworks launched by neighbors in his subdivision. Law Enforcement informed me that there is no Page 1 J:ICOUNCILIMINUTESITcmporary Minutes Work Area1CC-07-10-18min.doc ordinance in the City of Eagle that prohibits fireworks. I have done research of Idaho Code and Eagle City Code. What I am asking for is that the City Attorney search State Statute to see if they are outlawed, I would like an ordinance from the City of Eagle to outlaw fireworks, especially mortars, and that the City Police Department enforce the law. General discussion. Mark Butler: I've gone to 23 Eagle Fun Days. That was the best Eagle Fun Days. Congratulation whoever put this on. Also, I spent the 4th of July in Banbury and I was surprised of the loud fireworks. Mayor discusses the organization of Eagle Fun Days. 4. Presentation from Idaho Patriot Thunder - Bruce Wong, Colonel U.S. Air Force (Ret.). Mayor introduces the issue. Bruce Wong: I want to thank the City of Eagle, on June 10th we hosted the 9th Annual Idaho Patriot Thunder a military family charity event. This is now Idaho's largest motorcycle military charity on the West Coast and in the Northwest. We raise dollars for the Idaho Guard Reserve Support Fund and Mountain Home Air Force Base. Everybody that participates a volunteer. 100% of donations goes to support military families. Discusses the Ride Out. One of the highlights of this is all of those U.S. Flags that the City of Eagle very generously lets us use to mark the departure route. This year we had 665 riders and we raised $18,000. I want to thank you for allowing us to use your flags of the Field of Honor. Presents a plaque to the Mayor for the City and presents the Mayor and the Councilmembers with the official patch of the 9th Annual Ride. Presents the Mayor with his coin for the work on the Eagle Fun Days. General discussion on the Field of Honor. 7. ADDITIONS, DELETIONS OR MODIFICATIONS TO THE AGENDA; INCLUDING THE CONSENT AGENDA: Mayor or City Council requests. Gold removes Item #C from the Consent Agenda and continue it to the next City Council meeting. Seconded by Bastian. Mayor: any opposition? Seeing none we will remove Item #8C from the consent Agenda. City Staff requests. Planning & Zoning Administrator Vaughan removes Item #G from the Consent Agenda and continue it to the next meeting. Mayor is there any opposition? Seeing none we will do so. General discussion. 8. ALL CONSENT AGENDA ITEMS ARE CONSIDERED ACITON ITEMS 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. Page J:\COUNCIUMINUTES\Temporary Minutes Work Area\CC-07-10-18min.doc A. Claims against the City. B. Appointment to the Library Board of Trustees: In accordance with Resolution 14-19, Mayor Ridgeway is requesting Council confirmation of the appointment of Nanci Thaemert to the Board. Ms. Thaemert's term will expire September 30, 2020. (SR) C. Resolution 18-21 Invocation Policy: A resolution amending Resolution No. 11-05, a policy for invocations before meetings of the Eagle City Council. (SR) D. DR -15-18 — Retail Building for O'Reilly Auto Parts within Eagle Island Marketplace — O'Reilly Auto Enterprises, LLC: O'Reilly Auto Enterprises, LLC, represented by Thom Lundberg with Craig A. Schneider, AIA, Architect, is requesting design review approval to construct a 7,800 - square foot retail building for O'Reilly Auto Parts. The 1.42 -acre site is located on the north side of West Chinden Boulevard Road approximately 1,060 -feet east of North Linder Road at 1200 West Chinden Boulevard within Eagle Island Marketplace (Lot 8, Block 1, Lazy P Subdivision). (WEV) E. DR -16-18 — Building Wall and Monument Signage for O'Reilly Auto Parts — O'Reilly Auto Enterprises, LLC: O'Reilly Auto Enterprises, LLC, represented by Tim Uhrik with TAIT, is requesting design review approval to construct three (3) halo illuminated building wall signs and a monument sign for O'Reilly Auto Parts. The 1.42 -acre site is located on the north side of West Chinden Boulevard Road approximately 1,060 -feet east of North Linder Road at 1200 West Chinden Boulevard within Eagle Island Marketplace (Lot 8, Block 1, Lazy P Subdivision). (WEV) F. Findings of Fact & Conclusions of Law for CU -10-15 MOD/PPUD-04- 15 MOD — Planned Unit Development Modification for Eaglefield Commons Subdivision — Peter Harris: Peter Harris is requesting a planned unit development modification approval to modify the required setbacks within Eaglefield Commons Subdivision No. 1. The 4.78 -acre site is located on the north side of W. Escalante Drive approximately 125 -feet west of the intersection of W. Escalante Drive and N. Linder Road. (WEV) G. Findings of Fact & Conclusions of Law for A-04-17/RZ-08-17/CU-13- 17/PPUD-07-17/PP-08-17 — Park Lane Estates Subdivision — Yellowiacket Development, Inc.: Yellowjacket Development, Inc., represented by Corinne Graham with Civil Site Works, LLC, is requesting an annexation, rezone with development agreement from RUT (Residential -Urban Transition — Ada County designation) to R -2 -DA -P (Residential with a development agreement — PUD), conditional use permit, preliminary development plan and preliminary plat approvals for Park Lane Estates Subdivision, a 23 -lot (18 buildable, 5 common) residential planned unit development. The 11.23 -acre site is located on the southeast corner of West Beacon Light Road and North Park Lane at 2686 North Park Lane. (WEV) H. FPUD 07-18 & FP -07-18 — Final Development Plan and Final Plat for Mace River Ranch Subdivision No. 6 — Gardner Mace Ranch, LC: Gardner Mace Ranch, LC, represented by Weston Arnell, is requesting final development plan and final plat approval for Mace River Ranch Subdivision No. 6, a 11 -lot (9 -buildable, 2 -common) residential development. The 3.56 - acre site is located adjacent to the north side of West Mace Road Page 3 J:'COUNCILIMINUTES'\Temporary Minutes Work Area\,CC-07-10-18min.doc approximately 420 -feet west of the intersection of South Osprey Island Way and West Mace Road at 800 West Mace Road. (WEV) I. Minutes of June 26. 2018. (SKB) J. Traffic Signal Box Art Agreements: Authorizing the Mayor to enter into an agreement with four (4) artists to create artwork to be placed on four (4) different traffic signal boxes within Eagle. (SR) K. Minutes of July 2, 2018. (SKB) Pittman moves to approve the Consent Agenda Items as presented minus Items #G and #C. Seconded by Gold. Discussion. Bastian: AYE; Gold: AYE; Pittman: AYE; Mitchell: AYE: ALL AYES: MOTION CARRIES 9. UNFINISHED BUSINESS: None 10. PUBLIC HEARINGS: Public hearings will not be i'n 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. ACTION ITEM Residential Trash and Recycling Rate increase: Public testimony is sought from the proposed rate increase of $1.25 for the provision of trash and recycling services to each residential unit within the City of Eagle Idaho. (SR) Mayor introduces the issue. Rachel Klein, Republic Services, before you tonight is a rate increase of $1.25 per household per month. Displays a power point presentation and provides an overview of the same. General discussion. Mayor opens the Public Hearing Mark Spiegel, 4218 W. Sly Fox, I am in favor of recycling. We would still have to pay for the landfill if there was not recycling. We will have to make some changes. This is a small cost to individuals. Lee Turner, 1399 W. Newfield, I am in favor of this recycling. It is less than 1/2cents a day to day. This is good for environment. This is a win and a bargain. Discusses the disposal of the crinkle bottles. The orange bags are also sold at the Library. Discusses composting. General discussion. Kathy Ellison, 1355 N. Trail Creek Way, recycling is extremely important to me and I am in favor of the increase to each household. I am also excited about the orange bag program. Recycling programs are among the most important things that we need to do right now. Shelley Brock, 8770 W. Chaparral Road, I want to thank the Council for promoting this recycling program. I appreciate the presentation. The $1.25 is less than a cup of coffee. You have my full support on this program. Jane Rowling, 582 Palmento Drive, I am very supportive of recycling. I can't imagine that anyone will have a problem with the cost. This is for the environment. It is the right thing to do. Discusses other means of recycling. Page 4 J:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-07-10-18min.doc Bob Van Arnem, 3049 S. Whitepost Way, the amount of money is not the issue. I called other municipalities in the area in regards to rate increases. Discusses other cities rate increase. Eagle is the only municipality that is going to have a rate increase. Discusses the orange bag program. I would like the leaf recycling program looked at, it is inadequate and there needs to be an extension of time. General discussion. Eric Givens, 3018 S. Whitepost Way, I was introduced to recycling in Seattle. I like it and I do it. My questions is why are the shipments going out so soiled? Mayor closes the Public Hearing Rachel Klein, we have talked to all of our cities. Boise's customer rates will adjust October l st. Garden City, Middleton, Star, Caldwell and Nampa have agreed to recycling. Ada County and Meridian contracts have not been decided. The Orange Bag Program is independent to this program. Western Recycling does the crinkling water bottles. Discusses contamination in what is shipped out. General discussion. Discusses green waste. Discusses leaf recycling. A.1 ACTION ITEM Resolution 18-17: Resolution Of The City Of Eagle, Idaho, An Idaho Municipal Corporation, Approving An Increase Of $1.25 For Provision Of Trash And Recycling Services To Each Residential Unit Within The City Of Eagle, Idaho. (SR) Mayor introduces the issue. Bastian moves to approve Resolution 18-17. Seconded by Gold. Discussion. ALL AYES: MOTION CARRIES .. B. ACTION ITEM: RZ-03-15 MOD2 — Development Agreement Modification associated with Crestpoint Place Subdivision — Brent Lane: Brent Lane, is requesting a modification to the rezone development agreement (Instrument #2016-091680) associated with the approved Crestpoint Place Subdivision. The request is to modify the side (to allow for 3 -story) and rear yard setbacks identified in Condition of Development 3.9 of the executed development agreement (Instrument #2016-023967). 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. (WEV) Mayor introduces the issue. Planner Williams displays a power point presentation and provides the Council an overview. Brent Lane, representing the applicant, we completely agree with the report. Displays a power point presentation and provides Council an overview. General discussion. Mayor opens the Public Hearing Charles Hawkins, 1472 E. Bogey Drive, my concern is that part of the setback would go next to the creek. I was told by the City that this was an irrigation ditch. This is a live stream and my concern is if this setback is going to affect this creek. General discussion. Phyllis Stewart, 1520 E. Bogey Drive, discusses the stream. This is a creek, not an irrigation ditch. General discussion. Mayor closes the Public Hearing General Council discussion. Page 5 J: COUNCIUMINUTESI'emporary Minutes Work Area,CC-07-10-18min.doc Bastian moves to approve RZ-03-15 MOD2 — Development Agreement Modification associated with Crestpoint Place Subdivision as presented by Planner Williams: that 3 stories shall not exceed 20% of the maximum square foot of the building on the 3rd story, and the same thing on SB 3 the rear should be 5' instead of 10' and the same note that the 3rd story shall not exceed 25% of the maximum of the building and the maximum 400 square foot of the building and I would like to add 3.1.3 that the fronts of the buildings the elevation shall be varied and the setback shall be varied as well from house to house. Seconded by Pittman. Planner Williams discussion. Bastian: I want to make sure the motion is correct. The 3" story shall not exceed 20% of the maximum square feet of the building. Second concurs. ALL AYES: MOTION CARRIES C. ACTION ITEM: RZ-03-18 — Rezone from MU (Mixed Use) to MU -DA (Mixed Use with a Development Agreement) — Svringa Construction, LLC: Syringa Construction, LLC, represented by Mark Butler with Land Consultants, Inc., is requesting a rezone from MU (Mixed Use) to MU -DA (Mixed Use with a development agreement) to address setbacks, lot coverage, and permitted uses. The 0.6 -acre site is located on the south side of East Dunyon Street approximately 660 -feet west of the intersection of South Parkinson Street and East Dunyon Street at 2177 East Dunyon Street. (WEV) Mayor introduces the issue. Planner Williams displays a power point presentation and provides the Council an overview. Mark Butler, representing the applicant, provides Council an overview of the application. The applicant is going through Design Use and will meet all requirements. The fence is not Mr. Hanson's fence. General discussion. Mayor opens the Public Hearing Tim Shaklee, 2152 E. State Street, I'm the property between the cabinet shop and the proposed development. Discusses the fences. General discussion. Mark Butler, we want to work with the neighbors. Discusses the building design that faces Mr. Shaklee's property. Discusses solid fencing. Take out the ambulance service. Mayor closes the Public Hearing General Council discussion. Bastian moves to approve RZ-03-18 — Rezone from MU (Mixed Use) to MU -DA (Mixed Use with a Development Agreement) with an additional condition, 3.6 Permitted Uses, strike Ambulance and add 3.9 fencing on the property shall be a solid wall privacy fence per City Code. Discussion. Bastian: to be reviewed and approved by the Design Review Board. Seconded by Gold. ALL AYES: MOTION CARRIES D. ACTION ITEM: RZ-10-15 MOD2 & PP -07-15 MOD — Truman Cove Subdivision (formerly known as Eagle Lakes Subdivision) — TPC Brooklvn Park Investors, LLC: TPC Brooklyn Park Investors, LLC, represented by John Rennison, P.E., with Rennison Engineering, is requesting a development agreement modification and preliminary plat modification for Truman Cove Subdivision (formerly known as Eagle Lakes Subdivision), a previously approved 301 -unit, 80 -lot (51 -single-family, 6 -multi- family [consisting of 250 -units], 12 -commercial, 10 -common, and 1 -private street) Page 6 J:\COUNCIL\MINUTES\Tcmporary Minutes Work Area1CC-07-10-18min.doc subdivision. The proposed subdivision modification includes 327 -units, 110 -lots (77 - single -family, 6 -multi -family [consisting of 250 -units], 12 -commercial, and 15 -common). The 75 -acre site is generally located on the south side of State Highway 44, approximately 1,129 -feet west of the intersection of State Highway 55 and State Highway 44. (WEV) Mayor introduces the issue. Planner Williams displays a power point presentation and provides the Council an overview. General discussion. John Rennison, representing the applicant, presents a power point presentation and provides Council an overview. Distributes copies of the power point presentation. General discussion. Mayor opens the Public Hearing Dave Buich, 3100 N. Glenn Stewart Lane, we are pro development. Discusses Renovare density and Truman Cove density. Displays a picture of Renovare parking lot and the proposed trees by Rennison. Discusses the placement of the houses, private street traffic. We believe would be irresponsible in approving this development. John Bischeri, 1675 E. Lone Shore Lane, discusses the traffic that would be generated in this area and with this development. This will impact our quality of life. Patricia Minkiewicz, Deerfield Court, this is a very dense subdivision. Discusses the pool and public parking, if there is a party where are they going to park? Mike Shotka, 1683 Renovare Lane, I found a great place to live in Renovare. This application was not what my realtor told me would be built in this area. If I had known this I wouldn't have bought my property. Shane Mace, 2970 N. Glen Stuart Lane, discusses the flip flop and the density. Discusses Mike Williams's stats. I thought I made a good investment when I bought my property in Reviver, I wonder how much money I will lose. Larry Jeffries, 1154 S. Renovare Lane, I acquired my lot a little over a year ago. Displays a slide of the old proposed development and the current proposed development and discusses the difference in density. I agree what the previous people have said including traffic. Dick Robertson, 1097 Don Vincent Lane, I reiterate everything that has already been said. Discusses the density, the roads, the traffic and the architecture design. I would ask you to approve something more like the original design of this project. Scott MacGregor, 506 E. Cave Court, Boise, we have currently sold our home. I have been looking for the right place in the valley and we have found Renovare to be unique. I am pro- business and pro -growth. I hope we find a win/win for our residents. Darcy Maupin 5558 N. Northwall Place, Boise, I am here to speak to as a real estate agent that has sold home in Renovare in the past. Discusses the high end value of the homes in Renovare. This would be devastating to them to allow such a substantial change that impacts their quality of life. Discusses traffic. Janet MacGregor, 506 E. Cave Court, Boise, I'm with Scott. We spent a lot of time making this decision. I'm scared as this is not what I signed up for. Page 7 .1! COUNCIL\ MINUTES\Temporary Minutes Work Area\CC-07-10-18min.doc Trey Hoff, 1683 N. Goodyear Lane, Boise, I am an architect and am designing homes in Renovare. This is a beautiful development. I decided to build my own home in Renovare which is currently under construction. Discusses density, landscaping and quality of life. Walter Lindgren, 247 N. Eagle Road, I am the architect on the project. Discusses density, the benefit of town homes and amenities. Discusses the architecture. This is a very viable and regional approach to this project. John Rennison, thank you for all of your comments. This project meets the City's height requirements and meets the City Code requirements on density, the comprehensive plan and planning department guidelines. Discusses transition requirement in the mixed use zone, the extra landscaping, the price point of the town home and density. Discusses how special the Renovare project is and their property values. ITD and ACHD have approved the project. I did not discuss parking, we meet the code. We need the density to support the retail uses. General discussion. Bastian moves that we table RZ-10-15 MOD2 & PP -07-15 MOD — Truman Cove Subdivision (formerly known as Eagle Lakes Subdivision) to the 24th of July. Seconded by Pittman. Discussion. City Attorney McLain: We will continue the Public Hearing to the July 24th meeting and the scope will limited to the request made to the applicant regarding renderings. Bastian: So Moved. Second concurs. ALL AYES: MOTION CARRIES Mayor calls a recess at 10:40 p.m. Mayor reconvenes at 10:50 p.m. 11. NEW BUSINESS: NONE 12(5). BUDGET DISCUSSION: Fiscal Year 2018/2019 [5:30 p.m. - 6:30 p.m.] Mayor introduces the issue. Bastian moves to approve The Executive Budget Summary for publication. Seconded by Pittman. Discussion. ALL AYES: MOTION CARRIES 13. 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 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. 14. REPORTS: A. Mayor and Council Reports: Pittman reports on the PPRC meeting. Mitchell reports on the Senior Center. B. City Hall Department Supervisor Reports: None C. City Attorney Report: None Page 8 J.: COUNCIL'MINUTES,Temporary Minutes Work Arca,CC-07-10-18min.doc 15. EXECUTIVE SESSION: 74-206. Executive sessions — (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: (c) To acquire an interest in real property which is not owned by a public agency. Possible purchase of municipal park land. Mayor: We do not need an Executive Session tonight. 16. ADJOURNMENT: Gold moves to adjourn. Seconded by Bastian. Mayor: Seeing no opposition, we are adjourned. Hearing no further business, the Council meeting adjourned at 1 1:00 p.m. Respectfully submitted: SHARON K. BERGMANN CITY CLERK/TREASURER APP OV ED: 1 _____ric STAN RIDGEWAY MAYOR o •O• � AC4 •••...•..• F • • • • 0 E'• *� P •▪ .nrl,,,,` .• Q °• T1 TE O ..•ttttttttttttttttt. AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT W W W.CITYOFEAGLE.ORG. Page 9 1' COUNCII. MI NU 11.S 1 emporary Mmutt. Work Arca ('C-07.10.18min doe