Minutes - 2008 - City Council - 11/18/2008 - RegularEAGLE CITY COUNCIL
Minutes
November 18, 2008
PRE -COUNCIL AGENDA: 6:30 a.m. - 7:30 a.m.
1. Velodrome Project Update: Robert Grubb with Wright Brothers, The Building Company.
Rob Grubb, Wright Brothers, provides Council an update on the Velodrome project. I would like
to do a wrap of the project and make a few comments on the project. Displays overheads and
distributes packets to the Council and discusses the same. Presents a short slide show. General
discussion.
Dave Beck, presents some video of the usage of the Velodrome. Thanks Robert Grubb with
Wright Brothers, Public Works Director Michael Echeita, Council Member Guerber and the
Mayor and Council. Discusses the project and provides a summary of the project and discusses
amenities. General discussion.
2. Valley Regional Transit Report: Kellie Fairless with COMPASS. Kellie Fairless discusses
the Boards new strategic plan and the 5 year plan. Discusses the Local Option Funding Source.
General discussion.
3. Discussion of September 23, 2008 minutes. No discussion
4. Mayor and Council's Report: Moved to end of Agenda
5. City Clerk/Treasurer Report: Moved to end of Agenda
7. Zoning Administrator's Report: Moved to end of Agenda
8. Public Works Director Report: Moved to end of Agenda
9. City Attorney Report: Moved to end of Agenda
REGULAR COUNCIL AGENDA: 7:30 n.m.
1. CALL TO ORDER: Mayor Bandy calls the meeting to order at 8:00 p.m.
2. ROLL CALL: GUERBER, HUFFAKER, SHOUSHTARIAN, SEMANKO. Semanko is
present by a conference call. Shoushtarian is absent. A quorum is present.
3. PLEDGE OF ALLEGIANCE: Council Member Guerber leads the Pledge of Allegiance.
4. PUBLIC COMMENT: Patricia Minkiewicz I want to thank the Mayor and City Council
for answering my question about when Christmas Lights go downtown. I will contact the
Chamber of Commerce on the topic as well. I didn't get a response to my e-mail 18 days ago in
regards to if public testimony could be continued to a later date when it runs late past 11:30 or
midnight. I want to thank the City Hall on implementing communication. Discussion on the
Art's Commission and the City Newsletter. What the City has done in responding to
communication has been outstanding. General discussion.
5. 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.
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• 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. Re -appointment to Design Review Board: They Mayor is requesting Council
confirmation of the re -appointment of Mark Butler to the Design Review Board. Mr.
Butler's term will expire in December 2011. (PB)
B. Resolution No. 08-32: Declaring surplus equipment. (SKB)
C. Claims Against the City.
Huffaker moves to remove Item #5A. Re -appointment to Design Review Board from the
Consent Agenda and continue it to the December 9, 2008 City Council meeting. Seconded
by Guerber. ALL AYES: MOTION CARRIES
Huffaker moves to approve the Amended Consent Agenda Items #B and C.. Seconded by
Guerber. Guerber: AYE; Huffaker: AYE; Semanko: AYE: ALL AYES: MOTION
CARRIES
Guerber moves amend the Agenda to move Item #6C and put that as Item #6A under
Unfinished Business for consideration. Seconded by Huffaker. ALL AYES: MOTION
CARRIES
Guerber moves to continue Item #6A and #6B to the City Council meeting 011 December 9,
2008. Seconded by Huffaker. ALL AYES: MOTION CARRIES
6. UNFINISHED BUSINESS:
A.(C). A-16-07/RZ-23-07 - SB/CH Land Company (Flack/Carlock), LLC: SB/CH Land
Company (Flack/Carlock), LLC, represented by Ashley Ford with WRG Design, Inc., is
requesting an annexation and rezone from RUT (Rural Urban Transition -Ada County
Designation) to MU -DA (Mixed Use with a development agreement) with a Pre -Annexation and
Development Agreement for a Mixed Use Development including +/- 235.57 acres of residential
use (single-family and multi -family units) and +/- 52.1 acres of commercial uses. The 287.67 -
acre site is located at the Northeast corner of Beacon Light Road and State Highway 16. This
item was continued from the October 28, 2008 meeting. The public hearing has been closed.
(MJW)
Continued to the December 9, 2008 City Council meeting by previous motion.
B(A). Minutes of September 23, 2008. This item was continued from the October 28, 2008
meeting.
Continued to the December 9, 2008 City Council meeting by previous motion.
C(B). Findings of Fact and Conclusions of Law for RZ-20-07 MOD- Jeoffrev and Colette
Nvborgi Jeoffrey and Colette Nyborg, represented by Shawn Nickel with SLN Planning Inc.,
are requesting a modification to the rezone development agreement of Conditions of
Development # 3.4 to remove the requirement to re -subdivide the existing lot and allow an
administrative parcel division. The 4.73 -acre site is generally located on the northeast corner of
N. Ballantyne Lane and Hereford Drive within Bakers Acres Subdivision at 660 N. Ballantyne
Lane. (WEV)
Mayor introduces the issue.
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Guerber moves to approve Findings of Fact and Conclusions of Law for RZ-20-07 MOD-
Jeoffrey and Colette Nyborg as amended and outlined in the most recent document
presented to Council. Seconded by Huffaker. ALL AYES: MOTION CARRIES
7. PUBLIC HEARINGS:
A. RZ-I0-08 - Rezone From R-4 (Residential - up to four dwelling units per acre) to CBD -
DA (Central Business District with a Development Agreement) - Cottonwood Eagle Road,
LLC: Cottonwood Eagle Road, LLC, represented by Van Elg with The Land Group, Inc., is
requesting approval of a rezone from R-4 (Residential - up to four units per acre) to CBD -DA
(Central Business District with development agreement). The 3.87 -acre site is located on the
west side of North Eagle Road approximately 375 -feet north of State Highway 44 at 235, 247,
265 and 403 South Eagle Road. (MJW)
A 1. DR -58-08 - Common Area Landscaping within Three Oaks Plaza including a
Walgreens Store - Cottonwood Capital LLC: Cottonwood Capital LLC,
represented by Cindy Huebert with BRS Architects, is requesting design review
approval for the common area landscaping within Three Oaks Plaza and to
construct a 14,820 -square foot Walgreens store with a drive up service lane. The
3.87 -acre site is located on the west side of Eagle Road approximately 350 -feet
north of State Highway 44 at 235, 247, 265, and 403 South Eagle Road.
A2. DR -59-08 - Two Building Wall Signs and One Sign located within the Tower
for Walgreens - Cottonwood Capital LLC: Cottonwood Capital LLC,
represented by Cindy Huebert with BRS Architects, is requesting design review
approval to construct two building wall signs, a sign located within the tower, and
directional signage for Walgreens. The 3.87 -acre site is located on the west side of
Eagle Road approximately 350 -feet north of State Highway 44 at 235, 247, 265,
and 403 South Eagle Road.
Mayor introduces the issue.
Van Elg, The Land Group, displays overheads and provides Council an overview of the
application.
Planner Williams, provides Council an overview of the application.
Mayor opens the Public Hearing
Patricia Minkiewicz, Deerfield Court, this is the first time I have heard this presentation. I am
very happy to hear that there is only entrance. I'm concerned about traffic backing up, will there
be a signal light.
Chris Graham, 278 S. Nescourt, I am a neighbor to the property. I have been in support of the
project as a resident. I would ask for your understanding in regards to the buffer.
Van Elg, there are 4 specific conditions and we do not have any problem with those conditions.
The right-of-way dedication of fine. We have a cross access agreement in place with Zamzows.
ACHD points out that they struggled with this one and there seems to be a need it is #17 on their
list and eventually there may be one there. Displays overheads and discusses landscaping. I
think there will be a buffer; this is up to Drainage District #2 as it is their easement. General
discussion.
Further Council discussion.
Mayor closes the Public Hearing
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General Council discussion.
Guerber moves to approve RZ-10-08 - Rezone From R-4 (Residential - up to four dwelling
units per acre) to CBD -DA (Central Business District with a Development Agreement) -
Cottonwood Eagle Road, LLC project and that we do so following the decision of the PZ
Commission with stipulations, adding an additional item, 3.8 which is a stipulation that
there be an agreement with the Drainage District and that there be compliance with the
guidelines that they requested in their letter including solutions to any encroachment
issues. Seconded by Huffaker. ALL AYES: MOTION CARRIES
Guerber moves to approve DR -58-08 - Common Area Landscaping within Three Oaks
Plaza including a Walgreens Store - Cottonwood Capital LLC. Seconded by Huffaker.
ALL AYES: MOTION CARRIES ..
Guerber moves to approve DR -59-08 - Two Building Wall Signs and One Sign located
within the Tower for Walgreens - Cottonwood Capital LLC. Seconded by Semanko.
Discussion. ALL AYES: MOTION CARRIES
B. PP -3-08 - Preliminary Plat for Lonesome Dove Subdivision II — Lonesome Dove LLC:
Lonesome Dove, LLC, represented by Kevin McCarthy, P.E., with Rennison Fodrea, Inc., is
requesting preliminary plat approval for Lonesome Dove II Subdivision (a re -subdivision of Lot
1, Block 1, Lot 1, Block 2, and Lot 5, Block 4 of the approved final plat for Lonesome Dove
Subdivision), a 72 -lot residential subdivision (70 -residential, 2 -common). The 4.35 -acre site is
generally located on the southwest comer of Riverside Drive and State Street at 1505 Riverside
Drive. (MJW)
Mayor introduces the issue.
Kevin McCarthy, Rennison Fodrea, Inc, displays overheads and provides Council an overview of
the project.
Planner Williams, displays overheads and provides Council an overview of the project. General
discussion.
Mayor opens the Public Hearing
Joann Butler, representing Eagle River, I have just recently been retained by Eagle River.
Thanks Council for retaining the 10' pathway. The two issues that we have concerns are with
parking and drainage.
Council Member Shoushtarian is present at the meeting at 9:43 p.m.
Kevin McCarthy, as far as the concerns that were expressed we agree. Discussion on the
drainage. These issues will be addressed at final design. We did two units as you went around
the corner.
Mayor closes the Public Hearing
General Council discussion.
Guerber moves to approve PP -3-08 - Preliminary Plat for Lonesome Dove Subdivision II.
Seconded by Huffaker. Discussion. Guerber amends his motion to include clarification of
Site Specific Condition No. 9 as outlined. Second concurs. ALL AYES: MOTION
CARRIES ..
C. DEA -1-08 — Exclusion (De -annexation) of Lands from City Limits — City of Eagg: The
City of Eagle is acting to exclude (de -annex) certain contiguous real property from the city
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limits. The 110,570 -acre site, being a portion of the southeast quarter of Section 24, Township 4
North, Range 1 West, Boise, Meridian, Ada County, Idaho, is located northwest of the
intersection of Chinden Boulevard and North Meridian Road. Staff is requesting this item be
continued to the November 25, 2008 meeting. (JTL)
Mayor introduces the issue. Staff is requesting this item be continued to the November 25, 2008
meeting.
Guerber to continue DEA -1-08 — Exclusion (De -annexation) of Lands from City Limits to
the November 25, 2008 City Council meeting. Seconded by Huffaker. ALL AYES:
MOTION CARRIES
E. A public hearing to consider fee increases for dumoster services. The proposed fee
schedule will exceed prior fees by more than 105%. The fee increase is directly related to the
increase of fees by Ada County Landfill. (SKB)
E.1. Resolution No. 08-31: A resolution of the City of Eagle, Idaho, adopting a fee
increase in the Eagle garbage collection service fee; and providing for effective
date.
Mayor introduces the issue.
Rachel Klein, Allied Waste, I think you have the rates and these are passed through rates so there
is no change to Allied Waste and the City's Franchise Fees. These are Ada County Landfill
disposal fees. General discussion.
Dave Neil, Ada County, this is an enterprise fund and the money cannot be used by County for
any other purposes. The new landfill is a state of the art facility and it is very expensive.
Discussion on the 5 year plan and a 25% increase. The increase this year is 10% and there will
be an increase next year.
Mayor opens the Public Hearing
Mayor closes the Public Hearing
Guerber moves to approve the proposed fee schedule adjust for the dumpster services as
presented in Exhibit A. Seconded by Shoushtarian. Guerber: AYE; Huffaker: AYE;
Shoushtarian: AYE; Semanko: AYE: ALL AYES: MOTION CARRIES
D. ZOA-2-08 — Zoning Ordinance Amendment: An Ordinance Of The City Of Eagle, Ada
County Idaho Amending Certain Sections Of Eagle City Code Title 8 "Zoning", Chapter 2a
"Design Review Overlay District"; Providing A Severability Clause; And Providing An Effective
Date. (JTL)
Mayor introduces the issue.
Huffaker moves to continue ZOA-2-08 — Zoning Ordinance Amendment to the Council
meeting of December 9, 2008. Seconded by Guerber. ALL AYES: MOTION
CARRIES ..
PRE -COUNCIL REPORTS:
Mayor and Council's Report:
Discussion on Council meetings for the rest of the Year. The Council meeting on the 23rd of
December has been cancelled. The next meetings are November 25, December 9, and 16t1'
NO OTHER REPORTS.
City Clerk/Treasurer Report:
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Zoning Administrator's Report:
Public Works Director Report:
City Attorney Report:
8. ADJOURNMENT:
Guerber moves to adjourn. Seconded by Huffaker. ALL AYES: MOTION
CARRIES...
I-Iearing no further business, the Council meeting adjourned at 10:00 p.m.
Respectfully submitted:
"'SHARON K. BERGMANN
CITY CLERK/TREASURER
A
ED:
/fin
Pl ILLIP J. BANDY /
MAYOR
A TRANSCRIBABLE RECORD OF THIS MEED PING IS AVAILABLE AT EAGLE
CITY HALL
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