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Minutes - 2016 - City Council - 06/28/2016 - SpecialSCANNED EAGLE CITY COUNCIL Special Meeting Minutes June 28, 2016 **NOTE EARLY START TIME NO PUBLIC HEARINGS WILL BEGIN BEFORE 6:30 P.M. INVOCATION: REGULAR AGENDA: 4:30 p.m. 1. CALL TO ORDER: Mayor Ridgeway calls the meeting to order at 4:35 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. BUDGET DISCUSSION: Fiscal Year 2016/201714:30 p.m. - 6:30 p.m.I A. Changes/approvals - previously presented budgets: 1. Library: General discussion. Bastian: I move that we approve the Library Budget as published. Seconded by Soelberg. Discussion. Bastian: as purposes for publication. Second concurs. ALL AYES: MOTION CARRIES 2. IT Department: General discussion. Mayor: I would entertain a motion to approve the IT Department. So moved by Bastian. Seconded by Preston. ALL AYES: MOTION CARRIES 3. Museum: General discussion. General discussion. Bastian: I move to approve the budget as presented for publication. Seconded by Preston. ALL AYES: MOTION CARRIES 4. Historic Preservation Commission: Soelberg moves to approve the HPC Budget. Seconded by Preston. ALL AYES: MOTION CARRIES Mayor: discussion on the possibility of having a special meeting on July 13th in case it is needed for further budget discussion. General Administration Budget: General discussion. Bastian moves to approve the General Administration Budget as amended for publication. Seconded by Preston. Discussion. ALL AYES: MOTION CARRIES B. New Budget Presentations: 1. Capital Projects Fund: General discussion. Bastian moves to approve the Capital Projects Fund for publication. Seconded by Preston. ALL AYES: MOTION CARRIES... �., 2. Executive Department: General discussion. Soelberg moves to approve the Executive Department for publication. Seconded by Preston. ALL AYES: MOTION CARRIES... Page I K \\COUNCIL'MINUTI S`Ternporary Minutes Work Arca+CC-06-28-16min doe 3. Clerk's Department: General discussion. Preston moves to approve the Clerk's Department for publication. Seconded by Bastian. ALL AYES: MOTION CARRIES... 4. Building Department: General discussion. Soelberg moves to approve the Building Department for publication. Seconded by Preston. ALL AYES: MOTION CARRIES... 5. Planning & Zoning Department: General discussion. Soelberg moves to approve the P&Z Department for publication. Seconded by Preston. Discussion. Mayor: Is there any opposition to the Motion? Seeing none it is approved by unanimous consent. 6. Water Department: General discussion. Soelberg moves to approve the Water Department for publication. Seconded by Bastian. ALL AYES: MOTION CARRIES... 7. Library Bond Fund: General discussion. Bastian moves to approve the Library Bond Fund for publication. Seconded by Soelberg. Mayor: Is there any opposition to the Motion? Seeing none it is approved by unanimous consent. 8. City Hall Bond Fund: General discussion. Soelberg moves to approve the City Hall Bond Fund for publication. Seconded by Preston. Mayor: Is there any opposition to the Motion? Seeing none it is approved by unanimous consent. 9. Tree Fund: General discussion. Bastian moves to approve the Tree Fund for publication. Seconded by Preston. Discussion. Mayor: is there any other discussion? Those opposed? Seeing none it is approved by unanimous consent. 10. Economic Development Fund: General discussion. Soelberg moves for the City to have a resolution to vote on at the next meeting to strike this from the Budget as it is unfunded and has never been used. Then we will deal with economic development through the General Administration fund. Seconded by Bastian. Mayor: I have a motion and seconded. Does anyone oppose the Motion? Seeing none it is approved by unanimous consent. General discussion on the budget discussion at the July 12`h Council meeting. Mayor: if we don't complete the budget on the 12th we will have a special meeting on July 13`h. Council concurs to have a special meeting on the budget on July 13, 2016 at 4:30 p.m. Mayor calls a recess at 6:35 p.m. Mayor reconvenes the meeting at 6:45 p.m. 5. RECOGNITION: Mayor Ridgeway formally recognizes Eagle businesses for being voted on as the 2016 Best of the Treasure Valley. (SR) Mayor: I would like to recognize the following Eagle Business that were voted as the 2016 Best of the Treasure Valley: Olsen & Company Steed Construction Bridal by Marie Two Rivers Salon & Spa - Best Manicure/Pedicure Two Rivers Salon & Spa - Best Spa Two Rivers Salon & Spa - Message Therapy Two Rivers Salon & Spa — Hair Salon Page 2 K COUNC11. MINUTES femporarp Minutes Work Arca,CC-0O-28-16mm dot: ,0■4, Two Rivers Salon & Spa — Men's Haircut Girls Catering BanBury Golf Course Aspen Leaf Bodacious Pig Multi -Location Businesses: Idaho Youth Ranch Winco Zanzows Fred Meyer Albertsons Les Schwab ICCU Silvercreek Realty Baird's Dry Cleaning Westco Martinizing Foothills Physical Therapy Therapeutic Associates Physical Therapy Idaho Pizza Company Zen Bento Bardenay 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. Patricia Minkiewicz, Deerfield Court, I'm hoping to hear a status report tonight on the downtown location where the old gas station was. Mayor provides an overview of the details on the property. 7. ADDITIONS, DELETIONS OR MODIFICATIONS TO THE AGENDA: A. City Staff requests: Planning & Zoning Administrator Vaughan: I have a correction to Item #8D on the Consent Agenda. It should be 78 units not 99 units. B. Mayor or City Council requests: None 8. 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 ,•a'►, removed from the Consent Agenda for discussion. Items removed from the Page 3 K ,COUNCIL MINUTES lTemporary Minutes Work Area,CC-Ob-28- Ibnttn doe 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. Resolution 16-18 Declaration of surplus property: (SR) • C. EXT -05-16 — Design Review Extension of Time for a 2,075 -square foot Office Building (DR -13-15) — Orion Holdings: Orion Holdings, represented by Don Newell, is requesting a one (1) year extension of time for the design review approval for a 2,075 -square foot office building. The 0.23 -acre site is located on the north side of East State Street approximately 200 -feet east of South Academy Avenue at 1334 East State Street. (WEV) • D. EXT -06-16 — Preliminary Plat Extension of Time for Predico EP Subdivision (PP -08-14) — Eagle MF Partners, LLC: Eagle M.F. Partners, LLC, represented by Blaine Womer with Blaine Womer Civil Engineering, is requesting a one (1) year extension of time for the preliminary plat approval for Predico EP Subdivision, a 4 -lot (3 commercial, 1 residential [99 units]) subdivision. The 10.68 -acre site is generally located on the northeast corner of West State Street and SH -44. (WEV) • E. Resolution 16-19 — Partial Vacation of Easements — Mace River Ranch Subdivision No. 4: A Resolution of the Eagle City Council, Eagle, Ada County, Idaho, to vacate a portion of the public utility, drainage, and irrigation easements from Lot 51, Block 1 (Mace River Ranch Subdivision No. 4) as shown on the attachments hereto; and providing an effective date. (WEV) • F. FP -03-16 — Final Plat for Crestpoint Place Subdivision — Northside Management: Northside Management, represented by Scott Noriyuki, is requesting final plat approval for Crestpoint Place Subdivision, a 52 -lot (43 -buildable and 9 - common) residential subdivision. 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) • G. FPUD-03-16/FP-07-16 — Final Development Plan and Final Plat for Shadowbluff Subdivision — Envision Idaho, LLC: Envision Idaho, LLC, represented by Chad Olsen, is requesting final development plan and final plat approvals for Shadowbluff Subdivision, an 18 lot (15 buildable, 3 common) residential planned unit development. The 4.35 acre site is generally located at the west side of North Horseshoe Bend Road approximately 0.25 miles south of the intersection of East Floating Feather Road and North Horseshoe Bend Road at 10895 North Horseshoe Bend Road.(WEV) • H. Minutes of May 31, 2016 — Official Minutes. • I. Minutes of June 14, 2016 • J. Resolution No. 16-20 — Surplus Property Page 4 K TOUNCIL\M[NUTESVTemporary Minutes Work Area1CC-06-28-16min doe • K. Findings of Fact and Conclusions of Law for CU -04-16 — Addition of an Accessory Use (Bar) to the Eagle Art Gallery — Stephen Douglas: Stephen Douglas, represented by Walter Lindgren with Lindgren Labrie Architecture, PLLC, is requesting conditional use permit approval to add an accessory use (bar) to the Eagle Art Gallery to permit sales of wine and beer by the glass. The 0.08 -acre site is located on the east side of North 2nd Street approximately 110 -feet north of the intersection of North 2nd Street and East State Street at 50 North 2nd Street. (WEV) • L. Findings of Fact and Conclusions of Law for A-01-16/RZ-01-16 & PP/FP-03- 16 — Eusterman Subdivision — Matthew B. Eusterman: Matthew B. Eusterman, represented by Mark Butler with Land Consultants Inc., is requesting an annexation, rezone from RUT (Rural -Urban Transition — Ada County designation) to R -E -DA (Residential -Estates with a development agreement) and combined preliminary and final plat approvals for Eusterman Subdivision, a 2 -lot residential subdivision (re- subdivision of Lot 4, Block 1, Ray's Acres Subdivision). The 5.61 -acre site is generally located on the south side of West Floating Feather Road approximately 700 - feet east of the intersection of Park Lane and West Floating Feather Road at 3709 West Floating Feather Road. (WEV) • M. EXT -07-16 — Preliminary Plat Extension of Time for Renovare Subdivision (PP -03-12) —MDG, LLC: MDG, LLC, represented by Kevin McCarthy, P.E., with KM Engineering, LLP, is requesting a one (1) year retroactive extension of time for the preliminary plat approval for Renovare Subdivision, a 67 -lot (55 buildable, 11 common, and 1 -park site) residential subdivision. The 40.20 -acre site is generally located on the east side of South Edgewood Road approximately 710 -feet south of State Highway 44. (WEV) Kunz moves to approve the Consent Agenda Items #8A to #8M. Seconded by Soelberg. Bastian: AYE; Preston: AYE; Kunz: AYE, Soelberg: AYE. ALL AYES: MOTION CARRIES 9. UNFINISHED BUSINESS: NONE 10. 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. A-02-16/RZ-02-16/CU-03-16/PPUD-01-16/PP-01-16 - Annexation and Rezone - Home Capital Resources, LLC: Home Capital Resources, LLC, represented by Jason Densmer, P.E., with The Land Group, Inc., is requesting an annexation, rezone from RUT (Rural -Urban Transition — Ada County designation) to R -4 -DA -P (Residential with a development agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for HCR/Level 3 Subdivision — Phase 3, a 10 -lot (7 - buildable, 3 -common) residential planned unit development. The 3.94 -acre site is Page 5 K ''.COUNCIL'MINUTES'Temporary Minutes Work Area,CC-06.28-I6ntln due generally located on the southwest corner of South River Creek Avenue and West State Street (Hwy 44) at 5335 West State Street. Mayor introduces the issue. Planning & Zoning Administrator Vaughan displays overheads and provides Council an overview of the application. General discussion. Jason Densmer, P.E., with The Land Group, Inc., representing the applicant, displays overheads and provides Council an overview of the application for Phase III. Phase III is brought forward in conjunction with Phase I and II. Discusses setbacks, open space and the turn around. General discussion. Mayor opens the Public Hearing Rene Palafox, 635 S. Baxter Way, displays overheads, it is our understanding that at the completion of the project there will be only one HOA. Discusses the Riverwalk Subdivision. The Riverwalk Subdivision HOA has a problem with the lighting at the entrance, the Phase II Berm, the common area fence and landscaping. Discusses the landscaping and irritation, the landscaping of the temporary entrance, the common area, and the pool/pool house in Phase 1. Discussion on the work being completed. General discussion. Victoria Brodetsky, 85 S. Vandries Ave., I have a lot of the same concerns that Rene has. I have never lived in a subdivision that has fallen apart like this. I have lived here a year and my house is now on the market. Discusses the irrigation water and the street lights. The irrigation system for the subdivision was on my house and was only recently moved. Discusses the price of the houses in the subdivision. Jason Densmer: there was a change in the developer's personnel at the first of the year and it has taken some time to make the change. Discusses the lighting which has been ordered for over 16 weeks and are currently on back order, the landscaping, the pool/pool house, and the entry berm. General discussion. Mayor calls a recess at 7:45 p.m. Mayor reconvenes the meeting at 8:10 p.m. Jason Densmer: we would be agreeable to a condition of approval on the Development Agreement that the improvements in Phase I and I1 be complete prior to the beginning of construction on the Phase III improvements with the exception of only the pool and club house as those are subject to ongoing design review and permit approvals that are proceeding but are not in our control. General discussion. Rene Palafox, 63 S. Baxter Way, displays overheads and discusses the berms, we don't understand the timing and what is holding everything up. Also discusses the landscaping, and the irrigation control box. General discussion. Jason Densmer discusses the landscaping on the berm and water rights. General discussion. Soelberg moves to approve A-02-16/RZ-02-16/CU-03-16/PPUD-01-16/PP-01-16 - Annexation and Rezone - Home Capital Resources, LLC with the added Site Specific Page 6 K \COUNCILMINUTES\Temporary Minutes Work Area'tCC-06-28-I6min doc Conditions of Approval that Phase 1 and Phase 11 of the original development be completed to the satisfaction of the City prior to a final plat. General discussion. Soelberg: City approval of a final plat application for Phase III. Kunz offers some special language for consideration: I would recommend that with respect to the Site Specific Conditions of Approval regarding the Planned Unit development and Preliminary Plat that a Site Specific Condition #29 be added stating the following: All public infrastructure and public amenities in HCR3-Level 3 Phases I and 11 and all related issues identified during this public hearing excluding the pool and club house shall be satisfactorily completed and satisfactorily resolved prior to the City Council approving the Final Plat for HCR Level 3 Subdivision Phase I11. Bastian: I would second that with an exception that Site Specific 6 be modified to read "Interior side 7.5' and strike out 5"'. General discussion. General discussion on the current motions. Mayor: Are you offering this as a substitute motion Mr. Kunz? General discussion. Soelberg withdraws his original motion. Mayor: Now there is not a substitute motion as the maker of the original motion withdrew his motion because there was not a second. PZ Administrator Vaughan: 1 would recommend that your motion include this language: prior to submittal of the final plat application. Kunz: I would amend my motion to include the substitute language at the end and I would also include in my motion a modification to Site Specific Condition of Approval #6 such that the interior side required setbacks shall remain at 7.5' rather than 5' as per City Code. Seconded by Bastian. General discussion. Kunz withdraws his old motion. Kunz moves that the City of Eagle approve A-02-16/RZ-02-16/CU-03-16/PPUD-01- 16/PP-01-16 - Annexation and Rezone for Home Capital Resources, LLC, Phase III with the following modification to the Site Conditions of Approval #6 regarding the Planned Unit Development and Preliminary Plat for Phase III: Site Specific Condition Approval #6 with respect to the required setback for the interior side shall remain at 7.5' per City Code rather than being reduced to 5' as requested and that a Site Specific Condition of Approval #29 be added reading as follows: "all public infrastructure and public amenities in HCR Level 3 Subdivision Phases I and II and all related issues identified in this public hearing excluding the pool and pool club house shall be completed prior to the submittal of the Final Plat HCR Level 3 Subdivision Phase III. The pool and pool club house shall be completed no later than December 31, 2016. Seconded by Bastian. ALL AYES: MOTION CARRIES 11. Discussion on additional glass recycling locations and City Code for enclosures of Glass Recycling: (MA) Mayor introduces the issue. Nage 7 K ,000NCII.IMINU•rIzs'•Temporary Minutes Work Area+ V-06-28-16mm doc ParklRec Director Aho: displays overheads and discusses the glass recycling location and the need for an additional location. General discussion. Discussion on Eagle High Students paint the dumpsters. 12. 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 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. Patricia Minkiewicz, Deerfield Court, I'm all for glass recycling and it is our responsibility for us to do it. It would also be nice to have a container for cardboard. What about the South Side of Hwy 44 where the Chase Bank is. The location has to be convenient and safe. I think it is great that you are doing this. 13. EXECUTIVE SESSION: 74-206(1) 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. Idaho State Code §74-206 (1)(c) To conduct deliberations concerning labor negotiations or to acquire an interest in real property which is not owned by a public agency. Mayor introduces the issue. I would like to amend this to add Section (f). Kunz I would move in accordance to I.C. 67-2345(c)(f) that we enter into Executive Session for the purposes of conducting deliberations concerning labor negotiations or to acquire an interest in real property which is not owned by a public agency and to discuss pending and/or threatened litigation. Seconded by Bastian. Bastian: AYE; Preston: AYE; Kunz: AYE, Soelberg: AYE. ALL AYES: MOTION CARRIES Council goes into Executive Session at 8:55 p.m. Council discusses deliberations concerning labor negotiations or to acquire an interest in real property which is not owned by a public agency and pending and/or threatened litigation. Council leaves Executive Session at 9:30 p.m. 14. ADJOURNMENT: Soelberg moves to adjourn. Seconded by Bastian. ALL AYES: MOTION CARRIES Page 8 K %.000NCIL\MINU ES'\femporary Minutes Work AreaCC-06-28-IOmin doe Hearing no further business. the Council meeting adjourned at 9:35 p.m. Respectfully submitted: 4\-41,4 SHARON K. BERGMANN / CITY CLERK/TREASURER STAN RIDGE AY MAYOR C'T AN AUDIO RECORDING OF '1.1 IIS MEETING IS AVAILABLE FOR DOWNLOAD AT WWW.CITYOF[AGLE.ORG. Patio 9 I. ('OUN('ll.'II NU II'S Icmpolary llmulcs \4mA \ica (( .11l. n• Ionun doc EAGLE CITY COUNCIL MEETING PUBLIC HEARING SIGN-UP A-02-16/RZ-02-16/CU-03-16/PPUD-01-16/PP-01-16 - Annexation and Rezone - Home Capital Resources, LLC June 28, 2016 NAME TESTIFY PRO/ CON PLEASE PRINT ADDRESS YES/NO NEUTRAL 2e,Itve ''Adl.bcc0 3S.iaistee kN D-7 Yics t (6 5 S \10,ev;R.c, )tife \t-eS 1.1f • . VIt i ,tvil et :1 • c) el' r ‘: • • (") 0 EAGLE CITY COUNCIL MEETING PUBLIC HEARING SIGN-UP oft, A-02-16/RZ-02-16/CU-03-16/PPUD-01-16/PP-01-16 - Annexation and Rezone - Home Capital Resources, LLC June 28, 2016 r,