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Minutes - 2018 - City Council - 11/13/2018 - RegularEAGLE CITY COUNCIL Meeting Minutes November 13, 2018 INVOCATION: 1. CALL TO ORDER: Mayor Ridgeway calls the meeting to order at 5:30 p.m. 2. ROLL CALL: BASTIAN, GOLD, PITTMAN, MITCHELL. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Mayor Ridgeway leads the Pledge of Allegiance. 4. PRESENTATION BY THE EAGLE HISTORIC PRESERVATION COMMISSION: Proposal by Commission member Shawn Nickel to establish the honorary designation of Historic Eagle Village downtown. Mayor introduces the issues. Shawn Nickel, Eagle Historical Preservation Commission, displays a power point presentation and provides the Council an overview of the Commissions work on the establishment of an honorary designation of Historic Eagle Village downtown. This is not a Taxing District designation. We are not trying to establish a taxing district but honoring our Historic downtown. Discusses what neighboring cities have established. Discusses the survey. General discussion. City Council is in agreement on establishing a Historic Eagle Village downtown. Council would like to have the Design Review establish the criteria. 5. 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. Maggie Galt: I want to remind everyone that tomorrow morning at 10:00 a.m. we will be receiving the keys to our new van. Thursday is our Thanksgiving Dinner. General discussion. 6. ADDITIONS, DELETIONS OR MODIFICATIONS TO THE AGENDA: INCLUDING THE CONSENT AGENDA: City Staff Requests: None Mayor or City Council Requests: None Page 1 J:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-11-13-18min.doc 7. ALL CONSENT AGENDA ITEMS ARE CONSIDERED ACTION 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. A. Claims against the City. B. Memorial Bench for Addie Abernathev: Request for Council approval of a memorial bench to be located at Guerber Park. (SR) C. Minutes of October 23, 2018. (SKB) D. Special Meeting Minutes October 29, 2018. (SKB) E. Town Hall Minutes October 29, 2018. (SKB) F. Resolution No. 18-39 Authorizing Archiving of Public Records. (SKB) G. Resolution No. 18-44 Designating Records Custodians. (SKB) H. Findings of Fact & Conclusions of Law for RZ-09-18/CU-03- 05MOD/PPUD-02-05MOD/PP-08-18 — Corrente Bello Subdivision No. 3 Planned Unit Development — D & N Investments: D & N Investments, represented by Mark Butler, is requesting a rezone from R -3-P (Residential — PUD) to R -3 -DA -P (Residential with a development agreement—PUD), conditional use permit modification, preliminary development plan modification, and preliminary plat approvals for Corrente Bello Subdivision No. 3, a 15 -lot (12 - buildable, 1 -existing house, 2-common)(a re -subdivision of Lot 20, Block 2, Corrente Bello Subdivision No. 1) residential planned unit development. The 9.58 -acre site is located on the north side of West Floating Feather Road approximately 340 -feet west of the intersection of North Moon Bello Way and West Floating Feather Road at 1400 West Floating Feather Road. (WEV) I. DR -34-18 — Common Area Landscaping and Entry Feature within Truman Cove Subdivision No. 2 — Rennison Companies — John Rennison: John Rennison with Rennison Companies, is requesting design review approval of the common area landscaping and entry feature within Truman Cove Subdivision No. 2. The 8.21 -acre site is located on the south side of State Highway 44 approximately 1,100 -feet south of the intersection of State Highway 44 and South Ancona Avenue at 2035 East Riverside Drive. (WEV) Page 2 J:\COUNCQL\MINUTES\Temporary Minutes Work Area\CC-11-13-18min.doc J. EXT -06-18 — Conditional Use Permit Extension of Time for a Retail and Wholesale Sales Area for Landscaping Products — Staker and Parson Companies d/b/a Idaho Materials and Construction: Staker and Parson Companies d/b/a Idaho Materials and Construction, represented by David T. Krueck with Elam and Burke, P.A., is requesting an extension of time for the conditional use permit approval for a retail and wholesale sales area for landscaping products for Idaho Concrete Company. The 92 -acre site is located on the south side of State Highway 44 at the intersection of State Highway 44 and State Highway 55 at 2755 East State Street. (WEV) K. Resolution No. 18-43 — ITD Two Rivers Easement Agreement: A resolution of the City of Eagle, Ada County, Idaho, approving the execution of an easement agreement, between the City of Eagle and the Idaho Transportation Department; authorizing the Mayor and City Clerk to execute and attest the agreement; and providing an effective date. (WEV) L. Minutes of November 5, 2018 Special Meeting. (SKB) M. Resolution No. 18-45 Declaring Personal Property Surplus. (SKB) Zoning Administrator Vaughan requests that Items #7H and Item #7J be removed from the Consent Agenda for discussion Bastian moves to approve the Consent Agenda except for Items #7H and Item #7J. Seconded by Mitchell. Bastian: AYE; Gold: AYE; Pittman: AYE; Mitchell: AYE; ALL AYES: MOTION CARRIES 7H. Findings of Fact & Conclusions of Law for RZ-09-18/CU-03-05MOD/PPUD-02- 05MOD/PP-08-18 — Corrente Bello Subdivision No. 3 Planned Unit Development — D & N Investments: D & N Investments, represented by Mark Butler, is requesting a rezone from R -3-P (Residential—PUD) to R -3 -DA -P (Residential with a development agreement—PUD), conditional use permit modification, preliminary development plan modification, and preliminary plat approvals for Corrente Bello Subdivision No. 3, a 15 - lot (12 -buildable, 1 -existing house, 2-common)(a re -subdivision of Lot 20, Block 2, Corrente Bello Subdivision No. 1) residential planned unit development. The 9.58 -acre site is located on the north side of West Floating Feather Road approximately 340 -feet west of the intersection of North Moon Bello Way and West Floating Feather Road at 1400 West Floating Feather Road. (WEV) Planner Williams and Zoning Administrator Vaughan provide Council an overview of the requested corrections. Bastian moves to accept the changes as presented by the Planning & Zoning Staff. Seconded by Pittman. ALL AYES: MOTION CARRIES 7J. EXT -06-18 — Conditional Use Permit Extension of Time for a Retail and Wholesale Sales Area for Landscaping Products — Staker and Parson Companies d/b/a Idaho Materials and Construction: Staker and Parson Companies d/b/a Idaho Materials and Construction, represented by David T. Krueck with Elam and Burke, P.A., Page 3 J:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-11-13-18min.doc is requesting an extension of time for the conditional use permit approval for a retail and wholesale sales area for landscaping products for Idaho Concrete Company. The 92 -acre site is located on the south side of State Highway 44 at the intersection of State Highway 44 and State Highway 55 at 2755 East State Street. (WEV) Bill: We are requesting that this item be remanded to Staff. Pittman moves to remand EXT -06-18 — Conditional Use Permit Extension of Time for a Retail and Wholesale Sales Area for Landscaping Products—Staker and Parson Companies d/b/a Idaho Materials and Construction to staff. Seconded by Gold. ALL AYES: MOTION CARRIES 8. UNFINISHED BUSINESS: A. ACTION ITEM: Aikens Street Extension: City Council update and discussion regarding the design of the Aikens Street Extension from 1st Street to 2nd Street. (WEV) Mayor introduces the issue. DR Planner Williams discusses the design of the Aikens Street Extension and possible realignment. Staff has worked with ACHD on this realignment. We are asking for direction from the Council. General discussion. Pittman moves to direct staff to work with ACHD on the original design to comply with the original proposal, the straight Align Option. Seconded by Gold. ALL AYES: MOTION CARRIES . 9. 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. ACTION ITEM: RZ-04-18 & PP -03-18 — Bellemeade Subdivision — Madera Development, Inc.: Madera Development, Inc., represented by Tamara Thompson with The Land Group, Inc., is requesting modification of the executed development agreement (Ada County instrument number #113089276) (development agreement in lieu of a PUD), and preliminary plat approvals for Bellemeade Subdivision, an 81 -lot (73 - residential, 8 -common [3 -common, 4 -driveway access, 1 -private road]) residential subdivision. The 10.99 -acre site is located on the north side of West Flint drive at the northeast corner of West Flint Drive and North Park Lane at 3850 West Flint Drive and 312 North Park Lane. (WEV) This item was continued from the September 25, 2018, City Council meeting. Mayor introduces the issue. Planner Williams displays a power point presentation and provides Council an over of the application. General discussion. Page 4 1:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-11-13-18min.doc Tamara Thompson, representing the applicant, displays a power point presentation and provides Council an overview of the revised plan. General discussion. Mayor opens the Public Hearing Jake Conklin, 11347 West Dallan Ct., Boise, I am a real estate agent and I am very excited about this project. It has been difficult to find projects this size. Mark Butler, I don't represent Tom, I testified in favor of smaller lots. These changes are great. Discusses the private streets. This is a great project. Discussion on the type of projects coming before the City and the elitist attitudes that we see. General discussion. Mayor closes the Public Hearing Planner Williams discusses the proposed changes. General discussion. Pittman moves to approve RZ-04-18 & PP-03-18—Bellemeade Subdivision with a couple of changes in the Site Specific Conditions of those that were listed by Mr. Williams. Site Specific 3.4 to have the 31' added on the detached sidewalk and on the attached side including the 25' setback, Site Specific #8 to strike the first three lines of that specific Site Condition and then #16 to strike "the" in the paragraph and add also in its place and also strike "on" in that same line and add "the" and completely striking Site Specific Condition No. 20. Seconded by Bastian. ALL AYES: MOTION CARRIES 10. NEW BUSINESS: A. ACTION ITEM: Discussion of appraisal update at 127 S. Eagle Road and 97 W. Aikens Road, Eagle, Idaho. A request for Council to authorize Mayor Ridgeway to get updated appraisal. (SR) Mayor introduces the issue and provides Council an overview of obtaining a new appraisal on the Jackson House. The cost for the appraisal would be $3,500. We could also ask the URA if they want to participate. Bastian moves to approve the Mayor's proposal. Seconded by Mitchell. General discussion. Bastian: AYE; Gold: AYE; Pittman: AYE; Mitchell: AYE; ALL AYES: MOTION CARRIES 11. 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. Page S J:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-11-13-18rnin.doc 12. REPORTS: A. Mayor and Council Reports: Gold reports on the ACHD meeting and the Arts Commission meeting. Pittman reports on the ACHD meeting that he attended and reports on the Draft Master Plan for Trails and Pathways. General discussion. Mitchell reports on the van ceremony at the senior citizen center. Mayor reports on the Museum being featured on the History Channel tomorrow evening. Tomorrow from 4 to 7 there is an Open House here at City Hall on the consideration of Hwy 55 and Eagle Road. They will be going over the half continuous flow intersection proposal. The State of the City is February 7th this year and discusses the Mayor's Scholarship Fund and the Mayor's Challenge raising $1,000. Discusses medical insurance premiums. The City Clerk's and I are recommending that we go to the next plan that is available and it will match the benefits that we have now although it will be a 26% increase in premiums. We have already authorized a 10% increase. The cost would be $164 a month for each employee going forward. I will put this on the Consent Agenda at the next meeting if you are agreeable. General discussion. City Council concurs with the increase. B. City Hall Department Supervisor Reports: None C. City Attorney Report: There are some court documents that are in the One Drive and we have a hearing on the 26th. 13. 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: A. ACTION ITEM (c) To acquire an interest in real property which is not owned by a public agency. Charlie Wood Property. Bastian moves pursuant to I.C. 74-206 to go into Executive Session related to (c) To acquire an interest in real property. Seconded by Pittman. Bastian: AYE: Gold: AYE; Pittman: AYE; Mitchell: AYE: ALL AYES: MOTION CARRIES Council goes into Executive Session at 7:00 p.m. Council discusses Charlie Wood Property. Council leaves Executive Session at 7:35 p.m. Page 6 J:\COUNCU.\MINUTES\Temporary Minutes Work Area\CC-11-13-18min.doc Pittman moves that the City accept and acquire the interest in the property indicate from Charlie Wood as a dedication to the City. Seconded by Bastian. Mayor: I would like to offer that we continue with the assessment that our consultant has done on the environmental issue and we have him bring back the possible uses and the cost to follow up on each of those uses, fishing pond, recreation pond and natural park. Pittman: I would add that in my motion. Seconded concurs. ALL AYES: MOTION CARRIES 14. ADJOURNMENT: Mitchel moves to adjourn. Seconded by Gold. Mayor: are there any objections to adjournment? Seeing none we are adjourned. Hearing no further business, the Council meeting adjourned at 7:40 p.m. Respectfully submitted: SHARON K. BERGMANN CITY CLERK/TREASURER APPROVED: STAN RIDGEWAY MAYOR AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT WWW.CITYOFEAGLE.ORG. Page 7 1 \COUNCIL\MINUTES\Temporary Minutes Work Area\CC-11-13-18min doc EAGLE CITY COUNCIL MEETING RZ-04-18 & PP -03-18 — Bellemeade Subdivision — Madera Development, Inc. November 13, 2018 NAME TESTIFY PRO/ CON PLEASE PRINT ADDRESS YES/NO NEUTRAL j; Con ic/i 1r3X17 14107 UAW Cr y 65 PfLa 3€jsel ,:7---0 f3113