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HomeMy Public PortalAbout1994-11-03 (2) Town of Tmckcc TOWN COUN REGULAR MEETING November 3, 1994 6:00 Truckee Donner Public Utility District Boa l l om 11570 Donner Pass Road o CALL TO ORDER. Mayor Eagan called the meeting to order at 6:05 p.m. ROLL CALL. Town Manager Wright called the mil with Council Members Botto, Carpenter, Cross and Mayor Eagan Present. Council Member Aguera arrived at 6:07 p.m. Also present were Town Manager Stephen Wright, Public Works Director Jon Lander, Community Development Director Tony Lashbrook, Finance Director Jill Brown, Town Planner Elizabeth Eddins, Town Attomey Dennis Crabb and Executive Secretary Brenda LeBlanc. pLE'I~3E OF AII;FGIANCE. Pledge of Allegiance was led by Dale Creighton PUBLIC COMMENT. None Mayor Eagan noted at this fane the Town was proceeding with investigaflon regarding drugs in the community. Town Manager Wright stated that he had spoken to representatives from a variety of agencies within the Town and that a committee has been formed to discuss various issues of concern within the community. He stated that he would be reporting back to the Council regarding these issues. PRESI~ITATIONS. 5.1 Charter Committee Town Manager Wright gave a brief background on the Committee's process, and the hard work that the Committee had put into composing the Charter. Town Manager Wright introduced Leslie Williams Vice Chair of the Charter Committee. Leslie Williams summarized the Committee's process, pros and cons and the benefits of what the draRed Charier would bring to the community. She also noted that Mike Connell and Jerry Harris, two Committee members were also present. ~Ilae Council discussed the next process, how to inform the community, costs for the continued process, putting this item on a ballot and cont'mued involvement from the committee from this point on. Leslie W~lliams stated that the Committee would be available to assist the Council into the next process. The Council also Council IVfinutes November 3, 1994 Page 2 thanked the Committee and staff for their hard work and dedication in developing the Charter. Council Member Aguem moved, and Council Member Cross seconded, to direct staff to develop a proposal for future action and report back to the Council. CONSENT CAll,DAR. Item 6.4 was pulled from the Consent Calendar to be discussed later in the meeting. Motion made by Council Member Aguem to accept the Consent Calendar as amended, motion second by Council Member [lotto. Motion passed unanimously. 6.1 October 20, 1994 iWmutes. Approved 6.2 September 29, 1994 Joint Council and Planning Commission IVfinutes. Approved 6.3 Second Reading of Snow Parking Ordinance. Approved 6.5 Abandonment of Recreational and Public Utility Easement - Glenshire/Devoushire Subdivision at 10008 Whitehorse Road. Approved 6.6 Establishment of FY94-95 Gann Appropriation Un-nit (MSI). Approved 6.7 September 21, 1994 Joint Council and Planning Commission Minutes. Approved PUBLIC I~AR1NG 7.1 Zone Change 94-007, Gateway East, Creighton, Stevens and Tahoe Forest Hospital. Council Member Cross stated that Tahoe Forest Hospital has an account with his business and it was determined through consultation with the Town Attorney, because of the amount of business that they do with him was not materially significant and therefore he did not have a conflict of interest. Community Development Director Tony Lashbrook noted that this was a continued public hearing and briefly noted the Planning Commission recommendation and the two minor changes to the plan since the last hearing. He also presented an overhead of the structure, its location, layout, design concept, grading and mixed use of the building. Mr. Lashbrook noted that there was a new property owner, Tahoe Forest Hospital (the west 3 acres). The two changes were the new property owner and a driveway modification. The Council discussed the design changes and traffic impact. Mayor Eagan then asked for comments from the applicants and opened the public hearing. Dale Creighton, representing Gateway East - He stated that he was in agreement with the Planning Commission and that the property can be developed with the concept plans that have been identified including the proper safeguards for both the Town and developers. Council lVfmutes November 3, 1994 Page 3 Greg Faulkner - Stated that he was there to answer questions fi.om the Council. Mayor Eagan noted that the Council had received a full overview and discussed this project at length at a previous Council meeting. Public Comments Josh Susman, President of the Mountain Preservation Foundation. Mr. Susman voiced his concern that should there be another property owner, he was not sure that they would have to abide by the Concept Plan. He felt that it was premature to make a decision on a zoning change when the Town has not approached the guidelines and planning policies that may be applicable. He was also concerned about traffic impact on Donner Pass Road. Mayor Fagan closed the public hearing. Council continued to discuss the bike path location, foot path, traffic analysis, re- zoning, change in conditions, and conceptual design guidelines. Motion made by Council Member Botto that the Council introduce and waive the first reading of the ordinance zoning of subject property C2-PD-D with conditions based upon the adoption of a Negative Declaration, motion second by Council Member Aguera. Motion passed unanimously. 7.2 Alpine Produce Market (ZCSI-ISP~LA) 94-038) Mayor Fagan opened the public heating Town Planner Elizabeth Eddins noted that there were three applications, a.) zone change application, b.) a site application for a produce market and c.) a lot line adjustment to merge two parcels. She stated that this application had been reviewed by the Planning Commission and the Commission recommended approval of all three applications with some changes to the conditions of approval. These conditions are requiring a performance bond for the retaining wall on the northem boundary, landscaping and acquisition of a deceleration lane on Northwoods Boulevard. Council and staff discussed the deceleration lane, driveway location, stepped terrace, retaining wall, grading, landscaping, traffic, sidewalk, parking, entering and exiting access volume, snow removal, combining of two lots, adequate culverts and conditions of approval. Council Member Botto noted a concern that he owns property near this location and questioned whether the decision on the Alpine construction would have a material impact on his property. Council i¥finutes November 3, 1994 Page 4 Council Recessed at 7:30 Council Reconvened at 7:40 Council Member Botto stated that after talking with Town Attomey Dennis Crabb that his involvement could be a conflict of interest and excused himself from the deliberations. Mayor Eagan asked for comments from the applicants Hugh Williams spoke on behalf of the applicants and thanked individuals for their contn'bution to traffic studies, civil engineering and building design. Mr. Williams noted that the Alpine produce building will be 2800 square feet and that this building is consistent with guidelines on zoning. Mr. Williams also referred to the Conditions of Approval stating that the parking area shall be modified to preserve the large boulder surrounded by trees and a cluster of trees adjacent to the entrance. Also no construction will begin until the terracing has been completed and approved. Mayor Eagan asked for comments from the opposition. Josh Susman voiced his concern regarding traffic. He was in support of the project but concemed about the traffic on Northwoods Boulevard and the left mm from Northwoods Boulevard into the driveway. George Robertson is concerned about not enough parking and the parking on the street. Mayor Eagan closed the public hearing The Council discussed parking on Donner Pass Road and Northwoods Boulevard, adequate customer parking, left mm into business driveway, proposed muting of delivery track waffic, drainage and culvert, sidewalk extension in the future, traffic sign and questioned whether the Council and staff could revisit the issue of left mm into business off of Northwoods boulevard in the future if it becomes a problem. Motion made by Council Member Carpenter to approve Recommendation #1 that the Town Council adopt the proposed mitigated Negative Declaration for the project and direct staff to file a Notice of Determination, second by Council Member Agner& Motion passed unanimously. Motion made by Council Member Carpenter to approve Recommendation #2 that the Town Council introduce the first reading by title only an ordinance to change the Zone from RA~PD to C2-D on a portion of APN 18-500-39, based upon the findings contained within the staff report, second by Council Member Aguera. Motion passed unanimously. Motion made by Council Member Carpenter to approve Recommendation #3 that the Town Council approve the hearing Site plan and Lot Line adjustment #94-038 for the proposed Alpine Produce Market, based upon the findings contained within the Council IX~nnutes November 3, 1994 Page 5 Staff Report and upon the conditions of approval as revised by the Planning Commission, second by Council Member Aguera. Motion passed unanimously. 7.3 Appeal of Planning Commission and Staff Determination Regarding Future Use on an Existing Sign Structure APN 18-760-03, George and Patricia Wurst Owners and Applicants. Council Member Cross excused himself from the issues due to a conflict of interest Mayor Eagan opened the Public Hearing Community Development Director Tony Lashbrook advised the Council that this was a quasi-judicial hearing. Mr. Lashbrook briefed the Council on the background and history of this hearing. He sumnmrized the use of the sign in the past, location of the sign, whether the sign can be used as a billboard, discussed past and present codes and facts. He summarized his decision that the sign could be used to advertise uses on-site and on the adjacent parcel (Coldslxeam Corral) but not as a billboard generally. He noted that the Planning Commission considered the appeal at a public hearing which resulted in a 2-2 tie vote and no action. Mayor Eagan asked for comments fi.om the applicants. Jim Porter, represent'rog George and Patricia Wurst. Mr. Porter summarized the history of the property and billboard. He went on to give the location of the billboard, its curmmt use and that the sign was advertising off site businesses since the late 1950's. He stated that the billboard had never been out of use for 180 days which is considered a legal non-conforming use. Mr. Porter asked the Council to make a finding that the Wurst's billboard is a legal non-conforming use that is entitled to that status and can advertise off site businesses. George Wurst, applicant. Mr. Wurst stated that he had owned this property since 1973 and before this the sign was used as off-site advertising. Without the off-site advertising the property would be worthless and a financial loss. He stated that he applied for a zone change and as of tonight he had not been notified if his application had been accepted/approved. Mr. Wurst asked the Council to look at the billboard's past history, varied use and possible fmancial loss and make a fair judgment on what is right and wrong and not what the County has tried to set in concrete. Peter Gerdin, represented the Wurst in previous hearings. Mr. Gerdin gave an example of another sign in Truckee and its history and stated that the Wurst's sign is used in much the same way as this sign. Mayor Eagan asked for comments fi.om the opposition. Council }Vftnutes November 3, 1994 Page 6 Josh Susman - Mr. Susman was concerned that, if approved, would the Town be setting a precedence for future applicants. Mayor Eagan closed the Public Hearing. Discussion between Council and staff consisted of setting a precedent, billboards current and past use, grandfather non-confonuing use/rights, code enforcement cases, lot line adjustment, use on current parcel and adjacent parcel, zoning size and appearance of sign (double sided - code violation). Motion made by Council Member Aguem to accept the evidence presented and to accept the appeal by the Wursts and to allow use of the sign as a billboard, second by Council Member Botto. Discussion by Council regarding accepting new information as evidence, legal non conforming use, equity, general plan for use of the particular property, definition of billboard and Council's options. Council Member Agnem kept his previous motion. Ayes: Council Members Agnera and Botto Noes: Council Member Caqx~ter and Mayor Eagan Motion fails. Motion made by Council Member Carpenter to direct staff to look at documentation of any new evidence presented by the applicant and if necessary remm to the Council for reconsideration, second by Council Member Botto. Motion passed unanimously. Council recessed at 9:17 Council reconvened at 9:25 7.4 Public Hearing on Donner Terrace PRD Service Level (continued fi.om September 15, 1994). Mayor Eagan opened the Public Hearing Public Works Director Jon Lander refreshed the Council on the background of this hearing. He stated that he had been in touch with Mr. Dick Penniman and Mr. Bob Moore, avalanche risk experts. Mr. Lander stated that their assessment was that there are areas in the Town that are subject to some risk in certain weather conditions. The Town will receive notice from the USFS when general area weather is conducive to the problem and that the Town should not be plowing when the risk is high, He briefly reviewed expectations for the level of service, Council IVfinutes November 3, 1994 Page 7 rate for snow plowing available finances for this year, expectations for next year and his recommendafious. Council discussed, available funds for this year, risk factor and area notification. Mayor Eagan then dosed the Public Hearing Motion made by Council Member Aguera to direct the Public Works Director and Police Chief to develop an area of notification plan for the periods of avalanche risk; direct staff to develop cost effective plans for recommended snow removal on South Shore Drive in the Donner Tewace PRD for this winter season, and notify property owners in this PRD that in future years this "service" will not be provided by the Town, second by Carpenter. Motion passed unanimously 6.4 Authorization Recordation of Wolfe Estates Subdivision, Phase IV May. Council Member Carpenter excused himself due to a conflict of interest. Public Works Director Jon Lander noted that the Wolfe Estates Subdivision tentative map was fn'st approved by Ney_ada County, but Phase IV had a significant transformation to reduce its scope and environmental impact. It has been reviewed and approved by the Town Planning Commission. He also stated that Phase IH improvements have not been completed and that the subdivider is proposing to secure the future construction of improvements with performance, material and labor bonds. Discussion by Council and staff regarding Phase III map and improvements, performance bond, materials and labor bond and costs. Mayor Eagan asked for Public Comments Jean Solberg, representative and partial property owner of Wolfe Estates - She noted that the Town currently holds a $1,000,000 performance bond and a $1,000,000 labor and material bond. That there will be all underground utilities and everything has been completed with the exception of the last phase of pavement. Working on lot line adjustments and a reconfiguration is causing the holdup for paving. Phase IV is a different owner than Phase I, II, m. Requests that the Town Council approve the recordation of Phase IV because it is a separate issue and under conditions, the applicant will work out all the issues pending to the satisfaction of the Town Attomey and Town staff prior to recordation of Phase IV. Motion made by Council Member Cross that the Council adopt the Resolution authorizing the Mayor's signature on the final map of Wolfe Estates Subdivision Phase IV conditioned upon any outstanding issues involving Phase llI be resolved with the Town Attorney and Town Engineer prior to that recordation and Council IXFtmutes November 3, 1994 Page 8 authorizing acceptance of the Public Utility Easements, second by Council Member Botto. Motion passed unanimously. STAFF REPORTS - RESOLU'IIONS, AGREEMENTS, EI'C. 8.1 Council Review and Comment on the Eight Eastside River Environmental Impact Statement. Council Member Cross made a request to the Mayor to be excused from discussion on the section of the Truckee River within the Town limits and focus his discussions on all other segments. Community Development Director Tony Lashbrook gave an overview of the studies and findings from the USFS for the 8 eastside rivers/streams and whether or not these rivers met the qualifications of a Wild and Scenic river. He reviewed each designation and the USFS recommendations. The USFS picked three of the 8 rivers/streams as wild and scenic. Mr. Lashbrook stated that staffs recommendation is that the Council direct staff to prepare comments to the Forest Service recommending exclusion of the Truckee River, Cold Stream and Alder Creek within the Town of Truckee from the Wild and Scenic River Designation. Council and staff spent significant time discussing furore mad blocks/concerns not foreseen, affect on future plans and development, cost, benefits, preserving local control, language in legislative law, Town's involvement and the Town's position on rivers and streams outside the Town. Mayor Eagan stated that she personally supported anything that prevented the damming of these rivers/streams and that "flee flowing" is the height of what makes this area desirable as opposed to non free flowing. Council Member Cross would like to see added to staffs recommendation to add the Truckee River from Tahoe City to Truckee (south of Town) be excluded from designation. Motion made by Council Member Aguera to support the proposed designations that the USFS recommends with special emphasis placed on the following: the Truckee River from Lake Tahoe to the Town limits should be excluded; Alder Creek within the Town limits should not be designated; and that should any designation that requires a management plan be established, the Town would request to be involved in the development of that management plan, second by Council Member Cross. Mayor Eagan stated that she agrees with the motion but uneasy about the specification for Alder Creek. Motion passed unanimously. After Council Member Cross left the meeting the Council and staff reviewed and discussed the Truckee River designation within the Town limits. Issues discussed Council IVfmutes November 3, 1994 Page 9 included advantages and disadvantages of a portion of the Truckee River being designated within the Town. Motion made by Council Member Carpenter to follow staffs recommendation to exclude designation of the Truckee River within the Town boundaries, second by Council Member Aguera. Motion passed unanimously. 8.2 Management and Mid-management Salmy and Benefit Adjustments - Pulled fi'om to agenda - to be discussed at a future Council Meeting. 9.1 Truckee River Operating Agreement Update. Mayor Eagan stated that the Truckee River Basin Water Group came up with its first product with regard to the Truckee River Operating Agreement negotiations on the definition of wells. There is a subcommittee working on economic impact model of the TROA ElS. 9.2 Update on League of California Cities resolutions process. Council Member Carpenter reported on his participation at the Annual Conference and briefly noted the results of action on the 32 resolutions that were submitted to the general resolution committee. Town Manager briefed the Council on their role conceming Weststafs rate increase. He stated that their is no rate regulation authority by the Town Council and that the only regulation is that Weststar notify the Council. Town Attorney Dennis Crabb reminded the Council that as more people get on the inter- net program that the Brown Act still applies to Council Members while they are on the network. 10. ~. Mayor Eagan adjoumed the Council meeting at 11:07 p.m. Respectfully submitted, Stephen ~. Wright Approved the 17th day of November, 1994