Minutes - 2005 - City Council - 11/22/2005 - Regular
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EAGLE CITY COUNCIL
Minutes
November 22, 2005
This meeting was held at the
Eagle Senior Center
312 E. State St.
PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m.
\. Mayor and Council's Report:
Nordstrom: No report.
Guerber: No report.
Mayor: I interviewed one person for the Mayor's Assistance who has great experience.
I met with Greg Olson on some land north of Eagle. He came in to apologize.
Met with Mr. Maletta, the gentleman that cut down the trees by Merrill Park. He said he made a
big mistake and wanted to apologize. He will put money into the City tree fund. He has to do a
lot of mitigation for the wetlands. He will pay for the pathway on the level between the Park and
Dater's property. There are a couple of chimneys that are over 35' high. General discussion.
Reports on the Mayor's Youth Action Council. They are going to try and take care of a family in
Eagle for Thanksgiving.
Bastian: Reports on Legislative Committees. The City should pursue in conjunction with
ACHD requiring conduit for fiber optic be put in all new streets within the City. General
discussion.
Discussion on Dana Borquist's request for feed back and how they are doing.
Sedlacek: Reports on Senior fund raising.
I spend a day at DEQ. State Revolving Loan funds are getting hit by Federal cuts.
Discussion on all of the meetings the end of November.
2. City Engineer Report: The Water Master Plan Volumes I and 2 are ready to be taken to
DEQ. We have the specifications on the Brookwood well for DEQ. The Mayor and I will try to
get these delivered to DEQ tomorrow. I will deliver a copy to Mike Hormaechea. General
discussion.
City Attorney Report: Discussion on the issues with Ringo Ridge. The attorney's came to an
agreement and Patterson is reluctant to sign the agreement. City Attorney distributes a copy of
the agreement to Council and Council reviews the agreement. General discussion.
City Attorney: Reports on the wells at Legacy and Eaglefield. In regards to the public hearing
tonight on Legacy, the Development Agreement is the last thing to work on and I want the Public
Hearing to be continued to the 1 nth of January. General discussion.
3. 3. City Clerk/Treasurer Report: We completed the FY 04/05 audit today.
Discussion on the city seal for the new city hall.
Jason Pierce, Economic Development Council, we would like to hold a town hall city to find out
what the citizens would like to see in the downtown area.
Discussion on crosswalk lights on State Street.
Discussion on ITD Grants for Eagle Road.
4. Zoning Administrator's Report: No report
REGULAR COUNCIL AGENDA: 7:30 p.m.
1. CALL TO ORDER: Mayor calls the meeting to order at 7:30 p.m.
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2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. All present. A
quorum is present.
3. PLEDGE OF ALLEGIANCE:
4. PUBLIC COMMENT: None
Guerber moves to amend the Agenda and add as Item #8 an Executive Session for pending
litigation. Seconded by Nordstrom. ALL AYES: MOTION CARRIES..........................
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 Rules of
Order.
. 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. Minutes of November 15,2005.
e. Findinl!:s of Fact and Conclusions of Law for A-I I-OS & RZ-15-05-
Annexation and Rezone From RUT to R-E - Dustin Simpson: Dustin
Simpson, represented by Angela Cornish and Doug Bergey with Associated Land
Surveyors, is requesting annexation and rezone from RUT (Rural Urban
Transition) to R-E (Residential Estates). The 5-acre site is located on Tabasco
Trail approximately SOO-feet east of Park Lane at 3664 Tabasco Trail. (WEV)
D. Findinl!:s of Fact and Conclusions of Law for RZ-16-05 - Rezone With
Development Al!:reement From A-R To R-2-DA - Beverlv Gross: Beverly
Gross, represented by Charlene Quade with Richard Cummins Law Offices, is
requesting approval of a rezone from A-R (Agricultural- Residential) to R-2-DA
(Residential-two units per acre) with development agreement. The .65 acre site
is located in the southeast corner of Lot 6, Block 3, of Rocket Bar Subdivision at
2139 North Edgewood Road. (WEV)
E. DR-63-05 - ChiIdcare Facility within Merrill Subdivision No.5 - Dave Evans
Construction: Dave Evans Construction, represented by Travis Burrows, is
requesting design review approval to construct a 3,430-square foot childcare
facility for Boise Christian Preschool Academy. The site is located on the south
side of East Iron Eagle Drive within Merrill Subdivision No.5. (WEV)
F. Approval of Cultural Arts Commission expenditure to create scholarships
for students for the Eal!:le area in coni unction with the Eal!:le Performinl!:
Arts Center. (SKB)
G. Al!:reement for LYNX! Consortium Services: (SKB)
H. Resolution 05-27: A Resolution Of The City Of Eagle, Idaho, Appointing Board
Members And Alternates To The Valley Regional Transit Board, And Providing
An Effective Date. (SKB)
Sedlacek moves to approve the Consent Agenda. Seconded by Guerber. Bastian; AYE:
Sedlacek: AYE; Guerber: AYE; Nordstrom: AYE: ALL A YES: MOTION
CARRIES........ ...
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6. NEW BUSINESS:
A. Rinl!:o Ridl!:e Al!:reement: (SB)
Mayor introduces the issue.
Bastian moves to continue the Ringo Ridge Agreement to the November 29,2005 City
Council meeting. Seconded by Sedlacek. ALL AYES: MOTION CARRIES............
7. PUBLIC HEARINGS:
A. A-9-05/RZ-13-05/CU-12-05/PPUD-13-05 - Lel!:acv Planned Unit Development: Signature
Sports Development, LLC, represented by Darren Fluke of JUB Engineering is requesting
annexation of 192.63-acres, a rezone of 762.38-acres from A (Agricultural) and RR (Rural
Residential-Ada County Designation) to R-2-DA-P(Residential two units per acre maximum with
a development agreement - PUD), and conditional use, planned unit development preliminary
development plan approvals for the Legacy Planned Community. The entire development
consists of 762.38-acres (1, I 64-residiential lots with 8A-acres of commercial and 29\.I-acres of
golf course and open space). (NBS)
Mayor introduces the issue.
Todd Santiago, Project Manager Signature Sports Development, LLC, provides Council an
introduction into the Legacy project and introduces Chris Moore.
Chris Moore, DTJ Design, planner for the development, our company does design all over the
country specializing in community design. Presents a Power Point Presentation discussing the
different types of growth. Legacy is trying to present a variety of housing types. We were
involved with the River Run Development in Boise several years ago. This is a comprehensive
land plan of760 acres of property. Discussion on comprehensive planning and open spaces. A
large percentage of land is for recreational opportunities with a small amount of commercial.
Discussion on the academy teaching facilities, golf, swimming, tennis, and soccer. Discussion
on the academy core development. Discussion on pathways and parks. Discussion on the
elementary school site. Open space is 40% of the developable land. Discussion signage and
lighting. Discussion on identifiable neighborhoods. Neighborhoods consist of 50 homes with a
variety of home designs. Further discussion on open spaces.
Zoning Administrator Vaughan, The challenge staff has had is to take the applicants vision and
make it fit with our city planning process. Staff has worked on a Development Agreement that
will also be reviewed with this project. The Planning and Zoning Commission recommended
approval recognizing that there will be conditions on how the project is developed. There are
details that are not finalized with this submittal. We will be looking at many more application
submittals with this project. Provides an overview of the project for the Council. Discussion on
density. Discussion on the open space. Discussion on adjacent properties requesting to come
under the umbrella of Legacy. General discussion. Discussion private streets. Discussion on set
backs. Discussion on the Memorandum of Agreement in regards to the city water system.
Mayor opens the Public Hearing and discusses the rules of the public hearing.
Mayor swears in Marie Helfferich.
Marie Helfferich, 2888 N. Linder Road, discusses the Master Plan Expansion Area. City
Council is driven by annexing all property west to Highway 16. Discussion on notification and
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the difference between City notification and County notification. I request that notification be
expanded to large areas. I ask you to deny this exclusive density transfer. Reads the Idaho Code
regarding density transfer.
General Council discussion on Legacy's proposed master plan including the expansion area and
the density transfer.
Mayor swears in Danny Wall.
Danny Wall, 2124 Courtland, as a resident who lives and works here I came tonight to show my
support for the Legacy project. At some point in time this area will be developed. I do not
believe there is a better project out there than the Legacy project. My career is in real estate. I
feel we are fortunate to have Legacy come to our community.
Mayor swears in Teri Bath.
Teri Bath, 1729 Whitby Lane, I am here to show my support from the Eagle Chamber of
Commerce and the Economic Development Council. I think for commerce in the City of Eagle
this project is good. It brings quality commerce and this starts some process for industry in the
City of Eagle. This is what the Chamber supports, live, work and shop in the City. This will set
the pace for the Western edge of the community.
Mayor swears in Rita Kissee.
Rita Kissee, 1528 E. Falcon Rim Court, I was born in Idaho and have chosen to make Eagle my
home. I came to show my support for Legacy.
Mayor swears in Dan Givens.
Dan Givens, 501 Front Street, I am not an Eagle residence but I am here in support of Legacy. I
am in real estate and have managed similar projects. This is a truly a refreshing change. I think
the citizens of Eagle should applaud the master planned community of Legacy. The number one
thing that buyers want today is open spaces.
Mayor swears in Mike Hormaechea.
Mike Hormaechea, Boise, I'm here in behalf of Hormaechea Partnership and I'm here in support
of this project. We are a neighbor and I support the project. General discussion on the large
cattle feed lot in the area.
Mayor swears in Bud Roundtree.
Bud Roundtree, 468 N. Longhorn, I need clarification: are you here tonight to consider
annexation? Discussion on what the application covers. This development will impact the
surrounding area. Growth comes at a cost. Discussion on the berming around the Longhorn area
and the road infrastructure. I know the City is going to approve the project and ACHD has stated
that they will fix the roads. Discussion on the traffic on the area roads.
Mayor swears in Kathy Nahas.
Kathy Nahas, 2634 E. Gladstone, I have questions about the golf course being private and all of
the facilities being in this development not being used by the public.
Mayor swears in Hossein Khorsand.
Hossein Khorsand, 4132 N. Ballantyne Lane, this sounds good and thoughtfully put together.
Discussion on free space. Is free space going to be used by the general public?
Mayor swears in Ali Shoustarian.
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Ali Shoustarian, 1119 N. Eagle Road, we are talking how pretty the project is but we are not
talking about the infrastructure of the property. We know there is a water issue. Another issue is
sewer. Discussion on the roads.
Mayor swears in Lou Germano.
Lou Germano, 1566 N. Wimbeldon, will the city of Eagle bear any cost for this development.
do want my tax dollars to go towards improving an area where I do not have access.
Vern Brewer, Holladay Engineering, City Engineering, in the year 2000 the City began planning
water service in the Western Area ofImpact. We currently have a plan completed this month
that will go to DEQ. As a City we have been very active in planning water and sewer for this
area.
Council Member Sedlacek, I have worked for the Sewer District for 14 years. The City of Eagle
is ready to accept this application. Eagle Sewer District is doing another Sewer Plan for this
area. Developers pay their way when it comes to sewer. The developers either bring in the water
and develop the infrastructure or pay larger fees. Discussion on the roads in the area. WE are
better prepared for this project than we have been for most of the projects before.
Mayor calls a recess at 9:35 p.m.
Mayor reconvenes the meeting at 9:45 p.m.
Todd Santiago, I'm going to have Gary Lee address water and sewer.
Gary Lee, Council Member Sedlacek and Vern Brewer did an excellent job on explaining the
water and sewer. Displays an overhead on the sanitary sewer for the project and discusses the
same. We will build what is needed for each phase. Displays an overhead on the Water,
Irrigation and Potable and discusses the proposed wells and the water system. There are three
wells that are going in immediately. Discussion on the test well. Discussion on the irrigation
water. There has been a traffic study done by ACHD standards and requirements. Discussion on
traffic and roadways.
Todd Santiago, we recently met with the residents of Longhorn and have come to an agreement.
Discussion on access into Longhorn. They prefer to have bollards installed and to be used for
emergency access only and we will support this with ACHD. The decision will be with ACHD.
Discussion on interconnectivity. This development will add $650M to the tax base. There would
be a significant net increase in taxes to the City. We do have a private golf course on the
property. The Academy Core will also be for residents only. The parks and trail systems will be
open to the public. In our development the resident's homeowner's fees will go to maintain these
private areas. Discussion on the academy's and their curriculum.
General discussion on the project being so exclusive and the gated community part of the project.
Todd Santiago, discussion on the commercial areas. Discussion on the Site Specific Conditions
in the Staff Report. Discussion on broadband access to the homes. Discussion on the 10 acre
school site. Discussion on density transfer.
Nichole Baird Spencer, City Planner, discusses density transfer.
City Attorney Buxton: Discussion on density transfer. This type of density transfer has been
used in the past as in Brookwood. General discussion.
Nichole Baird Spencer, City Planner, does a drawing and provides an overview of density
transfer. General discussion.
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City Attorney Buxton: If you were to make any decision where the Development Agreement
would be one of the documents then I am requesting that the public hearing stay open until
January 10,2005.
Chris Moore, discusses the set backs. General discussion.
Council discussion on density.
Discussion on keeping the public hearing open and what part of the application a decision can be
made on this evening.
General Council discussion on the application.
Nordstrom recommends that the public hearing on the annexation and rezone be closed.
Mayor closes the Public Hearing on the annexation and rezone.
Nordstrom moves to continue the Conditional Use Permit and the PPUD for the Legacy
Planned Unit Development and the Development Agreement to the January 10,2006 City
Council meeting. Seconded by Bastian. ALL AYES: MOTION CARRIES............
City Attorney: This would be an Old Business item on the January 10, 2006 City Council
Agenda and the meeting will start early so Council Member Sedlacek can participate and the
swearing in of the new Council Members will be after this.
Nordstrom moves that this would be an Old Business Item on the January 10,2006 agenda
prior to the swearing in of the new Council Members and the meeting will start early.
Seconded by Guerber. ALL AYES: MOTION CARRIES............
Nordstrom moves to approve the Annexation Application 9-05 and Rezone Application 13-
05 for the Legacy Planned Unit Development with a contingency that it is subject to a
successful vote and settlement of the Conditional Use Permit 12-05, the PPUD 13-05 and
the Development Agreement for the Legacy Planned Unit Development. Seconded by
Bastian. ALL AYES: MOTION CARRIES..........................
Mayor calls a recess at 11 :45 p.m.
Mayor reconvenes at 12:00 a.m.
8. Executive Session - Threatened and Pendinl!: Litil!:ation:
Bastian moves to go into Executive Session for the discussion of threatened and pending
litigation. Seconded by Sedlacek. Bastian: AYE; Sedlacek: A YEj Guerber: AYE;
Nordstrom: AYE: ALL AYES: MOTION CARRIES.................
Council goes into Executive Session at 12:01 a.m.
Council discusses pending litigation.
Council leaves Executive Session at 12:20 a.m.
Council directs staff to direct Susan Wildwood to take the Committee of Nine decision to the
Court.
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8. ADJOURNMENT:
Bastian moves to adjourn. Seconded by Sedlacek. ALL A YES: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 12:22 a.m.
LPPROVED:
I,
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EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP SHEET
SUBJECT: A-9-05/RZ-13-05/CU-12-05/PPUD-13-05 -
Leeacv Planned Unit Development:
November 22, 2005 7:30 MM.
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SUBJECT: A-9-05/RZ-13-05/CU-12-05/PPUD-13-05 -
Le2acy Planned Unit Development:
November 22, 2005 7:30 p.m.
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