Minutes - 2006 - City Council - 03/28/2006 - Regular
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EAGLE CITY COUNCIL
Minutes
March 28, 2006
THIS MEETING WAS HELD AT THE EAGLE SENIOR CENTER
PRE-COUNCIL AGENDA: 6:30 n.m. - 7:30 n.m.
A. Ada County Highway District - Don Kostelec will present information on the design of Hill
Road. The City requested that the Hill Road extension be moved up on their list. Displays an
overhead of the Hill Road Project. Provides Council an overview of the design. Discussion on
the costs that the City would be paying for. Cost of the project is $3.5M. General discussion. If
the City is willing to move forward we would need a Letter of Intent from the City.
Zoning Administrator Vaughan: Distributes spreadsheets on the City's costs of the project and
discusses the same. General discussion.
Discussion on a lighted crosswalk at Stierman. The City would pay half of the costs on this
project. Terry Little was going to check on this. The City costs should be approximately
$14,000.00.
Discussion on the seniors getting across the crosswalk by the City Hall.
Discussion on the street light placement at the Hill Road expansion project.
Council President Bastian: I would entertain a Motion to go into Executive Session for the
discussion of pending or threatened litigation, I.C., 67-2345(1).
So Moved by Guerber. Seconded by Bandy. Bastian: AYE; Guerber: AYE; Nordstrom:
AYE; Bandy: AYE: ALL AYES: MOTION CARRIES.................
Council goes into Executive Session at 7:25 p.m.
Council discusses pending or threatened litigation.
Council leaves Executive Session at 7:35 p.m.
REGULAR AGENDA
1. CALL TO ORDER: Council President Bastian calls the meeting to order at 7:35 p.m.
2. ROLL CALL: BASTIAN, GUERBER, NORDSTROM, BANDY. All present. A quorum
is present.
3. PLEDGE OF ALLEGIANCE:
4. PUBLIC COMMENT: None
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
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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 March 14,2006.
C. Minutes of March 21,2006.
D. Re-annointment to the Historical Preservation Commission: The Mayor is
requesting Council confirmation of the re-appointment of Weldon Fisher to the
Commission for another three year term which will expire in 2009(NM)
E. Annointment to the Historical Preservation Commission: The Mayor is
requesting Council confirmation of the appointment of Anne Gibson to the
Commission for a three year term which will expire in 2009. (NM)
Nordstrom moves to approve the Consent Agenda. Seconded by Guerber. Bastian: AYE;
Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION
CARRIES. ................
6. PROCLAMATIONS & RESOLUTIONS:
A. Resolution 06-10: A Resolution Of The Eagle City Council To Vacate The "Ingress/Egress"
Plat Note Number 8 On Merrill Subdivision No.2 Final Plat To Eliminate The Access Easement
And Retain The Utility Easement In Place For (Lot 6-8, Block 3) In The Subdivision As Shown
On The Attachments Hereto; And Providing An Effective Date. (WEV)
Council President Bastian introduces the issue.
Zoning Administrator Vaughan: These Resolutions 06-10 and 06-11 reflect the action
taken by the Council with regard to the respective vacations.
Guerber moves to approve Resolution 06-10. Seconded by Bandy. ALL A YES: MOTION
CARRIES...................
B. Resolution 06-11: A Resolution Of The Eagle City Council To Vacate Utility, Drainage,
And Irrigation Easements Along The Side Lot Lines Of Lots 8, 9, And II, Block 3, (Merrill
Subdivision No.2) As Shown On The Attachments Hereto; And Providing An Effective Date.
(WEV)
Council President Bastian introduces the issue.
Guerber moves to approve Resolution 06-11: A Resolution Of The Eagle City Council To
Vacate Utility, Drainage, And Irrigation Easements Along The Side Lot Lines Of Lots 8, 9,
And 11, Block 3, (Merrill Subdivision No.2) As Shown On The Attachments Hereto; And
Providing An Effective Date. Seconded by Bandy. Discussion. ALL AYES: MOTION
CARRIES................. .
Guerber moves to move Item #9A for consideration at this time which is the Award of the
Bid for Hill Road Park. Seconded by Nordstrom. ALL A YES: MOTION
CARRIES..............
City Attorney Buxton: I would like to have Mr. Jim Murray give his presentation and then
the Council can decide if they want to take action tonight.
A. Award bid for Hill Road Park Phase II construction: (M. McCurry)
Council President Bastian introduces the issue.
Jim Murray,CSHQA, provides Council an overview of the bids received on Hill Road Park, Also
discusses the Bid Alternates. Mick McCurry, Facilities Manager, has been working with Home
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Depot to provide Bid Alternate No.3 the gravel path. Mick also received pricing for picnic tables
and the City can purchase the tables at a lower price than the Bid Alternate Price. We have
detennined that deleting Bid Alternate No.3 and No.4 would be a better use of public funds.
Discussion on the other two Bid Alternates. The first and second bids were just $64.00 apart.
Discussion on the bid numbers. We are recommending that the Council accept the base bid plus
Bid Alternate No.2. This would result in the bid being awarded to KJ. Construction. Bid
Alternate No. 1 is the improvements to the frontage landscaping and you may want to wait on
this until the Hill Road Alignment is constructed. General discussion.
City Attorney Buxton: The City received a letter from Wright Brothers Construction that came
in today in regards to a donation of the Alternate No.2 the Amphitheater. It is my
recommendation that the Council disregard this donation as it would violate the bid laws.
Jim Murray discusses value engineering on the project. This can not be done until after the
project is awarded. Both K. J. and Wright Brothers have agreed to this.
City Clerk Bergmann: Reviews the budget, revenue and expenses with the Council.
General Council discussion.
Bandy moves to approve the bid based on Base Bid and Bid Alternate No.2 with the
project being awarded to the lower bidder. Seconded by Nordstrom. Discussion. Bastian:
AYE; Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALL A YES: MOTION
CARRIES........
7. FINAL PLATS: None
8. PUBLIC HEARINGS:
A. A-16-05 & RZ-23-05 - Annexation and Rezone From RR to A-R - City of Eal!le/Clint
DeckerslKurt Kuester: The applicants are requesting approval of an annexation and rezone
from RR (Rural Residential) to A-R (Agricultural Residential). The l8.84-acre site is generally
located southwest of the intersection of Floating Feather Road and Palmer Lane at 1707 & 1725
N. Palmer Lane. (WEV)
Council President Bastian introduces the issue.
Zoning Administrator Vaughan: Displays overheads and provides Council an overview of the
project.
Council President Bastian Opens the Public Hearing
Council President Bastian Closes the Public Hearing
Council President Bastian: Mr. Kuster do you agree that he has spoken in your behalf. Mr.
Kuster states "yes".
Guerber moves that A-16-05 & RZ-23-05 - Annexation and Rezone From RR to A-R - City
of Eagle/Clint DeckerslKurt Kuester be approved with the approved conditions as reviews
and outlined by Planning and Zoning and staff. Seconded by Nordstrom. ALL AYES:
MOTION CARRIES........
B. CU-13-05 - Wireless Facility Attached To An Existinl! Baseball Field Lil!ht PoIe-
Clearwire LLC: Clearwire LLC, represented by Julie Cope with Pro Land, LLC., is requesting
conditional use approval to construct a personal wireless facility on an existing baseball field
light pole. The baseball field light pole is located within the 49-acre Eagle High School baseball
field on the northeast corner of Park Lane and Nephi Lane, specifically at 574 N. Park Lane.
(WEV)
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Council President Bastian introduces the issue.
Julie Cope, Pro Land LLC, provides Council an overview of the request. General discussion
Zoning Administrator Vaughan:
Guerber moves to approve CU-13-05 - Wireless Facility Attached To An Existing Baseball
Field Light Pole - Clearwire LLC and strike Site Specific Condition No.5 which is the
reference to the installation of an osprey nesting box. Seconded by Bandy. ALL AYES:
MOTION CARRIES.........................
C. A_17_051RZ-24_05/CU_14_05/PP_16_05/PPUD_7_05 Bella Terra Planned Unit
Development - Ted Martinez: Ted Martinez, represented by Jason Densmer with The Land
Group, is requesting annexation, rezone preliminary development plan, conditional use, and
preliminary plat approvals for Bella Terra Planned Unit Development, a 89 -lot (73-buildable,
16-common) planned residential development. The 37.79-acre site is located on the east side of
North Linder Road approximately a quarter mile north of West Floating Feather Road. (WEV)
Council President Bastian introduces the issue.
Jason Densmer, The Land Group, representing the applicant, provides Council an overview of
the project. Discussion on the visioning process and the town hall meetings.
Planner Mike Williams, displays a vicinity map and provides Council an overview of the project.
Council President Bastian opens the Public Hearing
Council President Bastian swears in Jeff Martell
Jeff Martell, 1239 E Portabella Court, I would like to go on record in favor of this project. I think
the vision of the project goes with what the market place is asking for. I am a licensed realtor.
Council President Bastian swears in Mike Huffaker
Mike Huffaker, 1753 N. Chaucer Way, I appreciate the time we have had to comment on what is
happening in the City of Eagle and appreciate the Council for the time they have spent. My
primary object to some ofthese projects is density. Discussion on the infrastructure. General
discussion.
Council President swears in Sandra McDavid
Sandra McDavid, 1297 N. Caucer Way, I want to reiterate Mr. Huffaker's comments on the good
job that the Council does. Besides infrastructure we also a view of the area. There will be 1,000
more homes in our area. Our lots are 2 acres. Discussion on transitioning. I would like a lot
more open space between the homes.
Foad Roghani, 175 S. Roosevelt Lane, people have the misconception that there is a lot of money
in development. In Meridian and Kuna developers can make a lot more money because they can
lower the standards of the homes built. Discussion on the density of the project. I am for the
project.
Council President swears in Dwayne Lingel
DWayne Lingel, 2440 N. Park, I want to support the project. I appreciate the use of the land and
the quality of the project.
Council President swears in Patty Dubbie
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Patty Dubbie 4310 N. Linder Road, I have lived within a mile of this project and I am in favor of
this project. A lot ofthought has gone into this project. The Council should look at this project
for a model in the area. I am in favor of this project.
Council President swears in Gaylord Dubbie
Gaylord Dubbie, 4310 N. Linder Road, I have lived in the immediate vicinity for 23 years. I took
a special interest in this project and called Mr. Martinez to discuss this project. I am in favor of
this project. .
Council President Bastian swears in Marilyn Talbot
Marilyn Talbot, 1978 Prescott Way, as an Eagle resident I am in favor of this development.
Ronald Talbot states he is in favor.
Council President swears in Steve Martinez
Steve Martinez, 1772 W. Sugarberry, discusses the infrastructure and ACHD impact fees. 2
units per acre is really not higher density. Low density does not support ACHD, water service,
school sites and the City tax base. I am in favor of the project. General discussion.
Council discussion on ACHD impact fees. Most of the impact fees paid to ACHD go to the
North Meridian area because they have higher density.
Council President swears in John Coker.
John Coker, 871 E. Shadow Creek Lane, I am in support of this project. I think this project is
going to provide the opportunity for young families like mine to stay in the area. The common
areas are use for kids to play.
Stephanie is for the project.
Council President Bastian swears in Layne Koefed
Layne Koefed, 22958 Conrad Court, Middleton, I am here in support of the project. This will be
an outstanding, elegant subdivision in Eagle. Discussion on open space and walking paths. The
amenities are going to be outstanding.
Council President swears in Chad Henson
Chad Henson, 3658 S. Creekwood Way, I have been involved in various projects in Ada and
Canyon County. This is they type of project that will add to the community.
Council President Bastian swears in Dave Yorgason
Dave Yorgason, 6200 N. Meeker Place, Boise, I have had a chance to look at the plan and visit
with the developer. I am in support of the project.
Council President Bastian swears in Sauna Betts
Sauna Betts, 1835 N. Park Lane, we are in the middle of all of the projects being developed and
we support this project.
Council President Bastian swears in Marie Huffaker.
Marie Huffaker, I just have a question. I wanted to see how the north part of the project would
transition to the 5 acre lots. Discussion on the size of the lots transitioning. I don't believe this
is the type oftransitioning that has been discussed
Council President Bastian swears Mark Beckman
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Mark Beckman, 3050 N. Floating Feather Road, I have lived here since 1989. When the
subdivision Mr. Huffaker now Jives in came before you I was sitting in his position and we are
talking about 5 acre lots. Ifit was up to me the area would be ag land and would be farmed. I
live in the County surrounded by all of these developments. I do intend to develop my property
eventually. I am in support of this development. It meets the vision of the City of Eagle. I wish
when your subdivision had been placed there would have been the requirements that are in place
today. You would have had a lot more amenities. You can't please everyone. 2 acres is not low
density in my opinion.
Council President Bastian swears in Gary McKeef
Gary McKeef, 22840 Conrad Court, Middleton, I live in Middleton and I want to say I support
Bella Terra.
Gaylord Dubbie, on the street West of the project there are two people that could not be here
tonight and they want to be part of the record in support of the project. Hands Council President
a paper with their names.
Jason Densmer, discusses detached sidewalks. We are in agreement with detached sidewalks.
We will provide the easement behind the detached sidewalks for the utilities. Discusses the roads
bordering the subdivision, interconnectivity and sidewalks. Displays the vicinity map and
discusses the pathway along the Chevron Pipeline. Discussion on 5 acre lots on septic systems.
Discussion on the Conditions of Approval. There is one that is a little awkward which is No. 25.
Discussion on the Tuscan architecture. I would suggest that Condition No. 25 be stricken.
Council President Bastian swears in Ted Martinez.
Ted Martinez, 1875 Stream Point Lane, I want to give you my vision of Bella Terra. We tried to
create a neighborhood with open spaces and one that has a community club house and pool. We
tried to leave it open to have a neighborhood feeling. Discusses impact fees. General discussion.
Discussion on the type of fencing in the subdivision. Discussion on the planting strips.
General Council discussion.
Council President Bastian closes the Public Hearing
General Council discussion
Guerber moves to approve A-17-051RZ-24-05/CU-14-05/PP-16-05/PPUD-7-05 Bella Terra
Planned Unit Development with the Site Specific Conditions of Approval as proposed by
Planning and Zoning Commission; striking Item #25, and requiring a minimum lot size of
17,000 sq ft in the south east corner of the subdivision, Lots 6 & 7 being a minimum of
17,00 sq ft and no lots being smaller that 9,000 sq ft. Seconded by Bandy. Discussion.
That would be Block 3, Lot 17 and 18 and Site Specific Condition #13, all references to 5'
should be 8'. Maker ofthe Motion and the Second concurs. Further discussion. THREE
AYES: ONE NAY: MOTION CARRIES............
Council President calls a recess at 10:20 p.m.
Council President reconvenes at 10:30 p.m.
D. RZ-21-05 - Rezone From A-R to RM-E - Georl!e Bond: George Bond is requesting
approval of a rezone from A-R (Agricultural-Residential) to R-E (Residential-Estates - one unit
per two acres). The 4.8 acre site is located on the east side of Ballantyne Lane 1,320 feet south
of West Floating Feather Road (Lot I, of Baker's Acres Subdivision). Staff is requesting this
time be continued to the Aprilll. 2006 meeting. (WEV)
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Council President Bastian introduces the issue.
Nordstrom moves to continue RZ-21-05 - Rezone From A-R to RM-E - George Bond to the
April 11, 2006 City Council meeting. Seconded by Bandy. Staff: this application has been
withdrawn.
Bastian moves to remand RZ-21-05 - Rezone From A-R to RM-E - George Bond to Staff.
Seconded by Bandy. ALL AYES: MOTION CARRIES........................
9. NEW BUSINESS:
A. Award bid for Hill Road Park Phase II construction: (M. McCurry)
Moved by Motion to Amend the Agenda to before Public Hearings.
B. Municipal Park Vendor selection: Per Resolution No. 04-13: At the last regular Council
meeting in March, the City Council will select by lottery, from a list of interested applicants, who
the City will enter into negotiations with for the lease of vendor space/facility on municipally
owned property. (SKB)
Council President Bastian introduces the issue.
General discussion.
Nordstrom moves to approve the selected vendor to serve snacks and drinks and
concessions at the Skate Park. Seconded by Guerber. ALL AYES: MOTION
CARRIES............... .
10. UNFINISHED BUSINESS: None
II. REPORTS:
Zoning Administrator's Report: No report
City Attorney Report: I had a meeting today with some interest parties to the north. Last
meeting you approved submitting an application for the purchase of BLM Land. M3 has
acquired a lot of land around this area and they are now working on a land exchange with the
BLM. They have asked if the City wants to work with them. This group is going to come in and
ask for a Comprehensive Plan amendment and when they get contiguous they will ask for
annexation. They want to discuss a land exchange with the City. I'm not asking for your
approval on anything tonight. I just want your approval to participate in additional conversations
with them. This would be a Legislative Land Exchange which we have done several for other
entities. General discussion.
City Clerk Report: Discusses refinancing the General Obligation Library Bond with the Idaho
Municipal Bond Bank. Council concurs to proceed with the application and report back to the
Council.
City Clerk Bergmann reports on the progress of the new city hall. We will be moving Friday,
Saturday and the following Monday into the new city hall. The parking lots will be stripped on
Wednesday night, the fire alarm will be tested Wednesday, the panel system and the filing
system is being installed. The Mayor and I are working on tables for the conference room.
Council dais will be installed Wednesday or Thursday. General discussion.
Mayor and Council's Report:
Council Member Nordstrom: No Report
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Council Member Guerber: I had a conversation with someone from the County today and they
were stating that the County had done so much for the City and they wondered if the Council
would like to sit down session with the County Commissioners. General discussion.
Bastian: No Report
Bandy: No Report
City Engineer Report: No Report
12. ADJOURNMENT:
Nordstrom moves to adjourn. Seconded by Bandy. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at II :00 p.m.
Respectfully submitted:
CS!~-:AB~RG~AN0>~
CITY CLERK/TREASURER
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