Minutes - 2006 - City Council - 05/09/2006 - Regular (2)
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EAGLE CITY COUNCIL
Minutes
May 9, 2006
PRE-COUNCIL AGENDA: 6:30 D.m. - 7:30 p.m.
I. Deanna Stallings with Syringa Bank will make a presentation to Council. Deanna Stallings
introduces herself and Jon Arozamena, the Eagle Branch Manager. Distributes general
information on the bank. We want to be a major player in the Eagle Community and we would
like to have the opportunity to be of service to the City.
2. Discussion of scope of work for Citizens Water Committee.
Council Member Nordstrom distributes the recommendations for members of the Citizen Water
Committee and the scope of work for the Committee and discusses the same.
General Council discussion on the scope of work for the committee.
City Attorney McFadden: the Committee needs to be established by Resolution of the Council.
REGULAR COUNCIL AGENDA: 7:30 p.m.
1. CALL TO ORDER: Mayor 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: Barb Jekel, I have concerns about the over crowding of the schools.
Eagle Middle is 350 over capacity. 1 talked to Meridian School District and they don't have any
plans for middle schools. I don't see a big push to change this for our kids. Teachers can't teach
as well with over crowding. A lot of what is leading this is over development. The school
district told me that they send out a letter to the City Council and the developer saying how over
crowded the schools are.
Guerber moves amend the Agenda: add as Item #6H Resolution 06-27 and add as Item #61
Resolution 06-28 and as Item#ll an Executive Session for pending litigation and purchase
of property.
Nordstrom moves to amend the Agenda to add as Item #10B appointment of Jack Zastrow
to the Planning and Zoning Commission.
Motions seconded by Bandy. 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 Council member, 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,
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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 April 25, 2006 special meeting.
C. Minutes of April 25, 2006 meeting.
D. ODen Container Permit for Monev Tree: The Money Tree is requesting an
open container permit to be used at Merrill Park on July 9, 2006 from 6:00 p.m.
to 10:00 p.m. The appropriate fees have been submitted, and the event has
received written approval from Eagle Police. (SKB)
E. Contract with Fireworks & Stal!e FX America: A contract between the City of
Eagle and Fireworks & State FX America for the provision of our 4th of July
Fireworks display. (SKB)
F. DR-25-06 - Modification to the Common Area LandscaDinl! within Corrente
Bello Subdivision - Corrente Bello Estates. LLC: Corrente Bello Estates,
LLC, represented by Matthew Adams with The Land Group, is requesting design
review approval to modifY the central common area within Corrente Bello
Subdivision Phase 2. The modification consists of the installation of two (2)
ponds, gazebo, pathway and a pedestrian bridge. The site is located on the north
side of Floating Feather Road approximately Y2-mile west of Eagle Road on the
west and north sides of Eagle Middle School. (WEv)
G. DR-26-06 - SDecial Portable Sil!n for The Black Pearl- Jamie Harnal!el: The
Black Pearl, represented by Jamie Harnagel, is requesting design review
approval of a special Portable Sign for a retail business, The Black Pearl. The
site is located on the east side of 2nd Street approximately I 25-feet north of East
State Street at 52 2nd Street. (WEv)
H. DR-73-05 MOD - Monument Sil!ns for Corrente Bello Subdivision _
Gemstar DeveloDment: Gemstar Development, represented by Matt Adams
with The Land Group, Inc., is requesting design review approval to modify the
monument signs for Corrente Bello Subdivision. The site is located on the north
side of Floating Feather Road approximately Y2-mile west of Eagle Road. (WEv)
I. Lease al!reement between the City of Eal!le and Eal!le Senior Citizens Inc.:
(SKB)
Bastian removes Item #5C from the Consent Agenda
Guerber removes Item #5B and 5C from the Consent Agenda
B. Minutes of ADril 25. 2006 sDecial meetinl!.
C. Minutes of ADril 25. 2006 meetinl!.
Guerber: I was not at the meetings on April 25, 2006 so I need to abstain from voting on these
minutes.
Bastian: I have some corrections on the minutes of April 25, 2006: Page 4 of 5 motion at the
bottom of the page, Attorney Clarification - the word sustain should be "stay".
Bandy: I have some further corrections on Page 2 of 5 Item #5A Claims Against the City.
Bastian moves instead of Bandy and Bandy: AYE instead of Bastian: AYE.
Bastian moves to approve the minutes of April 25, 2006 special meeting and the minutes of
April 25, 2006. Seconded by Bandy. THREE AYES: ONE ABSTAIN: MOTION
CARRIES........... ...
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Bastian moves to approve the Amended Consent Agenda. Seconded by Guerber. Bastian:
AYE: Guerber: AYE: Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION
CARRIES................. ..
Mayor: I would like to amend the agenda by moving Unfinished Business before
Proclamations and Resolutions.
So moved by Bastian. Seconded by Guerber. ALL AYES: MOTION CARRIES...........
7. UNFINISHED BUSINESS:
A. ODen Container Permit for Eal!le Fun Davs: The Eagle Volunteer Firefighters Association
is requesting an open container permit to be used at Merrill Park on June 10, 2006. They are also
request the waiver of permit fees. Scott Pruett (SKB)
Mayor introduces the issue.
Danny Gutierrez: I am a 5 year volunteer for the Eagle Fire Department. We are here on behalf
of the Volunteer Firefighters to request an open container permit for Eagle Fun Days.
Scott Pruett: I am representing the Eagle Volunteer Firefighters Association and we are
requesting an Open Container Permit for the Rocky Mountain Oyster Feed on June 10,2006.
We have discussed with Chief of Police Dana Borgquist that instead of all you can drink, we
have a 3 drink ticket and any other drinks will need to be purchased. We have 6-8 deputies on
location to help us and in the past we have had zero issues. General discussion.
Guerber moves to approve the Open Container Permit in recognition of the Eagle
Volunteer Firefighters Association and the law enforcement officials to the limitation on
free beverages available at the event. Seconded by Bastian. ALL AYES: MOTION
€:ARRIES............
6. PROCLAMATIONS & RESOLUTIONS:
A. Kid Dav America/International Proclamation: Proclaiming May 20th to be Kid Day
America/International. (NM)
B. Motorcvcle Awareness Proclamation: Proclaiming May 2006 as Motorcycle Awareness
month. (NM)
C. Resolution 06-22: Declaration of surplus property. (SKB)
D. Resolution 06-23: Authorizing the destruction of semi permanent public records. (SKB)
E. Resolution 06-24: Authorizing archiving of public records: (SKB)
F. Resolution 06-25: Authorizing the destruction of transitory public records. (SKB)
G. Resolution 06-26: Authorizing the destruction of temporary public records. (SKB)
H. Resolution 06-27: Declaration of surplus property. (SKB)
I. Resolution 06-28: ClarifYing the emergency declared by Resolution approved on April 6,
2006.
Mayor I would like to suggest that we move the Proclamations and Resolutions to after Item #9.
Mayor reads the title of the Proclamations and Resolutions to see if anyone present is interested
in the Proclamations and Resolutions.
Council Member Bastian asks the City Attorney if the Proclamations and Resolutions can be
approved by one motion.
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City Attorney McFadden: The Proclamations and Resolutions can all be approved by one
motion as long as there not any discussion or opposition.
Bastian moves to approve all of the resolutions: Resolution Nos. 06-22, 06-23, 06-24, 06-25,
06-26,06-27 and 06-28 and Kid Day America/International Proclamation proclaiming May
20th to be Kid Day and Motorcycle Awareness Proclamation proclaiming the month of
May, 2006 as Motorcycle Awareness month. Seconded by Nordstrom. ALL A YES:
MOTION CARRIES........
8. PUBLIC HEARINGS:
A. A-9-051RZ-13-05/CU-12-05/PPUD-13-05/PP-OI-06 - Lel!acv Residential Subdivision &
SDorts Academies- Eal!le Sil!nature Snorts DeveloDment. LLC.: Signature Sports
Development, LLC is requesting annexation of 159.09-acres, a rezone of +/-719-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 and preliminary plat (phase one only)
approvals for the Legacy Planned Unit Development. The entire development consists of 7 I 9-
acres, I ,653-residientiallots, up to 38-acres of commercial, is located approximately 1,850-feet
north of State Highway 44 between Linder Road and State Highway 16. The first phase of the
preliminary plat is comprised of 228.79 acres with 386 lots (344 residential, 41 common, and I
academy lot). (WEv)
Mayor introduces the issue.
Todd Santiago, applicant, this is City Council meeting number five for us. We have worked with
you and the Planning and Zoning Commission and we have a fabulous project for the City. Todd
presents a power point presentation and discusses the same. Provides an overview of the project
for the City Council.
Discussion on some changes to the Amended Staff Report. General discussion on the proposed
changes.
Discussion on the Staff Reports.
Planner Baird Spencer: the documents I will be referring to are the Findings of Fact and
Conclusions of Law and the Development Agreement. There has been a huge amount of
information that has come in with this application and changes. We will need guidance from the
Council in several sections of the Development Agreement. Displays overheads and provides
Council an overview of the project. Discussion on the wells and connecting to the City Water
system, discussion on the open space, discussion on additional density. Discussion on the
mixture of lots in the development. Discussion gated streets. Discussion on height exceptions.
Discussion on transfer density.
Todd Santiago: Discusses the Hormaechea piece of property. General discussion.
Mayor calls a recess at 9:25 p.m.
Mayor reconvenes at 9:30 p.m.
Mayor Opens the Public Hearing
Brent Thompson, 325 E. Shore Drive, I want to speak in support of this project. This is a very
exciting project. Personally transition density makes sense because of the facilities that they are
going to have. It is important that the facilities are going to be built in the first phase. This
brings a lot of prestige to the City.
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Nancy Frost, 2205 E. Chalamar Drive, I am one of the builders in Banbury Meadows and I would
like to address patio homes. People still want to down size but have some room.
Mark Beckman, 3050 N. Floating Feather Road, I have mixed feelings about the project. I still
am not used to the traffic caused by the High School. Discusses accidents involving students
from the High School. Discussion on traffic backing up due to construction.
Barb Jekel, 2862 N. Haven Drive, there was mention that a middle school was going to be built,
does anyone know the name of the school and does anyone know when the school will be built?
The High School and Middle School are over capacity already. What will the cost of lessons be?
This will be increasing the City area by 25%. 10% open space seems small for 4,000 population.
1 have concerns about how many people will be able to use this facility.
Dave Y orgason, Capital Development, just because we withdrew our name from this application
does not believe that we do not support this application. We do support this application.
Bob vanArden, South Post Way, I have attended some Compass meetings, and what I have
come away with is that this doesn't seem to have a lot of substance. What is the process where
by the increases of traffic has impact on our roads, especially Eagle Road? Further discussion.
Al Shoushtarian, 1 I 19 N. Eagle Road, my concern is the infrastructure of the City of Eagle. One
of the biggest issues that we are facing is that we do not have a comprehensive infrastructure
plan. 1 also have concern about the air quality in town.
Mike Hormaechea, I 101 W. River Street, Boise, 1 am in support of this application. We have
been in support of planned communities. This is a very unique opportunity and a big investment.
Jerry Hayes, 1055 Horseshoe Bend Road, discusses concurrency planning. Concurrency
planning is what is needed here. Under this plan developers are required to contribute funding
for building roads and etc.
Todd Santiago, applicant, 1 appreciate the positive and not so positive comments made tonight.
We can not solve all of these problems with this project and we are trying to addresses these
problems as best we can. We are expanding the line for the Eagle Sewer District and we are
putting in the wells for the water system. We are also working with the schools. Open space is
2 I %. Our lot sizes are market driven. We didn't plat the entire development because this is
5-10 year development and we don't want to be tied into lot sizes. This project is about exercise
and athletics. The approximate dues will be $200 a month.
Mayor closes the Public Hearing
Council Member Nordstrom: I would like to see staff put together a document with applicant's
requests and staffs recommendations so we can analysis application. General discussion.
General Council discussion on the application.
Bastian moves to continue A-9-051RZ-13-05/CU-12-05/PPUD-13-05/PP-OI-06 _ Legacy
Residential Subdivision & Sports Academies to the May 23, 2006 City Council meeting
with instructions to staff to come back with a strike-out and underline document.
Seconded by Guerber. ALL AYES: MOTION CARRIES............
Mayor calls a recess at 10:55 p.m.
Mayor reconvenes at 11 :05 p.m.
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9. FINAL PLATS:
A. FPUD-OI-06 & FP-02-06 - Final DeveloDment Plan and Final Plat for Coast To Coast
(a.k.a. Lal!una Pointel Subdivision - Coast 2 Coast. LLC.: Coast 2 Coast, LLC, represented
by Bryan Martin, P.E., with Toothman-Orton Engineering Company is requesting final
development plan and final plat approval for Coast To Coast (a.k.a.Laguna Pointe) Subdivision, a
56-lot (44-buildable, 12-common,) planned residential development. The site is located east of
Eagle Road approximately Y2-mile north of Chin den Boulevard at 2260 S. Eagle Road. (WEv)
Mayor introduces the issue.
Guerber moves to continue FPUD-OI-06 & FP-02-06 - Final Development Plan and Final
Plat for Coast To Coast (a.k.a. Laguna Pointe) Subdivision to the May 16,2006 City
Council Meeting. Seconded by Nordstrom. ALL A YES: MOTION
CARRIES................ ...
10. NEW BUSINESS:
A. Noise ordinance waiver reauest: Eagle Rodeo Inc. is requesting a noise waiver extension to
midnight for June 8, 9, 10,2006, to accommodate the Eagle Fun Days rodeo activities
represented by Tracy Baggerly (SKB)
Mayor introduces the issue.
Nordstrom moves to approve the Noise Ordinance Waiver Request by Eagle Rodeo, Inc. to
midnight of June 8, 9, and 10,2006 to accommodate the Eagle Fun Days rodeo activities.
Seconded by Bastian. ALL AYES: MOTION CARRIES...................
B. ODen container Dermit: Eagle Rodeo Inc. is requesting an open container permit for June 8,
9, and 10, 2006 to be used at rodeo arena behind Rocky Mountain Fitness represented by Tracy
Baggerly. (SKB)
Mayor introduces the issue.
Nordstrom moves to approve the Open Container Permit for Eagle Rodeo, Inc. for June 8,
9, and 10,2006. Seconded by Bastian. ALL A YES: MOTION CARRIES...................
C. Review of draft meetinl! room use Dolicv. (SKB)
Mayor introduces the issue.
General Council discussion.
City Clerk: this is a draft and will be advertised because of the new fees and will come back to
you at a public hearing.
D. ApDointment of Jack Zastrow to the Planninl! and Zoninl! Commission.
Mayor introduces the issue.
General discussion.
Nordstrom moves to appoint Jack Zastrow to the Planning and Zoning Commission.
Seconded by Bastian. ALL A YES: MOTION CARRIES....................
11. Executive Session - I.C. 67-2345(0 Pendinl! or Threatened Litil!ation and I.C. 67-2345c
Acauisition of Private ProDertv.
Mayor introduces the issue
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Bastian moves to go into Executive Session for the discussion of pending or threatened
litigation and acquisition of private property. Seconded by Guerber. Bastian: AYE;
Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION
<:ARRIlCS...............
Council goes into Executive Session at 11 :25 p.m.
Council discusses pending or threatened litigation and acquisition of private property.
Council leaves Executive Session at 1 I :50 p.m.
12. REPORTS:
City Engineer Report: Discusses meeting today on the Brookwood Well. I am sending Mike
Hormaechea a schedule. We should be drilling the well in June so we can have the well on line
by the end of the year. It looks like Mike is on board with this.
City Clerk/Treasurer Report: Podiums for the Council Chambers arrived today and are being
fitted with the equipment and should be installed next week.
Jim Murray has finished with the Value Engineering on Hill Road Park. The City can save
approximately $19,500 with the following modifications: Save $12,500 by installing extruded
curbing instead of poured in place curbs; save $5,000 by eliminating snow cleats in the picnic
shelters and the restrooms. Merrill Park does not have snow cleats in their restrooms or picnic
shelters; save $2,000 by lightening up the steel panels on the roofs from 24 gauge to 26 gauge.
The $19,500 savings can be used to construct some of the frontage area improvements: grade and
prep for sidewalks including 2 drainage swells, sleeves at sidewalk, install sidewalks, install 5' of
gravel along Hill Road for a total of $15,515 and have $3,985 to apply towards landscaping or
other extras.
Bastian moves to accept CSHQA's Value Engineering report in that we save the $19,500
and expend $15,515 for improvements. Seconded by Guerber. Bastian: AYE; Guerber:
AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION CARRIES............
Is everyone fine with the design of the fountain plaza? Council is fine with the fountain plaza
area design.
Have you considered changing the name of Hill Road Park? Classic Design would like to
complete the sign for Hill Road Park. Council would like this to come back to them at another
meeting.
The power for the fountain plaza will come from the Library and will not require tearing up the
parking lot. Is that acceptable to the Council? Council concurs that this is acceptable.
I will be e-mailing you Topics for Discussion on Budget Items that will be on the May 16, 2005
City Council Agenda for your review.
Conference Room Names, do you have a preference? Council would like this to come back to
them with a definite recommendation from staff.
Mayor and Council Reports:
Bandy: 1 really have nothing else to report than what I said earlier about the committees I'm on.
Bastian: Reports on the Library Board meeting. The Library is starting the migration of their
system. The time will come when their categories will be web based. They are remodeling the
building in the Children's Library and putting in a store for the Friends of the Library. The
Library and City Hall will be accepting debit and credit cards for payments through Wells Fargo.
The dish will be coming off from the roof.
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Guerber: Are we going to do anything special for Tom Wilson.
Mayor: Sheri Sharp is going to put together some family dinners and the staff and City will be
doing something.
Guerber: Discussion on ITD and access to the bypass.
Mayor: Discussion on installing fescue grass at the new City Hall. General discussion.
Discussion on the Blue Print for Good Growth. We are trying to get commitments for more
funding and we are trying to have the cities commit to the amount that they paid for the first part
of the study. The City of Eagle's share would be $20,000.00. General discussion. Council
concurs.
Leonard is going to give the Council a demonstration on a computer "notebook" (tablet PC) and
we have asked Leonard to put wireless in the Council Chambers.
Bastian and the Mayor report on the Boise Leadership Conference in Sun Valley.
Mayor reports on the Eagle Island State Park meeting. We are going to meet again on the 25'h.
General discussion on proposed gravel extraction, the bridge over the river and the improvements
to the roads and other ideas for the Park. Discussion on a historic building concept. Discussion
on the hatchery and incorporating it in the park design. Weare not looking at the golf course.
We will hire a design professional to put together a concept plan to present to the Legislature.
We are going to gather all of these ideas and then take it to the public and see what they like and
don't like.
City Attorney Report: No report
12. ADJOURNMENT:
Nordstrom moves to adjourn. Seconded by Guerber. ALL A YES: MOTION
CARRIES...
Hearing no further business, the Council meeting adjourned at 12:30 a.m.
Respectfully submitted: ..................
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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/PP-01-06 Legacy Residential
Subdivision And Sports Academies
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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/PP-01-06 Legacy Residential
Subdivision And Sports Academies
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RECEIVED & FILEC
From: Collett, David [David.Collett@wgint.com] MAY 0 8 2006
Sent: Sunday, May 07, 2006 10:49 PM
To: Nichoel Baird
Subject: 9 May 2006 City Council Meeting -- Comments for Consider-ti&ie:
1 Route to•
Nichoel,
I will be out of town for the upcoming City Council meeting on 9 May 2006, however I do
have the following additional comments to my earlier note that I would like to have
considered for the City Council Meeting:
Legacy Application: It seems strange to me how a request to rezone land from A and RR to
R2 (Residential 2 units per acre maximum) can result in lots with a size as small as
12,000 sf (i.e. 1/4 acre). Also, how can we allow an average of 0.41 acre per residential
lot (i.e. excludes 38 ac specifically called commercial) in an R2 zone. I understand all
the issues with credits for open space and such, but as I understand it the open space is
not for parks and such, it is for other commercial ventures. This does not seem
consistent with the spirit of the zoning nor does it seem consistent with the objective of
Eagle City to maintain its open rural character.... or is this no longer the objective? I
understand the developers desire to extract as much revenue/profit as possible from each
acre of land, but I do not think we need to appease developers and sacrifice the values of
Eagle City if this developer doesn't build this development as planned another one
will with appropriate consideration for open space and open lots (i.e. something larger
than 12,000sf/lot).
My evidence of how visually unappealing this is, can be observed along Floating Feather Rd
in the Brookwood development, where the houses are so close that it seems you could reach
out and touch the next house from a bedroom window is this really what we want?
Brookwood was similar in the amount of open space and yes there are larger lots along the
east adjacent to the flood plain open space, but then the houses are stacked on top of
each other through the rest of the development.
I have reviewed the City Engineer's report, and it does not seem that his recommendations
have survived to P&Z nor been considered in the final plans perhaps the development
agreement with conditions reflect all of the concerns raised by the city engineer. I hope
that this decision is not a foregone conclusion with back door meetings already held. My
vote is yes to development but no to this high impact type of development.
Laguna Pointe Subdivision: I cannot tell the zoning nor lot size distribution from the
note in the City Council agenda, so I cannot comment on the nature of this development,
but I am hopeful it does not exhibit similar properties as the Legacy Development,
especially in a flood plain.
My prime comment with this development is its proximity to the South Channel of the Boise
River. This year so far the flows in the Boise River have been moderate, and yet we have
had difficulties with nearby developments receiving water just a bit too close to their
houses. I do not have the exact location of this development, so I cannot overlay this on
the FEMA floodplain maps, but I am relatively certain that 1/2 mile north of Chinden Rd is
in floodplain territory. I am very happy and willing to help others by filling sandbags
to fight flooding, but at the same time I am also very willing to remind folks that they
knowingly built in a flood plain and the City of Eagle approved the development. Several
years ago (perhaps 7 or 8), there was a nearby house, just south of the south channel on
the east side of Eagle Rd that was protected by a black inflatable dam which ringed the
house you might remember that also. This was when there was much less development in
the area (i.e. less rooftops, blacktop and other impermeable space) and less berms built
up along the river. The berms only constrain the river more and raise the levels more.
As a civil engineer, I offer my warning that we have not seen the worst of flooding in the
Eagle Island region of the Boise River system the flows can easily exceed 10,000 cfs.
The snowpack in the mountains is slightly above normal this year, and the spring
temperatures have remained moderate a bit more snowpack (and wetter snowpack), more
spring rain in the mountains, and higher spring temperatures and you will see the
increased flows and much more flooding that we have seen this spring. We have been sent a
warning this year, and it is highly likely that development has been approved in the past
for areas that should not be built in in fact by definition this has occurred, since
1
we have seen property damage and river encroachment in these new developments this
does not seem like the intended outcome of approved development.
Nonetheless, if the City has already agreed for this development to proceed, the City must
require indemnity from the developer for all future damages (and required
improvements) with the recent legal threat from the other developments west of Eagle
Rd, surely going forward without such indemnity agreements would be questionable at best.
If a land owner complains about the right to build/develop their land, then let the owner
put up the indemnity (backed by bonds or other form of surety) and assure that all
potential home buyers are also notified they are building/owning in the floodplain. The
land functions very well as a horse pasture, and the value of the land is appropriate to
that, but increasing the value of the land by irresponsibly applying the City's
endorsement on the development is not right this artificially adds value where value
does not exist (i.e. the land is irresponsibly upgraded to something more valuable than a
horse pasture).
Let me close my comments by again referring to Brookwood. Brookwood had a similar issue,
and the City required that open space be set aside along the creek because of the risk of
flooding from Dry Creek.... however, we saw this spring that in a moderate runoff year,
Dry Creek expressed its power, and many homes had water right up to their back doors
again a warning. There are stories of homeowners being told that their home was in a
floodplain when they went to initially finance their homes, but once the builder was told
of the problem, the problem went away the next day and the homes were deemed to be out of
the flood plain again by definition and observation this year, it appears indeed
that houses are still built in the Dry Creek floodplain at Brookwood.
One issue I haven't yet raised is whether the area is (or was originally) a wetland area
as exhibited by soil types and plant types and is a Corp of Engineers 404 permit (or
other 400 series permit) required with wetland mitigation.
The last issue I would like to raise, is the concern that developments will be built in
the floodplain, and then the homeowners will demand that the City, County, State, or Corp
of Engineers build improvements along the River (or Dry Creek) which all the taxpayers
will have to pay for of course this will occur after extreme runoff events after the
developer has cashed his/her check and extracted the revenue/profits and is long gone. I
can very easily see demands for channelizing (concrete channel) Dry Creek and building
true engineered levies (not the lightweight ones that have failed this year) along the
Boise River adjacent to development. What this amounts to is the Developers putting money
in their pockets from the general taxpayers i.e. the land didn't have value without
tax funded improvements. I hope the City has the foresight to see this potential
occurrence and protect the City and its citizens from such injustice.
The City of Eagle does not need to compromise doing the right thing to encourage
development the right developers will come and they will still build and the City
will still growI encourage the City Council to consider the issues I have raised, and
hopefully learn from what we have done in the past.
Regards,
David Collett, P.E.
927 E. Valli Hi Lane
Eagle, ID 83616
From: Nichoel Baird [mailto:nbaird@cityofeagle.org]
Sent: Thu 13 -Apr -06 11:17
To: Collett, David
Subject: RE: Legacy Application
Dave, the P&Z recommended approval 4 to 0. The findings will be adopted next Monday and
they will give you all the conditions they are quite numerous.
Nichoel R. Baird Spencer, MCRP, AICP
2
Planner III
City of Eagle
(208) 939-0227
(208)938-3854 (fax)
Original Message
From: Collett, David [mailto:David.Collett@wgint.com]
Sent: Tuesday, April 11, 2006 10:09 PM
To: Nichoel Baird
Subject: RE: Legacy Application
Nichoel,
What was the result of the P&Z hearing? Were the issues of lot size I raise considered?
Did the P&Z recommend approval of the application as is?
Thanks,
Dave
Original Message
From: Nichoel Baird [mailto:nbaird@cityofeagle.org]
Sent: Tuesday, April 11, 2006 11:59 AM
To: Collett, David
Subject: RE: Legacy Application
Dave,
I received your comments concerning Legacy and would like to let you know that the hearing
process is not complete actually the City Council will not hear the application until the
9th of May. I will include your e-mail, and any formal comments you may wish to submit,
into the council packet. The Deadline for that packet is April 28th. If you would like
to review the file or discuss this application further please feel free to contact me at
939-0227.
Nichoel R. Baird Spencer, MCRP, AICP
Planner III
City of Eagle
Original Message
From: Collett, David [mailto:David.Collett@wgint.com]
Sent: Monday, April 10, 2006 10:28 PM
To: eaglecity
Subject: Legacy Application
To Mayor Nancy Merrill
Nancy,
I only recently became aware of the public hearing on the Legacy development between
Linder and SH16.... unfortunately this was after the
3 April 2006 date. I know my comments aren't formal and aren't part of the record, but I
do have some concern.
I am a little reticent to get involved in development concerns, as I experienced my own
frustrations in helping Chuck Palmer & Garth Wilde get their property through the
approval, and ultimately the court/legal process. However, I convinced myself that I need
to be part of the public process for my City.
I have read the agency letters and the 43 page staff report and I do have 4 concerns that
I would like to air:
1. The amount of residential development appears to exceed the guideline of 2 units per
3
acre. The calculation seems to be based upon the total 719 acre total (although the staff
report does recommend some 30 lot reduction based upon the higher commercial area).
However, it seems that some of the common areas are in reality commercial areas and a fee
will be charged for use, such as the core academy (16.5 ac), which to me seems like the
total acreage should be reduced not just by 38 acres of stated commercial area, but by the
remaining commercial venture area to produce the net 2 units per residential & open space
area. I guess this drives at my core concern and recent observations about the density
which is eroding the open feel of Eagle, which is a stated objective of the City.
2. The developer seems to be gaining bonus density by providing open space, but then
proposes less than the minimum code stated lot size for
R2 development although the advantage of this is espoused as diversity in housing
types, the net effect is a very dense development in the housing areas and although there
may be large open areas (community open, golf practice, & core academy), you will be very
obstructed with the view by the dense areas where the houses are built.
Wouldn't it be appropriate to require that at least the average lot size complies with our
City code specified minimum lot size of 17,000 sf for R2. Why would we issue a variance
to City Code on this?
3. Irrigation water - are we sure there is enough water from the agricultural water
rights to water the open areas and landscape areas of the residential areas.... grass is
generally more demanding than many of our agricultural crops.
4. Transportation - What will happen to traffic on State Street & Floating Feather and
the other affected arterials.... how do trip times increase? I know this comment is a
more general comment, as the development in our City is gradually eroding some of what
folks became attracted to our area for in the first place.
My first 2 comments are obviously the ones of most concern, especially since we appear to
be considering issue of variances to standard City codes. Some of my concerns are
supported by the latest City Engineer letter report, which doesn't seem to be fully
addressed by the Staff Report.
Has the decision now been made on this development and my input is too late to be
considered? If it is not too late, I will re -state my concerns in an official letter.
Thanks,
Dave Collett
208 939 1143
927 E. Valli Hi Lane
Eagle, ID
4
re 5.-9-)b
Citizen Water Committee
Recommendations
Phil
Barry Burnell — a city of Eagle resident and Administrator of the Idaho
Department of Environmental Quality Water Quality Division.
Mike McGowan — an Ada County resident living just north of Eagle on Valley Hi
road just west of Eagle Rd; Mike is the Idaho Department of Environmental
Quality Southwest Idaho Regional Office Administrator.
Lynne Sedlacek — Eagle Sewer District
Jay Friday — Farmer's Union Canal
Scott
Joe King - He's, a retired DEQ guy, who also worked with IDWR. He's on the
Dry Creek Irrigation board, and also manages (volunteer) for the Redwood
Creek irrigation system. He's a practical guy, a good thinker, knowledgeable
about local water issues
Stan
We need someone from the North Foothill Home Owners group. Dell Bunce, my
Democrat opponent in the legislative race last year may be interested. He
attended one of our meetings when we were discussing the wells that SunCor
had made application on. The mayor may want to give him a call.
Citizen Interest
David Head, 939-9900 or 866-2418, Water Resource Chairman with North Ada
County Foothills Assoc. — sent letter of interest to serve on the Water Committee
Citizen Water Committee
Scope of Work
Mick McCurry
I believe that the best use of this committee would be to research the impact of
large developments on the overall quality and service of the existing water
system. The committee could make their report to the council with
recommendations as to how best to undertake such developments.
Lynne . — this entire section is from Lynne
Purpose: To review water related matters and make recommendations to the city
Facilities Manager/ Planning and Zoning Commission/Eagle City Council. Examples
could include: the City's ability to serve new development, rate review, expenditure
oversight and recommendations on capital repair and replacement projects.
Original Scope of Oversight: Should be limited to the City of Eagle's municipal water
system. The committee may eventually evolve into a Public Works Commission with
oversight to include city relations with local irrigation, drainage, flood and sewer entities.
Committee Membership: The original committee could be put together informally with
no official terms of service or officers. This fledgling committee would exist to make
recommendations on specific issues facing the city.
If the committee works out well --and especially if it evolves into a Public Works
Commission—the Commission members should be officially appointed by the
Mayor/Council and serve alternating terms (two year??) similar to Eagle's P&Z or
Design Review Boards. This commission would only serve as a recommending body and
would not hold public hearings. Officers should be elected within the sitting
commission, hold regularly scheduled meetings (that would be open to the public) and
minutes kept.
To consider:
Is participation limited to only those citizens actually served by the system, or should the
committee be open to other citizens that may have some experience with public water
systems?
Message
Sharon Bergmann
cc- 5_"a!
Page 1 of 1
From: Susan E. Buxton [SEB@msbtlaw.com]
Sent: Friday, May 05, 2006 2:56 PM
To: Bill Vaughan; Mike Mongelli; 'mark@landconsultants.net'; Steve Guerber (sguerber@ishs.state.id.us); Nancy Merrill;
Phillip Bandy; S Nordstrom; Sharon Bergmann; S Bastian; Stan Bastian (stanbastian@cableone.net)
Subject: Postpone consideration of Laguana Point Final Plat to May 16th.
I have spoken with the Mayor, Mark Butler and the applicants and we agreed to postpone the final plat consideration from May 9th
to May 16th so Mike Mongelli can meet with Mark and his clients to go over some base flood elevation information. I request the
council continue this item to May 16th as the review will not take much time and one week delay is all the applicant can give.
Thanks! Susan
Suou?' E 5L4t Oni
Moore Smith Buxton & Turcke, Chartered
225 North 9th Street, Suite 420
Boise, Idaho 83702
Phone: 208/331-1800
Fax: 208/331-1202
sebemsbtlaw.com
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5/8/2006
April 28, 2006
Sharon Bergmann, City Clerk
City of Eagle
310 E. State Street
Eagle, ID 83616
RE: Permit Approval for Eagle Fire Department
Dear Sharon,
I have reviewed site plans for the following individual(s):
Person/Group: Eagle Fire Department
Event Date: July 10, 2006
Event Time: 3:00 P.M. to 11:00 P.M.
Event Location: 966 E. Iron Eagle, Eagle, Idaho
Gary Raney, Sheriff
RECEIVED & FILED
CITY OF EAGLE
MAY 0 4 2006
Route t».
In accordance with Eagle City policy, 1 have reviewed the site plans and find no objection
with any of the applicants provided there is a barrier fence designating the drinking area,
and the use of wrist bands will be used to limit alcohol intake to three (3) beverages. If
participants wish to purchase additional beverages they may do so independently.
Thank vou.
30-2,744
Dana Borgquist, Chief
City of Eagle Police
7200 BARRISTER DRIVE • BOISE, IDAHO 83704-9217
TEE: 208-577-3000 • FAX: 208-577-3009 • WEBSITE: WWW.ADASIIERIII.ORG