Minutes - 2006 - City Council - 05/23/2006 - Regular
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EAGLE CITY COUNCIL
Minutes
May 23, 2006
PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m.
I. Terry Little with Ada County Highway District will discuss the proposed pedestrian signal at
Stierman and State Street. We are very happy to accept a partnership with the City on this
project. Shows Council a video on flashers in the pavement and overhead flasher lights. We feel
that the overheads are more affective. General discussion.
Council concurs to have the flashers in the pavement installed. The cost will be approximately
$25,000.00.
Discussion on having one installed for a crossing at the Senior Center.
Mayor: Council has asked to have a discussion on the Lacrosse fields at Jeff Smith's property.
Zoning Administrator Vaughan: Provides Council an overview of the history of the use of the
property. The latest complaints came as a result of a lacrosse event that used a P.A. System and
the porta-potties. If the property owner pursues a conditional use permit it will require
significant changes and requirements.
Stan Swanson, I am the coach and this is club team from the school. This came about because
Mr. Smith has a son who plays lacrosse. What happened last Saturday is that the parents put on a
graduation party for both the girls and boys teams. They had a barbeque and played music. ('m
sure that if someone would have come over the music would have been turned down. This year
we did not have any games on this property. This is a spring sport that starts in March. There
are about 35 boys that practice on this property. We built the field because fields are in short
supply at the high school. There is back field area behind where people park. At the graduation
event there was probably 90-100 cars parked. There were probably about 150 people at the
party .
General discussion.
Council discusses that if the use of the property is just for practice and is not open to the public a
conditional use permit would not be required.
The City will provide Mr. Swanson information about a Conditional Use Permit.
Discussion on what would be required under a Conditional Use Permit. Council concurs to
pursue a Conditional Use on the Property.
2. Mayor and Council's Report:
Bandy: Reports on the Economic Development Council.
There is an Air Quality Meeting tomorrow which I will attend.
Bastian: No report
Guerber: I meet with Tim Breuer who is with the Idaho Land Trust and his organization works
with identification of open spaces in the Treasure Valley. He has agreed to work on bringing all
of the parties together in regards to the development of the foothills. General discussion.
Nordstrom: No report
3. City Attorney Report: We worked with the Historic Commission on the agreement with Mr.
Hart which is on the agenda tonight.
You have a copy of the filing that we did in the Judicial Review with Mr. Huffaker.
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I've been meeting with several developers in regards to annexation.
1 would request that you add an Executive Session for the discussion of pending and threatened
litigation and acquisition of private property.
4. Zoning Administrator's Report: No report
5. City Clerk's Report: We now have furniture in the middle conference room.
United Water offers auto-pay for their customers and would like to know if the City of Eagle
would like to offer the auto-pay to our customers. There would not be a set up change because
the system is already in place. General discussion. Council concurs to offer the auto-pay to the
City customers.
Sometime ago when the Art Commission was created the Council established some guidelines in
regards to grants. One sentence on the grant information states "The commission will
recommend grant awards to the City Council, and the City Council will make the final decision
on which programs are to be funded." The Arts Commission would like clarification from the
Council if they want the grant applications to come before the Council for a final decision. A
certain amount of the Arts Commission annual budget is set aside for grants. General discussion.
Council concurs that the grant applications should come before the Council for a final decision.
The applications can be put on the Consent Agenda the same as DR findings and open container
permits.
Discussion has come up in regards to the hardwood floor in the senior center. Would the
Council consider replacing the hardwood floor with VCT tile that will be going into the
expanded area? 1 do not have any figures as to the cost. Also, would the City be willing to help
pay for the replacement costs. General discussion.
Councilmember Guerber: the hardwood floor came from a school gym in Burley and was
obtained for not very much cost. There is the possibility that the hardwood floor could be sold to
help with the replacement costs.
Council concurs to explore replacing the hardwood floor. Councilmember Nordstrom will assist
Chester in discussion with the Board.
City Attorney Buxton introduces her intern for the summer, Amber Jarmillo.
Mayor: Discusses the meeting with Tim Breuer with the Idaho Land Trust and other entities in
regards to the foothills. General discussion.
Tomorrow I meet at the State Park with the Legislators and the Committee Members. We will
have a survey that will go out to find out what people would like to see in the Park.
6. City Engineer Report: No report
REGULAR COUNCIL AGENDA: 7:30 p.m.
1. CALL TO ORDER: Mayor calls the meeting to order at 7:45 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
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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. DR-18-06 - Sinl!le- Tenant Office Buildinl! within Windiu Creek
Subdivision - David Aspitarte: David Aspitarte, represented by James Gipson,
is requesting design review approval to construct a 2,894-square foot single-
tenant office building. The site is located on the south side of East Winding
Creek Drive within Winding Creek Subdivision (Lot 6, Block 2) at 1045 East
Winding Creek Drive. (WEV)
C. DR-19-06 - Two Buildinl! Wall Sil!ns for Bionomics - David Aspitarte:
David Aspitarte, represented by James Gipson, is requesting design review
approval to construct two building wall signs for Bionomics. The site is located
on the south side of East Winding Creek Drive within Winding Creek
Subdivision (Lot 6, Block 2) at 1045 East Winding Creek Drive. (WEV)
D. DR-24-06 - Multi-tenant Office Buildinl! within Great Sky Subdivision No.7
- Barclav Construction LLC: Barclay Construction is requesting design
review approval to construct a 2,854-square foot multi-tenant office building.
The site is located approximately 160-feet south of Hill Road and 80-feet west of
South Wooddale Avenue within Great Sky Subdivision No.7 (Lot 23, Block I],
Great Sky Subdivision No.7) at 225 South Wooddale Avenue. (WEV)
E. Open Container Permit: Carmela Vineyards is requesting an open container
permit to be used on May 25, 2006 and June 29, 2006 from 5:00 p.m. - 9:00
p.m., at Rembrant's Coffee Shop. (SKB)
Bastian moves to approve the Consent Agenda. Seconded by Guerber. Bastian: AYE;
Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION CARRIES.........
Bastian moves to amend the agenda to add two items: lOA. Book Services Agreement Eagle
History with Arthur Hart and lOB. Executive Session for the discussion of pending and
threatened litigation and acquisition of private property. Seconded by Bandy. ALL
AYES: MOTION CARRIES.....................
6. PROCLAMATIONS & RESOLUTIONS:
A. Resolution 06-30: Declaration of surplus property. (SKB)
Mayor introduces the issue.
Bandy moves to approve Resolution 06-30: Declaration of surplus property, a desk chair
and 2 computer trays. Seconded by Guerber. ALL AYES: MOTION
CARRIES.............. ...
7. FINAL PLATS: None
8. UNFINISHED BUSINESS:
A. A-9-0S/RZ-13-0S/CU-12-0S/PPUD-13-0S/PP-OI-06 - Lel!acv Residential Subdivision &
Sports Academies- Eal!le Sil!nature Sports Development. LLC.: Signature Sports
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Development, LLC is requesting annexation of 159.09-acres, a rezone of +/-7 I 9-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 719-
acres, I ,653-residientiallots, up to 38-acres of commercial, is located approximately] ,850-feet
north of State Highway 44 between Linder Road and State Highway 16. The first phase of the
preliminary plat is comprised of228.79 acres with 386 lots (344 residential, 41 common, and I
academy lot). This item was continuedfrom the May 9,2006 meeting. (WEV)
Mayor introduces the issue.
Planner Nichole Baird Spencer: This item was originally heard on May 9th, you did hold public
testimony and closed the public hearing at that point. In your deliberation you asked staff to
prepare some documents for you.
Before I get into those documents I have received a letter from Bud Roundtree requesting that the
hearing be continued until after June 18th and allow for public testimony to be reopened to
discuss provisions of the Development Agreement and the make up of the development without
the golf course.
City Attorney: I don't believe from a legal perspective or a notice perspective that we would
have to extend the period of time and to provide additional time for public testimony as you have
already done so.
General discussion.
Planner Nichole Baird Spencer: Staff has prepared several documents for you. Discussion on
ACHD's response to the application. This will go to their commission on June 7, 2006.
You have the proposed Development Agreement and a draft Findings of Fact and Conclusions of
Law. When you make changes to the Development Agreement it will also change the Findings
of Fact and Conclusions of Law.
Discussion on the terms of the Development Agreement.
Todd Santiago, 1639 S. River Grove Way, applicant, discusses the terms of the Development
Agreement. General discussion.
General Council discussion.
Bastian moves to approve A-9-05/RZ-13-05/CU-12-05/PPUD-13-05/PP-OI-06 - Lel!acv
Planned Unit Development known as the Eal!le Sports Lel!ends with the following changes
to the Development Agreement: Page 5 - 3.4.1.6: that in the second sentence the word
"shall" be stricken and substitute the word "should"; Page 6 - the wording at 3.4.2.10 be as
stated except after the words open space and the remainder shall be passive open space
with a 40% stricken; 3.4.5.2.3: I would ask that the City Attorney provide language that
would enable us to phase construction. City Attorney: Basically we would have a
construction schedule every time a phase is brought in with the Preliminary Plat. Bastian:
So the academy core facilities shall commence with the first final plat for the overall
development and the construction of the core facilities commences on signing ofthe first
final plat and then subsequent construction will be scheduled with the introduction of
additional preliminary plats; Page 13 - 3.13: that the words in the next to the last line shall
not exceed 18% of the total amount of land developed etc. Seconded by Guerber.
Discussion.
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City Attorney: The applicant has concerns that some of the percentage numbers may not
be correct with regard to several of the percentage numbers. I recommend that you allow
staff and applicant to take a look and make sure that the numbers are correct with regard
to the acreages and open space in certain areas and the numbers and percentages, that they
are correct and if there are any material changes that it be brought back before you. If no
material changes we will go ahead and prepare it for the Mayor's signature.
Bastian: I would like to include in my motion an additional condition for this Development
Agreement: that the staff and the developer review the Development Agreement and
correct any grammatical or technical language errors and any calculations in regards to
this agreement and if there are no errors the agreement will be signed by the Mayor, if
there are errors that staff and two members of Council will accept the changes. Seconded
concurs. Discussion.
Nordstrom: I would like to see you withdraw your motion and remand it back to staff for
an update of what we have done tonight and I would like the applicant an opportunity to
discuss the overall open space calculations if they can give a better description. General
discussion.
Bastian withdraws the motion. Discussion. Seconded concurs.
General discussion.
Bastian asks the applicant if they have a concern about the direction the Council is going.
Todd Santiago, applicant, we are willing to accept where we are right now. The 10%
density bonus and not 15% density bonus and the 10% community open space, this can be
discussed week after week which we have done, we are willing to do it and I think we would
like to get started and we are willing to make those concessions and move forward. My
request to legal counsel was that we just get together and make sure those numbers add up
and if they don't for some reason it comes back before you. Let's go. The Preliminary Plat
process for all three remaining parcels will give ample opportunity to discuss open space
use and everything else.
Bastian: I would like to resubmit my motion as stated. Seconded by Guerber. Bastian:
AYE; Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION
CARRIES.............
Mayor calls a recess at 9:40 p.m.
Mayor reconvenes at 9:55 p.m.
Council Member Bastian leaves the meeting at 9:40 p.m.
9. PUBLIC HEARINGS:
A. A-IS-OS & RZ-22-0S - Annexation and Rezone from RUT to R-E - Cindv Shane: Cindy
Shane, represented by Sabrina Whitehead with Briggs Engineering, Inc., is requesting annexation
and rezone from RUT (Rural Urban Transition) to R-E (Residential Estates). The IS.9S-acre site
is located on the south side of West Beacon Light Road approximately V,-mile east of Ballantyne
Lane and 1101 West Beacon Light Road. (WEV)
B. PP-lS-OS - Lil!hthouse Subdivision - Cindy Shane: Cindy Shane, represented by Sabrina
Whitehead with Briggs Engineering, Inc., is requesting preliminary plat approval for Lighthouse
Subdivision. The IS.93-acre, 11 lot (9 buildable, 2 common) subdivision is located on the south
side of West Beacon Light Road approximately V,-mile east of Ballantyne Lane at I 101 West
Beacon Light Road. (WEV)
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Mayor introduces the issue. We will hear Items #9A and B at the same time but separate motions
will be made.
Sabrina Whitehead, representing the applicants, provides the Council with an overview of the
projects. We agree with conditions of approval. Discussion on the Fire Department response.
Paul Hunter, 1605 N. 13th, Boise, Office Manager for Millennium Science and Engineering and
we were hired by Briggs Engineering to do a neutreon pathogen study for the proposed
development. Lists his qualifications. We performed a Level One MP study on the project.
Excavated a series of test pits, reviewed area well logs, collected ground water quality data from
wells that had been sampled in the area, reviewed other studies conducted in the area. We took
this information and compiled it into a report. Our analysis indicated that if used advanced
treatment units for each of the lots that would reduce the nitrate concentration by over 60%.
That density would not adversely affect ground water quality in the area. The report was
submitted to Central District Health Department and DEQ, was reviewed by their technical
experts and approved in a letter dated January 3, 2006. General discussion.
Zoning Administrator Vaughan: Displays overheads and provides Council an overview of the
project. Planning and Zoning Commission and staff have recommended approval of the
subdivision with the understanding that some consideration and concern needs to be taken care of
with the Fire Departments concern and the need to deal with central water in the area. The main
discussion tonight is the central water issue and the Fire Department letter. General discussion.
Council Member Guerber: I need to recuse myself as I am a Commissioner with the Fire
Department.
Further discussion.
Mayor opens the Public Hearing
Kurt MacClenny, Fire Marshall for the Eagle Fire Protection District, there is currently water on
Ballantyne in United Water's District and on Eagle Road in Eagle Water Company's District.
Discussion on the water issue. Water services are growth driven. The Eagle Fire Department
adopts the International Fire Code. I have been enforcing this code throughout the fire district.
Reads excerpts from the Code into the record. Water in these subdivision is not just for the their
use but is also for the Fire Department's use. It all comes down to dollars, there is water on both
sides. Discussion on LIDs.
City Attorney discusses the procedures for establishing an LID. General discussion.
Further discussion on the water issues including fire flow.
Discussion on the cul-de-sac length.
City Engineer, Vern Brewer, Holladay Engineering, this site is in the United Water Certification
area. Eagle Water also has a line in the area. The City has planned for a main line to run down
Ballantyne which is in Phase 5 of the Water Master Plan. We do not have ability to serve from
the City at this time. General discussion.
Mayor swears in Annette Reed.
Annette Reed, 2645 Ustick Road, Meridian, I am a concerned citizen watching some of the issue
going on. We are addressing the fire issues in the best as possible. I would ask that you approve
this and not put the burden on the developer. I'm very upset with the Fire Department. These
are things that should have been thought about long ago.
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Al Thomsen, 1386 Nova Lane, Meridian, I am for this development and I feel very distraught
over the Fire Department bringing this up. This is the last development. They should have
drawn the line before it got to this point.
Zoning Administrator: discusses the water issues. What is different from other applications is
the type of road that is serving this subdivision and the cul-de-sac length. The City has adopted
the International Fire Code. This is slightly different than with Pony and Tangelrose.
City Attorney Buxton: discusses the City liability on health and safety type of requirements and
ordinances. General you always want to follow your ordinances. These are all case by case and
do not set precedents. I believe that there is no liability and there should not be any liability. In
our conditions of approval we should also have a letter from this applicant that the applicant is
assuming the risk and that they will provide notice to anyone purchasing these properties that
there is not central water so there is no central way for there to be fire protection and those things
and that the fire response or fire risk is higher.
Mayor swears in Todd Hill
Todd Hill, 82 E. State Street, Eagle, I think the way to mitigate this is to put information in the
CC&R's about sprinkling the residences and the water issues. There are just nine lots which are
2 acres lots. It is impossible to develop this and bring water in. Discussion on bringing in dry
lines.
Sabrina Whitehead, Briggs Engineering, representing the applicant, we are fully aware of the
Fire Departments concern for safety, however we disagree who is responsible for safety. We
will comply with sprinkler system in individual buildings. Our subdivision is in full compliance
with comp plan. Discussion on the cul-de-sac. I spoke to the Fire Marshall and he stated that the
length of the cul-de-sac was not an issue. General discussion.
General discussion.
Mayor closes the Public Hearing
General discussion.
Mayor reopens the Public Hearing
Todd Hill, I talked to the City Engineer, Vern Brewer, and we could dry line this and we could
put language in the CC&Rs.
General discussion.
Mayor closes the Public Hearing
Nordstrom moves to remand back to staff for some language on how to include by way of
Development Agreement or whatever choices we need to use as a vehicle to incorporate
that dry lines are installed with this development and that some kind of mechanism that
requires this development to tie onto central water and central sewer at some point in the
future when it is available to them. Seconded by Bandy. ALL AYES: MOTION
<:ARRIIG1S.........
10. NEW BUSINESS:
A. Book Services Al!reement Eal!le Historv with Arthur A. Hart:
Mayor introduces the issue
Council Member Guerber: The Historical Commission has asked Mr. Hart to write a book on the
history of Eagle. The funding would come out of the Commission's budget. General discussion.
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Bandy moves to approve the Book Services Agreement with Arthur A. Hart for the writing
of the history of Eagle in the amount of $5,000.00. Seconded by Guerber. Guerber: AYE;
Nordstrom: AYE; BANDY: AYE: ALL AYES: MOTION CARRIES..................
B. Executive Session: "C. 67-2345(0 Pendinl! or Threatened Litil!ation and 67-
2345(c) Acauisition of Private Property.
Mayor introduces the issue.
Guerber moves to go into Executive Session for the discussion of pending or
threatened litigation and acquisition of private property. Seconded by Bandy.
Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION
c=ARRIES.................
Council goes into Executive Session at 11: 15 p.m.
Council discusses pending and threatened litigation and acquisition of private property.
Council leaves Executive Session at 11 :45 p.m.
Nordstrom moves to authorize the City Attorney to file comments to the PUC with
regard to United Waters request to expand their service area into the Trailwood
Creek Area. Seconded by Guerber. ALL AYES: MOTION CARRIES.............
11. ADJOURNMENT:
Guerber moves to adjourn. Seconded by Bandy. ALL AYE: MOTION
CARRIES...
Hearing no further business, the Council meeting adjourned at 11 :48 p.m.
Respectfully submitted:
aUA-<< ~ ~~
'-SHARON K. BERGMANN
CITY CLERK/TREASURER
APPROVED:
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NAME
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP SHEET
Subject-PP-15-05 - Lil!hthouse Subdivision
Mav 23. 2006 7:30 p.m.
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EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP SHEET
Subject-A-15-05 & RZ-22-05-Annexation & Rezone from RUT to R-E
Mav 23. 2006 7:30 D.m.
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TELEPHONE PRO/CON
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