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Minutes - 2007 - City Council - 07/10/2007 - Regular v EAGLE CITY COUNCIL Minutes July 10,2007 PRE-COUNCIL AGENDA: 6:30 D.m, - 7:30 o.m. 1. Jim Birdsall will present information regarding the closing of the Mercy Housing grant project. Jim did not attend the meeting. 2. City Clerk/Treasurer Report: July 30lh is the 5'" Monday do you want to schedule another budget meeting? Mayor and Stan will be out of town. Discussion on the LID and Utility Billing Case lie software. I would like to move forward with the LID software so we can work in conjunction with Holladay Engineering on the property owners and property descriptions. The utility billing software can be out of next fiscal year's budget. 3. City Engineer Report: Vern Brewer: Discussion on the construction of the water storage tank and the DEQ budget. 4. Gibbons, Scott & Dean LLP.: Jo Bolen will present the audit report for fiscal year 2005-2006. Jo Bolen: The audit went very smooth. The thing that took a long time was the fixed assets. There were a lot of additions and deletions because of your move into the new City Hall. Discusses working capital in the funds. The Water Fund is looking a little bit better but there are still a lot of expenses that are not normal operating expenses. There was a net loss this year. General discussion. 5. Mayor and Council's Report: Guerber: Discussion on consolidation of the Eagle Fire District and Star Fire District. There are enough concerns in Star that they do not want to move forward with the consolidation. General discussion. Bastian: I missed the Library Board meeting last night. Discussion on on-line Library services. Bandy: Reports on the Chamber of Commerce Board meeting. There is a group that is planning an Eagle Food and Fine Festival in September and would be held downtown between 1st and 2'1<' Street. Discussion on an open container permit for the event. There will be a black tie event the Friday before as a fund raiser for charities. Discussion on community economic development. Discussion on expanding the Chamber of Commerce area at the Museum building. They will need additional space in the future. Mayor: I had a meeting today with the Historic Commission on their budget. They have put into their budget funds for leasing a space and they are looking at the King's Building. They also want to approach a private landowner to purchase their home and relocate the Museum and have room for the Chamber of Commerce Offices. The Commission would like to pursue these options in the next fiscal year. General discussion. I met with Commissioner Paul Woods to discuss the two foothills plans and how to move the two plans forward. The County feels their plan is a basic plan and is a stepping stone as the City of Eagle's plan is more extensive. The County is working on an open space plan. Discussion on both cities working together on an open space plan. We are going to meet again on July 20th. Discussion on forming ajoint Planning and Zoning Commission with the County in regards to the Impact Area. Page 1 K\COL'NCILIMINUTES\Temporary Minutes Work Area'{'(' -7-IO-07min,doc I contacted Keith Allred and thought of a plan and contacted Meridian and Boise about having a meeting with all of the cities to meet. Keith has agreed to do that with us. We don't have a price from him yet but the cost will be shared by all of the cities. It is time for the cities to talk and resolve the issues. The Blue Print for Good Growth is Thursday at 1 :30 p.m. and I won't be able to attend. Phil or Stan will attend. Stan and I were in Salt Lake yesterday for the Compass tour for transit. We came home with a lot of ideas in regards to transit. General discussion. The Saturday Market wants to expand to Heritage Park. I have discouraged the idea. Discussion on the letter the City received in regards to the City of Eagle and Star working together on the YMCA. Discussion on the site for the YMCA. Mayor: Discussion on the procedure for the Budget Hearing. Theresa will be putting together a binder for each of you and we will allow time for the Department Head presentations and a time for Council discussion. General discussion. 6. City Attorney's Report: We have been busy with foothills and the comp plan. The recommendation from the Planning and Zoning Commission in regards to M3 will be coming to you in two-three weeks. We have been working on water issues. 7. Public Works Director: No report 8. Zoning Administrator's Report: Moved to the end of the Agenda Mayor calls a recess at 7:25 p.m. REGULAR COUNCIL AGENDA: 7:30 p.m. ]. CALL TO ORDER: Mayor Merrill calls the meeting to order at 7:35 p.m. 2. ROLL CALL: BASTIAN, GUERBER, NORDSTROM, BANDY. Nordstrom is absent. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Paul Grimsted leads the 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 City Council. · 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 Al!:ainst the City. B. findinl!:s of Fact and Conclusions of Law for CU-04-07 - Conditional Use Permit for Seven Mobile Offices (Portable Classrooms) for ArtsWest Fine Arts School- Ken and Marv Cenell: ArtsWest Fine Arts School, represented by Ken and Mary Cenell, is requesting conditional use approval to install six Page 2 K:\COUNClL\MINUTES\Temporary Minutes Work Area\CC-7-1 0-07mindoc portable classrooms and one portable bathroom unit totaling 4,400 square feet. The 6.08-acre site is located on the south side of Flint Drive approximately ] ,500-feet east of Park Lane at 34 I 5 Flint Drive. (WEV) C. Findinl!:s of Fact and Conclusions of Law for A-OI-07/RZ-OI-07 & PP-OI-07 - Annexation and Rezone from RUT to R-2-DA and Preliminarv Plat for Dwavne Linl!:eI Subdivision (aka Adonai Subdivision) - Dwavne Linl!:el: Dwayne Lingel is requesting annexation and rezone from RUT (Rural Urban Transition - Ada County designation) to R-2-DA (Residential, up to two units per acre with development agreement) and preliminary plat approval for Adonai Subdivision. The proposed 5.70 acre residential subdivision will consist of 12 lots (8 - buildable, 4 - common). The site is located on the east side of Park Lane Road approximately] ,200-feet south of Beacon Light Road at 2440 North Park Lane. (WEV) D. Findinl!:s of Fact and Conclusions of Law for A-OS-07/RZ-06-07 & PP-08-07 - Annexation and Rezone from RUT to R-2-DA and PreIiminarv Plat for Lockev Subdivision - Lakeside Develooment GrouD, LLC: Lakeside Development Group, LLC, represented by Jake Merrill, is requesting approval of an annexation and rezone from RUT (Rural-Urban Transition-Ada County designation) to R-2-DA (Residential up to two units per acre maximum with a development agreement), and preliminary plat approval for Lockey Subdivision, a 36-lot (33 buildable, 3 common) residential development. The 20.47-acre site is located on the south side of W. Beacon Light Road approximately 650 feet east of Park Lane at 3633 W. Beacon Light Road. (WEV) E. Findinl!:s of Fact and Conclusions of Law for A-06-07/RZ-08-07 & PP-IO-07 - Annexation and Rezone from RUT to R-2-DA and Preliminarv Plat for Tabasco Trail Estates Subdivision - TNT Holdinl!: and Lvnn Proctor: TNT Holding and Lynn Proctor, represented by Trent Simpson, Todd Wilson and Lynn Proctor are requesting annexation and rezone from RUT (Rural Urban Transition Ada County designation) to R-2-DA (Residential up to I. I units per acre maximum with a development agreement), and preliminary plat approval for Tabasco Trail Estates Subdivision, a 14-lot (1 I-new residential, 2-existing, 1- common) development. The] 1.80 acre site is located on the east side of Park Lane approximately Y4-mile south of Beacon Light Road at 3664 & 3665 Tabasco Trail Lane. (WEV) F. Findinl!:s of Fact and Conclusions of Law for RZ-OS-02 MOD - DeveloDment Al!:reement Modification (Lakemoor Develooment) - DMB Investments, LLC and Eal!:le Lifestyle Center, LLC: The applicants are requesting modifications to the development agreement associated with the MU-DA (Mixed Use with development agreement) zoning of the property. The I 78.5-acre, 240- lot (142-residential, 53-commercial, 45-common) development is located on the east side ofS. Eagle Road approximately one-half mile north of Chin den Boulevard. G. Re-aooointment to the Desil!:n Review Board: Mayor Merrill is requesting the re-appointment of Debbie Barnes to the Design Review Board. Mrs. Barnes will be serving three year term. (NM) H. Ooen Container Permit: Traci Kidskin is requesting an open container permit for July 14, 2007 from 7:00 p.m. to 10:00 p.m. at Guerber Park. Alcohol may be consumed only within the shelter and no glass containers are allowed. (SKB) Mayor: There has been a request to remove Item 5C. from the Consent Agenda for continuance. Page 3 K.\COUNCIL\MINUTES\Temporary Minutes Work Area\('C -7-10-07min.doc Bastian moves to approve the Consent Agenda as Amended. Seconded by Bandy. Bastian: AYE; Guerber: AYE; Bandy: AYE: ALL AYES: MOTION CARRIES.............. 5C. Findinl!:s of Fact and Conclusions of Law for A-OI-07/RZ-OI-07 & PP-OI-07- Annexation and Rezone from RUT to R-2-DA and Preliminarv Plat for Dwavne Linl!:el Subdivision (aka Adonai Subdivision) - Dwavne Linl!:el: Dwayne Lingel is requesting annexation and rezone from RUT (Rural Urban Transition - Ada County designation) to R-2-DA (Residential, up to two units per acre with development agreement) and preliminary plat approval for Adonai Subdivision. The proposed 5.70 acre residential subdivision will consist of 12 lots (8 - buildable, 4 - common). The site is located on the east side of Park Lane Road approximately ] ,200-feet south of Beacon Light Road at 2440 North Park Lane. (WEV) Bastian moves to continue Findings of Fact and Conclusions of Law for A-OI-07/RZ-OI-07 & PP-OI-07 - Annexation and Rezone from RUT to R-2-DA and Preliminary Plat for Dwayne Lingel Subdivision (aka Adonai Subdivision) to the August 14, 2007 City Council meeting. Seconded by Bandy. ALL AYES: MOTION CARRIES........... 6. UNFINISHED BUSINESS: A. Discussion of the Downtown Feasibility Studv: The Zoning Administrator will present the results of the tree and parking inventory conducted by the City. This item was continued/rom the June 26, 2007 meeting. (WEV) B. Discussion of Downtown Feasibility Resolution: This item was continued/rom the June 26, 2007 meeting. (WEV) Mayor introduces the issue. Zoning Administrator Vaughan: This was continued so the Council could have sufficient time to review the proposal. I also presented to you the tree and parking inventory for your review. Discussion on the tree inventory, evaluating the trees the removal and etc. General Council discussion. Zoning Administrator Vaughan: Provides an overview of the Downtown Feasibility Resolution. General discussion. C. Velodrome Al!:reement: This item was continued/rom the June 26,2007 meeting. (NM) Mayor introduces the issue. Guerber: The Public Works Director, the Code Enforcement Officer and I met with the rep of the Velodrome last week and discussed the status of moving forward with the project. The Velodrome representative indicated a slow down as things were not happening as quickly as they thought. A meeting is scheduled on July 24, 2007 with the attorneys. The money from the City will go into the infrastructure. They have been doing some adjustments in their design work. Mayor: Discussion on going forward at the same time and put the ball fields in. D. Review and action on Preliminarv Prooosal for Communications and Public Relations Contract with Keith Allred: This item was continued/rom the June 26,2007 meeting. (NM) Mayor introduces the issue. Keith Allred: Discussion on the changes to his proposal. I have meet with some of the City Staff. City Attorney Buxton: We do have an Independent Contractor format that we use and we can take the proposal as presented and prepare the Contract for signature tomorrow. Page 4 K:\COUNClL\MINCTES\Temporary Minutes \\'ark Area\CC-7-10-07mindoc General discussion. Guerber moves to enter a contract with Dr. Keith Allred for an amount not to exceed $19,100.00 to carry out the collaboration including gathering the parties together, a survey process, public meetings and a report to the Council prior to our deliberations on the foothills proposals. Seconded by Bastian. Discussion. Guerber amends the Motion to add "authorize the Mayor to sign the Contract". Second concurs. Bastian: AYE; Guerber: AYE; Bandy: AYE: ALL AYES: MOTION CARRIES.................. 7. PUBLIC HEARINGS: A. V AC-03-07 - Vacation of oortions of Lot 3, Block 2, within Eal!:le Ranch Subdivision 4A - City of Eal!:le: The City of Eagle is requesting a vacation of portions of Lot 3, Block 2 (pathway lot) within Eagle Ranch Subdivision 4A. Lot 3 is owned by the City of Eagle and is used for pedestrian and bicycle use and is therefore considered a public right-of-way. The purpose of the vacation request is to relinquish interest in portions of the pathway lot that are no longer needed for public use. Staffis requesting this item be continued to the July 24,2007 meeting. Mayor introduces the issue. Guerber moves to continue V AC-03-07 - Vacation of portions of Lot 3, Block 2, within Eagle Ranch Subdivision 4A to the July 24, 2007 City Council meeting. Seconded by Bandy. ALL AYES: MOTION CARRIES............... B. CU-12-06 - Buildinl!: exoansion and heil!:ht exceotion for Eal!:le United Methodist Church - Eal!:le United Methodist Church: Eagle United Methodist Church, represented by Bruce Poe with Modoc Architects, is requesting conditional use approval for a 23,500 square foot building expansion and building height exception of 49'-4" (steeple only) for the Eagle United Methodist Church. The 4.63-acre site is located on the west side of Eagle Road and Y:,-mile north of State Street at 65 I North Eagle Road. This item was continued from the June 26, 2007 meeting. (WEV) Bl. DR-IO-07 - Eal!:le United Methodist Church Buildinl!: Exoansion - Eal!:le United Methodist Church: Eagle United Methodist Church, represented by Bruce Poe with Modoc Architects, is requesting design review approval for a 23,500-square foot building expansion. The applicant is also requesting approval of a 49'-4" steeple to be relocated to the proposed building addition. The 4.63-acre site is located on the west side of Eagle Road and Y:,-mile north of State Street at 651 North Eagle Road. This item was continued/rom the June 26,2007 meeting. (WEV) Mayor introduces the issue. There will be one presentation and there will be two separate motions. Mayor: I had the opportunity to step outside the bounds. Councilman Nordstrom and I met with the Pastor and Mr. Poe to discuss the project. I did have ex parte contact. City Attorney: Explains to the public what ex parte contact is. Bruce Poe, Modoc Architects, representing the applicant, distributes handouts to the Council and provides an overview of the project. Discusses the height limitations. Proceeds to discuss the Design Review application. Discussion on the parking area. Presents an animation overhead of the project. Zoning Administrator Vaughan: Provides Council an overview of the project. Page 5 K \CQUNCIL\T\1INUTES\Temporary /l.finutes Work Area\CC-7-IO-07min.doc Mayor opens the Public Hearing. Mayor swears in Pastor John Ramstad. Pastor John Ramstad, I want to thank the staff, the Mayor and Council Member Nordstrom for meeting with us and helping us through the process. Discusses the vision of the Church Members for their new Church. Our Church has almost tripled in size, we have three services on Sunday. Over 100 people use our Church each day not including services. We pledges of 1.3M for the project. Discussion on saving the "tree" and the access road. Mayor asks the audience to raise their hand if they are in support of what Pastor Ramstad has said. All members of the audience in support of the project raise their hands. There were no hands raised in opposition. Mayor closes the Public Hearing General Council discussion. Mike Brokaw, Deputy Director Operations ACHD, as a general rule a large part of the cost is the control systems of the lights. I don't know what is in place at that location but I can find out for you. Discussion on the City doing matching funds to get the light installed. Further Council discussion. Bastian moves to approve CU-12-06 - Building expansion and height exception for Eagle United Methodist Church. Seconded by Bandy. ALL AYES: MOTION CARRIES......... Bastian moves to approve DR-IO-07 - Eagle United Methodist Church Building Expansion - Eagle United Methodist Church and in both cases with the Standard Specific and Site Conditions of Approval. Seconded by Guerber. ALL A YES: MOTION CARRIES......... Mayor calls a recess at 8:30 p.m. Mayor reconvenes at 8:35 p.m. C. CU-07-07 - Conditional Use Permit for Eal!:le Emerl!:encv Service Facility for the Eal!:le Fire Deoartment - Eal!:le Fire Protection District: Eagle Fire Protection District, represented by Aaron Rendell with JGT Architecture, is requesting conditional use approval to construct a 5,730-square foot emergency service facility. The 0.63 I-acre site is located on the southeast corner of North Linder Road and West Clearfield Drive within Copperfield Subdivision at 1225 North Cactus Creek Avenue (Lots I and 2, Block 2, Copperfield Subdivision). (WEV) Mayor introduces the issue. Guerber: I need to recuse myself; I am a Commissioner for the Fire District. Aaron Rendell, JGT Architecture, representing the applicant, provides Council an overview of the project. Zoning Administrator, Planning and Zoning Commission and Staff did recommend approval of the application. I will stand for questions. Mayor opens the Public Hearing Mayor swears in Debra Pruitt Debra Pruitt, Copperfield Subdivision, my husband is a Boise City Fireman. We picked purchasing a home in this subdivision so that I would feel safe as my husband is gone for a couple of days at a time. I am in complete favor of this. Page 6 K\('OUNCIL\MlNUTES\Temporary Minutes Work Area\CC-7-10-07mindoc Kurt McClenny: Fire Marshall for the City. I believe you have a letter in favor from the Fire Chief. We are good neighbors and we don't have any complaints from our neighbors. Mayor closes the Public Hearing General discussion. Bandy moves to approve CU-07-07 - Conditional Use Permit for Eagle Emergency Service Facility for the Eagle Fire Department - Eagle Fire Protection District. Seconded by Bastian. ALL AYES: MOTION CARRIES................... Council Member Guerber joins the Mayor and Council. D. PP-02-06 - Preliminarv Plat for Busman Subdivision - Donna Weston: Donna Weston, represented by Craig McCullough with Domes Development, is requesting preliminary plat approval for Busman Subdivision. The 4.86-acre, 17 lot (13 residential, 4 common) subdivision is located approximately I ,200-feet south of Floating Feather Road and on the west side of Horseshoe Bend Road at 10895 Horseshoe Bend Road. (WEV) Mayor introduces the issue. Mayor swears in Donna Weston. Donna Weston: Craig is out of town so I am here. It is my understanding that everything is agreed on. I have agreed to all of the conditions. Zoning Administrator Vaughan: Displays overheads and provides Council an overview of the application. The staff and Planning and Zoning Commission has recommend approval with conditions. Planner Williams: Discusses the pathways. Zoning Administrator Vaughan: Discusses open space. Mayor opens the Public Hearing Valerie Fuller, Century 21 Realty: I have been working on this project helping to market it. This development is about the same type as the neighboring subdivisions. Discussion on the parkway. We have had a lot activity on this and people feel that this is an asset to the area. Discusses the lot sizes. The lots will sell for $125,000 - $135,000. Mayor closes the Public Hearing Bastian moves to approve PP-02-06 - Preliminary Plat for Busman Subdivision with all the Site and Standard Conditions of Approval. Seconded by Bandy. Discussion. ALL A YES: MOTION CARRIES........ 8. RESOLUTIONS: A. Resolution No. 07-20: A resolution of the City of Eagle, Idaho, to vacate the access and utility easement situated on Lots 2, 3 and 4, Block 4 within Merrill Subdivision No.2. (WEV) Mayor introduces the issue. Bastian moves to approve Resolution No. 07-20: A resolution of the City of Eagle, Idaho, to vacate the access and utility easement situated on Lots 2, 3 and 4, Block 4 within Merrill Subdivision No.2. Seconded by Guerber. ALL AYES: MOTION CARRIES................... B. Resolution 07-09: A resolution of the Eagle City Council to move the access and utility easement situated on Lot 1, Block 3 (well lot) within Lexington Hills Subdivision No.1 as shown Page 7 K \COL'I'.'CIL\MINUTES\Temporary Minutes Work Area\(( -7-1 0-07mindoc on the attachments hereto and accepting a new access easement situated on Lot I, Block 3 within Lexington Hills Subdivision No. I as shown on the attachments hereto, and providing an effective date. (DM) Mayor introduces the issue. Bandy moves to approve Resolution 07-09: A resolution of the Eagle City Council to move the access and utility easement situated on Lot 1, Block 3 (well lot) within Lexington Hills Subdivision No.1 as shown on the attachments hereto and accepting a new access easement situated on Lot 1, Block 3 within Lexington Hills Subdivision No.1 as shown on the attachments hereto, and providing an effective date. Seconded by Guerber. ALL AYES: MOTION CARRIES................ 9. NEW BUSINESS: A. Ordinance No. 572: An ordinance annexing certain real property situated in the unincorporated area of Ada County, Idaho, and contiguous to the corporate limits of the City of Eagle, to City of Eagle, Idaho; directing that copies of this ordinance be filed as provided by law; and providing an effective date. (WEV) Mayor introduces the issue. Guerber moves, pursuant to Idaho Code, Section 50-902, that the rule requiring Ordinances to be read on three different days with one reading to be in full be dispensed with, and that Ordinance #572 be considered after being read once by title only. Guerber reads Ordinance #572 by title only. Seconded by Bandy. ALL AYES: MOTION CARRIES.............. ... Guerber moves that Ordinance #572 be adopted. Seconded by Bandy. Bastian: AYE; Guerber: AYE; Bandy: AYE: ALL AYES: MOTION CARRIES.................. B. Discussion of Public Information Officer: (NM) Mayor introduces the issue. I think we had this discussion previously with Keith Allred. I would like to know if you want to move forward and do something in this regard for next fiscal year. Bastian: I think we have the need have these services but I think it is premature to have this as a full time employee. General discussion. Council concurs to add a contract position in the FY 07/08 Budget in the amount of$40,000. C. Asset ourchase al!:reement with Eal!:le Water Comoanv: Mayor introduces the issue. Guerber moves to approve the Asset Purchase Agreement with Eagle Water Company and authorize the Mayor to sign. Seconded by Bandy. Bastian: AYE; Guerber: AYE: Bandy: AYE: ALL AYES: MOTION CARRIES.................. 10. EXECUTIVE SESSION: A. Acquisition of Private Property: I.c. S67-23-45 (c) B. Pending Litigation: I.C. 67-2345 (f) Mayor: I would like you to add Personnel 67-2345(d) to the Executive Session. Bastian moves to go into Executive Session for the discussion of Acquisition of Private Property: I.C. ~67-23-45(c), Pending Litigation: I.C. 67-2345 (I) and Personnel: I.C. 67- Page 8 K:\COUNCIL\MINL'TES\Temporary t1.1inutes Work Area\CC -7-10-07min.doc 2345(d). Seconded by Guerber. Bastian: AYE; Guerber: AYE: Bandy: AYE: ALL A YES: MOTION CARRIES............ Council goes into Executive Session at 9:] 0 p.m. Council discusses acquisition of private property, pending litigation and personnel. I I. ADJOURNMENT: Mayor adjourns the meeting. Hearing no further business, the Council meeting adjourned. Respectfully submitted: "~~b~~BE[G':~~~ CITY CLERK/TREASURER ".............. .., C AGL .... .' X PI:. ," 0 ....... .. ~.4." -.... ~ I., .' o\l^ l'Ji .. ... '0. S ... I 9:-<l .. '; : (.),. 0 , _, : : (.),. '\.. ,...: : :. ~y~. 0 _ \...\.. c:.,~ ",'V::::: .. ,;7 ".~:' \. -';:iOR po.~~.. ..." ...... ....;. n .... G",' ~.. " l' ATE 0' ..' '" J"'I. ,.' 11"'.11.11'" A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT EAGLE CITY HALL Page 9 K\CQUNClL\MINUTES\Temporary Minutes Work Area\CC. 7-1 0-07mindoc I 1 I T 1 1 d3 FL) 1 1 1 1 1 1 I1 ca R 144'-11 d3 W. RANCH d3 DRIVE d3 d� CJ o ) 1 1 1 1 I 1 EXISTING STRUCTU • E 20'— I 104'-3 1/8' PROPOSED ADDITION ,10._0.sevA4 ((j 1 1 bip gyp• 34 —9 1/4' I 0 IIIA II`I • 8 EQ. SPACES = 72'-0' 3 ��oi, SPACES = 2' • 6 EQ. SPACES = 54'-0' 10 EQ. SPACES = 90'-0. 2 EQ. SPACES t. 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Lr,)- -19 -)2(5709-3-17 2480 N EDGEWOOD EAGLE, ID 83616 July 10, 2007 KEITH G. ALLRED, PH.D. MEDIATION & CONSULTING SERVICES PROPOSAL: OFFICE: (208) 939-3046 MOBILE: (208) 860-8289 E-MAIL: Keith@TheCommonInterest.org DELIBERATIVE PROCESS FOR EAGLE FOOTHILLS DEVELOPMENT PLAN Considerable controversy has developed quickly around Planning & Zoning's draft comprehensive plan for development in the foothills north of Eagle. Given this controversy, the mayor and city council face a significant challenge as they consider the proposed plan. As these kinds of controversies develop, the discussion tends to become increasingly dominated by the most extreme views on the topic and accurate understanding of the underlying substantive issues tends to erode. This document describes a proposal for a proactive process that the mayor and city council could convene to address this challenge. The proposed process—collaborative polling—aims to move the deliberations away from extreme views uninformed by accurate substantive information and toward representative views of the majority of citizens that are informed by substantive information. SHORTCOMINGS OF TRADITIONAL PUBLIC INPUT Polarization: Traditional deliberation processes that involve public input fail to provide an accurate representation of public preferences because participants are self-selected. It takes time and effort to engage public input processes effectively. Consequently, those with sufficiently strong feelings and extreme views about an issue to mobilize around it, tend to be over -represented while the views of typical citizens tend to be under -represented. Ironically, then, traditional public input processes tend to give more voice to the more polarized elements on a question, making it more difficult to come to a reasonable solution that advances the broad public interest of common citizens. Not only do participants tend to have more extreme views than the public at large, but traditional involvement processes also encourage participants to express more extreme views than those they actually hold. Recognizing that the government will likely seek a middle-of-the-road compromise, participants often stake out extreme positions in the hope that the ultimate compromise will more closely approximate their true preferences. The more controversy that surrounds a given policy question, the stronger these polarizing effects tend to be. Erosion in Quality of Information Underlying Public Opinion: As controversy and polarization dynamics take hold, the quality of the information on which the public is basing their views tends to erode. Those with more extreme views who tend to dominate the process often emphasize their views and conclusions with little regard to the best substantive information available on the question at hand. News reports then tend to reflect and even emphasize these extreme views rather than the substantive information. Consequently, the views of the broad public, who are not actively participating in the process, come to be influenced more by polarized views and less by accurate, substantive information. COLLABORATIVE POLLING: A DELIBERATIVE PROCESS DRIVEN BY INFORMED AND REPRESENTATIVE PUBLIC OPINION Collaborative polling was designed by Keith Allred to address the weaknesses of traditional deliberation processes. In this instance, Keith would work collaboratively with the City and interested groups to develop a brief on the issues surrounding a comprehensive plan for development of the Eagle Foothills. That brief along with a questionnaire would then be administered to a random sample of the public. Collaborative Development of the Brief: Keith would work collaboratively with City staff to capture the best substantive information relevant to this question, including information on topics such as traffic impacts and water demand. He would also work collaboratively with interested parties, including the relevant developers and the North Ada County Foothills Association, in order to accurately represent their perspectives in the brief. The aim would be to develop a brief for which there was a broad consensus that it accurately captured the issue. The core brief should be 10-15 pages and take between a half hour and one hour to review. The core brief can also be accompanied by supplementary information so that the participants can delve deeper into particular aspects of the question if they wish to. The brief can also capture various policy options. Presumably, the central policy option featured in the brief would be Planning & Zoning's proposed Comprehensive Plan. The brief could also include possible modifications to the plan. For example, the North Ada County Foothills Association and the developers could each be invited to develop several modifications they would suggest. Polling the Public: Once reasonable consensus is developed that the brief accurately captures the issue, it would be provided to a random sample of the public along with a questionnaire. The random sampling ensures that the views that are heard are representative and avoids the problem of being hijacked by extreme views that often comes with self-selected participation in typical public input processes. The questionnaire asks participants the degree to which they support or oppose a given policy option represented in the brief. Using the Results in Making a Policy Decision: The results from the collaborative polling process would primarily be statistical reports on the percentage of participants who support or oppose a given policy option. This information would be input that the mayor and city council could draw on in making their final decision. The mayor and city council can productively frame their entire decision making process on this issue by signaling early that they are seeking a comprehensive plan that serves the general public interest, has broad public support, and is based on sound information. The mayor and city council can also indicate that they see the results from the collaborative polling as useful information in their effort to identify such a comprehensive plan. 2 ESTIMATED COSTS Many of the costs typically associated with collaborative polling can be avoided in this case by drawing on City staff. In particular, the substantive information that has been generated in the development of the proposed Comprehensive Plan on issues such as traffic and water can be leveraged for the brief. Additionally, there are sensible ways of drawing on City staff in the random sampling process that could reduce costs significantly compared to traditional sampling methods. The most significant cost component is Keith's time and it is also the most difficult to estimate accurately. The work with the interested parties is particularly time intensive and difficult to anticipate exactly how much time it will take. Nevertheless, I estimate that the whole collaborative polling process could be conducted for $19,100 assuming the assistance of City Staff. Phases of Collaborative Polling Process Development of substantive information portion of brief Development of interested parties' perspectives portion of brief Posting brief and questionnaire online Drawing random sample and sending mail notification to selected participants; follow-ups to increase participation. Analysis of polling results Presentation of results Total Estimated Costs Cost Items • Keith's time working with City staff: 2 1/2 days ($2,000 per day) • Keith's time working with interested parties to accurately capture their perspectives in the brief: 5 days ($2,000 per day) • Costs of designing web pages for brief and for questionnaire that can capture participants responses (would be subcontracted and would adapt web design work already done for similar projects Keith has done in the past) • If drawing on City staff to do the clerical work, direct costs for postage, paper, envelopes and printing would be approximately $1.00 per participant. Recommend sample of 600. Keith would work with the City Staff in drawing an appropriate scientific, random sample. • Keith's time: '/2 day ($2,000 per day) • Keith's time: 1/2 day ($2,000 per day) Costs $5,000 $10,000 $1,500 $600 $1,000 $1,000 $19,100 3 About Keith Allred Keith Allred taught and conducted research on leadership, particularly in the areas of negotiation and conflict resolution, for seven years as a professor at Harvard's Kennedy School of Government where he was also a faculty member of the Program on Negotiation at Harvard Law School. Before joining the faculty at Harvard, he was a professor in social and organizational psychology at Columbia University. A fifth -generation Idahoan who grew up in Twin Falls, Keith and his family returned to his home state in 2003 where he pursues his applied interests in consulting and mediation. Keith also continues to teach leadership and management topics in executive programs at Harvard and Oxford and in the new Executive MBA program at Boise State University. In addition to publishing in the leading academic journals, Keith has significant experience in applying his scholarly knowledge to real world challenges. As a professional mediator, he has helped manage and resolve many disputes. He has recently mediated the jurisdictional conflict between the Nez Perce Tribe and local governments and a conflict concerning management of 600,000 acres of federal lands in Utah's red rock country. He also recently advised the City of Nampa in how to reorganize its development services to better deal with the demands of rapid growth. He is currently mediating one dispute over a series of hydroelectric dams in the Northwest and another over a major proposed development in downtown Boise. As a consultant and trainer he has worked for Dow Chemical, Chevron, Hughes Aerospace, Santa Fe Railway, the Forest Service, the Department of the Interior, and the IRS. He is the founder and president of The Common Interest, a non-partisan, non-profit organization that works in the Idaho legislature to put common sense solutions ahead of special interest and partisan politics. Keith earned a B.A. from Stanford and a Ph.D. in organizational behavior and social psychology from UCLA. He loves skiing, backpacking, fly-fishing, and snow machining. Having grown up working summers on the family cattle ranch, Keith has competed successfully on cutting horses, going to the national championships twice. He now enjoys training horses. He is married to Christine Edwards Allred. They are the proud parents of Anna (4) and Dan (3). 4 cc *7-/o -e 7 July 10, 2007 The City of Eagle Convenes Collaborative Process for Consideration of Eagle Foothills Comprehensive Plan Process Aims to Elicit Representative, Informed Public Opinion (Eagle) — The Eagle City Council voted Tuesday evening to adopt a collaborative process to assist with its consideration of the Planning & Zoning Commission's proposed comprehensive plan for the Eagle foothills. The Mayor and Council members emphasized that they had made no decisions about foothills development and that they wanted to hear from the public and interested parties before they made any decisions. As they approach this question, the Council said, their aim was to identify a comprehensive plan that met three criteria: 1. Serves the general public interest, while respecting private property rights 2. Has broad public support 3. Is based on sound information Mayor Nancy Merrill explained that the Council members adopted the collaborative process— called collaborative polling—because they thought it would provide useful information with respect to each of these three criteria. The collaborative polling process will unfold in three phases. First, City staff and interested parties will work together to develop a brief on the question of Eagle foothills planning. The brief will contain substantive information on important issues such the impacts of development on traffic and water. The brief will also describe the perspectives of various interested parties on the question, including developers and citizen groups such as the North Ada County Foothills Association. Finally, the brief will describe various planning options for foothills development, including Planning & Zoning's proposed comprehensive plan and modifications to it suggested be various interested parties. The second phase of the collaborative polling process will involve asking a large random sample of the public to review the brief and then share their views. The City will mail invitations to randomly selected citizens to review the brief on the City's website and then indicate their support or opposition for the various planning options described. The third phase of the process will be a report of the results which the Council will consider along with traditional public testimony. The brief and the report will be available to the public on the City's website as soon as each is completed. This collaborative process will be facilitated by Keith Allred. An Eagle resident and former professor at Harvard's Kennedy School of Government, Dr. Allred is a professional mediator and facilitator with wide experience in public input and policy deliberation processes. For more information: Keith Allred Office: (208) 939-3046 E-mail: keithallred@thecommoninterest.org , 2 July 10, 2007 TALKING POINTS FOR FOOTHILLS PROCESS • The Council has not made a decision on foothills development or on P&Z's proposed comprehensive plan • The Council wants to hear from the public and all interested parties before making any decision • The Council aims to identify a comprehensive plan that: • Serves the general public interest, while respecting private property rights • Has broad public support • Is based on sound information • To help it achieve these aims, the Council is convening a collaborative polling process • There will be 3 phases to the collaborative polling process: 1. Development of a brief on the issue of foothills development in collaboration with interested parties 2. Polling a large random sample of citizens after they have had a chance to review the brief 3. A report to the Council on the results • Process will be facilitated by Keith Allred • Eagle resident, fifth -generation Idahoan • Former professor at Harvard's Kennedy School of Government • Professional mediator and facilitator with broad experience in public input processes ANSWERS TO LIKELY QUESTIONS • Q: Will the brief be available to the public? • A: Yes. The brief will be posted on the City's website and available to the public as soon as it is completed, as will the report on the results of the collaborative polling process • Q: Will people who are not randomly selected to participate have an opportunity to be heard? • A: Yes. The Council will hold a typical public hearing before making any decisions. (We will probably provide an opportunity for the public to answer the same questionnaire on the website, but we should probably not commit to that at this point) • Q: What will the brief contain • A: Three types of information a. Factual information on issues like traffic and water impacts b. Perspectives of various interested parties, including developers and citizens' groups like the NACFA c. Various planning options, including the proposed P&Z comprehensive plan and possible modifications to it • Q: What is the timeline • A: We aim to have the results from the collaborative poll in the fall and then to have a hearing. 2