The URL can be used to link to this page

Minutes - 2007 - City Council - 09/25/2007 - RegularEAGLE CITY COUNCIL September 25, 2007 Minutes OR/GI N4 1. CALL TO ORDER: Mayor Merrill calls the meeting to order at 6:08 p.m. 2. ROLL CALL: Present: BASTIAN, GUERBER, NORDSTROM, BANDY. A Quorum is present. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENT: No one chooses to speak. 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 Against the City. B. Noise Waiver Exemption: The Eagle Volunteer Fire Department is requesting a noise exemption extending the hours until midnight as allowed in Eagle City Code 4-9-6B, for the 2nd, 3rd, and 41h Friday and Saturday nights in October to accommodate the Haunted Woods Fundraiser. (SKB) C. Joint Powers Agreement between the Ada County Sheriff's Office. the Ada County Prosecuting Attgrnev's Office and the City of Eagle relating to Law Enforcement Services and Prosecution Services FY 2007-2008. (SKB) D. Concrete Placing Company Payment Application No. 2 East Hills 1 Million Gallon Reservoir : (VB) Bastian moves the Claims against the City to be heard under New Business. Seconded by Guerber. ALL AYE...MOTION CARRIES. Bastian moves to approve the Consent Agenda as amended. Seconded by Guerber. Bastian: AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION CARRIES 6. UNFINISHED BUSINESS: A. Findings of Fact and Conclusions of Law for A-01-07/RZ-01-07 & PP-01-07 - Annexation and Rezone from RUT to R-2-DA and Preliminary Plat for Dwayne Ling Subdivision (aka Adonai Subdivision) — Dwayne Lines 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 1,200-feet south of Beacon Light Road at 2440 North Park Lane. This item was continued from the August 14, 2007 meeting. This item is requested to be continued to the October 2, 2007 meeting. (WEV) Mayor introduces the item. Page 1 K ‘COUNCIL\M1NUTES\Temporary Mmutes Work Areakc-09-25-07mm doc Bandy moves to continue the Findings of Fact and Conclusions of Law for A-01-07/RZ-01- 07 & PP-01-07 - Annexation and Rezone from RUT to R-2-DA and Preliminary Plat for Dwayne Lingel Subdivision (aka Adonai Subdivision) — Dwayne Lingel to the October 2, 2007 meeting. Seconded by Bastian. ALL AYE...MOTION CARRIES. 7. PUBLIC HEARINGS: A. CPA-5-06/ZOA-3-06/A-14-06/RZ-19-06- M3 Eagle — M3 Eat=-Ie: M3 Eagle, represented by Gerry Robbins, is requesting a Comprehensive Plan Map Amendment to include +/- 6,005 acres into the Eagle Comprehensive Plan designating the following land use and zones: 40 Acres Residential Rural (up to 1 unit per 5 acres), 1,627 acres Residential Estates (up to 1 unit per 2 acres), 470 acres Residential One (up to one unit per acre), 670 acres Residential Two (up to two units per acre), 1,250 acres Residential Three (up to 3 units per acre), 670 acres Residential Four (up to four units per acre), 770 acres Village Center, 88 acres Mixed Use, with an annexation with Pre -Annexation Agreement, a rezone with a Development Agreement, Zoning Ordinance Amendment to Eagle City Code Section 8. The 6,005 acre site is generally located north of the Farmers Union Canal and Homer Road, east of State Highway 16 and west of Willow Creek Road more specifically described in the meets and bounds description on file with the City of Eagle. (NBS) City Planner III, Nichoel Baird Spencer reviews the proposed timeline for the hearing of the proposed comprehensive plan amendments. Briefly reviews the Idaho Statutes and City of Eagle's current comprehensive plan, and the geographic area each of the four comprehensive plan amendments affect. Mayor introduces the item. Planner Spencer, relays the Planning and Zoning Commissions recommendations. Bill Brownlee 533 E. Riverside Drive Eagle, Idaho representing M3 reviews the application. Discusses open space, transportation and environmental impacts, geographical development challenges, development of wine region and other nuisances associated with the proposed project. Council member Bastian inquires as to the developers experience with sewer treatment facilities and water facilities. Bastian asks about a community civic center or theatre experience. A performing arts center would be a draw for visitors and members of our community. It would add to the attractiveness of the community. Council member Guerber what were the infrastructure requirements you faced in developments you have done in other states. Discussion amongst Council and Mr. Brownlee. Mayor calls a five minute break. Resumes session at 8:30 p.m. Kavi Koleini 1750 Front St. Boise, Idaho with URS Idaho, an environmental consulting firm working on the M3 project. URS Idaho did an in depth study of the vegetation and determine presence of special status species. Mr. Collen reviews his findings. Ed Squyres 1002 W. Franklin St. Boise, Idaho. Mr. Squyers has been studying the Boise Valley ground water system for over 20 years; he is the managing hydrologist of Hydrologic Incorporated. Mr. Squyres reviews the hydrologic study done for the M3 properties. Jeff Fereday, with Givens Pursley 601 W. Bannock Boise, Idaho. Gives status of the applicants water rights applications. Page 2 K \ COUNCIL \MINUTES\Temporary Mmules Work Area \cc-09-2_5-07mm doc Scott Wonders, with Stanley Engineering, an Engineering and Consulting firm. Mr. Wonder reviews the traffic impact analysis for the proposal. Mayor Merrill discusses continuing the remaining agenda items to a date certain as the M3 representatives still have two or three consultants left to present, and the hour is growing late. Council concurs the remaining Comprehensive Plan Amendment items on tonight's agenda will be heard at the October 9th meeting. John Church a principal of Idaho Economics, an economic consulting firm in Boise - P.O. Box 45694. Mr. Church is a graduate from University of Idaho, Boise State University and University of Washington. Mr. Church reviews projections of population, number of households, housing units and total population of the M3 project by year, from year one to build out at year 20 Reviews projected property tax revenue, revenue sharing, franchise fees, building permit fees over the 20 year development period of the M3 project. Mr. Church touches on other aspects of the economic impact report for the project. Discussion. Joe Henson NW Natural Resource Group residing in Weiser Idaho. I am a forester and a former timber industry lobbyist. Mr. Henson reviews the proposed land exchange and impactions for the foothills comprehensive plan. Discussion. Mayor Merrill would like applications heard in the following order for the October 9, 2007 meeting: the Avimor application, BLM application from the City and the draft foothills, there will also be the presentations from the three other studies we have had done. One is the community study that Keith Allred has put together the other is the Don Reeding economic review of the M3 and the City Plan together and the COMPASS transportation model that is in addition to what has been heard tonight. After these have been heard, the items will be opened up for public testimony. City Attorney explains that Don Reeding has been supplied with a copy of the economic impact report provided by Mr. Church from M3 to take a third party look at that for the Council. He has also been provide with a copy of the City Comprehensive Plan and asked to look at the economic portions of that. Discussion. Guerber moves to continue item 7A, B, C, D to the Council meeting of October 9, 2007. Seconded by Nordstrom. ALL AYE...MOTION CARRIES. B. CPA-8-06 - Comprehensive Plan Mao Amendment to desienate +/- 2.000 acres of BLM land as Public/Semi-Public: The City of Eagle, is requesting a Comprehensive Plan Amendment to establish a land use designation on the Comprehensive Plan Land Use Map of Public/Semi-Public for the BLM property. The +/- 2,000 acres site is located approximately '/4 mile east of State Highway 16 and directly north of the Farmers Union Canal. (NBS) C.CPA-10-06 - Comprehensive Plan Mao Amendment to establish a Designation of Foothills Cluster and Foothills Conservation, Avimor, LLC: Avimor, LLC., represented by Robert Taunton, is requesting a Comprehensive Plan Map Text Amendment to include +/- 23,320 acres into the Eagle Comprehensive Plan designating the following land uses: +/- 7,100 acres Foothills Cluster Development (not to exceed 2 units per acre) and +/- 16,220 acres Foothill Conservation Development (1 unit per 40 acres). The +/- 23,320-acre site is generally located from Highway 55 on the east to Willow Creek Road via Big Gulch on the west, the northern boundary is approximately five (5) miles north of the Ada/Gem County line, the southern boundary abuts the Connolly and Kastera properties. Specifically described in the meets and bounds description on file at the City of Eagle. (NBS) D. CPA-6-07-City of Eagle: The City of eagle is proposing a Comprehensive Plan Page 3 K \COUNCIL\MINUTES\Temporary Minutes Work Areatcc-09-25-07mm doc Amendment to achieve the following: 1) Adoption of the Eagle Foothills Sub -area Plan and associated text and maps; 2) Adoption of Brookside Sub -area Plan and associated text and maps; 3) Update appropriate sections of the existing plan to ensue consistency with the proposed amendments. (NBS) The presentation for this item will heard at the October 9, 2007 meeting. 8. NEW BUSINESS: A. Claims Against the City. Bastian moves to pay the claims against the City. Seconded by Bandy. BANDY: AYE, BASTIAN:AYE; GUERBER: AYE; NORDSTROM: AYE. ALL AYE...MOTION CARRIES. 9. REPORTS: Due to the lateness of the hour the only report given was the City Attorney's. a. Mayor and Council's Report: b. City Engineer Report: c. City Clerk/Treasurer Report: d. Zoning Administrator's Report: e. City Attorney Report: City Attorney notes that they are ready to go out to bid on the Velodrome. There is a construction contract and a management contract that will be coming forward. Nordstrom inquires how the Velodrome people will finance their portion of the construction. City Attorney, Buxton describes the bid process and the discussions with Ada County she has had regarding the project. 10. ADJOURNMENT: Nordstrom moves to adjourn. Seconded by Guerber ALL AYE: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 11:00 p.m. Respectfully submitted: ,a V SHARON K. BERGMANN CITY CLERK/TREASURER APPROVED: NA ICY COMERRI M YOR A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT EAGLE CITY HALL Page 4 K \COUNCIL\MINUTES\Temporary Minutes Work Area \cc-09-25-07mm doc 257-01 0 o \-- 1Nrti 4a7 - taij e ,,r:g•cA& c Key • a Residential Rural (1 unit/5 acres) Foothills Residential Community Centers (Mixed Use) Transitional Residenital Floodway +25% Slope • Sf:-/ ,f7s_ • Y Q0,4, Line- Walk Radius Potential Regional Open Space Overlay MI City/ BLM (Regional Park) IIIIBLM Ownership (Public/Semi-public) Roads LY, • \-• '0 a a ti City of Eagle Foothills Plan P&Z Recommendation .a 11.1 II. 1111 1 • 0 • 00 � V " Jan 1%. A r Key f —L Residential Rural (1 unit/5 acres) Foothills Residential Community Centers (Mixed Use) Transitional Residenital Floodway +25% Slope .12 r� �wv►AIL I7 144 ;b1‘t.4.111.* :3 .._ _ N.._ L,.11. IH..114kN II_ : 7110 'Wilk- Pe ,L.,, —4dit'ARIttits4SkiA,...2*&-•• '14:1%111 .1 , At.-- litit.-4.****474tk 11: • it t�` !® '.lye '7►'�,1 tll14\y1�r :'\, ,Q'ait4 `h4e� 4..� �� , �� +� ��.;• � ,. �4■i-u �t ■� �y�e;4..4. „ .:7,,i, i N.14 kcwi.:*‘ *..,... t, 444 :4:4t tql •+�+it. ��t�� !� �� v ., 'h� ��4% lit A414 � iii.®+„ a k th•-1'\,\�iIIINN NN �. �~1111h �� !� ■ ►.� �► o fir ,,l�4,),.4.7: , 44* , �L��! ��rtz1N4 �.�'+4�+� te.,,... 4..,,,z1.11.7.41:::::74,.i,to 4, .,,;,",47).44%!,:Ne44.,,i •• :N\N11.114tk '.11(‘-'141*'" - ,o. mokzktik .•\ 110P),4* ►4 • 4* 4%1 4.g,*- �' 4 �,� �R **„.!�,,t..311 \`" '�� Lam'''' Walk Radius Potential Regional Open Space Overlay City/ BLM (Regional Park) 111.BLM Ownership (Public/Semi-public) N Roads ) 6,1 0.1.YCA ir%\ City of Eagle Foothills Plan P&Z Recommendation y 0 NOTES DeBe bpmeet:,I>dAatli as 4etenmht4 ee bg tie taxies cite*#e •tbtetet: Mime *MU Lippe. tieoatila AO giae Matti toeal tea ran galln tot, le nit plaitiptoki.aidate alteliRI:oR1' 0 Properties Included in City Planning for City Services & Annexation Gem County Line Iy \ J I 1 Parcels City Limits Lanewood/Kastera City Planning Areas & Municipal Service Area United Water Certificated Area III Area of Impact 0 e a • 1 r_ Conceptual Arterial Roadway Alignments • Key Existing Roads Projected Foothills Aretrials +25% Slope Foothills Sub -Area Intersection Design: Physically Possible Traffic Counts too high Opperationally & Physically Possible Grade Sperated Interchange PR IC • • • 0 1 t,..,>;•1 °•••-••••'—•;-,. ! ; ; Key ..___ g - 1 ; I I Willow Creek Connection -Yr i j ; • ; j • ; • • •ri • , / 4/ i l• L.- )-- '-7.--17r ,,, —4-- i Goodale's Cutoff * Primary Trailhead / Local Roads IN0(Core Trails le Roadside Trailheads /\,/ Idaho Power Easements A/ Connecting Loop Trails Roadside Trails A/ Future Arterial Roads 411 TI To Pearl & Montour Rocky Canyon To Stack Rock '7 /1 • •••,. I 4111111416 ••;•;•;•;•; •-1•7.1 Ci Dry Creek/ 7'1\ ; • - Bogus Basin _ 1— ; to to CU To Avirrm Boise Fri City of Eagle Foothills Trail System r • BUTLER September 25, 2007 Via Entail and Hand Delivery Susan E. Buxton Moore Smith Buxton Si Turcke 950 W Bannock, Suite 520 Boise, ID 83702 RE: M3 Companies SB File No. 22441.1 Dear Susan. IF AT I A\N 1 LLP RECEIVED & f=1(„ ) CITY OF EAGLE SEP 2 5 2007 File Rich rr RFT 14 I, JoAnn C Baler T Hethe Clark Lauren Masers Reynoldson Michael T Spink (208) 388-1093 jbutlerOsb-attornevs com The Mayor and City Council have received several letters in recent weeks from the North Ada County Foothills Association ("NACFA"). I also suspect that you and the Council Members have had occasion to read the postings on the website "Voice of Eagle." Some of these letters and postings pamt a picture of "one developer attempting to hijack the City process"; that the City may be "capitulating to the demands" and "responding to ongoing and shrill threats", and that the City is being "hounded by an aggressive developer who wants to show the city eveiything in the best light for them" with a call for the City "to proactively, in no uncertain terms, take control of the process back from the lawyers and developers." I'm not being facetious when I say that I'm rerrunded of the scene from Shakespeare's Henry VI where certain agitators are proposing to replace the rule of law with the rule of frenzy. You might recall that Shakespeare scene. The Duke of York was plotting to 251E FRONT STREET SUITE 200 PO BOx 639 BOISE. IDAHO 83701 208-388-1000 208-388-1001 (F) WWW 5B-ATTORNEYS COM September 25, 2007 Susan E. Buxton Moore Smith Buxton & Turcke Page 2 of 3 overthrow the King and, desiring to create instability in London, a supporter of the Duke decreed, "The first thing we do, let's kill all the lawyers." Well, of course, this statement has been the punch -line of jokes and a common T-shirt logo (not to mention the motto of the Crescent Bar in Boise!). But Shakespeare was seriously reminding his audience that the surest way to create instability, the surest way to create chaos, is to eliminate those that remind us what the rule of law is - the procedures, the public process that our state and city Codes use to ensure fair hearings. This is so important when a city council, such as Eagle's in this instance, is sitting as a judge when it reviews the applications before it. Tonight's hearing is the culmination of the review of applications provided by M3 Companies all the way back in April, 2006. M3 Companies compiled their applications and hired consultants recognized as experts in their fields to provide the City staff, Planning & Zoning Commission and City Council with the most up-to-date facts so the City could make findings firmly anchored in fact. At every open, public hearing since these applications were made (and there have been over 20 hearings) M3 Companies has made sure that the facts were presented to the City. We know that is our job. We believe the City - as would any city - expects that of us. If that is "hounding" the City, then we readily agree! If providing fact -based presentations to the City in open public forum has caused some to claim that there is a need for the City to "take back" the process, it suggests to us that the "Voice of Eagle" for one, and perhaps others, believe that the City is not doing its job in the proper manner and is somehow providing M3 Companies with an undeserved leg -up in the process. M3 Companies takes these attacks on its business as an affront to its integrity, its extremely hard work and its desire to invest in the community. We have to think that the City must take these attacks on the City as an affront to the independence of its P&Z Commission, its elected Council Members and its hard-working staff. We believe these individuals want the public to believe that there is some collusion between M3 Companies and the City perhaps to put pressure on the City, or "hound" the City, outside of the public hearing process, in hopes that the City will decide against M3 Companies' applications in order to look good in the outside -of -the -public - hearing public eye created by such as the "Voice of Eagle." Never mind the value of the hard work toward securing the long-range future of the City of Eagle. September 25, 2007 Susan E. Buxton Moore Smith Buxton & Turcke Page 3 of 3 The City knows the truth of the matter - there never has been any pressure by M3 Companies on the City — other than to try and present to the City the best set of applications possible. Nor would the City ever allow such pressure in connection with either the M3 Companies' applications or any of the other of the pending applications before the City at tonight's hearing. We ask the City, in its public forum, to set the record straight. Decisions in connection with the M3 Companies' applications will be based on the merits of those applications. Sincerely, 3.Pt„cflik, JoAnn C. Butler JCB/gs c via email: Bill Brownlee Jeff Davis Gerry Robbins Roger Wist RUI C7▪ 1 Hesefeneal Estele E Rosekneel Ono ELI Resefereal Two fll Reseteeval Three LJ Resieentlai Four ET.:1 Hh Densely Ressientee ▪ USe Rewentla3 L Centel Pestessona OM, Bus.sess Pars CD Calm' Susesess CsseeS ▪ Cce, nsocal Epic Isles-. 5,seesed Use Nee PutA,Ssmr.-Put..c Q ReSMenaat Rural C7 Restdoot of Es ate Rowden ia, One C7 Rosidental Two c Resefomler Twee j RoyapnUn! Fo H $ Densay Resdenta� p Transenruv Revacnta Voltage Como. ▪ Moked Oso Praeseiaul Omco Busawss Park rsu Cantu Business DKt - commercw ▪ Eepk Wan a spoor I Use Area 22,600' (4.28 MILES) I,,,,k RADIUS_ NORTHERN RESIDENTIAL AREA 2 760 AC. 5 270 UNITS MAX 5 917 UNITS 40 AC COMMERCIAL 1 91 DU/AC. COMMUNITY CORE 636 AC 2 393 UNITS MAX 3 335 UNi?_ 117 AC COMM HIGHWAY MIXED USE 3 76 DU/AC BUSINESS PARK 88 AC • 88 AC COMM 300 UNITS MAX 500 UNITS 3 41 DU/AC SOUTHWESTERN RESIDENTIAL AREA 407 AC 69 UNITS MAX 224 UNITS 0 17 DU/AC EO wCeE WUOx CREE RCM REC JNA� J OPEN SPACE CJRReOee SOUTHERN RESIDENTIAL AREA 2,114 AC 128 UNITS MAX 893 UNITS 0 06 DU/AC DEVELOPMENT SUMMARY/MAXIMUM PLANNING AREA DENSITY AREA ACREAGE UNITS DENSITY COMM AC. SOUTHWESTERN RESIDENTIAL AREA 407 69 (224) 0 17 (0 55) SOUTHERN RESIDENTIAL AREA 2 114 128 (893) 0 06 (0 42) NORTHERN RESIDENTIAL AREA 2 760 COMMUNITY CORE 636 MIXED USE 88 TOTALS: ,• 6,005 1 91(2 14) 3 76(5 24) 341(568) 1.35 I 1 HIGHWAY MIXED USE- BUSINESS PARK 88 AC. 300 UNITS 3.41 DU/AC. 250,000 s.f. COMMUNITY RETAIL 350,000 s.f. OFFICE 61- INTER OFFICE City of Eagle Zoning Administration To: From: Subject: Date: Attachment(s): Mayor Merrill and City Council Heather Hyde, Administrative Clerk CPA-06-07 - City of Eagle Foothills Plan September 24, 2007 Maps for the P&Z Recommendation Draft Due to technical difficulties with the color copier last Friday, the attached maps were not included in your original packet. Please insert the attached maps behind the P&Z Recommendation for the Foothills. I apologize for any inconvenience. Page 1 of 1 K:1Planning DeptlEagle Applications\CPA120071CPA-6-07 pz action.doc