Minutes - 2007 - City Council - 11/20/2007 - Special
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EAGLE CITY COUNCIL
Special Meeting Minutes
November 20,2007
EARLY START TIME 6:00 P.M.
*No Public Hearings will be heard prior to 7:30 p.m.*
I. CALL TO ORDER: Mayor Merrill calls the meeting to order at 6:05 p.m.
2. ROLL CALL: BASTIAN, GUERBER, NORDSTROM, BANDY. All present. A quorum
is present.
3. PLEDGE OF ALLEGIANCE: Lloyd McHaffey 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. Findine:s of Fact and Conclusions of Law for A-8-07 & RZ-IO-07 - Annexation
and Rezone from RUT to MU-DA - Hormaechea LTD Partnership:
Honnaechea L TO Partnership, represented by Michael Hormaechea, is requesting
approval of an annexation of372-acres and rezone from RUT (Rural Urban
Transition-Ada County Designation) to MU-DA (Mixed Use with a development
agreement) for 100-acres, R-4-DA (Residential up to 4 units per acre maximum with
a development agreement) for 140-acres, and R-2-DA (Residential up to 2 units per
acre maximum with a development agreement) for I 32-acres. The 372-acre site is
located north of Floating Feather Road, south of Beacon Light Road, approximately
2,640 feet west of Lanewood Street east and west of Palmer Lane. (WEV)
B. DR-55-07 - Multi-tenant Office Buildinl! - J&S Properties. LLC: J&S Properties
LLC, represented by Bob Niblett, are requesting design review approval to construct
a 4,059-square foot, single-story, multi-tenant office building. The site is located on
the north side of East State Street approximately 278-feet east of East Hill Road
within Winding Creek East Subdivision at I 155 East Winding Creek Drive (Lot 4,
Block I,Winding Creek East Subdivision). (WEV)
C. DR-n-07 - Common Area Landscapine: for Vil!ne d' Aquila Subdivision-
Aquila LLC: Aquila LLC, represented by Doug Russell with The Land Group, is
requesting design review approval for the common area landscaping within the
Vigne d' Aquila Subdivision. The 26.22-acre site is generally located on the
northeast corner of North Ballantyne Road and West Beacon Light Road at 1964
West Beacon Light Road. (WEV)
D.(6A.) FPUD-02-07 & FP-05-07 - Final Development Plan and Final Plat for
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Bellemeade Subdivision - Tom Ricks: Tom Ricks, represented by Eugene Smith,
P.E., with Engineering North West, LLC, is requesting final development plan and
final plat approval for Bellemeade Subdivisioin, a 42-lot (30-buildable, 10-common,
2-existing homes to remain) planned unit development. The 15.75-acre site is
located on the north side of Flint Drive at 3 I 2 North Park Lane and 3850 West Flint
Drive. (WEV)
E.(6B.) FPUD-02-07 & FP-06-07 - Final Development Plan and Final Plat for
Bellewood Subdivision - Tom Ricks: Tom Ricks, represented by Eugene Smith,
P.E., with Engineering North West, LLC is requesting final development plan and
final plat approval for Bellewood Subdivision, a 21-lot (l5-buildable, 6-common)
planned unit development. The 4.90-acre site is located on the south side of Flint
Drive at 3855 West Flint Drive. (WEV)
F.(6C.) FP-09-07 - Final Plat for Bottle Creek (AKA Park Lane Estates) - Curtis
& Sonna Betts: Curtis & Sonna Betts, Chad Moffat & L220-l ID Moffat LLC,
represented by Eric Cronin, EIT, with The Land Group, Inc., is requesting final plat
approval for Bottle Creek Subdivision, a 10-lot (7-buildable, 3-common) residential
subdivision. The 5.44-acre site is located on the west side of Park Lane at 1835
North Park Lane. (WEV)
Mayor: We have had a request to consider adding Items #6A, Band C to the Consent Agenda. I
would ask staff if these items are in substantial compliance with the preliminary plats.
Planner Williams: All three items, #6A, Band C are in substantial compliance with the approved
preliminary plats.
Bastian moves to approve the Consent Agenda and that we include Items #6A, Band C as
part of the Consent Agenda. Seconded by Guerber. ALL AYES: MOTION CARRIES......
Bastian moves to add to the Agenda as Item #9C Resolution No. 07-35-A Resolution
amending the Eagle/Library Personnel Policy. Seconded by Guerber. ALL AYES:
MOTION CARRIES....................
6. FINAL PLAT:
A. FPUD-02-07 & FP-05-07 - Final Development Plan and Final Plat for Bellemeade
Subdivision - Tom Ricks: Tom Ricks, represented by Eugene Smith, P.E., with Engineering
North West, LLC, is requesting final development plan and final plat approval for Bellemeade
Subdivisioin, a 42-lot (30-buildable, 10-common, 2-existing homes to remain) planned unit
development. The 15.75-acre site is located on the north side of Flint Drive at 312 North Park
Lane and 3850 West Flint Drive. (WEV)
Moved by Motion to the Consent Agenda and approved.
B. FPUD-02-07 & FP-06-07 - Final Develoument Plan and Final Plat for Bellewood
Subdivision - Tom Ricks: Tom Ricks, represented by Eugene Smith, P.E., with Engineering
North West, LLC is requesting final development plan and final plat approval for Bellewood
Subdivision, a 21-lot (l5-buildable, 6-common) planned unit development. The 4.90-acre site is
located on the south side of Flint Drive at 3855 West Flint Drive. (WEV)
Moved by Motion to the Consent Agenda and approved.
C. FP-09-07 - Final Plat for Bottle Creek (AKA Park Lane Estates) - Curtis & Sonna
Betts: Curtis & Sonna Betts, Chad Moffat & L220- I ID Moffat LLC, represented by Eric
Cronin, EIT, with The Land Group, Inc., is requesting final plat approval for Bottle Creek
Subdivision, a 10-lot (7-buildable, 3-common) residential subdivision. The 5.44-acre site is
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located on the west side of Park Lane at 1835 North Park Lane. (WEV)
Moved by Motion to the Consent Agenda and approved.
7. UNFINISHED BUSINESS:
*These items were continuedfrom the November 15,2007 meeting. *
*The public hearings have been closed on these items.
A. CP A-6-07-Citv of Eae:le: The City of Eagle is proposing a Comprehensive Plan
Amendment to achieve the following:
]) 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)
B. CPA-8-06 - Comprehensive Plan Map Amendment to desie:nate +/- 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]6 and directly north of the Farmers Union Canal. (NBS)
C. CPA-5-06/Z0A-3-06/A-14-06/RZ-19-06- M3 Eae:le - M3 Eae:le: 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 ] unit per 5 acres), 1,627 acres Residential Estates (up to I 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
Fanners 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) Comprehensive Plan Map and Text Amendment Only.
D. CPA-IO-06 - Comprehensive Plan Map Amendment to establish a Desie:nation 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, I 00
acres Foothills Cluster Development (not to exceed 2 units per acre) and +/- 16,220 acres
Foothill Conservation Development (] 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)
Mayor introduces the issues.
Planner Baird Spencer: Displays overheads and provides Council and overview of the changes
to the comp plan. General discussion.
Bandy moves we approve the following:
1. That we approve the City initiated Foothills Comprehensive Plan, CP A-6-07 and
CP A-8-06 with the text that was described tonight and that Nichole has been working on
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and incorporate that into the Comprehensive Plan and the directions that we have
previously given and also with these specific changes:
A. The removal of all non-city initiated sub areas (CP A-5-06 M3 & CP A-IO-06
Avimor), all land should be treated equal and fair regardless of ownership in the
foothills. Further all land should be evaluated on its existing qualities, conditions,
opportunities, and constraints.
B. Inclusion of the definitions for adequate public facilities that Nichole presented to
us tonight and basic municipal services. All development will be reviewed to
assure adequate public facilities are available at the time impacts are created.
C. That the entirety of the Avimor Area should be included in the Foothills Planning
and that is the area that we talked about that goes into the Boise and Gems
Counties, beyond the Ada County planning area, as we discussed through out this
process the wildlife does not stop at the political boundaries it continues over, so
the entirety of that area should be included but only as the overall foothills text
described.
D. Densities will remain at 1 unit per 40 and 1 unit per 10 as it currently is entitled
through Ada County until annexed into the City of Eagle as we have talked about
and evaluated for the provision of Adequate Public Facilities.
E. The overall density of the foothills north of Homer shall be 1 per 2 acres with a
minimum of 17,000 acres being set aside as open space.
Seconded by Guerber. Discussion. Bastian: AYE; Guerber: A YEj Nordstrom: AYE;
Bandy: AYE: ALL AYES: MOTION CARRIES....................
Bandy: I would like to provide direction to staff that they begin the resolution for
adoption and begin drafting the appropriate ordinances to implement the comp plan that
we have just approved.
Mayors calls a recess at 6:40 p.m.
Mayor reconvenes at 7:35 p.m.
8. PUBLIC HEARINGS:
A. A-14-06/RZ-19-06/Z0A-3-06 - Annexation. Rezone and Zonine: Ordninance
Amendment M3 - M3 Companies: The M3 Companies are requesting an Annexation and
Rezone from RR (Rural Residential- Ada County Designation) and RP (Rural Preservation-
Ada County Designation) to R- I -DA with a Pre-Annexation and Development Agreement for a
maximum of 8, 160 units and 245 acres of non-residential uses including commercial, office,
and mixed use; a Zoning Ordinance Amendment to amend Eagle City Code Section 8-6
"Planned Unit Developments" to allow for the establishment of a M3-PUD zone. The +/_
6,005-acre site is generally located north of the Farmers Union Canal and Homer Road, east of
State Highway 16, west of Willow Creek Road, and south of Chaparral Road.. This item was
continuedfrolll the November 15, 2007 meeting. (WEV)
Mayor introduces the issue.
Bill Brownley, M3 Companies, I would like to ask for a continuance of this item until next weeks
meeting so we can have time to meet with Nichole to discuss the action that was taken tonight.
Mayor: We have a request to continue this item to the November 27, 2007 City Council
meeting.
So moved by Guerber. Seconded by Bastian. ALL AYES: MOTION CARRIES.........
Discussion on the time for the November 27, 2007 meeting to start. The meeting will start at
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6:00 p.m. and this item will be heard after the Consent Agenda. The other Public Hearings will
be heard no earlier than 7:30 p.m.
9. NEW BUSINESS:
A. Caselle Utilitv Billinl! Software purchase: (SKB)
Mayor introduces the issue.
Bastian moves to approve the purchase of the Caselle Utility Billing Software in the
amount of $15,500.00. Seconded by Nordstrom. Bastian: AYE; Guerber: AYE;
Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION CARRIES................
B. Ordinance No. 591: Amending Eagle City Code 1-6-IA and 1-6-2.
Mayor introduces the issue.
Bastian 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 #591 be considered after being read once by title only. Bastian reads Ordinance
# 591 by title only. Seconded by Nordstrom. ALL AYES: MOTION CARRIES................
Bastian moves that Ordinance #591 be adopted. Seconded by Nordstrom. Discussion.
Bastian: AYE; Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION
<:ARRIlCS......
C. Resolution No. 07-35: A Resolution amending the Eagle/Library Personnel Policy.
Mayor introduces the issue.
Nordstrom moves to approve Resolution No. 07-35 as presented, a Resolution amending the
Eagle/Library Personnel Policy. Seconded by Bastian. ALL AYES: MOTION
CARRIES....
]0. EXECUTIVE SESSION:
A. Pending or threatened litigation. l.C. !i67-2345(f)
City Attorney: According to Idaho Code you need to declare the litigation that is to be discussed
in Executive Session. Executive Session will be for the discussion of the Charney litigation and
litigation on Lanewood Subdivision.
Guerber moves to go into Executive Session for the discussion of pending or threatened
litigation, I.C. ~67-2345(t). Seconded by Bastian. Discussion. Guerber amends his motion
to add pending litigation on the Charney litigation and litigation on Lanewood Subdivision.
Bastian: AYE; Guerber: AYE; Nordstrom: AYE: Bandy: AYE: ALL AYES MOTION
CARRITES......
Council goes into Executive Session at 7:45 p.m.
Council discusses pending or threatened litigation.
Council leaves Executive Session at 8:]3 p.m.
REPORTS:
Mayor: Discussion on the City purchasing water and coffee for the Ada County Sheriffs
substation. General discussion. Council concurs to have the City purchase water and coffee for
the substation.
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II. ADJOURNMENT:
Nordstrom moves to adjourn. Seconded by Bastian. ALL AYE: MOTION
CARRIES. .................
Hearing no further business, the Council meeting adjourned at 8:15 p.m.
Respectfully submitted:
~~~~ BE'tt::r~
CITY CLERK/TREASURER
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A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT EAGLE
CITY HALL
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