Minutes - 2008 - City Council - 12/16/2008 - Regular
EAGLE CITY COUNCIL
December 16, 2008
Minutes
PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m.
I. ACHD Foothills Transportation Study Update: Sabrina Bowman with Ada County Highway
District, distributes the draft Foothills Transportation Study and staff report and reviews the
same.
2. Peak Physical Therapy Detox Program: (30 min) No one is in attendance to address the issue.
3. Discussion with Bank of the West regarding building wall signage. John Luque with Bank of
the West addresses the Council requesting the reinstatement of their application for the 3rd wall
sign for their building. Mr. Luque discusses the history of his application. City Attorney Buxton
speaks to the legal parameters pertaining to re-addressing Mr. Luque's application. Discussion.
Council would like staffto resurrect the application, waiving any fees associated with bringing it
forward again, and place it on the Council as unfinished business at the next meeting, January
13, 2009.
4. Mayor and Council Reports: Huffaker expresses his appreciation to the University of Idaho
students, Planner Baird Spencer and the staff for bringing forward the presentation and
information last Wednesday. A few months ago a BLM application task force was discussed.
The City needs to pursue this task force. Mr. Huffaker feels that a City staff member should
facilitate the task force and perhaps be the Chairman of the Board. He would like to see the
process progress in so far as the establishment of this task force. City Attorney Buxton states
that she has been meeting with the M3 people on the reimbursement agreements. Shoushtarian
has nothing to report. Guerber notes that on December 20th FEMA will present the Eagle Fire
Department with a large grant, invitations should arrive soon for the Mayor and Council to attend
the presentation.
5. City Clerk/Treasurer Report: Deputy Clerk Osborn comments on the status of the changes to
the proposed transparency resolution that Council directed staffto work on.
6. Zoning Administrator's Report: No report.
7. Public Works Director Report: No report.
8. City Attorney Report: No report
Council takes a break at 7: 10 to reconvene at 7:30 for their regular meeting.
REGULAR COUNCIL AGENDA: 7:30 p.m.
I. CALL TO ORDER: Council President calls the meeting to order at 7:35 p.m.
2. ROLL CALL: Present: GUERBER, HUFFAKER, SHOUSHTARIAN, SEMANKO. All
present. A quorum is present.
Mayor Bandy arrives at 7:37 p.m.
3. PLEDGE OF ALLEGIANCE: Judy Erdman leads the Pledge of Allegiance.
4. PUBLIC COMMENT:
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.
Page I of7
k:\council\minutes\temporary minutes work area\cc-12-16-08min.doc
. 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. Findinl!:s of Fact and Conclusions of Law for RZ-IO-08 - Rezone From R-4
(Residential- up to four dwellinl!: units per acre) to CBD-DA (Central Business
District with a Development Al!:reement) - Cottonwood Eal!:le Road, LLC:
Cottonwood Eagle Road, LLC, represented by Van Elg with The Land Group, Inc.,
is requesting approval of a rezone from R-4 (Residential - up to four units per acre)
to CBD-DA (Central Business District with development agreement). The 3.87-acre
site is located on the west side of North Eagle Road approximately 375-feet north of
State Highway 44 at 235,247,265 and 403 South Eagle Road. (MJW)
B. Findinl!:s of Fact and Conclusions of Law for PP-3-08 - Preliminary Plat for
Lonesome Dove Subdivision II - Lonesome Dove LLC: Lonesome Dove, LLC,
represented by Kevin McCarthy, P.E., with Rennison Fodrea, Inc., is requesting
preliminary plat approval for Lonesome Dove II Subdivision (a re-subdivision of Lot
I, Block I, Lot I, Block 2, and Lot 5, Block 4 of the approved final plat for
Lonesome Dove Subdivision), a 72-lot residential subdivision (70-residential, 2-
common). The 4.35-acre site is generally located on the southwest corner of
Riverside Drive and State Street at 1505 Riverside Drive. (MJW)
C. DR-71-08 - River District Townhomes and Common Area Landscapinl!:
within Lonesome Dove Subdivision - Lonesome Dove, LLC: Lonesome Dove,
LLC, represented by Chad Longson and Cord Christensen, is requesting design
review approval for the townhomes and common area landscaping within Lonesome
Dove Subdivision. The site is located on the southwest corner of East Riverside
Drive and Edgewood Lane at 1505 East Riverside Drive. (WEV)
D. Claims Against the City.
Semanko moves to add Claims Against the City as item 5D. Seconded by Huffaker.
ALL AYE...MOTION CARRIES.
Huffaker moves to approve the Amended Consent Agenda. Seconded by Semanko.
Guerber: AYE; Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: ALL AYE:
MOTION CARRIES..............
6. UNFINISHED BUSINESS:
A. CPA-05-08/A-3-03/RZ-08-08 - Comprehensive Plan Map & Text Amendment from
Mixed Use and Professional Office to Commercial, Annexation and Rezone with Pre-
annexation/Development Al!:reement - Eisenberl!: Companv: Eisenberg Company,
represented by Van Elg of The Land Group, Inc., is requesting a Comprehensive Plan Map and
Text Amendment to change the land use designation on the Comprehensive Plan Future Land
Use Map from +/- 31.4 acres Mixed Use and +/- 4.4 acres Professional Office to Commercial and
amend the language in the Rim View Planning Area, an annexation and rezone with Pre-
Annexation/Development Agreement for +/- 38.34 acres with a zoning designation ofC-3-DA
(Highway Business District with a Development Agreement). The +/-38.34-acre site is located at
the northeast corner of Linder Road and Chinden Boulevard (US 20/26). This item was
continued from the December 9, 2008 meeting. (NBS)
Mayor introduces the item.
Page 2 of7
k:\council\minutes\temporary minutes work area\cc-12-16-08min.doc
Council deliberation. Huffaker has a number of issues he would like to address. Beginning with
annexation, where the current city limits lies, and potential paths of annexation. City Planner
Baird Spencer reviews conditions in the development agreement regarding annexation. Huffaker
has questions regarding the proposed intersection, number of lanes at the intersection, cross
accesses, access off of Chinden. Discussion regarding conditions of approval by Ada County
Highway District and Idaho Transportation Department on the application, and other areas of
concern. Shoushtarian inquires how far from the center of the intersection the roads
improvements for Chinden and Linder intersection will extend. Baird Spencer states it is a
quarter mile, where at that point it would go back to the existing configuration. Shoushtarian
asks if the only other regional shopping center that you could compare this to is the WinCo
Shopping center. Shoushtarian would like Planner Baird to compare the surrounding zoning of
the WinCo site to that of the proposed Eisenberg project. Discussion of the zoning and history of
both sites. Guerber inquires as to zoning for the City of Meridian on the other three corners.
Planner Baird Spencer states that it is all commercial, with the northwest corner being mixed use,
that contains commercial pads. Guerber inquires as to the previous proposal for this site, that
had been turned down, what was in that proposal at that time as far as changes to the
transportation system was that included in that project? Baird Spencer states it was not include
in the previous plan as it was strictly a comprehensive plan amendment and no entitlements were
timed to it, nor were there conditions to the extent that are proposed for the Eisenberg project.
Furthermore, she states that, the comprehensive plan amendment is a policy guidance, whereas
this application is a pre-annexation development agreement that binds the landowner to specific
improvements or approvals from other agencies. Discussion. Semanko comments of traffic and
the frustration that the control does not lay with us, but with ACHD and lTD. Semanko reviews
and comments on testimony given in regard to buffering, size and scope of the project, light and
noise pollution, roadway improvements. It is evident that steps have been taken by the developer
to address a number of the concerns raised during public testimony. One of the things that stood
out to Semanko, was that the folks that live across the street and immediately to the north who
acknowledged that this was going to impact their properties, but nonetheless supported the
development. Shoushtarian comments on transition, size of the project and transit as his areas of
concerns, especially in regard to changing the Comprehensive Plan. Council member
Shoushtarian states that transition, size and traffic were of major concern and were discussed
during the first and second public hearings. He acknowledges that the change to the gas station
was very good move. Shoushtarian comments that the Comprehensive Plan for the City of Eagle,
or any city, is a guideline that has been set forth to make everything we do in the City to be based
upon. So if the applicant wants to change the comprehensive plan there is a process he needs to
go through. Shoushtarian quotes the Eagle Comprehensive Plan page 124 13.7 and does not feel
the applicant has met the requirements outlined therein. He feels the size and the situation do not
fit, and the applicant should make the size fit better for our community. The applicant is asked if
they have rethought the size and scope of the project. Discussion.
Craig Eisenberg, address the Council. They have considered the testimony and the Council's
concerns expressed at the previous meetings. The buffering has been addressed. They feel that
their request is reasonable.
Don Forrest addresses coverage areas. He states that the in other locations the coverage is more
than what is proposed here.
Discussion amongst Council and staff.
Huffaker feels that with a northern road along the back side of this site that this project would be
improved as far as providing additional buffering to the properties to the north as well as
providing access to properties to the east. Right had turn lanes in every direction would be a
Page 3 of7
k:\council\minutes\temporary minutes work area\cc-12-16-08min.doc
request we should forward to ACHD. If the northern collector road is obtained the landscaping
and the wall should still be required. Hours of operation are discussed in relation to back up
beepers. Discussion.
Don Forrest addresses the revised delivery times proposed by Council.
JoAnn Butler addresses Council member Semanko's question about being annexed by the City of
Eagle not the City of Meridian. Butler directs Semanko to the development agreement that gives
a 24 month time frame for developing a path of annexation. Buxton would like changes in 2.1 to
state that the applicant will not pursue annexation with the City of Meridian during the terms of
the development. Discussion regarding changing the length of time allowed for the development
agreement.
Don Forrest comments on the collector road status. Mr. Forrest notes that the discussion of this
north collector road, that has just come up less than two weeks ago. They have not had the
opportunity to study it other than in just a basic concept. The traffic report that they submitted in
conjunction with the application studied what we showed you with this development in its
current configuration as it is being proposed, not with buildings moved or a collector road
etcetera. It's fair to say that any collector road to the north of this development would not be for
the benefit to this development. Discussion.
Craig Eisenberg states that their intent all along has been to work through the process with
ACHD. As stated earlier this northern road issue just came up two weeks ago. The traffic plan
brought forward has been thoroughly studied. It is their plan to move forward and work with
ACHD, it is just a matter of going through the process.
Council discussion. Huffaker states we could put in the development agreement that we want
ACHD to pick the most optimal site, for wherever that road it to hit Linder, but that we expect
them (ACHD) to give due consideration to what they have already given to us in letters that have
addressed to us as part of this application. Semanko sees no problem with Huffaker's proposal
and has no problem with acknowledging that ACHD has exclusive jurisdiction over that decision
as well.
Huffaker would like all of his previous comments about "shalls, mays and should" to be included
in the motion, also the paragraph 3.6 as far as the backup indicators and noise. In the very least
we want none of the sirens, indicators etcetera that it has already listed there cannot be used in
any way that violates our City's noise ordinance. Deliveries are recommended from 7:00 a.m. to
10:00 p.m. and outside of those hours it shall comply with Eagle City Code.
Semanko moves to approve CP A-05-08 Comprehensive Plan Map & Text Amendment
from Mixed Use and Professional Office to Commercial. Seconded by Huffaker. THREE
AYE. SHOUSHT ARIAN NAY. . MOTION CARRIES. Shoushtarian believes we are not
looking at the big picture for the purpose of the comprehensive plan. When we are allowing this
kind of changes to our comprehensive plan maybe it is time to revisit our Comprehensive Plan.
And the residents of the city of Eagle they have some kind of comment on the comprehensive
plan and is it really time for us to revisit the Comprehensive Plan
Semanko moves to approve the Annexation & Rezone with Pre-annexation/Development
Agreement - Eisenberg Company A-3-03/RZ-08-08 with the following changes to the
development agreement. In 2.1 that language is to be added to say "in no event will the
applicant annex to the city of Meridian during the term of this agreement." - and the 24
month shall be changed to 36 months in all places where it appears in 2.1. New paragraph
3.6 be inserted as recommend by staff from 7 am to 10 pm, and the additional language
with regard to following city code (city noise ordinance) outside those hours. 3.14 That
Page 4 of7
k:\council\minutes\temporary minutes work area\cc-12-16-08min.doc
"should" be changed to "shall", "shall include items such as seating areas, etc." Also
adding at the end of that "displayed in a manner that lends to establishing a common
theme or identity to the development as recommend by Design Review and approved by
Council." 3.22 Changed to upon completion ownership of the entry sign shall be conveyed.
The new language is to clarify ownership of the sign, not the land. 3.28 The beginning of
3.28 would be amended to add "contingent upon other alternatives not being required by
ACHD, the applicant shall work...." 3.29 The same change to 3.29 adding "contingent upon
other alternatives not being required by ACHD,..." 3.24 The language that is
recommended be adopted which would include the one pharmacy drive through and one
remote drive up A TM be included in 3.24. And then also that the new paragraph 3.19 be
included the remote A TM and pharmacy shall be designed to be aesthetically pleasing,
etcetera that Nichoel had read earlier. Changes to 3.28 The applicant understands that
Eagle prefers and will recommend to ACHD that a collector road be established at the
optimal location on or to the north of the property consistent with Eagle's Comprehensive
Plan. Eagle understands that ACHD has exclusive jurisdiction over this matter and that
the applicant does not waive its right to advocate for its preference with ACHD. 3.30
Huffaker would like to add a specific recommendation about the intersection that ACHD
and ITD has exclusive authority over deciding that, but that we are recommending the
applicant put in a right hand turn lane, in essence a 7th lane, in all four directions. 3.29
Staff to make it consistent in the motion and adjust the numbering as needed. Seconded by
Huffaker. Discussion. SEMANKO AYE; HUFFAKER AYE; SHOUSHT ARIAN NAY;
GUERBER AYE...THREE AYE... SHOUSHTARIAN NAY. MOTION CARRIES.
Shoushtarian explains that the size that dictate transition and traffic was not compromised and
connectivity also was not compromised and that is why his vote was nay.
Guerber moves to hear the public hearing at this time. Seconded by Huffaker. ALL
AYE...MOTION CARRIES.
7. PUBLIC HEARINGS:
A. CU-04-08 - Retail and Wholesale Sales Area for Landscapinl!: Products for Idaho
Concrete Companv: Idaho Concrete Company, represented by Jim Mihan with Beck and Baird
Engineering, is requesting conditional use permit approval to allow for a retail and wholesale
sales area for landscaping products. The 2-acre site is located 560-feet west of State Highway 55
at 2755 E. State Street. This item was continuedfrom the November 25, 2008 meeting. (TL V)
Mayor introduces the item.
Jim Mihanl523 W Hayes Boise Idaho representing Idaho Concrete Company. Mr. Mihan
reviews the application. They have no objections to the Planning and Zoning Commission's
findings of fact and conclusions of law. Mr. Mihan stands for any questions Council may pose.
City Planner Mike Williams reviews staffs recommendations.
Discussion regarding condition of approval regarding encroachment, length of conditional use.
Mayor opens the public hearing.
Mayor closes the public hearing.
Shoushtarian moves to approve 7 A CU-04-08 with the standard conditions of approval
including the newly added encroachment condition.. Seconded by Huffaker. ALL
AYE.. .MOTION CARRIES
Page 5 of7
k:\council\minutes\temporary minutes work area\cc-12-16-08min.doc
B. Public hearinl!: on proposed fees in relation park reservations. Staffis requesting
this item be continued to the January 13, 2009 meeting so that public hearing notification
requirements can be met.
B.1. Resolution No. 08-35: A resolution of the City Council of the City of Eagle, Ada
County, Idaho, setting park reservation fees for residents and non-residents, and providing an
effective date. This item was continuedfrom the November 25, 2008 meeting. Staffis
requesting this item be continued to the January 13, 2009 meeting so that public hearing
notification requirements can be met.
Guerber moves to continue items 7 Band 7B.l to January 13,2009. Seconded by Semanko.
ALLA YE.. .MOTION CARRIES.
B. Re-appointment to Desil!:n Review Board: The Mayor is requesting Council
confirmation of the re-appointment of Mark Butler to the Design Review Board. Mr. Butler's
term will expire in December 2011. This item was continuedfrom the December 9,2008
meeting. (PB)
Mayor introduces the item.
Discussion amongst the Council.
Huffaker moves to approve item 6B the reappointment to the Design Review Board of
Mark Butler. Seconded by Guerber. THREE AYE.. .ONE NAY (SHOUSHT ARIAN).
ALL AYE...MOTION CARRIES.
City Attorney reiterates the role of liaisons. Liaisons are not to participate with regard to the
Boards, they are really to gather information and come back. There is no official capacity of any
one City Council member being a liaison they are really just somebody who has taken an interest
in that topic. The Council members may not act on behalf of the City Council, you can provide
information on past votes or past things that have come up to City Council, but not give input as
to what you may do or how you may vote or participate in what those Boards are doing.
Discussion.
Shoushtarian would like to no longer serve as liaison for the Design Review Board. Liaison
assignments are reviewed and discussed each January. Staff is asked to place liaisons on a
January agenda.
C. Minutes of September 23, 2008. This item was continued from the December 9, 2008
meeting. (AS)
Mayor introduces the item.
Shoushtarian has met with the City Clerk and is fine with the changes.
Huffaker moves to approve item 6C minutes of September 23, 2008. Seconded by
Shoushtarian. ALL AYE...MOTION CARRIES.
8. NEW BUSINESS: None
9. ADJOURNMENT:
Guerber moves to adjourn. Seconded by Semanko
CARRIES...
ALL AYES: MOTION
Hearing no further business, the Council meeting adjourned at 11: 15 p.m.
Respectfully submitted:
Page 6 of7
k:\council\minutes\temporary minutes work area\cc-12-16-08min.doc
Ja14Dk-
TRACY E. B RN,
SR. DEPUTY CLERK/TREASURER
A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT EAGLE
CITY HALL
Page 70f7
k:\council\minutes\temporary minutes work area\cc-12-16-08min.doc