Loading...
Minutes - 2009 - City Council - 12/15/2009 - Regular EAGLE CITY COUNCIL Minutes December 15, 2009 ** Early Start Time ** NO PUBLIC HEARINGS WILL BE HEARD PRIOR TO 6:30 P.M. REGULAR COUNCIL AGENDA: 5:30 p.m. 1. CALL TO ORDER: Mayor called the meeting to order at 5:45 p.m. 2. ROLL CALL: HUFFAKER, SHOUSHTARIAN, SEMANKO, JACKSON-HEIM. All present. A quorum in present. 3. PLEDGE OF ALLEGIANCE: Council Member Semanko leads the Pledge of Allegiance. PUBLIC COMMENT: Scott Trosper, having attended these meetings for a while,these meetings run a long time. 1 looked at what was currently on the web site for the City of Eagle and the guidelines state the applicant has ten minutes. The people testifying are held to a minimum and if we could follow the guidelines set by the City then people who show up later would have a chance to speak. 4. EXECUTIVE SESSION: A. Pending and Threatened Litigation: I.C. 6723 (f) Mayor introduces the issue. City Attorney: The Executive Session is for the Pooley matter, Ringo Ridge code enforcement and ITD v City of Eagle. Huffaker moves to go into Executive Session in accordance with I.C. 6723(1) to discuss the three pieces of litigation the City Attorney just mentioned. Seconded by Jackson-Heim. Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE; Jackson-Heim: AYE: ALL AYES MOTION CARRIES Council goes into Executive Session at 5:46 p.m. Council discusses the Pooley matter, Ringo Ridge code enforcement and ITD v City of Eagle. Council leaves Executive Session at 6:30 p.m. Jackson-Heim moves that the City Attorney be directed to proceed with any relevant collection proceedings in the Pooley matter. Seconded by Huffaker. Semanko: for clarification,that would be collection on the Judgment in the Pooley matter and attorneys fees awarded to the City. ALL AYES: MOTION CARRIES 5. REPORTS: 1. Mayor and Council Reports: No report 2. City Clerk/Treasurer Report: No report 3. Zoning Administrator's Report: No report 4. Public Works Director Report: No report 5. City Attorney Report:No report Page I K.\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-12-15-09min.doc 7. 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. Beer and Wine license: Walgreens Co. dba: Walgreens #01221 is requesting a beer and wine license for off premises consumption to be utilized at 3212 E. Chinden Blvd. (SKB) C. Minutes of December 8,2009. City Clerk: I had trouble with the audio on the December 8th meeting so the minutes are not done and they need to be removed from the Consent Agenda. The minutes will be on the first meeting of January. Shoushtarian removes Item#7A. Huffaker removes Item#7C to be continued to the next meeting. Shoushtarian moves to approve the Amended Consent Agenda,Item#7B. Seconded by Jackson-Heim. ALL AYES: MOTION CARRIES A. Claims Against the City. Shoushtarian: I want to clarify one thing, the Grant Matching Fund for the Senior Citizen Center. I am concerned about the title because the title is not clear. General discussion. Shoushtarian moves to approve the Claims Against the City. Seconded by Jackson-Heim. Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: Jackson-Heim: AYE: ALL AYES: MOTION CARRIES 8. PROCLAMATIONS & RESOLUTIONS: None 9. UNFINISHED BUSINESS: None 10. NEW BUSINESS: A. Addendum to Saturday Market Managers Contract: (LB) Mayor introduces the issue. Linda Butler, President of the Arts Commission, with the new Contract that we have with the Saturday Market Manager we have to do an amendment to the Contract for events other than the Saturday Market. I'm here to answer any questions that you have. General discussion. Huffaker moves to approve the Addendum to Saturday Market Managers Contract. Seconded by Jackson-Heim. Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: Jackson-Heim: AYE: ALL AYES: MOTION CARRIES B. Ordinance No. 637 (Stockstill): 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 The City Of Eagle, Idaho; Changing The Zoning Classification Of Said Real Property Described Herein From RUT(Rural-Urban Transition)To R-E-DA (Residential- Page 2 K.\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-12-I5-09min.doc Estates With A Development Agreement); Amending The Zoning Map Of The City Of Eagle To Reflect Said Change; Directing That Copies Of This Ordinance Be Filed As Provided By Law; And Providing An Effective Date. (WEV) Mayor introduces the issue. Zoning Administrator: Huffaker 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#637 be considered after being read once by title only. Huffaker reads Ordinance#637 by title only. Seconded by Jackson-Heim. ALL AYES: MOTION CARRIES Huffaker moves that Ordinance#637 be adopted. Seconded by Jackson-Heim. Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE; Jackson-Heim: AYE; ALL AYES: MOTION CARRIES C. EXT-21-09-Final Plat Extension of Time for Lakemoor Subdivision No.3—DMB Development LLC: DMB Development, LLC,represented by Dan Torfin, is requesting a two (2)year extension of time for the final plat approval for Lakemoor Subdivision No. 3, a 52-lot (46-buildable, 6-common)residential subdivision. The 12.35-acre subdivision is located on the east side of S. Eagle Road approximately one-half mile south of Chinden Boulevard. (WEV) Mayor introduces the issue. Dan Torfin, representing the applicant, I'm here tonight to request an extension. Lakemoor No. 3 is part of a master plan. We are busy with No. 1 and No. 2 and we feel that it will be a couple of years out before we will need any more lots. That is the reason for the two year request. General discussion. Council discussion on establishing a procedure for extensions of time. Semanko moves to approve this applicant for a two year extension. Seconded by Jackson- Heim. THREE AYES: ONE NAY: SHOUSHTARIAN: NAY: (I think we should stick to one year for all extensions). MOTIN CARRIES D. EXT-22-09—Final Plat Extension of Time for Bellemeade and Bellewood Subdivisions- Thomas M.Ricks: Thomas M. Ricks is requesting a one (1)year extension of time for the final plat approvals for Bellemeade Subdivision, a 42-lot(30-buildable, 10-common, 2-existing homes to remain) and Bellewood Subdivision, a 21-lot(14-buildable, 6-common, 1-existing home to remain) planned unit development. The 15.75 acre site is located on Lots 1-2, Block 1, and Lot 2, Block 2, of Flint Estates Subdivision at 312 North Park Lane, 3850 West Flint Drive and 3855 West Flint Drive. (WEV) Mayor introduces the issue. Planner Williams: provides an overview of the request for extension of time. Jackson-Heim moves to approve EXT-22-09—Final Plat Extension of Time for Bellemeade and Bellewood Subdivisions one year extension of time. Seconded by Huffaker. Discussion. ALL AYES: MOTION CARRIES E. EXT-23-09-Final Plat Extension of Time for Bottlecreek Subdivision (formerly Park Lane Estates)—Chad Moffat: Chad Moffat, represented by Eric Cronin with The Land Group, Inc., is requesting a one-year extension of time for the final plat approval for Bottlecreek Subdivision (formerly Park Lane Estates), a 12-lot(7 residential, 5 common)residential Page 3 K\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-12-I5-09min.doc subdivision. The 5.14-acre site is located approximately 2,000 feet north of W. Floating Feather Road on the west side of N. Park Lane at 1835 N. Park Lane. (WEV) Mayor introduces the issue. Chad Moffat discusses the need for an extension of time. Semanko moves to approve this request for extension of time. Seconded by Huffaker. ALL AYES: MOTION CARRIES F. EXT-24-09—Preliminary Plat Extension of Time for Anglers Hamlet Subdivision— Roylance Investments,LLC and Five R Investments,LLC: Roylance Investments, LLC, and Five R Properties, LLC, represented by Dave Roylance with Roylance Investments, LLC, is requesting a two(2)year extension of time for the preliminary plat approval for Angler's Hamlet Subdivision, a 42 lot(37-buildable, 5-common) single-family residential subdivision. The 10 acres is located approximately 400 feet southwest of the intersection of N. Park Lane and State Highway 44, on the south side of W. Old Valley Road at 4171 W. Old Valley Road. (WEV) Mayor introduces the issue. Dave Roylance, representing the applicant, the only reason I am asking for a two year extension of time is that is important in this market. I live in the City of Eagle and I am a good care taker of the property. General discussion. Planner Williams discusses Staff's analysis on the extension of time. Staff's main concern is the collector. This condition was also placed on the extension of time they were granted last year. General discussion. Huffaker moves to approve EXT-24-09—Preliminary Plat Extension of Time for Anglers Hamlet Subdivision along with the condition that is in the staff recommendations. The motion is for two years. Seconded by Jackson-Heim. THREE AYES: SHOUSHTARIAN: NAY: (for the same reason as previous). MOTION CARRIES G. EXT-25-09-Final Plat Extension of Time for Obsidian Subdivision—Chad Moffat: Chad Moffat is requesting a one-year extension of time for the final plat approval for Obsidian Subdivision, a 30-lot(24-buildable, 6-common)residential subdivision. The 14.6-acre site is located on the west side of North Park Lane approximately one-half mile north of Floating Feather Road at 1835 North Park Lane.(WEV) Mayor introduces the issue. Chad Moffat discusses his reason for requesting an extension of time. General discussion. Semanko moves to approve a two year extension from the previous expiration until November 27,2010. Seconded by Huffaker. TWO AYES: TWO NAYS: MAYOR: AYE: MOTION CARRIES 11. PUBLIC HEARINGS: A. A-04-09/RZ-04-09—Annexation and Rezone from RUT (Rural-Urban Transition—Ada County designation) to MU-DA (Mixed Use with a development agreement)- Capital Development,Inc.: Capital Development, Inc., represented by Dave Yorgason, is requesting approval of an annexation and rezone from RUT(Rural-Urban Transition-Ada County designation)to MU-DA(Mixed Use with a development agreement). The 110.56-acre site is Page 4 K\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-12-15-09min.doe generally located on the west side of S. Meridian Road and the north side of W. Chinden Boulevard (Highway 20/26) approximately 835 feet west of S. Meridian Road. (WEV) B. CPA-07-08/A-05-08/RZ-11-08—Comprehensive Plan Map and Text Amendment from Public/Semi-Public and Transitional Residential to Mixed Use,Professional Office,and Transitional Residential and an Annexation and Rezone from RUT(Rural-Urban Transition-Ada County Designation) to MU-DA (Mixed Use with a development agreement) for Wilson Properties,L.P. and Wilson Holding,LLC: Wilson Properties L.P. and Wilson Holdings,LLC, represented by Gene Shaffer with CSHQA, is requesting a Comprehensive Plan Map and Text Amendment to change the land use designation on the Comprehensive Plan Future Land Use Map from Public/Semi-Public and Transitional Residential to Mixed Use, Professional Office, and Transitional Residential, and to amend the language in the Rim View Planning Area; an annexation and rezone from RUT(Rural-Urban Transition—Ada County designation)to MU-DA(Mixed Use with a development agreement). The+/- 83.79-acre site is generally located at the northwest corner of N. Fox Run Avenue and Chinden Boulevard(Highway 20/26)at 6479 N. Fox Run Avenue and 990 W. Chinden Boulevard. (WEV) Mayor introduces the issue. Planner Williams: We ask that both of these be heard together with separate decisions. General discussion on the guidelines for public hearings. Council concurs to go until 10:00 p.m. for testimony. City Attorney: we received an inquiry so I would like to ask a question of the Mayor and Council. Has anyone had any ex parte contact with either the applicant or anyone in the public with regard to either of these two applications that we are going to be hearing tonight. General discussion. Does anyone have any pecuniary interest within the second degree of consequently or economic interest with regard to either of these parcels or development? (Negative response from Mayor and City Council) Charlie Wilson, my family own Fox Tail and runs it. We have put together a good team to do the presentation tonight. Robert Banks, 1542 N. Parkforest Way, representing the applicant,we have been at this for over a year and have spent hundreds of thousand dollars. I am nervous about taking something so important and cutting down the presentation. Displays overhead slides and provides Council an overview of both projects. Mike Mooney, Bank of the Cascades, discusses his credentials and provides information about the project. I am part of the team and hope to finance this project when approved. Robert Banks: continues his presentation. Dave Yorgason, Capital Development, provides an overview of the application. General discussion. Robert Banks discusses the changes to the comp plan. Bob Mitchel, 925 W. Bankside Dr., Eagle, discusses the size and viability of the retail locations on this site. Discusses density. Robert Banks: continues his presentation. Page 5 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-12-15-09min.doc Planner Lowe: provides an overview of the application. General discussion. Planner Williams: addresses the residential portion of both developments and the portion of the Wilson development. General discussion. Mayor calls for a recess at 8:50 p.m. Mayor reconvenes the meeting at 9:00 p.m. Mayor opens the Public Hearing Lee Swider, 7176 N. Spring Crest, in the interest of time I want to give my spot to Phil Broadbent. Phil Broadbent, 913 River Heights Drive, Meridian, north of this development. My development is made up primarily of 5 acre lots. The developers have mainly worked with Fox Tail and not the other subdivision. I am an attorney and have just moved to the area and I am pro- development. I think this should be annexed into the City of Eagle. Owners have a right to develop their property but I think the application before you is inappropriate. Discusses how he feels the area should be developed. General discussion. Larry Swider, 7176 Spring Crest Place,they have had no discussion with anyone in my subdivision as far as I know. I'm very concerned about the impacts to our quality of life. What is the purpose of the comprehensive plan? Why is there no mention of parks in this development? I have been involved with West Valley Little League here in league and our fields are the laughing stock of the valley. I urge you to slow down and think about this. Scott Trosper, 7110 Spring Crest,we have been at this for a few years now. No one wants to talk to us. We have tried to offer up a proposal but no one wants to talk to us. There is no reason for them to compromise to our quality of life. Discussion on the comp plan. Discusses the access onto Chinden. Discussion on transition. Judith Erdman, 7283 Windward Drive, distributes a letter from Roger and Claudette Ottman to the Council. I want to agree with what Phil and Lee have said. No one has ever come to me to talk about this. Judith reads her testimony into the record. There is enough shopping in the area, there is no need for this development. Brian Schuman, 6620 N. Fox Run Avenue, I'm here representing Foxtail Homeowner's Association, displays overheads, discussed the comp plan changes to these properties and discusses the proposed development. Discusses the changes that they would be willing to accept. Alan Hall, 1011 River Heights Drive, Meridian, my property is next to the golf course. My concern is density. I don't consider myself as part of Eagle. I think most people think of this area as Meridian not Eagle. Mimi Plum, 854 River Heights Drive, Meridian, I am opposed to both developments because of the density. I would ask the Mayor and City Council to consider the impact on the area. Hal Bunderson, 582 River Heights Drive, Meridian, in the area of impact of Eagle but here subject to one day being part of the community. I speak in favor of the applicants. We have heard presentations on personal property rights. We saw a video that shows the gradual shrinkage of Eagle's area of impact that has gone to Meridian. This land should be part of Eagle. Terri Bath, Eagle Chamber of Commerce, reads a letter from the Board and the Economic Development Committee into the record. Dan Rozsa, 593 W. Gray Fox Court, discusses the development of the project. The developer has worked with us. We support development in the area. Why expand the gateway? They are Page 6 K.\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-I2-I5-09min.doc not planning on developing for a few years. I have made a request for mediation and have given a copy of the request to the City Attorney, Susan Buxton. Provides Council an overview of the request for mediation. Curtis Laser, Sugar Plum Avenue,I agree with most of what Phil said. We would be much better served to have the area annexed by Eagle than Meridian. I like Capital Development and I think they have done a really good job. My problem is the density. Discusses the berm. Dennis Kelly, Carriage Lane, Boise, I know the applicants and I have been watching this process. Discusses the history of the area he lives in by the Mall. Council discusses whether or not rebuttal should be heard tonight. Robert Banks,I appreciate the concern of finishing as early as possible. We have a concern about the Holidays coming up and the other concern is the change that is going to take place in Council. City Attorney Buxton: addresses the issue of mediation and the issue of a new Council Member being seated in January. Don Knickrehm, Discusses the issue of mediation. I am going to argue that you shouldn't do the mediation. Almost everything in this letter speaks to a legal issue and not suitable for mediation. I am a certified mediator, so I understand mediation. Don provides some history on the mediation request. Dan Rozsa, our request is mediation with the Council not the applicant. City Attorney Buxton: there are two requests for mediation. I did talk to Mr. Rozsa when I received this. Discusses the mediation statute. Phil Broadbent,the purpose was not to request mediation; it was to have you require continued meetings. I'm not sure if mediation would be necessary at this point. General Council discuss on hearing the rebuttal. Huffaker moves to leave the public hearing open for the sole purpose of having those discussions limited to any further conversation that occur between the applicant,the neighbors and Staff and that we hear rebuttal on January 12,2010. Seconded by Semanko. ALL AYES: MOTION CARRIES Zoning Administrator Vaughn: discusses dates for special meetings in January. 12. ADJOURNMENT: Huffaker moves to adjourn. Seconded by Shoushtarian. ALL AYES: MOTION CARRIES Hearing no further business, the Council meeting adjourned at 10:50 p.m. Respectfully submitted: ,,�1%111�������, ■ �••', stOFE,9 ''•,, SHARON K. BERGMANN I OAP OR 1 i CITY CLERK/TREASURER * ': • • * 1.1- SEALQ APPROVED: ;`P� ••ORPORATF��'O ••.,y),'•.•••.•• 4o k'O F.O,,,***, , Page 7 K\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-12-15-09min.doe PHILLIP J. BANDY MAYOR A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT EAGLE CITY HALL Page 8 K.COUNCIL\MINUTES\Temporary Minutes Work Area\CC-12-15-09min doc Cc- a 45 vef Roger Ottman, M.D. 1100 River Heights Drive, Meridian, Idaho 83646 To: Eagle City Counsil December 15 meeting 660 E. Civic Lane PO Box 1520 Eagle, Idaho 83616 Re: CPA - 07-08/A-05/08 Wilson Properties , L.P. and Wilson Holdings , LLC. A/04/09 & RZ-04-09 Capital Development , Inc. development on Chinden and Foxtail area As residents imediatelly adjacent to this proposed development we are OPPOSED. The reasons: 1. This proposed project would result in decreased property value for homeowners. This would hurt the local government in the short term with decreased tax revenue, and will hurt homeowners in the future when properties are sold. 2. There is too great of contrast between large expensive homes and proposed commercial development. 3. There is an inadequate buffer zone. 4. There is woefully inadequate road access for high traffic development. Public officials have an obligation to respond to local opinion ---in contrast to vested interests of the commercial non -local developers. Profits from this development would not remain in local community. Our large local tax burden requires that our voices be heard. Remember lessons from our American history. Our forefathers revolted because of "taxation without representation" Our country is founded on the principle that public elected officials are responsive to their electorate. Roger Ottman M.D. Claudette Ottman December 15, 2009 Eagle City Council 660 E. Civic Lane P.O. Box 1520 Eagle, Idaho 83616 Introduce self & give address RE: CPA-07-08/A-05-08/RZ-11-08 Wilson Properties, LP. and Wilson Holding, LLC. A-04-09 & RZ-04-09 — Capital Development, Inc. Good evening, Mayor and Commissioners, For the past 10 years my neighbors and I have been involved in all the public hearings that would affect the area where we live, some of us having lived here for 35 years. There is not a good turn out tonight because my neighbors are worn down and worn out. Time and time again we were here for hours and hours, not paid for our time like some, and often very discouraged. We all do care what happens in our back yards and have tried to help formulate change that is right for the future. What we all desire is that you have a greater vision for this area than what is being proposed. At the Eagle City Council meeting last December parts of the Comprehensive Plan were brought up again for the Council's attention: --property rights must balance with the rights of neighbors --maintain rural feel --transition and feathering to the existing properties It seems like these were the right words to write into the Plan, but does anyone really believe those items are important? If you read the letters in your files, you know all the reasons that we opposed the huge commercial development on the corner (from the Compehensive Plan of 15 acres now up to 40 acres.) If you pass this Wilson Property request it will destroy the intent of Eagle's Comprehensive Plan. Lynne Sedlacek was once quoted as saying, "Eagle didn't get to be what it is today by letting developers establish what we want." I believe that approving the commercial development on the corner of Chinden and Eagle Roads was a mistake because not all the facts came out and the some of the ones that did were downplayed. Now because there are problems with access to this property, the Wilson property has been brought into the formula. To right this wrong the dynamics would become worse for the road system and for the neighbors. It would be devastating that this beautiful piece of Idaho would be forever destroyed to promote even more commercialism which is so adamantly opposed by the neighbors. PLEASE consider the beauty of this golf course property. The proponents for developing this property keep talking about this whole corner being a "Gateway to Eagle." How many people will say, "Wow, isn't this commercial area great for Eagle"? It will just be another congested, noisy shopping center. Instead, l am asking you to purchase this property. Keep the golf course and maybe even expand it...OR better yet, keep it as a park. Now that would truly make a statement about Eagle! It would be a crime to destroy the mature trees, shrubs and ponds of that property for commercial gain when it could be a blessing for many, many generations to come. Regarding Capital Development's request for annexation and rezone, I want to state that the Yorgasons are first-class developers and I trust them to continue such high standards. My only concern is with the rezone for Mixed Use and the fact that there would be only 1 -acre lots adjacent to our 5+ acres rather than what was stated in the Comprehensive Plan of at least 2 -acre lots for transition. People say that God and politics don't mix, but I believe they do so I am praying for each of you, and specifically about these decisions that you will be making this evening. Thik you for your time, p -40/40dvi /Judith Erdman Cc f,,1 .-/ s' -c.2? December 15, 2009 Susan Buxton City of Eagle 660 E Civic Lane Eagle, ID 83616 Dear Susan, In our request for mediation concerning the re -zoning proposal under items CPA-07-08/A-05- 08/RZ-11-08 — Wilson Properties, LP and Wilson Holdings, LLC and A-04-09 & RZ-04-09 Capital Development, Inc in the Rim View Impact area we identified several items that we wanted to include. In discussing this further with our board, we would like to provide a modified list of items to be mediated. I make this request under Idaho Code 67-6510 MEDIATION, which allows affected persons to request mediation during any point of the decision-making process. 1. Proper representation of the impact area. The process needs to be restarted because of lack of representation, not only for the Wilson Properties and Capital Development proposal, but also for the Eisenberg proposed development. a. Due to the exclusion of Mr. Villegas, the impact area is not longer represented as outlined in Idaho Code 67-6526, Areas of City Impact_ The Rim View Impact Area needs to be represented in these matters as provided for by state law. b. It has also come to our attention, that Mr. Aizpitarte has a conflict of interest in this matter and should also be excluded from the process c. In our research, we have also discovered that the Area of Impact was not represented in the Eisenberg proposal either. The above individuals should have been excluded from this process due to conflicts of interest. 2. Improper Representation: It appears that Members of the Chamber of Commerce are signing people in that are not in attendance. This has affected the City Council votes. (City Council members have commented that it looks like the public is split on various matters. Signing people in who are not in attendance deliberately misleads the city council . ) 3. Cooperation with developers: While we have made significant progress, there are still significant items that need to be resolved. 4. City of Eagle a. The City of Eagle has not worked in good faith in representing the needs of the Rim View Impact area. The Rim View neighborhoods supported increased commercial development in the Rim View Impact Area if the City of Eagle Planning and Zoning and City Councils would limit that development as outlined in the Eagle comprehensive plan from 2006. These commitments have been completely ignored. b. Idaho Code 67-6510 Mediation states that "During mediation, any time limitation relevant to the application shall be tolled." It is my understanding that since Mayor Bandy as agreed to the meditation, the proposal process needs to be tolled until the mediation is complete or the parties are notified that mediation is no longer necessary. According to this code, the Wilson Properties and Capital Development proposals should not be eligible for the City Council agenda until after this mediation issue is resolved. c. Both Capital Development and Wilson Properties have mentioned they have been working with the City Council and that the City will "give them whatever they want so they can access the corner of Chinden and Linder. Wilson representatives have also claimed this in previous hearings. According to the City Attorney, this not only represents a conflict of interest but it is illegal. As mentioned in my previous e-mail, we are scheduling a neighborhood meeting to discuss our request for mediation and available dates for us to meet with the parties involved. ely, ( Rozsa Foxtail Homeo ers Association Eagle , Chamber of Commerce i. L W I Dili - December 14, 2009 Mayor Phil Bandy Eagle City Council Members 660 Civic Way Eagle, ID 83616 Dear Mayor Bandy & City Council Members, She Litt with more right outside your door. Bob Banks, representing Capital Development and Wilson Properties made a presentation to the Eagle Chamber of Commerce Economic Development Committee regarding the potential development of the NEC of Linder and Chinden for annexation & zoning request. At this presentation the Eagle Chamber of Commerce Economic Development committee was asked to endorse this project. A vote was taken and unanimously passed in favor of supporting the proposed development. At this time we are requesting approval of this project for the following reasons: 1. This is a great opportunity for Eagle to improve in strategic growth by allowing for the expansion of Eagle City limits, creating jobs for the citizens of Eagle, and as a tax base for a sustainable and financially stable budget. 2. The opportunity to lock down the Southwest entrance into Eagle. This strengthens the ,"Gateways" into our community. Eagle is being encroached on by the City of Meridian as they grow north. Meridian has already jumped north of Chinden and annexed the northwest corner of Chinden and Linder and extends west all the way to BlackCat. It is of the upmost importance that Eagle retains the North East quadrant. 3. The sustainability of this project is based upon current and future surrounding area communities' residential population trade area. The key word here is future growth because as the valley continues to grow into the future this area will become an integral part of a much needed commercial marketplace. 4. Chinden Boulevard is being designated by most of the planning organizations around the Boise Valley as a major arterial carrying a large amount of traffic. When considering approval or disapproval, of the proposed development, some thought may be weighed on the benefits of this development gaining approval in the City of Eagle. P.O. Box 1300 • 597 E. State Street 208.939.4222 www.eaglechamber.com Eagle, Idaho 83616 fax 208.939.4234 eaglechamber@eaglechamber.com 1. Taxes into the coffers of Eagle 2. Design based on Eagle design standards 3. Voice on Traffic councils i.e. ITD and ACHD for the Chinden corridor 4. Convenience for the citizens for all the surrounding neighbors 5. Less congestion on Eagle Road 6. Less air pollution keeping the Boise Valley out of non -attainment Keep in mind the Fox Tail Golf course is already designated for expansion in the City of Meridian, consequently, this consortium can potentially move the project and any of the remaining three corners of the quadrant for annexation to the City of Meridian. This development, in the chambers opinion, WILL happen, it is just a matter of whether it happens in Eagle or happens in Meridian. If the project moves to Meridian, Eagle will inherit any potential consequences of a project of this magnitude with no means of control or abilities to pay for any of the issues which may arise from a development of this significance. For all the reasons mentioned above the Eagle Economic Development Committee and the Eagle Chamber of Commerce Board of Directors are requesting the Mayor and Eagle City Council to move this project forward and give approvals to these landowners. Keep in mind, as this project moves forward the amount of residential and commercial development will not materialize overnight and instantly produce all the components of this development. Customer counts and traffic flow will grow as the development grows over time. Thank you for your time and consideration for this project. Sincerely, 96da Teri Bath Lee Schrac President Chairman Economic Development Committee EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP A-04-09/RZ-04-09 — Annexation and Rezone from RUT (Rural -Urban Transition — Ada County designation) to MU -DA (Mixed Use with a development agreement) - Capital Development. Inc. NAME CJ U7/ ?an LzeL 11-1 Out -6 - December 15, 2009 ADDRESS qv( O spf 7) (,M ou arI 0 ::1771el& (o rJ qK AVE i(( P7- 71 -6,Y CS, _f) S'5- /,r�.vel- / e211 e.0 7 17/1 lN�n��� kJ� 6, eiv rddt , atok f oIL 6R0N)13ENT 9(3 R;,rer14zij �s I�r TESTIFY YES/NO \)j �es (Cs eJ/ Pa ycs PRO/ CON or NEUTRAL Cer\ CL" Cc I) 6,971 Cn/ 06V Pre EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP CPA_07-08/A-05-08/RZ-11-08 — Comprehensive Plan Man and Text Amendment from Public/Semi-Public and Transitional Residential to Mixed Use, Professional Office. and Transitional Residential and an Annexation and. Rezone from RUT (Rural -Urban Transition -Ada Countv Desi2nationl to MU -DA (Mixed Use with a development, aureementl for Wilson Properties. L.N. and Wilson I-loldin2. LLC December 15, 2009 NAME � 51.1))dpi Lacr\itmott( i G\ 12ozfil JcccI Ette /Pan aid01-7-0 griti;i k. Sit-�•�� \i bn-A-1 /.s 4 -"/7416 7,47 ADDRESS • 4m -7'7r_ -4`tr-)�� 1\'?i(6v1��Qk ,tV I 2 -?i TESTIFY PRO/ CON or YES/NO NEUTRAL rutO g3(c ‘t" 5�t -7) c) C-7/ to 6 tie5 ti b e2 S-3CeLtir E i (arc/ if V e5 \Its H-%5- 7- (QL, tJ x Z� / 14; zq ' 1 s 6 Pa/LA 4 {amu it- 13R4D3r/' i `�i3 ��verte��1,1-1-'ster MU COW