Minutes - 2002 - City Council - 03/26/2002 - RegularEAGLE CITY COUNCIL
Minutes
March 26, 2002
PRE-COUNCIL AGENDA 6:30 p.m.- 7:30 p.m.
Pastor Dave Collins provides Council an overview of the Cinco de Mayo celebration that is
going to be put on May 4 in Heritage Park, noon until 5:00 p.m.
Barry Marcus: Discusses the Eagle Bypass Intersection. General discussion. Council instructs
the City Attorney to send a letter to lTD. Discussion on the traffic studies done by Compass.
Harry Marks, Power Enterprising, discusses Eagle's requirement for 3" caliper trees. Most 3"
caliper trees come from Oregon and they are not raised locally. They may go 3-4 years before
the trees begin to die. 3" caliper trees are hard to come by and I'm requesting that Council
consider changing their requirements. General discussion. Harry will work with staff to set up a
tour of nurseries for Council.
1. Mayor and Council's Report: Moved to end of Agenda
2. City Engineer Report: Moved to end of Agenda
3. City Clerk/Treasurer Report: Moved to end of Agenda
4. Zoning Administrator's Report: Moved to end of Agenda
5. City Attorney Report: Moved to end of Agenda
REGULAR COUNCIL AGENDA: 7:30 p.m.
1. CALL TO ORDER: Mayor Yzaguirre called the meeting to order at 7:40 p.m.
2. ROLL CALL: MERRILL, BASTIAN, SEDLACEK, GUERBER. All present. A
quorum is present.
3. PLEDGE OF ALLEGIANCE:
4. 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
Council Member, 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 Rules of
Order.
· 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. Minutes of March 12, 2002.
C. Minutes of March 19, 2002.
D. DR-3-02 - Affordable Elderly Housing Apartment Facility - Mercy Housing
Idaho Inc.: Per City Council request, all design review applications are to be
appealed by the Zoning Administrator to the City Council for their review prior
to the action taken by the Design Review Board on an application being final.
Mercy Housing Idaho Inc., represented by Pete Rockwell with Glancey -
Rockwell and Associates, is requesting design review approval to construct a
14,700-square foot elderly housing apartment facility (20-units). The 1.01-acres
site is located on the east side of Eagle Road approximately 1,760-feet north of
State Street at 544 North Eagle Road.
E. DR-4-02 - Common Area Landscaping within Cavallo Estates - Joe
Glaisyer/Capitol Securities: Per City Council request, all design review
applications are to be appealed by the Zoning Administrator to the City Council
for their review prior to the action taken by the Design Review Board on an
application being final. Joe Glaisyer/Capitol Securities, represented by David
Koga with The Land Group, is requesting design review approval of the common
area landscaping within Cavallo Estates Subdivision. The site is located on the
northwest comer of Floating Feather Road and Meridian Road at 3268 West
Floating Feather Road.
F. DR-5-02 - Monument Sign for Cavallo Estates Subdivision - Joe
Glaisyer/Capitol Securities: Per City Council request, all design review
applications are to be appealed by the Zoning Administrator to the City Council
for their review prior to the action taken by the Design Review Board on an
application being final. Joe Glaisyer/Capitol Securities, represented by David
Koga with The Land Group, is requesting design review approval of a monument
sign for Cavallo Estates Subdivision. The site is located on the northwest comer
of Floating Feather Road and Meridian Road at 3268 West Floating Feather
Road.
G. DR-6-02 - Common Area Landscaping within Autumncrest Subdivision -
Craig Petrie/Pacific Ridge: Per City Council request, all design review
applications are to be appealed by the Zoning Administrator to the City Council
for their review prior to the action taken by the Design Review Board on an
application being final. Craig Petrie/Pacific Ridge, represented by Jensen Belts
Associates, is requesting design review approval of the common area
landscaping within Autumncrest Subdivision. The site is located on the west
side of Ballantyne Road approximately IA mile south of Beacon Light Road at
2057 Ballantyne Road.
H. DR-9-02 - Monument Sign for Autumncrest Subdivision - Craig
Petrie/Pacific Ridge: Per City Council request, all design review applications
are to be appealed by the Zoning Administrator to the City Council for their
review prior to the action taken by the Design Review Board on an application
being final. Craig Petrie/Pacific Ridge, represented by Don Belts with Jensen
Belts Associates, is requesting design review approval of a monument sign for
Autumncrest Subdivision. The site is located on the west side of Ballantyne
Road approximately ~A mile south of Beacon Light Road at 2057 Ballantyne
Road.
I. Findings of Fact and Conclusions of Law for RZ-13-01 - Rezone from A
(Agriculture) to R-1 (Residential) - RADA Properties~ LLC: RADA
Properties, represented by Land Consultants, Inc., is requesting a rezone from A
(Agricultural) to R-1 (Residential - one dwelling unit per acre maximum). The
23.46-acre site is generally located on the southeast comer of Ballantyne Road
and Floating Feather Road at 1156 Ballantyne Road. (WE¥)
J. Findings of Fact and Conclusions of Law for PP-12-01 - Lockwood
Subdivision - RADA Properties~ LLC: RADA Properties, LLC., represented
by Land Consultants, Inc., is requesting preliminary plat approval for Lockwood
Subdivision. The 23.46-acre, 28-1ot (22-buildable, 6-common) residential
subdivision is generally located on the southeast comer of Ballantyne Road and
Floating Feather Road at 1156 Ballantyne Road. (WEV)
K. Findings of Fact and Conclusions for A-7-01 & RZ-12-01 - Annexation and
Rezone From RUT to R-1 & Rezone From A-R to R-1 - Capital
Development: Capital Development, represented by Steve Arnold with Briggs
Engineering Inc., is requesting an annexation and rezone from RUT (Rural
Urban Transitional) to R-1 (Residential - one dwelling unit per acre maximum)
and rezone from A-R (Agricultural-Residential) to R-1 (Residential - one
dwelling unit per acre maximum). The 18.68-acre, site is generally located north
of State Highway 44, approximately V2-mile west of Ballanytne Road at 2800
West State Street. (WEV)
L. Findings of Fact and Conclusion for PP-13-01 - Countryside West
Subdivision - Capital Development: Capital Development, represented by
Steve Arnold with Briggs Engineering Inc., is requesting preliminary plat
approval for Countryside West Subdivision. The 18.68-acre, 21-lot (18-
buildable, 3-common) residential subdivision is located north of State Highway
44, approximately V2 mile west of Ballanytne Road at 2800 West State Street.
(WEV)
Merrill removes the Minutes for March 12, 2002, from the Consent Agenda.
Bastian moves to approve the amended Consent Agenda. Seconded by Sedlacek. ALL
AYE: MOTION CARRIES .................
4B. Minutes of March 12~ 2002.
Merrill moves to continue the minutes of March 12, 2002, to the April 9, 2002, City Council
meeting. Seconded by Bastian. ALL AYE: MOTION CARRIES ................
Merrill moves to amend the agenda as follows: Add as Item #E. New Business-Appeal to
ITD Staff Letter; Item g9. Executive Session, Threatened Litigation; and Item #10.
Adjournment. Seconded by Guerber. ALL AYE: MOTION CARRIES ...............
Merrill moves to hear Unfinished Business as Item ~'/and the Public Hearings to be heard
as Item #6. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ..................
5. FINAL PLATS: None
6. PUBLIC HEARINGS:
A. CPA-2-01 - Comprehensive Plan Amendment from R-1 to Commercial - Gale and Ann
Schenk: Gale and Ann Schenk, represented by Land Consultants, Inc., is proposing a
comprehensive plan amendment to change the land use designation on the Comprehensive Plan
Land Use Map from Residential One (up to one dwelling unit per acre) to Commercial. The
13.42-acre site is located on the northeast comer of Linder Road and State Highway 44. (WEV)
Mayor introduces the issue and opens the Public Hearing.
Mayor swears in Mark Butler.
Mark Butler 52 N. 2nd Street, representing the applicant, displays overheads and provides
Council with an overview of the application. General discussion.
Planner Lowe: Displays a site plan and provides Council an overview of the project. General
discussion.
Mayor swears in John Moon.
John Moon, 9605 W. Beacon Light, this would be on my route coming home and this would be a
convenient location for commercial development. I am in favor of this. I would like to see a gas
station/convenient store in the location.
Mayor swears in Gale Schenk.
Gale Schenk, this is my property and being a resident on site I would like to state that this site is
not conducive to residential because of the noise and gas fumes. Discussion on annexation of
John Evan's property.
Mayor swears in Jim Riddle.
Jim Riddle, Boise, I am a friend of the Schenk's and I have visited the property several times and
this property would better be served as commercial. This would be uncomfortable for residents
if they lived on this site.
Mayor swears in Mike Hill.
Mike Hill, 4846 West Old Valley, I fully support the testimony given, this is not a residential
site. When the High School moved in the traffic increased. When the light went in the noise
level increased. General discussion.
Mayor swears in Mr. VanTreeck.
Mr. VanTreeck, 201 N. Linder, I have testified several times. We have lived at this comer/7
years and it is getting worse every day. I think commercial is the way to go. I would not be
opposed to the comprehensive plan change and would not be opposed to being annexed into the
City of Eagle.
Mayor swears in Gary Strickland.
Gary Strickland, 1040 N. Linder Road, I am fully for this commercial use. The Meridian School
District owns property on Linder Road and they have told me that they plan on having a bond
issue to building a school on this site.
Mayor swears in John Evans.
John Evans, 5699 N. Riffle Way, Garden City, I am developing the site that is immediately North
of this ama. I am assuming that shortly after the subdivision the platted it will be annexed into
the City of Eagle. I am assuming that this would be an annexation initiated by the City. The
subject site is not a site that is suitable for residential purposes. General discussion. Yes, I think
it would be all fight to annex the subdivision I am developing.
Mayor swears in Ann Schenk.
Ann Schenk, this is my property, at this time we do not have any offers or anything pending. It
makes sense that on this comer a convenience store would be suitable. We felt we needed to
take this step to get a comprehensive plan change. We see a neighborhood friendly commercial
development.
Mark Butler: Discussion on annexation of John Evans' subdivision. The City has the right to
annexation his subdivision. Discussion on the change of use of the other corner areas.
Mayor closes the Public Hearing.
General Council discussion.
Guerber: I was around in the 80's when the process began to reshape the comp plan. One of the
goals expressed at that time was we do whatever we can to identify and control where
development of commercial and the retail core of the City would be at and that was hopefully
going to be in the downtown area. What we didn't want to see was leap frog strip development
down State Street. Camille Beckman isn't really a retail its more of a manufacturing, light
industrial operation. I think the key on this is that we have a proposal that provides a real critical
aspect of this and that is something be done to insure that when decision are made about what
happens on this site the City of Eagle is involved it that and has a say in what is ultimately
develops here. Our goal was not to see movement of retail out side of that downtown core area
and not see the development of major/minor retail and commercial areas outside the downtown
core. This maybe appropriate for this particular site based on what we have heard on the
testimony tonight. In my mind if we go ahead and do this, which ! feel comfortable doing, if we
do indeed follow through with the annexation and have the ability to decide what is going to
happen there so we don't end up with the wrong kind of commercial development on this site.
Merrill: I never have once since ! have been elected made a motion or voted to change the
comprehensive plan and that has been based upon who I work for and that is what the citizens
have asked us to do when they came forward with the comprehensive plan. This site has been
one of those one that I have struggled with. If we do approve this for a comprehensive plan
change I have questions for the City Attorney. gl. in a comprehensive plan change that is being
proposed by an applicant can the City piggy back to add on a City initiated comprehensive plan?
#2. if this comprehensive plan change were to allow commercial we in our comprehensive plan
do not further define commercial into what types of commercial. Can be in a comprehensive
plan change define what type of commercial would be allowed on this property at this time or do
we have to stick with the zoning.
City Attorney Buxton: First question: What we have done in the past, we have delayed certain
applications for comprehensive plan change to let another application catches up. The Idaho
Code disallows comprehensive plan map changes in any greater frequency than six months. If
the City thinks other comprehensive map changes would be something the City would want to do
within that six month period then I would suggest that we talk to this applicant to see if they
would be willing to delay our decision on this so the other application could catch up so we
could do it all at once. With regard to your second question, ! think that would be a text change
you would put in the comprehensive plan language change and you can change that any time and
you could also put in the zoning when you actually rezone the property. You usually want your
zoning to be at least conforming to what you comprehensive plan says.
Merrill: Can the City limit the amount of commercial on this property in a comprehensive plan
change to a percentage of the property?
City Attorney: I don't see what not. It is a map change. If you want it be commercial for part of
it and residential for part of it ! think that would be something you could do in the comp plan.
Merrill: ! have not made my mind up on this issue. I believe there are a lot of issues to discuss.
Our laws bind staff. We have received an excellent staff report. On the other hand I believe the
applicant has also put forth some good arguments in allowing for commercial on this corner. I
am concerned about the type of commercial. Neighborhood commercial may seem appropriate.
Bastian: I have three items I want to review. 1. The condition or situation to warrant a change
being made. This is one of the conditions staff reviewed and came up with the answer that there
was not a condition or conditions that warranted a change. I believe that people who live in other
areas travel Linder Road to and from work, particularly from the Emmett area. With traffic and
just general economic activity of our whole community I think there is a condition that exists
now that even just a year to two years ago when we were looking at the comp plan we didn't see.
I believe there has been a change in the conditions that would warrant such a change. 2. The
public's benefit that would occur with the change of the plan. I think we have listened to several
people who live in the area who see this as a benefit to the property owners of this site plus the
site to the South plus the site to the Southwest and possibly even to the West although we have
not heard from that individual. I think to the community as a whole, people who travel in that
area do not necessarily end up in downtown Eagle but travel north/south on Linder and east/west
on State Street. If there were a fueling station, a convenience store and other possibilities of
shopping that they would not necessarily conflict with the downtown area. I think that those
sources of benefits are benefits that are there and not just the tax benefit of more dollars. I think
there are actually community benefits to change the comprehensive plan. 3. An explanation why
no other solutions to the conditions or situation would warrant a change in the plan that are
possible or reasonable. I think if we were to turn the clock back and this was a development like
Banbury and all of the property was under single ownership and that we could put up berms and
walls maybe there could be another reasonable way to develop the property. We have property
in relative small amounts in terms of acreage and I think now to amend the berming and sound
walls or barriers it is unreasonable. I see it a reasonable solution to allow the commercial
development of properties in this intersection area with open space, berming, landscaping
between residential and commercial. We cannot do that if it is outside of our City and will be
built under the authority of the County. For those reasons I think we should vote for the
proposed change in the comprehensive plan.
Sedlacek: I think that in a residential area there are some things that can be allowed. It takes a
conditional use permit. This is an entry corridor into the City of Eagle and I am concerned about
the way it is going to look. I am also concerned about the fact if we start allowing commercial
development to start on different intersections that we are never going to see Trolley Square,
Eagle River LLC, the Forum and other buildings filled up. I don't like changing the comp plan
either. There is one compelling reason and that is the existing river crossing. I came into this
hoping to see some really compelling reasons to vote for it, the only one I have really seen at this
point is that I want to make sure that we have control.
Bastian: I think that this area should be studied. We are responding to a particular request. I
think that the whole area needs to be studied and we need to have consideration of it and
determine how much of the property and which of the properties should be involved in
commercial development and do this long range not as applicants come in. I think we could
approve this application but immediately follow up with a citizen's task force or group to study
this area and make a recommendation to the City Council.
Sedlacek: I think it is a good point to look at the whole area. The Economic Development
Committee didn't feel that they had information on the proposal to make a recommendation.
Guerber: One of the concerns I have in allowing this we could begin to see creeping commercial.
I think there has already been discussion on things happening on other comers. This maybe an
appropriate plan where some commercial type of thing should happen because of the traffic
patterns and the movement of people. I would hate to see it become a commercial center.
Sedlacek: I wonder if the people who own Trolly Square, Eagle River and the Forum Building
would have made a commitment to the downtown area is they would have know that we were
contemplating making some changes to the comp plan.
Bastian: One possibility would be to not make a decision until we had the whole are studied.
What I'm hearing is a concern for the type of commercial development that could occur there.
We need to some how mange it.
Merrill: I would be more inclined to think that we could approve something on this if we had a
better idea of what we could see on this property. I think we need a study that would include the
four comers. Everyone knows that the other property owners are going to come in and ask for
the same thing.
Guerber: Part of the problem we have with a study is we don't control, even in our area of
impact, anything beyond Linder Road. I'm not looking at a lot of commercial going beyond this
intersection. I'm not sure how much of a study we could do. When someone comes and asks for
something on the South side of State Street we decide at that point in time if it is an appropriate
thing to do. For me the critical thing is to have some type of control beyond Linder, which of
course we have asked the County to do, and they ignore us. We should be controlling on both
sides of Linder Road.
Bastian: Having raised the issue of future planning and the whole intersection being studied, I
think it would be wise for us tonight to approve this proposal with the idea that we would follow
immediately with a recommendation to Planning and Zoning that the whole intersection be
studied and that we come up with a change in the comprehensive plan that would not rely upon
individual owners coming in but rely upon public hearing and the whole concept being discussed
and dealt with so we have a vehicle in place to give direction to the future development in this
area.
Bastian moves to approve CPA-2-01 Comprehensive Plan Amendment from R-1 to
Commercial - Gale and Ann Schenk with the conditions #1, ~2, and #3 placed upon it by
Planning and Zoning. Seconded by Guerber. Discussion. ALL AYE: MOTION
CARRIES ..............
Mayor calls a recess at 9:15 p.m.
Mayor reconvenes at 9:25 p.m.
B. CPA-3-01 & R-14-01 - Comprehensive Plan Amendment From Residential Two to
Mixed Use and Rezone With Development Agreement From A-R to MU-DA-P - Peter J.
Cintorino: Peter J. Cintorino, represented by Land Consultants, Inc., is requesting a
Comprehensive Plan amendment to change the land use designation on the Comprehensive Plan
Land Use Map from Residential Two (up to two dwelling units per acre) to Mixed Use, and
rezone from A-R (Agricultural-Residential) to MU~DA-P (Mixed Use with Development
Agreement - PUD). The site is located on the west side of Eagle Road approximately 3/4 miles
north of Chinden Boulevard, at 2421 N. Eagle Road. (WEV)
Mayor introduces the issue and opens the Public Hearing.
Mayor: Mr. Butler you are sworn in from the previous hearing.
Mark Butler, 52 N. 2nd Street, displays overheads and provides Council an overview of the
application. We have gone through three different plans, discusses the plans. We are in the City
limits and we are proposing a Development Agreement with a PUD. We have met with staff in
regards to the private street being a public street. General discussion.
Planner Lowe: Staff believes that this site could be developed under a PUD that would allow for
single family residential. Staffhas recommended denial of this application. Discussion on the
reasons for denial.
Mayor swears in David Waldren.
David Waldren, I have been involved with creating some imaging for the commercial part. This
is far less dense than other business parks I have looked at. I have created some designs for the
business park, distributes the designs to the Council.
Mayor swears in Rich Delora.
Rich Delora, Deadwood Court, I think the corridor along Eagle Road has become a mound of dirt
and trees and I believe these types of buildings would enhance this area by the river. General
discussion.
Mayor swears in Don Knickreman.
Don Knickreman, 1403 Mace Road, I am a recently retired attorney; I am involved in this
project. I am very excited about this project, especially the residential that I am developing. We
are keeping all of the wildlife in the area. We are going to make these affordable homes but very
nice homes. Discussion on the creek and berming. I don't think you put residential in the front
and have an effective buffer. General discussion.
Mayor swears in Rick McGraff.
Rick McGraff, I am a real estate broker and I have done some research of the area. Discusses the
price of homes that have sold in the area. The houses on Eagle Road are the last ones to sell.
The commercial is a great buffer for the residential. General discussion.
Mayor swears in Pete Cintorino.
Pete Cintorino, applicant, I purchase this property several years ago to put my nursery there.
This highway became too busy to have a nursery in this location. I would like to see this
development go as a campus concept but very lush. Discussion on the berming. General
discussion.
Mark Butler discusses the density of the area to the south of the project. Economic Development
Committee, Chamber of Commeme, approves development of this project. Overall discussion on
the aspects of the development. General discussion.
Mayor closes the Public Hearing.
General Council discussion.
Guerber: I agree that we do not need to buffer everything. In my mind there is a buffer from the
standpoint of residential. Having commercial out front would provide a buffer area for the
residential area. I think the concept is reasonable. It is different than what I thought from the
standpoint of seeing commercial like this in the location along Eagle Road that far out of
downtown. I am not really bothered by the whole idea and design of this. I really have no
problem with this.
Sedlacek: I can't believe I am actually considering an amendment to the comp plan. This does
look nice. I do have concerns about opening up the door by letting these people get their mixed
use and don't let some of the other people down Eagle Road. I can see these kinds of concepts
pop up all up and down Eagle Road.
Bastian: I think this request for comp amendment is much different than the one on Linder Road.
The highway here is busy and other developers have worked around that. I don't see a reason
why this development can't take the same track as the other developers. I really don's see a
condition or situation that warrants a change being made in the plan. I am concerned that if we
allow commercial development along Eagle Road between State Street and Highway 44, in this
situation I don't see why we shouldn't allow it in other situations. It is being proposed as a
reason to mitigate traffic, buffer the traffic noise, and to protect the subdivision that is going to
be developed behind it. I don't think that office space is an effective buffer. I think that if you
took the buffer away and added commercial development along those places where it could occur
I think you would get an entirely different look. A Fairview Avenue look even though there is
residential behind it. I think that is what we don't want. I think we want to have an uniques to
Eagle Road from Chinden to State Street that says this is rural at least a design kind of open
space that buffers the people who live behind the berm from the noise of the roadway. The
public benefit that would occur from a change in the plan. Obviously I don't see a public benefit.
I see there is a possibility that we would have some commercial development but we have
already established in the comprehensive plan sufficient commercial development in other areas.
Even though I say that I recognize that earlier this evening we made a decision that Linder and
State Street is somehow unique. This area is relative small but I think it could be buffered.
Therefore I am going to vote against this, as I don't think it is justified as far a comprehensive
plan change. I think that can all be residential; I think it could be buffered and therefore I don't
think we need the comprehensive plan change.
Merrill: You know my opinion on the comprehensive plan changing. Half an acre lots in a
wetland area with a nice buffer in there it would be no different than the other subdivision as far
as being able to provide nice residential area. I'm not in favor of a change in the comprehensive
plan at this point. Our whole philosophy has been to bring commercial to the center of the
community.
Guerber: My recollection is that we already have commercial along there. I also think that in the
future we are probably going to see that Mr. Baker is going to develop something that is not
going to be entirely residential subdivision when you come offthe hill. The discussion I have
heard is some kind of an industrial, Technology Park or something like that and it is going to
change that area from what the comprehensive plan calls for. A substantial portion of this
property is going to be nothing but a berm on the front side. I think some of the mixes and some
of the uses and from what I anticipate is going to be happening along there is not causing me any
problems. It is my recollection that the property was purchased at one time to be entirely
commercial use.
Discussion on zoning and uses.
Discussion on the elevation of the property, the problems with berming and density.
Bastian: This is a difficult issue for me. I am really very much against having commercial
development along Eagle Road and turning Eagle Road into something like a Fairview Avenue.
We say yes to this small piece I think we will light up the eyes of others who may be looking at
other commercial development along the east side of Eagle Road. This is a difficult decision.
The houses back there need to be buffered. Could be berming be done between the office
building and the residential units? I would like a little more time to think about this and get some
more feedback and not vote tonight.
Merrill: What really makes this difficult for me is that you know the quality of what this project
could be based upon the people that are involved. There may be a use for the people who live
here and work here. With the wetlands and the trees this is a beautiful piece of property and a
beautiful development along Eagle Road. It's the change in the use of the comprehensive plan
that spills over to the whole project and also the issue of the kind of buffering and berming or
landscaping that we are going to have that creams the continuity that has been created down
Eagle Road. I would like to continue this.
Sedlacek: It is easy for me to say no to comp plan changes. The only reason I am struggling
with this is that Mr. Pete Cintorino has done so many nice things in Eagle. He has been such a
good player. As far as the berms, I like the berms there because I don't want to look at the
houses. I don't know that I want to continue this.
Guerber: My question is, if not this then what. Are we saying put more houses in there? I
would like to see some things that would create jobs.
David Waldren addresses the Council on the commercial development in the project. I like the
idea of a berm between the commercial and residential. My vision you wouldn't even know it
was an office park.
Bastian: We have something here that is truly unique, is different from any other area along
Eagle Road and it should warrant the development of office space here where we don't have it in
the comprehensive plan and if that is the case I would like to know about that.
City Attorney Buxton: I think the comprehensive plan is a discretionary act. With regard to the
Council it is discretionary. If you are contemplating this change in the comprehensive plan I
urge you to decide it tonight because if you wait, you have already made one decision tonight on
the comprehensive plan, you will risk not being able to change the map for six months.
Discussion on different types of buffering.
Bastian: I am really struggling with the idea of how we say no to others. What makes this ama
unique?
Mark Butler: What makes this unique is that we have small parcel of land and we have wetlands
along the North side and we have a small amount of frontage in the front. Maybe you are
concerned about the MU zone. There is a possibility for us to have a LO-DA zone which is a
limited office zone. That would allow us to do the offices in the front and in that zone you are
allowed to do the homes with a conditional use permit. I thought I bring this up for
consideration. I would really like to see this approved. It is a great project for the City. There is
a condition in the Development Agreement that we must submit the PUD.
Discussion on the types of berms and buffering between the commercial and residential.
Bastian moves to approve CPA-3-01 & R-14-01 Comprehensive Plan Amendment From
Residential Two to Mixed Use and Rezone From R2 to LO-D-P with the conditions set by
the Planning and Zoning Commission. Seconded by Merrill. Discussion. Bastian amends
the motion to include: Add to Item 2.2 and Item #C that the building envelopes for all home
sites shall be required; 2.6 of the Development Agreement add: the commercial portion of
the property shall be constructed with a minimum of 20' wide buffer area adjacent to the
southern boundary of the site; add to Item #4: buffering between the limited office use and
the residential area; Item #5 add: minimum Itt size of the residential portion of this
development shall be no less than 10,000 sqft. Second concurs. ALL AYE: MOTION
CARRIES ..................
Mayor calls a recess at 10:55 p.m.
Mayor reconvenes at 11:05 p.m.
7. UNFINISHED BUSINESS:
A. Approval of ZGA Contract: ($B) This item was continued from the March 19, 2002
meeting.
Mayor introduces the issue.
City Attorney Buxton: Tom Zabala still needs to get me some information and ZGA may still
want to change the contract price. Discussion on financing with Wells Fargo.
In regards to the franchise issues. I did speak to one of the PUC attorney's. Most of the time
when you have franchise fees the service provided is the one applying for the franchise fee.
General discussion.
Guerber moves to continue Items g7A, B, C and D to the April 9, 2002, City Council
meeting. Seconded by Bastian. ALL AYE: MOTION CARRIES .................
B. Ordinance No. 416: An Ordinance Of The City Of Eagle, Idaho, Amending Title 6, Chapter
6, Section 6-6-1, Section 6-6-2, Section 6-6-3, Section 6-6-4 Of Eagle City Code, Utility
Operation Franchises, And Providing An Effective Date. (SKM) This item was continued from
the March 12, 2002 meeting.
C. Ordinance No. 415: An Ordinance In Accordance With Idaho Code 50-328, 50-329 And 50-
329a Granting A Franchise To Eagle Water, A Corporation, And To Its Successors And Assigns,
To Construct, Maintain And Operate In, Upon And Under The Present And Future Streets,
Highways And Other Public Places Within The Corporate Limits Of The City Of Eagle, Idaho,
Water Utility Property And Facilities For Supplying Water And Water Service To The City, The
Inhabitants Thereof, And Others For A Term Of 20 Years, Including The Nonexclusive Right To
Physically Locate And Maintain Water Lines, Pipes, Equipment Or Other Water Facilities;
Setting Forth An Agreement Not To Compete; Reserving Power Of Eminent Domain; Providing
For The Payment Of Franchise Fees; And Specifying Other Limitations, Terms And Conditions
Governing The Exercise Of Said Franchise, And Providing An Effective Date. (SKM) This item
was continued from the March 12, 2002 meeting.
D. Ordinance No. 414: An Ordinance In Accordance With Idaho Code 50-328, 50-329 And 50-
329a Granting A Franchise To United Water, A Corporation, And To Its Successors And
Assigns, To Construct, Maintain And Operate In, Upon And Under The Present And Future
Streets, Highways And Other Public Places Within The Corporate Limits Of The City Of Eagle,
Idaho, Water Utility Property And Facilities For Supplying Water And Water Service To The
City, The Inhabitants Thereof, And Others For A Term Of 20 Years, Including The Nonexclusive
Right To Physically Locate And Maintain Water Lines, Pipes, Equipment Or Other Water
Facilities; Setting Forth An Agreement Not To Compete; Reserving Power Of Eminent Domain;
Providing For The Payment Of Franchise Fees; And Specifying Other Limitations, Terms And
Conditions Governing The Exercise Of Said Franchise, And Providing An Effective Date.
(SKM) This item was continued from the March 12, 2002 meeting.
8. NEW BUSINESS:
A. Ordinance No. 419: Ordinance Of The City Of Eagle, Ada County Idaho, Amending Eagle
City Code, Title 1 "Administrative", Chapter 8 "Conduct Of Public Hearings", Section 3 "Order
And Rules Of Public Hearings", And Title 2 "Boards And Commissions", Chapter 2 "Design
Review Board", Section 1 "Board Created Membership, Qualifications"; And Providing An
Effective Date.
Mayor introduces the issue.
Merrill 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 #419 be considered after being read once by title only. Merrill reads Ordinance
g419 by title only. Seconded by Sedlacek. ALL AYE: MOTION CARRIES .................
Merrill moves that Ordinance g419 be adopted. Seconded by Sedlacek. Bastian: AYE;
Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION
CARRIES ........................
B. Notice of award approval for ist Street pedestrian bridge abutment construction and
bridge placement authorizing Mayor to sign documents: The project includes removal of
trees, fence and concrete. The construction includes abutments, placement of pedestrian bridge,
and approximately 120 feet of asphalt pathway. (SKM &SEB)
Mayor introduces the issue
Veto Brewer, Holladay Engineering, displays an overhead of the site where the bridge is going to
be located and discusses the placement of the bridge. We are recommending that the award be
made to Paul Construction in the amount of $21,122.90.
Sedlacek moves to approve the apparent Iow bid from Paul Construction. Seconded by
Guerber. Discussion. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL
AYE: MOTION CARRIES .............
Guerber moves to authorize additional work for the preparation of the installation of the
bollards and appropriate irrigation needs for the landscaping not to exceed $1,000.
Seconded by Bastian. Discussion. ALL AYE: MOTION CARRIES ....................
C. Authorization of the notice to proceed (for the Ist Street pedestrian bridge pro.iect).
Approval is contingent on city attorney approval and bond and insurance authorization.
Authorizing the Mayor to sign documents once all conditions are satisfactorily met. (SKM &
SEB)
Mayor introduces the issue
Vern Brewer, Holladay Engineering, we would like to have the notice to proceed
Merrill moves to authorize the Mayor to sign documents upon receipt of the appropriate
bonds and insurance from the contractor. Seconded by Sedlacek. Bastian: AYE; Merrill:
AYE; Sedlacek: AYE: Guerber: AYE: ALL AYE: MOTION CARRIES ................
D. Review and action on letter of support to Ada Soil and Conservation District: (LS)
Mayor introduces the issue.
Sedlacek: Discusses the letter of support for the Ada Soil and Conservation District. General
discussion.
Guerber moves to have the draft letter put on City letterhead and mailed. Seconded by
Merrill. ALL AYE: MOTION CARRIES .....................
E. Appeal lTD Staff Letter:
Mayor introduces the issue.
Merrill moves to authorize the staff to send the appeal letter to the ITD Board regarding
the intersection at the alternate route. Seconded Sedlacek. ALL AYE: MOTION
CARRIES ...............
City Attorney reads the draft letter to the Council.
City Attorney Buxton: Distributes a copy of a Memorandum from Brace Smith and discusses the
same. General discussion. I would like Council to give the Mayor the authority to send the draft
letter that is attached to this Memorandum. General discussion.
Merrill moves to authorize the Mayor to send the draft letter to Bureau of Reclamation.
Seconded by Sedlacek. ALL AYE: MOTION CARRIES ................
Discussion on storm water.
9. Executive Session - I.C. 67-2345(f) Threatened Litigation:
Merrill moves to go into Executive Session for the discussion of Threatened Litigation, I.C.
67-2345(t). Seconded by Bastian. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber:
AYE: ALL AYE: MOTION CARRIES .......................
Council discusses threatened litigation.
Council leaves Executive Session.
Mayor and Council's Report:
Sedlacek: Reports on the arch sign. There is a modification; we are not going to have the river
rock. Staff needs to get the right-of-way permit from ACHD. General discussion.
Merrill moves to authorize Council Member Sedlacek to move forward on the arch sign
and contact Noel Weber. Seconded by Bastian. ALL AYE: MOTION
CARRIES ...............
Discussion no the Monroc property being out of compliance.
Merrill: Reports on the new Merrill Park schedule. This schedule will have the park completed
in November.
Bastian: The Library had a presentation from the 3M company for the automatic check out
station. General discussion.
Discussion on new aerial maps. Staff will check on this.
City Engineer Report: No report.
City Clerk/Treasurer Report: We have received 40 applications for the Plant-a-Tree project. We
do have some exceptions to the 4' from the sidewalk. Council is all right with the exception
where the CC&R's only allow for 10'. The application that wants a 12' set back Council would
like to have staff call and find out why the applicant needs a 12' set back.
Eagle Academy is looking for funds to help with their Senior Graduation. Council would like to
donate $1 per graduating student, same as they approved for Eagle High School.
Discussion on the Roberta Karpach letter and Trautman's response. The Mayor will look at the
trees and talk to Roberta and report back to the City Council.
City Attorney Report: No Report
Merrill: Reports on discussion with Rick Collignon on Eagle Island State Park. General
discussion. The State wants to be involved in all of the meetings that the City has in regards to
the Park.
Zoning Administrator's Report: Reports on the Fire Department screen wall. Fire Department
would like to have a workshop to discuss other options. General discussion.
10. ADJOURNMENT:
Guerber moves to adjourn. Seconded by Sedlacek. ALL AYE: MOTION
CARRIES ..............
Hearing no further business, the Council meeting adjourned at 1:00 a.m.
Respectfully submitted:
SHARON K. MOORE
CITY CLERK/TREASURER
APPROVED:
RICK YZA~p~E,
MAYOR