Minutes - 2003 - City Council - 10/14/2003 - Regular
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ORIGINAL
EAGLE CITY COUNCIL
Minutes
October 14, 2003
1.
2.
CALL TO ORDER: Meeting called to order at 5:03 p.m.
ROLL CALL: Present: BASTIAN, GUERBER, NORDSTROM. Absent:
SEDLACEK. A quorum is present.
PLEDGE OF ALLEGIANCE:
3.
4. PUBLIC COMMENT:
A. Joe Rausch would like to discuss the U-Haul business.
Mayor introduces the item.
Joe Rausch, states that he was notified by the city, that the location of the U-Haul business is a
non-conforming use. He would like to openly discuss the Council's desire regarding this issue.
The U-Haul business is currently in the same location as the mini-storage facility. Discussion as
to what is needed in order to bring the U-Haul business into conformance. Vaughan states that a
conditional use permit would need to be obtained in order for both the mini-storage and the
trailer rental use to co-exist. Also discusses the need to modify the code to add the definition of
a trailer rental business. Mayor would like to expedite this issue as far as staff working with Mr.
Rausch in order to find a reasonable solution to this issue. Council feels that a definition of
trailer rental business, would be an appropriate addition to current code. And as the U-Haul is
basically a complimentary use to the mini-storage at this location the City should find a way to
accommodate them.
B. Lawrence Bosio would like to air a complaint before the City Council.
Mayor introduces the issue.
Mr. Bosio expresses his gratitude to the Ada County Sheriffs Office as they have been very
responsive to his concerns. Mr. Bosio has concerns with the noise levels of air conditioners and
swimming pool motors that are located near neighboring property owners, and that run
throughout the night. He would like to see a building code established to address these noise
issues. Mr. Bosio is also concerned about the parties continuing at residential areas after the bars
have closed, and on street parking problems this situation causes. Discussion.
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 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.
. All design review applications will be appealed by the Zoning Administrator to the
City Council for their review and approval.
A. Claims Against the City.
B. Minutes of September 9, 2003.
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C. Minutes of September 23, 2003.
D. Re-appointment to the Plannin2 and Zonin2 Commission: The Mayor is
requesting Council confirmation of the re-appointment of Mathew Glavach to
the Planning and Zoning Commission. Mr. Glavach recently fulfilled the
remainder of a vacated term. His re-appointment would be for a three year term.
(NM)
E. Re-appointment to the Ea2le Arts Commission: The Mayor is requesting
Council confirmation of the re-appointment of Linda Goldman to the Cultural
Arts Commission. Ms. Goldman recently fulfilled the remainder of a vacated
term. Her re-appointment would be for a three year term. (NM)
F. DR-43-9B MOD3 - Modification to the Master Si2n Plan for Ea21e Pavilion
Shoppin2 Center - Pete Lova: Pete Loya, represented by Chuck Buckner with
Idaho Electric Signs Inc., is requesting design review approval to modify the
master sign plan for the Eagle Pavilion Shopping Center. The site is located on
the northeast corner of South Eagle Road and State Highway 44 at 480 South
Eagle Road. (WEV)
G. DR-35-03 - Buildin2 Wall Si2n for Carats Fine Diamonds and Gold - John
Grene: John Grene, represented by Chuck Buckner with Idaho Electric Signs
Inc., is requesting design review approval to construct a building wall sign for
Carats Fine Diamonds and Gold. The site is located within the Eagle Pavilion
Shopping Center at 400 South Eagle Road. (WEV)
H. DR-42-03 - Entry Structure and Monument Si2n for Henry's Subdivision -
Henry's North 40 LLC: Henry's North 40 LLC, represented by Peter Harris
and Kristen Van Enge1en, is requesting design review approval to construct an
entry structure and monument sign for Henry's Subdivision. The site is located
on the west side of Meridian Road approximately 1,320-feet south of Beacon
Light Road.
1. DR-43-03 - Modification to the Existin2 Buildin2 Elevations for the Ea21e
Manor Apartment Buildin2 - Jim Tomlinson: Jim Tomlinson, represented by
Ray Crowder with Crowder Associates Architects, is requesting design review
approval to modify the existing building elevations of the Eagle Manor
Apartment Building. The modifications include the installation of dormers, and
installing a higher roof over the two stair towers. The site is located on the
northeast corner of Cedar Ridge Road and 2nd Street at 276 Cedar Ridge Road.
(WEV)
J. DR-45-03 - Buildin2 Wall Si2n For Curves for Women - Cindy Heriford:
Cindy Heriford with Curves for Women, represented by Tony Meade with Idaho
Electric Signs Inc., is requesting design review approval to construct an
internally illuminated building wall sign for Curves for Women. The site is
located on the south side of State Street within Bosanka Village at 393 West
State Street. (WEV)
K. DR-46-03 - Buildin2 Wall Si2n for the UPS Store - W&H Limited Liability
Co.: W & H Limited Liability Company, represented by Bruce Williams with
Young Electric Sign Company, is requesting design review approval to construct
an internally illuminated building wall sign for The UPS Store. The site is
located within the Eagle Pavilion Shopping Center at 372 South Eagle Road.
(WEV)
L. Final Plat Extension of Time for Yorkshire Acres Subdivision - Robert
DeShazo: Robert DeShazo Jr./Berkshire West, represented by Douglas W.
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Landwer, is requesting a second one-year extension of time for the final plat for
Yorkshire Acres Subdivision. The 4.64-acre, l5-lot (13-buildable,2-common)
residential subdivision is located on the south side of East Floating Feather
Road, approximately 9OO-feet west of Horseshoe Bend Road. (WEV)
M. Review and action on bid for increasine: the size of two lawn drains and
addine: two additional lawn drains at Merrill Park. (SKM)
Buxton states that items 8B, 8C, and 9B will need to be continued to the next meeting as there
are legal issues which need to be addressed prior to Council taking action on them.
Bastian moves to continue items 8B, 8C and 9B to the next regular Council meeting.
Seconded by Guerber. ALL A YE...MOTION CARRIES.
Discussion regarding time frame at which this item will be acted on.
Bastian moves to approve the Consent Agenda, except for the Claims Against the City
which will be moved to the end of the agenda. Seconded by Guerber. Discussion. Bastian
amends his motion to remove item J for discussion. Second concurs. BASTIAN
A YE;GUERBER AYE; NORDSTROM AYE. ALL A YE...MOTION CARRIES.
Claims Against the City will be moved to item lOB.
J. DR-45-03 - Buildine: Wall Sie:n For Curves for Women - Cindy Heriford: Cindy Heriford
with Curves for Women, represented by Tony Meade with Idaho Electric Signs Inc., is
requesting design review approval to construct an internally illuminated building wall sign for
Curves for Women. The site is located on the south side of State Street within Bosanka Village
at 393 West State Street. (WEV)
Tony Meade, with Idaho Electric Signs, states that there is a site specific condition disallowing
the use of the trademark that he believes is a violation of federal law. He would like the
trademark symbol to remain. Bastian states he was in attendance at the Design Review meeting
and feels that the Design Review Board was merely trying to eliminate clutter with the signage,
but as the trademark has been allowed previously he has no issue with allowing it to remain.
Bastian moves to approve DR-45-03 Building Wall Sign For Curves for Women as
presented, striking site specific condition #4 in that the 3" @ trademark may be included
with the sign. Seconded by Nordstrom. ALL A YE...MOTION CARRIES.
5.
PUBLIC HEARINGS:
A. CU-O9-02 - Public Service Facilitv/ Heie:ht Exception Request - 138kV Sub-
Transmission line - Idaho Power: Idaho Power, represented by Layne Dodson, is requesting
conditional use approval to construct a 138kV sub-transmission line and a height exception
request to construct utility poles with heights ranging from approximately 70 to 85-feet (35 to 50-
feet higher then the required maximum of 35-feet). The specific routing of the new sub-
transmission line will connect with the existing 138kV power line near the intersection of
Edgewood and State Street. The new line will proceed west along State Highway 44 to
Ballantyne Road, where the line will be constructed along the same route as the existing power
lines that parallel the highway, to the new Star, Idaho, substation site. It should be noted that it
has not yet been determined which side of the bypass the line will traverse; this item is left to be
determined from comments received at the public hearings as well as the determination of the
Eagle Planning and Zoning Commission and the Eagle City Council. (WEV)
Mayor introduces the item.
Bastian clarifies a comment he made earlier today and would like to assure everyone that he has
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an open mind and will consider all testimony in a balanced and fair manner.
Nordstrom also states that he made comment at a Chamber of Commerce meeting, but that he
feels he can make a fair and just decision based on information which has been submitted and
that which will be received tonight.
Layne Dodson, representative for Idaho Power 10790 Franklin Road. Mr. Dodson presents the
application. Dodson gives a history of the application with the City, the public input which was
sought and received and the findings thereof. Review of costs for installation for overhead lines
versus underground lines. Discussion regarding location and costs.
Jeff Lowe, City Planner, presents the staff report and reviews comment which the outside
consultant provided regarding this application. Discussion.
Mayor opens the public hearing.
Mayor swears in Mr. Ricks.
Steven Ricks 1560 N. Crestmont Dr. Ste. B Meridian, Idaho. Represents the property owners
immediately north of bypass between the Eagle Forum and Rocky Mountain Fitness Center, an
approximately 25 acre parcel. I have three points I wish to make to the Mayor and Council
concerning our objection to the location of the transmission line along the Bypass east of Eagle
Road, which is the area we are concerned with. The first point is that from the east, that is
becoming the entry corridor to the City of Eagle. I think it is fair to state that the City of Eagle
has essentially shifted its center of gravity slightly to the south from what existed 30 or 40 years
ago when our family bought some property out here. It use to be down State Street it's now
shifted so the primary entrance from a visual point of view is along the Bypass and then north on
Eagle Road, those two entrances to the City. If the construction of the 138 KV line is located on
either of those entrance corridors the visualization of those lines, from my observation, will never
be camouflaged. There is no right for the property owners along the Eagle Bypass east of Eagle
Road to plant trees close to the lines that would grow up and somewhat shield the visual effects
of those 90' poles. For the main reason is that they are in the right of way which the adjacent
property owners would have no access to or control over. Once installed there would never be
any type of camouflage or landscaping that would soften the visual impact of those features on
the landscape. The second point I would like to make is the property we own north of the Bypass
has been zoned by this Council, previous administrations as a CBD zone, which means Central
Business District. Which essentially means the City of Eagle would desire that, that area be
developed into a retail center eventually. In our discussions with prospective purchases,
builders, developers and um potential retailers, I can say this based on those discussions, that a
90' tall power lines adjacent to that property would be a very serious disincentive for those kinds
of businesses to locate at that location. It simply isn't in harmony with what they view to be the
type of property where they would, high class stores, would want to construct. The third point I
would like to make which has essentially, this is the fourth, I think third or fourth hearing I have
attended on this issue. It has essentially been ignored at the beginning right at the out set the
bodies who are hearing this testimony, and the presenters from Idaho Power, Mr. Dodson, who is
always gracious in his presentations, have initially discarded the possibility of constructing these
lines and power poles in the existing right of way. This decision, as I have observed it, was made
initially based on the 14 member citizens advisory committee at a recommendation that the lines
should not be located near residential areas. But I would raise the point that the existing right of
ways which jogs up an alley and then over to the west and then down Kingsford and then out
State Street, has been with us for decades. And has been accommodated, visually by the
residents of Eagle for decades. Additionally the landscaping adjacent to this right of way
corridor which presently exists had matured and very frankly as you walk around the city of
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Eagle you don't even know there is a transmission line above you because of the trees and the
vegetation canopy which is provided by that. That will never happen on the Bypass, there will
never be in our lifetimes, if ever trees do grow up to shield the visual obstruction from the
ground. And so these folks which are adjacent to the corridor now, the existing corridor, have
been accustom to those power lines being there for years and to go up another 30 or 40' is going
to be no different because you can't see the existing lines anyway because of the trees. Unless
you're back up Eagle Road and are looking down on the City. The last point I would make is
that because the difference in $2,300,000 per mile vs. $300,000 per mile it would seem to me a
lot less money could be spent in locating the new lines along the existing route now and perhaps
bringing, for a little cash, to the adjacent property owners for the perceived loss of value to the
property if the lines go up another 60'. That to me would be a whole lot cheaper than having
$2,000,000 a mile to go underground. If I were an adjacent property owner who had mature
landscaping and all they were going todo was put the pole up another 30' or 40' and I've gotten
use to the poles already there, and the lines that are already there I would be happy to put a check
in my pocket for the bother of having some additional poles put there. Rather than being taxed
the 2 million dollars a mile to put it underground.
Bill Clark, 479 Main St. Boise, Idaho here tonight representing Eagle River. We have been
following this proposal since we first read about it in the newspaper about a year ago. We were
not part of the advisory team, nor were we aware of the study going on. And we since began to
follow this very closely. I think all of you on the Council have followed or have been part of the
development and planning for Eagle River, as well as creating the vision for what Eagle is as a
community in its physical and social character. And of course one of the things that stands out is
the very high standards the City has established and continues to pursue as far as the asthetics of
development. And Eagle River was held to very high standards and we have been happy to do so
and be part of a community that has those kinds of standards. We have spent several million
dollars on landscaping in Eagle River and along the alternate route underneath where these
power lines might go on the south side. We also paid Idaho Power to underground lines, much
smaller lines, distribution lines along Eagle Road. At the time we did that we still weren't
informed of the fact that within a few months a proposal would be coming along to putting giant
lines along our north side. The opinion we have, is that the community in order to maintain the
kind of standards and character that unintelligible they absolutely be pursing the underground
option. And my recommendation to you after having been through these hearings and so on is, I
think has been part of the discussion tonight too, is that there be a serious evaluation of what the
options are for financing this. What part Idaho Power can pay in it, if not entirely perhaps there
is a cost sharing approach, perhaps there is something with franchise fees, perhaps there's
something with a surcharge, perhaps there is something with a community wide local
improvement district. But we estimate that for Eagle River alone the combination of the lowered
land values and property values, that is, that which would be built on that land that would be
impacted would be on the order of 20 million dollars. You take the annual tax revenues to all
jurisdictions from that and that's on the order of $400, 000 a year in reduced tax revenues, if our
estimate is correct. And that's just the Eagle River project, we are a mile of frontage the most
single, the single most impacted property owner, I believe, by this proposal. In any event, I think
that you'll see an effect on other property values as well and so I hope that draws your attention
even more to the negative effects just from a financial perspective let alone the aesthetics.
Everything that Eagle has done to establish itself as a distinctive community of extraordinary
quality, I think would be diminished by... unintelligible.
NORDSTROM: .. .as far as people you have visited to maybe come up with what you think is the
most appropriate way to anticipate the extraordinary costs that we mayor may not be able to sell
the PUC on?
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CLARK: Councilman Nordstrom, I, fmt of all I don't have a very strong knowledge of the
procedures and standards of the Public Utilities Commission. I do know in the conversations we
have had with Idaho Power and others that, in other states and jurisdictions there are
requirements, and I don't know the method of payment, I believe I have heard, but I can't say for
certain that in some instances it is required that it is an ordinary and necessary expense and
appropriate unintelligible and that it is being done quite a bit in various parts of the country
including these high voltage transmission lines such as this 138 Kv line here. As far as the
standards what the standards are of the Idaho Public Utilities Commission, I don't know. I mean
I can't answer that. I believe your legal council has begun to investigate that, but there are I
believe these other, I mean they could Ok this is part of the rate base. Now does that mean the
rate base for all of Idaho, an area, a more defined area and could it relate to a surcharge within
the city of Eagle that has a sunset provision that after it is paid, or your share is paid maybe there
is room for negotiation. Maybe there's a you pay 30% they pay 70%, I don't know, I'mjust
making up those percentage numbers as I go along. But anyway, I think having before you and
perhaps with the cooperation with Idaho Power a fair examination of what those alternatives are,
maybe the Public Utilities staff could join in on those, although I don't know the standards and
criteria that they would use. Idaho Power's staff has told me that "well it is inevitable at
sometime, somewhere in Idaho we will have to start under grounding the lines, and this may be
the place we do it". I hope it is. .
Mayor swears in Mr. Khorsand
Hossein Khorsand 4132 Ballantyne Lane Eagle, Idaho. I want to thank you for this opportunity
to give my opinion. It seems that Idaho Power has succeeded to reduce this problem to two
choices. Either you bear the 9 million or three million or whatever the figure is or you change
the character of the City by these high poles. From my experience with Idaho Power, I have a
doubt. And let me qualify that, why I have a doubt. They are suggesting to put a substation very
close to someone's house on Linder Road and when I come and ask them for the technical
analysis that why don't you put the substation on State Street or on Emmett Highway or on
Highway 55 and show that the power loss because of the smaller distribution line does not
amount to any significant increase of cost. The letter that I received from them is a very general,
generic letter which the most direct answer that they have in that letter states land availability. In
other words, this is an example of how they are going to profit because there was cheap land
available on Linder Road they choose to put a substation close to someone's house, very close.
Therefore, I think we should take a look back and question Idaho Power. Show us a bigger
picture, where the power comes from, how its distributed, what is the area of use. And we
should take that, if we cannot analyze it ourselves we should hire some technical people to take a
second look of what is the broader picture. And if the broader picture does not bring us possibly
other solutions then we say ok, these are the two choices and we make our choice. Thank you
very much.
Mayor swears in Mr. Butler.
Mark Butler, 52 N. Second Street, actually my home address is 1640 W. Washam Rd. I know it
is really difficult to testify against something like this, which is what I plan to do, mostly because
of Layne and Blake. They are great people and you get up and you have to testify against and
you feel really bad about that, so I can understand how Council feels sometimes, you know when
they have to vote one of my projects.
BASTIAN: Mayor, may I interrupt?
MERRILL: Stan.
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BASTIAN: Observation Mark, we are dealing with the issue here. And when we work as a
Council we have to deal with issues and not each other. So that is the way we can walk away
being friends when we disagree and vote against each other, that's ok. And we have some fine
people here representing Idaho Power that's their job and that's what they're here to do, is to
represent Idaho Power's case the best they can. But it is not the individual, it's the issue we are
dealing with.
BUTLER: Thank you. With that in mind its also the zoning code and comprehensive code which
that guides your decisions, and that is where I want to concentrate my comments to is the code
and the comprehensive plan. First there is a conditional use permit which has been applied for,
as you know section 8-7-3-2 General Standards for conditional uses outlines several findings that
need to be made by this Council to approve a conditional use permit. I believe there are several
findings in here that cannot be made and will provide my evidence for why I believe that's the
case. Finding B, and I'll read through these very quickly, the use is suppose to be "harmonious
with and in accordance with the general objectives or with any specific objective of the
comprehensive plan and/or this title." And I will specifically point out a section of the
comprehensive plan that it does not comply with, in my opinion. "c. Will be designed,
constructed, operated and maintained to be harmonious and appropriate in appearance with the
existing or intended character of the general vicinity and that such use will not change the
essential character of the same area." And I think again that a section of the comprehensive plan
I'm going to bring out and talk to you a little bit would show that C. cannot be complied with.
"D. Will not be hazardous or disturbing to existing or future neighboring uses." We have already
heard testimony on how this will be disturbing to neighborhood uses, and so I don't think I need
to go there. But, I did provide the City with a packet of information on a study that has been
done by a couple people from, I believe Texas, and I would like that to be in the record. And
what they show there is that values have tended to go down where these large power poles have
been constructed adjacent to properties. And I think that is an important issue. "F. Will not
create excessive additional requirements at public cost for public facilities and services and will
not be detrimental to the economic welfare of the community." We have heard testimony that
this would be detrimental to the economic development of Eagle River, for which, as you know,
we spent years working on that to try and get that approved, and it's coming about to where it's
totally awesome. 1, and most importantly "Will not result in the destruction, loss or damage of a
natural, scenic or historic feature of major importance." Now, jumping to the comprehensive
plan there is a line on the Comprehensive Plan that is called a scenic corridor line, and this line
was developed by previous Zoning Administrator, it was taken out to focus groups in 1999 and
2000, and the focus groups supported this line and this line is also defined with language in the
comprehensive plan. And I think this is a key issue, because this line shows the area along State
Street, as well as Eagle Road, but the area along State Street is where they're proposing these
towers. Before we jump to the text in the Comprehensive Plan, an interesting point is in the
zoning code there is a map that also uses this line. And that map is exhibit 8, to subsection 8-3-
5sl3, and that map is the map that is utilized to show where cell towers are not to go. And if you
look at the section on cell towers, you could almost interpret a lot of that to be related to towers,
but I know that wasn't the intent of when that was written. But there seem to be several
inconsistencies with that section, but irregardless if you look at this map here and say in this
section here telecommunication towers are not permitted. Why then would be allow numerous
towers that are as high or close to the same height as cell towers in this area? And then we ask
what is this area. It is the scenic corridor area. Chapter 11 talks about this area, of the
Comprehensive Plan, 11.1. "It is a special area and site it's a defined area, sights or structures of
historic architectural...I don't need to read it, you have it. But basically what it says is that this
is an area to be preserved as visual, a visual corridor for the city that's 11.1. There is another
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section in the comp plan the State StreetlEagle Road corridor which is this corridor. And since
that is only 2 sentences I will read those. "This State StreetlEagle Road corridor is designated as
a special area to its historical, architectural and scenic significance. This area is depicted on the
comprehensive plan. So why would we take an area of scenic significance and put towers. What
is scenic significance, it's a type of architecture we're seeing there, it's the type of landscaping
that we, the City has required Eagle River to put in. It is the entry features that are right there at
Eagle Road and State Street, it's the water feature that Eagle River put in there, it's the statue of
the Eagle that's at the intersection. These are scenic features of major importance. And, I
believe if we look at the zoning code and the comprehensive plan its, pretty clear that we need to
recommend denial, or deny the poles and come up with some other alternative. Another location,
or underground, or at least a portion underground. And lastly with regard to committees, I'm all
for committees, I got the mailing I thought about going to the meetings and being on the
committees and I know its great to get public involvement that's really important. But you go by
the code and the comprehensive plan and I think both the code and the comprehensive plan say
this is the wrong spot. Something needs to be done here. So, I think that concludes my
testimony. One other thing, cost there is nothing in the comprehensive plan or code that says,
because something is going to cost too much you can then go against the comp plan and code,
and isn't that true of all of the developers, myself who has added on downtown Eagle, all these
people who put money and come to you and say they can't afford. Remember when we tried to
get 28,000 square feet on Eagle River, it was brutal, ya know. So to say here that we are going to
use cost as an issue, I know it's important and now being on the private side, I know how
important it is. But I think again the guidance we have is the code and comprehensive plan and
they are great to work with. You have to be able to come up with a solution that works. Thank
you.
Mayor swears in Mr. Hanaford.
Dave Hanaford 3062 N. Linder Rd. I just want to say a couple things. Number one, I am outside
of the city limits of Eagle, but we love Eagle as if we are within the city limits so remember that
in the future. And urn, I am also opposed to these huge towers, I mean anyone can go and look at
McMillian Road and get a much better idea that the computer generated graphics of what Eagle
is in store for. I read in last weekends paper how Idaho Power is going to PUC to get rates upped
for a power plant in Mountain Home, I think. So why can't we go to PUC and have rates raised
to make underground the standard, ya know. We're beyond the year 2000 it should be the
standard. The other thing, I know it was brought up at one of the earlier meetings I was at, has
Idaho Power made any effort to team up with the gas companies and the cable companies and the
folks who are constantly digging underground anyway? I mean get all of the services there at
once and share the costs. And lastly as far as going to PUC as far as raising rates, maybe that
could just be a percentage, maybe the individual towns that want the underground lines pay some
percentage, but the rate payers all over the state pay the other percentage. That's really all I had
to say, thanks.
Mayor swears in Mr. Buschart.
Russ Buschert 235 W. Floating Feather Road. A couple of ideas, number one I don't see a real
obvious alternative to that particular route that is being proposed. It's sort of seems to be the
point A and point B and the least unintelligible, but I'm not sure if all of the alternatives have
been looked at. So we're talking, and I'm getting a little bit out of my realm here, but I think I
can give us some suggestions to look into. A 138 kv means 138 thousand volts, I believe, and to
run that high of voltage that means you'd have to go way up in the air to get to the same safety
level and whatever. So, if we dropped the voltage down to 60 or 40 or something like that what
we're really trying to do is get current.. We're trying get an amount of current over to Middleton
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or wherever it's going to be. So if we drop the voltage considerable and ran a much thicker
cable, so instead of %" or whatever it would be, you went to 1 ¥2", you could potentially get to
the same current level. And if you are down to 40 thousand volts, I don't know what the height
things are for that, but you might be down to 50 feet or something like that which would be a
whole lot more palatable. And unintelligible, it's going to cost them more because if you're
running a lot thicker cable and you gotta run probably more poles, 'cause they can stretch,
etcetera, but it's not 9 million dollars, instead of, ya know it might be a half million dollars more
in aluminum or whatever. So I think there are some options that we ought to try and look at. But
from a location prospective I don't know of any other.
BASTIAN: Russ are you testifying as an expert on this?
BUSCHERT: No, I'mjust trying to say, I think there are some alternatives that haven't been
looked at and can we get the experts in here to do the math. This is a simple engineering
problem. That somebody that knows this stuff, I'm sure there is probably somebody in the room
here that could say. Maybe you could recall the Idaho Power guy up here to ask him those
questions too.
Mr. Dodson provides rebuttal on the public testimony presented tonight. States that the original
application did propose to use exiting right of ways. He does not feel that power lines thwart
development, lists the example of Krispy Kreme Donuts and the Cross Roads development in
Meridian. Dodson concedes that Mr. Butler has valid comments regarding how the application
relates to the Comprehensive Plan. Also notes that the engineers have explored numerous
alternatives and this proposal is the most cost effective.
Mayor closes the public hearing.
City Attorney stands for question.
City Engineer, Vern Brewer, addresses questions regarding the use of large lines and shorter
power poles. Brewer does not think the outside consultant addressed this option, but is very
confident that they could. Brewer states he is not qualified to provide specific comment
regarding electrical specifications.
Discussion. Bastian feels that based on the information tonight, he does not feel this application
meets the requirements of a conditional use permit, but perhaps there are alternatives which need
to be reviewed. He would be in favor of delaying a decision. Guerber feels that the existing
route should be looked at again, and perhaps other alternatives such as burying a portion of the
line or larger lines should be brought back for further review and discussion. Nordstrom concurs
with the comments from Bastian and Guerber. Also feels that this is really a regional power
issue and perhaps other entities that will be impacted by the addition of this line should be solely
shouldered by Eagle. He is prepared to deny this based on non-conformance to the
Comprehensive Plan. Mayor Merrill enjoys the uncluttered feel of Highway 44. She feels the
issue should be taken to PUC at this point and plead the case for the need for the line to be
buried. In the interim the City should be exploring acceptable alternatives which would be
acceptable in lieu of burying the lines. Discussion.
Bastian moves to continue this item to the next regular scheduled meeting, and in the mean
time I would like to work with staff develop a motion of denial based upon testimony given
tonight and based on the requirements of the CUP, and come back for the next meeting so
that we have our reasons clearly stated and that we can stand by our motion if we have to
in a legal action.. Seconded by Guerber. Discussion. ALL A YE...MOTION CARRIES.
Mayor calls a 5 minute break.
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B. RZ-3-03 - Rezone With Development Aereement From R-4 To MU-DA - Paramount
Parks at Eaele LLC: Paramount Parks at Eagle LLC, represented by Gerald Teal with Teal
Architects, is requesting a rezone fromR-4 (up to four dwelling units per acre) to MU-DA
(Mixed Use with development agreement). The 2.9-acre site is located on the west side of Eagle
Road approximately 8oo-feet south of Floating Feather Road at 813 N. Eagle Road. This item
was continued from the September 23,2003 meeting.(WEV)
Mayor introduces the item.
The applicant has requested this item be continued.
Bastian moves to continue item RZ-3-03 Rezone with Development Agreement from R-4 to
MU-DA. Seconded by Guerber. ALL A YE...MOTION CARRIES.
C. Review of proposed chanees to the solid waste contract with BFI. The public hearing is
for the adoption of fees and regulations in relation to recycling and trash service within the
corporate City limits. (SKM)
Mayor introduces the item.
Mark Miller, Chairman of the Let's Talk Trash Committee, 646 Palmetto Dr. Mr. Miller reviews
the history of this issue and the purview of the Committee. The goal has been to extend the life
of the landfill and provide equitability to residents. Mr. Miller reviews the findings of the public
opinion survey and of the committee.
Mayor opens the public hearing.
Mayor closes the public hearing.
Discussion. Guerber is pleased with the amount of public input this issue has garnered. Bastian
is concerned with some of the rates proposed feeling they may be somewhat higher than
necessary .
Tanya Mericle 11101 W. Executive Dr. Boise, Idaho representing BPI addresses Council
member Bastian's question regarding fees. Discussion.
Bastian moves to continue this item to the first regular meeting in November and at that
time BFI, having worked with the committee members, come back with several possibilities
of rates that would indicate at what point they can make a profit and contribute to
education and to the recycling effort. Seconded by Guerber. ALL A YE...MOTION
CARRIES.
D. PPIFP-I-O3 - Merrill Subdivision No.4 (Rockv Mountain Business Park) - Dave Evans
Construction: Dave Evans Construction, represented by Dave Evans, is requesting combined
preliminary plat and final plat approval for Merrill Subdivision No.4 (a re-subdivision of Lot 12,
Block 3, Merrill Subdivision No.2, formally known as Rocky Mountain Business Park). The
2.29-acre, 6-lot commercial subdivision is located at 501 S. Fitness Place. (WEV)
Mayor introduces the item.
Mayor swears in Mike Guyagos.
Mike Guyagos 2721 Cinnamon Place, Meridian. Mr. Guyagos makes himself available for
questions.
Jeff Lowe, City Staff, reviews the staff report.
Mayor opens the public hearing.
Mayor closes the public hearing.
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Mayor states she has no interest in this property and would generally recuse herself from
conducting this meeting, but as there is no chance of a tie tonight so she will continue to conduct
the meeting, and she will not participate in discussion.
Discussion.
Bastian moves to approve PPIFP-I-03 - Merrill Subdivision No.4. Seconded by
Nordstrom. ALL A YE...MOTION CARRIES.
E. CU-4-03 & PP.2-03 - Paddv Row Subdivision - Steve Roth: Steve Roth, represented by
Jane Suggs, is requesting a conditional use permit and preliminary plat approval for Paddy Row
Subdivision, a 30-lot (24-buildable, 5-common, I-private street) residential subdivision. The
3.55-acre site is generally located on the north side of 2nd Street approximately 50-feet north of
Plaza Drive at 150 South 2nd Street. (WEV)
Mayor introduces the item.
Mayor swears Ms. Suggs.
Jane Suggs 200 Louisa St. Boise, Idaho representing Steve Roth.
application.
Jeff Lowe, City Staff, presents the staff report.
Vern Brewer, City Engineer, provides comment on the variance. Their office did review the
application and recommended approval. Discussion regarding FEMA maps.
Larry Sale, with Ada County Highway District, provides comment regarding the future extension
of Plaza Street.
Ms. Suggs reviews the
Mayor opens the public hearing.
Suggs provides comment regarding the interaction with the Drainage District No.2.
Mayor closes the public hearing.
Bastian moves to approve CU-4-03 & PP-2-03 Paddy Row Subdivision adding site specific
condition# 33: Construct a 6" vertical curb and gutter abutting both sides of the private
roadways within the development. Plans detailing the roadway improvements shall be
submitted for review and approval by the City Engineer prior to City approval of the final
plat. #34: Developer shall provide 3" caliper trees on both sides of Tranquil Street. #35 A
break away wrought iron fence shall be installed along the south side of the drainage ditch
within the subdivision. Seconded by Nordstrom. Discussion. Bastian amends his motion to
include all site specific and standard conditions of approval, as well as the drawings and
representations submitted by the applicant. Second concurs. ALL A YE...MOTION
CARRIES.
F. V-2-03 - Variance From The Minimum Finished Floor Elevation Above The Base Flood
Elevation - Steve Roth: Steve Roth, Represented By Jane Suggs, Is Requesting City Approval
Of A Variance From The Requirement To Construct The Residential Finished Floor Two-Feet
(2') Above The Base Flood Elevation, And From The Requirement To Construct Roadways And
Manholes Y2-Foot (0.5') Above The Base Flood Elevation. The Site Is Generally Located On
The Northeast Corner Of 2nd Street And Plaza Drive, At 150 South 2nd Street. (WEV)
Mayor introduces the item.
Guerber moves to approve V-2-03 variance from the minimum finished floor elevation
above the base flood elevation. Seconded by Nordstrom. ALL A YE...MOTION CARRIES.
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G. ZOA-I-03 - Zonine Ordinance Amendment - Citv of Eaele: City of Eagle is proposing to
amend Eagle City Code Title 8 "Zoning", Chapter 2 "Zoning Districts and Maps", Article A "DR
Design Review Overlay District", amending the code to modify the architecture and site design
criteria for development located within the DR design review overlay district, and to adopt a
supplemental guidebook to define specific period architectural styles, themes, and elements
envisioned for the further enhancement of the City. Staff is requesting this item be continued to
the October 28, 2003 meeting. (WEV) I
Mayor introduces the item.
Guerber moves to continue ZOA-I-03 - Zoning Ordinance Amendment to the October 28,
2003. Seconded by Guerber. ALL A YE...MOTION CARRIES.
Mayor would like to re-arrange the agenda to hear the final plat for Countryside prior to the final
public hearing.
Nordstrom moves to hear item 8A prior to item 6H. Seconded by Guerber. ALL
A YE...MOTION CARRIES.
8A. FPUD-9-03 & FP-ll-03 - Final Development Plan and Final Plat for Countrvside
Estates PUD Subdivision No.3 - Countryside Estates LLC.: Countryside Estates LLC,
represented by Steve Arnold with Briggs Engineering, are requesting final development plan and
final plat approval for Countryside Estates Subdivision No.3, a 27-lot (22-buildable, 5 common)
residential subdivision. This l1.02-acre phase of Countryside Estates PUD Subdivision is
located near the northwest corner of Ballantyne Road and State Highway 44 (State Street).
(WEV)
Mayor introduces the item.
Dave Yorgason, 6200 N. Meaker PI. representing Countryside Estates. Mr. Yorgason reviews
the application. Discussion regarding drainage concerns and mold issues throughout the valley.
City Engineer notes that they are planning on bringing forward some recommendations for
Council's review.
Jeff Lowe, City Staff, makes himself available for questions.
Council discussion.
Nordstrom moves to approve FPUD-9-03 & FP-ll-03 - Final Development Plan and Final
Plat for Countryside Estates PUD Subdivision No.3 per staff recommendations and
findings all inclusive, with one exception that we strike the portion of site specific condition
number 10 that refers to tiling the ditch on the western boundary of the development only,
and that we leave the portion otherwise dictating tiling of the ditch. Seconded by Guerber.
ALL A YE...MOTION CARRIES.
H. Resolution No. 03-12: Adoption of fees in association with general business licenses. The
proposed annual fee is in the amount of $25.00. (SKM)
Mayor introduces the item. Discussion.
Bastian moves to approve Resolution 03-12 a resolution of the city council of the city of
Eagle Idaho, relating to license fees for general business license and providing an
effective date. Seconded by Nordstrom. Discussion. TWO AYE; ONE NAY (Guerber )
MOTION CARRIES..
Staff is directed to contact the State Tax Commission and Ada County in an effort to notify all
businesses in town of their responsibility to obtain a business license.
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7. PROCLAMATIONS Be RESOLUTIONS: NONE
8. FINAL PLATS:
A. FPUD-9-03 & FP-11-03 - Final Development Plan and Final Plat for Countrvside
Estates PUD Subdivision No.3 - Countryside Estates LLC.: Countryside Estates LLC,
represented by Steve Arnold with Briggs Engineering, are requesting final development plan and
final plat approval for Countryside Estates Subdivision No.3, a 27-lot (22-buildable, 5 common)
residential subdivision. This l1.02-acre phase of Countryside Estates PUD Subdivision is
located near the northwest corner of Ballantyne Road and State Highway 44 (State Street).
(WEV)
See above.
B. FPUD-7-03 & FP-9-03 - Final Development Plan and Final Plat for Brookwood
Subdivision No.9: Aries Development. LLC: Aries Development, LLC represented by Mike
Horrnaechea, is requesting final development plan and final plat approval for Brookwood
Subdivision Phase 9, a 38-lot (32-buildable, 6-common) residential subdivision. This l6.44-acre
(approx.) phase of Brookwood PUD is located on the north side of Floating Feather Road and
west of Feather Nest Estates Subdivision. The site is within the Eagle City Limits.
Mayor introduces the item.
See above.
C. FPUD-8-03 & FP-I0-03 - Final Development Plan and Final Plat for Brookwood
Subdivision No. 10 - Aries Development LLC: Aries Development, LLC, represented by Mike
Hormaechea, is requesting final development plan and final plat approval for Brookwood
Subdivision Phase 10, a 22-lot (I8-buildable, 4-common) residential subdivision. This 15.82-
acre (approx.) phase of Brookwood PUD is located on the north side of Floating Feather Road
and west of Feather Nest Estates Subdivision. The site is within the Eagle City Limits.
Mayor introduces the item.
See above.
9. UNFINISHED BUSINESS:
A. Review and approval of chanees to the personnel policv manual. This item was continued
from the August 12, 2003 meeting. Staff is requesting this item be continued to the November 11,
2003 meeting. (SKM)
Mayor introduces the item.
Nordstrom moves to continue this time to the November 11, 2003 meeting. Seconded by
Guerber. ALL A YE...MOTION CARRIES.
B. DR-36-03 - Common Area Landscapine for Brookwood Subdivision Phases 9 and 10 -
Aries Development LLC: Aries Development LLC, represented by Phil Hull with The Land
Group, is requesting design review approval of the common area landscaping within Brookwood
Subdivision Phases 9 and 10. The two phases are located on the north side of Floating Feather
Road adjacent to Phase 6 and adjacent to Feather Nest Estates and Lexington Hills Subdivisions.
(WEV) This item was continued from the September 9,2003 meeting. It should be heard in
conjunction with items 8B & 8e.
C. Discussion to determine if the Council wishes to hold a Citv Hall bond election in
February 2004. (NM)
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Mayor introduces the item.
Guerber moves that we schedule a bond election on a new civic center for February 2004.
Seconded by Nordstrom. Discussion. Perhaps we need to go out to bid for a marketing
firm. Discussion. TWO A YE...ONE NAY (Bastian). MOTION CARRIES.
Buxton states that any marketing in favor of a City Hall would need to be paid for by private
funds. Informational marketing is allowable, but nothing promotional would be allowed.
Discussion.
Community meeting seeking public input on City Hall facility needs will be held on November 5,
2003.
10. NEW BUSINESS:
A. Ordinance No. 459: An ordinance of the City of Eagle, Idaho amending Title 3, Chapter 1,
General Licensing Provisions and providing an effective date. (SKM)
Mayor introduces the item.
Nordstrom 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 # 459 be considered after being read once by title only.
Nordstrom reads Ordinance # 459 by title only. Seconded by Bastian. TWO AYE. NAY
(GUERBER) MOTION CARRIES.
Nordstrom moves that Ordinance #459 be adopted. Seconded by Bastian
(roll call vote) Bastian: AYE; Guerber: NAY: Nordstrom: AYE: TWO AYE: ONE NAY:
MOTION CARRIES.
B. Ordinance No. 460: An ordinance of the City of Eagle, Idaho, amending Title 1, Chapter 9,
Municipal Elections and providing an effective date. (SKM)
Mayor introduces the item.
Guerber 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 # 460 be considered after being read once by title only. Guerber
reads Ordinance #460 by title only. Seconded by Nordstrom. Discussion. ALL AYE:
MOTION CARRIES.
Bastian moves to amend the ordinance and strike out section B, adopting the remainder of
the ordinance as presented. Seconded by Guerber. Bastian: AYE; Guerber: AYE:
Nordstrom: AYE: ALL AYE: MOTION CARRIES.
C. Discussion of the FY 2008-2009Transportation Improvement Proe:ram (TIP) and the
Ada Countv Hie:hwav District Five Year Work Proe:ram. (WEV)
Mayor introduces the item.
Vaughan reviews the recommendations forwarded by the Planning and Zoning Commission.
Council discussion regarding re-prioritizing the recommendations as forwarded by the Planning
and Zoning Commission.
Bastian moves to continue this item to the October 28, 2003 meeting. Seconded by Nordstrom.
Discussion. Bastian rescinds his motion.
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Bastian moves to approve the plan as revised tonight. Seconded by Nordstrom. ALL
A YE...MOTION CARRIES.
D. Claims Aeainst the City
Mayor introduces the issue.
Guerber moves to pay the claims as presented. Seconded by Nordstrom. Bastian AYE,
Guerber AYE, Nordstrom AYE... ALL A YE...MOTION CARRIES.
Larry Sale, the ACHD liaison, states that in regards to landscaping and medians they will try and
work with the entities. We would not be willing to pay for it, but would be willing to discuss the
issue.
11. REPORTS
1. Mayor and Council's Report: Bastian updates Council on the Design Review meeting and
actions taken at that meeting. Reports on the Library and current activities there. They have
someone who may be coming in to train staff in reference on a contract basis similar to the city
arborist and code enforcer. If would behoove the City to have the Library Director reports
quarterly. It will improve relations with the Council and the Library Board and Director. Ron
Baker may be contacting the Clerk's Office to be added to a November Pre-Council agenda.
Guerber states that the locations for the Parks signs were determined last week and should be
installed within the next week. Eagle Fire Department had an open house with great response.
They will be getting 2 new trucks from Green Bay Wisconsin. Air Quality Board met last week
and they are doing an investigation about educating the public about air quality. Nordstrom
attended the Senior Center Board meeting today. The Clerk is directed to see if the insurance for
the van could be added to the City's policy. The Seniors would still have to pay for the fee, but if
they could get a reduced rate that would be a great help to the Seniors. Nordstrom also feels that
the van is not being utilized to its maximum, perhaps City staff could help organize them. Mayor
relays an idea that she is working on with Sgt. Borgquist to help get the youth in the community
teach Senior Citizens to work on computers. Gives an update on the Pat Summerall award.
Bastian states perhaps a consultant should be hired to work on a comprehensive plan update for
the area of impact. Mayor would like to direct the Zoning Administrator to come up with a list
of potential consultants and bring them back to Council for review
2. City Engineer Report: Report on pathways the and Corp permits. The fence construction is
underway and should be finished up within the next 2 weeks. Letters to the fire department
should be sent for their help clearing the pathway Holladay will also be bringing some drainage
requirements for consideration. The Mayor had asked Holladay to see about utilizing the City's
water shares at the Hill Road location. It has been somewhat challenging getting together with
the Dry Creek Ditch Company representatives to discuss the issue. A meeting is being sought
with Dry Creek, HECO, and the Mayor.
3. City Clerkffreasurer Report: Deputy Clerk gives a report on a request from the Senior Center
regarding making modifications to the parking space for the new van. Nordstrom moves to
allow the Sr. Center to redesign the overhead awning and add a pad, but if there is a
request for monies it would need to come back before Council. Seconded by Guerber.
ALL A YE...MOTION CARRIES. Clerk is directed to move forward obtaining proposals for
the re-roofing of City Hall this Fall. Invitation to bid for park maintenance.
Place the Lloyd Campbell agreement on the October 28, 2003 meeting.
4. Zoning Administrator's Report:
Vaughan asks Council's input regarding a banner sign to be placed over Eagle Road by a local
church. He wanted to confirm that Council also felt it was inappropriate for it to be placed
across the roadway. Vaughan also comments on the type of fencing for Cottonwood
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Subdivision. The museum parking lot issue is discussed, and the bids which were received.
Vaughan is seeking Council approval to be directed to obtain 3 bids and if Council would
approve a not to exceed amount then we can move forward. Guerber moves to have staff go
through the informal bid process and authorize payment up to the $5000. Seconded by
Bastian. ALL A YE...MOTION CARRIES.
5. City Attorney Report: Chase hearing has been scheduled. Letter has been sent off to Wagner
Farms. A letter has been sent to ACHD that we will no longer collect fees on their behalf.
Would like a quick executive session for the ITD case.
Nordstrom moves to go into Executive Session for litigation and personnel. Seconded by
Guerber. BASTAIN, AYE; GUERBER, AYE, NORDSTROM, AYE: MOTION CARRIES.
12,
ADJOURNMENT:
Hearing no further business, the Council meeting adjourned at 12:30 am.
Bastian moves to adjourn at 12:30 a.m.. Seconded by Guerber. ALL AYE: MOTION
CARRIES...
Respectfully submitted:
APPROVED:
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