Minutes - 2003 - City Council - 12/17/2003 - Special
ORIGINAL
EAGLE CITY COUNCIL
Special Meeting Minutes
December 17, 2003
Held at the Senior Citizen Center
1. CALL TO ORDER: Mayor Merrill calls the meeting to order at 6:45 p.m.
For the record, the reason we are here tonight is because of inadequate equipment due to the fact
that there was a large enough crowd that we were not able to have the meeting in the Council
Chamber. We are here again tonight to redo our last meeting on this issue. There has been some
suggestion that this was a conspiracy or that we wanted to do this. Let me assure you this is the
last thing that we wanted to do on December 17th was to pull everyone out of their homes during
the Holiday Season to redo this. However, we feel that it is important enough that we have a
transcribable record as required by law. What we are going to try to do tonight is expedite the
process as quickly as we can and get enough information into the record that it is a transcribable
record and we have enough information to make a good decision. You have before you the
minutes from the last meeting. Our capable staff did their best and did a great job not knowing
that the tape didn't work in keeping a handwritten record from the last meeting. Therefore these
minutes are the handwritten record of the last meeting. As you go through these please let me
know if you have any objections to these minutes. We will resubmit these as part of the record
tonight. There were many people who testified on many issues, if this record stands as correct
and you are alright with it then you may not re-testify tonight if you so desire, however, you are
always invited, never oblígated, to do so.
2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. Nordstrom is absent.
A quorum is present.
3. PLEDGE OF ALLEGIANCE:
4. PUBLIC HEARINGS:
A. A-2-03/RZ-2-03/CU-5-03/PPUD-I-O3/PP-3-03 - Laeuna Pointe Planned Unit Development-
Laeuna Pointe LLC: Laguna Pointe LLC, represented by Land Consultants Inc., is requesting an
annexation and rezone from RUT (Rural Urban Transition) to R-2-DA-P (Residential up to two units per
acre with development agreement and PUD) and R-E-DA-P (Residential Estates up to one dwelling unit per
two acres with development agreement and PUD), a rezone from A-R (Agricultural-Residential) to R-2-
DA-P (Residential up to two units per acre with development agreement and PUD) and R-E-DA-P
(Residential Estates up to one dwelling unit per two acres with development agreement and PUD),
conditional use, preliminary development plan, and preliminary plat approvals for Laguna Pointe planned
unit development. The 117.51-acre development consists of a 69-10t (55-buildable, 14-common) residential
subdivision. The site is located east of Eagle Road approximately 't2-mile north of Chinden Boulevard at
2260 S. Eagle Road
Mayor: We have before us tonight, as I have said, already into our record and I do have initialed
here from Mark Butler who is the represented for Laguna Pointe that they will accept these
minutes as being accurate as being public testimony from the last meeting. So we will enter
these again into the public record tonight as testimony for Laguna Pointe. We also had a DVD
which everyone saw that talked about the noise level this will also be entered into the record and
will not redo this tonight. These are the ground rules. We have a timer tonight. The applicant
will have 15 minutes for a presentation. The general public will have three minutes to testify. If
you do not want to testify and defer your testimony to someone else who would like to take more
time feel free to do that. At the end of the time for the public testimony we will hear rebuttal
from the applicant for 10 minutes. The public hearing will then be closed.
Pagel
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Mayor swears in Mark Butler
Mark Butler, The Land Consultants, representing the applicant, I have prepared written
testimony and I will read it into the record to save time. (This written testimony will be attached
to the minutes as an exhibit) Butler provides an overview of the project for the City Council.
Mayor swears in Paul Thorton
Paul Thorton, applicant, submits a Presentation Outline that he reads into the record. (This
written testimony will be attached to the minutes as an exhibit) Plays a video showing the
boating on the lake and recording the noise. (This video is attached to the minutes of the
November 11, 2003 City Council meeting as an exhibit) Discusses Idaho Code in relation to
waterways. Provides Council an overview of the project.
Zoning Administrator Vaughan: Displays overheads and provides Council an overview of the
project. Discussion on the private roads. We received a letter from Boise City with concerns
about three lots adjacent to their public works facility. Discussion on the pathway and discussion
on gravel extraction. General discussion.
City Attorney Bailey: This application is coming under a Conditional Use Permit. Eagle Code
addresses some of the concerns mentioned tonight. Each specific use must be addressed
individually. (Reads from the Eagle City Code) navigable water. We are dealing with a man
made lake which falls within the discretion of the Council.
Chuck Mickelson, Public Works Director of the City of Boise, when you were working on your
comp plan we had extensive discussion on Boise City property. Discussion on the West Boise
Sewer District Plan. The City of Boise owns property adjacent to three of the lots in this
proposed subdivision. The City purchased this property from the Mace family to use for future
expansion of the Boise City West Boise Wastewater Treatment Facility. In the 1990's we
entered into a land exchange agreement with the City of Eagle and Dennis Baker. On December
9,2003 we submitted a letter to the City of Eagle staff. We have two major concerns with this
development. The current zoning is generally compatible with the present and future uses of our
property. Our first request is that the zoning change not be approved for the portion of the
property in which lots 23, 24 and 25 are proposed and only one home be allowed in this area.
Discussion on the Findings from the Planning and Zoning Commission and the areas in the
Findings that make no reference to the West Boise Sewer District property that adjoins this
development. Discussion on potential flooding in the area and discussion on the flood control
dike. This dike is not constructed to any standard to prevent flooding, nor is it constructed to any
standards accepted by FEMA. The City of Boise does not take any responsibility for its long
term maintenance. We are requesting that the developer enter into an agreement with Boise City
in regards to any maintenance responsibilities for the flood control dikes and the developer shall
hold the City harmless from any damage claims as a result of breach of the dike. General
discussion.
Mayor opens the Public Hearing
Mayor swears in Robert Minch
Robert Minch, 701 West Bankside, Eagle, discussion on the pathways and the Regional Pathway
Plan. I sometimes bike into Boise. It is dangerous for bikers to have pathways that divert into
subdivisions. Discussion on the stream that gets water from the river and from the Laguna pond.
This affects a lot of people in the area. This stream does go back into the river. General
discussion.
Mayor swears in Shannon Cook
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Shannon Cook, 2260 S. Eagle Road, discussion on the boat issues, boat testing and the noise.
Mayor swears in Bryan Martin
Bryan Martin, 9634 Knottingham Drive, Boise, I am one of the consultants for this project and I
want to address the flood plain issues. This development plan will comply with all regulations.
We will install culverts under all roadways to divert flood waters. This property does have a
water right which we are going to maintain. General discussion.
Mayor swears in Barry McCahill
Barry McCahill, 1741 S. Willow Lake Way, Eagle, I am a homeowner in Island Wood and I am
certified by the Coast Guard. Discusses the boating industry and the boat noise. You can't
completely take the noise out of power boating. Eagle is not Payette Lake. My neighbors take
their power boats to Payette Lake and Lucky Peak. This is a residential community.
Mayor swears in Steve Cooper
Steve Cooper, 1837 S. Lakemoor, the boating and noise issue depends on self regulation. What
about the noise with the gravel extraction? Where was the self regulation?
Mayor swears in Larry Moresco
Larry Moresco, 1794 S. Lakemoor Way, Eagle, distributes information to the Council and
discusses the same. Discusses development issues that he is proposing. Discussion on flooding
in Eagle, the flood plain and the flood way. Discussion on the wetlands located on the property.
Discussion on speed boat noise. I will not address jet skis as the developers have said they will
not allow jet skis. General discussion.
Mayor swears in Larry Durken
Larry Durken, 713 E. River Quarry Drive, Eagle, I am here at the request of the Island Woods
Homeowner's Association. I noticed in the applicant's statements there were a lot of threats of
lawsuits. The proposal is not in compliance with the comp plan. Our concerns are primarily
environmental. I have a photo to give to the Council of a lake in Caldwell that was mentioned
earlier. Our request is to send this back to the Planning and Zoning Commission.
Mayor swears in Rich Josephson
Rich Josephson, 664 E. Riverchase, Eagle, there are a lot of issues with this project. Discussion
on a highway plan. We need to be careful about establishing a precedent. People should have a
choice of whether or not they want to live near a ski lake.
Mayor swears in Scott Berka
Scott Berka 1052 W. Colechester, Eagle, I have lived on a private water lagoon. I could be on
my deck and the boat would not disturb us, the jet skis did. In no way did the water lagoon lower
property values.
Mayor swears in Kelly Berka
Kelly Berka, 1052 W. Colechester, Eagle, I spent my life around water ski areas. The tax dollars
for the homes in the project will benefit the City of Eagle. We are aware of the flood issues.
Mayor swears in John Heimer
John Heimer, 1454 Shenandoah Drive, Boise, I own and operate Boise River Tours. I came out
this evening because I run a little boating operation on the Boise River through this area. Near
the upper end of this area there are bird nesting areas. I don't know how this area will be
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impacted by this area. This is a unique nesting area which should not be impacted by
development. There is a wide variety of wildlife along the river which should be preserved.
Mayor swears in Mike Bowen
Mike Bowen, 1273 Willowwood Way, Eagle, my concern is the water pollution. Discussion on
measuring the noise.
Mayor swears in Jenna Borovansky
Jenna Borovansky, Idaho Rivers United, Conservation Director, I would like to echo what John
Heimer has said. We are drawn to the area because of the wonderful river area. Development
has impacted our waterways. I hope that you protect and buffer the wetlands.
Mayor calls a recess at 8:40 p.m.
Mayor reconvenes at 8:55 p.m.
Mayor swears in Guy Hendrickson
Guy Hendrickson, 1772 Lakemoor Way, discusses the noise. (The letter and his CD have been
received and are part of the record.) We have a lake cabin in Cascade and the boat noise is
annoying but up there boats are part of the game. I did not buy in Eagle for the boat noise. I am
concerned about the enforcement. I would like to see a better greenbelt access and a boat ramp
to the river.
Mayor swears in Tom Dater
Tom Dater, 827 E. Riverside, discusses the noise issue. The sewer treatment plant is of interest
to me. If three people build on the lots next to the plant that is their choice. Discussion on the
flooding. There doesn't seem to be much consistency here. There must be a conspiracy to this
project. This is no different than any other project that has gone in. This is a good project for
Eagle.
Mayor swears in Mark Walton
Mark Walton, 1924 S. Riverfork Place, I am the President of the Island Woods Homeowner's
Association. The comments about a conspiracy is laughable. There are 250 lots in Island Wood
and most people are against this project. Noise is an issue that got us started. The issues boil
down to the control over the water. CC&R's can be changed. We bought our home for the
quality of life. Our quality of life will be impacted if the boats are allowed.
Mayor swears in Matt Baker
Matt Baker, 1567 S. Rivergrove Way, this is far from a conspiracy. We are out here in large
numbers because this is very serious to the people who live in this area. Motorized boats go
against everything that the area is. There is no possible way they can enforce the area. It is a
matter of enforcement and policing. Gilbert Lake in Caldwell is an industrial zone. I'm asking
you to deny any kind of motorized boats. This is not right for the City of Eagle and residents that
live in that area.
Mayor swears in Dan Torfin
Dan Torfin, 659 River Quarry, I want to talk about compatibility. I did go out to Gilbert Lake and
it is adjacent to an industrial zone. I took some pictures of the area and would like to submit
them to Council. Motorized watercraft is compatible in an industrial zone. I would like to see
the development go in without the motorized watercraft. We designed Lakemoor to be
compatible with the area. We have lots that are approximately 300' from this project and if the
motorized watercraft is allowed we would probably not be able to market these lots.
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Mayor swears in Earnest Harper
Earnest Harper, representing the applicant, distributes a written statement to the Council and
discusses noise levels. General discussion.
Mayor swears in Dennis Baker
Dennis Baker, 250 S. Beechwood, Boise, I wrote you a letter in November in regards to this
development. Never have I testified against a development in my history. You have a major
policing problem in regards to the motorized watercraft. It is unusual to be considering
something like this.
Mark Butler, representing the applicant, Mr. Michelson knew our subdivision plan and it is
unfortunate that this has come up at the last minute. Weare not interested in losing these three
lots. We would agree to a condition that notifies the property owners that there will be a sewer
treatment plant. There was an environmental impact assessment done on this project.
Discussion on the pathway and sportsman access. We do not want to be annexed until we finish
our gravel extraction in the County. Discussion on the noise from the boats. General discussion.
Paul Thorton: Discussion on control over the waterways. The City has no direct control over the
waterways. General discussion. The ordinances that have been proposed to the City tonight
would not apply to our project. We are not worried about the noise. I am not trying to be
threatening I am just trying to point out State and City Codes. I love wildlife and we will
enhance the wildlife. We have been running the boats for weeks and no one has complained
tonight about the boat noise. Discussion on enforcement and on noise.
Mayor swears in Richard Orton
Richard Orton, representing the applicant, I'm here tonight to talk on water quality and flood
plain issues. Motorized boats do not offer any water quality problems. Discussion on ground
water and water quality and the laws associated therewith. Discussion on flood plain issues and
flood plain laws. I know from experience that this Council understands flood plain issues and
laws. General discussion.
City Attorney Bailey: Discussion on the State Law that the applicant has quoted and discussed
tonight. I will research this for the Council.
Council and staff discuss annexation, a development agreement and the comments that the
applicant's representative made in regards to being annexed and the development agreement.
There is not a finalized Development Agreement provided with this applicant and there is not a
proposed Development Agreement.
Mark Butler, representing the applicant, we submitted with our application a Development
Agreement. You obviously don't have the Development Agreement; staff recommended that the
Development Agreement not be included. Discussion on gravel extraction, annexation and the
Development Agreement.
General Council and staff discussion on proper notification to property owners.
Mayor closes the Public Hearing.
General Council discussion.
Sedlacek moves to continue A-2-03/RZ-2-03/CU-5-03/PPUD-I-O3/PP-3-03. Laguna Pointe
Planned Unit Development to the January 13, 2004 City Council Meeting and this items will
be placed first on the agenda after the Consent Agenda. Seconded by Guerber. Discussion.
ALL AYES: MOTION CARRIES...................
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4. ADJOURNMENT:
Guerber moves to adjourn. Seconded by Bastian. ALL AYES: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 10:40 p.rn.
Respectfully submitted:
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