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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 K:\COUNClL\MlNUTESITemporary Minutes Work Area\CC-12-l7-03spmin.doc 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 Page 2 K:\COUNCIL\MlNUTES\Temporary Minutes Work Area\CC-12-l7-O3spmin.doc 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 Page 3 K:\COUNCIL\MlNUTESITemporary Minutes Work Area\CC-12-17-O3spmin.doc 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. Page 4 K:\COUNC1L\MlNUTES\Temporary Minutes Work Area\CC-12-l7-03spmin.doc 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................... Page 5 K:\COUNCIL\MlNUTES\Temporary Minutes Work AreaICC-12-17-03spmin.doc 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: ft Cv+-u-- l ~ ~ SHARON K. MOORE ....'11111::'"" CITY CLERKffREASURER ...ø.'" ~ OF E::(~'" "~4i' '\ ........ ~<:' ~ ~'I"~ ..' T) .'. ~- '\ ::.. "'.. <'-So ".' ,,'. ,. :: I Ie" ,\ e. ';. \ :::c ..: :-*.' :"": ..: . . :.. .. ~ . '-.' ..' . '1io .,- . ..:: ~ \ <.p'" ! c:f~ ~ ~ />'. . .~.." ## ~, ." .." .." " " . ",. .~ #, #, ,. ~..""- " '. . "'~' > '.";;:HU"... APPROVED: Page 6 K:\COUNCIL\MINUTESITemporary Minutes Work Area\CC-12-l7-03spmin.doc