Minutes - 2006 - City Council - 05/16/2006 - Regular
EAGLE CITY COUNCIL
Meeting Minutes
May 16, 2006
PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m.
1. Mayor and Council's Report: No report fro'm Bandy, Guerber or Nordstrom. Bastian notes
that he has information he will pass along to the City Clerk regarding LT. purchasing from the
State purchasing list.
2. City Engineer Report: No report.
3. City Clerk/Treasurer Report: No report.
4. Zoning Administrator's Report: There is a Community in Motion meeting tomorrow from
4:00 -8:00 p.m.
5. City Attorney Report: Lt. Borgquist has asked that modifications be made to the City Code to
add a provision for runaways, increasing fines for speeding in school zones, requiring helmets for
skateboarders, and requiring fencing for pools. Discusses the response letter the Attorney's
Office sent to the Island Woods Homeowners Association. Requests that an executive session to
discuss pending litigation.
Bastian calls a 25 minute break.
1. CALL TO ORDER: Council President Bastian calls the meeting to order at 7:30 p.m.
2. ROLL CALL: Present: BASTIAN, GUERBER, NORDSTROM, BANDY. All present.
Absent: Mayor Merrill. A quorum is present.
3. PLEDGE OF ALLEGIANCE:
4. PUBLIC COMMENT:
Lisa Bowman 280 Cottonwood Ct. Eagle, Idaho. Is concerned with the construction along Eagle
Road and the negative impact on Eagle Road. The speed limit is 55 mph., and with the
developments on each side of Eagle Road it is becoming hazardous to use the center turn lane.
There was road construction being done today and pylons were being used and yet there was no
reduction in the speed limit. Staff is directed to contact ITD requesting that the speeds be
reduced if construction is taking place.
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.
A. Minutes of May 9, 2006.
B. Minutes of May 9, 2006 special meeting.
Nordstrom moves to approve the consent agenda as presented. Seconded by Bandy.
ALL A YE...MOTlON CARRIES
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Nordstrom moves add item 6A Resolution 06-26 and also an executive session for
pending litigation as item 10C. Seconded by Guerber. ALL A YE...MOTION
CARRIES.
6. PROCLAMATIONS & RESOLUTIONS:
A. Resolution 06-26: A resolution authorizing the destruction of temporary public records:
Nordstrom moves to approve Resolution No. 06-29 as presented. Seconded by Bandy. ALL
AYE.. . MOTION CARRIES.
7. FINAL PLATS: None
8. PUBLIC HEARINGS: None
9. UNFINISHED BUSINESS:
A. FPUD-OI-06 & FP-02-06 - Final Development Plan and Final Plat for Coast To Coast
(a.k.a. Laeuna Pointe) Subdivision - Coast 2 Coast. LLC.: Coast 2 Coast, LLC, represented
by Bryan Martin, P.E., with Toothman-Orton Engineering Company is requesting final
development plan and final plat approval for Coast To Coast (a.k.a.Laguna Pointe) Subdivision, a
56-lot (44-buildable, l2-common,) planned residential development. The site is located east of
Eagle Road approximately !I,-mile north of Chin den Boulevard at 2260 S. Eagle Road. (WEV)
Council President Bastian introduces the item.
Mark Butler 839 E. Winding Creek Eagle, Idaho representing Coast 2 Coast LLC. Mr. Butler
reviews the final development plan and final plat applications, and is in agreement with the site
specific and standard conditions as presented by the staff.
City Planner, Mike Williams. Williams states that there are no substantial changes between the
preliminary plat and this final plat application. Reviews the letter submitted by Toothman-Orton
Engineering Company and how the applicant will address the additional conditions that Holladay
Engineering has requested of this development. Letter is attached to minutes.
Bandy moves to approve FPUD-OI-06 & FP-02-06 - Final Development Plan and Final Plat
for Coast To Coast (a.k.a. Laguna Pointe) Subdivision - Coast 2 Coast, LLC including the
additional site specific conditions of approval listed in the May 15,2006 letter from
Toothman Orton Engineering. Seconded by Nordstrom. Discussion. ALL
AYE...MOTlON CARRIES.
B. Conference room names: (TEO)
Council President Bastian introduces the item.
Bastian moves Conference room 1 Freedom; Conference Room 2 Liberty; Conference
Room 3 Patriot. Seconded Guerber. ALL AYE...MOTlON CARRIES.
C. Draft room reservation policv. (TEO)
Council President Bastian introduces the item.
Discussion regarding reservation policy. The policy was compiled by utilizing elements from the
Eagle Library, Eagle Sewer District and Idaho Historical Commissions reservation policies. The
City Attorney's Office has reviewed the policy. Council directs staff to bring the fee schedule
back to Council as a public hearing for fees.
D. Discussion on the name for Hill Road Park.
Council President Bastian introduces the item.
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Nordstrom moves to name Hill Road Park as Stephen C. Guerber Park as a recognition of
this contribution to the City. Seconded by Bandy. Discussion. THREE AYE; ONE
ABSTAIN (GUERBER). ALL AYE...MOTION CARRIES.
E. Discussion offundinl!: for pedestrian sil!:naI at State Street and Stierman. (TEO)
Council President Bastian introduces the item.
Guerber states that all of his discussions with Terry Little with ACHD were that the crossing
lights would be installed at ground level. The memo Council receive states that an overhead arm
with flashing lights is proposed to be installed. This was never what was discussed.
Guerber would like to cover one half (Yz) the costs up to one half of $25,000 with the
stipulation that the pedestrian crossing be ground level installation ther than an overhead
mast arm. If for some reason, it must be an overhead mast arm it will need to come back
before Council for funding approval. Seconded by Bandy. Discussion. Kirk Hanson is
going to do follow up on this issue. BANDY, AYE; BASTIAN, AYE; GUERBER, AYE;
NORDSTROM, AYE. ALL A YE...MOTlON CARRIES.
10. NEW BUSINESS:
A. Approval of Drinkinl!: Water Protection Plan - Mick McCurry.
Council President Bastian introduces the item.
Mick McCurry, Facilities Manager reviews the Drinking Water Protection Plan.
Council would like the Mayor to send out a letter thanking the members of the committee for
their participation.
Guerber moves to approve Eagles Drinking Water Protection Plan as proposed. Seconded
by Nordstrom. ALL AYE.. .MOTlON CARRIES.
B. Discussion of budl!:et items for FY 06/07.
Council President Bastian introduces the item.
Deputy Clerk Osborn reviews budgetary items for the general fund, park fund, and water fund
and requests Council direction on expenditure items.
C. Executive Session.
Guerber moves to go into executive session to discuss pending/threatened litigation.
Seconded by Nordstrom. BANDY, AYE. BASTIAN, AYE, GUERBER AYE,
NORDSTROM AYE. MOTION CARRIES.
Discussion of pending/threatened litigation.
Council exits executive session.
City Attorney, Buxton states that with regard with the litigation Huffacre vs. City of Eagle. They
(Huffacre et al) are asking that the Court find them indigent because the fee for the estimated
costs for transcript for records $16,380. The appeal they filed includes the 2004 and 2005
Comprehensive Plan amendment, the Park Place Gardens subdivision, the Moffat subdivision, as
well as the Bella Terra subdivision. There are 84 tapes of public meetings for these meetings
that will need to be transcribed as according to Idaho State Code. The estimated cost of the
actual record, which is just the paper record that the City has on all of the applications, is
approximately 2 banker boxes and the estimated cost is $2460. The petitioners are telling the
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court that the fees are cost prohibitive to the petitioners, and that imposing that fee upon them
would impose an undue burden on them to proceed with their right to review the agency
decision. Under Rule 84 ofthe Idaho Rules of Civil Procedure the court could order the
agency/city to pay for that if governing statutes so provide or the court can declare the petitioners
being indigent. Buxton knows of no governing statute that would require that the city pay that.
In the preliminary review of this it appears that of the people that have appealed this, only one
lives in the City limits, the rest do not live in the City limits, the accessed value of all the
properties that they own exceeds $3.15 million dollars and it does not appear to the attorney that
they are indigent. But the attorney asks whether or not the Council will consider their request
and pay for the estimated costs to create all of the transcripts as well as the record.
Bandy moves to deny the request. Seconded by Guerber. Discussion. ALL
AYE...MOTlON CARRIES.
11. ADJOURNMENT:
Guerber moves to adjourn at 9:30 p.m.. Seconded by Nordstrom . ALL AYE: MOTION
CARRIES...
Hearing no further business, the Council meeting adjourned at 9:30 p.m.
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Respectfully submitted:
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SHARON K. BERGMANN
CITY CLERK/TREASURER
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