Minutes - 2007 - City Council - 11/07/2007 - Special
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EAGLE CITY COUNCIL
Special Meeting Minutes
November 7, 2007
I. CALL TO ORDER: Mayor Merrill calls the meeting to order at 5:00 p.m.
2. ROLL CALL: BASTIAN, GUERBER, NORDSTROM, BANDY. Bandy is present but is
not in the Council Chambers at this time. A quorum is present.
4. PLEDGE OF ALLEGIANCE: Bill Vaughan leads the Pledge of Allegiance.
Bastian moves to insert an amendment to the Agenda. Seconded by Guerber. Discussion:
Public has been told the canvassing of the votes will be around 6:00 p.m. Council concurs that
canvassing of the votes should not be moved on the agenda. Bastian moves to withdraw his
motion. Second (Guerber) concurs. ALL AYE...MOTION CARRIES........
Bandy is in attendance.
3. EXECUTIVE SESSION:
A. Pending & Threatened Litigation: I.c. 967-2345(t)
B. Personnel: I.C. 967-2345 (a) (b)
Mayor introduces the issue.
Nordstrom moves to go into Executive Session for the discussion of Pending & Threatened
Litigation: I.C. ~ 67-2345(1) and Personnel: I.C. ~67-2345 (a) (b). Seconded by Bandy.
Bastian: AYE; Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALLAYE...MOTION
CARRIES..... ...
City Council goes into Executive Session at 5: 15 p.m.
Council discusses pending and threatened litigation in regard to the pending water right.
Council leaves Executive Session at 6:00 p.m.
7. UNFINISHED BUSINESS:
A. Ordinance No. 586 (Eagle Island State Park): An Ordinance Annexing Certain Real
Property Situated In The Unincorporated Area Of Ada County, Idaho, And Contiguous To The
Corporate Limits Of The City Of Eagle, To The City Of Eagle, Idaho; Establishing The Zoning
Classification Of Said Real Property Described Herein; Amending The Zoning Map Of The City
Of Eagle To Reflect Said Changes; Directing That Copies Of This Ordinance Be Filed As
Provided By Law; And Providing An Effective Date. Pending approval of the Attorney
General. (WEV)
Mayor introduces the issue.
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 #586 be considered after being read once by title only. Guerber
reads Ordinance #586 by title only. Seconded by Bastian. ALL AYE...MOTION
CARRIES.
Guerber moves that Ordinance #586 be adopted. Seconded by Bastian. Bastian: AYE;
Guerber: AYE; Nordstrom: AYE; Bandy: AYE; ALL AYE...MOTION CARRIES.
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5. CANVAS VOTES: In accordance with Idaho Code, Section 50-467, the City Clerk is
requesting the Mayor and Council to canvas the results ofthe General Election. (SKB)
Mayor introduces the issue.
City Clerk, Sharon Bergmann, shares her experience, explains the process and give thanks.
The totals of votes were presented for both the Mayoral and Council Elections.
Bastian moves that we, the City Council members of the City of Eagle, State ofIdaho
acting as the Board of Canvassers of Election, do hereby state that the attached is a true
and complete abstract of all votes cast within the City of Eagle at the elections held
November 6, 2007, as shown by the records now on file with the City Clerks office.
Seconded by Guerber. Discussion: Mayor notes that there was a 36 % voter turnout for this
election. ALL AYE...MOTION CARRIES. Votes have been canvassed.
6. PUBLIC HEARINGS:
*These items were continuedfrom the October 30,2007 meeting. *
*The public hearings have been closed on these items.
A. CP A-6-07-Citv of Eal!:le: The City of Eagle is proposing a Comprehensive Plan Amendment
to achieve the following:
I) Adoption of the Eagle Foothills Sub-area Plan and associated text and maps;
2) Adoption of Brookside Sub-area Plan and associated text and maps;
3) Update appropriate sections of the existing plan to ensue consistency with the proposed
amendments. (NBS)
Mayor introduces the issue.
General discussion regarding letter from new Council Elects.
Nichoel Baird Spencer, City Planner, discusses growth rates.
General discussion regarding population, employment numbers, distribution lines, and the River
Plain Planning area.
Mayor calls a recess at 7:57 p.m.
Mayor reconvenes at 8: 17 p.m.
Councilman Guerber refers to page 80 and clarifies the intention is to provide funding for these
things.
General discussion regarding the Brookside Subdivision area.
City Attorney, Susan Buxton, comments on the detail in the M3 area description. The detail
reads as if it is the actual P.U.D. and not a Comprehensive Plan. She is concerned, when read, it
will be thought of as a standard.
General discussion regarding habitat areas, floodways, flood plains, open space and scenic
corridors.
Attorney Buxton discusses theories in regard to comprehensive plans and states ordinances need
to stay complementary.
Discussion regarding total area of proposed lots, open space, and vineyards.
Bastian moves to continue the Comprehensive Plan, along with amendments, to the special
meeting on Thursday, November 15, 2007, at 6:00 p.m. Seconded by Bandy. Discussion:
Bandy addresses the open space definition. ALL AYE...MOTION CARRIES.
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B. CP A-8-06 - Comnrehensive Plan Man Amendment to desil!:Date +/- 2.000 acres of
BLM land as Public/Semi-Public: The City of Eagle, is requesting a Comprehensive Plan
Amendment to establish a land use designation on the Comprehensive Plan Land Use Map of
Public/Semi-Public for the BLM property. The +/- 2,000 acres site is located approximately I;'
mile east of State Highway 16 and directly north of the Farmers Union Canal. (NBS)
C. CPA-5-06/Z0A-3-06/A-14-06/RZ-19-06- M3 Eal!:le - M3 Eal!:le: M3 Eagle, represented
by Gerry Robbins, is requesting a Comprehensive Plan Map Amendment to include +/- 6,005
acres into the Eagle Comprehensive Plan designating the following land use and zones: 40 Acres
Residential Rural (up to I unit per 5 acres), 1,627 acres Residential Estates (up to I unit per 2
acres), 470 acres Residential One (up to one unit per acre), 670 acres Residential Two (up to two
units per acre), 1,250 acres Residential Three (up to 3 units per acre), 670 acres Residential Four
(up to four units per acre), 770 acres Village Center, 88 acres Mixed Use, with an annexation
with Pre-Annexation Agreement, a rezone with a Development Agreement, Zoning Ordinance
Amendment to Eagle City Code Section 8. The 6,005 acre site is generally located north of the
Farmers Union Canal and Homer Road, east of State Highway 16 and west of Willow Creek
Road more specifically described in the meets and bounds description on file with the City of
Eagle. (NBS) Comprehensive Plan Map and Text Amendment Only.
D. CPA-I0-06 - Comnrehensive Plan Man Amendment to establish a Desil!:nation of
Foothills Cluster and Foothills Conservation. Avimor. LLC: Avimor, LLC., represented by
Robert Taunton, is requesting a Comprehensive Plan Map Text Amendment to include +/-
23,320 acres into the Eagle Comprehensive Plan designating the following land uses: +/- 7,100
acres Foothills Cluster Development (not to exceed 2 units per acre) and +/- 16,220 acres
Foothill Conservation Development (I unit per 40 acres). The +/- 23,320-acre site is generally
located from Highway 55 on the east to Willow Creek Road via Big Gulch on the west, the
northern boundary is approximately five (5) miles north of the Ada/Gem County line, the
southern boundary abuts the Connolly and Kastera properties. Specifically described in the
meets and bounds description on file at the City of Eagle. (NBS)
ABOVE ITEMS WERE CONTINUED BY MOTION TO THE NOVEMBER 15,2007,
MEETING.
9. ADJOURNMENT:
Bastian moves to adjourn. Seconded by Guerber. ALL AYE...MOTION CARRIES.
Hearing no further business, the Eagle City Council meeting adjourned at 10:28 p.m.
Respectfully submitted:
-S~~'~~
CITY CLERK/TREASURER
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A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT EAGLE CITY
HALL
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C' 7
November 7, 2007
CITY OF EAGLE
Ni v : 7 2007
File: / .
Route tc • /4 j C1
4141
An Open Letter to Mayor Merrill and the Eagle City Council: Mr. Bastian, Mr. Guerber, Mr.
Nordstrom and Mr. Bandy:
As newly elected officials of the city of Eagle, we respectfully request that the following
long-range planning items, which primarily impact growth in our foothills, NOT be voted on until
all of those individuals who will be charged with implementing those items can be a part of the
process:
1) CPA -6-07- City of Eagle: A comprehensive Plan Amendment.
2) CPA -8-06- Comprehensive Plan Map Amendment
3) CPA-5-06/ZOA-3-06/A 14-06- M3 Eagle
4) CPA -10-06- Comprehensive Plan Map Amendment to establish a Designation of
Foothills Cluster and Foothills Conservation, Avimor, LLC
As you know, in public testimony regarding these applications, it has been repeatedly
stated that these decisions may be the most important ever made by the City Council. These
decisions will significantly impact the rate, density and location of growth for the City of Eagle for
the next 20-30 years and will fundamentally change the nature of Eagle in terms of population,
traffic, school overcrowding, public image, and overall quality of life. We continue to have
concerns that the data and facts regarding. the above proposals have not been fully developed and
are currently inadequate to allow the Council to determine if approval of these applications is in
the best interests of the City of Eagle.
Furthermore, to allow the newly elected members of the council to participate in the
decision process demonstrates to the good citizens of Eagle and to those in Eagle's area of
impact, that you are serious about respecting the democratic process, listening to the voice of the
people, and carefully and responsibly managing growth.
Thank you for your respectful consideration of our request.
Sincerely,
COstliAn'
Eagle City Councilmen Elect
Al Shoushtarian
Michael Huffaker
EAGLE CITY COUNCIL MEETING
CANVAS OF VOTES
MUNICIPAL ELECTION
NOVEMBER 6, 2007
CG 7
Votes Votes Total Votes Votes Total
FOR MAYOR Precinct Precinct Votes FOR CITY Precinct Precinct Votes
#500 #501 Cast COUNCIL #500 #501 Cast
Phil Bandy 815 386 1,201 Michael Huffaker 1,296 756 2,052
Julie Barthlow 1 195 1 140 1 335 Scott E. Nordstrom 1 1,011 1 511 1 1,522
Saundra McDavid I970 1 562 1 1,532 Al Shoushtarian 1 1,359 1 737 1 2,096
Jason W. Pierce I364 1 171 1 535 Derek T. Smith 1 561 1 262 1 823
Total # of Voters #500 - 2,370
#501 - 1,278
3,648
11/6/07 Registered Voters 10,048 36% Voter Turn Out
STATE OF IDAHO )
City of Eagle
ss.
We, the City Council Members of the City of Eagle, State of Idaho, acting as a Board of Canvassers of election, do hereby state that the
attached is a true and complete abstract of all votes cast within the City of Eagle at the Election held November 6, 2007, as shown by
the records now on file in the City Clerk's Office.
Stan Bastian, Council Member Scott Nordstrom, Council Member
Steve Guerber, Council Member Phil Bandy, Council Member
I, Sharon K. Bergmann, City Clerk of the City of Eagle, State of Idaho, do hereby certify that the attached is a full, true and complete copy
of the Canvas of Votes for the candidates therein named as shown by the record of the Board of Canvassers filed in my office this 7th
day of November, 2007.
Sharon K. Bergmann, City Clerk/Treasurer
'b 50-467. CANVASSING VOTES—DETERMINING RESULTS OF ELECTION.
The mayor and the council, within six (6) days following any election, shall meet for the purpose
of canvassing the results of the election. Upon acceptance of tabulation of votes prepared by the
election judges and clerks, and the canvass as herein provided, the results of both shall be entered
in the minutes of proceedings and proclaimed as final. Results of election shall be determined as
follows: in the case of a single office to be filled, the candidate with the highest number of votes
shall be declared elected; in the case where more than one office is to he filled, that number of
candidates receiving the highest number of votes, equal to the number of offices to be filled,
shall be declared elected.
Votes can be canvassed without the mayor being present (with the council president presidirig)—
however, a quorum is still required for the council to canvass the votes. The council does not vet
to count votes. though members may look at the tally book. The election results by precinct must
he entered in the minutes of the council meeting.
• 50-468. TIE VOTES.
In case of a tie vote between candidates, the city clerk shall give notice to the interested
candidates to appear before the council at a meeting to he called within six (6) days at which
time the city clerk shall determine the tie by a toss of a coin.
4* 50-469. FAILURE TO QUALIFY CREATES VACANCY.
If a person elected fails to qualify, a vacancy shall be declared to exist, which vacancy shall be
filled by the mayor and the council.
4, 50-470. CERTIFICATES OF ELECTIONS.
A certificate of election for each elected city official or appointee to fill such position shall be
made under the corporate seal by the city clerk, signed by the mayor and clerk, and presented to
such officials at the time of subscribing to the oath of office.
AIC sends blank Certificates of Election to a1 member cities immediately following Election
Day.
4* 50-471. APPLICATION FOR RECOUNT OF BALLOTS.
Any candidate desiring a recount of the ballots cast in any general city election may apply to the
attorney general therefor, within twenty (20) days of the canvass of such election by the city
council. The provisions of chapter 23, title 34, Idaho Code, shall govern recounts of elections
held under this chapter.
See the section on recount of ballots in this manual for more information.
77
Eagle City Malt
660 E. Civic Lane.
Eagle, Iialio 83616
(208) 939-6813 fa. (208) 939-6827
Fax:
To: Mayor and City Council
From: Sharon K. Bergmann
CC:
Date: November 13, 2007
Re: Claims Against the City
Please add the Claims Against the City to the Agenda.
Thanks
46 ..S
......<1
From the desk of
Sharon K. Bergmann
City Clerk/Treasurer
Memorandum
Eagle City Mall
-
310 E. State St.
EagCe, Idaho 83616
(208) 939-6813 fax (208) 939-6827
Memorandum
Fax:
To: Mayor and City Council
From: Sharon K. Bergmann
CC:
Date: November 13, 2007
Re: Designation of Polling Places
In accordance with Idaho Code 50-408 - The city clerk shall, not less than 30 days
before any general election, designate a suitable polling place for each election
precinct.
I have designated the following polling places for the Runoff Election for Mayor to
be held on December 4, 2007:
Precinct #500 — Eagle City Hall
660 E. Civic Lane
Eagle, Idaho
Precinct #501 — 7th Day Adventist Church — School Gym
538 W. State Street
Eagle, Idaho
From the desk of
Sharon K. Moore
City Clerk/Treasurer
40
RED
November 13, 2007
Mayor Merrill and Eagle City Council
Eagle City Hall
660 E. Civic Lane
Eagle. ID 83616
Dear Mayor and Council,
573
75 7
NO =47
Fltloio
We would like to take the opportunity to thank you for working with us on the potential
development of our Camera Subdivision at the NW corner of Hill Rd. and Hwy. 55.
Your stats has been phenomenal to work with as they have assisted us in the process
every step of the way. We truly have not seen a more organized city. mayor, council,
planners, and staff.
Due to the real estate climate of the arca, however, as well as the current credit market
conditions we will not be continuing with the application and development of this site.
.Therefore we would formally request that you withdraw our file, number:
(Camera Subdivision CPA-2-071RL-19-071PP-16-07)
Again, we appreciate all your hard Nv-ork and the great things you have done for the city
and we'd hope to work with you again in the future if the opportunity presents itself.
Sincerely,
Hans Linton and Brent Coles
Red Rock Development Group. LLC
EAGLE CITY COUNCIL
PUBLIC HEARING SIGNUP SHEET
VAC -06-07 — Vacation of Public Utility Easement located within Flint Estates
Subdivision - Gardner Ahlquist Development
November 13, 2007 5:00 D.m.
NAME
ADDRESS/ TESTIFY
TELEPHONE/E-MAIL YES/NO? PRO/CON
NAME
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP SHEET
CU -13-07 — Conditional Use Permit for a Height Exception for Arts
West Music Academy - Gardner-Ahlauist Development
November 13.2007 5:00 p.m.
ADDRESS/ TESTIFY
TELEPHONE/E-MAIL YES/NO? PRO/CON
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP SHEET
CU -09-07 — Conditional Use Permit for a Public Service Facilitv/Height Exception
Request - Idaho Power Company
NAME
November 13, 2007 5:00 p.m.
ADDRESS/ TESTIFY
TELEPHONE/E-MAIL YES/NO? PRO/CON
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP SHEET
CU -10-07 - Conditional Use Permit for a Sewer Lift Station - Eagle Sewer District
November 13, 2007 5:00 p.m.
NAME
ADDRESS/ TESTIFY
TELEPHONE/E-MAIL YES/NO? PRO/CON
EAGLE CITY COUNCIL
PUBLIC HEARING SIGNUP SHEET
A-14-06/RZ-19-06/ZOA-3-06 — Annexation, Rezone and Zoning
Ordinance Amendment M3 — M3 ComDanies
November 13, 2007 5:00 D.m.
ADDRESS/ TESTIFY
NAME TELEPHONE/E-MAIL YES/NO? PRO/CON