Minutes - 2008 - City Council - 01/08/2008 - Regular
EAGLE CITY COUNCIL
Minutes
January 8, 2008
1. CALL TO ORDER: Mayor Merrill calls the meeting to order at 7:30 p.m.
2. ROLL CALL: BASTIAN, GUERBER, NORDSTROM, BANDY. All present. A quorum
is present.
3. PLEDGE OF ALLEGIANCE: Jack Stuart leads the Pledge of Allegiance.
Bastian moves to amend the Agenda to add Public Comment as Item #4 and renumber the
remainder of the Agenda. Seconded by Bandy. ALL AYES: MOTION
CARRIES............
4. PUBILC COMMENT: Bob Nichols, representing the Eagle Chamber of Commerce, I'm
here tonight to address the current Council and Mayor. Thanks the current Mayor and Council
for the job they have done. General discussion.
5(4). CONCLUSION OF FISCAL BUSINESS:
I. 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. Claims A2ainst the City.
B. Minutes of November 7. 2007. Special Meetin2.
C. Minutes of November 27.2007.
D. Minutes of December 5. 2007.
E. Minutes of December 11. 2007. Special Meetin2.
F. Minutes of December 18.2007.
G. DR-07-07 MOD - Two BuUdin2 Wall Si2ns and One Monument Si2n for
Bank of the Cascades - Bank of the Cascades: Bank of the Cascades,
represented by Darryl Cox with Carlson Sign, is requesting design review
approval to construct two (2) externally illuminated building wall signs and one
( I) monument sign. The site is located on the northeast comer of East State
Street and Hill Road at 110 I East Winding Creek Drive. (WEV)
H. Pavment to Ea2le Hi2h School Jazz Band for City open house.
Guerber moves to add to the Consent Agenda as Item #H. payment to the Eagle High
School Jazz Band. Seconded by Bandy. ALL AYES: MOTION CARRIES.................
Guerber moves to approve the Consent Agenda. Seconded by Nordstrom. Bastian: AYE;
Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION CARRIES.........
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II. UNFINISHED BUSINESS:
A. Letter of A2reement between City of Ea21e and Idaho Power Company re2ardin2 the
financin2 of funds for the burial of the distribution lines alon2 Floatin2 Feather Road
between Ea2le Road and Ed2ewood Lane. This item was continued from the December 18,
2007, meeting. (SEB)
Mayor introduces the issue.
City Attorney Buxton: Provides Council an overview of the request for payment. Idaho Power
has agreed to extend the 3% to make sure it would extend past December 31, 2010 to make sure
that we had sufficient fees to pay for the burial of the distribution lines. Discussion on the
interest rate. PUC reviews the interest rate that Idaho Power can charge and the rate is now
established as 8.1 % interest rate
Bandy moves to authorize the Mayor to sign the Letter of Agreement with Idaho Power
Company. Seconded by Bastian. Bastian: AYE; Guerber: AYE; Nordstrom: AYE; Bandy:
AYE: ALL AYES: MOTION CARRIES................
B. Ratification of Extension of Time to Si2n Velodrome Construction Mana2ement
A2reement. (SEB)
Mayor introduces the issue.
City Attorney Buxton: You have an Amended Notice of Award before you. Through the
Holiday Season we were working on the Agreement and Mr. Grubb was out of town so the
agreement has not been completed. We are asking that the Amended Notice of Award be
approved.
Nordstrom moves to grant the Extension of Time to ratify the Construction Management
Agreement. Seconded by Bandy. Bastian: AYE; Guerber: AYE; Nordstrom: AYE;
Bandy: AYE: ALL AYES: MOTION CARRIES................
General discussion.
Dave Beck: Provides Council an update on the Velodrome construction. Discussion on grants.
C. Review and Consideration ofVelodrome Concessionaire a2reement: This item was
continuedfrom the December 18,2007, meeting. (SEB)
Mayor introduces the issue.
City Attorney: I'm requesting Council to continue this item to the January 15,2008
Bastian moves to continue this item to the January 15, 2008 City Council Meeting.
Seconded by Nordstrom. ALL AYES: MOTION CARRIES....................
D. Approval of Chan2e Order #4 from Concrete Placin2 Company for the East Hills 1 MG
Reservoir. (SKB)
Mayor introduces the issue.
Vern Brewer, Holladay Engineering: provides Council an overview of the request for Change
Order #4. The tank has been completed and it has been filled with water and disinfection and it
passed the leakage test. General discussion.
Nordstrom moves to approve Change Order #4. Seconded by Bandy. Bastian: AYE;
Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION
CARRIES.............. ..
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E. Approval ofPavment Application #5 for the East Hills Water Tank. (SKB)
Mayor introduces the issue.
Vern Brewer, Holladay Engineering, This is a standard progress payment.
Nordstrom moves to approve the Payment Application #5 for the East Hills Water Tank.
Seconded by Bandy. Bastian: AYE; Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALL
AYES: MOTION CARRIES................
F. Approval of Brookwood Well Payment Request. (ME)
Mayor introduces the issue.
Bandy moves to continues Approval of Brookwood Well Payment to the January 15,2008
City Council meeting. Seconded by Guerber. ALL AYES: MOTION CARRIES...........
G. Consolidation of Pathway and Parks Development Committee. (NM)
Mayor introduces the issue and provides Council an overview of consolidation of the
Committees. General discussion.
Guerber moves to codify the Pathway and Parks Development Committee in a manner
similar to the existence of other committees such as the Historical Commission and the Arts
Commission. Seconded by Bastian. Discussion. ALL AYES: MOTION CARRIES.........
Mayor: We have come to the point in our Oath of Office and Appointments and before we do
that there are a could of presentations and things that we would like to do. At this point in the
meeting I would like to ask Stan and Scott and Steve to say a few words and then we are going to
take a break and ask the new elects to take their places.
Guerber: For some reason within my family whenever we have a funeral I end up giving the
eulogy. I guess the reason is because people seem to think I am not emotional and get through
these things without breaking down. It just so happens that I am in this circumstance right now
but it is not a funeral but a going away. I have been appointed by the City Staff to represent them
and the community to make a special presentation to the Mayor and Council Members Bastian
and Nordstrom.
Guerber makes the presentation of an appreciation plaque to Council Members Bastian and
Nordstrom and presents Mayor Merrill an Eagle statute.
Bastian: Sixteen years seems like a short time but it is actually a long time. When I came on
Council Steve Guerber was Mayor. My wife and I moved here in 1978. Reminisces about the
years he has lived in Eagle and has served on the City Council.
Nordstrom: I didn't come tonight prepared to say anything. This is an important moment in time
for the City of Eagle. What you see sitting here is a combined 61 years of experience in City
Government which has been directly responsible for what you see today and it is now changing.
Discussion on the well oiled planning machine in place in the City of Eagle. This is working
great because of the staff. I hope the new Council Members gets to know the staff. I think all
things considered it is a great time for change. It has taken me 30 hours a week, not everyone
can afford that. I ask the new Council Members and encourage them to understand the roll of
government. Things don't change on a dime there are lots of rules of government. I encourage
every citizen to become more involved but understand.
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Guerber: Things are going to be just fine. I have spent time with the new Council Members and
I see good relationships being developed, good discussion and respect for each other. Everything
goes through a transition and that is what is happening now. We are going to agree many more
times than we are going to disagree. This is part of the process in this City. We are going to
continue being a great City and a great place to live.
Bandy: I tend to be the quiet one in the group. I have been the benefactor of 61 years of
experience and institutional knowledge that we are now losing. We do some continuity with
Guerber on the Council. I agree with Steve and things are going to work out very well. We have
a collective understanding of what we need to accomplish. I'm a product of their long term
experience and I want to express my gratitude.
Mayor Merrill: These guys have truly been the wind beneath my wings for all of these years and
I am greatly appreciated to them.. Tonight is about new dreams new hopes and new Council. I
would take a short break and bring up the new Mayor and Council and have a little presentation.
H. Resi2nation of City Council Member Bandy. (PB)
Bandy: I can't hold two positions at the same time so I would like to resign my City Council
position at this time so we can move forward with the rest of the Agenda.
Guerber moves to accept the resignation of Council Member Bandy. Seconded by Bastian.
ALL AYES: MOTION CARRIES..............
Mayor calls a recess at 8:25 p.m.
Mayor reconvenes at 8:30 p.m.
New Council Members Huffaker and Shoustarian take their respective seats on the Dias.
Mayor Merrill passes the torch to Mayor Bandy and presents Mayor Bandy with a gavel.
Mayor Merrill presents a bronze statute to Council Member Guerber.
Mayor Merrill presents a bag of tricks to the new Council and tells them what each item
represents.
Mayor Merrill presents a Power Point presentation.
III. OATH OF OFFICE/APPOINTMENTS:
A. Oath of Office: Council President Guerber asks the City Clerk to administer the oaths of
office to Council Member Huffaker, Council Member Shoushtarian and Mayor Bandy.
City Clerk Bergmann administers the oath of office to Mayor Phil Bandy, Council Member
Michael Huffaker, and Council Member Al Shoushtarian and presents them with their Certificate
of Election.
5. ROLL CALL: GUERBER, HUFFAKER, SHOUSHTARIAN. All present. A quorum is
present.
A. Appointment for vacant Council seat. (PB)
Mayor Bandy introduces the issue and thanks the Citizens Selection Committee who met and
reviewed the 14 applicants and interviewed the top 4 applicants and made a recommendation to
Mayor Bandy. Reads the applicant's names.
The person I am going to appoint this evening has lived in the community for 7 years, he has
served on the Eagle Water Committee, has a professional background in law, natural resources
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and transportation issues and has spent four years on Capital Hill, two in the House and two in
the Senate, and he is the executive director of the Idaho water users association and someone
who truly has a passion for the City and where we are going with the City.
My appointment to fill my vacant position on City Council is Norm Semanko.
Discussion.
Shoushtarian: I would like to see us interview a couple more candidates before we make a
decision.
Huffaker: Thanks the members of the Committee and thanks the 14 applicants. I was impressed
with the quality of the applicants. We had the opportunity to interview the 4 finalists that were
recommended. Anyone of the 14 that applied could have filled this position. I am satisfied with
the process and I am glad that Mayor Bandy made this an issue to get the community involved. I
want to thank Phil publicly for doing that. I think the person, Norm Semanko, that Mayor Bandy
is appointing will be a great asset to the City. I also want to thank Mayor Merrill, and Council
Members Bastian and Nordstrom for all of the time that they have served the City.
Guerber: I mentioned earlier that things were going to be all right and I say again "things are
going to be all right". Discussion on the selection of a new council member. The process was
good. The committee found people that would go beyond and become involved in some
committees and serve the City of Eagle.
Shoushtarian: I want to thank Nancy Merrill, Scott, and Mr. Bastian for the dedication and time
that they have spent for our town. I want to thank the citizens of Eagle for trusting me with this
opportunity. I am humbled and honored. It is the responsibility of all elected representatives to
make a decision based on the needs and good of the community. I will not use my position to
serve my personal interest or to inflate my ego. I pledge to serve the residents and to make a
positive difference in the future of our City. I would like to ask our community to be involved
and take a part in the decision making process.
Roll Call Vote on the Appointment of Norm Semanko: Guerber: AYE; Shoushtarian:
AYE; Huffaker: AYE: ALL AYES ON THE APPOINTMENT OF NORM SEMANKO.
B. Oath of Office: City Clerk administers the oath of office to the newly appointed City
Council Member, Norm Semanko. .
Norm Semanko: I would like to thank the Mayor for giving me the opportunity to fill your seat
for the next two years and work with the rest of the Council. I am probably an unknown quantity
to most of the folks in Eagle. My family has lived here for 7 years. I have been involved with
the Water Committee. The process that was set up for this selection is one of the best public
processes that I have ever seen. I appreciate the opportunity and I look forward to working with
all of you. When I talk about us I won't always be referring to the Council and Staff I will be
talking about us in the community of Eagle and that is the way I feel about this position.
C. Election of City Council President:
Mayor introduces the issue.
Semanko moves to have Mr. Guerber remain as Council President. Seconded by
Shoushtarian. Discussion. THREE AYES: GUERBERABSTAINS: MOTION
CARRIES... ...........
D. Review and discussion of Council Liaison positions for 2008:
Mayor introduces the issue.
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We were going to discussion these positions tonight but since we have a new member I would
like to continue this item to the next City Council meeting.
Guerber moves to continue #5D Review and discussion of Council Liaison positions for
2008 to the January 15, 2008 City Council meeting. Seconded by Huffaker. Discussion.
ALL AYES: MOTION CARRIES.................
General discussion.
6. PUBLIC HEARINGS:
A. RZ-18-07 - Rezone from A-R to BP-DA - Robert L. Pederson: Robert L. Pederson is
requesting approval of a rezone from A-R (Agricultural-Residential) to BP-DA (Business Park
with a development agreement) to facilitate the construction of a five (5) unit, 14,341-square foot
office/flex space building. The 1.00-acre site is located approximately 250' feet west of the East
Hill Road and Horseshoe Bend Road intersection at 3055 East Hill Road. This item was
continuedfrom the December 5,2007, meeting. (MJW)
Mayor introduces the issue. I would like to change the way we do Public Hearings. When we go
into a Public Hearing the Council acts as judges up here. All of the testimony is transcribed and
we are relying on the fact that you are providing truthful testimony to us. Instead of swearing in
each person that steps to the podium we are going to rely on each person giving truthful
testimony. General discussion.
Robert Pederson: Provides Council an overview of the application. General discussion.
Planner Williams: Provides Council an overview of the application. Staff has recommended
approval ofthis application. General discussion.
Mayor opens the Public Hearing
Mayor closes the Public Hearing
Robert Pederson: Discussion on the application and the Design Review Application. The design
of the property has been changed to allow for cross-access. Discussion on ACHD's
requirements. We are more than willing to work with the City on design. General discussion.
General Council discussion.
Guerber moves to approve RZ-18-07 - Rezone from A-R to BP-DA - Robert L. Pederson
with all of the Standard Conditions as provided by staff in addition that there be a
condition on the Findings of Facts and Development Agreement that would require the
language requiring compliance with ACHD guidelines and their concurrence with approval
and an additional item be added to the Development Agreement and the Findings of Facts
to add requirements that the project as proposed be subject to Design Review and other
applicable proceedings under the Eagle City Code.. Seconded by Huffaker. Discussion.
ALL AYES: MOTION CARRIES..............
Mayor calls a recess at I 1: 10 p.m.
Mayor reconvenes at 11 :25 p.m.
B. RZ-20-07 - Rezone from A-R to R-E-DA - Colette Nybor2: Colette Nyborg, represented
by Shawn Nickel with SLN Planning, Inc., is requesting approval of a rezone from A-R
(Agricultural Residential) to R-E-DA (Residential Estates with a development agreement) to
facilitate the re-subdivision of a portion of Lot 15 & Lot 16 to eliminate two (2) non-conforming
parcels. The +1- 2.28 acre and +1- 2.5- acre parcels are located approximately 113 of a mile south
of Floating Feather on the northeast comer ofthe Ballantyne Lane and Hereford Drive at 660
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North Ballantyne Lane. This item was continuedfrom the DecemberS, 2007, meeting. (MJW)
Mayor introduces the issue.
Shawn Nickel, SLN Planning, Inc., representing the applicant, displays overheads and provides
Council an overview of the application. General discussion.
Planner Williams, provides Council an overview of the application. General discussion.
Mayor opens the Public Hearing
Laura Johnson, 1691 Hereford Drive, I was unable to attend the Planning and Zoning meeting
but I did submit a letter. I have been a property owner since 2003. My opinion is that the entire
subdivision should be zoned consistently. It is not fair and equitable to treat this section
individually. This is my only concern about this proposal. General discussion.
Tom Berrio, 1397 Herford Drive, I've lived here 15-16 years. I've known about their split since I
got there. Personally I support this. Splitting 5 acres in half is not high density and is not a high
impact. General discussion.
Shawn Nickel: Discussion on the revised CC&R's and the issues with the neighbors. General
discussion.
Jeff Nyborg, 5291 W. Silverlake Lane, discussion on how this application would affect him and
his family. The lot is virtually worth nothing if you can't build on it. It is too small for a farm.
Discussion on the split. We have been paying taxes on residential property that we can't build
on, get a building permit for or sell.
Mayor closes the Public Hearing
General Council discussion.
Mayor reopens the Public Hearing
Shawn Nickel: The City did not act on the previous application. The application never went to
City Council.
Mayor closes the Public Hearing
General Council discussion.
Guerber moves to approve RZ-20-07 - Rezone from A-R to R-E-DA - Colette Nyborg with
the staff recommendations and an add item in the findings and agreement that says "that
this is a special agreement is not deemed to set a precedent for the existing subdivision".
Seconded by Shoushtarian. Discussion. See tape amend motion ALL A YES: MOTION
CARRIES..... ...........
7. NEW BUSINESS:
A. Ea2le Historic Preservation Commission: Request for funds to complete the Arthur
Hart Book Project. (SKB)
Mayor introduces the issue.
City Clerk Bergmann: Provides an overview of the Memo from Laurie Baker, Curator of the
Eagle Historical Museum in regards to the request for funds to complete the Arthur Hart Book
Project. General discussion.
Council concurs to have Laurie contact the Valley Times to run an article asking the community
for donations to complete the project, contact the Chamber of Commerce to send out a request to
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the business community for donations. The Mayor will also mention the need for donations in
his State of the City on February 12th.
Semanko: Would it be appropriate to continue this item to the first Council meeting
following the State of the City address and in the mean time that the Mayor and any
interested Council Members work with the Historical Commission and the Chamber of
Commerce to solicit additional funds?
So moved by Huffaker. Seconded by Guerber. Discussion. ALL AYES: MOTION
CARRIES.........
B. Ordinance No. 595 - Mill Park: An ordinance changing the zoning classification of the
real property described herein from A-R (Agricultural-Residential) to MU-DA (Mixed Use with
a development agreement); amending the zoning map of the City of Eagle to reflect said change;
and providing an effective date.
Mayor introduces the
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 #595 be considered after being read once by title only. Guerber
reads Ordinance # 595 by title only. Seconded by Semanko. ALL A YES: MOTION
CARRIES.............. ...
Guerber moves that Ordinance #595 be adopted. Seconded by Semanko. Guerber: AYE;
Huffaker: AYE; Shoustarian: AYE; Semanko; AYE: ALL AYES: MOTION CARRIES...
8. ADJOURNMENT:
Guerber moves to adjourn. Seconded by Huffaker. ALL AYE: MOTION
CARRIES.. ......... ........
.............
Hearing no further business, the ~O\1I\s\1 "A~#.adjoumed at 12:00 a.m.
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SHARO . BERGMANN ", ...;. S A L~-i 0 j
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PHILLIP J. BANDY
MAYOR
A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT EAGLE
CITY HALL
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Eagle Historic Preservation
Commission
Memo 174-•
To: Mayor, City of Eagle/ Eagle City Council
CC: Sharon Bergmann, City Clerk
From: Laurie Baker, Curator, Eagle Historical Museum
Date: December 14, 2007
Re: Funds Needed to Complete Arthur Hart Book Project
Early in 2006 the Eagle Historic Preservation Commission asked Arthur A. Hart, Director
Emeritus of the Idaho State Historical Society and author of 18 books on westem history,
to write a book on the history of Eagle. Today, that completed manuscript, Life in Eagle,
Idaho, is awaiting publication by the Commission once pre -press and printing funds have
been secured.
Funds were set aside in the 2006/2007 fiscal year cycle to pay Mr. Hart for his work, but
nothing was set aside for post -authorship costs. This was largely due to the conviction
that the Eagle business community and interested Eagle residents would be more than
willing to act as sponsors of the book, thereby covering the pre -press and printing costs.
While a few businesses and numerous private parties have willingly contributed to this
project, their numbers have in no way met expectations and we are currently falling far
short of what we actually need.
The estimate by Caxton Press for printing 500 copies of Mr. Hart's title can be rounded off
to $4500.00. Pre -press costs, which include converting the Word document text to
Adobe's InDesign and inserting approximately 50 photographs will probably come to
about $800.00. Thus far, the museum has only been able to raise $2300.00, despite a
direct mailing to approximately 500 Eagle businesses and the timely placement of an
article about Mr. Hart's book alongside a plea for help in the Idaho Statesman. To make
matters worse, the printing and mailing costs of the business entreaties came to $556.00,
meaning that we really have only $1750.00 to date to apply to the pre -press and printing
costs. Ultimately this means that, as of this writing, we are $3550.00 shy of being able to
bring this project to fruition.
Museum patrons and other interested parties are constantly asking me about when the
book is going to be published. They have good reason; my predecessor originally
speculated in the August, 2006 Historical Society Newsletter that the book would be
ready for the 2006 Christmas season. Mr. Hart was admittedly a bit late in getting the
completed manuscript to us, but it is now the 2007 Christmas season and it is still not
ready. We need to complete this project as quickly as possible. The Historic
Preservation Commission has already expended $5000.00 in payment to Mr. Hart and
untold hours in staff time in doing what can be done from this end to prepare the
manuscript for publication. Since the business community and public at large have not
responded in sufficient numbers to help us meet this goal, I am now asking that the city
provide us with the additional financing needed to make this title available to the public at
large as well as to those who have already demonstrated a keen interest in seeing it
published.
NAME
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EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP SHEET
RZ-20-07 - Rezone from A -R to R -E -DA - Colette Nvborg
January 8, 2008 7:30 p.m.
ADDRESS/ TESTIFY
TELEPHONE/E-MAIL YES/NO? PRO/CON
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PUBLIC HEARING SIGNUP SHEET
RZ-18-07 — Rezone from A -R to BP -DA — Robert L. Pederson
NAME
January 8, 2008 7:30 p.m.
ADDRESS/ TESTIFY
TELEPHONE/E-MAIL YES/NO? PRO/CON