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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......... Page I K:\CQUNCILIMIKUTES\Temporary Minutes Work Area\CC-Ol-08-08min,doc 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.............. .. Page 2 K\COUNCIL\JI,llNUTES\Temporary Minutes Work Area\CC-OI-08-08min.doc 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. Page 3 K:\COUNCIL\MI!\'UTES\Temporary Minutes Work Area\CC-OI-08.08min,doc 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 Page 4 K.\COUNCILlJ\.lINUTES\Temporary Minutes Work Area\CC-OI-08-08min,doc 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. Page 5 K:\CQUNCIL\MINUTES\Temporary Minutes Work Area\CCMOI-08-08min.doc 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 Page 6 K:\COUNCIL'J\llNUTES\Temporary Minutes Work Area\CT-OI-08-08min,doc 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 Page 7 K\COUNCILIMINUTES\Temporary Minutes Work Area\CC-OI-08-08mindoc 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. . ,"",~...........~~ #~ Re ectfully subm e : c)... yORA/... '\ .. o~ ~.}: Iv *: . ....... : < . SHARO . BERGMANN ", ...;. S A L~-i 0 j CITY CLERK/TREASURER .....IP;..till~U\\\;: ~~l "" -1 'rEi Of \v ........ '" ", I."......,,' PHILLIP J. BANDY MAYOR A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT EAGLE CITY HALL Page 8 K\CQUNCIL\MINUTES\Temporary Minutes Work Area\CC -0 I-08-08mindoc 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 SAA ,,,✓rJ c ke 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 /'V Al • a.-./ f' m( 41 /e �s %'%o S-075/ (,v, /9,--0 IQ`s %Vv 19( {4-c, (---pt _) Cc (fk r ;L b f (U,na, �cj \i -.j • N. r• � f • EAGLE CITY COUNCIL 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