Minutes - 2008 - City Council - 02/19/2008 - Regular
EAGLE CITY COUNCIL
Minutes
February 19,2008
PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m.
1. Boise WaterShed Exhibits Inc. presentation: Donna-Marie Hayes. (30 min.)
This application will be presented at a later date.
2. 3 Cities River Crossing Update: Salley Goodell and Lisa Applebee. (30 min.)
Lisa Applebee the project manager for 3 Cities River Crossing presents information from
last weeks meeting. Salley Goodell reviews the proposed projects and potential funding
options. Discussion.
Facilities Manager Report: Michael Echeita gives an update on the water storage tank. It
has been covered up and we are hoping that the plantings are completed prior to the end
of the month. He has met with ACHD and Floating Feather project is approximately 2-3
weeks behind due to recent weather conditions. There is also the possibility that the road
may have to be closed in both directions.
Mayor calls a 10 minute break:
REGULAR COUNCIL AGENDA: 7:30 p.m.
1. CALL TO ORDER: Mayor Bandy calls the meeting to order at 7:34 p.m.
2. ROLL CALL: Present: GUERBER, HUFFAKER, SHOUSHTARIAN, SEMANKO.
All present. A quorum is present.
3. PLEDGE OF ALLEGIANCE: Representatives from Troop 121 are in attendance
tonight and Jonathan Craig has agreed to lead the Pledge of Allegiance.
4. PUBLIC COMMENT: No one choose to speak.
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 City Council.
. 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. Appointment to the Desie:n Review Board: The Mayor is requesting
Council confirmation of Bob Niblett to the Design Review Board. Mr. Niblett
will be serving the balance of a vacated term which will expire in November
of2009. (PB)
Guerber moves to approve the Consent Agenda as presented. Seconded by
Huffaker. ALL AYE: MOTION CARRIES..............
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6. UNFINISHED BUSINESS:
A. Ordinance No. 588 - Adoptine: the 2006 International Residential Buildine:
Code: An Ordinance Of The City Of Eagle, Idaho, A Municipal Corporation Of The
State Ofldaho, Repealing Title 7, Chapter 1 Of The Eagle City Code; Adopting The 2006
International Building Code And The 2006 International Residential Code (Parts I
Through Iv And Ix); Amending Or Deleting Certain Sections Of The 2006 International
Building Code; Amending Or Deleting Certain Sections Of The 2006 International
Residential Code; Approving The Summary Of This Ordinance; And Providing An
Effective Date For Adoption. (MM) This item was continuedfrom the February 12,
2008 meeting.
B. Ordinance No. 593 - Adoptine: the 2006 Enere:v Code: This item was continued
from the February 12, 2008 meeting. (MM)
Mayor introduces items 6A and 6B.
City Attorney Buxton reviews the current status of the draft ordinances. It is the
recommendation that the City Planning Staff review the proposed grading requirement
language within this ordinance prior to Council taking action. Time is also needed to
complete the fee schedule associated with the proposed ordinance and publication
requirements will need to be met in order to hold a public hearing on the proposed fees.
Council member Semanko would like the communication between City Staff, City
Attorney and Engineer to be better coordinated in the future prior to the items being
placed on the agenda in an effort to avoid repeated continuances of agenda items.
Discussion. Shoushtarian would like clarification on why certain requirements are being
removed. It is suggested Shoushtarian meet with the Building Official in an effort to
resolve his concerns.
Guerber moves to remand item 6A and 6B back to staff until such time that they are
in the final and complete format. Seconded by Huffaker. Discussion. ALL
A YE...MOTION CARRIES.
C. Hazardous Waste Contract between the City of Eae:le and City of Boise: This
item was continued from the February 12, 2008 meeting (ME)
Mayor introduces the item.
Facilities Manager, Michael Echeita recommends that Council approve the one year
contract as presented. After contacting the City of Boise and Ada County Landfill they
are going out to bid this year for the hazardous waste processing contract. As there is
uncertainty as to who will be awarded the new contract, Echeita's recommendation is to
enter into the one year contract and in the fall pursue a multi-year contract with
whomever is awarded the bid.
Semanko moves to approve the Hazardous Waste Contract between the City of
Eagle and City of Boise. Seconded by Shoushtarian. HUFFAKER AYE;
SHOUSHT ARIAN AYE; GUERBER AYE; SEMANKO AYE. ALL
A YE...MOTION CARRIES.
7. PUBLIC HEARINGS:
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A. A public hearing to allow citizens of the City of Eagle to have input on the
development of Idaho Department of Commerce Community Development Block Grant
applications - In accordance with the City's Citizen Participation Plan - Shawn Charters.
Shawn Charters explains that the grant application process requires that public hearings
be held to meet grant requirements. The City is applying for funding to pave the rear
parking lot for the Eagle Senior Cent~r. Ms. Charters explains the grant process and the
project details for the parking lot. Public comment will be left open for five days so if
someone would like to submit written comment they may do so to Ms. Charter's office at
124 W. Main St. Emmett, ID 83617 or via fax 208-365-4975, or submitted to City Hall.
Mayor opens the public hearing.
Noone chooses to speak.
City Attorney suggests that the City Council accept written comment through the next
meeting and additional oral comment may be taken at the next meeting.
So moved by Guerber. Seconded by Huffaker. Discussion. ALL A YE...MOTION
CARRIES.
B. RZ-13-05 MOD - Rezone Development Ae:reement Modification - Idaho
Development Services, Inc. : Idaho Development Services, Inc. is requesting a
modification to the rezone development agreement for the Legacy Development. The
623.9-acre site is generally located approximately I ,8S0-feet north of State Highway 44
between Linder Road and State Highway 16. (SEB) This item will be continued to the
February 26, 2008 meeting.
Mayor introduces the item.
The applicant and City Staff are requesting this item be continued to the February 26,
2008 meeting.
Semanko moves to continue agenda item 7B to the February 26, 2008 meeting.
Seconded by Huffaker. ALL A YE...MOTION CARRIES.
8. NEW BUSINESS:
A. Resolution No. 08-06 : A Resolution Of The City Of Eagle, Ada County, Idaho,
Establishing The Date, Time, And Place Of Hearing On The Local Improvement District
No. 2007-1 Assessment Roll; Providing For Publication And Mailing Of Notice Of
Hearing; Providing For Related Matters; And Providing An Effective Date. (SEB)
Mayor introduces the item.
City Attorney Buxton reviews the resolution, stating that Section 2 should be amended to
have the time read 7:30 p.m. for the public hearing on March 18,2008. Discussion
regarding written comment submittal time period, as well as public notification
requirements.
Discussion.
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Semanko moves to continue this for one week to give the Attorney time to work with the
Clerk to make all the time changes to in particular it looks like for the mailed objections
and notices changing from 5:00 to 7:30 p.m. is not going to work we are just going need
to say it must arrive on or before the date, the 7:30 - 4:00 thing does not apply for the
mail. I think we need to fix that also have the City attorney double check on the question
I asked about the whether or not the agent as opposed to the owner is statutorily
authorized to, it is strange to me that the notice can go to the agent or the owner, and I
guess if that is the way it is the agent that communicates with the owner, but I want to
make sure the agent is excluded from filing a protest. Buxton states she will review the
statutory requirements regarding the agent owner issued discussed. Discussion. Motion
dies due to lack of second.
Guerber moves to have staff proceed with the process after making appropriate
changes to the resolution regarding time and ensure we don't have any time
conflicts as discussed, also have the City Attorney investigate Mr. Semanko's
inquiry regarding the agents authority and confirm the language in the notice is in
compliance with State law. The typographical error shall also be corrected. The
time frame for receipt of mailed protests is 5:00 p.m. on March 18,2008. All other
oral or written testimony or protest shall be received by 7:30 p.m. on March 18,
2008. City Attorney Buxton reads directly from Idaho State Code and confirms the
accuracy of the language regarding the owner and agent authorities regarding the
submittal of protests. Seconded by Huffaker. ALL A YE...MOTION CARRIES.
Guerber moves that in addition to the publication in the Valley Times and the
mailing of notification of assessments that we also print notification in the Idaho
Statesman, a minimum of one time, as well as an additional mailing to the same
addresses with information further explaining the purpose of the public hearing,
and that the additional mailing language be reviewed by City Council, Staff, Mayor
and the City Attorney prior to mailing being initiated. Seconded by Huffaker.
Discussion. Guerber amends the motion to remove the second non-statutorily
required mailing from the motion. Second concurs with the amendment. ALL
AYE...MOTION CARRIES.
Staff is directed to place informational signs at main intersections in the City noticing the
date and time of the assessment roll hearing, the public hearing information shall also be
placed on the City's website. Additional language to be added to the assessment notice
mailing giving a contact phone number for Michael Echeita who will be fielding
questions regarding the LID assessment roll. The language on the signs shall be approved
by the City Attorney.
9. REPORTS:
A. Mayor and Council's Report: Semanko seeks verification that all correspondence
is being forwarded to the Mayor and Council. Sr. Deputy Clerk Osborn states that all
correspondence is forwarded to Mayor and Council as per Eagle City Code. Osborn notes
that if the Mayor or Council is receiving information that is not submitted through City
Hall, the Clerk's Office is obviously unable to copy everyone on it as we are unaware of
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the existence of the correspondence. Mayor discussion regarding a growth summit he
attended. Discussion regarding the drafting of an ordinance prohibiting helicopters
landing within City limits. Echeita states that staff has already drafted an ordinance
which will be reviewed by City Attorney and then Council can decide if it is what they
want in place in the City of Eagle. He (Echeita) has been in contact with the FAA
regarding this issue. General discussion.
B. City Engineer Report: No report.
C. City Clerk/Treasurer Report: No report.
D. Zoning Administrator's Report: No report.
E. City Attorney Report: No report.
10. EXECUTIVE SESSION:
A. Pending & Threatened Litigation: I.C. 67-2345 (f)
B. Acquisition of private property: I.c. 67-2345 (c)
Guerber moves to go into Executive Session to discuss pending and threatened
litigation I.C. 67-2345 (t) to discuss acquisition of water rights and acquisition of
private property I.c. 67-2345 (c). Seconded by Huffaker. HUFFAKER AYE;
SHOUSHT ARIAN AYE; GUERBER AYE; SEMANKO AYE. ALL
A YE...MOTION CARRIES.
Council discusses pending and threatened litigation regarding acquisition of water rights
and acquisition of private property.
Council exits executive session.
I I. ADJOURNMENT: ....................
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Gerber moves to a journ at 1(f..~~~J.~.Erd by Huffaker. ALL AYE:
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APPRO D:
PH LLIP J. BANDY
MA YOR
A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT EAGLE
CITY HALL
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EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP SHEET
SUBJECT: A public hearing to allow citizens of the City of Eagle to have input on
the development of Idaho Department of Commerce Community Development Block
Grant applications - In accordance with the City's Citizen Participation Plan
February 19, 2008, 7:30 P.M.
ADDRESS/ TESTIFY
NAME TELEPHONE/E-MAIL YES/NO? PRO/CON
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP SHEET
SUBJECT: RZ-13-05 MOD — Rezone Development Agreement Modification —
Idaho Development Services, Inc.
February 19, 2008, 7:30 P.M.
ADDRESS/ TESTIFY
NAME TELEPHONE/E-MAIL YES/NO? PRO/CON