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Minutes - 2008 - City Council - 02/26/2008 - Regular ./ EAGLE CITY COUNCIL Minutes February 26, 2008 **EARLY START TIME*** No public hearings shall begin prior to 7:30 p.m. 1. CALL TO ORDER: Mayor Bandy calls the meeting to order at 7:30 p.m. 2. ROLL CALL: Present: GUERBER, SHOUSHT ARIAN, HUFFAKER, SEMANKO. A quorum is present. 3 PRESENTATIONS: A. Eagle Police Department Monthly Report. Police Chief Brian Hippe reviews the monthly statistics for January and updates the Mayor and Council on recent law enforcement activities. B. Boise WaterShed Exhibits Inc. presentation: Donna-Marie Hayes. Ms. Hayes is a Boise City Public Works Commissioner and the Volunteer Executive Director and President of Boise WaterShed Exhibits Incorporated. Boise Watershed Exhibits Inc. takes a sophisticated approach to public education. Ms. Hayes discusses the new facility and exhibits being built via a public -private partnership between the City of Boise and Boise Watershed. Boise Watershed agreed to raise $1 million dollars towards the construction of this facility. The target opening date is in May of this year. Boise Watershed is approximately $30,000 short of their $1 million goal. As this facilities will be used to educate the young and old on how their behaviors impact the watershed they are requesting Eagle donate towards the completion of this project. Eagle is the first City outside of Boise that has been approached and it is Ms. Hayes intent to pursue donations from other communities in the area. Discussion. 4 EXECUTIVE SESSION: A. Pending & Threatened Litigation: I.c. 67-2345 (f) Guerber moves to go into Executive Session per Idaho State Code 67-2345 (t) & (c) to discuss pending and threatened litigation to on the Legacy matter and acquisition of private property. Seconded by Huffaker. HUFFAKER; AYE; SHOUSHTARIAN AYE; GUERBERAYE; SEMANKO AYE. ALL AYE....MOTION CARRIES. Discussion of pending and threatened litigation and acquisition of private property. Council leaves executive session. 5. PLEDGE OF ALLEGIANCE: Chester Goodell leads the pledge of allegiance. 6. PUBLIC COMMENT: No one chooses to comment. 7. 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. Claims Against the City. B. Minutes of February 12, 2008. Page I K \COul';CIL\MlNUTES\Temporary Minutes Work Area\CC.02-26-08min doc C. Minutes of February 19,2008. D. DR-79-07 - Multi -Tenant Office/Flex Space Buildin2 - Robert L. Pederson: Robert Pederson is requesting design review approval to construct a 14,133- square foot multi- tenant office/flex space building. The I.DO-acre site is located on the south side of East Hill Road, approximately 255-feet west of Horseshoe Bend Road at 3055 East Hill Road. (WEV) E. DR-80-07 - Master Si2n Plan for a Multi-Tenant Office/Flex Space Buildin2 - Robert Pederson: Robert Pederson is requesting design review approval of a master sign plan for a multi-tenant office/flex space building. The 1.00-acre site is located on the south side of East Hill Road, approximately 255-feet west of Horseshoe Bend Road at 3055 East Hill Road. (WEV) F. Appointment to the Historical Preservation Commission: Mayor Bandy is requesting Council confirmation of the appointment of Gwen Sears to the Commission. Ms. Sears term will be for three years. (PB) G. Re-Appointment to the Historic Preservation Commission: Mayor Bandy is requesting the re-appointment of Nancy Suiter to the Commission. Ms. Suiter has served on the Commission since June of2007. Her reappointment would be for a five year term. (PB) Huffaker requests item 7H be removed. Guerber moves to approve the Consent Agenda without item 7H. Seconded by Seconded by Semanko. Guerber: AYE; Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: ALL AYES: MOTION CARRIES... H. Findin2s of Fact and Conclusions of Law for A-OI-07/RZ-OI-07 & PP-OI-07- Annexation and Rezone from RUT to R-2-DA and Preliminary Plat for Dwayne Lin2el Subdivision (aka Adonai Subdivision) - Dwayne Lin2el: Dwayne Lingel is requesting annexation and rezone from RUT (Rural Urban Transition - Ada County designation) to R-2-DA (Residential, 1.7-units per acre with development agreement) and preliminary plat approval for Adonai Subdivision, a 12 lot (8-buildable, 4-common) residential subdivision. The 5.7-acre site is located on the east side of Park Lane Road approximately 1,200-feet south of Beacon Light Road at 2440 North Park Lane. (WEV) Huffaker asks for clarification of what specific action and review is required for findings offact. City Attorney Buxton reviews discusses the history of this specific item. These findings have already been approved by the previous city council they just were not signed. This is merely an administrative authorization. Buxton states that at a meeting held last week the applicant's representative stated that they would be submitting the letter requesting an amendment to the findings of fact, based on that conversation she requests the findings be tabled. Discussion. Huffaker moves to table item 7H Findings of Fact and Conclusions of Law for A-OI-07/RZ- 01-07 & PP-OI-07 - Annexation and Rezone from RUT to R-2-DA and Preliminary Plat for Dwayne Lingel Subdivision (aka Adonai Subdivision) Dwayne Lingel to the March 11, 2008 meeting. Seconded by Semanko. Discussion. ALL AYE.. .MOTION CARRIES. 8. UNFINISHED BUSINESS: A. Order 2rantin2 appeal for AA-I-08 - Tiny Rose LLc. represented by Mike Setv. (WEV) Mayor introduces the item and notes that the applicant has requested this item be continued to the next regular Council meeting. Guerber moves to continue 8A item to the March 11, 2008 Council meeting. Seconded by Huffaker. ALL AYE...MOTION CARRIES Page 2 K:\CQUNCIL'MINUTES\Temporary Minutes Work Area\CC-02-26-0Smin doc Guerber amends the agenda to hear item 9B prior to 9A. Seconded by Shoushtarian. ALL A YE...MOTION CARRIES. 9. PUBLIC HEARINGS: A. (B) A public hearin2 to allow citizens of the City of Ea21e 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. This item was continuedfrom the February 19, 2008 meeting. (SC) Mayor introduces the item and states that the public hearing remains open from the February 19, 2008 Council meeting. Mayor notes that a number of letters in support of this grant have been received and will be forwarded to Ms. Charters for inclusions in the application. Chester Goodell, President of the Eagle Senior Center for the last three years. He is concerned with the hazard that the unpaved parking lot presents to the elderly. Mr. Goodell would like to help in the design of the rear parking lot. He is somewhat concerned with the high cost estimate for the parking lot paving, but would like to be involved in the process and the raising of funds for this project. Public hearing is closed. Discussion. Huffaker moves to approve the submittal of the application Idaho Department of Commerce Community Development Block Grant applications, in accordance with the City's Citizen Participation Plan now agenda item 9A. Seconded by Guerber. Discussion. HUFF AKER AYE; SHOUSHT ARIAN AYE; GUERBER AYE; SEMANKO AYE. ALL A YE...MOTION CARRIES. B. (A.) RZ-13-05 MOD 2 - Rezone Development A2reement 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 1 ,850-feet north of State Highway 44 between Linder Road and State Highway 16. (SEB) This item was continuedfrom the February 19,2008 meeting. (WEV) Mayor introduces the item. Todd Santiago 533 E. Riverside Dr. Eagle, Idaho. Mr. Santiago reviews the items he would like modified in the agreement. States he has reviewed the staff report and has submitted a letter to the Council for their review detailing his concerns. City Planner II Mike Williams reviews staffs recommended conditions. Discussion of private streets, sidewalk access and construction requirements. City Attorney Buxton reviews the remaining proposed modifications to the memorandum of understanding. Mayor opens the public hearing. Tom Stevenson 533 E. Riverside Dr. Eagle, Idaho. Mr. Stevenson reiterates the purposed for these requested modifications and thanks the City Attorney and staff for their efforts. Discussion between Council, Mr. Santiago, and Mr. Stevens. Peter Harris with Eaglefield Subdivision. He is in a similar situation as Mosca Seca regarding water rights and financing challenges. It is possible that they will be coming forward with a similar request as Mosca Seca. Page 3 K.\COUNCIL\!\lINUTES\Temporary Minutes Work Area\CC-02-26-08min.doc Discussion amongst the Council and Mr. Santiago. Huffaker moves to approve agenda item 9B RZ-13-05 MOD 2 Rezone Development Agreement Modification - Idaho Development Services, Inc. with all of the conditions therein: condition 3.4.15, condition 3.12, condition 3.16, condition 3.21 with the understanding that with regard to condition 3.12 that this condition is contingent upon approval of the vacation of the public right of way by both ACHD and the City of Eagle. Seconded by Guerber. THREE AYES...ONE NAY (SHOUSHTARIAN)... MOTION CARRIES. C. DEA-I-07 - Exclusion of Property from the Corporate Limits of the City - City of Ea2le: The City of Eagle is acting to exclude (de-annex) certain contiguous real property from the city limits. The lA-acre site, a part of Government Lot 1, Section 13, and Government Lots 1 and 2, Section 12, TAN., R.l W., is located southeast of the intersection of Park Lane and Old Valley Road at 4015 W. Old Valley Road. (WEV) Mayor introduces the item. City Planner II, Jeff Lowe reviews the application. Mayor opens the public hearing. No one chose to speak. Mayor closes the public hearing. Zoning Administrator, Bill Vaughan states that Mr. Frost has requested a refund of the taxes he had paid to the city. He believes it would be less that $500. Semanko moves to approve DEA-I-07 exclusion of property from the corporate limits of the City - City of Eagle agenda item 9C, including the refund of taxes paid as to be suggested by staff. Seconded by Shoushtarian. HUFFAKER AYE; SHOUSHTARIAN AYE; GUERBER AYE; SEMANKO AYE.. .MOTION CARRIES. 10. NEW BUSINESS: A. Ordinance No. 596 - Frost Deannexation: An Ordinance Of The City Of Eagle, Ada County, Idaho, To Exclude Certain Real Property Situated In The Corporate Limits Of The City Of Eagle, Idaho; Directing That Copies Of This Ordinance Be Filed As Provided By Law; And Providing An Effective Date. (WEV) Mayor introduces the item. Guerber moves, pursuant to Idaho Code 50-902, that the rule requiring ordinances to be read on three (3) different days with one (1) reading to be in full be dispensed with, and that Ordinance No.596 be considered after being read once by title only that An Ordinance Of The City Of Eagle, Ada County, Idaho, To Exclude Certain Real Property Situated In The Corporate Limits Of The City Of Eagle, Idaho; Directing That Copies Of This Ordinance Be Filed As Provided By Law; And Providing An Effective Date. Seconded by Semanko. ALL A YE...MOTION CARRIES. Semanko moves to approve Ordinance No. 596 Frost de-annexation. Seconded by Huffaker. ALL A YE...MOTION CARRIES. B. Ordinance No. 599: Prohibition of the landing of helicopters within corporate city limits, providing exemptions and penalties. (ME) Mayor introduces the item and comments that he feels this proposed ordinance may be something that should have a public hearing in an effort to give Eagle residents the opportunity to comment. Code Enforcement Officer, Michael Echeita gives the background on why this ordinance has Page 4 K \CQUNCIL\MJNUTES\Temporary Minutes Work Area\CC-02-26-08mindoc been brought forward. There was a report on February 12th from a resident of Two Rivers who had complained about a helicopter landing within the Two Rivers subdivision. Echeita has contacted the F.A.A., and the F.A.A. states that there was no violation of their regulations, and unless the City itself enacts an ordinance no action can be taken. Echeita reviews the proposed language and notes that Council member Semanko has also submitted suggested language. Discussion. Guerber moves to remand Ordinance 599 back to staff to make revisions discussed and return at the March 11,2008 meeting for a public hearing. Seconded by Huffaker. ALL AYE.. .MOTION CARRIES. 11. REPORTS: A. Mayor and Council's Report: Semanko inquires as to when the LID public hearing notices will be sent. Deputy Clerk Osborn provides the mailing dates and publication dates. Osborn notes that the notice was posted on the City's website as of Monday. Huffaker reports on a meeting he attended with the Chamber of Commerce today. Guerber no report. Shoushtarian hands out information on a proposed community relations committee and he would like to see that move forward at the next meeting. B. City Engineer Report: Contractors are finalizing the backfill of the reservoir. DEQ has contacted us and asked for a meeting. DEQ wants to discuss the loan requirements. Monte Marcus has requested a meeting and a conference call we be held next week. C. City Clerk/Treasurer Report: no report D. Zoning Administrator's Report: no report E. City Attorney Report: no report 12. ADJOURNMENT: Huffaker moves to adjourn. Seconded by Guerber ALL AYE: MOTION CARRIES... Hearing no further business, the Council ~t1!,~urned at 10:50 p.m. .., G f,AGL '" Re ectfully su itt 0: ......~\ O~._....l:' '--- ......, GAr.. .... : ~.. 40'" Ii .,... .... : ....1 ~~ : o , , : TRACY E OSBORN ; . ,. \....-: 0 E SR DEPUTY CITY CLERKJTREA1;~~R S ~ ~ il:.: ..* ...~CORP~\~.:<:)... .. Jl'h .... G '" ..... ..... # A TE 0'\ .,." -""" ." ."", A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT EAGLE CITY HALL Page '5 K\CQUNCIL\t-.1TNUTES\Temporary Minutes Work Area\CC-02-26-08min doc ,IIt, ADA COUNTY GARY IiANIY,SItfI WI City of Eagle Police Monthly ReportJanuary 2008 Group A NIBRS Crime" Person Crime* Propert Crime* Society ('rime* Total Clearance Rate Felony Clearance Rate Misdemeanor Clearance Rate # of Reported Crimes 80 60 40 20 0 _l \'TD 2007 2008 11 8 25 20 8 11 44 39 34.1% 44.7% 15 16 40.0% 6.7% 29 23 30.8% 69.6% 2007 November December 13 9 28 47 4 4 45 60 2008 January 8 20 11 39 ACSO Jurisdiction Population COMPASS 2007: 20,951 Projection 2008: 23,025 % Change 9.9% Group A NIBRS Crime Rate VTI) (per 1,000) 18 23 16 2007 2.1 2008 1.7 27 37 23 % Change -19.3% Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec MIIMPerson Property Society 2007 Monthly Average Police Activity Calls For Service+ Total Response Time Code 3: Response Time Officer -Initiated+ Proactive+ Reports (DR's) Citations YTD 2007 2008 2007 2008 November December January 274 336 338 316 336 6:51 6:21 7.34 7:03 6:21 2:24 2:48 3:40 2:38 2:48 513 753 633 579 753 165 394 298 389 394 132 145 166 175 145 153 160 128 121 160 # of Incidents 2000 1500 1000 500 0 ■ January 2008 Top Calls For Service Burglary Alarm Auto Accident Non -injury Welfare Check Attempt To Locate Drunk Driver Check For Reckless Driver Suspicious Vchicic Traffic Hazard Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Calls For Service Officer -Initiated Pn,s dal By At:SO,CAWth thea ohuunal from New World, CAD, Ingacy AS400, and 111) N'ebCars dalahaes Page I of 2 Proactive 2007 Monthly Average Data quened 7i6/08 Property Crime YTD Vehicle Burglary Residential Burglary Commercial Burglary Construction Burglary. Vandalism Other** 'Dotal Clearance Rate 2007 0 4 0 3 9 9 25 22.7% Construction Site Check' 0 Property/Security Check 138 2008 2 3 0 2 4 9 20 10.5% 173 168 2008 January 1 3 0 1 9 20 173 168 # of Reported Crimes 20 15 10 5 0 ■ L ro U. r0 CL 7Q g 00 CL a, O O z a 400 300 200 100 0 Burglaries & Vandalisms [Construction Site/Property/Security Checks # of Checks Traffic Accidents Property Damage Personal Injury Fatal Total Alcohol -Related Accidents Traffic Stops DUI Arrests DWP Citations Moving ('itations 25 # of Accidents 20 15 10 5 0 1TD 2007 2008 2007 2008 November December January 13 7 l2 6 1 0 26 13 1 0 22 7 0 29 0 390 579 509 2 2 1 7 5 7 90 80 70 17 l2 0 29 0 394 2 1 55 7 6 0 13 0 579 January 2008 Accidents by Time of Day 0000-0600 hrs 1 0600-0900 hrs 6 0900-1200 hrs 4 1200-1500 hrs 1 1500-1800 hrs 1 1800-2100 hrs 0 2100-2400 hrs 0 5 January 2008 80 Accidents by Day of Week Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Nom Property Damage Personal Injury October - December 2007 Top Accident Intersections Highway 44 & Eagle Rd Highway 44 & Riverside Dr/ Edgewood State St & Highway 55 State St & Horseshoe Bend Rd Highway 44 & W State St Eagle Rd & State St Eagle Rd & Riverside Dr/Rivershore Ln Eagle Rd & Chindcn Blvd Eagle Rd & Island Wood Dr fatal 2007 Monthly Average Sunday Monday Tuesday Wednesday Thursday Friday Saturday 2 2 0 5 1 January 2008 Top Accident Contributing Circumstances Inattention Speed Too Fast For Conditions Following Too Close Other Provided By ACSO/CAUnh I)ruohurned from New World, CM). Legacy A5409, and rn) WcbCars databases rage 2 ort Data gw:nod 216/06 Mayor Phil Bandy February 26, 2008 Pat Madarieta Idaho Department of Commerce P.O. Box 83720 Boise, ID 83720 CITY OF EAGLE P.O. Box 1520 Eagle, Idaho 83616 939-6813 C G c-l-?t//D Council: Steve Guerber Michael Huffaker Norm Semanko Al Shoushtarian RE: Idaho Community Development Block Grant Application Eagle Senior Center Project Dear Mr. Madarieta: The City of Eagle respectfully submits this application for an Idaho Community Development Block Grant. This application is for $100,000 in ICDBG funds to pave the rear parking lot of the Eagle Senior Citizens Center. This project will allow the Senior Citizens of our community a safe handicapped accessible entrance to their center. The City of Eagle is committing $196,098 in matching funds to this much needed project. The City of Eagle appreciates the opportunity to present this ICDBG application and your support of our grant request. Phil Bandy Mayor cc: Eagle City Council XVII. CERTIFICATIONS I certify the data in this application is true and correct, that this document has been duly authorized by the governing body of the City of Eagle and we will comply with the following laws and regulations if this application is approved and selected for funding. National Environmental Policy Act of 1969 Civil Rights Act of 1964 Pub.L 88-352 - Civil Rights Act of 1968 Pub.L 90-284 Age Discrimination Act of 1975 Rehabilitation Act of 1973, Section 504 Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended (49 CFR Part 24) Housing and Community Development Act of 1974, as amended Pub.L 93-383 Davis -Bacon Act (40 USC 276a - 276a-5) Historic Preservation Act OMB Circular A-87, and ensure that sub -recipient complies with A-110 and A-122 Section 106 of the Housing and Urban Recovery Act of 1983 certifying to: Minimize displacement as a result of activities assisted with CDBG funds by following the Idaho Department of Commerce & Labors anti -displacement and relocation assistance plan; - Conduct and administer its program in conformance with Title VI and Title VIII, and affirmatively further fair housing; Provide opportunities for citizen participation comparable to the state's requirements (those described in Section 104(a) of the Act, as amended); Not use assessments or fees to recover the capital costs of ICDBG funded public improvements from low and moderate income owner occupants; Abide by all state and federal rules and regulations related to the implementation and management of federal grants; Assess and implement an Accessibility Plan for persons with disabilities in accordance with Section 504 of the Rehabilitation Act of 1973, as amended; Adopt and implement an Excessive Force Policy; Prohibition of Use of Assistance for Employment Relocation, Section 588 of the Disability Housing and work Responsibility Act of 1998 Pub. L 105-276. Anti -Lobbying Certification: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of, employee of a member of, officer of or employee of Congress in connection with the awarding of any federal contract, the making of any federal grant or loan, the entering into any cooperative agreement and the extension, renewal, modification or amendment of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of, employee of a member of, officer of or employee of Congress in connection with this federal grant, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. /,> Signed by Chief Elected Ocial Phil Bandy Typed Name Z Z%/VSs Date CG alatil°g Page 1 of 1 Tracy Osborn From: roghanif@aol.com Sent: Tuesday, February 26, 2008 10:18 AM To: Tracy Osborn Cc: mike@mikesety.com Subject: Tiny Rose LLC, AA -1-08 Dear Tracy: Following our telephone conversation of this AM, we would like to request item 8A of tonight's meeting, AA -1-08- Tiny Rose LLC, to be continued on March 11 meeting. As I mentioned, we are scheduled to meet with Eagle City engineer tomorrow to discuss a couple items of concerns and believe it is logical to resolve these items before taking City Council time to finalize our request/appeal. If there is any question, please contact Mike Sety (867-1751) or I (386-9196). Respectfully, Foad Roghani Supercharge your AIM. Get the AIM toolbar for your browser. 2/26/2008 EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET SUBJECT: DEA -1-07 - Exclusion of Property from the Corporate Limits of the City - City of Eat February 26, 2008, 7:30 P.M. ADDRESS/ TESTIFY NAME TELEPHONE/E-MAIL YES/NO? PRO/CON EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET SUBJECT: DEA -1-07 - Exclusion of Property from the Corporate Limits of the City - City of Eagle: February 26, 2008, 7:30 P.M. EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET SUBJECT: RZ-13-05 MOD 2 — Rezone Development Agreement Modification — Idaho Development Services, Inc.: February 26, 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 2 — Rezone Development Agreement Modification — Idaho Development Services, Inc.: February 26, 2008, 7:30 P.M. 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 Citv's Citizen Participation Plan: February 26, 2008, 7:30 P.M. ADDRESS/ TESTIFY NAME TELEPHONE/E-MAIL YES/NO? PRO/CON 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 Citv's Citizen Participation Plan: February 26, 2008, 7:30 P.M.