Minutes - 2008 - City Council - 06/24/2008 - Regular
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EAGLE CITY COUNCIL
Minutes
June 24, 2008
PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m.
1. Recognition of the two boys who found money and turned it in to the Eagle Police
Department. Daniel Deppe and Nick Pica were introduced by Chief Hippe. The two boys found
property of substantial value in the Eagle area and turned it in to the Eagle Police Department.
Chief Hippe expressed thanks from the Eagle Police Department and told the boys how proud
they were of them. Mayor Bandy also extended his thanks and appreciation on behalf of the City
of Eagle and presented certificates to the boys.
2. Monthly Report by City of Eagle Police and budget proposal for fiscal year 2008/2009. Chief
Hippe. Chief Brian Hippe presented the proposed budget and five year plan to the Mayor and
Council. He reported that the City of Eagle has the lowest crime rate in the area. Within the
proposed budget Chief Hippe has included a request for a new position of an administrative
sergeant. This would improve the span of control in the department. Dr. Amy Aaron, Ada
County Sheriff's Office, addressed the Council. She is part of the Planning and Research Unit at
the SO and has helped develop the presented five year plan. Based on the 5-year plan, it is
projected that the PD will need one new administrative sergeant this year, by 2013 they will need
three additional patrol deputies, 1 additional detective, 1 STEP deputy, and new facilities. They
are presently looking at joint facility planning. Chief Hippe concluded his presentation with the
actual proposed budget amounts. The Mayor and Council expressed their appreciation for the
department and the fine job they do.
3. Presentation from Eagle Chamber of Commerce regarding the Food & Wine Festival. Teri
Bath, Eagle Chamber, addressed the council. She presented the press release for the event to the
Mayor and Council for the 2nd annual food and wine festival. Teri offered details of the festival
which will be held in August in Merrill Park. The Gala will be held inside this year at Spur
Wing.
4. Mayor and Council's Report:
Guerber - no report
Shoushtarian - no report
Huffaker - he has been told that the children's programs at the library are so busy that
some are not able to participate. He asked if they are going to expand the programs to
accommodate that. Do we need to consider space or staffing? During the Fun Days
activities he noticed that many of the events were well attended and ran very well. The
Fun Run, however, needs some assistance. Guerber will mention it at the review
meeting.
Semanko - absent
5. City Engineer Report: No report
6. City Clerk/Treasurer Report: No report
7. Zoning Administrator's Report: No report
8. City Attorney Report: No report
9. Public Works Report: No report
REGULAR COUNCIL AGENDA: 7:30 p.m.
\. CALL TO ORDER: Mayor Bandy calls the meeting to order at 7:30 p.m.
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2. ROLL CALL: GUERBER, HUFFAKER, SHOUSHTARIAN, SEMANKO. All present. A
quorum is present.
3. PLEDGE OF ALLEGIANCE: Chad Longson leads the Pledge of Allegiance.
4. PUBLIC COMMENT: None
Guerber moves to add an item to the agenda. Item 6E, a discussion regarding the Eagle
Informer's proposal and the related legal opinion. The motion is seconded by Huffaker.
ALL A YES. MOTION CARRIES.
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. Claims Aeainst the City.
B. DR-22-08 - Master Sien Plan for a Multi-tenant Office/Personal
Improvement Buildine - Gordon and Meredith St. Clair: Gordon and
Meredith St. Clair, represented by Scott Clark with ABC Drafting and Design
Services, are requesting design review approval of a master sign plan for a multi-
tenant office/personal improvement building. The 0.2 I -acre site is located on
the north side of East State Street approximately 200-feet east of Academy
Avenue at 1334 East State Street. (WEV)
C. DR-30-07 MOD - Modification of Two Multi-tenant
RetaillRestaurant/Office Buildines within Lonesome Dove Subdivision -
Lonesome Dove. LLC: Lonesome Dove, LLC, is requesting design review
approval to modify the architectural design of two previously approved multi-
tenant retail/restaurant/office buildings within Lonesome Dove Subdivision. The
site is located on the southwest corner of East Riverside Drive and Edgewood
Lane at 1505 East Riverside Drive. (WEV)
D. Findines of Fact and Conclusions of Law for RZ-03-08 - Rezone from R-4 to
CBD-DA - Olde Park Properties. LLC: Olde Park Properties, LLC,
represented by Justin Woolston, is requesting approval of a rezone from R-4
(Residential up to four dwelling units per acre) to CBD-DA (Central Business
District with a development agreement). The .63-acre site is located on Olde
Park Place approximately ISO-feet south of West State Street at 67 and 87 Olde
Park Place. (WEV)
E. Findines of Fact and Conclusions of Law for CU-02-08 - Conditional Use
Permit for a Heieht Exception - Olde Park Properties. LLC: Olde Park
Properties, LLC, represented by Justin Woolston, is requesting conditional use
approval for a height exception of 57-feet for a three story multi-tenant
residential/retail building. The .63-acre site is located on west side of Olde Park
Place approximately ISO-feet south of West State Street at 67 and 87 Olde Park
Place. (WEV)
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F. Findine:s of Fact and Conclusions of Law for RZ-05-08 - Rezone from R-4 to
CBD-DA - Jason and Melissa Brodt: Jason and Melissa Brodt are requesting
approval of a rezone from R-4 (Residential - up to four dwelling units per acre)
to CBD-DA (Central Business District with a development agreement) to
facilitate the development of a commercial use on the site. The .15-acre site is
located on the west side of Eagle Road approximately 550-feet south of State
Street at 179 South Eagle Road. (WEV)
G. Findine:s of Fact and Conclusions of Law for RZ-02-08 - Rezone from R-4 to
CBD-DA - Jason and Victoria Ritchie: Jason and Victoria Ritchie are
requesting approval of a rezone from R-4 (Residential up to four dwelling units
per acre) to CBD-DA (Central Business District with a development agreement)
to allow for a future retail commercial use. The 0.28-acre site is located on the
west side of Eagle Road approximately 800-feet south of State Street at 221
South Eagle Road. (WEV)
H. Preliminary Plat Extension of Time for Alderwood No.3 Planned Unit
Development - Wayne Swanson: Wayne Swanson is requesting a one (1) year
extension oftime for the preliminary plat approval for Alderwood No.3 Planned
Unit Development, a I2-lot (II-buildable, I-common) planned residential
development. The 2.75-acre site is located on the south side of East State Street
at 985 West State Street approximately 450-feet west of South Grandean Way.
(WEV)
I. Re-appointment to the Desie:n Review Board: Mayor Bandy is requesting
Council confirmation of the re-appointment of Trent Koci (who was originally
appointed to fulfill the remainder of a vacated term). Mr. Koci would be
fulfilling a four year term. (PB)
Huffaker removes Item #5C from the consent agenda.
Shoushtarian removes Item #5E from the consent agenda.
Guerber moves to approve the Amended Consent Agenda. Seconded by Huffaker.
Guerber: AYE; Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: ALL A YES:
MOTION CARRIES..............
Sc. DR-30-07 MOD - Modification of Two Multi-tenant RetailfRestaurant/Office
Buildine:s within Lonesome Dove Subdivision - Lonesome Dove, LLC: Huffaker asks for
clarification on the request. It appears that the request came in for just two commercial buildings
but the drawings indicate a number of buildings. His second question was in reference to the one
Design Review member who opposed the design and what his concerns were. Ted Vanegas,
Planner, addressed the questions. Ted explained that the application was expedited due to
timings of the meetings and everyone liked the way it was drawn up, still within the DR
standards but different from the norm. The descending vote worried about setting precedent
with the different fayade on the buildings. The prior application, with just two buildings, had
duplicate fayades. The rendition shown is to indicate the project as a whole when it is
completed. The entire project has not been thru Design Review at this time. Guerber says this
rendering is closer to what the original thoughts for Eagle were - creating an old town feel and
look. Bill Vaughan, Planner, clarified that although the application was expedited, it still went
thru the complete process.
Cord Christenson, Lonesome Dove, River District, addressed the issue. The craftsman style they
are using is based on types of materials as they are used artistically. They wanted to do
something different from the other developments but still work within the guidelines of the city.
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They have an opportunity to relocate a significant business from downtown Boise to Eagle at this
development thus their request to move the process along as quickly as possible. General
discussion.
Huffaker moves to approve Consent Agenda Item 5C, DR-30-07 MOD - Modification of
Two Multi-tenant Retail/Restaurant/Office Buildings within Lonesome Dove Subdivision -
Lonesome Dove, LLC, to allow the developer to have the design they originally presented to
the Design Review Board and to not require them to modify it unless they feel, in looking at
it themselves, they could do something better and it is approved by staff and Design
Review. The motion is seconded by Shoushtarian. ALL A YES. MOTION CARRIES.
5E. Findines of Fact and Conclusions of Law for CU-02-08 - Conditional Use Permit
for a Heieht Exception - Olde Park Properties, LLC. Shoushtarian requested that this item be
removed from the consent agenda to reiterate for the record that he voted nay on the application
(as reflected in the findings).
Semanko moves to approve Consent Agenda Item 5E, Findings of Fact and Conclusions of
Law for CU-02-08 - Conditional Use Permit for a Height Exception - Olde Park Properties,
LLC. The motion is seconded by Huffaker. THREE A YES; ONE NAY - Shoushtarian.
MOTION CARRIES. Discussion on clarification of the nay vote.
6. UNFINISHED BUSINESS:
A. Ordinance No. 602 - Prohibitine uncovered loads: An Ordinance For The City Of Eagle,
Idaho Chapter 5, Police Regulations, Adding Chapter 11, Prohibition Of Uncovered Loads,
Exceptions, Establishing A Penalty And Providing An Effective Date. (PB) This item was
continued from the June 17, 2008 meeting.
Mayor introduces the issue. Legal Counsel Buxton addressed this issue. Research indicated a
question over jurisdiction and enforcement. Recommendation is to table the ordinance until such
time as other larger agencies have made a decision regarding it.
Semanko moves to remand Ordinance No. 602 to the Treasure Valley Partnership until
such time that they provide a legal analysis and justification for the ordinance. The Mayor
can raise those issues at the table. The motion is seconded by Guerber. ALL A YES.
MOTION CARRIES.
B. DR-19-08 - Multi-tenant Office/Retail and Apartment Buildine - Yesterday Properties,
LLC: Yesterday Properties, LLC, represented by Shawn Nickel, is requesting design review
approval to construct a 2,503-square foot multi-tenant office/retail and apartment building
(1 ,057-square feet first floor and 1,446-square feet second floor). The O.I68-acre site is located
on the east side of North 2nd Street approximately ISO-feet north of East State Street. (WEV)
This item was continued from the June 17, 2008 meeting.
Mayor introduces the issue. Bill Vaughan, Planner, stated that Mr. Nickel has requested this
item be moved to the end of the agenda or to the next meeting as he is committed to another
meeting tonight also. Shoushtarian said that he had pulled this item from an earlier consent
agenda for further discussion. He assumed the council wanted to review the resolution 07-19A
following previous discussion as it is being referred to with this request.
Semanko moves to place agenda item 6B at the end of the agenda. The motion is seconded
by Shoushtarian. ALL A YES. MOTION CARRIES.
C. Discussion of increase of operatine costs for Allied Waste Services due to increase of
fuel prices:
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Mayor introduces the issue. Guerber suggested we schedule for the appropriate public hearings
as soon as we can.
Guerber moves to have staff provide appropriate advertising for public hearing and get it
on a schedule as soon as possible. The motion is seconded by Shoushtarian. ALL A YES.
MOTION CARRIES.
D. Consideration of payment to Blue Print for Good Growth.
Mayor introduces the issue. This was a commitment of the previous administration for the first
phase of the project. The City has been involved with Blue Print for Good Growth from the
beginning. During Phase II we agreed to sit in, as requested, but did not agree to pay $20,000
unless every community committed to the project. Nichoel Baird-Spencer, Planner, addressed
the council and explained the work and the time that City Staff has provided for the project. She
reviewed the history of the plan to where it is today. General discussion.
Semanko moves to deny payment to Blue Print For Good Growth. Huffaker seconds for
discussion. General discussion. Semanko modifies his motion to deny to include a letter
from the Mayor indicating our contributions, our involvement and the cooperation we've
had. Huffaker concurs and seconds. THREE A YES, ONE NAY - Shoushtarian, feels we
should participate and also try to mediate what is a fair price.
Five minute recess.
E. Addition to the aeenda, Eaele Informer. Council Liaison's discussion with the
Communications Task Force and their desire to have a survey placed in the Eagle Informer and
the City paying the postage and a legal analysis of doing so. Shoushtarian stated that the CTF
had decided to conduct the survey through different means. Legal Counsel provided a legal
analysis for the city paying the postage for the Eagle Informer for this purpose. In consideration
of the bid statue, the conclusion is that the safest way to do this would be to put out an RFQ for
the specific purpose and provide a budget for it. General discussion regarding the desire to see
this as a budget item and recommendations from the CTF for specific items. Robert, Eagle
Informer, addressed the Council to discuss the funding of the magazine and its general
dissemination throughout the community.
Huffaker moves to wait for a recommendation from the Communication Task Force and at
that time consider this and anything we would do for city communications as a budget
item. The motion is seconded by Guerber. ALL A YES. MOTION CARRIES.
7. NEW BUSINESS:
A. Ordinance No. 603 - Drvcreek Estates: An Ordinance Changing The Zoning
Classification Of The Real Property Described Herein From A-R (Agricultural- Residential)
Classification To R-E-Da (Residential-Estates With A Development Agreement) Zoning
Classification; Amending The Zoning Map Of The City Of Eagle To Reflect Said Change; And
Providing An Effective Date. (WEV)
Mayor introduces the issue.
Huffaker 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 #603 be considered after being read once by title only. Huffaker
reads Ordinance #603 by title only. Seconded by Guerber. ALL A YES. MOTION
CARRIES.
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Huffaker moves that Ordinance #603 be adopted. Seconded by Shoushtarian.
Guerber - AYE; Huffaker - AYE; Shoushtarian - AYE; Semanko - AYE. ALL A YES.
MOTION CARRIES.
B. Ordinance No. 606 - Vil?:ne d' Aquila: 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; Changing The Zoning Classification
Of Said Real Property Described Herein From Rut (Rural Urban Transition) To R-E-Da
(Residential - Estates With A Development Agreement); Amending The Zoning Map Of The
City Of Eagle To Reflect Said Change; Directing That Copies Of This Ordinance Be Filed As
Provided By Law; And Providing An Effective Date. (WEV)
Mayor introduces the issue.
Huffaker 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 #606 be considered after being read once by title only. Huffaker
reads Ordinance #606 by title only. Seconded by Semanko. ALL A YES. MOTION
CARRIES.
Huffaker moves that Ordinance #606 be adopted. Seconded by Semanko. Guerber - AYE;
Huffaker - AYE; Shoushtarian - AYE; Semanko - AYE. ALL A YES. MOTION
CARRIES.
C. Ordinance No. 607 - Millpark Villal?:e: An Ordinance Changing The Zoning Classification
Of The Real Property Described Herein From A-R (Agricultural-Residential) Classification 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. (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 #607 be considered after being read once by title only. Guerber
reads Ordinance #607 by title only. Seconded by Huffaker. ALL A YES. MOTION
CARRIES.
Guerber moves that Ordinance #607 be adopted. Seconded by Huffaker. Guerber - AYE;
Huffaker - AYE; Shoushtarian - AYE; Semanko - AYE. ALL A YES. MOTION
CARRIES.
8. PUBLIC HEARINGS:
A. RZ-OI-07 MOD - Rezone Development Al?:reement Modification - Dwayne Linl?:el
(Adonai Subdivision): Dwayne Lingel, represented by Van Elg with the Land Group, Inc., is
requesting a modification to the development agreement Conditions of Development 3.5, 3.6, 3.7
and 3.8 to remove language that encourages the applicant to form ajoint water association and a
joint homeowners association with the adjacent developments to the west (Lockey Estates
Subdivision and Tabasco Trail Subdivision). The 5.70-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)
Mayor introduces the issue. Van Elg, Land Group, 462 East Shore, Suite 100, Eagle. The
applicant makes a presentation to the Council reviewing specific parts of the request. Joanne
Butler, representing the applicant, suggests additional modifications to represent the modern day
circumstances. Discussion regarding easements / access agreement. General discussion. No one
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else was present to address this issue, the Public Hearing closed.
Huffaker moves to approve item 8A RZ-OI-07 MOD - Rezone Development Agreement
Modification - Dwayne Lingel (Adonai Subdivision) with the provision that the changes
recommended specifically for 3.11 DA include language suggested by council that it be
referred to as an easement and not just a maintenance agreement. The motion was
seconded by Shoushtarian. Clarification that the language being used refer to the June 23rd
email from Ms. Butler be the language that is being discussed. ALL A YES. MOTION
CARRIES.
Guerber requests consideration of item 6B which was moved to the end of the agenda as the
applicant is now present.
Agenda item 6B. DR-19-08 - Multi-tenant Office/Retail and Apartment Buildine:-
Yesterday Properties, LLC: Shawn Nickel addressed the council for any questions.
Shoushtarian expressed his concerns about Resolution 07-19A and how it relates to his request.
Mr. Nickel reviewed the history of the property since his purchase of it and his plans for the area
and the parking. General discussion.
Huffaker moves to approve item 6B, DR-19-08 - Multi-tenant Office/Retail and Apartment
Building - Yesterday Properties, LLC. The motion is seconded by Semanko. ALL A YES.
MOTION CARRIES.
The joint meeting for June 30, 2008, will not be held.
9. ADJOURNMENT:
Huffaker moves to adjourn. Seconded by Semanko. ALL A YES. MOTION
CARRIES.
Hearing no further business, the Council meeting adjourned at 10: 1 0 p.m.
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P LLIP J. BANDY
MAYOR
A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT EAGLE
CITY HALL
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