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Minutes - 2009 - City Council - 01/27/2009 - Regular v' EAGLE CITY COUNCIL Minutes January 27, 2009 PRE-COUNCIL AGENDA: 6:30 D.m. - 7:30 D.m. 1. Ada County Sheriff s Office Monthly Report: Chief Hippie distributes the monthly report which is also an annual report and discusses the same. This report reflects some great by the officers. General discussion. 2. Peak Physical Therapy Detox: Darren Tucker, CEO ofWellness Detox Center ofldaho, distributes a handout and discusses the Center and the programs that are offered. General discussion. 3. Mayor and Council Reports: Semanko: I missed the Transportation Meeting today. I talked to Crystal to let them know what we have done on the Liaison positions. General discussion. Shoushtarian: Provides an overview of the Special Olympics. We may have 4 or more delegates. We will have a schedule for the delegates to get familiar with our town; there will also be some art and music opportunities. We will have the Swedish team. The Torch will be coming to town. General discussion. Mayor: Hopefully everyone saw the media coverage of the Eagle-Star Technical Corridor Golden Spike event that occurred on Saturday. Provides an overview of the program. Tomorrow is the Treasurer Valley Partnership meeting in Star. We will be discussing the Field of Honor. Cathy Coburn has volunteered to coordinate the Field of Honor I will be attending The Statesman's Vision for the Valley Meeting. Thursday is the Idaho Officials Day at the Capital. Next Wednesday is Tammy De Weerd's State of the City Address. Discusses programs for the Special Olympics. A week from Saturday is Customer appreciation Day at the Nazarene Church. The loth is my State of the City Address at the Chamber Lunch held at the Nazarene Church. Huffaker: Nancy Merrill, Al and I attended the Methodist Church Dedication of their new building. They were grateful to the City and very generous in recognizing the City of Eagle Tomorrow the Government Relations Committee of the Chamber is meeting to discuss whether or not we will be endorsing a Local Option Tax Bill. There was a meeting last week with Urban Renewal and the people that own property in the four corners area. General discussion. Guerber: I was out of town last week and missed all of the events. I am going to leave for California on Sunday so I will miss all of next week's events. Reports on the Eagle Fun Days week. Essentially nobody knows what is going to happen. I reiterated again today that we are going to do a budget session in February and we didn't know about funding so they are aware of this fact. Shoushtarian: Discusses the pot luck. 4. City Clerk/Treasurer Report: No Report 5. Zoning Administrator's Report: No Report 6. Public Works Director Report: No Report 7. City Attorney Report: No Report Page I K ICOUNCIL IMINUTESI Temporary Minutes Work Area ICC-O 1-27 -09min. doc REGULAR COUNCIL AGENDA: 7:30 p.m. 1. CALL TO ORDER: Mayor Bandy calls the meeting to order at 7:45 p.m. 2. ROLL CALL: GUERBER, HUFFAKER, SHOUSHT ARIAN, SEMANKO. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Mike Echeita leads the Pledge of Allegiance. 4. PUBLIC COMMENT: None 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. Findines of Fact and Conclusions of Law for W A-1-09/DR-64-08 - Wavier for Cool Hand Luke's Steakhouse and Saloon Wall Sien - Stonewvcke Partners. LLC: Cool Hand Luke's Steakhouse and Saloon, represented by Susan Bosworth with Young Electric Sign Company, is requesting City Council approval of a waiver for the approval of a design review application for the construction of a third building wall sign. The site is located approximately 135- feet south of East Shore Drive within Eagle River Development (Lot 12, Block 4, Mixed Use Subdivision No. 3) at 291 East Shore Drive. (WEV) B. Findines of Fact and Conclusions of Law for W A-2-09/DR-120-06 MOD- Wavier for Bank of the West Wall Sien - Bank of the West: Bank of the West, represented by Lonni Hale, is requesting City Council approval of a waiver for the approval of a design review application for the construction of a third building wall sign. The 0.93-acre site is located on the southeast corner of East Riverside Drive and Eagle Road within the Eagle River Development at 47 East Riverside Drive. (WEV) C. Findines of Fact and Conclusions of Law for A-16-07/RZ-23-07 - SB/CH Land ComDanv (Flack/Carlock). LLC: SB/CH Land Company (Flack/Carlock), LLC, represented by Ashley Ford with WRG Design, Inc., is requesting a rezone from RUT (Rural Urban Transition- Ada County Designation) to MU-DA (Mixed Use with a development agreement. The 287.67-acre site is located at the Northeast corner of Beacon Light Road and State Highway 16. (MJW) D. Claims Aeainst the City. E. Minutes of January 13. 2009. F. Minutes of January 20. 2009. Guerber moves to approve the Consent Agenda. Seconded by Huffaker. Guerber: AYE; Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: ALL AYES: MOTION CARRIES........... ... Page 2 KICOUNCILIMINUTESITemporary Minutes Work AreaICC-01-27-09min.doc 6. PUBLIC HEARINGS: A. PP/FP-02-08 - Arts West Subdivision No.2 - Ea!!le Island Crossin!!. LLC: Eagle Island Crossing, LLC, represented by Kammie Oates with Horrocks Engineers, is requesting combined preliminary plat and final plat approval for Arts West Subdivision No.2 (a re-subdivision of Lot 6, Block 2 of Arts West Subdivision). The 2.78-acre subdivision will consist offour (4) commercial lots. The site is located on the north side of State Highway 44 approximately 1,320 feet east ofN. Park Lane, on Lot 6, Block 2, of Arts West Subdivision. (MJW) Mayor introduces the issue. Kammie Oates, representing the applicant, displays overheads and provides an overview of the application for the Council. General discussion. Planner Williams: Provides and overview of the application for Council. General discussion. Mayor opens the Public Hearing Mayor closes the Public Hearing Semanko moves to approve PP/FP-02-08 - Arts West Subdivision No.2 - Eagle Island Crossing, LLC. Seconded by Huffaker. Discussion. Huffaker I would like to include in the motion: That any of the owners that open a restaurant that the owners have the same condition as the building AI had. Guerber: I want to clarify that your motion includes the specific and standard conditions of approval. Semanko includes these conditions in his motion. Seconded by Guerber. Discussion. Planner Williams: In the modified development agreement that was approved and executed, under condition 2.7 there was a clause put after the permitted uses and prohibited uses which states: the restaurant with drive-thru limited to one of the following coffee, yogurt, ice cream or deli sandwich shop shown on the Eagle Island Crossing site plan Exhibit D, as building L, which is prohibited use within said section of Eagle City Code and on the entire property as noted above shall be permitted with this development agreement. Fisher Parkway shall be connected to Flint Drive from State Highway 44 prior to the issuance of a building permit for the restaurant with drive-thru. General discussion. Huffaker makes a substitute motion which is essentially the same motion as Norm's with the condition including the language Mike just read to us but changing to restaurant rather than drive-thru and changing it to an occupancy permit instead of a building permit. Seconded by Shoushtarian. Discussion. TWO AYES: Huffaker and Shoushtarian: TWO NAYS: Semanko and Guerber: Mayor: NAY. Motion fails. Mayor calls for the Question on the Regular Motion: TWO AYES: Semanko and Guerber: TWO NAYS: Huffaker and Shoushtarian: Mayor: AYE. MOTION CARRIES.............. 7. NEW BUSINESS: A. Award of bid for Chlorination System Proiect: (ME) Mayor introduces the issue. Public Works Director Echeita: What you have in front of you tonight is the last project for the upgrades and improvements to the eastern zone of the water system. Provides Council an overview. We had 12 bids that met all of the requirements and we have listed three of them. The low is Wright Brothers at $129,775.00 and the high is $242,135.30. Holladay Engineering and I are recommending that we accept the bid from Wright Brothers to do the project at $129,775.00. Page 3 KICOUNCIL\MINUTESITemporary Minutes Work AreaICC-01-27-09min.doc Guerber moves to approve the award for the bid for Chlorination System Project to Wright Brothers The Building Company in the amount of $129,775.00. Seconded by Huffaker. Guerber: AYE; Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: ALL AYES: MOTION CARRIES.............. Huffaker: I want to explain my vote on Item #6A for the record. I have no opposition to the general request of this application, in fact as was explained during the presentation it was just essential a division that had already been approved into four individual lots instead of one owner and I had no objection to that. My only object was based on the fact that anyone ofthe lots could be built and used as a restaurant and as a restaurant it would then become attractive to the students at High School who would be using it during the lunch hour. One of the ways that they could get there is through Flint and then on to Rush and at a previous hearing for this same subdivision we heard testimony that there is already a problem of people cutting across what is now the Arts West School parking lot to get to this part of the subdivision. I think that the problem would increase with the presence of a restaurant. So 1 think what has happened here is that there are new facts that have come to light and new circumstances that exist that should cause us to reflect on the safety of having a restaurant there without that road being completed. So my position is solely based on the fact that it was being built without the road being completed. This could possibly affect the safety of the students at Arts West School. Shoushtarian: I have been concerned about this subdivision as far as the ingress and egress from the very beginning. I am also wondering how many restaurant are going to go in there and the traffic that is going to be generated. 8. EXECUTIVE SESSION: A. Personnel Matters: I.C. S6723-45(a, b) [SEB] Mayor introduces the issue. Ms. Buxton is ill so I am asking that this be continued to our next regularly scheduled meeting. So moved by Semanko. Seconded by Shoushtarian. ALL AYES: MOTION CARRIES...... Mayor: Any Staff Reports? City Clerk Bergmann: I just wanted to report to you that everything in the Transparency Resolution is now on the website. Previously you have asked us to report on what are departments are working on and in addition to our everyday work we are working on fixed assets, revising the personnel manual, we are working with Nichole on the BLM Application on the financial component, and we are working on updating the Impact Fee Ordinance. I will bring to you at a meeting in February an update on finances. General discussion. 9. ADJOURNMENT: Guerber moves to adjourn. Seconded by Huffaker. ALL AYES: MOTION CARRIES...................... .. Hearing no further business, the Council meeting adjourned at 8:25 p.m. Page 4 KICOUNCILIMlNUTESITemporary Minutes Work AreaICC-01-27-09min.doc Respectfully submitted: ~(<+.. [L ~~ ./ SHARON K. BERGMANN CITY CLERK/TREASURER ",,'ll ....."" ..." OLE '" ....... <. t>- ,~ " .r~ v......... ...... .,~ '" .'1,. TE..... # ~ 0 ~. d '" .. ~ = co. O.~ e. ~ ..;;....." ....0. .. . ~ 1"'".. : f-.: ~ , .... .~. ::c : - .-. 0 · V Q: . :. u ~ u ' b~ Ill. ~ : .. e v,.,............ lit . . Co. ~~.:::: ~ -:. e. ~..;J 0 .. .. -:. *' ... INCO~'l.. O~ ~ ',# ....... G ..," '" STA'\:v ,.... '" ", ",.......,,' A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT EAGLE CITY HALL Page 5 KICOUNCILIMlNUTESITemporary Minutes Work AreaICC-OI-27-09mindoc Arts West Subdivision No. 2 Combined Preliminary/Final Plat N.) • • to 0 Iv mem ill. lip E 0.1035•40, ROO Eagle City Code 9-2-3 (13.) Preliminary Plat The applicant may request that the subdivision application be processed as both a preliminary and final plat if all the following exist: . 1. The proposed subdivision does not exceed ten (10) lots; : 2. No new street dedication or street widening is involved; 3. No major special development considerations are involved such as development in a floodplain, hillside development or the like; 4. All required Information for both preliminary and final plat is complete and in an acceptable form; and 5. The proposed subdivision is not in conflict with the comprehensive plan or any provision of the zoning title of the city. Conclusion • This request is to subdivide Lot 6, Block 2 of Arts West Subdivision into 4 commercial lots. • The purpose and use of this land will not deviate from the use granted under the Arts West Subdivision. • The utilities and public services for the site have been previously designed, approved and deemed adequate to serve the development through the review and platting of Arts West Subdivision. • This subdivision will not require any changes or modifications to the current improvements as approved and constructed for Arts West Subdivision. 3 EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP PP/FP-02-08 - Arts West Subdivision No. 2 - Eagle Island Crossing, LLC January 27, 2009 TESTIFY PRO/ CON or NAME ADDRESS YES/NO NEUTRAL I��>>I��►1•J�9(' ADA COUNTY GARY RANIY, SIIIRIf f City of Eagle Police Monthly Report December 2008 Croup A NIBRS Crime* Person Crime* Property Crime* Society Crime* Total Felon) Misdemeanor # of Reported Crimes 80 60 40 20 0 11111 Jan 2907 YTD 2008 Clearance Rate 2008 128 117 8L2% 8 9 6 389 340 26.8% 19 37 13 88 78 96.2% 8 13 9 2008 October Nos ember December City of Eagle Population COMPASS 2007: 20,951 COMPASS 2008: 21,090 % Change 0.7% 605 535 48.8% 35 59 28 Group A NIBRS Crime Rate YTD (per 1,000) 242 222 34.7% 10 29 11 2007. 28.9 362 313 58 8% 25 30 17 2008: 25.4 tis Feb Mar miliANON ION .111 11111 . MUM Apr May Jun Jul Aug Sep Oct Nov Dec Person Property Society 2007 Monthly Average % Change -12.2% 2007 Clearance Rates Person: 70.3% Property: 25.2% Society: 92.0% Total: 44.5% Felony. 31.8% Misdemeanor. 53.0% Police Activity Calls For Service+ Total Response Time Code 3$ Response Time Officer -Initiated+ Proactive+ Reports (DR's) Arrests§ Citations 1600 # of Incidents 1200 800 400 0 41. • sw YTD 2008 2007 2008 October Nos ember December 4,607 3,888 288 310 285 6:45 6:53 6:24 7:07 7:06 3:08 2:51 3:03 2:52 2:11 6,717 8,790 988 843 811 3,057 3,428 255 222 217 1,777 1,789 154 165 133 596 591 65 57 54 1,825 2,238 271 241 234 IMPS N MI MIN MINFT ▪ 1111 111111.11111 NOM ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec © Calls For Service Officer -Initiated Proactive 2007 Monthly Average Provided By ACSOCCAU lh Data .teamed from New Wald. CAD. Legacy AS400. (STARS, and ITU Wet,Can databases Page 1 of December 2008 Top Calls For Service Burglary Alarm Suspicious Vehicle Auto Accident Non -injury Traffic Hazard Welfare Check Data queued 1/12/09 Property Crime Vehicle Burglary. Residential Burglary. Commercial Burglary Construction Burglary Vandalism Other`" Total 2007 49 42 9 14 128 147 389 YTD 2008 69 37 14 7 78 135 340 Construction Site C'heck° 1,381 931 Property/Security Check 1,303 1,913 2008 December 3 3 1 (1 1 5 13 39 1-16 30 m tv LL C m CL ' 2 < 2 ; a a a� N u 0 0 z w 0 400 300 200 100 0 Burglaries & Vandalisms —0—Construction Site/Property/Security Checks # of Checks Traffic Crashes Property Damage Personal Injury Fatal Total Alcohol -Related Crashes Traffic Stops DUI Arrests DWP Citations Moving Citations # of Crashes 25 20 15 lat 10 5 YTD 2008 2007 2008 October November December 153 143 12 10 13 88 84 7 7 3 1 1 0 0 0 242 228 19 17 16 12 13 1 0 1 4,954 6,404 762 684 624 65 86 12 10 9 79 114 24 18 16 1,129 1,039 107 94 91 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec MIN Property Damage Personal Injury October - December 2008 Top Crash Intersections Highway 44 & Eagle Rd State St & Eagle Rd State St & Park Ln/ Old Valley Rd Eagle Rd & Chinden Blvd Eagle Rd & Floating Feather Rd Highway 44 & W State St State St & Linder Rd State St & Ballantyne Ln Chinden Blvd & Locust Grove Rd Park Ln & Floating Feather Rd Fatal 2007 Monthly Average December 2008 Crashes by Time of Day 0000-0600 hrs 0 0600-0900 hrs 3 0900-1200 hrs 1200-1500 hrs 1500-1800 hrs 1800-2100 hrs 2100-2400 hrs 4 3 5 0 1 December 2008 Crashes by Day of Week Sunday 1 Monday 2 Tuesday 4 Wednesday 2 Thursday 1 Friday 3 Saturday 3 December 2008 Top Crash Contributing Circumstances Inattention Following Too Close Speed Too Fast For Conditions Improper Tum Provided By ACSO/CAU/th Dula obtained from New World, CAD. Legacy AS400, (STARS. and LTD WebCara dalabarea Page 2 of 2 Data queried 1/12/09