Minutes - 2008 - City Council - 11/12/2008 - Special
EAGLE CITY COUNCIL
Special Meeting Minutes
November 12, 2008
PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m.
I. Eagle Star Tech Corridor discussion - Teri Bath. Teri Bath, Eagle Chamber of Commerce,
introduces Gary Smith with The Star Economic Development Council. Teri provides the
Council an overview of the Technology Corridor. Teri presents a power point presentation and
discusses the same. This presentation will be presented to the Star City Council next week.
General discussion.
2. Discussion of proposed Transparency Resolution. Tracy Osborn, Sr. Deputy City Clerk, I
wanted to make myself available if you have any questions on my Memo that was in your packet.
General discussion.
3. Mayor and Council Report: Moved to end of Agenda
4. City Clerk/Treasurer Report: Moved to end of Agenda
5. Zoning Administrator Report: Moved to end of Agenda
6. Public Works Director Report: Moved to end of Agenda
7. City Attorney Report: Moved to end of Agenda
REGULAR COUNCIL AGENDA: 7:30 p.m.
I. CALL TO ORDER: Mayor Bandy calls the meeting to order at 7:40 p.m.
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
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 Against the City.
B. A Proclamation declaring November 10-14,2008 to be Idaho Nonprofit Week.
(PS)
C. Findin2:s of Fact and Conclusions of Law for RZ-24-06 MOD2 - Ea2:le
Gatewav Development. LLC: Eagle Gateway Development, LLC, is requesting
a modification to the rezone development agreement associated with the Eagle
Gateway South Subdivision. The 56.86-acre site is generally located is located
Page I
K\CQUNCILIMINUTES\Temporary Minutes Work Area\CC-1 1-12-08min doc
on the southeast corner of State Highway 44 and E. Riverside Drive at 1650 E.
Riverside Drive. (MJW)
D. Findinl!:s of Fact and Conclusions of Law for A-04-08/RZ-09-08 & PP-04-08
- Annexation/Rezone & Preliminary Plat for Sprinl!:haven Subdivision -
Beacon Lil!:ht Homestead. LLC: Beacon Light Homestead, LLC, represented
by Matt Smith, is requesting an annexation and rezone from RUT (Rural-Urban
Transition - Ada County designation) to R-E-DA (Residential- Estates, one unit
per two acres with a development agreement) and preliminary plat approval for
Springhaven Subdivision an 8-10t (6-buildable, 2-common) residential
subdivision. The 14.36-acre site is generally located on the south side of East
Beacon Light Road approximately 1,984-feet east of the intersection of North
Eagle Road and East Beacon Light Road at 671 East Beacon Light Road.
(MJW)
E. Findinl!:s of Fact and Conclusions of Law for RZ-19-05 MODl -
Modification to Development Al!:reement - (Lonesome Dove Subdivision),
Lonesome Dove, LLC: Lonesome Dove, LLC, represented by Chad Longson is
requesting a modification to the development agreement associated with the
Lonesome Dove Subdivision. The 41.20-acre site is generally located on the
southwest corner of Riverside Drive and State Street at 1505 Riverside Drive.
(MJW)
F. Findinl!:s of Fact and Conclusions of Law for RZ-08-03 MOD - Eal!:le Island
Crossinl!:, LLC: Eagle Island Crossing, LLC, represented by Kammie Oates
with Horrocks Engineers, is requesting a modification to the rezone development
agreement (instrument No. 105007541) to add "restaurant with drive thru"
(specifically one of the following: coffee, yogurt/ice cream, or sandwich shop) as
a "P" permitted use within Arts West Subdivision (aka Symphony Subdivision),
a 21-lot (17-commercial, I-access and 3-common) mixed use subdivision. The
16.05-acre site is generally located 1,320 feet east ofN. Park Lane on the north
side of State Highway 44 at 3300 & 3450 W. State Street and 34 I 5 W. Flint
Drive. (MJW)
G. Minutes of October 28,2008.
H. Gibbons Scott & Dean Auditor Contract for Fiscal Year 07-08 audit
services: (SKB)
I. Aoproval of Open Access Al!:reement with City of Boise: (RB)
J. Approval of appointment of Marv Berent to the Eal!:le Public Librarv
Semanko moves to add to the Consent Agenda as Item #5J the appointment of Mary Berent
to the Eagle Public Library Board. Seconded by Huffaker. ALL AYES: MOTION
CARRIES........ ...
Shoushtarian removes Item #5G. Minutes of October 28, 2008 from the Consent Agenda.
Planner Williams removes Item #5E. Findings of Fact and Conclusions of Law for RZ- I 9-05
MOD I - Modification to Development Agreement - (Lonesome Dove Subdivision) from the
Consent Agenda.
Guerber moves to approve the Amended Consent Agenda Items #A, B, CD, F, I and the
additional of J. Seconded by Huffaker. Guerber: AYE; Huffaker: AYE; Shoushtarian:
AYE; Semanko: AYE: ALL AYES: MOTION CARRIES..............
5E. Findinl!:s of Fact and Conclusions of Law for RZ-19-05 MODl- Modification to
Development Al!:reement - (Lonesome Dove Subdivision), Lonesome Dove, LLC.
Page 2
K\CQUNCILIMINUTES\Temporary Minutes Work Area\CC-II-12-08min.doc
Planner Williams, due to the early morning hours that this hearing was held there was a request
and discussion on the townhouse project adjacent to the street. The motion was based on "Staff
Recommendations" and we need to have more detail included. Provides Council an overview of
the Staff Recommendations. General discussion.
Guerber moves to approve Findings of Fact and Conclusions of Law for RZ-19-05 MODl-
Modification to Development Agreement - (Lonesome Dove Subdivision), Lonesome Dove,
LLC with the additional clarification on the measurement for the street to be 10' rather
than 18'. Discussion. Guerber rewords his motion to not make reference to 10' and 18'
but in fact make reference to 5' from the edge of the street and/or alley depending on what
is being construction and the street reference is for the south side of the sidewalk, Lone
River Street. Seconded by Semanko. ALL AYES: MOTION CARRIES..................
G. Minutes of October 28,2008.
Mayor introduces the issue.
Shoushtarian: I pulled the minutes out, on Page 4 and 5 of the minutes is discussion on Eagle
Island Crossing and I was the only one that voted Nay on that motion to approve the drive thru
for the restaurant or coffee shop or whatever it was and there was no explanation anywhere that
was my explanation of why I was opposed to it. Ijust wanted to make sure I that it will be
somewhere in there the reasons that I discussed it with the applicant and what was the reasons
that I disagreed that this should be approved and there is not reflection.
City Clerk Bergmann: We covered this, probably in January, and it was my understanding about t
that discussion was about that if you said nay and wanted to state your reasons that you would
state it at the time you said nay in the motion.
Further general discussion.
Shoushtarian: I amjust going to go ahead and amend the minutes to explain why I voted nay and
it was because of the drive thru I didn't think that as far as the traffic and also transportation that
I mention in that meeting, turning left from Park Lane to Clint drive especially at the time of the
high school that they going there would be safe and also on top of that I was asking ACHD and
ITD, specifically ACHD, to give us a little bit more detail information and that is the reason I
voted nay.
Further general discussion.
Mayor: I will entertain a motion to approve this item with the instruction that it be noted
in the minutes of this evening the concerns that Council Member Shoushtarian had with
the minutes of October 28th.
Huffaker so moved. Seconded by Shoushtarian. ALL AYES: MOTION CARRIES.........
6. UNFINISHED BUSINESS:
A. RZ-20-07 MOD- Jeoffrev and Colette Nvbor!!:: Jeoffrey and Colette Nyborg, represented
by Shawn Nickel with SLN Planning Inc., are requesting a modification to the rezone
development agreement of Conditions of Development # 3.4 to remove the requirement to re-
subdivide the existing lot and allow an administrative parcel division. The 4.73-acre site is
generally located on the northeast corner ofN. Ballantyne Lane and Hereford Drive within
Bakers Acres Subdivision at 660 N. Ballantyne Lane. This item was continuedfrom the October
14, 2008 meeting. (MJW)
Mayor introduces the issue.
Page]
K\COUNCILIMINUTES\Temporary Minutes Work Area\CC-ll-12-08min.doc
Planner Williams: Displays overheads and provides Council an overview of the modified
conditions. General discussion.
Planner Williams will bring back a new set of Findings for Council approval at next weeks
meeting.
B. State Street Transit Oriented Development Memorandum of Understandinl!: (MOU)
This item was continuedfrom the October 28, 2008 meeting.
Mayor introduces the issue.
Planner Baird-Spencer: Provides Council an overview of the MOU.
City Attorney Buxton: This contract has been reviewed as to form and as far as the form goes we
don't have an issue, the only questions I would have is what is the expectations from this contract
because we have seen similar contracts like the Blue Print for Good Growth so that would be my
only caution to you in looking at it in a policy perceptions.
General discussion.
Huffaker moves that in reference to Item #6B that we instruction Counsel to draft a
Resolution reflecting our support of the concept of the State Street Corridor Strategic Plan
and to also give us sufficient flexibility to decide on how and to what extent we are going to
participate. Seconded by Semanko. ALL AYES: MOTION CARRIES..............
Further general discussion.
C. M3 Al!:reement supportinl!: the City's R&PP application to the BLM and all other costs
incurred by the City for administerinl!: their development al!:reement. This item was
continued/rom the October 28, 2008 meeting. The applicant and staff are requesting this item
be continued to the December 9, 2008 meeting. (SEB)
Mayor introduces the issue. The applicant and staff are requesting that this item be
continued to the December 9, 2008 meeting.
So moved by Guerber. Seconded by Shoushtarian. ALL AYES: MOTION CARRIES......
D. Discussion of proposed Transparency Resolution: 08-28
Mayor introduces the issue.
Semanko: I think that the memo we got from Tracy is, as I said during pre-session, excellent. I
think what we ought to do is ask staffto go ahead and propose some provisions to this resolution
consistent with the memo and providing a couple of clarifications on some of the questions that
she raised
Discussed by Council:
1. No intent or desire to include any payroll entries in any of the items to be posted on the
web site.
2. #3 in the Memo, there is not a need to have names associated with every cash receipting
payment. I don't think we need that level of detail and I don't think it is useful. General
discussion.
3. Be able to access contracts on the web page opposed to a link.
4. Post the Vendor Master List on the web page.
5. Post active contracts on the web page.
6. Post the detail ledger on the web page twice a year.
7. Post the Cash Receipt and the Check Register after approval by the City Council.
Page 4
K\CQUNCILIMINUTES\Temporary Minutes Work Area\CC-ll-12-08min.doc
8. Cash Receipt and Check Register to be rotated every three months.
9. Use Cash Receipt Register, Exhibit D.
10. Use Check Register, Exhibit C.
11. Staff to suggest a date for completion.
7. PUBLIC HEARINGS:
A. CPA-05-08/A-3-03/RZ-08-08 - Comprehensive Plan Map & Text Amendment from
Mixed Use and Professional Office to Commercial. Annexation and Rezone with Pre-
annexation/Development Al!:reement - Eisenberl!: Company: Eisenberg Company,
represented by Van Elg of The Land Group, Inc., is requesting a Comprehensive Plan Map and
Text Amendment to change the land use designation on the Comprehensive Plan Future Land
Use Map from +/- 31.4 acres Mixed Use and +/- 4.4 acres Professional Office to Commercial and
amend the language in the Rim View Planning Area, an annexation and rezone with Pre-
Annexation/Development Agreement for +/- 38.34 acres with a zoning designation ofC-3-DA
(Highway Business District with a Development Agreement). The +/- 38.34-acre site is located
at the northeast corner of Linder Road and Chinden Boulevard (US 20/26). Public testimony will
be limited to the items noticed and published by the City. The applicant and staff are requesting
this item be continued to the December 9, 2008 meeting. (NBS)
Mayor introduces the issue. The applicant and staff are requesting this item be continued to the
December 9,2008 meeting.
Guerber moves to continue CPA-05-08/A-3-03/RZ-08-08 - Comprehensive Plan Map &
Text Amendment from Mixed Use and Professional Office to Commercial, Annexation and
Rezone with Pre-annexation/Development Agreement to the meeting of December 9, 2008.
Seconded by Huffaker. ALL AYES: MOTION CARRIES.....................
8. NEW BUSINESS:
A. Ordinance No. 613 - VOl!:t Property: 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; Establishing The Zoning
Classification Of Said Real Property Described Herein; Amending The Zoning Map Of The City
Of Eagle To Reflect Said Changes; Directing That Copies Of This Ordinance Be Filed As
Provided By Law; And Providing An Effective Date. (MJW)
Mayor introduces the issue. I have been told by staff that at this point in time the V ogt
property is not contiguous to the City the Eagle and therefore we cannot act on this issue.
Staff has asked that this be remanded back to staff.
So moved by Huffaker. Seconded by Guerber. ALL AYES: MOTION CARRIES............
B. Ordinance No. 615 - Ritchie Property (Spoons): An Ordinance Changing The Zoning
Classification Of The Real Property Described Herein From R-4 (Residential- Up To Four
Dwelling Units Per Acre) Classification To CBD-DA (Central Business District With
Development Agreement) Classification; Amending The Zoning Map Of The City Of Eagle To
Reflect Said Change; And Providing An Effective Date. (MJW)
Mayor introduces the issue.
Planner Williams, staff is requesting that this ordinance be approved.
Shoushtarian 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
Page 5
K\COUNCIL\MlNUTES\Temporary Minutes Work Area\CC-II-12-08min.doc
with, and that Ordinance #615 be considered after being read once by title only.
Shoushtarian reads Ordinance #615 by title only. Seconded by Guerber. ALL AYES:
MOTION CARRIES.................
Shoushtarian moves that Ordinance #615 be adopted. Seconded by Guerber.
Guerber: AYE; Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: ALL AYES:
MOTION CARRIES...................................
C. PD-OI-08 - Parcel Division - Julie Harrison: Julie Harrison and Janet Flaherty,
represented by Michael Harrison, are requesting approval of a parcel division for the creation of
two parcels. The 4.95 - acre site is located approximately 1319' north of W. Floating Feather
Road on the west side ofN. Meridian Road at 1651 and 1655 N. Meridian Road.
Mayor introduces the issue.
Planner Williams: Displays overheads and provides Council an overview of the application.
Mike Harrison, representing the applicants, we have no concerns with the conditions of approval.
Shoushtarian moves to approve 8C. PD-OI-08 - Parcel Division - Julie Harrison. Seconded
by Huffaker. ALL AYES: MOTION CARRIES...................
PRE-COUNCIL REPORTS:
Zoning Administrator Vaughn: Will any of you be going to the all day seminar tomorrow at BSU
it is called Making Connections? It is a transportation/land use seminar put on by Compass.
General discussion.
City Attorney Buxton: Discussion on the Detox Contract. The City of Meridian wants to add a
provision to have a ceiling as to the amount of money they would provide to the Detox Center,
not to exceed $.75 per citizen. I don't feel that this is necessary because you have a way to give
as much or as little as you want so I didn't want to create the formula. Think about how you feel
about this.
We have been working on the Terra View and Eisenberg Development Agreements. I will
request that you have another public hearing on Terra View's Development Agreement.
City Clerk/Treasurer Bergmann: We had our audit last week and it went very well. In January
the auditor will be before you to present two years fiscal audits.
Susan has already talked about the Red Flag program that we are going to be working on.
I am also talking with Paul Fitzer with Susan Office about major revisions to the Personnel
Manual.
Semanko: I gave you the Library Reports. They are excited about having a meeting to talking
about the RFQ for the Architect. Susan and Mike Echeita are going to be involved also. General
discussion.
The Operations Manager at the Sewer District reported that 54.13 M gallons of affluent were
pumped from Eagle to the Boise Waste Water Treatment plant in October. General discussion.
Guerber. Yesterday was Veterans Day in reorganization of the end of World War I. It went very
well. Eagle has one of the good celebrations because it involves several people, students, the
orchestra, the choir, a couple of students spoke, Ms. Huffaker spoke, the National Guard, a
speaker from California who talked about his experience in Vietnam.
Page 6
K\COUNCILIMINUTES\Temporary Minutes Work Area\CC-II-12-08min.doc
Tomorrow at 6:00 at Heritage Park a rally in support ofthe Eagle High Schools football team
will be held. Eagle is 10-0 playing Lewiston 10-0. The game is Thursday night.
Mayor: I am carrying on a military tradition, Friday night I will be sworn in as an Honorary
Base Commander at Mountain Home Ari Force Base for two years.
I have been attending lots of meetings, Early Childhood Education and etc. The AIC had both a
Mayor's meeting last Thursday and a Legislative meeting on Friday. There are a lot of issues
coming up before the Legislature on transportation, beer and wine tax, local option sales tax,
those are the big ones. There is a legislative breakfast on the I ih of December sponsored by the
Chamber.
Shoushtarian: The Senior Citizens invited Star seniors yesterday for Veterans Day. Seniors are
appreciative of everything the city does for them.
I want to thank Sharon for putting the information about the financial in our package also I have
a couple of small questions. Can we have a balance sheet for November I S\ I want to make sure I
have this information.
Sometime ago we talked about the starting time of Council meetings and I had soccer practice all
season and now we are off season so if you want to change it I am flexible.
I want to thank the openness and cooperation of the Mayor, Council and staff on the
Transparency Resolution. We are one step up and other cities around they can look at and take
steps from us_ I appreciate everyone working together on this.
Huffaker. The Eagle History Book will be out and published and the signing will be on the 22"d
at the Eagle Library. General discussion.
I attend the Veterans Day Celebration at the high school and it was excellent. I also attended the
celebration at the Eagle Middle School. They had the choirs, the orchestra, the band and the
swing dance team performing. They also had veterans from the Veterans Home attend. When
the Veterans were introduced the students cheered like they were at a rock concert. It is a great
thing in our city that we are having these kind of celebrations, we are teaching our young people
at a very young age to appreciate the sacrifice of our veterans and of those that are serving right
now. Both celebrations were very good.
I noticed in the Eagle Independent today there was an editorial speculating on whether or not we
were going to follow up on the recommendation of the Communications Task Force regarding
the infonnation officer. I guess we need to talk about this at one of your meetings. General
discussion.
9. ADJOURNMENT:
Huffaker moves to adjourn. Seconded by Guerber. ALL AYES: MOTION
CARRIES...
Hearing no further business, the Council meeting adjourned at 9:15 p.m.
Respectfully submitted:
>>~A-f'f2~
SHARON K. BERGMANN
CITY CLERK/TREASURER
................
.., 1:: It. GL '1,
",'" G ""n. Ii I,
",'" 0 ~ ........ "
.:> .\.. .. ~
.:> L-' ..e ot.^ T~ .. _ ~
..~. ~ .'?'.
= ..... <\\-~ \ ~
: U: 0 "" -: :
: : t.J ,. ~ -;. 0 :
.. h... y.... .
~ \ ,~.:~~~:::c =
~.. .. .. ~ ~A;,.. ~ $
~ ...~C'ORI'O~......-<:> ~
" ....... ~ '" ....
"" S/'A TC 0 .......
'" [.;. ,,"
Page 7 ""'11''''''
K:\COUNCILIMINUTES\Temporary Minutes Work Area\CC-II-12-08min.doc
APPROVED:
PHILLIP J. BANDY
MAYOR
A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT EAGLE
CITY HALL
Page 8
K:\COUNCILIMINUTES\Temporary Minutes Work Area\CC-II-12-08min.doc