Minutes - 2009 - City Council - 02/10/2009 - Regular
EAGLE CITY COUNCIL
Minutes
February 10, 2009
PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m.
Council President Huffaker: The Mayor left me a message that he will not be here for Pre-
Council and Mr. Shoushtarian is volunteering for the Special Olympics.
1. Zoning Administrator's Report regarding Idaho Power's proposed construction of
distribution lines along the east side of SH 55 extending from SH44 north to Hill Road (burial vs.
overhead). Staff and Blake Watson with Idaho Power will provide a presentation overview of the
project.
Zoning Administrator Vaughn and Blake Watson, Idaho Power, provides an overview ofthe
construction of distribution lines along the east side of SH55 extending from SH44 to Hill Road
and under ground burial. The question is if you want to pursue underground lines or if the
overhead lines are acceptable. Discussion on the need for capacity in the area. General
discussion.
2. Library Director's Report: Ron Baker, Library Director, we are optimistic about the
situation involving the Library Fund because the property tax for January brought us what we
expected to get and we are on target on our fund collections. All of the reimbursement payments
have been made for this year. The Library Board does not want to cut hours or staff until we can
reevaluate after the July collection. In line with the Mayor's concerns and requests the
Management Team has identified $23,000.00 that we put on hold, most ofthese capital
expenditures. Our Library Board reserve stands at $230,000.00. We are also looking at
withdrawing from the Lynxes Consortium. I am figuring on FY 09/1 0 a loss of $1 00,000 to
$130,000 in income for next fiscal year and this will mean a possible reduction in staff and book
collection. Discusses the 5 Year Strategic Plan. The Board is thinking of setting up a Committee
to consider a 2 year addendum plan to the 5 Year Strategic Plan. Reports on the adult and
children's programs. General discussion.
3. City Clerk/Treasurer Report:
City Clerk Bergmann: Discussion on Meeting Room Policy in regards to use by any political
organization for fundraising activities or commercial use. We rented the room to a group called
Treasure Valley Pachyderms and later found out it was a New Republican Club so we would
want clarification from the Council as to our policy.
Council Member Semanko explains that this club is a civic/social club and they are barred from
fund raising. This is a National Organization. It would be a good idea to make sure the club is
aware of the Meeting Room Policy. General discussion.
City Clerk Bergmann reports that the Budget discussion will be on the Council Agenda next
week. General discussion.
4. City Attorney Report: Reports on the meeting with ITD and several other interested parties
in regards to the access to the Saint AI's parcel and we came to the agreement that we would
send over all of the information the City utilized in regards to their application in 2003, that has
been sent to them and hopefully we set a meeting next week.
Reports on the TAP Legislation.
5. Mayor and Council Reports: Moved to the end of Agenda
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REGULAR COUNCIL AGENDA: 7:30 p.m.
1. CALL TO ORDER: Mayor Bandy calls the meeting to order at 7:40 p.m.
2. ROLL CALL: GUERBER, HUFFAKER, SHOUSHT ARIAN, SEMANKO. Shoushtarian
is present by telephone conference call. A quorum is present.
3. PLEDGE OF ALLEGIANCE: Nancy Merrill leads the Pledge of Allegiance.
4. PUBLIC COMMENT: Nancy Merrill, I want to thank you for the wonderful event that
happened for the Special Olympics. Our community hosted 130 athletes. Our community was
the only community that the Mayor personally welcomed and greeted the athletes.
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 A!!ainst the City.
B. Resolution 09-05: A Resolution Of The City Of Eagle, Idaho, A Municipal
Corporation Of The State OfIdaho; Amending The Policy For The
Classification And Retention Of Certain Public Records Under Planning &
Zoning Records And Public Works & Engineering Records; And Providing This
Resolution To Be Effective Upon It Passage And Approval. (SKB)
C. Resolution 09-06: Declaration of surplus property. (SKB)
D. Resolution 09-07: Authorizing the destruction of residential building plans.
(MM)
E. Findin!!s of Fact and Conclusions of Law for 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 of four (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)
F. Minutes of Januarv 27. 2009.
Semanko removes Items #5E and F from the Consent Agenda.
Mayor: I would entertain a motion for the remainder of the Consent Agenda.
So moved by Guerber and Seconded by Huffaker. Guerber: AYE; Huffaker: AYE;
Shoushtarian: AYE; Semanko: AYE: ALL AYES: MOTION CARRIES..............
5E. Findin!!s of Fact and Conclusions of Law for PP/FP-02-08 - Arts West Subdivision No.
2 - Ea!!le Island Crossin!!. LLC:
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Mayor introduces the issue.
Semanko: after reviewing the Findings of Fact and Conclusions of Law and the minutes from
the meeting I'm concerned about them being consistent. With regard to E on Page 17 there
was a word missing in testimony, no should be no one. It is clear that motion and approval
was to approve the request with site specific and general conditions proposed by staff but in
the minutes it is less than clear. My motion was to approve it with the conditions
recommended by staff. The Findings of Fact and Conclusions of Law are correct but I'm not
sure it is correct in the minutes. General discussion. Corrections will be made.
Semanko moves to approve Findings of Fact and Conclusions of Law for PP/FP-02-08 -
Arts West Subdivision No.2 - Eagle Island Crossing, LLC. Seconded by Guerber.
Discussion. ALL AYES: MOTION CARRIES.................
SF. Minutes of Januarv 27. 2009.
Mayor introduces the issue.
Semanko moves to approve with the correction on page 3 that Semanko's motion
include the Specific and Standards Conditions of Approval mentioned by Council
Member Guerber and striking the also includes Council Members Huffaker's language
as long as it is the same as we did in this other matter. Seconded by Guerber. ALL
AYES: MOTION CARRIES..............
6. UNFINISHED BUSINESS: None
7. PUBLIC HEARINGS:
A. A-07-07/RZ-09-07/PP-ll-07 - Stillwater Business Park - Tri Cedars Mana!!ement Co.
LLC: Tri Cedars Management Co. LLC, represented by Ron Bath, is requesting annexation and
rezone from RUT (Rural Urban Transition), PS-DA (Public/Semi-public with a development
agreement) and A-R (Agricultural Residential) to BP-DA (Business Park with a development
agreement) and preliminary plat approval for Stillwater Business Park, a 16-10t (I3-buildable, 3-
common) commercial development. The 30.38-acre site is located approximately 1,300 feet west
of W. Ballantyne Road on the south side of W. State Street (SH 44) at 2505 W. State Street (SH
44). (WEV)
Mayor introduces the issue.
Ron Bath, 1065 E. Winding Creek Drive, provides an overview of the application for the
Council. General Discussion.
Planner Vanegas: Displays overheads and provides Council an overview of the application.
General discussion.
Council Member Shoushtarian's conference call has ended.
Further Council discussion.
Mayor opens the Public Hearing
Patricia Kub, 2603 State Street, we live next door, growth is going to happen. I think it would be
really great if someone would look at this corridor really carefully. What is being called the 100
Flood Plain in part of this area is under water every spring. Discussion on a possible proposed
roadway. Discussion on the dirt that would need to be brought in for a business park. We have a
well that is 20' deep. We have a lot of bird life in the area. I am not really opposed to the
project, I just have these concerns. The dirt brought in would change the flow of the river.
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General discussion.
Ron Bath, I'm a little surprised by the irrigation issue. Last year the owner's of the property
spent quite a lot of money to provide them irrigation. (see tape) General discussion.
Mayor closes the Public Hearing
General Council discussion.
Huffaker moves to approve A-07-07/RZ-09-07/PP-ll-07 - Stillwater Business Park with the
various changes that we have discussed, the renumbering of Development Agreement so it
is accurate, the addition of Paragraph 3.26 which P and Z recommended, the addition of
the 2' berm with the 6' vinyl fence as buffering between this property and the Kub's
property, the Standard Condition of Encroachment. Seconded by Semanko. Discussion.
ALL AYES: MOTION CARRIES............
B. ZOA-02-08 - Zonin!! Ordinance Amendment: An Ordinance Of The City Of Eagle, Ada
County Idaho Amending Certain Sections Of Eagle City Code Title 8 "Zoning", Chapter 2A
"Design Review Overlay District"; Providing A Severability Clause; And Providing An Effective
Date. This item was continued/rom January 13, 2009 meeting. (WEV)
Mayor introduces the issue.
Zoning Administrator Vaughn: provides Council an overview of the draft ordinance. General
discussion. '
Mayor opens the Public Hearing
Mayor closes the Public Hearing
Zoning Administrator Vaughn: we will bring you a final readable ordinance at your next
meeting. General discussion.
Guerber moves pursuant
This reading tonight be considered the first two readings of
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 this reading tonight be considered the first two readings of Ordinance #618.
Guerber reads Ordinance #618 by title only. Seconded by Semanko. ALL AYES:
MOTION CARRIES.................
Guerber: I move that Ordinance #618be included on the next agenda Seconded by
Huffaker. ALL AYES: MOTION CARRIES.......................
8. NEW BUSINESS:
A. Ordinance No. 609 - Harrison 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; 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.
Zoning Administrator Vaughn: I ask that you adopt this ordinance. General discussion.
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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 #609 be considered after being read once by title only. Guerber
reads Ordinance #609 by title only. Seconded by Semanko. ALL AYES: MOTION
CARRIES.............. ...
Guerber moves that Ordinance #609 be adopted. Seconded by Semanko. Guerber: AYE;
Huffaker: AYE; Semanko: AYE: ALL AYES: MOTION CARRIES.....................
B. Inspection A!!reement between Idaho Division of Buildin!! Safety and City of Ea!!le:
(MM)
Mayor introduces the issue. Our Electrical Inspector resigned recently and we are proposing to
have the Idaho Division of Building Safety do our electrical inspections. General discussion.
Guerber moves to approve the Inspection Agreement between Idaho Division of Building
Safety and City of Eagle in providing inspections for electrical needs within the City.
Seconded by Huffaker. Guerber: AYE; Huffaker: AYE; Semanko: AYE: ALL AYES:
MOTION CARRIES.....................
PRE-COUNCIL REPORTS:
Mayor and Council Reports:
Mayor: No report.
Guerber: I thought your report was excellent and that it went very well.
Semanko: During the Pre-Council we discussed having a Budget Review next week and that it
should be very substantial.
Huffaker: I agree with Norm's comments and also Steve's comments on the report. I thought it
went very well.
9. EXECUTIVE SESSION:
A. Personnel Matters: I.C. S6723-45(a, b) [SEB]
Mayor introduces the issue.
Guerber moves to go into Executive Session to discuss Personnel Matters, I.C. ~6723-45(a,
b). Seconded by Huffaker. Guerber: AYE; Huffaker: AYE; Semanko: AYE: ALL AYES:
MOTION CARRIES...................................
Council goes into Executive Session at 9: 15 p.m. to discuss personnel matters.
Council discusses personnel matters.
Council leaves Executive Session at 9:25 p.m.
10. ADJOURNMENT:
moves to adjourn. Seconded by Huffaker. ALL AYES: MOTION CARRIES...
Hearing no further business, the Council meeting adjou~t1';;t~~~~.f'IW.
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CITY CLERK/TREASURER
A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT EAGLE
CITY HALL
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The 2009 Eagle Garden Series is brought to you by
the City of Eagle, the City of Eagle Arborist's Office,
and Eagle Public Library.
Be sure to enter the drawings for free door prizes
to be given away at each program! These
include gift certificates to Summer Lawns
Nursery, a 6 to 8 foot Layered Hoopsii
Colorado Spruce, and an 8 foot Golden
Deodora Cedar. A big thank you to Summer
Lawns Nursery for their generous support
of the Eagle Garden Series!
All programs will be held at Eagle Public Library
100 N. Stierman Way
Eagle, Idaho 83616
939-6814 Ext. 3 for more information.
www.eaglepubliclibrary.org
rc 2 io -09
Eagle qarcfenSeries
Spring 2009
Landscape and gardening experts
bring you the information you need
for successful home gardening.
Eagle Public Library
100 N. Stierman Way
Eagle, Idaho 83616
208-939-6814
www.eaglepubliclibrary.org
Welcome to the Spring 2009 Eagle Gardening Series to be held in the
Community Room at Eagle Public Library. Local landscape and garden
experts will provide a wealth of information on a variety of topics of
interest to the home gardener. No pre -registration in necessary.
461
*I*
vidOr
iw
MARCH 4 - 6:30 P.M.
GROWING VEGETABLES: FPS EASIER THAN YOU THINKI
Juan Morales, BS agriculture, horticulturalist, and nurseryman, shows how to grow
and manage your vegetables the ORGANIC way. Learn to properly prepare your
soil, promote beneficial insects, control pests, and brew organic compost tea.
MARCH 11 - 6:30 P.M.
TABLE GRAPES MADE EASY
Ross Hadfield, Advanced Master Gardener and horticulturalist, will discuss which
grapes grow well in Eagle and when and how to plant them.
MARCH 18 - 6:30 P.M.
FRUIT TREE GROWING DEMYSTIFIED
Dwight Allen, Certified Arborist, Advanced Master Gardener, and Master
Composter, shows you the basics of growing your own fruit trees. You will learn
what will grow in Eagle, how to select treees, and how to prune for fruit production.
MARCH 25 - 6:30 P.M.
TREE PLANTING FOR DUMMIES
Julie Lafferty, Certified Arborist and Advanced Master Gardener, discusses the basics
of planting trees, from selection to getting the tree in the ground. Learn the
common pitfalls of tree planting and how to extend the life of your investment.
APRIL 1 - 6:30 P.M.
BARBER OF BUTCHER? TREATING TREES WITH KINDNESS UNDER
THE KNIFE
Julie Lafferty, Certified Arborist and Advanced Master Gardener, discusses pruning
basics and asks the burning question: "What's the big deal about pruning?" Find out
why pruning is more important than you think.
APRIL 8 - 6:30 P.M.
GETTING THE MOST BANG FOR YOUR BUCK: HOW TO REALLY
SHOP AT A NURSERY
Juan Morales, BS Agriculture, horticulturalist, and nurseryman, teaches the average
homeowner how to select quality material at any nursery. Topics covered include
budget buys, name brand plants and accessories, acclimated versus imported plants,
and other potential issues.
APRIL 15 - 6:30 P.M.
BERRIES FOR THE HORIZONTALLY CHALLENGED: GROWING
UPWARDS WITH RASPBERRIES AND BLACKBERRIES
Ross Hadfield, Advanced Master Gardener and horticulturalist show homeowners
with limited yard space how to grow abundent berries in vertical spaces.
APRIL 22 - 6:30 P.M.
COMMUNITY GARDENING: CONNECTING PEOPLE AND
PROVIDING FOOD FOR FAMILIES
Millie Miles, Advanced Master Gardener, explains what community gardens are and
how to create one in your community.
APRIL 29 - 6:30 P.M.
WATER EFFICIENT GARDENING
Susan Bell, UI Horticulturalist, discusses the principles of low-water gardening and
how to achieve it without compromising aesthetics or quality.
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP
A-07-07/RZ-09-07/PP-11-07 - Stillwater Business Park - Tri Cedars Manaeement Co. LLC
February 10, 2009
NAME
lk la—
' CI 15AAPIA.
ADDRESS
(O3 S -E ; ` -
TESTIFY PRO/ CON or
YES/NO NEUTRAL
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EAGLE CITY COUNCIL
PUBLIC HEARING SIGNUP
ZOA-02-08 - Zoning Ordinance Amendment
February 10, 2009
TESTIFY PRO/ CON or
NAME ADDRESS YES/NO NEUTRAL
Eagle City Hall
Meeting Room Use Policy
660 E. Civic Lane
Eagle, Idaho 83616
The City of Eagle will make Meeting Rooms available to the public as set forth by this policy:
The meetings rooms are available, for a fee, for use by the public subject to the following
regulations.
1. The meeting rooms are available for use Monday thru Friday. The building must be vacated
by 10:00 p.m. No exceptions.
2. Municipal meetings and municipally sponsored activities have priority. In the case of
emergency municipal meetings, individuals having reservations shall be given a minimum of 24 -
hours notice of the cancellation of their reservation and all fees will be refunded.
3. The meeting room may be used by non-profit organizations of an educational, cultural, civic
or charitable nature. Reservation fees will be waived for youth groups and school groups, but a
cleaning fee will still be required if food is served. (Organizations comprised of minors must
book the room via an adult, who must sign the reservation form and remain present throughout
meetings.) Developers that are required to hold neighborhood meetings may reserve the meeting
rooms (reservation fees are applicable). Other uses may be approved by the Mayor, City Council
and Department Heads.
4. If City sponsored for-profit events are held, a portion of the proceeds must be dedicated to the
event sponsor of the City, and reservation fees are to be collected from the organization.
5. Reservations may be made up to three months in advance and organizations are encouraged to
make reservations as soon as possible. The reservation process includes the completion of an
application form and payment of fees. No organization may book the room for more than one
event per month. The City allows recurring bookings (i.e., on the same day and time) up to three
months in advance.
6. No booking organization, except for those appointed by the City Council, may charge
admission, sell products, take donations, or solicit funds on the City Hall site. No use may be
made of the room for private or family events, including receptions, birthdays, weddings,
retirement parties, or memorial services. The meeting rooms cannot be used by any political
organization for fundraising activities or commercial use.
7. No smoking, alcoholic beverages, guns, weapons, flammable, toxic, hazardous materials or
illegal substances are allowed on premises. Failure by the booking organization or its individual
members to obey any city employee or representative regarding issues of policy or public safety
will result in suspension of booking privileges.
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8. Booking organizations not affiliated with the City are prohibited from issuing publicity for
any meeting that states or implies City sponsorship. Neither the name nor the address of the
Eagle City Hall may be used as the official address/headquarters for any organization.
9. Meeting room equipment and facilities are the responsibility of the person named on the
reservation as "Contact."
a. Each group is responsible for cleaning up and putting away tables and chairs.
b. The meeting room must be cleared of all items such as boxes, brochures,
projectors, displays, etc. at the end of the meeting;
c. No materials may be tacked, glued, stapled, or taped to walls, doors, or windows of
the room;
10. In consideration for the use of the meeting room, users agree to:
a. Pay for all damages to any property of the City of Eagle resulting directly or
indirectly from the conduct of any member, officer, employee, agent, or guest of the
group;
b. Hold harmless the City of Eagle from and against any and all liability which may
be imposed upon them or either of them for any injury to persons or property
caused by the organization or any person connected with the meeting.
11. The City of Eagle assumes no responsibility whatsoever for any property placed in the
meeting rooms in connection with a meeting; and the City of Eagle is hereby expressly released
and discharged from any and all liability for any loss, injury or damage to persons or property
which may be sustained by reason of a meeting.
12. If the event requires that the Council dais be removed, fees will be accessed to cover the
staff time and labor required for the removal and return of the equipment.
13. Refunds will be made only if the reservation is cancelled at least 48 -hours prior to the
scheduled use.
14. This policy is subject to amendment at any time by the Eagle City Council.
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EAGLE CITY COUNCIL
PUBLIC HEARING SIGNUP
A public hearing for consideration of an amendment to the 2008/2009 fiscal year budget by
appropriating additional monies received by the City of Eagle, General Fund: Proposed
Revenue - $500,000.00 Proposed Expenditures - $500,000.00. Ordinance No. 620:
February 17, 2009
NAME
Sii-C4( 14. . StCt A i
Xi\k
ADDRESS
TESTIFY PRO/ CON or
YES/NO NEUTRAL
946 s 1027 g?yd No cox
c w\ lore