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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 Page I K:\COUNCILIMINUTES\Temporary Minutes Work Area\CC-02-1O-09min.doc 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: Page 2 K\COUNCILIMINUTES\Temporary Minutes Work Area\CC-02-IO-09min.doc 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. Page 3 K:\COUNCILIMINUTES\Temporary Minutes Work Area\CC-02-IO-09min.doc 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. Page 4 K:\COUNCILIMINUTES\Temporary Minutes Work Area\CC-02-10-09min.doc 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. ",,,,'C;I.:- " " ~r ....... * '... Respectfully submitted: I ~ .... ~ l' E.... \ - O. ~ · O~ ~ = l 0 ~.. ~ v~ :;>...~ , "-.)'!.T.%: ~ .A..-< 0 " ~ :: E-<: 0: . ~y 0: < : - · ..... 0 , L~.\ 1::. Q .. SHAR N K. BERGMANN ~ u... v ~~ ~T':",,: ~ e. ~ ~o.. ~ ~ ~ .. INCO~.. 0 ~ '" * ........ ~ .l' " S T ,.. ~ " " l'" Page 5 I'I. "", K:\COUNCILIMINUTES\Temporary Minutes Work Area\CC-02-IO-~~"'ft,I,Mc' CITY CLERK/TREASURER A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT EAGLE CITY HALL Page 6 K:\COUNCILIMINUTES\Temporary Minutes Work Area\CC-02-IO-09min.doc 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 ��C 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. Page 1 of 2 K.1Clerks\Forms\applications\meetmg room rental policy.doc 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. Page 2 of 2 K:1Clerks\Formslapplicationslmeeting room rental policy.doc 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