Minutes - 2009 - City Council - 03/10/2009 - Regular
EAGLE CITY COUNCIL
Minutes
March 10,2009
PRE-COUNCIL AGENDA: 6:30 D.m. - 7:30 D.m.
1. Library Director's Report: Ron Baker, Library Director, reports on a meeting that was held
with the City of Boise and other valley librarians on the Boise City reimbursements. We have
had three meetings and Boise is looking for a household reimbursement at this time. Discussion
on how the household reimbursement works. This would give us about $55,000.00 for a
reimbursement but if the property tax collection in July is lower then we will not receive a
reimbursement. This year we received $89,000 from Boise to serve their patrons. At this point
for budgeting purpose I do not want to include the $55,000 payment from Boise in the FY0911 0
Library budget. General discussion.
Sharon and I are jointly working on revenue and expenditure projections for next fiscal year's
budget.
2. City Clerk/Treasurer Report: No report
3. Zoning Administrator's Report: No report
4. City Attorney Report: The reports that I have would be in Executive Session on two pieces of
litigation. We could move the Executive up if you would like.
5. Mayor and Council Reports:
Shoushtarian: I had a meeting with the Senior Citizens today and they also talked to Sharon
today. They want to be on a Pre-Council Agenda to talk about the parking lot. General
discussion.
Semanko: I attended the Eagle Sewer District Meeting last night. We received an update on the
Palmer road lift station and also on the waste water head works facility and they also discussed
the House Bill #201 in the Idaho Legislature that deals with the consolidating elections. This is a
Bill that has already passed the House and all of the political subdivisions are all affected in one
way or another by this Bill. This Bill requires the County to hold all elections, even City
elections.
Eagle Library Board met last night and had a discussion about the Budget, as Ron has reported.
You have the statistics and they keep going up. More and more people are using the Library.
General discussion on the election consolidation bill.
Huffaker: I attended three meetings in the last couple of weeks, the Chambers Government
Relations Committee, Chambers Downtown Feasibility Committee and the Urban Renewal
Agency. These three different bodies are all concerned about the same thing, trying to develop
the downtown particularly the four corners. Everybody is frustrating because they don't have
any money to do anything. Discusses the Urban Renewal Agency meeting.
REGULAR COUNCIL AGENDA:
1. CALL TO ORDER: Mayor Bandy calls the meeting to order at 7:35 p.m.
2. ROLL CALL: HUFFAKER, SHOUSHT ARIAN, SEMANKO. All present. A quorum is
present.
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3. PLEDGE OF ALLEGIANCE: Troop #718 leads the Pledge of Allegiance.
Mayor: There has been a lot of concern about the process of the City Council Candidates and the
disclosure of names. The initial review ofthe Public Records Law leads me to believe that
names were not to be disclosed. However, there is another section of the Code that specifically
addresses applicants and unfortunately local government falls under the umbrella of the Idaho
State Code and those two codes sometimes are at odds. After further legal review by Susan and
her staff, said that it appears as though we can make the names available. What I am going to do
tomorrow is to make the names available of all the individuals that applied or submitted
application materials so that we can move forward. I just want to let the media know that I will
put the names out tomorrow in a Press Release.
4. PUBLIC COMMENT: Terri Bath, when we started talking about ESTech we discussed
having a resolution passed by the City of Eagle and the City of Star. I have given a copy to the
City Attorney and the Clerk and I will provide Council a copy and you can do with it what you
want, change or whatever. This is the last piece that I was to bring to the Council.
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. Beer and Wine aoolication: Rachel Knickrehm is requesting an alcohol license
for the sale of beer and wine for on premises consumption for Rachel K's Bistro.
(SKB)
C. DR-84-08 - One Multi-Panel Monument Sien for Eaele River Develooment-
RSM Investments. Inc.: RSM Investments, Inc., represented by Susan Bosworth
with Young Electric Sign Company, is requesting design review approval to
construct a monument sign for the Eagle River Development. The sign will be
located on the east side of Eagle Road approximately 370-feet north ofSH 44.
(WEV)
D. DR-85-08 - One Multi-Panel Monument Sien for Eaele River Develooment _
RSM Investments. Inc.: RSM Investments, Inc., represented by Susan Bosworth
with Young Electric Sign Company, is requesting design review approval to
construct a monument sign for the Eagle River Development. The sign will be
located on the east side of Eagle Road approximately 750-feet north ofSH 44.
(WEV)
E. Minutes of Februarv 10.2009.
F. Minutes of Februarv 17.2009.
G. Minutes of Februarv 24. 2009.
H. Re-aooointment to Park and Pathway Develooment Committee: Mayor
Bandy is requesting Council confirmation of the re-appointment of Rich Talbert and
Anne Alenskis. They will each serve a three year term. (PB)
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I. Appointment to the Park and Pathway Development Committee: Mayor
Bandy is requesting Council confirmation of the appointment of Nancy Merrill to fill
a vacant position on the Committee. Mrs. Merrill will serve a two year term. (PB)
J. Appointment to the Plan nine and Zonine Commission: Mayor Bandy is
requesting Council confirmation of the appointment of Victor Villegas to fill a
vacated position on the Commission. Mr. Villegas' term will expire in February of
2010. (PB)
K. Arbor Day Proclamation: A proclamation declaring April 24th as Arbor Day in
the City of Eagle. (PB)
Semanko: I do not want to pull anything but a couple of clarifications. In talking with Mr.
Vaughan before the meeting started, Item C and D both of those signs are actually South of State
Highway 55 not north and this has been revised.
The other thing, I'm not going to ask for a vote or a separate consideration on the Park and
Pathway Development Committee but I would like to have a discussion sometime about where
we are at with this Committee. I would also like a discussion on all of our committees. General
discussion.
Shoushtarian removes Item #5E, #5G and #5J from the Consent Agenda.
Mayor: I would entertain a motion to approve the remainder of the Consent Agenda.
So moved by Huffaker. Seconded by Semanko. Huffaker: AYE; Shoushtarian: AYE;
Semanko: AYE: ALL AYES: MOTION CARRIES..............
5E. Minutes of Februarv 10.2009.
Shoushtarian: Minutes of February 10,2009. In the first paragraph ofthe February 10,2009
Minutes I would like it to state that Mr. Shoushtarian is volunteering for the Special Olympics.
General discussion.
Shoushtarian moves to approve the Minutes of February 10,2009 as amended. Seconded
by Huffaker. ALL AYES: MOTION CARRIES....................
5G. Minutes of Februarv 24. 2009.
Shoushtarian: On Page 3 of the February 24,2009 minutes I would like it to state that I brought
a proposal to the Council. General discussion.
Semanko: I don't have a problem with this change as long it actually states what happened that
Council Member Shoushtarian presented some proposed budget cuts to the Council and this was
not discussed by the Council.
Shoushtarian moves approve the Minutes of February 24, 2009 with the changes discussed.
Seconded by Huffaker. ALL AYES: MOTION CARRIES.............
5J. Appointment to the Plan nine and Zonine Commission: Mayor Bandy is requesting
Council confirmation of the appointment of Victor Villegas to fill a vacated position on the
Commission. Mr. Villegas' term will expire in February of2010. (PB)
Shoushtarian: I am concerned to know who the applicants are and I would like to take a look at
the resumes and possibly have the Council interview with them. I would like to discuss this with
the Council and Mayor.
General discussion.
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Mayor: We had three individuals that applied and the Chairman of the Planning and Zoning
Commission and I interviewed all three of the individuals and we came to the same conclusion
that Victor Villegas was the most appropriate candidate. General discussion.
Semanko moves to approve Victor Villegas to serve the term on the Planning and Zoning
Commission that will expire in February 2010. Seconded by Huffaker. Discussion. TWO
AYES: SHOUSHTARIAN: NAY: MOTION CARRIES................
6. UNFINISHED BUSINESS: None
7. PUBLIC HEARINGS:
A. A-06-08/RZ-12-08 - Annexation and Rezone From RUT (Rural- Urban Transition-
Ada County desienation) to A-R-DA (Aericultural- Residential with a Development
Aereement) Abundant Life Baptist Church:Abundant Life Baptist Church, represented by Jim
Main with Design West Architects, is requesting approval of an annexation and rezone from
RUT (Rural- Urban Transition - Ada County designation) to A-R-DA (Agricultural-
Residential- up to one (1) dwelling unit per five (5) acres with a development agreement) to
facilitate the construction ofa church facility. The 5.78 acre site is generally located
approximately 1,000 feet east of North Park Lane on the south side of West Floating Feather
Road at 3633 West Floating Feather Road. (MJW)
Mayor introduces the issue.
Mathew Adams, The Land Group, I am here representing the Abundant Life Baptist Church, I
would like to thank Mike Williams for his hard work on this application and state that we agree
with his report that he has submitted to you. Displays overheads and provides Council an
overview of the application. General discussion.
Jim May, discusses the time frame the Church has in completing the improvements. General
discussion.
Planner Williams, displays overheads and provides Council an overview of the application.
General discussion.
General Council discussion.
Mayor opens the Public Hearing
Nancy Bowmer, 3709 Floating Feather, my concerns are the irrigation which I get from the
Church property and my other concern is also the amphitheater especially if it is in the open.
General discussion.
Mathew Adams, we will work with the irrigation district and continue to perpetuate any water
that is provided on the site and we will work with neighbors to maintain those flows.
Mayor closes the Public Hearing
General Council discussion.
Huffaker moves to approve Item 7 A. with the changes that were suggested by Councilman
Semanko, Paragraph 3.6 adding under the list of encroachments tress and drainage
discharges and under the list of companies in that same paragraph, add Drainage Districts,
and also include the clause regarding not impeding the water to flow to the down grading
property and some type of language that we used with Fred Meyers not to violate the City
Noise Ordinance. Seconded by Semanko. Discussion. ALL AYES: MOTION
CARRIES.... ... ... ... ......
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8. NEW BUSINESS:
A. Ordinance No. 621: 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 MU-DA (Mixed Use 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: This ordinance is for the Terra View Development. General
discussion.
Huffaker: For the record I will be voting on this with the understanding that essential we are
doing an administrative act of approving the annexation and rezone and note that I did vote
against the Development Agreement and the concept plan that was part of the Development
Agreement and that my feelings regarding the Development Agreement remains the same.
General discussion.
Semanko 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 #621 be considered after being read once by title only with the
changes that have been discussed in Section 3. Semanko reads Ordinance #621 by title
only. Seconded by Huffaker. Discussion. TWO AYES: SHOUSHTARIAN:
NAY:MOTION CARRIES.................
City Attorney reads the Ordinance by title only.
Semanko moves that Ordinance #621 be adopted as amended in Section 3. Seconded by
Huffaker. Huffaker: AYE; Shoushtarian: NAY; Semanko: AYE: ALL AYES: MOTION
CARRIES................. .
General discussion.
B. Proposed Clean Indoor Air/ AKA Smoke Free ordinance - City of Eaele.: An ordinance
of the City of Eagle, Ada County, Idaho, amending Eagle City Code Title 4 "Public Health and
Safety", adding Chapter 11 "Clean Indoor Air", providing a severability clause, and providing an
effective date. (PB)
Mayor introduces the issue. We had a presentation some time ago from some people here in the
valley trying to work with cities throughout the Valley trying to pass an ordinance to prohibit
smoking within restaurants and other facilities. What we are looking for this evening is that if
Council has any suggestions or recommendations in language changes that you provide those so
we can go back and make the changes and have a legal review and then bring this forward to a
meeting.
General discussion.
Mayor: I will provide this information to the public so they can comment on the ordinance at the
March 24th meeting.
Further discussion on Item #8A.
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Shoushtarian: Discusses the Special Meeting scheduled on March 16, 2008 at City Hall. I need
to get information before the meeting or Ijust may not be able to make the meeting. I need the
facts and the information before the meeting.
General discussion.
Shoushtarian: I am putting my application in for a Member of the Urban Renewal Agency.
Distributes a copy of his letter to the Urban Renewal Agency.
Mayor: I have asked staff to draft an Ordinance to amend our meetings if Council agrees. This
would move the meetings to two meetings a month from three meetings a month. General
discussion.
9. EXECUTIVE SESSION:
A. Pendine or Threatened Iitieation: S67-2345(t)
Mayor introduces the issue.
City Attorney: The Executive Session is for pending litigation in the Charney and Pooley
matters.
Shoushtarian moves to go into Executive Session for discussion on Pending or Threatened
litigation in Charney v Eagle and Pooley v. Eagle, Idaho Code 67-2345(1) Seconded by
Huffaker. Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: ALL AYES: MOTION
CARRIES. ... ....... ... ....
Council goes into Executive Session at 9:05 p.m.
Council discusses pending or threatened litigation in regards to the Pooley and Charney
litigation.
Council leaves Executive Session at 9:50 p.m.
Semanko moves that in the Charney case that Counsel be instructed to reject the offer that
has been made and to communicate to the attorney for the other side, Mr. Deaton, that she
is providing authority for Council President Huffaker to discuss with the other side
potential counteroffers in the case to bring back to the Council and the Mayor.
Seconded by Shoushtarian. ALL AYES: MOTION CARRIES..............
10. ADJOURNMENT:
Huffaker moyes to adjourn. Seconded by Shoushtarian. ALL AYES: MOTION
CARRIES.................... ..
Hearing no further business, the Council meeting adjourned at 9:50 p.m.
Respectfully submitted:
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SHARONK.BERGMANN
CITY CLERK/TREASURER
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PHI LIP J. BANDY
MA YOR
A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT EAGLE
CITY HALL
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Al Shoushtarian
1119 N. Eagle Road
Eagle, Idaho 83616
March 04, 2009
Dear Chairman Arial, Mayor Bandy, and Council,
I understand that after resignation of member Dahaas from Eagle Urban Renewal
Agency, there is a vacancy for a new member to URA.
The Agency has important roles and responsibilities as they will be involve with
reallocating property taxes and moving them toward improving our City.
I have been Council liaison to Eagle Urban Renewal Agency for the past several months.
As a City Planner and Council member it would be an honor to serve as a new member to
the Agency for the interests of our community.
Sincerely,
4/441-64IVCes— •
Al Shoushtarian
City Council member
EAGLE CITY COUNCIL
PUBLIC HEARING SIGNUP
A-06-08/RZ-12-08 — Annexation and Rezone From RUT (Rural — Urban Transition — Ada
County designation) to A -R -DA (Agricultural — Residential with a Development
Agreement) Abundant Life Baptist Church,
March 10, 2009
RESOLUTION (Number to be assigned before Council Meeting)
RESOLUTION OF THE CITY OF EAGLE RECOGNIZING AND SUPPORTING THE
ESTABLISHMENT AND GOALS OF THE "EAGLE STAR TECHNICAL (ESTECH)
CORRIDOR"; AND PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
Whereas, the adopted City Impact Areas of the City of Eagle and the City of Star are
continuous;
Whereas, based upon current City Impact Area boundaries and current City of Eagle and City
of Star Comprehensive Planning documents both Cities will continue to expand toward each other until
they are contiguous;
Whereas, the Eagle Chamber of Commerce and Star Chamber of Commerce have been
working jointly to support the development of the "Eagle Star Technical (ESTech) Corridor" currently
planned to span across portions of the anticipated ultimate build out areas of both the City of Eagle and
City of Star;
Whereas, the ESTech Corridor Mission Statement currently states, "The ESTech Corridor's
mission is to attract world-class, technology-based companies into the region, improve each respective
companies' competitiveness and skills base, and make the area more attractive to future companies,
residents, workers, investors, and developers. The Corridor's primary goal is to help to vitalize the
regional economy, which will spill over to a stronger and more robust economy for the State of
Idaho—and, ultimately, the nation."
Whereas, the ESTech Corridor Vision Statement currently states, "The ESTech Corridor will
become a unique, internationally -renown center of innovation by attracting and encouraging the most
powerful, technology-based businesses, worldwide, to relocate to the region."
Whereas, the ESTech Corridor is currently planned to be within the following boundaries:
• Ada County/Canyon County boundary line to the west;
• Ada County/Gem County line road to the north;
• Chinden Boulevard to the south; and
• Five Mile Road Extended to the North/South section of Highway 55, to the east.
Whereas, the City of Eagle believes it to be in the best interest of the welfare of the property
owners as well as citizens throughout the City of Eagle and its Impact Area to work jointly with the
City of Star, Eagle Chamber of Commerce and Star Chamber of Commerce to support the ESTech
Corridor, through its Board of Directors, to advance their Mission and Vision.
THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
EAGLE, IDAHO, as follows:
Section 1: The City of Eagle will work jointly with the City of Star, Eagle Chamber of
Commerce and Star Chamber of Commerce to support the ESTech Corridor, through its Board of
Directors, to advance their Mission and Vision.
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Section 2: The City of Eagle will work directly with ESTech Corridor, through its Board of
Directors, to advance their Mission and Vision.
Section 3: The City of Eagle supports the currently planned ESTech Corridor to be within the
following boundaries, (or as may be amended with City of Eagle consent in the future):
• Ada County/Canyon County boundary line to the west;
• Ada County/Gem County line road to the north;
• Chinden Boulevard to the south; and
• Five Mile Road Extended to the North/South section of Highway 55, to the east.
Section 4: The City of Eagle agrees to amend and adopt planning documents, ordinances,
and/or any other policy documents which the City may deem necessary to support the ESTech
Corridor.
Section 5: The provisions of this resolution are hereby declared to be severable and if any
provision of this act or the application of such provision to any person or circumstance is declared
invalid for any reason, such declaration shall not affect the validity of remaining portions of this
ordinance.
Section 6: This resolution shall take effect and be in force from and after its passage, approval,
and publication as required by law. In lieu of publication of the entire resolution, a summary thereof in
compliance with Section 50-901A, Idaho Code, may be published.
Approved and adopted this day of , 2009.
Mayor Phil Bandy
ATTEST:
Sharon Bergman, Eagle City Clerk
STATE OF IDAHO
County of Ada
)
: ss.
)
On this day of , 2009, before me, the undersigned, a Notary Public in and for said
State, personally appeared PHIL BANDY AND SHARON BERGMAN, known to me to be the
MAYOR and CITY CLERK of said municipal corporation that executed this instrument and the
persons who executed the said instrument on behalf of said corporation, and acknowledged to me that
such corporation executed the same.
In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first
written.
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Tracy Osborn, Notary Public
Residing:
My Commission Expires:
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