Minutes - 2009 - City Council - 04/14/2009 - Regular
EAGLE CITY COUNCIL
Minutes
April 14, 2009
PRE-COUNCIL AGENDA: 5:30 p.m. - 6:30 p.m.
I. Ada County Assessor's Office Report: Bob McQuade, Ada County Assessor, I'm not
prepared to give you the assessment briefing r provide to you in May, that is probably three
weeks away. r am here to answer any questions that you may have. We are in unchartered
waters; I have never seen anything like this. People can see their values go down and still see an
increase in their property taxes. I just have control over the assessed value. We are seeing
values go down all over the County by areas. County wide we are looking at a medium decrease
of 10%. I feel confident that our 10% is close. In Eagle we have a 9% decrease in residential
property over last year. Land is off up to 30%. This year Eagle's new construction value is
$119M this year in new construction value. You can probably see the levy rate go up. Next
week will start scheduling our presentations in May. General discussion.
2. Library Director's Report: Ron Baker, Library Director, presents the monthly report to the
Council. Discusses the new weekly hours that were adopted last evening by the Library Board.
Essentially as of May 1 sl we will go from 58 to 40 hours a week. This does give us the least
public hours for any Library in the Treasure Valley. We are planning on signage outside and
inside for our new hours. General discussion.
3. Park & Pathway Committee discussion: Nancy Merrill, we put together a brief history of the
Park & Pathway Committee. We have three changes to the Resolution: I. Park & Pathway
should be plural, 2. Move from Committee to Commission and 3. That the official name would
be Parks & Pathways Commission. General discussion.
Nancy Merrill: we are very concerned about spending too much staff so we have been
brainstorming. We appreciate working with Mike and Kellie but if we don't need to have them
at the meeting that would reduce staff time. This month we will be meeting four times. We will
work with the City Attorney and our liaison to see how we can accomplish this.
At our last meeting we went through seven different areas of our pathway and during the next 7
weeks we will be doing walkabouts and assessments and looking to see where the needs are and
what we can do to bring the community in to adopt pathways and what we can do to do clean up
and weed control. We are very much aware that we need to our part.
We were at the BLM open house. Nichole did a fantastic job. This sure gave the public an
awareness of what the plan is.
I gave Kellie a survey of the Boise River Trails which is being done by all of the area cities. She
was going to provide that to the Council and see about putting it on the website.
The Velodrome has put up a new website and they will be doing some more fund raisers.
Discussion on the ITD projects, the Merrill Park Bridge and the Eagle Road Underpass.
We also want to take a look at our Master Plan and see if it needs to be updated and also look at
our impact fees.
One of our Members has resigned and we will bring a recommendation to the Council.
We realize that we don't have money in this budget and we aren't planning on any.
General discussion.
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4. Mayor and Council Reports: Moved to end of Agenda
5. City Clerk/Treasurer Report: Moved to end of Agenda
6. Zoning Administrator's Report: Moved to end of Agenda
7. Public Works Director Report: Moved to end of Agenda
8. City Attorney Report: Moved to end of Agenda
REGULAR COUNCIL AGENDA: 6:30 p.m.
1. CALL TO ORDER: Mayor Bandy calls the meeting to order at 6:35 p.m.
2. ROLL CALL: HUFFAKER, SHOUSHTARIAN, SEMANKO, JACKSON-HElM. All
present. A quorum is present.
3. PLEDGE OF ALLEGIANCE: Troop #327 leads the Pledge of Allegiance.
4. EXECUTIVE SESSION:
A. Personnel Matters: I.C. & 67-2345 (b)
Mayor introduces the issue.
City Attorney request that the Agenda be amended to include pending litigation in the Executive
Session.
Huffaker moves to go into Executive Session in accordance with I.C. 67-2345(b) personnel
matters and (f) pending litigation in regards to water rights, the Pooley matter and
Charney matter. Seconded by Shoushtarian. Huffaker: AYE; Shoushtarian: AYE;
Semanko: AYE: Jackson-Heim: AYE: ALL AYES: MOTION CARRIES..............
Council goes into Executive Session at 6:40 p.m. to discuss personnel matters and pending
litigation regarding water rights, the Pooley matter and Charney matter.
Council leaves Executive Session at 7: 15 p.m.
5. PUBLIC COMMENT: NONE
6. 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!!3inst the City.
B. Re-appointment to the Park and Pathwav Development Committee: Mayor
Bandy is requesting Council confirmation of the re-appointment of Don Stockton
and Chuck Fergusson to the Park and Pathway Development Committee. Mr.
Stockton and Mr. Fergusson will each serve a four year term. (PB)
C. Findin!!s of fact and Conclusions of Law for CU-5-08 - Conditional Use
Permit for Montessori School Facilitv - Montessori Academv: Montessori
Academy, represented by Mike and Jody Malterre, is requesting conditional use
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approval for a Montessori school facility (kindergarten thru 8th grade). The site
is currently being used by Northstar Charter School and is located on the east
side of Park Lane approximately 350 feet north of Floating Feather Road at 1400
Park Lane (located upon Lot 1, Block 1, within Cavallo Estates Subdivision).
(MJW)
D. Open Container Permit: The Perks of Life LLC. is requesting an open
container permit to be used on May 1, 2009 at 1540 E. Iron Eagle Dr. All
standard conditions of approval shall apply. (SKB)
E. Appointment to Urban Renewal A!!encv: Mayor Bandy is requesting Council
confirmation of the appointment of Theresa Yragui to the Urban Renewal Agency
to fill a vacated term. Ms. Yragui's term will expire in May 2010. (PB)
F. Minutes of March 30, 2009.
G. Fair Housin!! Proclamation: Declaring April Fair Housing Month in the City of
Eagle.
H. Alcohol license approval: Lauren Marsh Bev Lic. LLC dba: Willowcreek Grill
is requesting a liquor and beer license for on premises consumption and a wine
license for on and off premises consumption to be used at 1065 E. Winding
Creed Rd. Ste. 100. All required fees and documentation have been submitted.
(SKB)
1. Approval of alcohol license renewals for 2009-2010: The renewed license is to
be in effect from May 1,2009 through April 30, 2010. The following license
holders have submitted the appropriate documentation and fees to the Clerk's
Office at time of agenda preparation: WinCo Foods LLC, Traditions Golf
Management dba: Banbury Golf Club, Yin Kwong Corporation dba: Sakura
Sushi, LGJ, Inc. dba: Busters, Kwei Wing Ma dba: China Palace, Jacksons Food
Stores, Albertson's Store # 182, Albertson's Express, Beacon Light Chevron,
Justo's.
J. EXT-OI-09 - Preliminary Plat Extension of Time Request for The Lofts at
Ea!!le River - Sea 2 Sea LLC,: Preliminary Plat Extension of Time for The
Lofts At Eagle River Subdivision (PP-15-06) - Sea 2 Sea, LLC, represented by
Creston Thornton.(MJW)
K. DR-03-09 - Convert a Residential Dwellin!! to a Church Facilitv and
Construct a Buildin!! Addition - Abundant Life Baptist Church: Abundant
Life Baptist Church, represented by Jim Main with Design West Architects, is
requesting design review approval to convert an existing 2,622-square foot
residential dwelling into a church facility and to construct a 3,207-square foot
building addition. The 5.78-acre site is located on the south side of West Floating
Feather Road approximately 1,000-feet east of Park Lane at 3633 West Floating
Feather Road. (WEV)
L. DR-04-09 - One Monument Si!!n for Abundant Life Baptist Church _
Abundant Life Baptist Church: Abundant Life Baptist Church, represented by
Jim Main with Design West Architects, is requesting design review approval to
construct a monument sign for the Abundant Life Baptist Church facility. The
5.78-acre site is located on the south side of West Floating Feather Road
approximately 1,000-feet east of Park Lane at 3633 West Floating Feather Road.
(WEV)
M. Minutes of March 24, 2009.
Huffaker removes Item #6J from the Consent Agenda.
Mayor I would look for a motion to approve the Consent Agenda minus Item #J.
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So moved by Semanko. Seconded by Huffaker. Huffaker: AYE; Shoushtarian: AYE;
Semanko: AYE: Jackson-Heim: AYE: ALL AYES: MOTION CARRIES..............
6J. EXT-OI-09 - Preliminarv Plat Extension of Time Request for The Lofts at Ea!!le River
- Sea 2 Sea LLC,: Preliminary Plat Extension of Time for The Lofts At Eagle River
Subdivision (PP-15-06) - Sea 2 Sea, LLC, represented by Creston Thornton.(MJW)
Huffaker: we have had some of these extension come before the Council and the only reason I
pulled this from the agenda is an issue of consistency. Do we want to grant an extension for 2
years?
Planner Williams: Because of the economy I went out two years. General discussion.
Huffaker moves to grant an extension for 1 year. Seconded by Shoushtarian. Discussion.
ALL AYES: MOTION CARRIES.....................
7. PUBLIC HEARINGS:
A. The purpose for the public hearin!! is to obtain comment on the proposed fines
established in section 4-11-11 and 4-11-12 of ordinance 622 (commonlv referred to as
"Clean Indoor Air Ordinance") as required bv Idaho State Code &67-1311A. The public
hearing was closedfor verbal testimony on March 24, 2009. Written testimony will still be
accepted.
AI. Ordinance No. 622 - Proposed Clean Indoor Airl AKA Smoke Free
ordinance - Citv of Ea!!le.: 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.
Planner Lowe: Discusses the changes to the Ordinance. General discussion.
General Council discussion.
Semanko moves to table the Ordinance. Motion dies for lack of a second.
Further Council discussion.
Semanko moves to remand Ordinance #622 to staff to address the issues that have been
discussed tonight and to get us some answers to the questions about economy impacts, what
other cities have experienced and the other questions that were raised. Discussion. Also
include options on the penalties. Seconded by Jackson-Heim. ALL AYES: MOTION
CARRIES...................... ....
Council discussion.
8. NEW BUSINESS: NONE
9. UNFINISHED BUSINESS:
A. State Street Corridor Studv Pro!!ram Coordination Memorandum of Understand in!!:
(SEB)
Mayor introduces the issue. I understand that this item is on ACHD's budget discussion
tomorrow and they are thinking or removing this item.
Planner Lowe: I believe there is some misunderstanding, this is from the City of Boise and
Kathleen Lacey is here from the City of Boise to discuss this issue.
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Kathleen Lacey, City of Boise Comprehensive Planning and the Project Manager for the State
Street Corridor Implementation Program, we are asking for your approval to approve the
addendum to the Memorandum of Understanding which joins all of the jurisdictions and
agencies directly impacted by the State Street Corridor and Highway 44. Discussion on the
terms of the addendum. ACHD is the specific funding for the study.
General discussion.
Council concurs to send a letter that the City is in support and will cooperate but it is not the
right time to sign a MOU.
Mayor: I would look for a motion from Council essential to not to be a signatory to this
but to have a letter drafted for my signature or Council signature to the individuals
restating our support, commitment and our desire to cooperate to the best that we can but
we don't want to create any false expectations that we have any money to bring to the table.
I would like to have the Council review the letter before it is sent out.
Jackson-Heim moves as the Mayor stated above. Seconded by Semanko. Discussion. ALL
AYES: MOTION CARRIES....................
B. Ordinance No. 623: An Ordinance Of The City Of Eagle, Ada County Idaho Amending
Eagle City Code Title 2 "Historic Preservation Commission", Chapter 7, Section 1 "Historical
Preservation Commission"; Section 2 "Organization And Administration; Section 3 "Powers,
Duties And Responsibilities"; Section 4 "Acquisition Of Property"; Section 6 "Procedures For
Designation Of Historic Districts"; Section 8 "Procedure For Designation Of Historic Property
Or Landmark; Providing A Severability Clause; And Providing An Effective Date. This item was
continuedfrom the March 24,2009 meeting. (SKB)
Mayor introduces the issues.
General Council discussion.
Jackson-Heim 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 #623 be considered after being read once by title only. Jackson-
Heim reads Ordinance #623 by title only. Seconded by Huffaker. ALL AYES: MOTION
CARRIES.............. ...
Jackson-Heim moves that Ordinance #623 be adopted. Seconded by Huffaker. Huffaker:
AYE; Shoushtarian: AYE; Semanko: AYE; Jackson-Heim: AYE; ALL AYES: MOTION
CARRIES................................ ...
C. Bud!!et discussion:
Mayor introduces the issue.
General discussion.
PRE-COUNCIL REPORT:
City Clerk/Treasurer Report: Jackson-Heim is going to be absent for the April 28th meeting. Is
anyone else going to be absent? There will be a quorum for this meeting.
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Public Works Director Report: Reports on the Senior Center Parking Lot. I am going to go out
for bid on the project to get hard numbers to work with. General discussion.
Discusses animal control. Idaho Humane Society wanted to renegotiate our contract. The
average cost for a call with HIS is $141.00. I am talking to Garden City about working with
them.
The underpass will be completed at the end of this month.
The bridge should be done by the end of June.
Zoning Administrator's Report: No report.
City Attorney Report: No report.
Mayor and Council Reports:
Semanko: Nothing to report from Eagle Sewer District.
A Library Board Member has resigned and the Board will be filling that position.
There was a report from the Friends of the Library.
Shoushtarian: No report.
Jackson-Heim: I did have the opportunity to talk to the Chief of Police in regards to Eagle Fun
Days. General discussion.
Semanko: The Library Board did approve the request to close the Library on Saturday for Eagle
Fun Days. General discussion.
Mayor: The Economic Advisory Council from the Department of Commerce is going to be
hearing the Idaho Vita Cultural Research Grant Request this Thursday. I will be there as well
Nate Mitchell from Star, the folks from Vine Makers and the Priddys will all be there.
Discussion on the Alliance MOU.
I have had a couple meetings the last two weeks with the Chamber, some builders, bankers,
mortgage companies, retailers, and title companies to talk about economic development
strategies for the City. Trying to come up with a way that everyone can work together to start
getting some economic development going. The Building Contracts Association has a campaign
going on entitled "Homes Need People To". There was a discussion on running an Eagle Is
Open For Business campaign. We will be meeting again in the next couple of weeks.
Bob Niblett has taken a job in Oklahoma so he has resigned from the Design Review Committee
so currently we have a statement out to replace him on the committee.
General Council discussion.
10. ADJOURNMENT:
Mayor: I would entertain a motion to adjourn.
Semanko so moved. Seconded by Jackson-Heim. ALL AYES: MOTION
CARRIES.......... ...... ....
Hearing no further business, the Council meeting adjourned at 9:40 p.m.
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Respectfully submitted:
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'SHARON K. BERGMANN
CITY CLERK/TREASURER
PH LLIP J. BANDY
MA YOR
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A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT EAGLE
CITY HALL
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