Minutes - 2009 - City Council - 11/24/2009 - Regular
EAGLE CITY COUNCIL
November 24, 2009 Minutes
PRE-COUNCIL AGENDA: 5:30 D.m. - 6:30 D.m.
Treasure Valley Partnership: Nampa Mayor, Tom Dale will address the Mayor and Council.
Mayor Dale addresses the Council. Parma, Greenleaf and Garden City Mayors are also in
attendance. Mayor Evans (Garden City) addresses the Council, they are here to lobby the
Council to rethink their decision about being part of Treasure Valley Partnership this year.
Mayor and Council's Report: No report.
City Clerk/Treasurer Report: No report.
Zoning Administrator's Report: No report.
City Attorney Report: No report.
Public Works Director' Report: No report.
REGULAR COUNCIL AGENDA: 6:30 p.m.
1. CALL TO ORDER: Mayor Bandy calls the meeting to order at 6:37 p.m.
2. ROLL CALL: HUFFAKER, SHOUSHT ARIAN, SEMANKO, JACKSON-HElM. All
present. A quorum is present.
3. PLEDGE OF ALLEGIANCE: Mike Huffaker leads the Pledge of Allegiance.
4. PUBLIC COMMENT: Foad Roghani addresses the council. He is questioning the 4 day
work week and how much holiday pay employees are receiving.
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. Minutes of November 5, 2009.
C. Findinl!s of Fact and Conclusions of Law forRZ-19-06 MOD - DeveloDment
Al!reement Modification - M3 ComDanies, LLC.: M3 Companies, LLC, represented
by Gerry Robbins, is requesting a modification to the pre-
annexation/rezone/development agreement for the M3 Eagle Development to include site
specific hillside and grading standards as required within the original development
agreement. The 6,005 acre site is generally located north of the Farmers Union Canal and
Homer Road, east of State Highway 16 and west of Willow Creek Road. (WEV)
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Huffaker moves to approve the consent agenda. Seconded byJackson-Heim.
Shoushtarian: AYE; Semanko: AYE; Huffaker: AYE; Jackson-Heim:
AYE....MOTION CARRIES.
6. PROCLAMATIONS & RESOLUTIONS: NONE
7. UNFINISHED BUSINESS:
A. Ordinance 636 (Cross-Connection): An Ordinance For The City Of Eagle Repealing
Ordinance 630 In Its Entirety And Amending And Adding Portions Of Eagle City Code
Title 6 "Public Ways And Property", Chapter 5, "Water System"; Providing A
Severability Clause; Approving The Summary Of This Ordinance; And Providing An
Effective Date. This item was continuedfrom the November 10 meeting, 2009. (ME)
Public Works Director, Michael Echeita reviews the ordinance with the Council. This
ordinance is simply to correct the numbering of the ordinance that was previously approved
by the council.
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 #636 be considered after being read once by title
only. Huffaker reads Ordinance #636 by title only. Seconded by Jackson-Heim. ALL
AYE...MOTION CARRIES.
Semanko moves to approve ordinance 636 (Cross Connection). Seconded by Jackson-
Heim. Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE; Jackson-Heim:
AYE.. .Motion Carries.
8. PUBLIC HEARINGS: NONE
9. NEW BUSINESS:
A. EXT -09-09 - Preliminarv Plat Extension of Time for Arbor Ridl!e Subdivision (final
Dlatted as Rinl!o Ridl!e Estates Subdivision) - P.O. Ventures, Inc.: P.O. Ventures,
Inc., represented by Stacia Patterson, is requesting a one (1) year extension of time for
the preliminary plat approval for Arbor Ridge Subdivision, a 149-Iot (143-buildable)
residential subdivision. The 52.3-acre site is located west of State Highway 55 generally
north of Hill Road. (WEV)
Zoning Administrator Vaughan addresses the Council in regard to this application. City
Attorney Buxton adds to the discussion. Jim Bowden addresses the council. Mr. Bowden is
newly associated with this project. Mr. Jennings, 2675 E. Mariposa address the council, he
is representing the HOA. Discussion on a special meeting to address this issue with the
developer, residents of this subdivision and council.
Jackson-Heim moves to remand back to staff to proceed consistent with staff's
recommendation for a workshop and amicable resolution. Seconded by Shoushtarian.
ALL AYE...MOTION CARRIES.
B. Discussion rel!ardinl! forminl! a committee to eXDlore oDtions on Durchasinl! the Citv
Hall buildinl!.
Huffaker moves to direct the Mayor to publish an announcement for this committee,
open to anybody and open until the end of the year. Packet of applicants will be given
to council as soon after the first of the year as possible for review and recommendation
to the Mayor. Seconded by Semanko. Discussion on title of this item to better state this
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is not a committee to explore onlv options of purchasing the City Hall building, should
include all options. There will be a maximum of 12 applicants. ALL AYE.. .MOTION
CARRIES.
C. Discussion on no-sort recvclinl!.
Discussion on options for moving forward with this option. Rachele Klein and Dave Fischer
with Allied Waste are here to discuss options for this recycling.
Council wants to have a public hearing on this item, the first meeting in January.
D. Discussion rel!ardinl! Area of ImDact nel!otiations with Ada Countv (WEV)
Bill Vaughan and NBS discuss this item with the council.
City Attorney reviews this item with the council. Council would like to meet with Ada
County to see if these issues could be resolved.
10. EXECUTIVE SESSION:
A. Pendinl! and Threatened Litil!ation: I.C. 6723 (t)
None.
11. ADJOURNMENT:
Huffaker moves to adjourn at 9:25 pm. Seconded by Jackson-Heim. ALL AYES:
MOTION CARRIES.
Respectfully submitted:
l&CvK9-K~
./ SHARDN K. BERGMANN
CITY CLERK/TREASURER
PHILLIP J. BANDY
MAYOR
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A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT EAGLE
CITY HALL
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Spring 2006
August 15, 2007
August 27, 2007
November 27, 2007
December 23, 2007
January 2008
April 11, 2008
May 14, 2008
May 28, 2008
June 27, 2008
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The City of Eagle met with the City of Meridian about the Rim View planning
area and Meridian's recent annexation of approximately 120 for a development
called Tree Farm. At that Time Meridian state that they had no desire to serve
or expand further into the Eagle approved area of impact, north of the Phyllis
Canal.
City of Eagle an area of city impact negotiation with Ada County concerning the
North Foothills and the potential of a joint adoption process.
City of Eagle met with Ada County Commissioners to discuss a joint hearing and
adoption process of the City's draft foothills plan and amendments to the
adopted area of impact agreement. The commissioners did not wish to
participate in a joint adopting process and directed the city to move through the
local adoption process and then bring a request for expanded are of city impact
to the county under the requirements of Idaho Code
City adoption of the Foothills Sub -area Plan
City approval of the M3 Pre -annexation & Development agreement establishing
a 24 month period for the applicant to establish contiguity to the city limits.
Blueprint for Good Growth establishes the need for expanded future planning
boundaries, beyond the area of city impact, for the cities. These boundaries
were intended to reduce conflicts in annexation and planning between cities.
The City of Eagle future planning boundary reflected the Foothills Sub -area
planning boundary within Ada County.
The City formally requested a renegotiation of the Area of City impact including
the adoption of the 2007 Eagle Comprehensive Plan and new/revised provisions
of the area of impact agreement.
Ada County responded to the City's request by asking that all six (6) cities meet
on May 29, 2008 at 2:OOpm to discuss the extended planning boundaries.
Mayor Bandy & Nichoel attend a meeting with Fred Tillman and Nate Mitchell
(Boise, Meridian, & Kuna were not available and Garden City declined the
meeting). The historical area of impact was discussed including the area west of
Linder along Chinden and the foothills area. No changes to the City's existing
boundary were proposed.
Mayor Bandy addressed the issue of an AOI overlap and the need for Meridian
to make a formal request to Eagle to the Mayor of Meridian in a letter received
by Meridian on July 2, 2008. No response was received.
k:\planning dept\impact arealfoothills negoatiation timeline.docx
July 14, 2008
July 29, 2008
August 1, 2008
September 10, 2008
October 27, 2008
October 30, 2008
December 17, 2008
December 23, 2008
January 20, 2009
February 2, 2009
March & May 2009
Eagle submitted a written request to meet with the BOCC on July 29, 2008 to
renegotiation of the area of Impact to include the foothills and the area of
impact agreement language.
Eagle Council and BOCC met to negotiate the A01.
Ada County requested an updated Comprehensive Plan map for adoption with
the plan Eagle wished to be adopted but would not concede to the additional
language for implementation within the area of impact agreement. It was
agreed that further discussion was necessary before moving forward.
This letter also recognized the overlap with Meridian and the need for it to be
resolved by Eagle and Meridian. The letter stated " Don't worry about the
existing overlap with Meridian that you are intending to resolve early next
year".
Bill Vaughan and Nichoel Baird Spencer met with Pete Freidman from Meridian
about the need for a Comprehensive Plan amendment application.
The City of Eagle received a transmittal from Ada County Development Services
to amend the City's Area of impact not to include the foothills but to remove
the River Plain Planning Area north of the Phyllis Canal from the City's AOI and
grant it to Meridian. The City subsequently objected to the request and
requested that the County not move forward until negotiations and a
comprehensive plan amendment could made by Meridian to remove the area
from the Eagle Comprehensive Plan.
City of Meridian Submits a Comprehensive Plan Amendment application but
does not pay fees. Subsequently the application is deemed incomplete.
Ada County amends the Eagle AOl without negotiation or approval.
Eagle receives a status request on the Foothills AOI negotiations.
Planning Staff attends a meeting requested from Ada County to discuss changes
to the planned community ordinance. Proposed changes include removing size
requirements and allowing planned communities in the area of impacts
(previous standard was 640 acre minimum and they were prohibited in the AOI).
Staff attends a second meeting with Ada County about Planned Communities
and states that Eagle is not in support of Planned Communities in general and
even more so within the AOI. Staff is informed that the commissioners will only
expand/renegotiate the A01 if Planned Communities are allowed.
Additional meeting with Ada Count y about the Planned Community process
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May 28, 2009
Staff met with the six (6) cities and county about the BPGG process for area of
impact ordinance provisions. This discussion included establishing standards for
the three AOI criteria under Idaho Code: Reasonable ability to annex, trade
area, and geographic factors. Subsequently, this past summer and fall the City
staff has opposed the language as being too restricting and creating obstacles to
the City expanding into the foothills. Ada County staff has been in support of
these further restrictions.
June 30, 2009 Mayor Bandy formally opposes the changes to the Planned Community
Ordinance to the Ada County Planning & Zoning Commission. Due to noticing
issues this was not heard by the Commission until October of 2009.
July 6, 2009 City receives an application from M3 that will bring M3 into the City limits and
80% of the property within the Foothills planning area contiguous to the City
Limits.
November 10, 2009 City Annexes M3 into the City limits and 80% of the property within the Foothills
planning area contiguous to the City Limits, significantly impacts the BPGG
criteria discussion for areas of impact.
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