Minutes - 2010 - City Council - 02/23/2010 - Regular
EAGLE CITY COUNCIL
Minutes
February 23, 2010
PRE-COUNCIL AGENDA: 5:30 p.m. - 6:30 p.m.
1. Ada County Sheriff s Office Monthly Report: Chief Hippie addresses the council with
information on the Eagle Police January 2010 monthly report. Also, the need for a new city
ordinance for city curfew.
2. Eagle Historical Preservation Commission Report: Frank Thomason addresses the council
and reports on historic preservation activities going on.
3. Mayor and Council Reports and Concerns: Semanko reports on the Transportation committee
meeting. Ron Bath has been elected as the new chair for the committee. Grasser would like to
be able to view the accounts payable reports at an earlier time or he will refuse to sign off on
them. Discussion on having a 4 day work week discussion. TAN report questions (they have
been asked to contact the City Clerk directly). Shoushtarian attended Customer Appreciation
Day last weekend. Urban Renewal Agency transparency discussion.
4. City Clerk/Treasurer Report: No report.
5. Zoning Administrator's Report: No report.
6. Public Works Director Report: Block grant was awarded to the city for LED street lighting.
7. City Attorney Report: No report at this time.
Council takes a 5 minute recess.
REGULAR COUNCIL AGENDA: 6:30 p.m.
1. CALL TO ORDER: Council President Huffaker calls the meeting to order at 6:40 p.m.
2. ROLL CALL: HUFFAKER, SHOUSHTARIAN, SEMANKO, GRASSER. All present. A
quorum is present.
3. PLEDGE OF ALLEGIANCE: Boy Scout Troop 318 leads the Pledge of Allegiance.
4. PUBLIC COMMENT: Saundra McDavid 1297 N Chaucer Way wants updated on
determination from attorney general in regard to mayor breaking tie votes. Also feels that Mayor
as a full time position should be reconsidered.
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.
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A. Claims Ae:ainst the City.
B. Re-appointment to Plannine: and Zonine: Commission: The Mayor is
requesting Council confirmation ofthe re-appointment of Victor Villegas to the
Commission. Mr. Villegas will serve a 3 year term. (PB)
C. Appointments to the Parks and Pathways Development Commission: The
Mayor is requesting Council confirmation of the appointment of Mike Barton
(term to expire March 2011), Mary McColl (term to expire March 2012) and
Randy Zollinger (term to expire March 2011). (PB)
D. Appointment to the Historic Preservation Commission: The Mayor is
requesting Council confirmation of the appointment of Pam Kelch to the
Commission to fill a vacated position. Ms. Kelch's term will expire in June
2012. (PB)
E. Minutes of Januarv 12,2010.
F. Minutes of January 26, 2010.
G. Minutes of February 9, 2010.
H. DR-43-09 - Buildinl! Expansion and Exterior Remodel to the Liquor Store-
Dave Wae:ers: Dave Wagers, represented by Randy Haverfield with
Architecture Northwest, is requesting design review approval to construct a
1, 170-square foot building expansion to the liquor store facility for a total of
3,888-square feet. The applicant is also requesting approval to remodel the
exterior elevations of the building. The 0.19-acre site is located on the northeast
corner of West State Street and North Old Park Place at 174 West State Street.
(WEV)
I. DR-44-09 - Two Buildinl! Wall Sie:ns for the Liquor Store - Dave Wae:ers:
Dave Wagers, represented by Randy Haverfield with Architecture Northwest, is
requesting design review approval to install two non illuminated building wall
signs on the Liquor Store facility. The 0.19-acre site is located on the northeast
corner of West State Street and North Old Park Place at 174 West State Street.
(WEV)
J. Re-appointment to Parks and Pathways Commission: Mayor Bandy is
requesting Council confirmation of the re-appointment of Michael Hummel to the
Commission. Mr. Hummel's term will expire in 2013. (PB)
Grasser would like items 5B, 5C, 5D and 5J removed from the consent agenda. Semanko
removes item 5E. Semanko moves to approve items 5A, 5F, 5G, 5H and 51. Seconded by
Shoushtarian. Semanko: AYE; Huffaker: AYE; Shoushtarian: AYE; Grasser: AYE: ALL
AYES: MOTION CARRIES..............
In regard to items B, C, D and J, Grasser would like information/resumes from people
wanting appointments to be in the packet for review. Semanko moves to continue item B
on consent agenda to the next council meeting. Seconded by Grasser. ALL
A YE...MOTION CARRIES.
Grasser moves item 5C, 5D and 5J to be continued to next the next council meeting with
information provided in the packet for council review. Seconded by Shoushtarian.
Discussion. ALL AYE...MOTION CARRIES.
In regard to item 5E, Semanko would like to revisit the concern that Mr. Shoushtarian had
in regard to ACHD and ITD liaison positions held by Semanko. Semanko states that he
will be able to attend the transportation meetings and ACHD and ITD liaison positions
should be covered at these transportation meetings. Semanko moves to approve item 5E,
minutes of January 12,2010. Seconded by Shoushtarian. ALL AYE...MOTION
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CARRIES.
6. PROCLAMATIONS & RESOLUTIONS:
A. Disability Awareness Week Proclamation: A proclamation declaring April 19-24, 2010 as
Disability Awareness Week in the City of Eagle. (PB)
Council President Huffaker introduces the issue.
Semanko moves to continue the Disability Awareness Week Proclamation and ask that it be
cleaned up by staff for approval at the next council meeting. Seconded by Grasser. ALL
AYES: MOTION CARRIES.....................
7. UNFINISHED BUSINESS:
A. Contract with Allied Waste to offer "No-Sort" or "Comine:line:" Recvcline: to Eae:le
residents. A public hearing was held on January 12, 2010 seeking residents desire to add this
service and willingness to pay for said service. The cost associated with the service will be
determined by the length oftime the recycling assets are depreciated. This item was continued
from the February 9, 2010 meeting. The City Attorney is requesting this item be continued to the
March 9,2010 meeting.
Council President Huffaker introduces the issue. Report from the city attorney on the status of
this contract.
Semanko moves to continue Item #7A to the March 9,2010 City Council meeting.
Seconded by Shoushtarian. ALL AYES: MOTION CARRIES..........................
8. PUBLIC HEARINGS:
A. Idaho Community Development Block Grant Status of funded proiect - Proiect name:
Ea!!le Senior Center Parkin!! Lot - Shawn Charters: The hearing will include a review of
project activities and accomplishments to date, a summary of all expenditures to date, a general
description of remaining work and any changes made to the scope of work, budget schedule,
location, objectives or beneficiaries.
Council President Huffaker introduces the issue.
Shawn Charters addresses the council. Maggie Galt, president of the senior center discusses
parking lot progress and how happy the seniors are to have it.
B. A-04-09/RZ-04-09 - Annexation and Rezone from RUT (Rural-Urban Transition - Ada
County desie:nation) to MU-DA (Mixed Use with a development ae:reement) - Capital
Development, Inc.: Capital Development, Inc., represented by Dave Y orgason, is requesting
approval of an annexation and rezone from RUT (Rural-Urban Transition-Ada County
designation) to MU-DA (Mixed Use with a development agreement). The 110.56-acre site is
generally located on the west side of S. Meridian Road and the north side of W. Chinden
Boulevard (Highway 20/26) approximately 835 feet west of S. Meridian Road. (WEV) This
item was continuedfrom the February 9,2010, meeting.
Council President Huffaker introduces the issue.
Bob Banks, 1542 N. Park Forest Way, Eagle Idaho addresses the council. Chris Yorgason, 6200
N. Meeker Place, Boise, Idaho addresses the council. Discussion on meetings held with
neighbors. Bill Vaughan, Zoning Administrator addresses the council. City attorney addresses
the council in regard to the development agreement. Discussion.
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Judith Erdman, 7385 Winward Drive, Meridian, Idaho addresses the council. She is against this
project.
Scott Trosper, 7110 Springcrest, Meridian, Idaho lives in Sandy Springs subdivision and is
against the project.
Larry Sandusky, 7602 Canyon Drive, Meridian, Idaho is against the project.
Pam Golden, 8150 Chinden in Boise, Idaho, representing ITD and states that ITD would have
many concerns about this development.
Lee Swider, 7176 N. Spring Crest, Meridian, is against the project.
Huffaker closes the public hearing.
Rebuttal from the applicant. Discussion. Council discussion. Discussion about mediation on
this project.
10:05pm council calls for a 10 minute recess.
10: 17pm meeting called back to order.
Bob Banks states that both applicants (item 8B and 8e) are agreeable to mediation. Both
applicants agree that by vote of this council this will go to mediation. Applicants also agree that
members of the council can be the mediators.
Scott Trosper would be interested in taking this to mediation for compromise. Joanne Butler
states that her client will also be participating in the mediation.
Mediation will take place, Tuesday, March 2, 6:30 pm at City Hall. Mediation will include 4-5
members from the public who have concerns regarding the project.
Semanko moves to continue item 8B and 8C to the March 9th city council meeting, with
mediation taking place on March 2. Seconded by Grasser. ALL AYE.. .MOTION
CARRIES. Al and Norm will be the representatives for the council at the mediation.
C. CPA-07-08/A-05-08/RZ-ll-08 - Comprehensive Plan Map and Text Amendment from
Public/Semi-Public and Transitional Residential to Mixed Use, Professional Office, and
Transitional Residential and an Annexation and Rezone from RUT (Rural-Urban
Transition-Ada County Desie:nation) to MU-DA (Mixed Use with a development
ae:reement) for Wilson Properties, L.P. and Wilson Holdine:, LLC: Wilson Properties L.P.
and Wilson Holdings, LLC, represented by Gene Shaffer with CSHQA, is requesting a
Comprehensive Plan Map and Text Amendment to change the land use designation on the
Comprehensive Plan Future Land Use Map from Public/Semi-Public and Transitional
Residential to Mixed Use, Professional Office, and Transitional Residential, and to amend the
language in the Rim View Planning Area; an annexation and rezone from RUT (Rural-Urban
Transition - Ada County designation) to MU-DA (Mixed Use with a development agreement).
The +/- 83.79-acre site is generally located at the northwest corner ofN. Fox Run Avenue and
Chinden Boulevard (Highway 20/26) at 6479 N. Fox Run Avenue and 990 W. Chinden
Boulevard. (WEV) This item was continuedfrom the February 9, 2010 meeting.
Council President Huffaker introduces the issue.
See motion above for continuation to March 9,2010.
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D. CU-OI-09 - Bank Facility with Drive Up Service - Capital Educators Credit Union:
Capital Educators Credit Union, represented by Chad Slichter, with Slichter Architects, is
requesting condition use approval for a bank with drive up service. The 0.92-acre site is generally
located at the northeast corner of the intersection of South Eagle Road and East Riverside Drive,
Lot 2, Block 1, Mixed Use Subdivision No.2, at 80 East Riverside Drive. (WEV)
Chad Slichter, 6611 Ustick presents the application to the council. City Planner Mike Williams
reviews the application.
Ralph Brenner with Home Federal Bank addresses the council with concerns in regard to this
project.
Public hearing is closed.
Semanko moves to approve CU-OI-09 - Bank Facility with Drive Up Service - Capital
Educators Credit Union. Seconded by Shoushtarian. Discussion. ALL AYE...MOTION
CARRIES.
D.l. DR-41-09 - Bank Facility for Capital Educators Credit Union with Drive-up
Service and ATM Lanes - Capital Educators Credit Union: Capital Educators
Credit Union, represented by Chad Slichter with Slichter Architects, is requesting
design review approval to construct a 3,600-square foot bank facility with drive-up
service and A TM lanes. The 0.92-acre site is located on the northeast corner of
East Riverside Drive and Eagle Road at 80 East Riverside Drive within Eagle
River Development. (WEV)
Semanko moves to approve DR-41-09 - Bank Facility for Capital Educators Credit Union
with Drive-up Service and A TM Lanes with the condition that the parking spaces and the
drive aisle on the west side of the building be switched, or the parking spots be labeled as
employee only. Seconded by Shoushtarian. ALL AYE...MOTION CARRIES.
D.2. DR-42-09 - Three Buildin!! Wall Sie:ns and Direction Sie:na!!e for Capital
Educators Credit Union - Capital Educators Credit Union: Capital Educators
Credit Union, represented by Chad Slichter with Slichter Architects, is requesting
design review approval to construct three (3) building wall signs and directional
signage for Capital Educators Credit Union bank facility. The O.92-acre site is
located on the northeast corner of East Riverside Drive and Eagle Road at 80 East
Riverside Drive within Eagle River Development. (WEV)
Grasser moves to approve DR-42-09 - Three Building Wall Signs and Direction Signage for
Capital Educators Credit Union. Seconded by Shoushtarian. ALL AYE...MOTION
CARRIES.
E. RZ-12-09 - Rezone from PS (Public/Semipublic) to R-l (Residential- Up to One (1) Unit
per Acre) - Christy Radcliffe: Christy Radcliffe, represented by Shawn Nickel, with YP, LLC,
is requesting approval of a rezone from PS (Public/Semipublic) to R-l (Residential up to one (1)
unit per acre). The 0.87-acre (37,897 square foot) site is generally located at the northeast corner
of the intersection of East Hill Road and Dicky Drive. (WEV)
Council President Huffaker introduces the issue.
Shawn Nickel, 148 N. 2nd, Ste. 101, Eagle, presents the application. City Planner Mike Williams
reviews the application.
Dave Beggrow, 2062 Hill Road addresses the council in regard to this application. He owns the
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property.
Steve Deckers, 2249 Dickey Circle believes that residential use on this property would intrude on
the integrity of the city park.
Further discussion with the applicant.
Semanko moves to approve RZ-12-09 - Rezone from PS (Public/Semipublic) to R-l
(Residential- Up to One (1) Unit per Acre). Seconded by Huffaker. Discussion. ALL
AYE....MOTION CARRIES.
The representative asks that council waive the $1100 fee for the rezone.
Grasser moves to waive 50% of the fee. Seconded by Semanko. ALL AYE. ..MOTION
CARRIES.
9. NEW BUSINESS:
A. Discussion of draft Area of Impact ne!!otiation letter to the Ada County Board of
County Commissioners:
Council President Huffaker introduces the issue.
The council gives direction to changes they would like to see in the letter drafted by staff.
Huffaker moves to send a negotiation letter as the official request that they consider the
various requests that are being made in the letter. Include in letter various corrections that
have been made tonight and the request for a follow up meeting as soon as possible, but no
later than the end of April, 2010. Seconded by Semanko. ALL AYE...MOTION
CARRIES.
B. Collection Service A!!reement between the City of Ea!!le and Access Recovery Services
Inc.: (ME)
Council President Huffaker introduces the issue. Public Works Director, Michael Echeita
reviews this agreement with the council.
Huffaker moves to approve the contract and instruct the mayor to enter into the contract
with Access Recovery Inc. Seconded by Semanko. Semanko: AYE; Huffaker: AYE;
Shoushtarian: AYE; Grasser: AYE: ALL AYES: MOTION CARRIES..............
C. PD-03-09 - Parcel Division - Terry L. and Nancv Harris: Terry L. and Nancy Harris,
represented by Shawn Nickel, are requesting approval of a parcel division for the creation of two
parcels. The 5.7 4-acre site is generally located on the east side of North Meridian Road
approximately 950 feet north of West Floating Feather Road at 1628 North Meridian Road.
(WEV)
Council President Huffaker introduces the issue.
Shawn Nickel, 148 N. 2nd, Ste. 10, Eagle, presents the application. City Planner Mike Williams
reviews the application. Discussion.
Semanko moves to approve PD-03-09 - Parcel Division - Terry L. and Nancy Harris.
Seconded by Shoushtarian. ALL A YES: MOTION CARRIES..............
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D. EXT-28-09 - Preliminary Plat Extension of Time for Millpark Villa!!e Subdivision-
State/Park, LLC:. State/Park, LLC, represented by Shawn Nickel with SLN Planning is
, requesting a one (1) year extension oftime for the preliminary plat approval for Millpark Village
Subdivision, a five (5) lot (l7-residential units and 12-commercial buildings contained on 5-lots)
mixed use subdivision. The 11.25-acre site is located on the northeast corner of Park Lane and
State Highway 44, on Lots 1,4, and 9, Block 2, ofthe Amended Plat of Flint Estates, at 3950 W.
State Street. (WEV)
Council President Huffaker introduces the issue.
Shawn Nickel reviews the application. Staff member Williams answers questions from the
council.
Semanko moves to continue EXT -28-09 - Preliminary Plat Extension of Time for Millpark
Village Subdivision - State/Park, LLC to the next meeting. Seconded by Grasser.
Discussion. ALL AYE...MOTION CARRIES.
Huffaker would like to discuss possibly approving a 6 month extension and then revisiting this
item at that time. Motion above voted on at this time and approved.
10. EXECUTIVE SESSION:
A. Pendine: and Threatened Litie:ation: I.c. 6723 (t)
City Attorney Buxton states that no executive session is needed.
11. ADJOURNMENT:
Semanko moves to adjourn at 12:35am. Seconded by Grasser. ALL AYES: MOTION
CARRIES...
Respectfully submitted:
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....... SHARON K. BERGMANN
CITY CLERK/TREASURER
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A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT EAGLE
CITY HALL
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EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP
RZ-12-09 - Rezone from PS (Public/Semipublic) to R-1 (Residential — Up to One (1) Unit per Acre) - Christy
Radcliffe
February 23, 2010
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PUBLIC HEARING SIGN-UP
CU -01-09 - Bank Facility with Drive Un Service - Canital Educators Credit Union
February 23, 2010
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EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP
CPA-07-08/A-05-08/RZ-11-08 — Comprehensive Plan Map and Text Amendment from Public/Semi-Public and
Transitional Residential to Mixed Use, Professional Office, and Transitional Residential and an Annexation and
Rezone from RUT (Rural -Urban Transition -Ada County Designation) to MU -DA (Mixed Use with a development
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A-04-09/RZ-04-09 — Annexation and Rezone from RUT (Rural -Urban Transition — Ada County designation) to
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Idaho Community Development Block Grant —Eagle Senior Center Parking lot
February 23, 2010
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