Minutes - 2010 - City Council - 03/23/2010 - Regular
EAGLE CITY COUNCIL
Minutes
March 23, 2010
PRE-COUNCIL AGENDA: 5:30 O.m. - 6:30 O.m.
A. Council will be taking a tour of the Library facilities.
Council President Huffaker introduces the issue. Two of the Council Members are already at the
Library so we will adjourn and take the tour of the Library facilities. 5:35 p.m.
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 (by telephone), GRASSER.
All present. A quorum is present.
3. PLEDGE OF ALLEGIANCE: Ryan Burton from Troop #379 leads the Pledge of
Allegiance.
4. PUBLIC COMMENT: Sabrina Anderson, ACHD, I have given you a packet of
information that will update you on some of our projects and discusses the same. General
discussion.
Don Knichrehm, representing Wilson property. The matter on the Consent Agenda Item #5D.
We have written a letter asking that this be remanded back to staff. Ijust wanted to let you
know. General discussion.
Patricia Minkiewicz: 1 want to thank you for having the Town Hall meeting last week.
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 Al!ainst the City.
B. Minutes of March 9,2010.
C. Findinl!s of Fact and Conclusions of Law for A-04-09/RZ-04-09 - Annexation
and Rezone from RUT (Rural-Urban Transition - Ada County desil!nation)
to MU-DA (Mixed Use with a develooment al!reement) - Caoital
Develooment, Inc.: Capital Development, Inc., represented by Dave Yorgason,
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)
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approximately 835 feet west of S. Meridian Road. (WEV) This item was
continued from the February 23,2010, meeting. (WEV)
D. Findinl!s of Fact and Conclusions of Law for CPA-07-08/A-05-08/RZ-ll-08
- Comorehensive Plan Mao 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 Desil!nation) to MU-DA (Mixed Use with a
develooment al!reement) for Wilson Prooerties, L.P. and Wilson Holdinl!,
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)
E. Aooroval of lease al!reement between Eal!le Trooical Sno and City of Eal!le
for vendor soace at Herital!e Park. (ME)
F. Aooroval of lease al!reement between Eal!le Trooical Sno and City of Eal!le
for vendor soace at Guerber Park. (ME)
G. Aooroval of lease al!reement between Eal!le Trooical Sno and City of Eal!le
for vendor soace at Merrill Park. (ME)
H. Re-aooointment to Desil!n Review Board: Council President Huffaker is
requesting the re-appointment of Eric McCullough to the Board. Mr.
McCullough will be serving a 3 year term. (MH)
Huffaker removed Item #5D from the Consent Agenda.
Grasser removes Item #5A from the Consent Agenda
Shoushtarian moves to approve the Amended Consent Agenda, Items #B, C, E, F, G, H, I.
Seconded by Grasser. Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: Grasser:
AYE: ALL AYES: MOTION CARRIES..............
5A. Claims Al!ainst the City.
Discussion on the Claims Against the City.
Grasser moves to approve Item #5A Claims Against the City. Seconded by Huffaker.
Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: Grasser: AYE: ALL AYES:
MOTION CARRIES..............
5D. Findinl!s of Fact and Conclusions of Law for CPA-07-08/A-05-08/RZ-ll-08-
Comorehensive Plan Mao 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 Desil!nation) to
MU-DA (Mixed Use with a develooment al!reement) for Wilson Prooerties, L.P. and
Wilson Holdinl!, 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 PIan Future Land Use Map from Public/Semi-
Public and Transitional Residential to Mixed Use, Professional Office, and Transitional
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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
comer ofN. Fox Run Avenue and Chinden Boulevard (Highway 20/26) at 6479 N. Fox Run
Avenue and 990 W. Chinden Boulevard. (WEV)
Don Knichrehm, representing Wilson property, we submitted a letter to the City Attorney and
Mr. Vaughan and I don't think they have any objection to my request. We have not had time to
sit down and go through this. There are also some legal issues that need to be done. General
discussion.
Huffaker moves to continue Agenda Item #5D to the April 27, 2010 City Council meeting.
Seconded by Shoushtarian. ALL AYES: MOTION CARRIES............
6. PROCLAMATIONS & RESOLUTIONS:
A. Resolution 10-15: Authorizing archiving of public records. (SKB)
Council President Huffaker introduces the issue.
Shoushtarian moves to approve Resolution 10-15 authorizing archiving of public records.
Seconded by Grasser. ALL AYES: MOTION CARRIES..................
7. UNFINISHED BUSINESS:
A. Discussion on nature of Mavoral oosition and aooointment orocess: Council will discuss
whether Mayoral position will be part time or full time and the process in which the new Mayor
will be appointed. Public comment will be taken. It is requested that each person wishing to
provide input limit their comments to three (3) minutes. (CC)
Council President Huffaker introduces the issue. We will be taking public comment tonight.
Nancy Beyon, 704 N. Nicholas Lane, I have been a long time Eagle Resident and I have been
very pleased with the way Eagle has developed over the years and I would like to see it continue
on. I would like to see us not to lose sight of a valuable resource that we have here. I hope that
we can overcome any different ideologies and political views for the good of the community. I
would like you to determine what the Mayor's position would entail. I hope that you pay the
person in the position an appropriate amount of money for either full or time part.
Foad Roghani, as you know I am not a resident of Eagle but I have a business in Eagle. I want to
thank you for the meeting last week. Discusses the Mayor/City Manager form of government. I
guess you have three options, choose someone from the City Council, choose some from the
outside and wait and have an election. My current preference is that you choose someone from
the City Council as you have been elected. Discussion on the three options. Discusses a full
time or a part time Mayor. Discussion on the salary for Mayor.
Mary Defayette, I have thought a lot about this part time/full time Mayor. Is the question really
about the hours or the money that you 1"ant to spend? Residents have an expectation of having a
Mayor available to them. A reduction of salary is something to think about but cutting it in half
is probably unreasonable. Discussion on a City Manager. Discussion on a part time Mayor.
Patricia Minkiewicz, Deerfield Court, I'm not a voter or a citizen of the community; I live in the
area of impact. Discussion on a part time Mayor.
Mary Defayette, discusses her concern that the public may not have had enough notice about
tonight's meeting. General discussion.
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General Council discussion.
B. Ordinance No. 640 - Amendinl! the curfew ordinance: An Ordinance Amending Eagle
City Code Title 5, Chapter I, Section 1 "Curfew"; Prohibiting Persons Under The Age Of
Eighteen Years To Be Or Remain In Any Public Place Or Place Open To The Public Within The
City Between Certain Hours; Providing Exceptions; Providing For The Responsibility Of Parents
And Legal Guardians; Requiring Persons Suspected Of Curfew Violations To Provide Name
And Age To Lawful Requests From Police Officers Investigating Violations; Providing
Penalties; And Providing An Effective Date For Adoption. (CC) This item was continuedfrom
the March 9,2010 meeting.
Council President Huffaker introduces the issue.
General discussion.
Huffaker 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 #640 be considered after being read once by title only. Huffaker
reads Ordinance #640 by title only. Seconded by Shoushtarian. ALL AYES: MOTION
CARRIES.............. ...
Huffaker moves that Ordinance #640 be adopted with the recommendations made by
Council Member Semanko and our City Attorney. Seconded by Shoushtarian.
Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE; Grasser: AYE; ALL AYES:
MOTION CARRIES...................................
8. PUBLIC HEARINGS: None
9. NEW BUSINESS:
A. Field of Honor Uodate: Kathy Coburn
Council President Huffaker introduces the issue.
Kathy Coburn provides an update on the 2010 Field of Honor. General discussion.
Huffaker moves to authorize the City ClerklTreasurer to immediately expend the $2,500.00
that has been requested with the hope that we might recoup the costs. Seconded by
Semanko. Discussion. Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE; Grasser:
AYE; ALL AYES: MOTION CARRIES...................................
B. Aooroval of the Eal!le Historic Commissions recommendation for an Architectural
Historian to orovide services related to the nomination of the 1909 Fisher House to the
National Rel!ister of Historic Places: (HPC)
Council President Huffaker introduces the issue.
Laurie Baker, Curator of the Eagle Museum, provides Council an overview of the Matching
Grant, the RFQ and the recommendation. General discussion.
Shoushtarian moves to approve Agenda Item #9B. Seconded by Grasser. Huffaker: AYE;
Shoushtarian: AYE; Semanko: AYE; Grasser: AYE; ALL AYES: MOTION
CARRIES................................ ...
10. REPORTS:
I. Council Reports and Concerns:
Semanko: No report
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Grasser: No report
Shoushtarian: I want to thank everyone for last weeks Town Hall Meeting. I feel that there was
a good connection made and it was very successful.
Huffaker: I attended a couple of Air Quality Board Meetings and provide an overview of the
meetings.
I had a conversation with the City Attorney, Susan Buxton, we had all come to a consensus that
we want our questions regarding the ability of the Mayor to break ties on appointments presented
to the Attorney General and AIC. A few weeks ago I circulated her second draft of the questions
and she informed me that no one responded yet, I asked her to re-circulate her draft so everyone
can have a chance to give their input.
On the City's website are the two most recent press releases on the front page.
Reports on the Mayor's Youth Advisory Council meeting. They are putting together an Art
Show sometime in May.
Reports on the meeting with the Ada County Emergency Management.
Discussion on the Compass projection for the population of Eagle.
2. City Attorney Report: Included in your materials I prepared a Q&A regarding bias and ex
parte contacts. Discusses types of ex parte contact.
3. City Clerk/Treasurer Report: Discusses Ada County's request to use the City Council
Chamber to conduct the upcoming primary election. Council concurred to move the Council
meeting to another date.
4. Zoning Administrator's Report: Discussion on Charlie Vaughn's proposal. Ada County has
not authorized the funding.
5. Public Works Director Report: Discusses the Building Departments permits. General
discussion.
Discussion on Arbor Ridge.
11. EXECUTIVE SESSION:
A. Pendinl! and Threatened Litil!ation: I.C. 67-2345(f)
B. Personnel Matters: I.C. 67-2345 (a) and/or (b)
Council President Huffaker introduces the issue.
Grasser moves to go into Executive Session for discussion on Pending and Threatened
Litigation: I.C. 67-2345(f) regarding M3's litigation with IDWR and Personnel Matters:
I.C. 67-2345(a) and/or (b). Seconded by Huffaker. ALL AYES MOTION CARRIES......
Council goes into Executive Session at 9:35 p.m.
Council discusses pending and threatened litigation in regard M3's litigation with IDWR and
personnel matters.
Council leaves Executive Session at 10:25 p.m.
Huffaker: Norm's request was to have Mike look at what was actually budget for salaries for the
FY 09/1 0 and compare it to what it would be for the increases.
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12. ADJOURNMENT:
Shoushtarian moves to adjourn. Seconded by Grasser. ALL AYES: MOTION
<:A~ES...............
Hearing no further business, the Council meeting adjourned at 10:25 p.m.
Respectfully submitted: ",..........
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MICHAEL HUFF
COUNCIL PRES
A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT EAGLE
CITY HALL
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KICOUNClLIMINUTESITemporary Minule, Work AreaICC-3-23-lOmin.doc
PEDESTRIAN
P R 0 E C T
PROJECT DESCRIPTION
The Floating Feather Road
project will irnprove pedestrian
facilities and will not involve
rebuilding the roadway.
Construct a 7 -foot asphalt
pathway on the notch side
of Floating Feather Road,
between Ballantyne and
Hesse lanes to connect to
existing improvements.
• Most of the improvements
will be made within
ACHD's right-of-way.
010410101110011111100
CONSTRUCTION YEAR
Floating Feather is scheduled
for construction in the
summer of 2010 after school
is out.The project will be
completed before school
resumes in the fall.
WHAT'S NEXT?
After public comments ,1111
have been evaluated and
addressed, the plans will be
finalized and ACHD will move
forward with construction.
.•i
CL 3 - 3-i°
November 2009
improving your neighborhood
AN ACNO VEHICLE REGISTRATION EEE PROJECT
ACHD seeking input on pathway
design for Floating Feather Road
The Ada County Highway District (ACHD) is excited to announce that pedestrian
improvements are currently being designed for Floating Feather Road between Ballantyne
and Hesse lanes.
The next step in the design involves you. We need your input on this project. Please review
this newsletter and fill out the enclosed comment card. lfyou prefer, you may comment
online by logging onto ACHD's web site: www.achd ada.id.us and clicking on "Project Page"
under Projects and Studies.
PROJECT PURPOSE
Improve pedestrian safety
Provide a safe route to
school for students
IMPROVEMENTS ON ONE
SIDE OF THE STREET
In an effort to maximize tax
dollars some pedestrian improvement projects are being constructed on only one side
of the street. This enables ACHD to improve pedestrian safety, while at the same time
allowing the District to do more pedestrian projects throughout the county.
The side chosen depends on several factors, including: pedestrian safety, amount of
gaps in existing sidewalk infrastructure, impacts to property owners, and existing ACHD
right-of-way. Every effort was made to choose the side that would increase pedestrian
safety while making the best use of available funds. The north side was chosen for this
project.
YOUR COMMENTS
If you have any comments or concerns about this project, please e-mail projects p
achd,adaid,us or use the enclosed comment card.
All comments will be read and applicable input will be incorporated into the
project design. While your comments are always welcome, they can be best
utilized if received on or before November 30, 2009.
If you would like to request a presentation or personal meeting with the project
manager, please check the appropriare box on rhe postcard or call the projer.
manager, Craig Herndon, at 387-61 18.
continued on back..
3775 Adams Street • Garden City • Idaho • 83714 I ph 208 387 6100
www achd oda.ld us • retrus@achd ado Id us
Connect pathway to
existing pavement.
(tk
LEGEND
PROPOSED 7 ASPHALT PATHWAY
PAVEMENT WIDENING
—+•� — EXISTING RIGHT-OF-WAY
— TEMPORARY CONSTRUCTION EASEMENT
DRIVEWAY RESTORATION
* ADA PEDESTRIAN RAMP UPGRADE
! _. .R.1:4r.K
I` 1 0 1 S' R I A N
ROJEC T
MORE
PROJECT MANAGER
Craig Herndon 1208-387-6118
WEB SITE E-MAIL
www.achd.ada.id.us projects@achd ada.id.us
.0:04114110.
0.....ur.Lr. 5"««..
improving your neighborhood
AN ACRD VEHICLE REGISTRATION FEE PROJECT
To arrange for a translator or other accommodation,
contact ACRD at (208) 387.6100 Se les recomienda
a las personas que neceslten un Int6rprete o ar-
reglos especlales que Ilamen a la coordinadora de
participacl6n pCbllca, al (208) 387-6100.
ACHD
Co n e% 5€' 4'W
March 22, 2010
Honorable Mayor and City Council
City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
Sherry R. Huber, President
Rebecca W. Arnold, Vice President
John S. Franden, Commissioner
Carol A. McKee, Commissioner
Sara M. Baker, Commissioner
Re: Hill Road / Plaza Drive / State Street — Traffic Control Signal Installation Accelerated
Dear Honorable Mayor and Council:
The Ada County Highway District (ACHD) Commission, on March 3, 2010, approved acceleration to install a
traffic control signal at the intersection of Hill Road / Plaza Drive / State Street. The acceleration of this project
includes advancing both design of the signal and also the construction subject to the availability of funds in 2011.
The tentative schedule is to start the design in the first half of April 2010. The recommended construction
acceleration would have construction start in early spring of 2011. This would, based on the recently adopted
2011 — 2015 Five Year Wok Plan (FYWP), advance the project one year.
ACRD staff is looking at having our crews construct the signal and this could potentially advance start of
construction into fall of 2010. However, in the uncertain economic conditions prevailing, ACHD's construction
schedules are also uncertain. Staff will work diligently to accommodate an accelerated schedule, but cannot
guarantee 2011 construction until the Fiscal Year 2011 budget is set. This information is all based on a smooth
flow of tasks to get the design completed.
The intersection will be complete when the Hill Road Extension project is completed in 2012.
ACHD is pleased we are able to accommodate a request from the Eagle Fire Department to accelerate the
construction of a traffic control signal at this location. Installation of this signal will help improve emergency
response as well as improve the safety at this intersection.
Please contact me at 387-6118 or cherndon@&.achdidaho.or2 if you have questions.
Sincerely,
Craig Herndon
ACHD Project Manager
cc: Justin Bledsoe
Dorrell Hansen P.E.
Project File
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208 387-6100 • FX 345-7650 • www.achd.adaidaho.org
6o.w.w Itato
March 23, 2010
TO: Eagle City Council
FROM: Sabrina Anderson, Planning and Programming Manager
SUBJECT: Update on SH 44/Ballantyne/State Street
Sherry R. Huber, President
Rebecca W. Arnold, Vice President
John S. Franden, Commissioner
Carol A. McKee, Commissioner
Sara M. Baker, Commissioner
Planning & Programming
Project involves re -alignment of State& Ballantyne and signalization with SH44.
• Right of way is in process and, if all goes well, will be purchased in FY10.
• Currently, construction is scheduled in the Five Year Work Plan for FY12. However, Commission is working
to identify funds to move it up to FY11. This may occur if funds are available and project progresses on
schedule.
• ACHD is working with Chevron on relocating their valve in the project area from below ground to above
ground, as was done in another location in Eagle. Eagle had some requirements on fencing which will be
addressed by Chevron with the city.
• Interim safety measures are being proposed on SH44 (see attached). These improvements are reported to
be done by ITD sometime this spring.
Attachment: Preliminary Design of Project
Proposed Interim Safety striping and configuration
SH -44 / STATE STREET / BALLANTYNE LANE
REALIGNMENT PROJECT
1 STATE STREET AND
.� j ? BALLANTYNE LANE
TYPICAL SECTION
PROPOSED 3 -LANE COLLECTOR ROADWAY DESIGN
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