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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) Page I KICQUNCILIMINUTESITemporary Minu'es Work AreaICC-3-2J-IOmiodoc 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 Page 2 KICOUNCILIMINUTESITemporary Minule, Work AreaICC-3-23-10min.doc 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. Page 3 KICOUNCILIMINUTESITemporary Minule, Work AreaICC-3-2J-lOmindoc 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 Page 4 KICOUNClLIMINUTESITemporary Minule, Work AreaICC-J-2J-lOmin.doc 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. Page 5 KICOUNClLIMINUTESITemporary Minule, Wnrk AreaICC-3-2J-lOmindoc 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: ",.......... ", -. ~ ..", of EAG .... 11.. ..' ..c~ ......... z/;, ", _(j~. ~ I~~~ .' '.,'00 o..c. .:.sHARON K. BERGMANN ! 0/0<f-VORAI'(/... \ ::0 :-:. CITY CLERK/TREASURER ~ * ~ -. -: L ;:: ~ ~ .......1-: SEn. ~"o: _ . ('> ~<:J ..~ ... APPROVED: ':0.. <J>-,.....~I/POR~:...,;:.' ...... .., ./' ...... \) 'to - ..... ......, -1l'E Of \ ",,, """"11 I" I"~"~ MICHAEL HUFF COUNCIL PRES A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT EAGLE CITY HALL Page 6 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 a 4• WHITE T. 4N., R. 1E., B.M. Eagle, Idaho Pop. 3,500 (1990 Census) R/M R/W 01 S SFA. 9.31 SA.(' 5o 4. 4' WHITE 2-4' YELLOn 4' WHITE SKIP 2-4' TELLOn — ---- — —1I 1 — ▪ — _ _ Le • 0 9/ tl 2' SOLO YELLOW •4 • -------------- 4' WHITE REV SI ,`l,$ 1ltr tun 0 4 N • 10' BIKE PATH J. MURRAY L. STROUGH J. MURRAY 1 cTRtN1f.H Scale 20 10 0 20 SCALES SHORN ARE FOR 22' X 34' PEONY Y CAOD FILE NO. 2021PM23.0GN .1 ORAMMG UAl E. nett int Foot navevea)..--wvelk 40 wKf P �ArN NOM PAVEMENT MARKINGS ARE TO RE PLACED UT STATE FORCES. IDAHO TRANSPORTATION DEPARTMENT DISTRICT 3 1 FLUERAL AA) Y104E0T STP -F-3271 (033) REGION 10 l IDAHO L Lug: roti: z SIGNING ANO PAVEMENT MARKING FLAN EAGLE ALTERNATE ROUTE ,Kto PRoF S.H. 44 Nc 1 STA 852+00 TO 858+00 .79 z