Minutes - 2010 - City Council - 09/14/2010 - Regular
EAGLE CITY COUNCIL
Minutes
September 14,2010
PRE-COUNCIL AGENDA: 5:30 p.m. - 6:30 p.m.
1. Field of Honor Report: Kathy Coburn, provides Council a final report on this years Field of
Honor. General discussion. Discussion on proceeding with the planning of the 2011 event.
Council concurs to plan for the 2011 event and to help with promoting the event through
advertising.
Acting Mayor Huffaker presents an appreciation plaque to Kathy Coburn for her commitment
and dedication to the Field of Honor, 2008 - 2010.
2. Ada County Sheriffs Office: Discussion of co-location of services at current City Hall
facility.
Paul Lawrence and Sgt. Jon McDaniel present the relocation proposal to Council. Sgt. McDaniel
distributes copies of the proposed remodeling to relocate the Sheriffs Department into the
existing City Hall Facility and discusses the same. This would be approximately 2,000 sq.ft. We
feel that we can make this work and we will be comfortable. General discussion.
Public Works Director Echeita discusses the cost for remodeling and relocating the PZ file room
files to the Library. The estimated price is approximately $37,000.00. General discussion.
3. Mayor and Council Reports and Concerns:
Semanko: No report
Shoushtarian: Discussion on the signage at the Blue Moose.
Discussion on Arbor Ridge.
Discussion on transmittals from Planning and Zoning and the Historical Commission.
Grasser: No report
Huffaker: No
4. City Clerk/Treasurer Report: Discussion on the Director appointments to the Industrial
Development Corporation. We have two people that responded to our Press Release and I will
give those names to Acting Mayor Huffaker. In the past the third Director has been a member of
Council and this liaison position was handed down to Council Member Grasser. Council
Member Grasser confirms that he will serve as a Director. Appointments to the Corporation will
be on the Council Agenda for September 28th.
5. Zoning Administrator's Report: No report
6. Public Works Director Report: No report
7. City Attorney Report: No report
REGULAR COUNCIL AGENDA: 6:30 p.m.
1. CALL TO ORDER: Acting Mayor Huffaker calls the meeting to order at 6:30 p.m.
2. ROLL CALL: HUFFAKER, SHOUSHTARIAN, SEMANKO, GRASSER. All present. A
quorum is present. Semanko is present by telephone conference.
3. PLEDGE OF ALLEGIANCE: Terry Sayer leads the Pledge of Allegiance.
4. PUBLIC COMMENT:
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Acting Mayor Huffaker: Is there anyone who would like to address the concert series? If so
would you please come up?
Terri Sullivan, 699 E. State Street, the concert is loud not only volume but also base. My child is
in school and goes to bed early and the week days the concerts keep him awake. The last concert
was very, very loud. I would like to see some type of a win/win situation but I don't know what
that would be. The concert before last was ok but this concert was really, really loud. General
discussion.
Shannon Cook, in response to the noise issue, we have heard similar complaints. The last two
concerts we did adjust the stage and the last two shows the stage has been in the same position.
The decimals have been the same for the last two concerts. We have the same concerns and we
don't want to have an issue with anyone. We have a show next Monday night and one on
October 8th a Friday night. General discussion.
Terry Sayer, 2151 W. Forest Hills Court, I am requesting that we pull an update on the petroleum
line that runs through Eagle in the area that the realignment is going to be. I am the President of
my Home Owner's Association and we have had several inquiries from our residents.
Mike Williams, the pipeline is a Chevron pipeline and they have an office in Boise.
Zoning Administrator Vaughn, I would be happy to follow up with the Fire Department and
Chevron.
Nancy Kagos, with all ofthe fires that we have had in Eagle, the residents in Brookwood are
concerned. The homeowners of our subdivision had to agree that no improvements would be
made on the back slope of our subdivision. All of us have weeds and vegetation next to our
property lines. I have talked to the Police and the Fire Department. We would like to be able to
take care of these weeds on the rim area. General discussion.
City Attorney Buxton: I would like to request that ifthere is anyone in the audience here for
9C., I have been working with Allied Waste and Eagle Sewer District and I would request that
we table this item or have it remanded to staff as I believe we have this issue resolved.
Acting Mayor Huffaker: We need to amend the Agenda in regards to our Budget.
Huffaker moves that we add this to the first item of business under Unfinished Business as
Item #7 A and move the rest of the items down. Seconded by Grasser. ALL AYES:
MOTION CARRIES......................
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 Aeainst the City.
B. Request for Noise Waiver: The Eagle Fire Department and Eagle Volunteer
Firefighters Association are requesting a waiver to the noise ordinance to
accommodate their annual Haunted Woods fundraising event. The waiver is
allowed per Eagle City Code 4-9-6D. The event will take place along the
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greenbelt behind Merrill Park on the following dates: October 15-16, 22-23, 29-
30 and take place from dusk until 11 :00 p.m.
C. Alcohol license: Racks LLC, dba: Mickey Ray's Roadhouse BBQ is requesting
a beer and wine license for on premises consumption. The license will be
utilized at 395 W. State St. Ste. A in Eagle. (SKB)
D. Approval of Service Aereement for Park and Facilities Maintenance
Services between City of Eaele and Summer Lawns Inc. for FY 2010-2011.
(ME)
E. Approval of Service Aereement for Landscape Maintenance Services
between City of Eaele and Summer Lawns Inc. for FY 2010-2011. (ME)
F. Award of bid to replace existine hieh pressure sodium luminaries with LED
retrofit units in the existine City-owned street Hehts. Grant monies from the
Office of Energy Resources will be utilized to fund this project. (ME)
G. Contract for Prosecution Services between the City of Eaele and Susan
Mimura for fiscal year 2010-2011. (SKB)
Grasser removes Item #5F.
Huffaker removes Item #5G.
Shoushtarian moves to approve the Amended Consent Agenda, Items #A, B, C, D, and E.
Seconded by Huffaker. Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: Grasser:
AYE: ALL AYES: MOTION CARRIES..............
5F. Award of bid to replace existine hieh pressure sodium luminaries with LED retrofit
units in the existine City-owned street Hehts. Grant monies from the Office of Energy
Resources will be utilized to fund this project. (ME)
Mark Miller, as a citizen I have some concerns and comments about the program. Discusses the
program and the Sustainability Program.
Public Works Director Echeita: Discussion on the program and the specs. The specs that Mr.
Miller brought in were from the City of Boise. Mr. Miller did bring some lights in to display for
the Council. Mr. Miller said he was doing this at no cost to the city. We did work with Boise
Public Works and Mr. Miller. Boise City did some research and came up with revised specs as
the lights they were using went up in price. The specs that we used were copied from the City of
Boise and these were the specs that went with the bid process on the grant. General discussion.
Miles Elligston, 611 N. Palmetto, I'm an Eagle resident and I work as the City of Boise Street
Light Maintenance Electrician and I am Vice-President and Operations Manager of Alloway
Electric, we work as the street lighting electricians for the City of Eagle, discusses the lights
installed in the City of Boise and the costs of the lights. General discussion.
Mark Miller, discussion on the specifications, distributes copies of the specifications to Council.
I have talked to the City of Boise and Alloway is not their sole contractor, only one of their
contractors. Discussion on Boise City lighting.
Grasser moves to continue this item to the September 28, 2010 Council meeting and we
have Mr. Miller and Alloway Electric run their tests with the various colors so we can all
witness the colors. Seconded by Shoushtarian. Discussion. ALL A YES: MOTION
CARRIES.................... ..
5G. Contract for Prosecution Services between the City of Eaele and Susan Mimura for
fiscal year 2010-2011. (SKB)
Huffaker, I wanted to clarify that the contract amount was $45,000.00.
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Susie Mimura: I don't know what Ada County was charging the City above the contract amount.
As to the payment being made the 1 st of the month, I talked to the Clerk and I will submit an
invoice that will be used for the City to make the monthly payment on the first Council meeting
of the month. General discussion on the contract.
Huffaker moves to approve the Contract for Prosecution Services between the City of
Eagle and Susan Mimura for fiscal year 2010-2011. Seconded by Grasser. Huffaker:
AYE; Shoushtarian: AYE; Semanko: AYE: Grasser: AYE: ALL AYES: MOTION
CARRIES.......... ....
PROCLAMATIONS & RESOLUTIONS:
A. Resolution 10-25: A Resolution Authorizing Remote Capture Check Destruction. (SKB)
Acting Mayor Huffaker introduces the issue.
General discussion.
Huffaker moves to approve Resolution 10-25, a Resolution Authorizing Remote Capture
Check Destruction. Seconded by Shoushtarian. ALL AYES: MOTION CARRIES.........
7. UNFINISHED BUSINESS:
A. Budeet Discussion:
Acting Mayor Huffaker introduces the issue.
Huffaker: When the Council voted on the Budget on August 24, 2010 it was the intention of the
Council in approving the budget was not only to lower the overall tax burden to the citizens but
lower the levy rate lower than the 09/1 0 levy rate and when we ended up putting all of the
numbers together after the fact and filled out the form for the County it ended up our levy rate
was just slightly higher. We went to our attorney to find out if there was anything we could do
now that we passed the deadline for submitting our L-2 Form to amend the budget and the L-2
Form so that we can essentially accomplish the intent of the Council. We have been instructed
that we can file for an extension oftime to file the L-2 Form.
General discussion on amending the budget, the extension of time to file the L-2 Form and the
meeting dates with the Ada County Commissioners in regards to the filing the extension oftime.
Council Member Semanko has a plane to catch; he states that he is in favor of authorizing
our City Attorney to send the letter requesting an extension to Ada County and to make
whatever adjustments we need to make to the budget in the form of a reduction to the
reserve. General discussion. Just to be safe we might want to make a $50,000 reduction in
the reserve.
General discussion.
Huffaker moves to instruct the City Attorney to send the letter that she has drafted to the
County and also reduce the official City Reserve from $1,100,000 to $1,050,000 to make
sure that we are actually accomplishing the intent of the Council's voted on budget on
August 24, 2010. Seconded by Semanko. Discussion. (Semanko is no longer on the
telephone conference call) TWO AYES: SHOUSHTARIAN NAY: MOTION CARRIES...
Shoushtarian: Although I liked the idea of bringing the levy rate lower I figure we have to save
that reserve and feel there are some other areas that Council could cut.
Huffaker: We are actually saving the reserve and we will end up with $42,000 more than we
thought. So we did everything we set out to do when we voted on the budget the first time. Now
we are actually having a little bonus.
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B. Discussion Reeardine The 2004 Idaho Power/City Of Eaele Stipulation Aereement As
It Relates To The Collection Of Franchise Fees And The Burial Of Distribution Lines. The
public is encouraged to provide comment on this item. (WEV) This item was continuedfrom
the August 10,2010 meeting.
Acting Mayor Huffaker introduces the issue.
Zoning Administrator Vaughan provides the Council an overview and history ofthe stipulation
Agreement with Idaho Power.
General discussion.
Huffaker moves to continue Agenda Item #B to the October 12,2010 City Council Meeting
and in the mean time we try to solicit public input on if they want to extend this program.
Seconded by Shoushtarian. ALL AYES: MOTION CARRIES.............
C. EXT-03-10/PP-15-06 - Preliminary Plat Extension of Time for The Lofts At Eaele River
Subdivision - Sea 2 Sea, LLC.: Sea 2 Sea, LLC, represented by Shawn Nickel with SLN
Planning, is requesting a two (2) year extension of time for the preliminary plat approval for The
Lofts at Eagle River, an 8 lot (7-residential, I-common), 214 unit multi-family
condominium/townhouse housing development. The 25.37-acre site is located on the south side
of East Riverside Drive approximately 1500 feet west of the intersection of East Riverside Drive
and State Highway 44 at 827 East Riverside Drive. This item was continuedfrom the August 10,
2010 meeting. (WEV)
Acting Mayor Huffaker introduces the issue.
Shawn Nickles, representing the applicant, discusses the applicants need for an extension of
time.
Planner Williams: provides Council an overview of the project and the extension oftime.
General discussion.
Huffaker moves to grant the extension of time as requested for The Lofts At Eagle River
Subdivision. Seconded by Shoushtarian. ALL AYES: MOTION CARRIES.............
D. EXT-05-10/PP-02-06 - Preliminary Plat Extension of Time for Brutsman Subdivision-
Shawn Ross: Shawn Ross represented by Shawn Nickel with SLN Planning, is requesting a two
(2) year extension oftime for the preliminary plat approval for Brutsman Subdivision, a 17 lot
(l2-buildable, I-existing, 4-common) residential subdivision. The 4.86-acre site is located
approximately 1,200-feet south of Floating Feather Road and on the west side of Horseshoe Bend
Road at 10895 Horseshoe Bend Road. This item was continuedfrom the August 10,2010
meeting. (WEV)
Acting Mayor Huffaker introduces the issue.
Huffaker moves to continue Agenda item #7D to the October 12,2010 City Council
Meeting. Seconded by Shoushtarian. ALL AYES: MOTION CARRIES...............
E. Discussion of Mayoral appointment:
Acting Mayor Huffaker introduces the issue.
General discussion.
Huffaker moves to continue Agenda Item #7E to the September 28,2010 City Council
meeting. Seconded by Grasser. ALL AYES: MOTION CARRIES....................
8. PUBLIC HEARINGS:
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A. Ordinance 647 - ZOA-03-08 -Zonine Ordinance Amendment - City of Eaele: The City
of Eagle is proposing to amend Eagle City Code Title 8 "Zoning", Chapter 6, Section 6 and
Chapter 7, Section 3 of the Eagle City Code, and amending Title 9 "Land Subdivisions", Chapter
2, Sections 3 and 4 of the Eagle City Code.
The proposed ordinance amendment, in brief, pertains to approval of extensions of time relative
to conditional use permits, preliminary and final plats, and preliminary and final development
plans for planned unit developments. The ordinance would allow for administrative approval of
a single extension oftime and additional time extensions if approved by the City Council. This
item was continuedjrom the July 13,2010 meeting. (WEV)
Acting Mayor Huffaker introduces the issue.
Zoning Administrator Vaughan discusses the proposed amendments to the Ordinance. General
discussion.
Acting Mayor Huffaker opens the Public Hearing.
No one is signed up to speak and no one from the audience speaks.
General Council discussion
City Attorney Buxton reads Ordinance No. 647 by title only, which is the first reading of
Ordinance No. 647.
Huffaker moves to continue this item to September 28, 2010 and leave the public hearing
open. Seconded by Grasser. ALL AYES: MOTION CARRIES................
B. Ordinance 638 - ZOA-OI-09 - Zonine Ordinance Amendment - City of Eaele: The City
of Eagle is proposing to amend Eagle City Code Title 8 "Zoning", Chapter 2A "Design Review
Overlay District". The proposed ordinance amendment, in brief, is to streamline the approval
timeline process for Design Review applications and to amend the provisions for the use of
Special Signs. This item was continuedjrom the July13, 2010 meeting. (WEV)
Acting Mayor Huffaker introduces the issue.
Zoning Administrator Vaughan provides an overview of the amendments to the Zoning
Ordinance. General discussion.
Acting Mayor Huffaker opens the Public Hearing.
No one is signed up to speak and no one from the audience speaks.
Zoning Administrator Vaughan discusses the proposed amendments to the Zoning Ordinance.
General discussion.
Huffaker reads Ordinance No. 638 by title only, which is the first reading of Ordinance No.
638.
Huffaker moves to continue this item to September 28, 2010 and leave the public hearing
open. Seconded by Grasser. ALL AYES: MOTION CARRIES.................
C. CU-03-10 - Private School Facility - La Mia Terra, LLC: La Mia Terra, LLC, represented
by Shawn Nickel with SLN Planning, is requesting conditional use approval for La Mia Terra
School, a new private school facility. The 4.86-acre site is generally located on the west side of
North Horseshoe Bend Road approximately 1, 150-feet south of East Floating Feather Road at
10895 North Horseshoe Bend Road. (WEV)
Acting Mayor Huffaker introduces the issue.
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Shawn Nickels, representing the application, provides an overview ofthe application for the
Council.
Planner Williams provides an overview ofthe application for the Council.
General discussion.
Acting Mayor Huffaker opens the Public Hearing
Acting Mayor Huffaker closes the Public Hearing
Huffaker moves to approve CU-03-10 - Private School Facility - La Mia Terra, LLC with
the additional condition imposed that the area we talked about tonight where the barn is be
constructed in such a way as to provide a turnaround point for traffic so that it can ingress
close to the school and make a cul-de-sac turn in that area and egress as shown on the
diagram. Seconded by Grasser. ALL AYES: MOTION CARRIES................
9. NEW BUSINESS:
A. Discussion and decision reeardine the City's fundine options for R-O-W acquisition,
landscapine and maintenance (includine temporary eround cover options) for the
landscape medians and landscape islands within the Hill Road extension project - ACHD
Project No. 505030
Acting Mayor Huffaker introduces the issue.
Zoning Administrator Vaughan provides an overview ofthe project. General discussion.
Sabrina Anderson, Planning Department with ACHD, provides ACHD's overview of the project.
General discussion.
Council Member Semanko joins the meeting by telephone conference at 11 :45 p.m.
Huffaker moves to continue Agenda Item #9A to the September 28, 2010 City Council
Meeting and that we instruct Sabrina as we already have to take our requests to ACHD.
Seconded by Shoushtarian. ALL AYES: MOTION CARRIES............
B. Discussion and decision reeardine the City's fundine options for R-O-W acquisition,
landscapine and maintenance (includine temporary eround cover options) for the
landscape medians and landscape islands within the SH 44/ State Street/ Ballantyne Lane
realienment project - ACHD Project No. 307012
Acting Mayor Huffaker introduces the issue.
Zoning Administrator Vaughan provides an overview ofthe project.
General discussion.
Sabrina Anderson, Planning Department with ACHD, provides ACHD's overview of the project.
General discussion.
Huffaker moves to continue Item #9B to the September 28, 2010 City Council meeting and
we ask Sabrina if she would request that we move ahead with the original design and ask
for a deferral of the payment until 2012 with the interim treatment be able to last for 5
years with a possibility of an extension if necessary and also look into the option of an
agreement to eliminate those costs if we were to take over maintenance of those other
areas, the park and rides. Seconded by Grasser. Discussion. Huffaker amends his motion
to delete "with a possibility of an extension" and add "if we need an extension at the end of
5 years we will take it up at that time", second concurs. ALL AYES: MOTION
CARRIES.......................... .
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C. Discussion of the exclusivity provision of the municipal waste franchise aereement with
Allied Waste and the purported use of alternate waste service providers by the Eaele Sewer
District. (MSBT)
Acting Mayor Huffaker introduces the issue.
City Attorney Buxton: I had a discussion with the Sewer's District Legal Counsel and a
discussion with Allied Waste and I would recommend that you remand this back to staff.
So moved by Huffaker. Seconded by Shoushtarian. ALL AYES: MOTION CARRIES......
10. EXECUTIVE SESSION:
A. Personnel matters I.C. 967-2345 (a)
Acting Mayor Huffaker introduces the issue.
Huffaker moves to go into Executive Session in accordance with I.C. ~67-2345 (a) personnel
matters. Seconded by Shoushtarian. Huffaker: AYE; Shoushtarian: AYE; Semanko:
AYE: Grasser: AYE: ALL AYES: MOTION CARRIES..............
Council goes into Executive Session at 12: 10 a.m.
Council discusses personnel issues.
Council leaves Executive Session at 1: 15 a.m.
11. ADJOURNMENT:
Acting Mayor Huffaker adjourns the meeting at 1:16 a.m.
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APPROVED:
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ACTING MAYOR
A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT EAGLE
CITY HALL
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