Minutes - 2010 - City Council - 09/28/2010 - Regular
EAGLE CITY COUNCIL
Minutes
September 28,2010
PRE-COUNCIL AGENDA: 5:30 p.m. - 6:30 p.m.
1. Library Director's Report: Ron Baker gives his report and discusses new Library hours.
Friends of the Library will be donating $1000 a month to the Library this next fiscal year to help
purchase materials.
2. Chamber of Commerce Report: Gretchen, Chambe:r President gives a quarterly report,
reviews 20 I 0 Eagle Fun Days and she requests funding consideration from the council. Eagle
Country Christmas will be December 4th from Ilam to 7pm. Discussion on the sign ordinance,
chamber will be presenting recommendations to the council in November.
REGULAR COUNCIL AGENDA: 6:30 p.m.
I. CALL TO ORDER: Acting Mayor Huffaker calls the meeting to order at 6:30 p.m.
2. ROLL CALL: HUFFAKER, SHOUSHTARIAN, SEMANKO (via telephone), GRASSER.
All present. A quorum is present.
3. PLEDGE OF ALLEGIANCE: Jack Jackson, Troop 320 leads the Pledge of Allegiance.
4. PUBLIC COMMENT:
A. Eae:le River Pavilion Summer Concert Series: The public is encouraged to provide
comment on the concert series.
Shawn Nickel 148 N. Second Street, comments on the most recent concert. No new complaints
have surfaced. Last concert ofthis series will be next Friday night.
B. All other comments:
Susan will give a URA presentation on 10/26.
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 pal1t of the City Council's Consent Agenda
approval motion unless specifically stated otherwise.
A. Claims Ae:ainst the City.
B. Minutes of Aue:ust 24, 2010.
C. Minutes of September 14,2010.
D. Appointment to the Industrial Development Board: Acting Mayor Huffaker is
requesting Council confirmation of the appointment of Ron Marshall to a one year
term, Delores Rutledge to a three year term, and Councilman John Grasser to a two
year term on the Board. (MH)
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E. Reappointment to the Eae:le Public Library Board: Acting Mayor Huffaker,
upon recommendation of the Eagle Public Library Board, is requesting the
confirmation of the reappointment of Margo Walter to the Board. Ms. Walter will
be serving a five year term. (MH)
F. LYNX Ae:reement Eae:le Public Library for FY 2010-2011: (Ron Baker)
G. (Third) Amendment to City Hall Buildine: Lease between City of Eae:le and
Hawkins-Smith Eae:le Hall LLC.: (MH}actually the 3rd amendment....
H. Senior Center Van Ae:reement FY 2010-2011: (SKB)
I. Webpae:e maintenance and e:raphic desie:n contract. (SKB)
J. Findine:s of Fact and Conclusions of Law for CU-03-10 - Private School
Facility - La Mia Terra, LLC: La Mia Terra, LLC, represented by Shawn Nickel
with SLN Planning, is requesting conditioml 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)
K. Re-appointment to the Transportation Committee: Acting Mayor Huffaker is
requesting Council confirmation ofthe re-appointment of Mark Miller to the
Transportation Committee. Mr. Miller will serve a one year term. (MH)
Grasser would like to pull items 5C, 5D, 5E and 51 from the consent agenda.
Shoushtarian pulls item 5G. Item 5B pulkd by Huffaker. The applicant is
requesting that item 5J be pulled.
The consent agenda will include items 5A, 5F and 5H.
Shoushtarian moves to approve the Amended Consent Agenda. Seconded by Grasser.
Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: Grasser: AYE: ALL AYES:
MOTION CARRIES..............
Item 5B corrections on the first page, regarding summer concert series, correct spelling of
Creston Thornton. On page 3, discussion regarding new lease, amount should be $142,000.
Huffaker moves to approve item 5B with changes. Seconded by Grasser. ALL
AYE...MOTION CARRIES.
Grasser moves to approve item 5C. Seconded by Shoushtarian. ALL AYE....MOTION
CARRIES.
Grasser notes that the $230,000 salary range for the Planning & Zoning department was gone
over. Huffaker states that the amount is still below the: approved budget amount of $237,000 and
reminds everyone that this department has taken an additional pay-cut of 6-11 % on top of the 5%
cut last year.
Item 5D, Grasser would like a resume from Ron Marshall before approving this item. Ron
Marshall, 740 Palmetto, Eagle, Idaho stands before the: council and gives a verbal resume.
Grasser moves to approve 5D. Seconded by Shoushtarian. ALL AYE...MOTION
CARRIES.
Item 5E, Grasser would like to have a resume to review for Mrs. Walter, prior to approving this
appointment.
Grasser moves to continue item 5E to the next consent agenda on 10/12. Seconded by
Shoushtarian. ALL AYE.. .MOTION CARRIES.
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Item 5G, the only change is from second to third, title i;;hange only. Shoushtarian would like
some language changes, City Attorney Buxton clarifies that this document already states all
necessary items.
Shoushtarian moves to approve item 5G with the title changed from second to third.
Seconded by Grasser. Roll call vote: Semanko: AYE; Huffaker: AYE; Shoushtarian:
AYE; Grasser: A YE...MOTION CARRIES.
Item 51, Grasser would like to know if there is any legal issue with awarding this to a former
employee. City Attorney Buxton says no, the bid was done properly and this is being awarded to
the low bid.
Grasser moves to approve item 51. Seconded by Shoushtarian. Roll call vote: Semanko:
AYE; Huffaker: AYE; Shoushtarian: AYE; Grasser: A YE...MOTION CARRIES.
Item 5J was pulled from the consent agenda by the applicant, Shawn Nickel, 148 N. Second, Ste.
101, Eagle. Mr. Nickel provides information to the City Council.
Huffaker moves to approve item 5J with site specific condition #15 being changed from a
50 foot radius to a 27 foot radius. Seconded by Grasser...ALL AYE...MOTION
CARRIES.
6. PROCLAMATIONS & RESOLUTIONS:
A. A Proclamation declarine: October 23-31, 2010 as Red Ribbon Week in the City of
Eae:le: It is the goal of Red Ribbon Week and the Gem State Young Marines to involve families,
schools, businesses, churches, law enforcement agl~ncies, and services organizations in all
aspects ofthis campaign and establish an atmosphere that supports awareness, education, and on-
going initiatives to prevent illegal drug use.
Acting Mayor Huffaker introduces the issue.
Huffaker moves to instruct the acting Mayor to sign the red ribbon proclamation.
Seconded by Shoushtarian. ALL AYE.. .MOTION CARRIES.
7. UNFINISHED BUSINESS:
A. Award of bid to replace existine: hie:h pressure sodium luminaries with LED retrofit
units in the existine: City-owned street Iie:hts. This item was continued from the September 14,
2010 meeting.
Acting Mayor Huffaker introduces the issue. Council discussion.
Huffaker moves to accept the bid that was recommended by staff with the recommendation
that we get the 3500 kelvin level of lighting for that particular color. Seconded by
Shoushtarian. Roll call vote: Semanko: AYE; Huffaker: AYE; Shoushtarian: AYE;
Grasser: A YE...MOTION CARRIES.
B. Discussion of Mavoral appointment: This item was continuedfrom the September 14,2010
meeting.
Acting Mayor Huffaker introduces the issue. Council discussion. Grasser reports that he spoke
to Mr. Laughlin and Mr. Reynolds. He is not ready to vote on this right now. Would like to
invite both candidates to the 10/12 meeting to address the council and answer questions. Still
questioning an advisory vote. City Attorney Buxton addresses the advisory issue and states that
an advisory election would not be binding. It would still be ultimately up to the council. Mr.
Laughlin, 1390 N. Sevaggio Way, addresses the council in regard to advisory vote discussion.
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C. Discussion and decision ree:ardine: the City's fundine: options for R-O-W acquisition,
landscapine: and maintenance (includine: temporary- e:round cover options) for the
landscape medians and landscape islands within the Hill Road extension project - ACHD
Project No. 505030 This item was continuedfrom the September 14,2010 meeting.
C 1. Cost Sharine: Ae:reement between the City of Eae:le and AHCD for
improvements outlined in item C above.
Acting Mayor Huffaker introduces the issue. City Attorney discusses this item with the council.
Sabrina Anderson, Planning Manager, ACHD addressi~s the council.
D. Discussion and decision ree:ardine: the City's fundine: options for R-O-W acquisition,
landscapine: and maintenance (includine: temporary- e:round cover options) for the
landscape medians and landscape islands within the SH 44/ State Street/ Ballantyne Lane
realie:nment project - ACHD Project No. 307012. This item was continuedfrom the September
14,2010 meeting.
D 1. Cost Sharine: Ae:reement between the City of Eae:le and ACHD for
improvements outlined in item D above.
Acting Mayor Huffaker introduces the issue.
Huffaker moves to move both of these items, 7C, Cl, 7D and Dl to the 10/12 meeting with
the instruction to our attorney that she get togethe." with the attorney from ACHD to work
out the legal linguistics of these agreements with the understanding that the payments that
are discussed would be deferred until fiscal year 2012. Seconded by Shoushtarian.
Discussion. Huffaker amends the motion to apply only to 7C and Cl. Second concurs.
ALL A YE...MOTION CARRIES.
Discussion on 7D and D 1.
Huffaker moves to move 7D and Dl to the 10/12 meeting with the instruction to our
attorney that she get together with the attorney from ACHD to work out the legal
linguistics of these agreements with the understanding that the payments that are discussed
would be deferred until fiscal year 2012. Seconded by Shoushtarian. Discussion. ALL
A YE...MOTION CARRIES.
8. PUBLIC HEARINGS:
A. Ordinance 647 - ZOA-03-08 -Zonine: Ordinanct~ Amendment - City of Eae:le: The City
of Eagle is proposing to amend Eagle City Code Title 8 "Zoning", Chapter 6, Section 6 and
Chapter 7, Section 3 ofthe Eagle City Code, and amending Title 9 "Land Subdivisions", Chapter
2, Sections 3 and 4 ofthe 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. This item was continuedfrom the September 14,2010
meeting. (WEV)
Acting Mayor Huffaker introduces the issue. Council discussion. No one from the public wishes
to speak in regard to this item. Public hearing is left open.
Huffaker reads Ordinance No. 647 by title only, which is the second reading of Ordinance
No. 647. Public Hearing is left open. Seconded by Shoushtarian. ALL AYE...MOTION
CARRIES. This item is continued to the October 12th meeting.
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B. Ordinance 638 - ZOA-OI-09 - Zonine: Ordinance Amendment - City of Eae:le: 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 amend the approval
process for Design Review applications and to amend the provisions for the use of Special Signs.
This item was continuedfrom the September 14,2010 meeting. (WEV)
Acting Mayor Huffaker introduces the issue. City Council discussion. No one from the public
wishes to speak on this item.
Huffaker reads Ordinance No. 638 by title only, which is the second reading of Ordinance
No. 638. This includes changes to #12 that would make the initial extensions an
administrative decision with the opportunity for appeal. The public hearing will remain
open. This item will be continued to 10/12/10. Seconded by Grasser. ALL
AYE.. .MOTION CARRIES.
9. NEW BUSINESS:
A. Discussion and Recommendation for Pedestrian Facility Enhancement Projects within
the City of Eae:le - ACHD Community Proe:rams 2011.
Acting Mayor Huffaker introduces the issue. Discussion. Sabrina Anderson addresses the
Council and answers their questions.
Huffaker moves to accept these recommendations with the addition of #5 constructing
pedestrian improvements (sidewalks, bike facilities) along Floating Feather Road from
Park Lane to Linder Road. Add as #6, construct pedestrian improvements (sidewalks, bike
facilities) along Beacon Light from Hwy 55 to Hwy 16 with the priority being from Hwy 55
to Linder. Seconded by Grasser. ALL AYE.. .MOTION CARRIES.
B. Ordinance No. 648- Amendine: Appropriation Ordinance for Fiscal Year 2010-2011.
Acting Mayor Huffaker introduces the issue. City Attorney Buxton addresses the council.
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 #648 be considered after being read once by title only. Huffaker
reads Ordinance #648 by title only. Seconded by Semanko. Three AYE, one Nay
(Shoushtarian). MOTION CARRIES.
Huffaker moves to adopt Ordinance #648. Second(~d by Semanko. Roll call vote:
Semanko: AYE; Huffaker: AYE; Shoushtarian: NAY; Grasser: AYE...MOTION
CARRIES.
C. Joint Powers Ae:reement between the Ada County Sheriff's Office and the City of Eae:le
relatine: to Law Enforcement Services for FY 2010-.2011. (SEB)
Acting Mayor Huffaker introduces the issue. City Attorney Buxton addresses the council.
Huffaker moves to approve the Joint Powers Agre(~ment between the Ada County Sheriff's
Office and the City relating to Law Enforcement Services of Eagle with the amendment to
paragraph 1.6c as reflected in the memo given to us tonight, in addition to that that there
be a provision that our capital tenant improvements will not exceed $50,000 and that the
paragraph will also reflect that our contract with the Ada County Sheriff's Office will also
be reduced by the savings that they make in rent by moving in to our building. Seconded
by Grasser. Discussion. Maker of the motion and second agree that with above changes
made the Mayor is authorized to sign this agreement. Roll call vote: Semanko: AYE;
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Huffaker: AYE; Shoushtarian: AYE; Grasser: A YE...MOTION CARRIES.
10. REPORTS:
a. Mayor and Council Reports and Concerns: Shoushtarian reports that senior center may need
heating/air repairs. Semanko reports that the TranspOltation Committee will be meeting every
other month rather than monthly now. Discussion on status of bus service with VRT, addressing
problems that exist with park and ride. Mobile home issues, information will be made available
to the council at the next meeting. Arbor Ridge discussion.
b. City Clerk/Treasurer Report: No report.
c. Zoning Administrator's Report: No report.
d. City Attorney Report: No report.
11. EXECUTIVE SESSION:
A. Pen dine: and Threatened Litie:ation: I.c. 67-2345 (f)
No executive was needed.
12. ADJOURNMENT:
Grasser moves to adjourn. Seconded by Shoushtarian. ALL AYES: MOTION
CARRIES.. .
Hearing no further business, the Council meeting adjourned at 9:45 p.m.
Respectfully submitted:
ll~\A~~
- SHARON K. BERGMANN
CITY CLERK/TREASURER
APPROVED:
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AN AUDIO RECORDING OF THIS MEETING IS A V AILABLE AT EAGLE CITY
HALL UPON REQUEST.
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The GTO Consortium
Eagle Public Library is a member of the LYNX!
Consortium, a group of public libraries in southern
Idaho with a shared catalog and reciprocal
borrowing. Your Eagle library card will be accepted
at any LYNX! library listed below.
All patrons are subiect to the rules. fine oolicies,
loan periods. arace periods. and other reaulations
of the library from which materials have been
borrowed. or services reauested.
Ada Community Library
Phone: 362-0181
10664 W Victory Road
Boise, ID 83709
www.adalib.org
Boise Public Library
Phone: 384-4076
Bookmobile: 384-4269
715 S Capitol Boulevard
Boise, ID 83702
www.boisepubliclibrary.org
Caldwell Public Library
Phone: 459-3242
1010 Dearborn Street
Caldwell, ID 83605
http://caldwell.lili.org
Emmett Public Library
Phone: 365-6057
275 S Hayes Street
Emmett, ID 83617
http://emmett.lili.org
Garden City Public Library
Phone: 472-2940
6015 Glenwood Street
Garden City, ID 83714
http://gardencity.lili.org
Hidden Springs Library
(Ada Community Branch)
Phone: 229-2665
5849 Hidden Springs Drive
Hidden Springs, ID 83703
Library! at Cole & Ustick
(Boise Library Branch)
Phone: 570-6900
7557 W Ustick Road
Boise, ID 83704
Library! at Collister
(Boise Library Branch)
Phone: 562-4995
4724 W State St
Boise, ID 83703
Library! at Hillcrest
(Boise Library Branch)
Phone: 562-4996
5246 W Overland Rd
Boise, ID 83705
Meridian Library District
Phone: 888-4451
1326 W Cherry Lane
Meridian, ID 83642
www.mld.org
Meridian Silverstone Branch
Phone: 884-2616
3531 E. Overland Road
Meridian, ID 83642
Nampa Public Library
Phone: 468-5800
101 11th Avenue South
Nampa, ID 83651
www.nampalibrary.org
Star Branch Library
(Ada Community Branch)
Phone: 286-9755
10706 W State Street
Star. Idaho 83669
How Can I g[e!p 9Vly Library?��� �6Cu £i6raiy
F TR
I•E N D SII
OF THE EAGLE PUBLIC LIBRARY
The Friends of the Library is a non-profit
organization that aids the library in many ways. If
you are interested in becoming a "friend," come
into the library at anytime to pick up an application.
Donations
Eagle Library accepts donated items of all kinds,
including books, magazines, and movies. Feel free
to bring donated items to the circulation desk or
arrange to meet staff at the garage door at the
back of the building to unload large donations. Tax
receipts are available upon request. Donated items
are added to our collections or are sold at the
Friends' booksales.
Book a( s
The "everyday booksale" run by the Friends of the
Library is a way to support your library while finding
some inexpensive "reads." Also, be sure to come to
the Friends' large annual booksale in the Fall!
Serf-CFieck
Learn to use the library's two Self -Check machines.
Every time you use Self -Check, you save the
library in staffing costs.
Volunteers
The Library uses volunteers in most of its depart-
ments. Those volunteers working with minors or
seniors must undergo a background check.
Contact Jeanie Comerford at 939-6814 ext. 101
for more information.
100 N. Stierman Way
Eagle, Idaho 83616
Phone: (208) 939-6814
eaglelibrary@cityofeagle.org
www.eaglepubliclibrary.org
For assistance concerning your items,
please phone the automated system
Telecirc. at (208)384-4450 or access your
account on our website.
Hours:
Monday: 9:00 AM to 6:00 PM
Tuesday: 9:00 AM to 8:00 PM
Wednesday: 9:00 AM to 8:00 PM
Thursday: 11:00 AM to 8:00 PM
Friday: 9:00 AM to 6:00 PM
Saturday: 11:00 to 5:00
Obtaining a Lamy Card
Eagle Public Library is a municipal institution be-
longing to the eleven -member LYNX! Library Con-
sortium. Any Eagle resident may apply for a full-
service library card by presenting both photo iden-
tification and proof of current address Those who
live in Boise, Garden City, Meridian, Star, or unin-
corporated areas of Ada County may also get their
library cards from Eagle. If you live outside the
LYNX! area, you may still receive a library card
from Eagle for a yearly household fee of $47.50
(Seniors -$12.00 per person). Patrons who work
within the City of Eagle and live outside the LYNX!
area are granted courtesy library cards, but these
cards may be used only at Eagle Library.
(,'if'CufisL't4fL TOitC16S
Type of Check-out Limit Per Grace Renews
item Period Card Period
Books 28 Days None 2 Days Twice
28 Days
Audio Kits 28 Days None 2 Days Twice
7 Days
New Books 14 Days None None Once
14 Days
Children's 28 Days None 2 Days Twice
Holiday 28 Days
Books
Music CDs 28 Days 10 CDs 2 Days Once
7 Days
Audio Books 28 Days 5 2 Days Once
7 Days
Videos & 7 Days 5 VHS None Once
DVDs 5 DVDs 7 days
Videos & 14 Days 5 VHS None Once
DVDs, 5 DVDs 14 Days
Nonfiction &
Series
Periodicals 7 Days 10 2 Days Once
7 Days
Pamphlets 28 Days None 2 Days Once
28 Days
., Fines
Videos & DVDs
All Other Items
$1.00 Per Day
$.25 Per Day
Where to Rftuni Items
Items may be returned either at the circulation
desk, or to the building and parking lot drops.
When returning items to the drops, be sure that
audio-visual items are placed only in their
designated slots. Library items may also be
returned to any of the LYNX! libraries listed in this
pamphlet, except the Emmett Public Library.
Gast and 1amagedItems
If an item is lost, you must pay the replacement
cost for the item plus a $5.00 processing fee. If the
item is returned within 6 months, the charge will be
waived to $10.00 (maximum overdue fine). Library
items returned damaged will be evaluated by staff.
If the item is damaged beyond repair, you will be
charged the replacement cost plus a $5.00
processing fee.
Missing Parts
If an item is returned with a part missing (example:
a DVD case is returned missing the DVD), you will
initially be charged the replacement cost plus a
$5.00 processing fee. When the missing part is
returned, the charge will be reduced to $5.00.
Internet Po cy
Eagle Library provides free, filtered Internet access
to all. Patrons 18 and older may request unfiltered
access. The Library does not condone use of its
Internet stations to access pornographic, illegal, or
other inappropriate sites.
rroat amf Inter -Linty Loans
If you are looking for a particular book, magazine,
or AV item that our library doesn't own, we can
usually get the item for you from a nearby library.
Please be aware that when checking out items
from other libraries, the policies and procedures of
the loaning library apply. If none of our nearby con-
sortium libraries has what you are looking for, it
may still be possible to obtain the item through
Inter -Library Loan (ILL). Ask for an ILL form at the
circulation or reference desks.
(Youth Programs
Eagle Library offers an assortment of exciting
programs for children and young adults year
around. These programs include storytimes and
our annual summer reading program. The library
issues a monthly calendar of programs, which is
also available on its website. Please join us during
our weekly or special programs throughout the
year.
Adult Programs
Eagle Library offers a variety of educational and
entertaining programs for adults throughout the
year. These programs cover a wide array of
subjects such as computer instruction, genealogy,
gardening, bird watching, and author and musician
presentations. Check the library website for more
information.
JouseCaas
HouseCalls is a program available to homebound
patrons to ensure that they are able to enjoy library
materials and services. Home delivery is available
to any patron living in the Eagle postal area who is
homebound due to illness, age, infirmity, or disabil-
ity. If you are interested in this service, call Janice
Campbell at 939-6814 ext. 3 for more information.
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP
Ordinance 647 - ZOA-03-08 -Zoning Ordinance Amendment — City of Eag
September 28, 2010
TESTIFY PRO/ CON or
NAME ADDRESS YES/NO NEUTRAL
EAGLE CITY COUNCIL.
PUBLIC HEARING SIGN-UP
Ordinance 638 - ZOA-01-09 -Zoning Ordinance Amendment — City of Eagle
September 28, 2010
TESTIFY PRO/ CON or
NAME ADDRESS YES/NO NEUTRAL