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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) Page] K'\CQUNCfL\MfNUTES\Temporary Minules Work Area\CC -09-28-1 Omin.doc 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. Page 2 K\COUNCILIMINUTES\Temporary MinUles Work Area\CC-09-28-10min.doc 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. Page J K.\CQUNCIL\MINUTES\Temporary Minutes Work Area\CC-09-28-IOmin.doc 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. Page 4 K:\COUNCIL\MTNUTES\Ternporary Minutes Work Area\CC-09-Z8.10min.doc 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; Page 5 K:\CQUNCIL\MINUTES\Temporary Minutes Work Area\CC~09-28-IOmin doc 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: \l\.1I1I1111 "" "# ", \1Y Op "" .... G......../i''''1', ," ..- ... 0.... f *" ... CORPO~ ... <" \ -: -1,? ~ ~ ~ ~ : ~. ~: : : r,J) :i S cy '" : : ~ ...;\ ...~ ~-4 I : *" ,'. ":. 7 -.-..pAO .l......, 0,'1.'..- ,,'" ...... />.l'. ...I?..\ TED ~.. .... f/I~'" ...... 0 " """ 0 P I D po, \\ ..... ""''''.''I'''''~ AN AUDIO RECORDING OF THIS MEETING IS A V AILABLE AT EAGLE CITY HALL UPON REQUEST. Page 6 K.\CQUNCIL\MINUTES\Temporary MinUles Work Area\CC-09-28-IOmin,doc 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