Minutes - 2012 - City Council - 02/28/2012 - Regular EAGLE CITY COUNCIL
Minutes
February 28,2012
PRE-COUNCIL AGENDA: 5:30 p.m.-6:30 p.m.
1. Farewell to Retiring Library Director Ron Baker. Mayor introduces Ron Baker,Library
Director, and thanks him for his service to the City as the Library Director.
Welcome to Interim Director Janice Campbell, and presentation of Service Award. Mayor
introduces Janice Campbell as the Interim Library Director, presents her with a 22 year Service
Award and a Gift Certificate.
Introduction of Library Board Members, Management Team,Library Staff,Friends of the
Library and Ron's wife,Laurie who is the Museum Curator.
2. Ada County Sheriffs Office Monthly Report: No report
3. Eagle Foothills-BMX Update: Ed Newgen,I run the Eagle Foothills BMX Track and I have a
presentation for you tonight. Presents a power point presentation and provides Council an
overview of BMX,the success of our track, our plans for the future.
4. Mayor and Council Reports and Concerns:
Butler: reports on a meeting he attended in regards to the connection of Plaza Drive. This
connection will help relieve the traffic on State Street and some of our other roads. General
discussion.
Defayette: I'm hearing that people are being asked by the Sheriff to leave the Skate Park and a
lot of people like to ride their bikes at night.
City Attorney Buxton: When the City put the signs up,there was a meeting and Council agreed
to the signage which is consistent with the signage in Boise and Garden City. The parks are
closed from sun down to sun up for safety purposes. It is not in our code. This makes it easy for
enforcement. General discussion.
Discussion on the BAMA meeting. Discussion on the rest rooms at the Sports Complex.
Mayor: reports on the Treasurer Valley Partnership meeting.
Discussion on the Mayor delegating meetings to staff that he feels that are necessary to have City
representation.
5. City Clerk/Treasurer Report: No report
6. Zoning Administrator's Report: No report
7. City Attorney Report: No report
INVOCATION:
REGULAR COUNCIL AGENDA: 6:30 p.m.
1. CALL TO ORDER: Mayor Reynolds calls the meeting to order at 6:30 p.m.
2. ROLL CALL: SEMANKO, GRASSER,DEFAYETTE,BUTLER. All present. A quorum
is present.
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3. PLEDGE OF ALLEGIANCE: Mayor Reynolds leads the Pledge of Allegiance.
4. PUBLIC COMMENT: Ron Marshall,You have a tremendous opportunity to go forth and
fix or do a lot of things that need to done. I have put this in writing. I have a lot of concerns
about things that need to be done and one is the traffic on Eagle Road. Discusses the concerns he
has on Eagle Road. Discusses the Sports Complex and the need to have rest rooms.
Butler: Two of the five people who actually started our Design Review Ordinance and served on
the first Board are here tonight. I would like to recognize Ron Marshall and James Gipson and
thank them for the start and direction they gave Eagle years ago.
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 Against the City.
B. Minutes of February 14,2012.
C. Minutes of February 21,2012.
D. Historic Preservation Commission Appointment: Mayor Reynolds is
requesting the appointment of Joshua Haskett to the Historic Preservation
Commission. Mr. Haskett will be serving a three(3)year term.
E. Parks and Pathways Development Commission Re-Appointments: Mayor
Reynolds is requesting Council confirm the appointment of Amy Honig Aaron
and Rich Talbert to two (2) year terms, and Mary McColl, Jay Walker and
Randy Zollinger to three(3)year terms. (JR)
F. DR-10-12 - Convert a multi-tenant office/personal services building into a
multi-tenant retail/office building - Robert Bruce and Gloria Maheux:
Robert Bruce and Gloria Maheux, represented by James Gipson, are requesting
design review approval to convert a 3,260-square foot multi-tenant
office/personal service building into a multi-tenant retail/office building. The
0.16-acre site is located on the southwest corner of East State Street and South
1st Street at 99 East State Street.(WEV)
Semanko moves to approve the Consent Agenda,Items#A-#F. Seconded by Grasser.
Semanko: AYE: Grasser: AYE; Defayette: AYE; Butler: AYE; ALL AYES: MOTION
CARRIES
PROCLAMATIONS& RESOLUTIONS:
A. Resolution 12-07: Authorizing the destruction of semi-permanent records(SKB)
Mayor introduces the issue.
Grasser moves to pass Resolution 12-07,destruction of semi-permanent records. Seconded
by Butler. ALL AYES: MOTION CARRIES
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7. PUBLIC HEARINGS:
A. A-01-11/RZ-02-11 Annexation and Rezone From RUT (Rural—Urban Transition—Ada
County designation)to R-E-DA(Residential—Estates with a Development Agreement)-
David and Linda Wilhite: David and Linda Wilhite,represented by Shawn Nickel with SLN
Planning, are requesting approval of an annexation and rezone from RUT(Rural—Urban
Transition-Ada County Designation)to R-E-DA(Residential-Estates-one unit per two acres with
a development agreement). The 10-acre site is located 360-feet south of Beacon Light Road and
800-feet east of Ballantyne Lane at 1655 West Beacon Light Road. (WEV)
A.1 PD-02-11 -Parcel Division-David and Linda Wilhite: David and Linda Wilhite,
represented by Shawn Nickel, are requesting approval of a parcel division for the creation of two
(2)parcels. The 10-acre site is generally located 360-feet south of Beacon Light Road
approximately 800-feet east of Ballantyne Lane at 1655 West Beacon Light Road. (WEV)
A.2 WA-07-11 -Waiver of Application Fees—David and Linda Wilhite: David and Linda
Wilhite, represented by Shawn Nickel with SLN Planning, are requesting a waiver of the
application fees associated with the annexation/rezone application#A-01-11/RZ-02-11, in the
amount of$2,600.00,the parcel division application#PD-02-11, in the amount of$300.00, and
the driveway waiver request application#WA-06-11, in the amount of$200.00. The total amount
of the fee waiver request is $3,100.00.
Mayor introduces the issues.
Butler: Discloses ex parte contact with David and Linda Wilhite when he was a planning
consultant. City Attorney Buxton does not see that there is a conflict of interest or peculiarly
interest with regard to this application for Mr. Butler.
Shawn Nickel provides the Council an overview of the project.
Planner Williams,provides Council an overview of the project.
Mayor opens the Public Hearing
Mayor closes the Public Hearing
General discussion.
A-01-11/RZ-02-11 Annexation and Rezone From RUT (Rural—Urban Transition—Ada
County designation)to R-E-DA(Residential—Estates with a Development Agreement)-
David and Linda Wilhite.
Semanko moves to approve A-01-11/RZ-02-11 Annexation and Rezone From RUT(Rural—
Urban Transition—Ada County designation) to R-E-DA(Residential—Estates with a
Development Agreement)-David and Linda Wilhite. Seconded by DeFayette. ALL AYES:
MOTION CARRIES
PD-02-11 -Parcel Division-David and Linda Wilhite.
Semanko moves to approve PD-02-11 -Parcel Division-David and Linda Wilhite.
Seconded by Defayette. ALL AYES: MOTION CARRIES
WA-07-11 -Waiver of Application Fees—David and Linda Wilhite.
Semanko moves to approve WA-07-11 -Waiver of Application Fees with the provision that
this only applies to actual applications fee and not to any pass through engineering or
attorney or other actual costs that would be incurred by the City. Seconded by Defayette.
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Semanko: AYE; Grasser: AYE; Defayette: AYE; Butler: AYE: ALL AYES: MOTION
CARRIES
8. UNFINISHED BUSINESS:
A. Spring Valley Idaho (formerly known as M3 Eagle),represented by Gerry Robbins,
filed a petition with the City of Eagle requesting the formation of a Community
Infrastructure District(CID): Spring Valley Idaho(formerly known as M3 Eagle), represented
by Gerry Robbins,has submitted preliminary formation documents requesting the formation of a
Community Infrastructure District pursuant to Idaho Code Chapter 50, Section 31. The 5,610
acre site is located within the incorporated City limits of the City of Eagle generally north of
Homer Road between State Highway 16 and Willow Creek Road. . The City Council will
consider the formation of the district,the suitability of the district plan and the membership of
the District Board. The request is more specifically described in the preliminary formation
documents on file at the City of Eagle,the Eagle Public Library, and on the City's website at
www.cityofeagle.org. This item was continued from the January 10, 2012 meeting.
A.1 Resolution 11-28: Resolution Of The Mayor And Council Of The City Of Eagle, Idaho To
Form A Community Infrastructure District,Authorize The Levy Of Taxes,Appoint The District
Board And Provide An Effective Date. This item was continued from the January 10, 2012
meeting. (SEB)
Mayor introduces the issues.
Bill Brownley, M3 Companies provides Council an overview of the project,the Development
Agreement for the District Development Agreement No. 1 and I will let your City Attorney
Susan Buxton walk you through that. Provides Council an overview of the CID and the
financing of the infrastructure. General discussion.
Butler discloses ex parte contact in regard to M3. City Attorney Buxton: I don't see that there is
a bias in government act issue here or a conflict of interest issue.
City Attorney Buxton: I was made aware late last week that there is an issue with the CID legal
description. The CID legal description presented with the petition has included in it
approximately 10 acres that is not within the City limits. With that in mind I have asked the M3
and Spring Valley renotice a public hearing with a legal description that takes care of that
clerical error. Any and all testimony that has been heard both orally or written is already part of
the public hearing. General discussion.
City Attorney Buxton reviews the District Development Agreement No. 1. General discussion.
Mayor calls a recess at 8:35 p.m.
Mayor reconvenes at 8:50 p.m.
Continued review of the District Development Agreement No. 1 by the City Attorney and the
City Council.
9. NEW BUSINESS:
A. Administrative support for Mayor, City Hall Departments, Committees and Urban
Renewal Agency:
Mayor introduces the issue.
General discussion.
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10. EXECUTIVE SESSION:
A. Acquisitions of Private Property: I.C. §67-2345(c)
Mayor Reynolds introduces the issue.
Defayette moves to go into Executive Session in accordance with I.C.67-2345(c) for the
discussion on acquisitions of private property. Seconded by Semanko. Semanko: AYE:
Grasser: AYE; Defayette: AYE; Butler: AYE; ALL AYES: MOTION
CARRIES ..
Council goes into Executive Session at 10:30 p.m.
Council discusses acquisitions of private property.
Council leaves Executive Session at 10:45 p.m.
11. ADJOURNMENT:
Grasser moves to adjourn. Seconded by Butler. ALL AYES: MOTION
CARRIES
Hearing no further business, the Council meeting adjourned at 10:45 p.m.
Respectfully submitted:
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CITY CLERK/TREASURER
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AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL
UPON REQUEST.
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