Minutes - 2012 - City Council - 12/11/2012 - Regular EAGLE CITY COUNCIL
Minutes
December 11,2012
PRE-COUNCIL AGENDA: 5:30 p.m.-6:30 p.m.
1. Mayor and Council Reports and Concerns: Defayette states she has been approached by
several developers regarding potential development projects and she is interested in finding a
way to convey active, pending and expired projects to those looking at bringing developments
forward. Butler: no report. Grasser states that the Sewer District is working with Spring
Valley District and determining if they will provide services to the District. They also took
action on the Mace Road lift project to move it forward. The Sewer District also annexed in
the Wilson property. Having just come from the Eagle Police Department Team meeting,
Mayor Reynolds questions the status of the misdemeanor sections of Eagle City Code, as well
as applicable laws within Eagle Island State Park. City Attorney Buxton will follow up with
Prosecuting Attorney Mimura.
2. City Hall Department Supervisor Reports: Building Official, Steve Nash states he is now a
Board Member on the Board Building Safety Professionals of Southern Idaho associated
with IDABO. He has also been working with Mike Aho to build an enclosure for the glass
recycling bins. He has obtained quotes for a wooden structure vs. a concrete block wall for
approximately $3000. Council Member Butler states that cedar would not comply with
Eagle City Code,but perhaps a lap side type material would work. Discussion. They are
looking at revisiting the mechanical and plumbing fee schedules as they have not been
updated for several years. Public Works Director, Mike Aho addresses recent HV/AC issues
at the Library. He is also looking into the crash pads at Merrill Park, has walked the Dry
Creek pathway near the Nazarene Church, as well as the Legacy site. Library Director Steve
Baumgarner provides the monthly statistics for the month of November. Zoning
Administrator Bill Vaughan addresses a letter from Pastor Tim Bunn regarding proposed site
improvements and potential pathway easements. An update is given on the Hoffer property
and the meeting that has taken place between Buxton and Vaughan and Mr. Hoffer and his
legal counsel. Chief Borgquist makes himself available for questions. Discussion regarding
code enforcement. Deputy Clerk Osborn, states the auditor was here last week and the
Clerk's Office was very busy with that process. We have also been busy with year end
processes for payroll and accounts payable,renewals of business licenses and dog tags.
Deputy Clerk Horton has been working on the CID task list that Sharon left for her. A very
busy time of the year for the Clerk's Office staff.
3. 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 6:35 p.m.
2. ROLL CALL: SEMANKO,GRASSER,DEFAYETTE, BUTLER. All present. A quorum
is present.
3. PLEDGE OF ALLEGIANCE: Mayor Reynolds leads the Pledge of Allegiance.
4. PUBLIC COMMENT:
Semanko amends the agenda to add item 5F Advertising agreement with Eagle Arts
Commission and The Independent News to the Consent Agenda. Seconded by Butler. ALL
AYE. MOTION CARRIES.
Semanko notes the good faith reason why this wasn't included 48 hours before the meeting is
that it was just brought to Council's attention as something that the Arts Commission needed.
5. CONSENT AGENDA:
Page I
K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-12-11-12min.doe
♦ 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. Lease Agreement between the City of Eagle and Bob's Kettle Korn: (MA)
C. Minutes of November 13,2012.
D. Minutes of November 27,2012.
E. Findings of Fact and Conclusions of Law for RZ-09-08 MOD2 —
Modification to Development Agreement(Instrument#109109347)—
Matthew Smith: Matthew Smith is requesting modification to the development
agreement(Instrument#109109347)associated with the R E-DA(Residential-
Estates with a development agreement)zoning classification for Springhaven
Subdivision. The 14.07-acre site is generally located on the south side of East
Beacon Light Road approximately 1,984 feet east of the intersection of North
Eagle Road and East Beacon Light Road at 671 East Beacon Light Road. (WEV)
F. Advertising agreement between the Eagle Arts Commission and The
Independent News.
Semanko moves to approve the Consent Agenda items A-F and ask for a roll call vote..
Seconded by Grasser. Semanko: AYE: Grasser: AYE; Defayette: AYE; Butler: AYE;ALL
AYES: MOTION CARRIES
6. PROCLAMATIONS&RESOLUTIONS: NONE
7. UNFINISHED BUSINESS:
A. A-03-12/RZ-03-12/PPUD-01-12/CU-03-12/PP-01-12—Lanewood Planned Unit
Development-Lanewood Eagle,LLC: Lanewood Eagle LLC, represented by Shawn
Nickel with SLN Planning, is requesting a rezone from RUT(Rural-Urban Transition—Ada
County designation)to R-3-DA-P(Residential up to three units per acre with a development
agreement PUD), conditional use, preliminary development plan, preliminary plat approvals
for Lanewood Planned Unit Development, a 90-lot(80 buildable and 10 common)residential
subdivision. (WEV) (est. 20 min.)
Mayor Reynolds introduces the item.
Discussion.
Shawn Nickel, 1589 N. Estancia Eagle, Idaho representing Lanewood LLC., he has reviewed the
proposed language for the development agreement and his client is satisfied with it.
Butler moves to approve A-03-12/RZ-03-12,the development agreement rezone with the
changed language in the development agreement for item 3.6. Seconded by Semanko. ALL
AYE...MOTION CARRIES.
A.1.:Findings of Fact and Conclusions of Law for A-03-12/RZ-03-12/PPUD-01-12/CU-03-
12/PP-01-12—Lanewood Planned Unit Deveopment-Lanewood Eagle,LLC: Lanewood
Eagle LLC, represented by Shawn Nickel with SLN Planning, is requesting a rezone from
RUT(Rural-Urban Transition—Ada County designation)to R-3-DA-P(Residential up to
three units per acre with a development agreement PUD),conditional use,preliminary
development plan,preliminary plat approvals for Lanewood Planned Unit Development, a
90-lot(80 buildable and 10 common)residential subdivision. (WEV)(est. 5 min.)
Page 2
K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-12-11-12min.doc
Butler moves to approve the findings of fact and conclusions of law. Seconded by Semanko.
Discussion. Shawn Nickel states he has not received the findings for review and would ask that
this item not be acted on until he has had time to review the item. Butler withdraws his motion,
second concurs.
Butler moves to put move this item to the 1st meeting in January. Seconded by Semanko.
ALL AYE...MOTION CARRIES.
B. Review and Discussion of Draft Ordinance 688: An Ordinance Of The City Of Eagle,Ada
County, Idaho,Amending To Title 4,Chapter 5, Section 2 And Adding A New Section Of
The Eagle City Code, Inserting Regulations For Animals On Public Property. MA (est. 15
min.)
Mayor Reynolds introduces the item.
Parks & Recreation Director Mike Aho reviews the proposed language. Semanko inquires about
retractable leases and incorporating language into this draft. Discussion.
Councilman Grasser leaves the meeting at 6:50 p.m.
Butler moves to continue this item to the 1st meeting in January. Seconded by Defayette.
Discussion. ALL AYE...MOTION CARRIES.
8. PUBLIC HEARINGS:
A. RZ-16-06 MOD &PP-02-12—Lions Gate Subdivision—Lazarus LLC: Lazarus,LLC,
represented by Lance Warnick with Aspen Engineers, is requesting a development agreement
modification and preliminary plat approval for Lions Gate Subdivision a 32-lot(25
buildable, 7 common)residential subdivision. (WEV)(est. 1 hr.)
Mayor Reynolds introduces the item.
Lance Warnick 2422 12th Ave. Road 323 Nampa, Idaho,with Aspen Engineers representing
Lazarus LLC. reviews the application. They are requesting minor modifications to one of the
conditions see tape.
Zoning Administrator Vaughan reviews the staff report and conditions of approval. Discussion
regarding setbacks,parking in driveways and open space lots.
Mayor opens the public hearing.
Becky Walters 2104 W. Floating Feather Road Eagle, Idaho. She lives north of the project. She
inquires as to why the subdivision entrance is not aligned with the entrance of the subdivision
that is on the opposite side of the road as was seen in previous applications on this property.
Discusses bus stops and wondering if it could be aligned. Butler comments that ACHD tends to
like the offset to help reduce traffic accidents.
Lance Warnick rebuts testimony. He addresses the setback concern. He feels that 50' would be
onerous, but perhaps 35' could be discussed further. Discussion. Mr. Warnick states that ACHD
does prefer the offset and it meets their minimum requirements. Discussion regarding the
requirements of New Dry Creek Canal Company.
General discussion.
Butler moves to approve RZ-16-06 MOD &PP-02-12 for Lions Gate Subdivision with the
standard and site specific conditions of approval with the following changes. Site specific
condition#12:An additional line be added that a written license agreement executed
between the New Dry Creek Ditch Company and the applicant be provided prior to the
City Council approving a final plat. Discussion. Strike what was said for#12,and restate
it: #12: Strike the line that says: the letter shall be provided with the submittal of the final
plat application,and a new line shall say a written license agreement executed between the
New Dry Creek Ditch Company and the applicant shall be provided with the submittal of a
final plat application. Discussion. Semanko suggests language#12: Provide a copy of a
Page 3
K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-12-11-12min.doe
written agreement executed by New Dry Creek Ditch Company,approving any
construction plans. The agreement shall be provided with the submittal of the final plat
application. Butler states that is his motion for condition#12. Modify item#15: to say 35'
instead of the 50' or 25'. Modify condition#16 to say: The berm shall be constructed with
a 2.5 to 1 slope on the Plunkett property and 3 to 1 slope on the applicant's property.
Meaning 15' of the berm will be on the Plunkett property and 18' of the berm will be on
the applicant's property. The next line: The applicant shall construct a 6' high solid vinyl
fence(which may have some lattice at the top)on top of the berm. A recorded easement
for the berm shall be executed between the Plunkett's and the applicant with conditions
acceptable to the Plunkett's and the applicant. The berm landscaping,fencing shall be
reviewed and approved by the Design Review Board. Seconded by Defayette. Discussion.
Butler amends his motion to change the one with regard to the slope,so where it talks
about slopes it says "max. of 3 to 1 and max. of 2.5 to one". And add another line to the
language with regard to the easement. That says easement language shall be worked up
that is acceptable between the applicant and the City Attorney also. Second concurs.
Butler states that an easement note on the plat would be acceptable vs. a separate
agreement. Discussion. THREE AYE...MOTION CARRIES.
Grasser returns at 7:25 p.m. abstains as he missed the bulk of the testimony and discussion
regarding this matter.
9. NEW BUSINESS: NONE
10. ADJOURNMENT:
Semanko moves to adjourn at 7:30 p.m.. Seconded by Defayette. ALL AYES: MOTION
CARRIES...
Hearing no further business,the Council meeting adjourned at p.m.
'es.ectfully submitted:
•••..,,,,,•O R r
,..•..
•••
•_ � _ ems , .:
SHARON K. BERGMANN '* = 'Kt nk �' •
CITY CLERK/TREASURER
,- • •S A� •
••.,- :
/"ROVED: � � • 't :je
AMES D. REYNOLD
MAYOR
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL UPON
REQUEST.
Page 4
K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-12-11-12min.doc
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP
RZ-16-06 MOD & PP -02-12 — Lions Gate Subdivision— Lazarus LLC:
December 11, 2012
NAME
TESTIFY PRO/ CON or
ADDRESS YES/NO NEUTRAL,
'22 / 2T9' 3 2a
a(0-4_{ Le) igto G--(
�nliiI'uluxlIBRAIO
Monthly
Circulation
Children's Collection
Teen Collection
Adult Collection
Other (includes ebooks)
sub -total
In-house
Self -Checkout
Amount
Percent of Total Circulation
Gate Count
Exterior
Interior
New Card Registrants
Eagle
Non -Resident
November 2012 Statistics
Nov -12 Nov -11 t%
9502 9645 -1.5%
1248 1433 -12.9%
12038 12628 -4.7%
180 0 n/a
22968 23706 -3.1%
1801 2259 -20.3%
Total 24769 25965 -4.6%
Programs
Total Number of Programs
Children in Attendance
Teens in Attendance
Adults in Attendance
Total Program Attendance
Computer Use
Adult
Children
Nov -12 Nov -11
2987 3976
12.1% 15.3%
Fiscal Year Cumulative
Circulation
Children's Collection
Teen Collection
Adult Collection
Other (includes ebooks)
In-house
12/11/2012 5:16 PM
FY11-12 FY 10-11 t%
19565 19209 1,9%
2485 2852 -12.9%
23545 24861 -5.3%
403 0 n/a
sub -total 45859 46922 -2.3%
±% Self -Checkout
-24.9% Amount
-20.7% Percent of Total Circulation
Nov -12 Nov -11 t%
n/a n/a n/a
12469 12725 -2.0%
Nov -12 Nov -11 t%
87 83 4.8%
1 0 n/a
Nov -12 Nov -11 i%
24 20 20.0%
327 445 -26.5%
1 0 #DIV/0!
297 202 47.0%
625 647 -3.4%
Nov -12 Nov -11 ±%
1258 1339 94.0%
#DIV/0!
Gate Count
Exterior
Interior
New Card Registrants
Eagle
Non -Resident
3519 4138 -15.0%
Total 49378 51060 -3.3%
Programs
Total Number of Programs
Children in Attendance
Teens in Attendance
Adults in Attendance
Total Program Attendance
Computer Use
Adult
Children
FY11-12 FY 10-11 t%
6575 8248 -20.3%
13.3% 16.2% -17.6%
FY11-12 FY 10-11 t%
n/a n/a n/a
26813 25942 3.4%
FY11-12 FY 10.11 i%
222 166 33.7%
1 0 n/a
FY11-12 FY 10-11 t%
59 42 40.5%
801 927 -13.6%
50 5 900.0%
655 470 39.4%
1506 1402 7.4%
FY11-12 FY 1011 ±%
2639 2720 97.0%
n/a n/a n/a
(1/-W////
Eagle City Hall
660 E. Civic Ln./P.O. Box 1520
Eagle, Idaho 83616
(208) 939-6813 (ext.201) fax (208) 939-6827
A memo from the Sr. Deputy City Clerk/Treasurer
To: Mayor Reynolds & City Council
CC:
From: Tracy E. Osborn, CMC
Date: December 11, 2012
Re: Agenda addition - Advertising Agreement
Linda Butler, the Arts Commission Chairman, forwarded this agreement to the Clerk's Office
yesterday. Chairman Butler indicates that the expenditure for the advertising agreement
between the Arts Commission and The Independent News was approved at the Commissions
last meeting.
City Attorney Buxton desires Council approval on any agreement.
Therefore we are requesting the addition of the Advertising Agreement with The Independent
News be added to tonight's Council agenda for action.
The Independent News
PO Box 2541
Eagle, ID 83616
208-550-3111
theindn ews.story(c7gmail.com
Advertising Agreement
Date: 1117112
This document will serve as an Advertising Agreement between The Independent News ("TIN') and:
Advertiser: City of Eagle — Eagle Arts Commission Telephone: 939-6813
Billing Address: P.O. Box 1520 City: Eagle . Zip: 83616
Agreement: sharon al�citvofeaale.ora
Email Address: Ads/Insertions linda@)shoosecondavenue.com Ad Size: 116th page: 5" x 5" Cotor1B&W: Color
Premium Position (100/4: NA Art Service/Camera Ready? M Service Advertising will commence
in the Nov 30th issue and between 11/30/12 & 10/30/13 for 6 non-consecutive issues at a cost of $208.00 per issue.
DEADLINES: 1. 1f we build your Ad, copy & Logos due before l0"'. OR 2. Camera ready due before the 15th.
It is advertiser's responsibility to notify us by 1) rhe 10" of the month of any changes in ad OR 2) ro provide new
artwork by the 15h of the month.
Payment choice: Check or Credit/Debit Card: Check
Credit or debit card ("Card") payment choice authorizes TIN to bill each month your Card for the Ad cost/issue or
any approved change in any issue's Ad size and type that run during this Agreement or its renewal(s). Billing is prior
to issue's publication date. An Invoice marked paid is sent to Advertiser for each Card billing.
This authorization remains valid for 30 days after the term of this Agreement or its renewals or until TIN receives
final payments due.
TERMS:
1. Payment for ad's first issue is due upon Advertiser's approval of this Ad Agreement. Subsequent payments are
due upon receipt of invoice or Card billing. Account must be current to run Ad.
2. Discounted advertising rate off the one or two issue rate is based on CONSECUTIVE issue advertising. If during
the term of this Agreement Ad does not run consecutive months or if Agreement is terminated early, by Advertiser
or by 71N due to Advertiser's failure to make timely payment, then Advertiser agrees to pay the per -issue rate
difference between this Agreement's consecutive issue rate and the actual consecutive issue rate the Ad ran for.
Advertiser's payment will be made according to the terms herein.
3. Invoices not paid in full by the 10t of month following invoice date are subject to a late charge of $20.00.
4. If payment is by Card It is advertiser's responsibility to notify TIN immediately of any Card changes, including but
not limited to, Card number, expiration date, billing address, etc. Failure to notify TIN of such changes prior to
monthly billing, where Card issuer rejects billing, may result in a $20.00 late charge
5. If Advertiser is an agency acting on behalf of a client for ad placement and payment, agency and its client shall be
jointly and severally liable for payment and compliance with this Agreement's terms and conditions.
6. This Agreement shall be only upon the terms herein stated and any dlfferent terms, including terms in any
purchase or insertion order, will be of no effect.
7. Advertiser agrees to Indemnify TIN for all expenses incurred in connection with the collection of amounts payable
under this agreement, including collection fees, court costs, and attorney's fees.
Advertiser: (Approvals sent via email by advertiser are equivalent to a signed hardcopy of this Agreement)
Print Name: Sharon Bergmann, CMC Tide: City CierklTreasurer
Signature: Date:
If Advertiser is an agency:
Client name: Address:
City: State:
Thank you for advertising with us!
3
Zip:
Tracy Osborn
From: Linda Butler <lindabutler58@gmail.com>
Sent: Monday, December 10, 2012 3:22 PM
To: Tracy Osborn
Subject: Fwd: Contract with The Independent News
Hi Tracy,
We did approve the expediture of advertising next year with The Independent News in our last meeting.
Will you let Randy know if you can take care of this, or if we have to wait until Sharon gets back?
Thanks, Linda
Forwarded message
From: Randy Miskimon <randvr.theindnews@mail.com>
Date: Mon, Dec 10, 2012 at 2:46 PM
Subject: FW:
To: Linda Butler <linda@,shoosecondavenue.com>
Cc: Linda Butler <Iindabutler58(2i grail.com>
Just checking if Sharon received your approval yet? If she hasn't what may be the timing?
Ciao,
Randy
From: Randy Miskimon[mailto:randvm.theindnews(aamail.com1
Sent: Monday, November 26, 2012 9:51 AM
To: 'Linda Butler (Iinda(shoosecondavenue.comV
Subject:
Hi Linda,
Hope you, Mark and family had a great Thanksgiving.
Was checking with the advent of last week's Arts Commission meeting does Sharon have everything to sign off
on the annual Ad Agreement emailed earlier in the month?
1