Minutes - 2009 - City Council - 10/27/2009 - RegularEAGLE CITY COUNCIL
Minutes
October 27, 2009
PRE -COUNCIL AGENDA: 5:30 a.m. - 6:30 a.m.
1. Ada County Sheriff's Office: Monthly Report. Chief Hippie distributes the monthly report
and discusses the same. General discussion.
2. Presentation by Alan Westenskow with Zions Bank regarding City Hall bonding. Alan
Westenskow distributes a packet of information and discusses the same. General discussion.
3. Mayor and Council Reports: None
4. City Clerk/Treasurer Report: None
5. Zoning Administrator's Report: None
6. Public Works Director Report: None
7. City Attorney Report: None
REGULAR COUNCIL AGENDA: 6:30 D.M.
1. CALL TO ORDER: Mayor Bandy calls the meeting to order at 6:45 p.m.
2. ROLL CALL: HUFFAKER, SHOUSHTARIAN, SEMANKO, JACKSON-HEIM. All
present. A quorum is present.
3. PLEDGE OF ALLEGIANCE: Council Member Shoushtarian leads the Pledge of
Allegiance.
4. PUBLIC COMMENT: Patricia Minkiewicz, I was invited last month to have lunch with
the Eagle Seniors' and I am delighted to see that their parking lot is being worked on and soon to
be done.
Mayor: We have several housekeeping items to take care of.
Huffaker moves to add to the Agenda as Item #9B discussion on meeting date for Council
to canvas the votes from the November 3" election; remove Item #8A and remand to the
staff; Item #7A the applicant has requested to remove this item and remand to staff.
Discussion. Huffaker: I will also include in my motion that Item #7B be remanded to
staff. Seconded by Jackson -Heim. 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 Against the Citv.
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B. Findings of Fact and Conclusions of Law for A-07-09/RZ-09-09 & PP/FP-01-
09 - Annexation And Rezone From RUT to A -R -DA and Combined Preliminary
and Final Plat for Sulik Subdivision — Paul and Susan Sulik: Paul and Susan
Sulik are requesting annexation and rezone with development agreement from RUT
(Rural Urban Transition) to A -R -DA (Agricultural -Residential — up to one (1) unit
per five (5) acres with a development agreement) and combined preliminary plat and
final plat approval for Sulik Subdivision, a two (2) lot residential subdivision. The
10.01 - acre site is generally located on the north side of W. Beacon Light Road
approximately 1,280 feet east of Hartley Road at 6344 W. Beacon Light Road.
(MJW)
C. Findings of Fact and Conclusions of Law for A-08-09/RZ-09-09 - Annexation
and Rezone From RUT (Rural — Urban Transition — Ada County designation)
to A -R -DA (Agricultural — Residential with a Development Agreement) M3
Ewa le, LLC: M3 Eagle, LLC, represented by Gerald Robbins, is requesting an
annexation and rezone from RUT (Rural -Urban Transition -Ada County Designation)
to A -R -DA (Agricultural -Residential one unit per five acres with a development
agreement). The 103.9 -acre site consisting of four (4) parcels is generally located on
the west side of N. Hartley Road approximately 3,050 feet north of W. Beacon Light
Road at 4151 N. Hartley Road. (MJW)
D. Findings of Fact and Conclusions of Law for A-09-09/RZ-10-09 -
Annexation and Rezone from RP and RR (Rural Preservation and Rural
Residential - Ada County Designations) to PS (Public/Semipublic) - City of
Eagle: The Bureau of Land Management (BLM) has consented to allow the City of
Eagle to annex property associated with the proposed Eagle Regional Park. The City
of Eagle is requesting approval of an annexation and rezone from RP and RR (Rural
Preservation and Rural Residential — Ada County Designation) to PS
(Public/Semipublic). The 1,644.54 -acre site is generally located in the foothills north
of Homer Road approximately 2,560 -feet east of State Highway 16 and 4,500 -feet
west of Willow Creek Road. (MJW)
E. Findings of Fact and Conclusions of Law for A-10-09/RZ-11-09 - Annexation
and Rezone from RP (Rural Preservation — (Ada County Designation) to PS
(Public/Semipublic) - City of Eagle: The Bureau of Land Management (BLM) has
consented to allow the City of Eagle to annex public land to facilitate the creation of
the proposed Eagle Regional Park. The City of Eagle is requesting approval of an
annexation and rezone from RP (Rural Preservation — Ada County designation) to PS
(Public/Semipublic). The 277.81 -acre site consisting of two (2) parcels (parcel
numbers S0220438500 and S0221233800) is generally located approximately 0.5
miles north of the intersection of Quarter Circle Drive and Willow Creek Road
adjacent to each side of Willow Creek Road. (MJW)
F. DR -77-05 MOD2 — Modification to the Common Area Landscapine within
Corrente Bello Planned Unit Development — Gemstar Development, LLC: Gemstar
Development, LLC, represented by Scott Noriyuki with Northside Management. is
requesting a modification to the design review application for the common area
landscaping within Corrente Bello Planned Unit Development. The 94.89 -acre site is
located on the north side of Floating Feather Road approximately %2 -mile west of Eagle
Road on the west and north sides of Eagle Middle School.(WEV)
G. Minutes of October 13, 2009.
Semanko removes Items #5A and #5G from the Consent Agenda.
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Mayor I would entertain a motion to approve the Consent Agenda as amended.
So moved by Jackson -Heim. Seconded by Shoushtarian. Huffaker: AYE; Shoushtarian:
AYE; Semanko: AYE: Jackson -Heim: AYE: ALL AYES: MOTION CARRIES
A. Claims Against the City.
Semanko: 1 am just wondering about the payments to the Design Review and the Planning
and Zoning and if these are going to be consolidated. General discussion.
Zoning Administrator Vaughan: I have drafted a Resolution which will be on the next
agenda.
Semanko moves to approve the Claims Against the City. Seconded by Jackson -Heim.
Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: Jackson -Heim: AYE: ALL AYES:
MOTION CARRIES ..
G. Minutes of October 13.2009.
Shoushtarian: On the last page of the minutes there were three Ayes and one Nay and it did not
specify who made the Nay and I made the Nay and would like to have that corrected.
Semanko: On the same section of the minutes with regards to Agenda Item #8E there was an
important item that was raised that should be reflected in the minutes. Council Member Jackson -
Heim raised the possibility of potential payments in lieu of taxes by annexing that land into the
City and it was agreed that we should investigate that opportunity. Discussion.
Huffaker: in the middle of page on Lita's testimony it should be Ken Burns National Parks on
Ken Fry.
Semanko moves to approve the minutes with those changes. Seconded by Jackson -Heim.
ALL AYES: MOTION CARRIES
6. PROCLAMATIONS & RESOLUTIONS: None
7. UNFINISHED BUSINESS:
A. EXT -09-09 — Preliminary Plat Extension of Time for Arbor Ridge Subdivision (final
platted as Ringo Ridge Estates Subdivision) — P.O. Ventures. Inc.: P.O. Ventures, Inc.,
represented by Stacia Patterson, is requesting a one (1) year extension of time for the preliminary
plat approval for Arbor Ridge Subdivision, a 149 -lot (143 -buildable) residential subdivision. The
52.3 -acre site is located west of State Highway 55 generally north of Hill Road. This item was
continued from the September 8, 2009 meeting. (WEV)
Remanded to Staff by previous motion.
B. EXT -13-09 — Preliminary Plat Extension of Time for Eaglefield Estates and Eaglefield
Estates II Planned Unit Development — Eaglefield. LLC:" Eaglefield, LLC, represented by
Clint Boyle, with Landmark Engineering and Planning, is requesting a one (1) year extension of
time for the preliminary plat approval for Eaglefield Estates and Eaglefield Estates II
Subdivision, a residential subdivision consisting of 403 -lots (331 -single family, 20-four-plex, 51 -
common and 1- public well lot). The 153.9 -acre site is located on the west side of North Linder
Road approximately 400 -feet north of State Highway 44 at 341 and 499 North Linder Road. This
item was continued from the September 22, 2009 meeting. (WEV)
Remanded to Staff by previous motion.
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C. Contract for Services Eagle Saturday Market. Christmas Market and Art Faire
Manager FY 2009-2010: (LB) This item was continuedf rom the October 13, 2009 meeting.
Mayor introduces the issue.
Linda Butler, representing the Arts Commission, you approved the Contract last month and we
need to snake some significant changes. Discusses the increase in the compensation. General
discussion.
Jackson -Heim moves to approve the Contract for Services Eagle Saturday Market,
Christmas Market and Art Faire Manager FY 2009-2010 as presented tonight. Seconded
by Huffaker. Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: Jackson -Heim: AYE:
ALL AYES: MOTION CARRIES ..
D. Amendment to lease agreement for Eagle Senior Center: (SKB) This item was continued
from the October 13, 2009 meeting.
Mayor introduces the issue.
Louise Curtis, Eagle Senior Citizens Center, when 1 was here last time I was under the
impression that the Maintenance Contract was to remain the same. We are very grateful for the
City proceeding with the construction of the contract.
General discussion on changing the original Lease Agreement to take of the issues.
City Attorney Fitzer: I am going to add a boilerplate provision that essentially is codifying
the landlord/tenant responsibility so you can approve it with that type of language and
authorize the Mayor to sign the Lease Agreement upon approval by the Council. I'm also
going to reference the budgeted amounts.
So moved by Huffaker. Seconded by Jackson -Heim. Huffaker: AYE; Shoushtarian:
AYE; Semanko: AYE: Jackson -Heim: AYE: ALL AYES: MOTION CARRIES
8. PUBLIC HEARINGS:
A. A-5-09 & RZ-6-09 Annexation and Rezone From RUT (Rural — Urban Transition — Ada
County designation 1A -R to A -R -DA (Agricultural — Residential with a Development
A reement) — Ron Sali: Ron Sali, represented by Doug Russell with The Land Group, Inc., is
requesting approval of an annexation and rezone from RUT (Rural -Urban Transition -Ada County
Designation) and A -R (Agricultural -Residential — up to one unit per five acres) to A -R -DA
(Agricultural -Residential — up to one unit per five acres with a development agreement). The
65.14 -acre site is generally located on the south side of W. Mace Road approximately 1.47 miles
west of S. Eagle Road. (MJW) This item was continued from the October 13, 2009 meeting.
Remanded to Staff by previous motion.
B. RZ-19-06 MOD — Development Agreement Modification - M3 Companies. LLC.: M3
Companies, LLC, represented by Gerry Robbins, is requesting a modification to the
pre-annexation/rezone/development agreement for the M3 Eagle Development to include site
specific hillside and grading standards as required within the original development agreement.
The 6,005 acre site is generally located north of the Farmers Union Canal and Horner Road, east
of State Highway 16 and west of Willow Creek Road. (NBS)
Mayor introduces the issue.
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Semanko: I want to disclose that I did receive ex parte communications; a flyer that was stuck to
my front door as a resident of Two Rivers. I will provide this to the Clerk. I have not read the
flyer and I can remain fair and impartial.
Gerry Robbins, representing the applicant, provides Council an overview of the project and
application and stands for questions.
Planner Baird -Spencer: Provides Council an overview of the project and application.
General Council discussion.
Mayor opens the Public Hearing
Mayor closes the Public Hearing
Huffaker moves to approve RZ-19-06 MOD — Development Agreement Modification - M3
Companies, LLC. Seconded by Semanko. ALL AYES: MOTION CARRIES
9. NEW BUSINESS:
A. Cooperative Agreement between Valley Regional Transit and Citv of Eagle for Annual
dues and Service Contribution:
Mayor introduces the issue.
General Council discussions on the changes to the Agreement.
General discussion on what the City is getting for its dues. Discussion on VRT attending the
City Transportation meetings and cooperating with the City on the development of a public
transit plan specific to the needs of Eagle.
Semanko moves to continue this item. Seconded by Jackson -Heim. ALL AYES: MOTION
CARRIES
B. Discussion on a Council meeting date to canvas the votes from the November 3'd
Election.
Mayor introduces the issue.
General Council discussion.
Council concurs to have the meeting to canvas the votes on November 5, 2009 at 6:30 p.m.
10. EXECUTIVE SESSION:
A. Pending and Threatened Litigation: I.C. 6723 (f)
Mayor: we don't need an Executive Session this evening.
General Council discussion on transparency on the website, Chuck Bower's posting on the Voice
of Eagle and Sr. Deputy Clerk's Osborn's memo in response.
Planner Williams discusses the Walgreen site.
Jackson -Heim discusses having the Mayor add to an Agenda discussion on forming a committee
to explore options on purchasing the City Hall building.
General Council discussion on the possibility of purchasing the City Hall.
Semanko leaves the meeting as this discussion was not on the Agenda in accordance with the
Open Meeting Laws.
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Jackson -Heim: Council Member Semanko snake a good point. this item was not on the agenda so
the purpose of my raising this was not to have a discussion but to ask if we could put this item on
a future agenda so that we could discuss the possible establishment of a citizens committee to
explore the options for City Hall. I'm making a request of the Mayor who establishes the
agenda.
Shoushtarian continues the discussion and Jackson -I feint leaves the meeting.
11. ADJOURNMENT:
Mayor: We don't have a quorum: I adjourn the meeting at 8:35 p.m.
Hearing no further business. the Council meeting adjourned at 8:35 p.m.
Respectfully submitted:
( moi14. 02e-
SHARON K. BERGMANN
CITY CLERK/TREASURER
APPROV D:
1
P 1 LLIP J. BANDY
MAYOR
A TRANSCRIBABLE RECORD OF TI -IIS MEETING IS AVAILABLE AT EAGLE
CITY HALL
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