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Minutes - 2004 - City Council - 06/08/2004 - Regular ORIGINÁL EAGLE CITY COUNCIL Minutes June 8, 2004 PRE. COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m. A. Heart Safe Community - Beth Toal. Discussion on The Community AED Prgram, a new program that is in place at St. Lukes to place defibrillators in public buildings. We are approaching area Mayors to place these defibrillators in city halls in the area. Training is available for 10 staff members. Staff members would also be trained in CPR. We will do a public awareness campaign this month. General discussion. B. Mike Moore with Moore, Smith, Buxton & Turcke will discuss funding options for municipal buildings. Discusses funding options for a new city hall. Discussion on the proposal from Sage Idaho. Sage Idaho only adds another possible funding option. There are four different options: 1. Bond election in February, 2005. 2. Straight loan. Go to a bank borrow the money and pay back over a set period of time. A bank would require that you take it to judicial confirmation. This would be an ordinary and necessary expenses. A court would need to approve the ordinary and necessary expense. 3. Lease Purchase renewable each year. This would need to be taken to judicial confirmation. An agreement could be structured where the City would always own the land. Another possibility would be for the City to sell the property to a developer. This can also be done without judicial confirmation but you would have to find a willing lender. There would be no guarantee that someone would challenge this. This could also be taken through a Declaratory Judgment action. This would be just the lender and the city involved in the court proceeding. The lender would have to have an attorney whose fees would need to be paid. Judicial Confirmation is usually 5 months. This also depends on if it is opposed. If there is a challenge and the City looses, the City would pay the opposing parties' attorney's fees. 4. A true lease. The disadvantage is that the City is not acquiring the equity. You can have a provision in the lease that the City can buy the building a point in time. 5. City wide LID where all the property would be assessed for a city hall. This is probably not a viable option. If you think that you will be challenged my suggestion would be to take it to judicial confirmation. General discussion. The Mayor presents two options that she has been exploring. A. Pacific Mobile. Pacific Mobile has a 5600 sq.ft. building. There would be enough space to have a Council Chambers and a break room. We would use the office panel systems that were planned for city hall. This unit would be placed at the rear of the property. This would have to be on a yearly lease. There would be setup costs for the unit. 24 month lease would be $5,700 a month. In addition we would need to provide the water, sewer and power. B. I talked to Jack Coonce with Oppenheimer Development and they are ready to build a 6,000 sq. ft. building on their lot at State Street and Palmento and they would lease the building for $13.50 per sq.ft. a month which includes the basic tenant improvements. This would be $81,000 a year. The lease would be on a yearly basis. Page I K:\COUNCIL\MlNUTESITemporary Minutes Work Area\CC-06-08-04min.doc Discussion on other lease space within the City of Eagle. The Kings building would cost more than the Oppenheimer building plus the City would pay for the tenant improvements. General discussion on how to proceed with a new city hall. Nordstrom: I won't be at the next meeting. I think we should try for another bond election and throw up a portable on the present site. Further discussion will be at Pre-Council on June 22, 2004. This meeting will begin at 5:30 p.m. REGULAR COUNCIL AGENDA: 7:30 p.m. 1. CALL TO ORDER: Mayor Merrill calls the meeting to order at 7:40 p.m. 2. ROLL CALL: Bastian, Sedlacek, Guerber, Nordstrom. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENT: Kathy Freeman, distributes her complaint form that she filed with the City and discusses the problems she encountered with the noise from the rodeo over the weekend. General discussion. Debbie Small, Eagle Tropical Sno Shack, reads a prepared statement in regards to the Eagle Tropical Sno Shack that has previously been located in Heritage Park. General discussion on vendors in the park. Bastian moves to put the Sno Shack contract on the agenda under New Business at 9B. Discussion. Seconded by Guerber. ALL A YES: 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 Rules of Order. . 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 May 26, 2004 special meeting. e. Minutes of May 26, 2004 meeting. D. DR-1S-04 - Carl's Jr. Restaurant with Drive Thru Service - Star Foods: Star Foods, represented by Clinton Yaka with BRS Architects, is requesting design review approval to construct a 3,906-square foot Carl's Jr. restaurant with drive thru service. The site is located on the north side of East State Street within Eagle Promenade (formerly Eagle Towne and Country Centre) at 3004 East State Street. (WEV) E. DR-16-04 - Two Buildine Wall Siens. One Monument Sien and Three Directional Monument Siens for Carl's Jr. Restaurant - Star Foods: Star Foods, represented by Roger Llewellyn with Golden West Advertising, is requesting design review approval to construct two (2) building wall signs, one (1) monument sign, and three (3) directional signs for the Carl's Jr. restaurant. Page 2 K:\COUNCIL\MlNUTESITempon"y Minutes Work Area\CC-06-0B-04min.doc The site is located on the north side of East State Street within Eagle Promenade (formerly Eagle Towne and Country Centre) at 3004 East State Street. (WEV) F. DR-19-04 - Multi-tenant Flex Space Buildine - Robnett Construction: Robnett Construction, represented by Jason Martin with Backstreet Architecture, is requesting design review approval to construct a l2,OOO-square foot multi- tenant flex space building. The site is located on the southwest corner of State Highway 44 and McGrath Road on Lot 1, Block 1, of Ancona Business Park. (WEV) G. DR-20-04 - Multi-tenant Flex Space Buildine - Robnett Construction: Robnett Construction, represented by Jason Martin with Backstreet Architecture, is requesting design review approval to construct a 6,000-square foot multi- tenant flex space building. The site is located on the southwest corner of State Highway 44 and McGrath Road on Lot 2, Block 1, of Ancona Business Park. (WEV) H. DR-42-04 - Two Story Medical Office Buildine for Saint Alphonsus Reeional Medical Center - Cameron Development: Cameron Development, represented by James Murray with CSHQA Architects, is requesting design review approval to construct a two (2) story, 73,908-square foot medical office for Saint Alphonsus Regional Medical Center. The site is located on the northeast corner of East Riverside Drive and East Shore Drive within Eagle River Development. (WEV) I. DR-43-04 - Two Monument Siens and Two Buildine Wall Siens for Saint Alphonsus Reeional Medical Center - Saint Alphonsus Reeional Medical Center: Saint Alphonsus Regional Medical Center, represented by Roger Llewellyn with Golden West Advertising, is requesting design review approval to construct two (2) monument signs and two (2) building wall signs for the Saint Alphonsus Regional Medical Center. The site is located on the northeast corner of East Riverside Drive and East Shore Drive within Eagle River Development. (WEV) J. DR-48-03 - Master Sien Plan For Eaele Center - Ken Friedman: Ken Friedman, represented by Chuck Buckner with Idaho Electric Signs Inc., is requesting design review approval of a master sign plan for the Eagle Center Shopping Center. The site is located on the south side of East State Street approximately 1,550-feet east of Eagle Road at 589 - 625 East State Street. (WEV) Mayor Removes Items 5B and 5C from the Consent Agenda. Sedlacek: I will need to abstain from voting on Item 5A Claims against the City as my mother worked on the election and the payment of election workers is in the claims being presented tonight. Guerber moves to remove Items SA, Band C from the Consent Agenda and to approve the amended Consent Agenda. Seconded by Sedlacek. ALL AYES: MOTION CARRIES........ 5A. Claims Aeainst the City. Guerber moves to approve the claims against the City. Seconded by Bastian. THREE AYES: ONE ABSTAIN: MOTION CARRIES................. 5B. Minutes of May 26. 2004 special meetine. 5e. Minutes of May 26. 2004 meetine. Page 3 K:\COUNCIL\MlNUTESITemponuy Minutes Work Area\CC-06-08-04mio.doc Guerber moves to continue the approval of the minutes of May 26, 2004 to the June 22, 2004 City Council meeting. Seconded by Sedlacek. ALL A YES: MOTION CARRIES.............. .. 6. PROCLAMATIONS & RESOLUTIONS: A. Wodd Breastfeedine Awareness Month: A proclamation declaring August 2004, as Breastfeeding Awareness Month. (NM) Mayor introduces the World Breastfeeding Awareness Month Proclamation. Sedlacek moves to approve the World Breastfeeding Awareness Month Proclamation. Seconded by Bastian. ALL AYES: MOTION CARRIES...................... 7. FINAL PLATS: A. FPUD-3-O4 & FP-S-04 - Final Development Plan and Final Plat for Windine Creek PUD Subdivision - Salmon Point LLC: Salmon Point LLC, represented by Ron Bath, is requesting final development plan and final plat approval for Winding Creek Subdivision, an 85- lot (58-residential, l7-commercial, lO-common) commercial and residential PUD subdivision. The l5.3-acre site is located on the north side of State Street approximately lOO-feet east of Palmetto A venue at 988 State Street. (WEV) Mayor introduces the issue. Phil Hull, The Land Group, representing Ron Bath on the Final Plat and Final Development Plan. Displays a site plan and provides Council an overview. Discussion on Site Specific Condition of Approval #16. General discussion. Ron Bath, representing Salmon Point LLC, discussion on a height exception. Zoning Administrator Vaughan: Both Staff and the Planning and Zoning Commission have recommended approval of this project. Discussion on the height exception. General discussion. Bastian moves to approve FPUD-3-04 & FP-S-04 - Final Development Plan and Final Plat for Winding Creek PUD Subdivision - Salmon Point LLC with the following change of Site Specific Conditions that Site Specific Condition #16 be stricken and that a new Site Specific Condition #16 be added to say: "A height exception shall be permitted to allow for up to 40 feet with review and approval by the Design Review Board. Said exception shall only apply to a tow story building with a steep pitched roof with a design style in accordance with the Eagle Architecture and Site Design Book. Any area exceeding 35 feet shall be for aesthetic purposes and shall not be permitted as living space. Flat roof buildings shall not be permitted a height exception." Seconded by Sedlacek. Discussion. ALL A YES: MOTION CARRIES. ......... ........... 8. PUBLIC HEARINGS: A. CU-2-04 - Mobile Office (Pre-manufactured Bank Facility With Drive UP Service) - Home Federal: Home Federal, represented by Insight Architects, is requesting conditional use approval to place a mobile office (pre-manufactured bank facility) on-site with one drive-up service lane. The .63-acre site is generally located on the northeast corner of Eagle Road and East Riverside Drive in the Eagle River Commercial Development. (WEV) Mayor introduces the issue. Russ Phillips, Insight Architects representing the applicant, provides Council an overview of the request for a conditional use. General discussion. Page 4 K:\COUNCIL\MlNUTESITemponuy Minutes Work Area\CC-06-08-04mio.doc Zoning Administrator Vaughan: Displays an overhead of the site plan and provides Council an overview of the request for a conditional use. Mayor opens the Public Hearing Russ Phillips, discusses the landscaping of the parking lot and the temporary facility. General discussion. Mayor closes the Public Hearing Nordstrom moves to approve with all the Specific Conditions of Approval as recommended by Staff. Seconded by Guerber. ALL AYES: MOTION CARRIES........................ City Clerk Bergmann: I would like to add to the Agenda as New Business 9C Contract for Facilities Manager and 9D purchase of a lap top computer. Sedlacek moves to add to the agenda under New Business Item 9C Contract for Facilities Manager and 9D purchase of a lap top computer and an Executive Session for discussion of pending or threatened litigation. Seconded by Nordstrom. ALL AYES: MOTION CARRIES........... B. ZOA-2-04 (Ordinance No. 444)- Zonine Ordinance Amendment - City of Eaele: Ordinance Of The City Of Eagle, Ada County Idaho Repealing Eagle City Code Title 8 "Zoning", Chapter 8 "Area Of City Impact", Section 2 "Annexation To Occur Only In Area Of City Impact"; Providing A Severability Clause; And Providing An Effective Date. (WEV) Mayor introduces the issue. Mayor opens the Public Hearing Mayor closes the Public Hearing Guerber 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 #444 be considered after being read once by title only. Guerber reads Ordinance #444 by title only. Seconded by Sedlacek. ALL AYES: MOTION CARRIES.............. ... Guerber moves that Ordinance #444 be adopted. Seconded by Sedlacek. Bastian: AYE; Sedlacek: AYE; Guerber: A YE: Nordstrom: AYE: ALL AYE: MOTION CARRIES..... .... 9. NEW BUSINESS: A. Acceptance of Greenbelt from Island Woods Homeowners Association: (NM & SEB) Mayor introduces the issue. General Council discussion. Bastian moves to accept the Greenbelt pathway from Island Woods Homeowners Association per the Warranty Deed dated June 3, 2004. Seconded by Sedlacek. Discussion. ALL AYES: MOTION CARRIES................... B. Eaele Tropical Sno Shack: Mayor introduces the issue. Debbie Small, Eagle Tropical Sno Shack, addresses the Council and reads a prepared statement into the record in regard to obtaining permission to located the Sno Shack in Heritage Park for the summer months. Page 5 K:\COUNCILIMINUTESITemponuy Minutes Work Area\CC-06-08-04mio.doc General discussion. Guerber moves to renew last years Lease Agreement with the Sno Shack for allowance of operation at Heritage Park with changes that incorporate the language outlined by the City Attorney in regards to cleaning the park and an increase in the monthly fee to $110.00. Seconded by Bastian. Discussion. Guerber amends the motion to authorize the Mayor to sign the Lease Agreement. Second concurs. Bastian: AYE; Sedlacek: AYE; Guerber: AYE; Nordstrom: AYE: ALL AYES: MOTION CARRIES................... e. Facilities Manaeer Contract: Mayor introduces the issue. City Clerk Bergmann: Mr. McCurry is coming in tomorrow to discuss the contract. He will need to have $25.00 an hour. We had a discussion on a cell phone and the use of a vehicle or reimbursement for mileage for the use of his personal vehicle. General Council discussion. Council has instructed the City Clerk to proceed with the background check and to offer Mr. McCurry $25.00 an hour for a minimum of 20 hours a week, to provide a cell phone and to pay mileage reimbursement at the Federal rate for the use of his personal vehicle. The contract to begin on July 1, 2004. D. Lap Top Computer for Mayor: City Clerk introduces the issue. The quote for the lap top computer is $2,576.86. General discussion. Council feels this is too much money for a lap top computer and a sufficient lap top can be purchased for less. City Clerk to do further research on the costs of lap top computers. 10. UNFINISHED BUSINESS: A. Resolution 04-11: A resolution of the Mayor and City Council of the City of Eagle amending the Eagle City Personnel Policy and Procedure Manual by adding a provision for Maternity and Paternity Leave, and correct section numbering; amending the Eagle CitylLibrary Drug-Free Workplace Policy by deleting Random Drug Testing; and providing an effective date. (NM) Mayor introduces the issue. General discussion. Bastian moves to adopt Resolution No. 04-11. Seconded by Sedlacek. ALL A YES: MOTION CARRIES............. Mayor: We have a memo from Mark Butler in regards to the closing time for the Carnival at Eagle Fun Days. General discussion. Bastian moves to approve the 11:00 p.m. closing time for the Carnival during Eagle Fun Days. Seconded by Nordstrom. ALL AYES: MOTION CARRIES........................ 11. REPORTS: City Attorney Report: City Attorney Buxton distributes copies of the proposed contract for the Eagle/Ada County Skateboard Park and discusses the same. General discussion. Page 6 K:\COUNCIL\MlNUTESITemporary Minutes Work Area\CC-O6-OB-04min.doc Notice is being published for the agreement with ACHD on the Hill Road Property. Discussion on the Deshazo matter. Zoning Administrator's Report: Discussion on proposed annexations. Discussion on the pathways in Eagle Ranch. City ClerklTreasurer Report: We need to schedule a date for a Budget Workshop. I have handed out information on the proposed revenue and property taxes. July 6,2004 at 6:00 p.m. will be the first budget workshop. General discussion on the budget. Mayor and Council's Report: Nordstrom: The Idaho Power hearing is on July 8, 2004 at 6:30 p.m. at the Library. I won't be back in town until July 4, 2004. Guerber: Air Quality Board meets tomorrow. It looks the City of Kuna is going to participate. Parks and Pathway will be sending a letter to the City asking for a plaque to recognizing Don Stockton for the work he has done on the pathways. Discussion on a Comprehensive Plan for Parks and Pathways. Discussion on the funding for Hill Road Park. Bastian: Reports on the Library Board Meeting. There is going to be an annual book sale and the Library is now having an ongoing book sale every day. There is a vacancy in the Library and they are not filling the position to save on salary costs. The library is planning on 1,000 kids for the summer program. Three are 5 new volunteers for the home bound program. Sedlacek: The area of impact information was presented at the Chamber Lunch today and there was a lot of interest and support. Discussion on the Brookwood Well. Mayor: I spent yesterday with Pete O'Neil. General discussion. Tomorrow is a farewell to the troops. I will meet with the Niklaus Corporation on Friday. General discussion. St. Alphonsus Hospital wants to meet with me next week. Ribbon cutting for the pathway is Saturday morning. We walked the pathway with other Mayor's, City representatives, Ada County Commissioners and ACHD. General discussion. City Engineer Report: No report Mayor calls a recess at 10:45 p.m. Mayor reconvenes the meeting at 10:55 p.m. 12. Executive Session: Pending or threatened litigation: le. § 67-2345(f) Sedlacek moves to go into Executive Session for the discussion of pending or threatened litigation. Seconded by Bastian. ALL A YES: MOTION CARRIES.................. Council discusses pending or threatened litigation. Council leaves Executive Session at 11:15 p.m. Sedlacek: Just a reminder about the meeting Monday at 5:30 with the Eagle Sewer District Board of Directors and the City Council to discuss the area of impact. General discussion. Page 7 K:\COUNCIL\MlNUTESITemporary Minutes Work Area\CC-06-08-04mio.doc 13. ADJOURNMENT: Guerber moves to adjourn. Seconded by Bastian. ALL AYE: MOTION CARRIES....... ......... ...... Hearing no further business, the Council meeting adjourned at 11 :25 p.m. Respectfully submitted: ~ÚA--<' - k..J~, ~~ S ON K. BERGMANN CITY CLERKffREASURER ,...un"", ~..." OF B<1 """ ~.. ~~......... 0.( ", I ,.~ ..-- .. ~ .... ~ ~.. ~t'OR..¡l'... ~ I /cp ~~ ': . . .*- : * . -.- : : . . 9 - " \~ SEAL £: : \. ...('>0 <'\'..0 ! '\ ø,;.. ..! Þo R ,,'\~..'..'\ l ~ .< ....... 'i'""'.." "" 7'S OF \~ ......" """".."""""' Page 8 K:\COUNCIL\MINUTESITemponuy Minutes Work Area\CC-06-08-04mio.doc r z c -S---cg 7:4thr' lo I °V J7iP,�T Agreement No. LEASE AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF EAGLE FOR ADA -EAGLE SPORTS COMPLEX THIS LEASE AGREEMENT is entered into this day of 2004, by and between Ada County, a political subdivision of the State of Idaho, (hereinafter "County"), and the City of Eagle, a municipal corporation of the State of Idaho (hereinafter "City"). WITNESSETH WHEREAS, County owns certain real property located in Ada County, Idaho, oftyiNc mmonly known as Ada -Eagle Sports Complex, consisting of approximately eighty-five (85) )01 ef.) acres, more fully described in "Exhibit A" hereto attached (hereinafter "Property"); and WHEREAS, a portion of the Ada -Eagle Sports Complex consisting of approximately four (4) acres, known as the Eagle Skate Park, more fully describe in "Exhibit B" hereto attached (hereinafter "Skate Park") has been developed; and WHEREAS, City desires to lease the Property including Skate Park from County for recreational purposes and for use as a public park; and WHEREAS, County hereby agrees to lease the Property to City for a public park and recreational purposes, according to the terms set forth herein; NOW, THEREFORE, the parties hereto mutually agree as follows: LEASE AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF EAGLE FOR ADA -EAGLE SPORTS COMPLEX — PAGE 1 g:ltablworkloads 2004\parks\eagle-ada sports complex lease tab may 04 version.doc TERMS OF LEASE AGREEMENT itddeepttAL 1. USE OF PROPERTY. The Property shall be used by City for the purpose of a Shells -Qffrce• and for no other purpose. City shall also have the use of the common area restrooms and of the available parking in the parking lot. 2. TERM, AND RENEWAL OF LEASE AGREEMENT. Pursuant to Idaho Code § 31- 836(4) County shall lease to City the entirety of the Property for a term of ninety-nine (99) years. This Lease Agreement shall be effective upon the signature of both parties, and may be terminated by either party upon six (6) months written notice. This Lease Agreement may be renewed for additional terms upon written mutual agreement of the parties. 3. CONSIDERATION. The consideration for this Lease Agreement shall be the operation and maintenance of the Property by the City for public park and recreational purposes, for the benefit of the people the City of Eagle, Ada County, and the general public in accordance with the terms and conditions set forth herein. This lease is contemplated by the parties as being included within the terms of Idaho Code § 36-1604 (Recreational Limitations of Liability of Land Owners). 4. UTILITIES AND INSURANCE. City agrees to pay all utilities, insurance, and fees associated with the Property throughout the duration of this Lease Agreement, unless said Lease Agreement is terminated by the parties pursuant to Paragraph I.1. above. This lease is subject to the Idaho Power Easement of Recor 3444:41--- 741v° it4c/f 5. ANNEXATION TO CITY. The County agrees to allow the City to annex the • roperty into the City, at the City's discretion. 6. MAINTENANCE. City agrees to maintain the Property throughout the duration of this Lease Agreement. City shall be responsible for any repairs and costs incurred in maintaining the LEASE AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF EAGLE FOR ADA -EAGLE SPORTS COMPLEX — PAGE 2 g:ltablworkloads 20041parksleagle-ada sports complex lease tab may 04 version.doc Property. During the term of this Lease Agreement, City shall maintain the Property in a condition that is reasonably safe for visitors to the Property. City shall be under a duty throughout the duration of this Lease Agreement to reasonably inspect the Property for dangerous conditions and/or hazards, hidden or otherwise; and to make reasonable efforts to repair any discovered dangerous condition or hazard or immediately make such condition or hazard obvious to persons who might encounter the same. Further, City shall clean up all litter associated with use of the Property. Any damage to the Property by City or City's invitees shall be the responsibility of City. 7. CONSTRUCTION OF IMPROVEMENTS The City agrees that as funds /iteeeme- -available to improve the Property, City shall work cooperatively with County regarding the construction of the proposed improvements. County reserves the right to construct or make improvements on the Property without the need for prior consent of City, but shall inform City of 30 Awe 1,77336-- amagteetfor-e-ia-- such proposed improvements'prior to constructions- A''�'�. yto4 8. DEVELOPMENT PLAN. The development of the Property shall consist of developing the facilities and services necessary to create public park and recreational facilities on the Property. City may seek grant funds for the development of the Property, consistent with terms of this Lease Agreement, and County shall cooperate with City and may co-sponsor, as necessary, such grant applications sought by City. , - 1►� 9. SURRENDER UPON EXPIRATION OR TERMINATION. Upon expiration or z termination of this Lease Agreement, City shall surrender possession of the Property to County in the condition of the Property at such expiration date, including any permanent improvements that may be made upon the Property by City. Any permanent fixtures, alterations, additions, improvements, and appurtenances attached to or built on the Property prior to or during the term tJ LEASE AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF EAGLE FOR ADA -EAGLE SPORTS COMPLEX - PAGE 3 g:ltab\workloads 2004\parks\eagle-ada sports complex lease tab may 04 version.doc of this Lease Agreement, whether by City at its expense or by County at its expense, or both, shall revert to the ownership and control of County. 10. NOTICE. If under the terms of this Lease Agreement a written notice is required, it shall be accomplished by certified mail, return receipt, postage prepaid, and addressed as follows: Eagle City Clerk P.O. Box 1520 Eagle, ID 83616 Ada County Board of Commissioners 200 W. Front Street, 3rd Floor Boise, ID 83702 Notice as served by mail shall be deemed complete when deposited with the United States Postal Service. Any change of address shall not be effective unless served upon the parties in the same manner as notices referred to herein. 11. APPLICABLE LAWS AND REGULATIONS. City shall comply with all applicable Federal, State, and local laws and regulations, including, but not limited to, those regarding construction, health, safety, food service, water supply, sanitation, use of pesticides, and licenses or permits to do business. City shall make and enforce such regulations as are necessary and within its legal authority in exercising the privileges granted in this Lease Agreement, provided that such regulations are not inconsistent with those issued by County. City shall • that all water and sanitary system modifications made on the Property, with County's prior approval, comply with all Federal, State, and local laws and regulations. City shall also assure compliance with the Americans with Disabilities Act. 12. CONDITION OF PREMISES. City acknowledges that it has inspected the Property, knows its condition, and understands that the same is leased without any representations or LEASE AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF EAGLE FOR ADA -EAGLE SPORTS COMPLEX -- PAGE 4 g:ltablworkloads 2004\parks\eagle-ada sports complex lease tab may 04 version.doc warranties whatsoever and without obligation on the part of County to make any alterations, repairs, or additions thereto, unless specifically mentioned elsewhere in this Lease Agreement. 13. TRANSFERS, ASSIGNMENTS, AND SUBLElkSES. City shall neither transfer, sublet, nor assign this Lease Agreement without the prior written approval of County. Written approval shall not be unreasonably denied by the County. 14. FACILITIES, SERVICES AND FEES. City shall have the ability to enter into concesessionaire and short-term event -related agreements for the purpose of providing services for the general public. 15. NONDISCRIMINATION. City shall not discriminate against any person or persons or exclude them from participation in City's operations, programs, or activities conducted on the Property due to race, color, religion, gender, age, handicap, or national origin. 16. HEALTH AND SAFETY. City shall maintain the Property in good order and in a clean, sanitary, and safe condition and shall have the primary responsibility to ensure that any sub- lessees and concessionaires operate and maintain the Property in such a manner. County, upon discovery of any hazardous conditions on the Property that presents a threat to health and or danger to life or property, will notify City in writing and shall require that the affected part or all of the Property be closed to the public until such condition is corrected and the danger to the public is eliminated. If the condition is not corrected by City within a reasonable time, no less than 60 days, County shall have the option to correct the hazardous conditions and collect the cost of repairs from City only after obtaining the City's prior written approval, or immediately revoke this Lease Agreement. City, its concessionaires and sub -lessees shall have no claim for damages against Ada County, or any officer, agent, or employee thereof, on account of action taken pursuant to this section. LEASE AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF EAGLE FOR ADA -EAGLE SPORTS COMPLEX - PAGE 5 g:ltablworkloads 20041parksleagle-ada sports complex lease tab may 04 version.doc 17. PUBLIC USE. No attempt shall be made by City to forbid the use of the Property by the public, subject, however, to the authority to set hours, limit public access during special events, and manage the Property to provide safety and security to the visiting public. 18. NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION. City shall conduct no mining operations, remove no sand, gravel, or kindred substances from the ground, commit no waste of any kind, nor in any manner substantially change the contour or condition of the Property, except as may be authorized by County. The City agrees not to dispose of toxic or hazardous materials on the Property. 19. HISTORIC PRESERVATION. City shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archeological, architectural or other cultural artifacts, relics, remains, or objects of antiquity. In the event that such items are discovered on the Property, City shall immediately notify County and protect the site and the material from further disturbance until County gives clearance to proceed. 20. FINANCIAL OBLIGATIONS OF THE PARTIES. Nothing in this Lease Agreement shall bind either party to a commitment of funds in excess of that lawfully appropriated by their respective governing bodies. II. GENERAL TERMS AND CONDITIONS 1. INDEMNIFICATION AND HOLD HARMLESS. City agrees to indemnify, defend, save and hold County, its employees, representatives, and agents harmless from and against any and all claims, demands, suits, causes of action, or other proceedings arising from any and all accidents and/or incidents that result in injury, death, damage or loss to any party or the personal property of any party that occur on the Property during the term of this Lease Agreement, and LEASE AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF EAGLE FOR ADA -EAGLE SPORTS COMPLEX — PAGE 6 g:ltablworkloads 2004\parks\eagle-ada sports complex lease tab may 04 version.doc during any extensions or renewals hereof, which directly or indirectly arise out of any actions, activities or omissions of or by City or any City invitee. County agrees to indemnify, defend, save and hold City, its employees, representatives, and agents harmless from and against any and all claims, demands, suits, causes of action, or other proceedings arising from any and all accidents and/or incidents that result in injury, death, damage or loss to any party or the personal property of any party that occur on the Property during the term of this Lease Agreement, and during any extensions or renewals hereof, which directly or indirectiy arise out of any actions, activities or omissions of or by County. 2. LIABILITY INSURANCE. During the term of this Lease Agreement, City shall maintain in full force and affect a policy of comprehensive general liability insurance covering the Property and naming as insureds, City and County, in an amount not less than One Million Dollars ($1,000,000) per occurrence. Said insurance shall provide liability protection for and against all claims of injury and/or property damage occurring on the Property during the term of this Lease Agreement, which directly or indirectly relate to the use of the Property by City. Further, said liability insurance shall provide primary liability coverage over any other policy or program of insurance maintained by County. City shall furnish proof of said insurance protection to County, with a Certification of Insurance. 3. MODIFICATION. This Lease Agreement may be modified or amended only by a writing duly executed by both parties. 4. SEVERABILITY. In the event any provision or section of this Lease Agreement conflicts with applicable law, or is otherwise held to be unenforceable, the remaining provisions shall nevertheless be enforceable and shall be carried into effect. LEASE AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF EAGLE FOR ADA -EAGLE SPORTS COMPLEX - PAGE 7 g:ltablworkloads 2004\parks\eagle-ada sports complex lease tab may 04 version.doc 5. ASSIGNMENT. This Lease Agreement may not be assigned in whole or in part by either of the parties hereto without the prior express written consent of the other party, and nothing contained herein shall create any relationship, contractual or otherwise, with, or any rights in favor of, any third party. 6. CHOICE OF LAW. This Lease Agreement and its performance shall be construed in accordance with and governed by the laws of the State of Idaho, with venue for any action brought pursuant to this Lease Agreement to be in the Fourth Judicial District, State of Idaho. 7. MERGER AND INTEGRATION. This writing embodies the whdle agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained in this Lease Agreement. All previous and contemporaneous communications, representations, or agreements, either verbal or written, between the parties are superseded by this Lease Agreement. 8. LIENS City shall not permit any mechanic's or . ther liens to be filed against the Property for any la r or materials furnished to or in connection ith any Improvements performed or claimed to have een performed in or about the Property at the stance and request of City, and shall immediately dis arge and remove any such lien, provided the ity shall have the right to contest such lien, in good . 'th, on the condition that City provides Cou y, and if requested by County, County's mortgage lend - with a bond, cash escrow deposit or oth security in a form and amount reasonably acceptable to unty. In the event City fails to remov or contest any s , ch lien, County may remove such lien an . ity shall immediately pay County, up i demand, all co and expenses, including attorneys' fees, hich County incurs in connection w the removal of s : a lien. County shall have the right to pos • notice in the Property disclaiming any liability for payment o any improvements of City or of : construction or improvements LEASE AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF EAGLE FOR ADA -EAGLE SPORTS COMPLEX - PAGE 8 g:ltab\workloads 20041parksleagle-ada sports complex lease tab may 04 version.doc performed by p -rsons or entities other than County or its ntra• ors, and/or for any liens arising in connection th - ewith, . ' City agrees n isturb any such noti 9. DEFAULT, NOTIFICATION OF AND CURE. Any of the following shall constitute an "Event of Default": 1. This Lease or the Property or any part of the Property are taken upon execution or by other process of law directed against City, or are taken upon or are subject to any attachment at the instance of any creditor or claimant against City, and the attachment is not discharged or disposed of within thirty (30) days after its levy; 2. City or any guarantor of City files a petition in bankruptcy or insolvency or for reorganization or arrangement under the bankruptcy laws of the United States or under any insolvency act of any state, or admits the material allegations of any such petition by answer or otherwise, or is dissolved or makes an assignment for the benefit of creditors; ta. y under any such bankruptcy law or ncy ac • for the dissolution of receiver or trustee is ap • r such g • 1S ituted a ity or any guarantor of City, r a ed for all or substantia f the property of C tor, and such proceeding is not dismissed or such receivers rusteeship vacated within sixty (60) days after such institution or appointment; 4. City attempts to assign, pledge, mortgage, transfer or sublet City's interest under 404,2> this Lease without County's prior written consent, except as permitted irr- .'?; or 5. City breaches any other agreement, term, covenant or condition of this Lease and such breach continues for a period of thirty (30) days after written notice LEASE AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF EAGLE FOR ADA -EAGLE SPORTS COMPLEX - PAGE 9 g:ltab\workloads 2004\parks1eagle-ada sports complex lease tab may 04 version.doc from County to City, or, if such breach cannot be cured reasonably within such thirty (30) day period and Cityfails to commence and proceed diligently to cure t such breach within a reasonable time p&iod. 6. If any one or more Events of Default occur, then County may, at County's option: a. Notify City, in writing, that this Least shall terminate as of the earliest date permitted by law or on any later date specified in such notice, and 1 City's right to possession of the Property shall cease as of the date set forth in County's notice of termination. td b. With or without terminating this Lease and only with notice or demand to City, re-enter and take possession of the Property using such procedures as may, from time to time, be provided by law to expel City and those claiming through or under City, and to remove the effects of either or both. County's exercise of such right of re-entry shall not subject County to liability for conversion or trespass and shall not affect County's right to recover ar•otftp.4ubler any amounts due as a result of any preceding breach of covenants or conditions. c. In the event of re-entry by County as set forth in subparagraph b) above, or should County take possession pursuant to legal proceedings or otherwise, County may, from time to time, without terminating this Lease, re -let the Property or any part of the Property in County's name. LEASE AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF EAGLE FOR ADA -EAGLE SPORTS COMPLEX - PAGE 10 g:Itab\workloads 20041parks\eagle-ada sports complex lease tab may 04 version.doc d. With or without terminating this Lease and without demand or notice to City, to cure any Event of Default and charge City for the cost of effecting such cure, including, without limitation, attorneys' fees. 7. Any suit or suits for the recovery of the amounts and damages set forth above may be brought by County, from time to time, at County's election, and nothing in this Lease will be deemed to require County to await the date upon which this Lease or the Lease Term would have expired had not Event of Default occurred. Each right and remedy provided to County in this Lease is cumulative and is in addition to any other right or remedy provided to County in this Lease or existing now or after the date of this Lease at law or in equity or by statute or otherwise. All costs incurred by County in collecting any amounts and damages owing by City pursuant to the provisions of this Lease or to enforce any provision of this Lease, including reasonable attorneys' fees from the date any such matter is turned over to an attorney, whether or not one or more actions are commenced by County, will also be recoverable by County from City. 10. PERFORMANCE. The failure of a party hereto to insist upon strict performance or observation of this Lease Agreement shall not be a waiver of any breach or of any terms or conditions of this Lease Agreement by any other party. IN WITNESS WHEREOF, the parties have hereunto executed this Agreement and made it effective as herein above provided. BOARD OF ADA COUNTY COMMISSIONERS LESSOR By: Judy M. Peavey -Derr, Chairman LEASE AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF EAGLE FOR ADA -EAGLE SPORTS COMPLEX - PAGE 11 g:ltab\workloads 2004\parks\eagle-ada sports complex lease tab may 04 version.doc By: By: Rick Yzaguirre, Commissioner Fred Tilman, ¶ori missioner ATTEST: J. David Navarro, Ada County Clerk THE CITY OF EAGLE LESSEE By: ATTEST: Sharon K. Moore, Eagle City Clerk Nancy Merrill, Mayor LEASE AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF EAGLE FOR ADA -EAGLE SPORTS COMPLEX — PAGE 12 g:ltablworkloads 2004\parks\eagle-ada sports complex lease tab may 04 version.doc {./Jr6: 04,,40(g'fit' I — AAP* ccrri-'4 Agreement No. AGREEMENT BETWEEN ADA COUNTY AND THE YMCA FOR USE OF THE EAGLE SKATE BOARD PARK THIS AGREEMENT is entered into this day of , 2004, by and between Ada County, a political subdivision of the State of Idaho, (hereinafter "County"), and the Treasure Valley Family YMCA (hereinafter "YMCA"). WITNESSETH WHEREAS, the County owns and operates a certain skateboard park referred to as the Eagle Skate Board Park (hereinafter "Park"); and WHEREAS, the YMCA has requested to use the Park to conduct a children's Skateboarding Academy; and WHEREAS, the parties wish to enter into an agreement that outlines the parties' duties and responsibilities regarding the use of the Park for such purpose by the YMCA; NOW, THEREFORE, the parties hereto mutually agree as follows: I. PARTIES' DUTIES A. The YMCA shall conduct its Skateboarding Academy at the Park from 10:00 a.m. until 2:00 p.m., Monday through Friday, pursuant to the following schedule: 1. Week 1 - Monday June 7, 2004 through Friday June 11, 2004; 2. Week 2 - Monday June 21, 2004 through Friday June 25, 2004; 3. Week 3 - Monday July 5, 2004 through Friday July 9, 2004; 4. Week 4 - Monday July 19, 2004 through Friday July 23, 2004; 5. Week 5 - Monday August 2, 2004 through Friday August 6, 2004; AGREEMENT BETWEEN ADA COUNTY AND THE YMCA FOR USE OF THE EAGLE SKATE BOARD PARK — PAGE 1 n:lparks\ymca skateboard park contract.doc 6. Week 6 - Monday August 16, 2004 through Friday August 20, 2004. B. Should the YMCA change any or all of the dates and/or times set forth in Paragraph I.A. above, the YMCA shall immediately notify the Director of Ada County Parks and Waterways, Pat Beale, 343-1328. C. Said use of the Park by the YMCA shall be non-exclusive; the Park shall remain open to the public during the dates and times set forth in Paragraph I.A. above. D. The YMCA shall have access to the Park's concession stand during the dates and times set forth in Paragraph I.A. above, for the purpose of providing storage space for the YMCA during said dates and times, and for the purpose of providing temporary shelter to YMCA staff and Skateboard Academy participants during said dates and times, in the event of inclement weather. The YMCA agrees that it will not use the concession stand for any purpose other than those outlined in this Paragraph I.D. E. The County agrees to provide the YMCA with a key to the concession stand prior to June 7, 2004. The YMCA agrees to return the key to County personnel no later than August 21, 2004. The YMCA agrees to use the key only to access the concession stand. The YMCA shall keep the concession stand locked when not in use. F. The YMCA agrees to keep the concession stand neat and clean, and shall sweep the floors, wipe down all surfaces, and empty the trash on a daily basis. G. The YMCA agrees to require all participants of the Skateboard Academy to wear appropriate safety equipment, including helmets, at all times. H. The YMCA agrees that continuous adult supervision shall be present at the Park during the dates and times set forth in Paragraph I.A. above. AGREEMENT BETWEEN ADA COUNTY AND THE YMCA FOR USE OF THE EAGLE SKATE BOARD PARK — PAGE 2 n:lparks\ymca skateboard park contract.doc I. The County reserves the right to close the Park to the YMCA, Skateboard Academy participants, and the general public at any time, and for any length of time, if the County determines such closure is necessary to protect the health, safety and welfare of the YMCA, Skateboard Academy participants, and/or the general public. II. OTHER PROVISIONS A. The YMCA agrees to the following insurance requirements: 1. The YMCA agrees, at its sole expense, to procure and maintain in full force and effect insurance written by an insurance company or companies with AM Best rating(s) of A VIII or better. All insurance companies must be authorized to do business in the state of Idaho. By requiring insurance herein, the County does not represent that coverage and limits are necessarily adequate to protect the YMCA, and such coverage and limits shall not be deemed as a limitation on the YMCA's liability under the indemnities granted to the County in this Agreement. 2. Certificates of Insurance evidencing the coverages required herein shall be provided to the County prior to the start date of the Skateboarding Academy. All certificates must be signed by an authorized representative of the YMCA's insurance carrier and must state that the issuing company, its agents, or representatives will provide the County with at least thirty (30) days written notice prior to any policies being canceled. Renewal certificates must be provided to the County within thirty (30) days after the effective date of the renewal. 3. Certificates shall be mailed or faxed to: Pat Beale AGREEMENT BETWEEN ADA COUNTY AND THE YMCA FOR USE OF THE EAGLE SKATE BOARD PARK — PAGE 3 n:lparkslymca skateboard park contract.doc Director, Ada County Parks and Waterways 4049 S. Eckert Road Boise, Idaho 83716 FAX (208) 385-9935 4. Certificates must evidence the following minimum coverages: a. Workers' Compensation insurance meeting the statutory requirements of the State of Idaho. b. Employers' Liability insurance providing limits of liability in the following amounts: Bodily Injury by Accident: Bodily Injury by Disease: Bodily Injury by Disease: $100,000 each accident $500,000 policy limit $100,000 each employee c. Commercial General Liability insurance providing limits of liability in the following amounts, with aggregates applying separately on a "per project" basis: General Aggregate: $2,000,000 Product/Completed Operations Aggregate: $2,000,000 Personal & Advertising Injury Liability: $1,000,000 Each Occurrence: $1,000,000 Fire Damage: $ 50,000 The Commercial General Liability ("CGL") insurance policy shall be written on an "Occurrence" form and shall cover liability arising from premises, operations, independent contractors, products, completed operations, personal injury, advertising injury, and liability assumed under an insured contract (including tort liability of another assumed in a contract). Ada County and its elected officials, agents, employees, successors and assigns shall be included as Additional Insureds under the AGREEMENT BETWEEN ADA COUNTY AND THE YMCA FOR USE OF THE EAGLE SKATE BOARD PARK — PAGE 4 n:lparkslymca skateboard park contract.doc CGL with the Additional Insured endorsement providing coverage for Completed Operations. B. The YMCA agrees to hold harmless, defend, and indemnify the County, its officers, agents, and employees from and against all claims, losses, actions or judgments for damages for injury to persons or property arising out of or in connection with any activities, actions, negligence, or willful conduct of the YMCA, and/or the YMCA's agents, employees, or representatives under this Agreement. C. The YMCA guarantees the County that it will provide all services, programs, or activities under this Agreement in accordance with all applicable federal, state, and local statutes, regulations, and requirements. Further, the YMCA agrees to indemnify and defend the County for any loss, expense, or damage of any type experienced by the County as a result of the YMCA's violation of the guarantees given in this Paragraph II.C. D. This Agreement and its performance shall be construed in accordance with and governed by the laws of the State of Idaho, with venue for any action brought pursuant to this Agreement to be in the Fourth Judicial District, State of Idaho. E. In the event any provision or section of this Agreement conflicts with applicable law, or is otherwise held to be unenforceable, the remaining provisions shall nevertheless be enforceable and shall be carried into effect. AGREEMENT BETWEEN ADA COUNTY AND THE YMCA FOR USE OF THE EAGLE SKATE BOARD PARK — PAGE 5 n:lparks\ymca skateboard park contract.doc IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. Board of Ada County Commissioners By: By: By: ATTEST: J. David Navarro, Ada County Clerk STATE OF IDAHO ) ) ss. County of Ada ) Judy M. Peavey -Derr, Chairman Rick Yzaguirre, Commissioner Fred Tilman, Commissioner Treasure Valley Family YMCA By: Title: On this day of , 2004, before me, a Notary Public, personally appeared , known or identified to me to be the of the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. Notary Public for Idaho Commission Expires AGREEMENT BETWEEN ADA COUNTY AND THE YMCA FOR USE OF THE EAGLE SKATE BOARD PARK — PAGE 6 n:lparks\ymca skateboard park contract.doc June 8, 2004 Dear Mayor Merrill, Council Members, and those in attendance, I find myself before you again to ask you to reconsider your decision to allow us to have our shack in the park. I am to understand that you may not have acquired all of the information you had wanted to since the last meeting. I took it upon myself to contact the City of Boise, Meridian and Nampa regarding this issue. I have copied the information sent to me today. I believe you each have a copy. You will note a part in the agreement that says that temporary vendors will be portable and will remove theri facility each evening. I talked with Ginger at the parks department. She explained that this requirement was implemented because of vandalizm of vendors with stationary buildings. She explained that these buildings were located in parks off main streets and not lighted. Heritage Park does not have this problem and we have never had a problem with vandalism. The city of Boise was the only city that responded today. Our upkeep of the park still seems to be an issue for one or more of you. As my daughter stated last week, our workers are instructed to check the park generally at shift change for debris on the ground and trash cans. If they need to be emptied, they are. I am to understand that Trautman is to tend to the park in the mornings. We have been tending to the park every summer since it opened. I have noted on many occasions the trash is only emptied in the morning if it is full. It is important for each can to be emptied each morning regardless of how full it is. It is also important that the bathrooms be kept in working and clean order. This has not been the case. We have, on many occasions, cleaned the bathroom and got it back in working order and in the morning, emptied the trash. I would like you to understand from someone who is there nearly every day in the summer, the trash problem is not from Eagle "Tropical Sno. As you can see, 1 brought my sleeves of cups with me again this week. These represent an average day. With the addition of 200 spoons and a few napkins, this is the trash generated by the shack. Even if the cups were separated, they would not even fill one trash can. We have a can outside the shack and like all the rest of them in the park, our debris is only a very small portion of the trash that you will find in them. I can confirm that you will find alot of other vendors & picnic trash in the Heritage Park recepticles than ours. We know, we have been cleaning up for years. Additionally, we offer the clean up and trash duty on Saturdays when Trautman is not available. I think that if you do not allow us in the park to do business and help with cleanup you will notice that my words are true. This park quite simply is used my many people and emptying trash once a day will not be sufficient, whether we are there or not. My suggestion to you is that Trautman be required to clean the park two times a day and additionally on Saturday. 4' Again regarding safety, a child was nearly hit in the crosswalk in front of the park again today. I want to keep as many children out of the street and busy parking lots as possible and that is my biggest reason for wanting to stay in the park. We take pride in the attention that we have given to the park and to the citizens of Eagle over the last few years. When we were shut down last year to make electrical updates, we did it. Our improvements cost several hundred dollars and the shack was closed for several days. We have always complied with the city. We have cleaned, policed, and given back to the community over and over again. We supply jobs for youth and a safe place for families to enjoy a treat. It is time for the ordinance to be reviewed as you all see fit, but saying no to us isn't the answer. I talk to so many failies that simply cannot understand why we may not be in the park anymore. ,to (cAA `la"- LI June 7, 2004 Mayor Merrill and City Council Members Eagle City Hall 310 E. State Street Eagle, Idaho 83616 Re: FPUD-3-04 Final Development Plan for Winding Creek PUD Dear Mayor Merrill and Council Members, Please consider the following condition to be added to our conditions of approval for the final development plan and final plat of Winding Creek, "A height exception shall be permitted to allow for up to 40 feet with review and approval by the Design Review Board Said exception shall only apply to a two story building with a steep pitched roof with a design style in accordance with the Eagle Architecture and Site Design Book Any area exceeding 3S feet shall be for aesthetic purposes and shall not be permitted as living space. Flat roof buildings shall not be permitted a height exception." PUD's typically include exceptions to various codes to allow consideration for creating unique planned communities as well as to encourage a variety of building types. The previously approved preliminary development plan for the Winding Creek PUD allows for flexibility with our final development plans. The Winding Creek PUD is a mixed community consisting of residential and commercial uses, which will enhance the historic design styles encouraged in the recently adopted Eagle Architecture and Site Design Book (EASD). This book was not adopted at the time of our application submittal and therefore we could not have contemplated certain encouraged building types for commercial use such as the Queen Anne style and its steep sloping roof. A specific application, currently on file with the City, would take advantage of this height exception. It is a Queen Anne style building. A review of the building elevations, and photo of an existing similar building in the north end (see attached), shows this building directly corresponds to the Queen Anne style encouraged in the EASD book. The EASD book specifies elements envisioned for the Queen Anne style such as, the stories are to be multiple and roof types are to be steep cross -gabled. In the case of the application submitted the roof exceeds the height limitation by 3 feet. It's 38 -feet while 35 -feet maximum is generally permitted in the MU Zone. Thank you for yo nsidera Ron Bath, Salmon Pointe LLC 1729 S. Whys i a a • le, ID 83616 208-938- 9 - `i : -938-9759 www. salmonpoint.net Existing Example of Queen Anne •Immtt VACI LU TO.1.4 L. GO fl- "" Proposed Queen Anne PROW 11.11Y A TION 504 ILI VA TON tig NI OM T TRASH IIHCLOSURIS OCR 51LA.11 LUIVAT04 RetA111 CITY OF EAGLE ALLEGED CODE VIOLATION DATE 618 1 0 4 TIME I- 50p rk RECEIVED BY PROPER Y ADDRESS/LOCATION OF ALLEGED VIOLATION�_a MA'"? C; 7L—e_ t. 2 th LeFle.frk.(' Ca/rili v — kicrel-lt d) ii p a ZS - .i _5---t -- of an S NAME OF PROPERTY OWNER NAME OF OCCUPANT NAME OF ALLEGED VIOLATOR THE COMPLAINT IS REGARDING: ABANDONED/DISABLED VEHICLE ANIMAL CONTROL BUILDING WITHOUT A PERMIT BUSINESS OUT OF HOME DUMPING GARBAGE & RUBBISH INTERSECTION SITE OBSTRUCTION NOISE/GLARENIBRATION PARKING IN STREET SIGN TREE BRANCH OVERHANG WEEDS OTHER COMMENTS Se P a TTOt p J Le 1 1-e y. I^ -jdp.✓t - ! COMPLAINANT INFORMATION: 1 COMPLAINANT'S NAME 4-1-kti r - COMPLAINANT'S ADDRESS 51 3 \1001/4. 24-c ve S s r1 COMPLAINANT'S PHONE #.2-0 A- g 39 -4 051 FAX # COMPLAINANT'S SIGNATURE . / into the City, this document beco esnf a public record and may be obtained *Once turned t o by any individual(s) in accordance with Idaho State Code §4-338. Page 1 of 1 K 1CiertsWotms\applicauons1Con4lawt torn doc FROM: Kathy Freeman 513 Watercress Lane Eagle, Idaho 83616 208-939-4054 June 8, 2004 TO: Mayor Nancy Merrill; City Council Members, Stan Bastian, Steve Guerber, Scott Nordstrom, Lynn Sedlacek; Eagle Chamber of Commerce Members, Teri Bath, et. al.; Rodeo Coordinator, Tracy Baggerly RE: Violation of the 10:00 P.M. to 7:00 A.M. noise ordinance as per City of Eagle Code 4-9-3: INCIDENT #1: Amplified music emanating from the temporary rodeo grounds north of the bypass, south of State Street on Friday and Saturday nights, June 4 and 5, 2004, after 10:00 P.M.. INCIDENT #2: Beginning June 1, 2004, construction machinery noise emanating from the development site east of Albertson's prior to 6:00 A.M. CODE/ORDINANCE 4-9-1: It is determined that sound can and does constitute a hazard to the health, safety, welfare, and quality of life of residents of the city. The mayor and council, by way of Idaho Code section 50-308, are empowered to impose reasonable limitations and regulations upon the production of sound to reduce the harmful effects thereof. Now, therefore, it is hereafter the policy of this city to prevent and regulate sound generated by loud amplification devices wherever it is deemed to be harmful to the health, safety, welfare, or quality of life of the citizens of the city, and this chapter shall be liberally continued to effectuate that purpose. (Ord. 370, 8-8-2000) CODE/ORDINANCE 4-9-3: Between the hours of ten o'clock P.M. one day and seven o'clock A.M. the next day, it shall be unlawful for any person or business to make or cause loud or offensive noise by means of voice, musical instrument, horn, radio, loudspeaker, automobile, machinery, other sound amplifying equipment, or any other means which disturbs the peace, quiet, and comfort of any reasonable person of normal sensitiveness residing in the area. Loud or offensive noise is that which is plainly audible Within any residence or business other than the source of the sound, or upon a public right of way or street at a distance of one hundred feet or more from the source of such sound. INCIDENT #1: Friday night, June 4, 2004, I was kept awake by loud music emanating from the direction of the temporary rodeo grounds. When it had not abated by nearly 11:OOpm, I contacted the Ada County Sheriff's office who confirmed and indicated that noise was also reported coming from Amanita Street. Noise from both directions stopped prior by 11:30pm. According to Tracy Baggerly, it was not live music, but a CD. 1 Saturday night, June 5, 2004, I was once again kept awake, this time by even louder, more obnoxious music with a reverberating underlying base boom. At about 10:25 pm, I called the Ada County Sheriff's office about the noise; when it hadn't stopped within about 20 minutes, I called again; 15 minutes later, I called for the third time at which time the dispatcher informed me that they couldn't stop the noise because they had a waiver signed by the Eagle City Council for the band to play until midnight. Upon locating the names and phone numbers of City Council Members, I left messages on the answering machines of Mayor Nancy Merrill and Councilman Stan Bastian. At about 11:OOpm I talked to Councilman Steve Guerber who said, "Yes, they have a permit to play until midnight, but they still must comply with the noise ordinance." (I assume as per Code 4- 9-6, Section D). He said he would call the Ada County Sheriff's office. When at nearly 11:30pm the noise still had not stopped, I called Councilman Scott Nordstrom. He also agreed to call the Ada County Sheriff's office, and within a few minutes the noise had finally stopped. Sunday at 4:30om, Stan Bastian left a message on my answering machine. When I called him back day later, he apologized and said that the Chamber of Commerce, in charge of Eagle Funs Days, had come to the Council requesting the waiver. Monday, June 7, I went to Eagle City Hall and was informed by a clerk that no law had been broken because the City Council had approved the waiver. Today, Tuesday, June 8, I inadvertently ran into a Chamber of Commerce member entering a Chamber luncheon. When I mentioned the incident, he directed me to a Chamber member affiliated with a radio station who referred me to the member in charge, Teri Bath; Teri, in turn, deferred me to the person in charge of the rodeo, Tracy Baggerly. Upon talking to Tracy Baggerly, he said that it was a fundraiser to benefit poor people and adversely affected only a few people; he then deferred me back to the City Council. A phone call to a municipal tort lawyer revealed the necessity of a City Council to hold hearings and post notices in newspapers and in open viewing places informing the community in regard to proposed changes in codes and ordinances. Later, in the afternoon, I went into city hall for a copy of the Eagle City Noise Ordinance and information regarding hearing and notices regarding any changes. At that time, Nancy Merrill informed me that hearings and notices take place as required by law and are on record. Afterward, the clerk informed me that hearings and notices had not taken place in this case because they weren't required by law. "Legal" or not, the music was an annoying nuisance, having a detrimental effect on people in the community (Code 4-1-3); a disturbance, having a harmful to health, welfare, and quality of life of citizens (Code 4-9-1); and a violation of the public peace, quiet and comfort of normal people (Code 4-9-3). 2 If legal recourse is not available to maintain our City Codes and Ordinances, perhaps, this is a political issue. COMMUNITY COMMENTS—Eagle Meadows Mobile Home Park: During Incident: Sat. June 5, 10:30pm--Children ages 10-12: "I just want it to stop." "I just wish it would stop." After Incident: Mon. June 7—Adults: "It was awful. I was going to call, but I kept thinking it would stop." "I couldn't stand it." "I just wished I could make it stop." One adult said, "I liked it." Tues. June 8—Adults: "I thought I was going crazy. I went outside to see if the sky was falling." "If I had known it was approved by the council, I would've called Nancy." "I wish I would've called about it. It was awful." INCIDENT #2: Beginning the week of June 1, 2004 – June 4, 2004, I have been awakened at 6:00 A.M. more than once by the high pitched sound of a power saw and/or other machinery. COMMUNITY COMMENTS – from Retirement Home behind Albertson's: Tuesday, June 8, 2004, Employee— "The `beep, beep, beep' and other machinery coming from the construction site starting at 6:00 A.M.is really annoying the residents here." Once again, "legal" or not, the machinery is an annoying nuisance, having a detrimental effect on people in the community (Code 4-1-3); a disturbance, having a harmful to health, welfare, and quality of life of citizens (Code 4-9-1); and a violation of the public peace, quiet and comfort of normal people (Code 4-9-3). If legal recourse is not available to maintain our City Codes and Ordinances, perhaps, this is a political issue. Whatever it takes, WE JUST WANT THE NOISE TO STOP! Thank you for serving and praying for God's direction in your difficult decision making efforts to maintain a balanced community. God Bless Z -4-,24--.---m, Kathy Freeman Citizen & Resident DEFINITIONS: CODE - a systematic statement of a body of law ORDINANCE - authoritative decree or law; municipal regulation 3 Eagle City Council Public Hearing Sign-up Sheet Subject: CU -2-04 - Mobile Office (Pre -manufactured Bank Facility With Drive Un Service) — Home Federal: June 8, 2004 7:30 p.m. ADDRESS/ TESTIFY NAME TELEPHONE SUBJECT YES/NO? PRO/CON Page 1 f 1 H:1CO UNCILIAGENDAICCS IGN U P. W PD Eagle City Council Public Hearing Sign-up Sheet Subject: ZOA-2-04 (Ordinance No. 444)— Zoning Ordinance Amendment — City of Eagle: Ordinance Of The City Of Eagle, Ada County Idaho Repealing Eagle City Code Title 8 "Zoning", Chapter 8 "Area Of City Impact", Section 2 "Annexation To Occur Only In Area Of City Impact"; Providing A Severability Clause; And Providing An Effective Date. (WEV) June 8, 2004 7:30 p.m. ADDRESS/ TESTIFY NAME TELEPHONE SUBJECT YES/NO? PRO/CON Page 1 f 1 H:ICOUNCILIAGENDAICCS IGNUP. W PD LC L St Luke's 611 J11rflkart safe J `keommunity AED Program More than 250,000 Americans die of sudden cardiac arrest each year, resulting in nearly one death every two minutes.That's why St. Luke's has created a community program designed to place Automated External Defibrillators (AEDs) in various locations throughout the Treasure Valley so that the appropriate resources are available when and where they are needed.To assist in this endeavor, we intend to partner with civic leaders, local corporations and American Heart Association training centers.Through this cooperative effort,AEDs, heart healthy information, training and medical support will be provided free of charge to non-profit organizations demonstrating a need. There is currently no existing community -wide AED program in the state of Idaho, therefore this is an outstanding opportunity for St. Luke's, its civic and corporate partners to educate the public on heart healthy behaviors and provide a much needed community service. OUR GOALS AND OBJECTIVES • To launch a community -wide heart health campaign, centered around the introduction of educational information and the placement of AEDs in strategic locations. • To identify civic and corporate partners willing to support this community effort. • To ensure integration and coordination of AED services/program with community emergency response system. • To offer community education and training to appropriate individuals/entities. HOW YOU CAN HELP • Participate in St. Luke's kick-off event by proclaiming your city a "HeartSafe Community." • Approve the placement of a free AED unit in City Hall. • Identify a "champion" within your organization to facilitate training of staff and support of equipment. INFORMATION ABOUT AEDs • What is an AED? An automated external defibrillator (AED) is a device that shocks the heart to restore a normal heartbeat after a life-threatening irregular rhythm.The AED is capable of interpreting a person's heart rhythm and automatically delivering a defibrillation shock with minimal input from the operator.The only knowledge required to operate an AED is to press the "ON" button.The unit speaks to you in a computer-generated voice that guides you through the rest of the procedure. • Who can benefit from defibrillation? There are many causes of sudden cardiac arrest, also known as ventricular fibrillation, where the normal electrical signal that runs through the heart is interrupted for some reason.These may include congenital defects, illness, heart attack, environmental conditions, and physical contact, such as a sudden blow to the chest.l • Anyone, at any age, can become a victim of sudden cardiac arrest.Ventricularfibrillation is common in adults, but relatively uncommon in children. However, according to a scientific statement published in Circulation: journal of the American Heart Association (July 2003), they state that AEDs are "safe for children as young as age one. • How prevalent is sudden cardiac arrest? More than 250,000 Americans die of sudden cardiac arrest each year, resulting in nearly one death every two minutes. Up to 50,000 of these deaths could have been prevented if someone had initiated the four -step cardiac Chain of Survival (I. early access to EMS, 2. early CPR, 3. early defibrillation, and 4. early advanced cardiovascular care), and if an automated external defibrillator had been available for immediate use at the time of the emergency.2 • How important is training? Training is necessary in order to understand the role of defibrillation in the cardiac Chain of Survival.Training in CPR and AED skills will enable the rescuer to offer appropriate response, thereby increasing the victim's chance of survival. Emergency personnel (EMS, police, fire) should be trained as they are often the first responders in an emergency.According to a study in the Annals of Emergency Medicine, police generally arrive on the scene before paramedics, therefore victims are ten times more likely to survive if the police can defibrillate them upon arrival at the scene. CONTACT INFORMATION Beth Toal Public Relations Manager St. Luke's Regional Medical Center 190 E. Bannock St. Boise, ID 83712 208-381-2002 toalb@slrmc.org 1 www.aedheart.com/faq.asp 2 American Red Cross 2003, www.redcross.org/services/hss/courses/aed.html =-,1-AFL St Luke's Heart Safe Training and Service Training and service for AEDs purchased, or donated to non-profit organizations, by your company through the Heart Safe Community program are provided by STAT Emergency Training Center (ETC), a division of STAT PADS'. STAT ETCH'' is an American Heart Association certified training center directed by board certified emergency physicians. Dedicated to the highest standards of medical education, STAT ETC provides expert instructors and a professional support staff. Comprehensive Training Heart Safe Community AED purchasers receive training for up to 10 staff members.Training follows American Heart Association (AHA) guidelines for CPR and AED use.All trainers are AHA -certified. • CPRTraining and Certification: Basic Life Support (BLS) training, which includes recognizing the signs and symptoms of stroke, heart attack, choking and cardiac arrest; CPR instruction; and proper techniques for treating a choking victim. • AED Training: Seamlessly integrated into the CPR training, participants learn step-by-step use of the AED. • Blood -Borne Pathogens Training: Provides vital information on blood-borne pathogens and teaches proper techniques to assure safety for the responder. Ongoing Service As part of the STAT PADS Solution TM monthly service agreement, you will receive the following services and training. • Medical Control: Continued program oversight by an emergency medical physician. • On -Site Physician Event Review and Debriefing: Comprehensive debriefing session provided each use of the AED. • Electrode Replacement: Provided each time the AED is used. • On -Site Service and Replacement Assistance: In the event of any concern or problem with the AED(s) in your facility, a replacement AED will be provided within 48 hours. • Quarterly STAT PADS Newsletter. • Notification of electrode and battery expiration dates. • Annual CPR, AED and emergency Oxygen Refresher Course: A one-hour refresher course provided during STAT PADS' annual visit. Includes readiness drills and review of internal activation and response procedures. • Bi Annual CPR and AED Recertification: Every two years, up to 10 staff members will be recertified on-site. ��St Luke's 1 Heart saf Frequently Asked Questions About AEDs Q.What is an AED? A. An automated external defibrillator (AED) is a device that shocks the heart to restore a normal heartbeat after a life-threatening irregular rhythm.The AED is capable of interpreting a person's heart rhythm and automatically delivering a defibrillation shock with minimal input from the operator. The only initial requirement of an AED operator is to press the "ON" button. Once activated, the unit speaks in a computer-generated voice that guides the user through the rest of the procedure.The user is prompted to place a set of adhesive electrode pads on the victim's bare chest and, if necessary, to plug the pads' connector to the AED.The AED then begins to automatically analyze the person's ECG rhythm to determine if a shock is required. If a shock is needed, the AED automatically charges itself and tells the user when to press the button to deliver the shock. Once the shock is delivered, the AED prompts the user to determine if normal breathing or circulation has returned; otherwise, the user will be reminded to start CPR1. Q. Who can benefit from defibrillation? A. There are many causes of sudden cardiac arrest, also known as ventricular fibrillation, where the normal electrical signal that runs through the heart is interrupted for some reason.These may include congenital defects, illness, heart attack, environmental conditions, and physical contact, such as a sudden blow to the chest.2 Anyone, at any age, can become a victim of sudden cardiac arrest.A scientific statement published in Circulation: Journal of the American Heart Association (July 2003), states that AEDs are "safe for children as young as age one." Q. How prevalent is sudden cardiac arrest? A. More than 250,000 Americans die of sudden cardiac arrest each year, resulting in nearly one death every two minutes. Up to 50,000 of these deaths could have been prevented if someone had initiated the four -step cardiac Chain of Survival: I. early access to EMS; 2. early CPR; 3. early defibrillation; and 4. early advanced cardiovascular care; and if an AED had been available for immediate use at the time of the emergency3. Q. How important is AED training? A. Training is necessary in order to understand the role of defibrillation in the cardiac Chain of Survival.Training in CPR and AED skills enables the rescuer to offer appropriate response, thereby increasing the victim's chance of survival. When your company becomes a Heart Safe partner through purchase of AEDs for use in your facility,AED training and support will be provided. Q. How are AED sponsors recognized? A. The AEDs provided through the Heart Safe Community program are wall units surrounded by signage that provides information on heart attack symptoms.The signage also includes sponsorship designation. (See page _ for an artistic rendering.) Q. We want to be part of St. Luke's Heart Safe Community. How do we get involved? A. For purchase and/or sponsorship information, call STATPADS at I -866-STATPADS (866-782-8723) or via email at www.statpads.com. 1 www.emedicinehealth.com 2 www.aedheart.com/faq.asp 3 American Red Cross 2003, www.redcross.org/services/hss/ courses/aed.html