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Minutes - 2019 - City Council - 12/10/2019 - Regular EAGLE CITY COUNCIL MINUTES December 10,2019 1. CALL TO ORDER: Mayor Ridgeway calls the meeting to order at 5:30 p.m. 2. ROLL CALL: Present: GOLD, PITTMAN, MITCHELL. Absent: BASTIAN. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Mayor Ridgeway leads the Pledge of Allegiance. 4. SERVICE RECOGNITION: None 5. PRESENTATION: A. Republic Services Recycling Update and Calendar Recommendation: Rachele Klein with Republic Services will present an update of Republic Services' water bottle and leaf recycling in Eagle and 2020 calendar recommendations to the City Council. Rachele Klein 11101 W Executive Dr. Boise, Idaho representing Republic Services. Ms. Klein reviews the curbside recycling, leaf recycling program (that was expanded this year), and the pilot program for water bottle recycling. There is an option to continue the water bottle recycling program, costs are presented to the Council should they wish to add the program for 2020. Klein discusses possibly shift the timeframe for the curbside leaf recycling. General discussion regarding the quantity of materials recycled. 6. PUBLIC COMMENT 1: This time is reserved for the public to address their elected officials regarding concerns or comments they would like to provide to the City Council regarding subjects not on the agenda. At times,the City Council may seek comments/opinions regarding specific City matters during this allotted time. This is not the time slot to give formal testimony on a public hearing matter, land use application,or comment on a pending application or proposal. Out of courtesy for all who wish to speak, the City Council requests each speaker limit their comments to three(3)minutes. Hank Allen 687 W. Rush Ct Eagle, Idaho. Mr. Allen discusses his concerns with 5G cell services and encourages the City to enact ordinances to enhance the safety of the community. He provides draft language for a moratorium for the Mayor and Council to consider. 7. ADDITIONS, DELETIONS OR MODIFICATIONS TO THE AGENDA; INCLUDING THE CONSENT AGENDA: A. City Staff Requests: Staff wishes to address item 8G. B. Mayor or City Council Requests: None 8. ALL CONSENT AGENDA ITEMS ARE CONSIDERED ACTION ITEMS 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 Page 1 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-12-10-19min.docx Consent Agenda will be placed on the Regular Agenda in a sequence determined by the City Council. • Any item on the Consent Agenda which contains written Conditions of Approval from the City of Eagle City Staff, Planning & Zoning Commission, or Design Review Board shall be adopted as part of the City Council's Consent Agenda approval motion unless specifically stated otherwise. A. Claims against the City. B. Minutes of November 26, 2019. (SKB) C. Resolution 19-28 — CPI Rate adjustment for Republic Services: A resolution of the City of Eagle, Idaho amending Republic Services fee schedule pursuant to the solid waste contract recycling collection services as stated in Section 4.2A "Customer Rates — Establishment" and providing an effective date. The rate adjustment is based on the Consumer Price Index (CPI) and will increase no more than 1.764%. (SR) D. Appointment to the Eagle Public Library Board of Trustees: In accordance with Resolution 17-34 Mayor Ridgeway is requesting Council confirmation of the appointment of Kirsten Lewis to the Board. Ms. Lewis will be serving a five (5) year term; her term will expire September 30, 2024. (SR) E. EXT-07-19 — Preliminary Plat Submittal Extension of Time for the Terra View development — Terra View, LLC: Terra View, LLC, represented by Justin Martin, is requesting a two (2) year extension of time for submittal of a preliminary plat for the Terra View development, a mixed use development including +/- 231.7 acres of residential use (single-family and multi-family units) and +/- 55.9 acres of commercial uses. The 287.6-acre site is located at the Northeast corner of Beacon Light Road and State Highway 16. (WEV) F. Findings of Fact and Conclusions of Law for the Approval of RZ-08-08 MOD —Rezone Development Agreement Modification—Lazy P Limited Partnership Lazy P Limited Partnership, represented by Emily Mueller with Mark Bottles Real Estate Services, is requesting a modification to the rezone development agreement associated with Eagle Island Market Place. The request is to allow an additional bank/financial institution (with drive-up service) within Eagle Island Market Place. The .997-acre site (Lot 4, Block 1, Lazy P Subdivision) is located on the north side of West Chinden Boulevard approximately 275-feet east of the intersection of North Linder Road and West Chinden Boulevard at 1500 West Chinden Boulevard. (WEV) G. Memorandum of Understanding with Eagle Urban Renewal Agency (EURAI for Eagle Road and State Street Design: Staff is requesting approval of a memorandum of understanding between the City and the EURA for cost sharing of streetscape design for Eagle Road and State Street. The City of Eagle's portion of the cost sharing is $12,037.50. (NBS) H. Task Order 19-04—Downtown Grid Improvements: A request to authorize the Mayor to sign Task Order 19-04 authorizing Baer Design, LLC firm to create a landscape design and streetscape specification and plan for the City's downtown grid system. The specifications should address the minimum ROW needed pursuant to ACHD's policies and provide the City design options (and eventually specifications) for both sides of the street, street trees planted in silva cells, historic lights, public art, benches & amenities, Page 2 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-12-10-19min.docx brick/concrete pavers, irrigation, and lighting. The intent is to establish an alternative specification to replace and/or amend the standards within the Eagle Architecture and Site Design Book (EASD Book) and Eagle City Code. (NBS) I. Memorandum of Understanding with Eagle Urban Renewal Agency (EURAi for Downtown Grid Plan: Staff is requesting approval of a memorandum of understanding between the City and the EURA for cost sharing of streetscape design for the Downtown Grid. The EURA is covering the entire $42,500 cost. (NBS) J. Resolution No. 19-27 Adoption of the City of Eagle Volunteer & Intern Policy. (SR)(SKB) Mitchell moves to approve the Consent Agenda Items 8A thru #8J, excluding 8G, as presented. Seconded by Pittman. Gold: AYE; Pittman: AYE; Mitchell: AYE; ALL AYE: MOTION CARRIES............ 8G. Memorandum of Understanding with Eagle Urban Renewal Agency (EURAI for Eagle Road and State Street Desi: Staff is requesting approval of a memorandum of understanding between the City and the EURA for cost sharing of streetscape design for Eagle Road and State Street. The City of Eagle's portion of the cost sharing is $12,037.50. (NBS) Planner III Baird-Spencer addresses typographical errors within the document, and suggested corrections of the same. Should Council approve the MOU, these corrections should be noted in the motion. Pittman moves to approve 8G with the correction made on page 2 of Section 2 of the URA responsibilities under Subsection A payment the amount at then of the paragraph should indicate and be spelled out to read twelve thousand thirty-seven dollars and fifty cents, it is correct in the parenthesis, but is not correct in the text. The correction is under 2A as well. Seconded by Gold. GOLD AYE; PITTMAN AYE; MITCHELL AYE...ALL AYE...MOTION CARRIES. As it is too early to hear public hearing items, reports are moved up on the agenda and heard at this time. 14. REPORTS: A. Mayor and Council Reports: Mitchell reports on the Senior Center elections that were occurring today. Pittman reports on the PPRC meeting last week and expresses his gratitude to staff for their work on seeking grants for trails repair. Also notes that the new recreation program guide is out and discusses all of the programs being offered. Discusses pop up activities. Gold reviews the Arts Commission meeting and the Quilt and Fiber Art Show that was held in conjunction with Eagle Country Christmas. They also funded part of the prize for the artwork for the 2020 Eagle Saturday market poster. Mayor Ridgeway reviews his meeting with the Treasure Valley Partnership. Governor Little attended the meeting and discussed tax reform and the shift in the tax burden. Council moves new business item up on the agenda to be heard now. 11. NEW BUSINESS: A. *ACTION ITEM' Animal Control Advisory Committee Recommendation: The Animal Control Advisory Committee, represented by Scout O'Gara and Patty Cutler, Page 3 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-12-30-19min.docz review and provide recommendation to City Council to extend Animal Control agreement with Idaho Humane Society on a quarter by quarter basis provided improved levels of services through the end of the fiscal year. Also, the committee is seeking approval of additional regular meetings through the remaining current fiscal year to provide due diligence, determine financial costs, structure any potential agreements, and work on logistics of the City providing Animal Control service. Mayor introduces the item. Scout O'Gara reviews the background of the Animal Control Advisory Committee and the findings of the same. Council members express their gratitude to those who served on the Advisory Committee there was an excellent group of very passionate people involved in the process Chief Clifford states that if the City wanted to create an animal control position and have it staffed by the Ada County Sheriff's Office in January, the start up costs would be $93,000 in subsequent years it would be around $65,500 annually and remain at that rate for the next 4 years. The 5th year of the contract the cost would rise to approximately $75,000. These figures only cover personnel, vehicle and equipment, it would not address how to house the animals and the aftercare of the animals. General discussion. Gold moves to accept the recommendation of the Animal Control Advisory Committee and to fund the contract (with the Idaho Humane Society) one quarter at a time with measured progress. Seconded by Pittman. Discussion. Gold amends to add that the Advisory Committee may continue to hold meetings as needed until the end of this fiscal year. Second concurs with the amendment. GOLD AYE; PITTMAN AYE; MITCHELL AYE. ALL AYE...MOTION CARRIES. 9. UNFINISHED BUSINESS: NONE 10. PUBLIC HEARINGS: Public hearings will not begin prior to 6:00 p.m. • Public Hearings are legally noticed hearings required by state law. The public may provide formal testimony regarding the application or issue before the City Council. This testimony will become part of the hearing record for that application or matter. • Disclosure of ex parte and/or conflict of interest. A. ACTION ITEM: ZOA-03-19—Zoning and Subdivision Ordinance Amendment(Ordinance 820) - City of Eagjçj An ordinance of the City of Eagle, Ada County Idaho, amending Title 6 "Public Ways and Property", Chapter 7, Section 6, and amending Title 8 "Zoning", Chapters 1, 2 & Article 2A, 3, 4, 5, 6, 7, and amending Title 9 "Land Subdivisions", Chapters 1, 2, 3, 4, 5; providing a severability clause; and providing an effective date. (WEV) This item was continued from the November 26, 2019 City Council meeting. Mayor Ridgeway introduces the item. Zoning Administrator Vaughan reviews the zoning and subdivision ordinance amendment, and changes requested at the meeting of November 26th, Mayor opens the public hearing. Page 4 K:\COVNQL\MINUTES\Temporary Minutes Work Area\CC-12-10-19min.docx Steve Bender, 1235 N. Seven Oaks Place. Mr. Bender provides a handout to Mayor and Council and reads the coversheet into the record. Mr. Bender expresses his concern with the changes staff had brought forward, and reviews changes he proposes. The changes would provide definitions for the terms public right of way and access easements, re- organization of Chapter 8-2A, and addresses Chapter 11A in which new language from Chapter 8 would be inserted into Chapter 11A. Discussion between Council and the Zoning Administrator for clarification. Mayor closes the public hearing. Discussion amongst the Council. Gold 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 dispensed with, and that Ordinance#820 be considered after being read once b title only. Seconded by Pittman. ALL AYE: MOTION CARRIES..... ................. Gold moves that Ordinance#820 be adopted. An ordinance of the City of Eagle, Ada County Idaho, amending Title 6 "Public Ways and Property", Chapter 7, Section 6, and amending Title 8 "Zoning", Chapters 1, 2 & Article 2A, 3, 4, 5, 6, 7, and amending Title 9 "Land Subdivisions", Chapters 1, 2,3, 4, 5; providing a severability clause; and providing an effective date. . Seconded by Pittman. GOLD AYE; PITTMAN AYE; MITCHELL AYE: ALL AYE: MOTION CARRIES.............. 11. NEW BUSINESS: B. *ACTION ITEM. Animal Control Advisory Committee Recommendation: The Animal Control Advisory Committee, represented by Scout O'Gara and Patty Cutler, review and provide recommendation to City Council to extend Animal Control agreement with Idaho Humane Society on a quarter by quarter basis provided improved levels of services through the end of the fiscal year. Also, the committee is seeking approval of additional regular meetings through the remaining current fiscal year to provide due diligence, determine financial costs, structure any potential agreements, and work on logistics of the City providing Animal Control service. See above. 12. PUBLIC COMMENT 2: This time is reserved for the public to address their elected officials regarding concerns or comments they would like to provide to the City Council regarding any matter,up to and including any subject on the agenda with the exception of Public Hearing and land use items. Comments regarding Public Hearing and land use items need to be made during the open public hearing for said item(s) in accordance with Idaho Code. At times, the City Council may seek comments/opinions regarding specific City matters (excluding Public Hearing and land use items) during this allotted time. Out of courtesy for all who wish to speak, the City Council requests each speaker limit their comments to three(3)minutes. Steve Bender 1235 N. Seven Oaks Eagle, Idaho. Thanks the Council for their kind comments. Mr. Bender discusses his challenges as a recently elected HOA member and the implementation of the CCR's and compliance with code. He thanks the Mayor and Council member Mitchell and Bastian for their service. Page 5 K'\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-12-10-19min.docx Christopher Hadden 909 N. Morely Green Eagle, Idaho. Says what a great event Eagle Country Christmas was and wishes Mayor and Council a Merry Christmas. 13. EXECUTIVE SESSION: A. 74-206. Executive sessions When authorized. [effective until july 1, 2020] (1) An executive session at which members of the public are excluded may be held, but only for the purposes and only in the manner set forth in this section. The motion to go into executive session shall identify the specific subsections of this section that authorize the executive session. There shall be a roll call vote on the motion and the vote shall be recorded in the minutes. An executive session shall be authorized by a two-thirds (2/3) vote of the governing body. An executive session may be held: (f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. The mere presence of legal counsel at an executive session does not satisfy this requirement. Pittman moves pursuant to I.C. 74-206(t) that the City of Eagle go in to Executive Session for the purpose of ) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Seconded by Gold: AYE; Gold: AYE; Pittman: AYE; Mitchell: AYE; ALL AYES: MOTION CARRIES 14. REPORTS: A. Mayor and Council Reports: See above. B. City Hall Department Supervisor Reports: None C. City Attorney Report: None 15. ADJOURNMENT: Mitchell moves to adjourn. Mayor: are there any objections to adjournment? Seeing none we are adjourned. Hearing no further business, the Council meeting adjourned at 7:50 p.m. Re pe Ifully submitted: • O J; SHARON K. BERGMANN •`` Gl ••'•'••• � CITY CLERK/TREASURER �, , % ▪ • .A • sa A� � ��� ▪ • S • L~ � y• 4 L tP, •••••• Q STAN RIDGEWAY '% O� 11)1=, �����• MAYOR '�••�,�o„�,�.. AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT WWW.CITYOFEAGLE.ORG. Page 6 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-12-10-19min.docx i4io1vi sof T 't, R ' "0 REPUBLIC d.4 SERVICES L T' �r yk VVe`II handle it from here. 2019 Eagle Annual Recycling Update and 2020 Calendar Changes Prepared by Rachele Klein or Republic Services 12-10-2019 Curbside Single-Stream Recycling: The curbside recycling program in Eagle continued through FY 2019 on an every-other-week schedule. Over 95% of households recycled at least one time a month, which is our threshold for participation. We captured 1,493 tons of recycling during the year with a household average of 27.3 lbs. per month. Curbside Leaf Recycling: This year we extended the four-week curbside leaf recycling program by two weeks in early October. We opened the leaf recycling drop-site at City Hall mid-October, too. The drop-site remained open through the first week of December. We found that not enough leaves had dropped by mid-October to run the additional leaf trucks every day of the week. There was merit, however, in starting the leaf collection program the last full week of October and running leaf trucks through November. This year we collected 5,677 stops for a total of 912 cubic yards of leaves. All leaves were taken to the Ada County Landfill where they were ground, and either used as a soil amendment or composted. In 2020 we are proposing to modify the six-week curbside leaf recycling program to include the last week of October, four weeks of November, and the first week of December. Leaves were composted when set-out in large paper leaf ". ..� - err Yp g p p .�aim `'14ircalar, ' :bas. Residents could, however, set an unlimited number :r , � ''" ` of plastic trash bags full of leaves at the curb during the 1 I I , ¢qP. ; fall leaf recycling program (mid-October through � M.._. z� .. ,f November All plastic bags were collected as trash. � : w J . yap. Note: unlimited numbers ofplastic trash bags are also ,�_�� - ► 1 .. accepted during the weeks of spring clean-up and post- x�~ - -=_- r r . ;4%, Christmas clean-up. During the rest of theyear customers :- 14' can place ten plastic bags per week out for collection. { ; In 2020 we are again proposing leaf drop-site dates of mid-October through the first week of December. The '�- .'` �-� - � :� -- 'L unlimited trash bag option would coincide with the drop- � . .�,s;.+. ' i i� ''fir o'__. __ .-..✓�_:..d1 site dates. Drop-Site Leaf Recycling: The leaf recycling drop-site was open mid-October through the first week of December. The container was hauled 14 times and we delivered 280 cubic yards of leaves for composting to the Ada County Landfill. Water Bottle Recycling: : On March 8, 2019 we began a water- Y- - ,�1= bottle onlyrecycling pilot program. The ` Y g p g ��- y f aLy,a y x y� 49t =}f.i� �� f.r�- drop-site was located at Eagle City Hall and participants followed program guidelines perfectly and all water bottles _ _. F, were recycled. The drop-site was filled ,.. _ 4, a ,'._ ' , . four times before the pilot ended : : V,_ November 30, 2019. If the City decides to '. r` 1-')**, retain this program, the current cost .. x� ` • . � w ,,. . would be $1,895.76 per year, or $157.98 47:,- - i ti per month. - �. : -- "it:-::"2- „ , ® Delivery = $42.71 (waived) .tth _ ® Monthly Container Rent = $107.29 ($1,287.48/year) ® Each Haul = $101.38— Based on current usage, six hauls/year ($608.28/year) Glass Recycling: The glass recycling drop-site was hauled 94 times in 2019 and we collected a total of 667 tons of clean glass in Eagle. This glass was taken to Environmental Abrasives in Boise where it was crushed and used in different abrasive applications. al r-I 0 N o v-i (Ni v--1 D , 4 ,, - '8 1 ,... 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E c co -- 'gin O 0 (ll O c 0 ,_. 0 ..c,O O._ 73 0 ..c 0 :4"",.__. c-- 1 3. .9. +- :- r O (I) (1) em U 0 D 0 0 00 O O - o 00 UooaU .� O D 0 Uce_ ,,., .:-...—.. .--,-,,,,,,,,,..- ��a ,���� � � ` iia ` �" ,'a� .�y a iiiit,..„,,,::„.„,„,„:„.„,,,,,„,„:„,,.:„„:„..:„,„:„,,,„.,:,,.„.„,,,:„„„, , f 4�\\a»a y yy�� �} d„ �����•�a a�? �,4a\.�� `�a\\\„h:, ��` u�`�.,7�a��;:;avco,,a' +�`s"aa?4a\a,a,\\a ,r,• Brandon Johnson From: Matthew Clifford <mclifford@adacounty.id.gov> Sent: Friday, December 6, 2019 2:24 PM To: Lisa Kauffman; Dawn Lea; Patty Cutler; Ryan Wilkie Cc: Brandon Johnson;Jill Mitchell;tom brengle; aedowdyl @msn.com; happyjackcats@gmail.com;JKPalo@gmail.com; rafevdb@cableone.net; cicconn@gmail.com;woodingtonvet@yahoo.com; scout@ralstongrp.com; teresayragui@msn.com; tsmith2u@yahoo.com; Stan Ridgeway; Ellen Mattila Subject: RE: [EXTERNAL] Re:Animal Control Committee Hello All, I was just trying to read some of my scribbles I made over the various meetings and trying to crunch some numbers. I also re-contacted our finance guru to make sure my scribbles were correct. I wanted to update you with some figures before Tuesday, as they are a little different than I first thought, not much different, but I wanted to make sure everyone was aware nonetheless. I calculated a prorated rate if we were to start the contract in January 2020. That figure is approximately$93,000. That figure accounts for all upfront costs of radio and vehicle equipment and prorated salary. The contract would then go to approximately$65,500 at the start of the new fiscal year in October. That yearly cost would continue for another 4 years. After 5 years of contract, the cost would go up to approximately$75,000. Which basically provides money for new vehicle and equipment spread out through the time of the contract instead of a lump sum every 5 years. We don't collect the $75,000 a year for the first 5 years because we'd be double charging the city for the cost of the vehicle and equipment. If we wait for the beginning of the fiscal year, it would be approximately$110,000 for the first year and then $65,500 for the next 4 years. After the first 5 years it would then go to $75,000 a year to absorb the cost of vehicle and equipment yearly instead of a lump sum. I just want to make sure you all have the info so no one is surprised by the numbers I provide on Tuesday. Chief Matt Clifford City of Eagle Police Department 1119 E State St, Suite 260, Eagle, ID 83616 mclifford(i adacounty.id.orz www.adasheriff.org "We make safer places for you to live, work, and play." ADA COUNTY SHFRIFFs OFFICE From: Lisa Kauffman [mailto:lkauffman@humanesociety.org] Sent: Thursday, December 05, 2019 4:53 PM To: Dawn Lea; Patty Cutler Cc: Brandon Johnson; Jill Mitchell; tom brengle; aedowdyl@msn.com; happyjackcats@gmail.com; JKPalo@gmail.com; rafevdb@cableone.net; cicconn@gmail.com; Matthew Clifford; woodingtonvet©yahoo.com; scout@ralstongrp.com; S7,0 ``'-'^- .SG V NGI,V, CVO( COVACIL . 800-0Oviiivauce ' CO'S-_. _-t'./ ' a�`^ ~ 2019 ^_ �`` '_�`.'.' - M, lAO Deceober ..-��'- , . `'�~_^/S Ott /s ' ,.'�' Vt,t8S-V,VON p,-0-Oss 1 i L I ' -2-c C (\). .Celie,/v,,'(6 f ) ---) , -,, , ..., i ,,r- „vac EAGLE CITY COUNCIL MEETING AGENDA ITEM #1OA ZOA-03-19 — Zonin and Subdivision Ordinance Amendment Ordinance 820 City of Eagle December 10, 2019 EAGLE CITY COUNCIL MEETING AGENDA ITEM #1OA ZOA-03-19 — Zonin. and Subdivision Ordinance Amendment Ordinance 820 City of Eagle December 10, 2019 EAGLE CITY COUNCIL MEETING AGENDA ITEM #1OA ZOA-03-19 — Zonin and Subdivision Ordinance Amendment Ordinance 820 City of Eagle December 10, 2019 NAME TESTIFY PRO/CON PLEASE PRINT ADDRESS YES/NO NEUTRAL EAGLE CITY COUNCIL MEETING AGENDA ITEM #1OA ZOA-03-19 — Zonin . and Subdivision Ordinance Amendment Ordinance 820 City of Eagle December 10, 2019 CC 'taw' loll- Mr. Mayor,and Members of the Council, I appreciate the work staff has done on this,but there are still several tree removal issues that are not resolved in this proposed code amendment and...they potentially created a new one. At the last meeting,city planning agreed to work with the city attorney to resolve the conflicts that were talked about last time. They removed all subdivision references from Chapter 6,but they did not do a good job of adding them to Chapter 8. Almost the entire first section of the removal of trees provisions in 8 was gutted, leaving only the first sentence: "Existing trees shall be retained unless removal is approved in writing by the city." A very convincing case could be argued that this applies to all trees, including trees removed by a homeowner on their own lot. If you thought subdivision residents were upset about common property restrictions,how do you think they will feel about private property restrictions? During the last two weeks I have come to a better understanding of the two reasons the City should have a say in HOA common property tree removals. The first is that trees along the perimeter are visible to other properties that are not a part of the HOA. Removal could negatively impact neighbors. The second is that when the HOA was initially approved, apart of that process was approval of a Landscape Plan. After speaking with Mr. Vaughn, I have realized that the key issue behind the Get Permission First requirement is not the City having control to protect trees, but that the city needs to keep the Landscape Plan current. If an HOA were to alter the landscape, and years later an issue arises that results in legal action, it is the approved plan that would be the standard against which the HOA's landscaping was measured. The change in trees is probably fine...but not having an accurate record is never okay. On Monday morning before heading out for a root canal, I sent an email to the Council with proposed language for an amendment to this proposal. I ask you to consider that language. It does the following: Definitions for public right of way and access easements are added to the defined terms section. Chapter 8-2A, Paragraph C on tree removal is split into two separate sections. The first section applies to development of land to create a subdivision. Specifically it addresses requirements for removing existing trees and replacing them after construction. The second section applies to existing subdivisions and addresses the problems of overgrowth and of tree maintenance. It also distinguishes between public rights of way and those parts of the street easement that are put under HOA or lot owner control the sidewalks and landscaping strips. Finally, it addresses Chapter 11A, Spring Valley,which has identical language to Chapter 8 but for some reason or oversight wasn't touched by this proposal. The new language from Chapter 8 is inserted in Chapter 11A. I urge the council to adopt this amendment before passing the resolution. Thank you. 1 Below is an outline of the proposed amendment followed by the text of the amendment: I New definition of terms to be added Access Easement Public Right of Way II Title 8, Chapter 2A, Section 7 (C) Tree Removal and Replacement Existing Organizaton of Title 8, Chapter 2A, Section 7(C) to be replaced C Retention, Removal and Replacement of Trees 1 Retention of Existing Trees 2 Removal and Replacement of Existing Trees a Replacement of equivalent caliper trees b HOA only required to restore to remain compliant to landscape plan c Tree species exempt from replacement with approval d Emergency removals e Planting within public rights of way require approval 3 Damage During Construction 4 Grade Changes and Impervious Surfaces 5 Minimum Landscaping Proposed Organizaton of Title 8, Chapter 2A, Section 7© C Retention, Removal and Replacement of Trees 1 Redevelopment a Retention of Existing Trees b Removal and Replacement of Existing Trees i Replacement of equivalent caliper trees ii Tree species exempt from replacement with approval iii Emergency removals iv Planting within public rights of way require approval c Damage During Construction d Grade Changes and Impervious Surfaces e Minimum Landscaping 2 Requirements for Landscape Plans Applicable to Existing Developments a Trees removed and replaced in compliance to an existing Landscape Plan do not require city approval. b Trees removed and/or replaced that are not in compliance to an existing Landscape Plan i Trees removed and/or replaced that are not in compliance to an existing Landscape Plan require city approval. ii A revision to the landscape plan must be filed with the City prior to removal except in an emergency as defined in Section 8-1-2 (use same text as above). iii HOA exempt from the requirements of the tree fund in 7-0-2 c Replacement of trees in public rights of way and access easements i When HOA controls the landscape access easement, the HOA must comply with this section ii When individual homeowner controls the landscape access easement, the homeowner shall not be required to comply if removing and replacing the tree. iii When individual homeowner controls the landscape access easement, the homeowner shall be required to comply if removing and relocating or not replacing the tree. d Exemption for a single lot provided owner complies with CCRs II Title 11A Spring Valley amendment of, Chapter 2A, Section 7 (D) Tree Removal and Replacement Existing Organizaton of Title 11, Chapter 2A, Section 7(D) to be replaced D Retention, Removal and Replacement of Trees 1 Retention of Existing Trees r 4, 2 Removal and Replacement of Existing Trees a Replacement of equivalent caliper trees b HOA only required to restore to remain compliant to landscape plan c Tree species exempt from replacement with approval d E,ergency removals e Planting within public rights of way require approval 3 Damage During Construction 4 Grade Changes and Impervious Surfaces 5 Minimum Landscaping Proposed Organizaton of TitIel 1, Chapter 2A, Section 7(D) D Retention, Removal and Replacement of Trees 1 Redevelopment a Retention of Existing Trees b Removal and Replacement of Existing Trees. i Replacement of equivalent caliper trees. ii Tree species exempt from replacement with approval. iii Emergency removals. iv Planting within public rights of way require approval. c Damage During Construction. d Grade Changes and Impervious Surfaces. e Minimum Landscaping. 2 Requirements for Landscape Plans Applicable to Existing Developments. a Trees removed and replaced in compliance to an existing Landscape Plan do not require city approval. b Trees removed and/or replaced that are not in compliance to an existing Landscape Plan. i Trees removed and/or replaced that are not in compliance to an existing Landscape Plan require city approval. ii A revision to the landscape plan must be filed with the City prior to removal except in an emergency as defined in Section 8-1-2 (use same text as above). iii HOA exempt from the requirements of the tree fund in 7-0-2. c Replacement of trees in public rights of way and access easements. i When HOA controls the landscape access easement, the HOA must comply with this section ii When individual homeowner controls the landscape access easement, the homeowner shall not be required to comply if removing and replacing the tree. iii When individual homeowner controls the landscape access easement, the homeowner shall be required to comply if removing and relocating or not replacing the tree. d Exemption for a single lot provided owner complies with CCRs. Amendment to the Proposed Language of Ordinance No. 820 Mr. Mayor, I move that the following amendment to the motion to adopt Ordinance No. 820 be adopted: L In Section 1,the following definitions are added at the appropriate place in the alphabetical list of terms: Access Easement: "Access easement" also commonly and sometimes legally referred to as a"deeded access"means a property right running with the land and appurtenant thereto for purposes of vehicular ingress and egress at a designated location from private property to the public highway or public right-of-way created by a written document, contract or deed by exception between the state or any political subdivision of the state of Idaho and the landowner. Public right-of-way: Any land dedicated and open to the public and under the jurisdiction of a public highway agency,where the public highway agency has no obligation to construct or maintain said right-of-way for vehicular traffic. II. That Section 7 of the amendment be amended by striking the proposed language of Paragraph C and replaced with the following: C. Retention, Removal,and Replacement of Trees: 1. Redevelopment. The requirements within this subparagraph shall apply to the retention, removal,and replacement of trees as part of a request for redevelopment of any parcel of land with the exception of removal and/or replacement of a like kind(commercial for commercial, single family residential for single family residential,multifamily residential for multifamily residential)improvement for a single parcel of real property. a. Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in writing by the city. b. Removal and Replacement of Existing Trees: i. Where trees are approved by the city to be removed,replacement with a species identified in Section 8-2A-7Q of this article is required. For each caliper inch of deciduous tree removed,an equivalent amount of caliper inches shall be replanted. For each vertical foot of coniferous tree removed,an equivalent amount of vertical feet shall be replanted. Example: An eight-inch(8")caliper deciduous tree is removed, an acceptable replacement would be four(4)2-inch caliper deciduous trees.A twelve foot(12')tall coniferous tree is removed,an acceptable replacement would be two(2)six feet(6')tall coniferous trees. ii. Unless it is determined by the city that replacement is necessary to preserve and/or restore riparian and wildlife habitat,removal of the following trees shall not otherwise require replacement: black locust,poplar, cottonwood,willow,tree of heaven, elm,and silver maple. Trees which are weak wooded, weak branched,suckering,damaged,diseased, insect infested, or containing similar maladies may be exempt from replacement if removal is first approved by the city. iii.In cases where the condition of the tree(s)constitutes an"emergency"as defined in Section 8-1-2 of this title,the trees)may be removed without approval provided that the city is I • notified after removal and is provided with documentation indicating the tree's condition at time of removal. iv.Planting within public rights of way shall be with approval from the city and the public entity owning the property. c. Damage During Construction: Existing trees or shrubs that are retained shall be protected from damage to bark, branches,or roots during construction. Construction or excavation occurring within the drip line of any public or private retained tree or shrub may severely damage the tree or shrub.Any severely damaged tree or shrub shall be replaced in accordance with subsection C2 of this section. d. Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall be allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk plus six feet(6'),or to the drip line,whichever is furthest from the trunk. e. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the minimum required landscaping.(Ord. 699, 5-28-2013) 2. Requirements for Landscape Plans Applicable to Existing Residential Developments a. When a homeowners association or its agent removes a tree from subdivision common area that is diseased,damaged or dead and replaces it with another tree of the same species, prior approval from the city is not required. b. When a homeowners association or its agent adds new trees to subdivision common area property or removes tree(s)from subdivision common area to appropriately thin an overgrown canopy or in any other manner that is not reflected in the subdivision landscape plan,prior approval from the city is required. i. The intent of this provision is to ensure that the City's record of the subdivision landscape plan is maintained so that it accurately reflects the approved landscape. ii. The homeowners association must submit an application for tree removal together with the required site plan showing existing tree locations, showing trees to be removed,and showing trees to be replaced, if any. iii.The homeowner association shall be exempt from the requirements of the tree fund requirements in Section 7-0-2. c. When an Access Easement within a Public Right of Way, as those terms are defined in Section 8-1-2,has been created as a part of the subdivision,the following will apply to those Access Easements. i. When the covenants,conditions and restrictions of an approved subdivision has created an Access Easement within a Public Right of Way and made the homeowners association responsible for the maintenance of such Access Easement,the homeowners association shall comply with the provisions of this section. ii. When the covenants, conditions and restrictions of an approved subdivision has created an Access Easement within a Public Right of Way and made the homeowner of the lot abutting such Access Easement responsible for its maintenance,the homeowner shall not be required to obtain advance approval to remove and replace a tree of the same species at the same location provided that the homeowner remains in compliance with existing Covenants,Conditions and Restrictions. iii.When the covenants, conditions and restrictions of an approved subdivision has created an Access Easement within a Public Right of Way and made the homeowner of the lot abutting such Access Easement responsible for its maintenance,and the homeowner desires to alter the location or species,the homeowner is required to obtain approval in advance by submitting an application for tree removal together with the required site plan showing existing tree locations, showing trees to be removed,and showing trees to be replaced, if any.Advance approval shall not be required for removal of a tree in an emergency,as defined in Section 8-1-2,but no other relocation or change in species will occur until after an application has been submitted and approved. d.The requirements of this provision shall not apply to landscaping of a single lot within an existing subdivision provided that the homeowner remains in compliance with existing Covenants, Conditions and Restrictions. III. That the following additional section be added at the end of the proposed ordinance: Chapter 11A-3-7 Paragraph D be amended by striking Paragraph D and inserting the following: Retention, Removal,and Replacement of Trees: 1. Redevelopment. The requirements within this subparagraph shall apply to the retention, removal, and replacement of trees as part of a request for redevelopment of any parcel of land with the exception of removal and/or replacement of a like kind(commercial for commercial, single family residential for single family residential,multifamily residential for multifamily residential) improvement for a single parcel of real property. a. Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in writing by the city. b. Removal and Replacement of Existing Trees: i. Where trees are approved by the city to be removed,replacement with a species identified in Section 8-2A-7Q of this article is required. For each caliper inch of deciduous tree removed,an equivalent amount of caliper inches shall be replanted. For each vertical foot of coniferous tree removed,an equivalent amount of vertical feet shall be replanted. Example: An eight-inch(8")caliper deciduous tree is removed,an acceptable replacement would be four(4)2-inch caliper deciduous trees.A twelve foot(12')tall coniferous tree is removed,an acceptable replacement would be two(2)six feet(6')tall coniferous trees. ii. Unless it is determined by the city that replacement is necessary to preserve and/or restore riparian and wildlife habitat,removal of the following trees shall not otherwise require replacement: black locust,poplar, cottonwood,willow,tree of heaven,elm, and silver maple. Trees which are weak wooded,weak branched,suckering, damaged,diseased, insect infested,or containing similar maladies may be exempt from replacement if removal is first approved by the city. iii.In cases where the condition of the tree(s)constitutes an"emergency"as defined in Section 8-1-2 of this title,the tree(s)may be removed without approval provided that the city is notified after removal and is provided with documentation indicating the tree's condition at time of removal. iv.Planting within public rights of way shall be with approval from the city and the public entity owning the property. c. Damage During Construction: Existing trees or shrubs that are retained shall be protected from damage to bark,branches,or roots during construction. Construction or excavation occurring within the drip line of any public or private retained tree or shrub may severely damage the tree or shrub.Any severely damaged tree or shrub shall be replaced in accordance with subsection C2 of this section. d. Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall be allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk plus six feet(6'),or to the drip line,whichever is furthest from the trunk. e. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the minimum required landscaping. (Ord. 699, 5-28-2013) 2. Requirements for Landscape Plans Applicable to Existing Residential Developments a. When a homeowners association or its agent removes a tree from subdivision common area that is diseased, damaged or dead and replaces it with another tree of the same species,prior approval from the city is not required. b. When a homeowners association or its agent adds new trees to subdivision common area property or removes tree(s)from subdivision common area to appropriately thin an overgrown canopy or in any other manner that is not reflected in the subdivision landscape plan,prior approval from the city is required. i. The intent of this provision is to ensure that the City's record of the subdivision landscape plan is maintained so that it accurately reflects the approved landscape. ii. The homeowners association must submit an application for tree removal together with the required site plan showing existing tree locations, showing trees to be removed,and showing trees to be replaced, if any. iii.The homeowner association shall be exempt from the requirements of the tree fund requirements in Section 7-0-2. c. When an Access Easement within a Public Right of Way,as those terms are defined in Section 8-1-2,has been created as a part of the subdivision,the following will apply to those Access Easements. i. When the covenants, conditions and restrictions of an approved subdivision has created an Access Easement within a Public Right of Way and made the homeowners association responsible for the maintenance of such Access Easement,the homeowners association shall comply with the provisions of this section. P y ii. When the covenants, conditions and restrictions of an approved subdivision has created an Access Easement within a Public Right of Way and made the homeowner of the lot abutting such Access Easement responsible for its maintenance,the homeowner shall not be required to obtain advance approval to remove and replace a tree of the same species at the same location provided that the homeowner remains in compliance with existing Covenants, Conditions and Restrictions. iii.When the covenants, conditions and restrictions of an approved subdivision has created an Access Easement within a Public Right of Way and made the homeowner of the lot abutting such Access Easement responsible for its maintenance,and the homeowner desires ° to alter the location or species,the homeowner is required to obtain approval in advance by submitting an application for tree removal together with the required site plan showing existing tree locations, showing trees to be removed,and showing trees to be replaced, if any.Advance approval shall not be required for removal of a tree in an emergency, as defined in Section 8-1-2,but no other relocation or change in species will occur until after an application has been submitted and approved. d.The requirements of this provision shall not apply to landscaping of a single lot within an existing subdivision provided that the homeowner remains in compliance with existing Covenants, Conditions and Restrictions.