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Minutes - 2009 - City Council - 06/23/2009 - Regular i ) ~'~. EAGLE CITY COUNCIL Minutes June 26, 2009 ~?:> PRE-COUNCIL AGENDA: 5:30 p.m. - 6:30 p.m. I. City of Eagle Police Report: Sgt. Alan Olsen, distributes the Monthly Report and discusses the same. Reports on Eagle Fun Days. Each year gets better and better. We had a private company that did traffic control on the major intersections. No arrests were made at the Nut Feed. We had a couple late night after hours call at the Rodeo. Discussion on animal calls. General discussion. 2. Ada County Prosecutor's Office Report: Ax Yewer, Ada County Deputy Prosecutor, provides an overview of FY 08/09 contract. Current contract is $33,195.00. Next fiscal year FY 09/1 0 the contract amount will be $36,854.00 as the case load has increased. The Contract amount is only for part of the attorney time. This is for misdemeanor and infractions prosecution. General discussion. 3. Public Works Director Report: Mike Echeita: We had a good meeting today with the Humane Society. Dr. Rosenthal is going to work on a proposal for next fiscal and he is going to his board to discuss what kind of a proposal they can provide the City this year. Weare going to have another meeting next week so I should have some figures at the next Council meeting. General discussion. Update on the Senior Center Parking Lot. Shawn Charters is meeting with me this week on the Grant and we will have a better idea of when the bids can go out and when the project can start. The grant is still going forward. General discussion. 4. Zoning Administrator's Report: Bill Vaughan: We are dealing with open land use applications. I will be bringing you an ongoing work plan. Discussion on the agreement with ACHD on the Hill Road Extension improvements. 5. City Attorney Report: I have been working with Senator McGee and St. AI's attorney on the Highway 44access. I have another meeting tomorrow. I did visit with the Lt. Governor yesterday. We are trying to figure out how to take care ofthis without requiring hundreds of thousands of dollars in studies. Bruce Smith will be here to discuss the water litigation in Executive Session. Now that you have approved the BLM Park Plan, part of the plan had in it in regards to the funding and how you are going to maintain it and construct it, what we have done with other parks we usually annex the parks. We annexed the Ada County Park and also annexed Eagle Island State Park. BLM has indicated that they do not object to this. We are looking at wrapping this into an annexation request that we heard about yesterday from M3 that they would make that contiguous to the City with a piece of property that they have acquired or have an interest in called the Hansen piece. So it is likely that we will see these all together in an annexation application. General discussion on the Plaza extension. 6. City Clerk/Treasurer Report: I'm working on the Budget and the Mayor will discuss some budget meetings with you. Mayor discusses having meetings on July ih and July 21 st. Jackson- Heim will not be available on July ih. Page 1 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-06-23-09mindoc 3. Mayor and Council Reports: Semanko: No report Huffaker: Discussion on graffiti under the bridge. Public Works Director Echeita: this is an ITD bridge and it seems to be a no man's land. When the river goes down we can look into painting over tht: graffiti. General discussion. Mayor: Reports on Eagle Fun Days. There were a lot of people out for the parade. The Fire Department didn't shoot their water and didn't throw out candy. This Saturday there is a city wide promotion "Eagle is Open for Business". I'm going to have City Hall open. There is a Jazz Festival Thursday through Saturday this week. Huffaker: I talked to the Chamber in the past and there was concern that kids would run out at the parade. The insurance carrier prohibits handing out candy at the parade. The easiest way to hand out candy would be to have someone walk along the parade route. It's a disappointment for kids. General discussion. Shoushtarian: Chamber did a great job with Eagle Fun Days. Reports on the AIC Annual Meeting. Jackson-Heirn: I would like to thank the Chamber of arranging cool cars for us to ride in at the parade. Reports on the Commuter Ride Bus. I'm participating on behalf of the Council on the Complete Count Committee for the 2010 Census. They have been meeting every other week. There are going to be some activities to enlighten people that the census is coming and what this means to cities. I had the opportunity to speak at Girls State which was in Nampa this year. I was treated like a queen and really enjoyed the experience. And last but not least, call me Councilman. I don't take any offense to this. It is just fine to address me as Councilman. REGULAR COUNCIL AGENDA: 6:30 p.m. 1. CALL TO ORDER: Mayor Bandy calls the mee:ting to order at 6:35 p.m. 2. ROLL CALL: HUFFAKER, SHOUSHT ARIAN, SEMANKO, JACKSON-HElM. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Troop #100 from Boise and Troops #20 and #38 from Meridian lead the Pledge of Allegiance. 4. PUBLIC COMMENT: Semanko: I think there are a number of people here tonight for the Clean Air Ordinance and the public hearing has been closed so I think they should know what the ground rules are. City Attorney Buxton: This is not a public hearing under the statute. You are in a public meeting and the Mayor can prescribe how you want to run the meeting and if you want to open the floor up to the public in an orderly fashion you are: able to do that but it is not something that is required by State Law. It is the discretion of Mayor and City Council. General discussion. Page 2 K:\COUNCILIMfNUTES\Temporary Minutes Work Area\CC-06-23-09min.doc Jason Gibbson, 2217 W. Burn Street, there has been signs and posters around for "Eagle Open for Business". My concern is "is Eagle Open to Business". What concerns me as a business owner is the violations of fundamental rights. I see signage requirements that have to be passed by a Board; I see planning and zoning rules that need to be passed that have nothing to do with operating my business on my private property. This concerns me. I just wanted to bring this forward to you. Please respect our private property rights and allow me to operate my business as I see fit. Mayor: I would like to ask the Council to add an itt~m to Unfinished Business. Huffaker moves to add the Idaho Rural Block Grant Program to the Agenda as Item # 7 A. Old Business and move the Ordinance will be Itf~rn #B. Seconded by Sernanko. ALL AYES: MOTION CARRIES........... 5. CONSENT AGENDA: . Consent Agenda items are considered to be routine and are acted on with one motion. There will be no separate discussion on these items unless the Mayor, a Councilmember, member of City Staff, or a citizen requests an item to be removed from the Consent Agenda for discussion. Items removed from the Consent Agenda will be placed on the Regular Agenda in a sequence determined by the City Council. . Any item on the Consent Agenda which contains written Conditions of Approval from the City of Eagle City Staff, Planning & Zoning Commission, or Design Review Board shall be adopted as part of the City Council's Consent Agenda approval motion unless specifically stated otherwise. A. Claims Al!ainst the City. B. Open Container Permit: Little Morris LLP, represented by Margret Titmus is requesting an open container permit to be used at Merrill Park from 4:00 p.m. to 9:00 p.m. on July 31, 2009. (SKB) C. Re-appointrnent to Desil!D Review Board: Mayor Bandy is requesting the re- appointment of Robert Grubb to the Design Review Board. Mr. Grubb's term will expire in June 2012. (PB) D. Minutes of June 9. 2009. (SKB) E. DR-ll-09 - Master Sil!n Plan for Hanbury Meadows Subdivision Entry Sil!nal!e. includinl! Sil!nal!e for Hanbury Golf Course: Banbury Meadows Homeowners Association, represented by Talena Dovel with The Land Group, Inc., is requesting design review approval of a master sign plan for the entry signage for Banbury Meadows Subdivision, including signage for Banbury Golf Course. The monument signs will be located at the Colchester Drive and Eagle Road intersection, Oakhampton Drive and Eagle Road intersection, and approximately 2,800- feet north of Chinden Boulevard on the west side of Locust Grove Road. (WEV) F. DR-12-09 - Expansion to the Wood river Cellars to include Open-Air Amphitheater - NJN II. Inc.: NJN II, Inc., represented by Billy Ray Strite with BRS Architects, is requesting design review approval to construct a 50,000- square foot open-air amphitheater at the W oodriver Cellars event center. The 21.2-acre site is located on the west side of State Highway 16 approximately 1,600-feet north of Beacon Light Road at 3705 North Emmett Highway.(WEV) G. EXT-08-09 - Conditional Use Permit Extension of Time - Olde Park Properties. LLC.: Olde Park Properties, LLC, represented by Justin Woolston is requesting a one (1) year extension of time for the conditional use permit Page 3 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-06-23-09min.doc approval for a height exception. The 0.63-acre site is located on the west side of Olde Park Place approximately 1 50-feet south of West State Street at 67 and 87 Olde Park Place. (MJW) Semanko: I don't want to remove the June 9th minutes, just a couple of comments: remove the sentence about my walk to Winco; AI- did you second the extension of time on 5F? AI- Yes; and there are a couple of spellings that I will go over with the Clerk. A resident in the audience requests that Item # F. DR-12-09 - Expansion to the Woodriver Cellars to include Open-Air Amphitheater be removed from the Consent Agenda. Shoushtarian removes Item #5G from the Consent Agenda Shoushtarian moves to approve the Amended Consent Agenda. Seconded by Jackson- Heirn. Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: Jackson-Heirn: AYE: ALL AYES: MOTION CARRIES.............. F. DR-12-09 - Expansion to the Wood river Cellars to include Open-Air Arnphitheater- NJN II. Inc.: NJN II, Inc., represented by Billy Ray Strite with BRS Architects, is requesting design review approval to construct a 50,000-square: foot open-air amphitheater at the Woodriver Cellars event center. The 21.2-acre site is located on the west side of State Highway 16 approximately 1,600-feet north of Beacon Light Road at 3705 North Emmett Highway.(WEV) Linda Hamilton 4210 Double S Lane, I would like to talk about the Wood River Cellars application on the amphitheater. I am representing the following people by signature from them. This includes my husband, Ken Hamilton, Joan Langdon, Mary Taylor, Doris Shimmer, Logan Shimmer, Mary Stilwell, Glen Stilwell, and Jim Flack. There are two concerns: #1 the noise mitigation and #2 traffic safety issues. As to the noise mitigation the noise travels several miles. I believe that having certain architect designs cal1l mitigate the noise. What noise mitigation systems are going to be put in place? How was the method chosen and what research was done? Discussion on the surrounding land. Terra View Subdivision was approved for this area which is a high density subdivision. I don't think this application should be taken lightly by the Council. I found out by accident that the winery wanted to do this. I want to address traffic safety now. The traffic goes 65 miles an hour though the area" Discussion on traffic accidents and deaths along this route. How are they going to handle the traffic for concerts? I would like to get out of my driveway safely. We are not against the amphitheater we just want to make sure we exist in harmony and that there is safety. Creston Thorton, 757 West Bankside Drive, the main concept here is to try and generate income and have traffic come through the business district of Eagle. This is an excellent use ofthe land. We are asking for a five year series. Displays an overhead of the area. The amphitheater could also be used for cultural and arts events. We are looking at 10-12 show for the summer. Discusses compliance and traffic. Dave Buich, 3100 N. Glen Stuart Lane, discussion on the Development Agreement. We have been talking to three jurisdictions, Eagle, Ada County and Star. We are looking at other property across the street and we wanted to bring everything in at one time. Our goal has always been to come into the City of Eagle. I haven't signed because I wanted to be sure that we had approval of the amphitheater and if not we would stay in Ada County or go to Star. Jackson-Heim: How about a condition that you sign the Development Agreement? Dave- sure. Dave Buich: Discusses the amphitheater, the noise and the traffic concerns. This is a big commitment for us and it is important to us. This is the highest and best use of the land for us. We can't build houses anymore. We are going to have concerts like we have now. We just need Page 4 K\COUNCILIMINUTES\Temporary Minutes Work Area\CC-06-23-09min.doc to expand. Our commitment is there for safety and for our neighbors. We are concentrating on the arts. General discussion. Zoning Administrator: I will be glad to stand for questions. General discussion on the Design Review Application. General discussion on the application. Sernanko moves to continue this Agenda Item to the July 14, 2009 City Council meeting, that the Staff Report and all of the information be provided to City Council, including all of the comment letters, and the things that have been submitted by agencies and citizens; not a full public hearing but a public comment period be provided for people who want to make comments including oral comments and any written, telephonic, or e-mail comments that people want to provide and any follow up information that the applicant wants to provide. Seconded by Shoushtarian. ALL AYES:MOTION CARRIES...................... 5G. EXT-08-09 - Conditional Use Permit Extension of Time - Olde Park Properties. LLC.: Olde Park Properties, LLC, represented by Justin Woolston is requesting a one (1) year extension of time for the conditional use permit approval for a height exception. The 0.63-acre site is located on the west side ofOlde Park Place approximately 1 50-feet south of West State Street at 67 and 87 Olde Park Place. (MJW) Shoushtarian: discussion on the height exception. Pm also concerned about this application because of traffic. This application is now coming back for an extension and I think this would be a great opportunity for the applicant to come back and say what their proposal for this application is and if they have not done anything on the property after a year, what is the planning for this project. This was a controversial application to begin with. General Council discussion. Sernanko moves to approve EXT-08-09 - Conditional Use Permit Extension of Time - Olde Park Properties. Seconded by Huffaker. Discussion. THREE AYES: SHOUSHTARIAN NAY: ALL AYES: MOTION CARRIES................. 6. PROCLAMA TIONS & RESOLUTIONS: A. Resolution 09-16: A Resolution Of The Eagle City Council Expanding The Eagle Wine District Overlay, And Providing An Effective Date. (WEV) Due to a publication error, staff is requesting this item be continued to July 14, 2009. Mayor introduces the issue. Due to a publication error, staff is requesting this item be continued to July 14, 2009 and I would also like this matter to be tabled because it will likely be amended. This could be remanded to staff. So moved by Sernanko. Seconded by Jackson-Heirn. ALL AYES: MOTION CARRIES... B. Resolution 09-17: Declaration of surplus equipment. (SKB) Mayor introduces the issue. Jackson Heirn moves to approve Resolution No. 09-17. Seconded by Shoushtarian. ALL AYES: MOTION CARRIES................... C. Resolution 09-18: Declaration of surplus equipment. (SKB) Mayor introduces the issue. Jackson-Heirn moves to approve Resolution No. 09-18. Seconded by Shoushtarian. ALL AYES: MOTION CARRIES................... Page 5 K:\COUNCIL\MfNUTES\Temporary Minutes Work Area\CC-06-23-09min.doc 7. UNFINISHED HUSINESS: A. Idaho Rural Block Grant Prol!ram: Mayor introduces the issue. City Attorney Buxton: provides an overview of the changes to the contract. General discussion. Bill Sali, John and Ed Priddy. Bill Sali: I have not seen a copy of the Contract. I will commit to City Council that I will get with Susan in the morning. I don't believe that anything discussed here would be a problem. General discussion. John Priddy, 10376 Hinsdale Court, Boise, we are very excited about this opportunity. The collaboration is exciting and this will bring jobs. The Department of Commerce has been cooperative in this language. Huffaker moves to instruction the Mayor to sign the Contract subject to the various amendments we have discussed tonight which would include Paragraph #17 on the insurance and also additional indemnification language to make sure that all our obligations for the City are backed up and we would be indemnified by the private third parties, TriCedar, LLC, Vinernakers, LLC or any other persons or entity that might be involved in this project. Seconded by Shoushtarian. Huffaker: AYE; Shoushtarian: AYE; Sernanko: AYE: Jackson-Heirn: AYE: ALL AYES: MOTION CARRIES.............. B(A.) Ordinance No. 622 - Proposed Clean Indoor Air/ AKA Smoke Free ordinance - City of Eal!le.: An ordinance ofthe City of Eagle, Ada County, Idaho, amending Eagle City Code Title 4 "Public Health and Safety", adding Chapter 11 "Clean Indoor Air", providing a severability clause, and providing an effective date. (PB) Mayor introduces the issue. Semanko: I would suggest that Jeff make some comments on the changes and that we allow public comment tonight. Planner Lowe: Provides an overview of the changes. Council discussion on having Public Comment. C.J. Thomas, 4831 Willow Creek Road, this is my personal opinion. I'm a smoker. I haven't commented at previous public hearings because I have been beat up about smoking. There is probably 10% of the population of the City of Eagle that smokes. This is non-issue in the City of Eagle. This is not going to change my smoking. Why is the ordinance going to be passed? Discussion on air quality. I'm concerned about whether you are setting a precedent. Brendon Smyth, 823 Radcliff, I am a business owner in Eagle. We moved here about 5 years ago. I'm not puzzled by who wants this, I'm from California and we came here for a different way of life where people choose for themselves. Discussion on personal rights. I have come from place where everything was a law. When did it take affect that we are responsible for other people's health? You are looking at what California has done and it will go downhill from here. I'm a non-smoker. John Petrovsky, 4841 Willow Creek Road, I second what the last two speakers have said. I am speaking for Kathy Pennisi because she could not be here tonight. Reads into the record Kathy Pennisi letter. Page 6 K\COUNCILIMINUTES\Temporary Minutes Work Area\CC-06-23-09mindoc Sandy Smith, North Channel Chevron, I don't think it is the City's place to tell people where they can smoke. I have two patios for smokers. Wt~ already have a program in place telling people where to smoke. I heard about this by seeing articles in the paper. People will only hear "Smoking Ban", they will think that they can't smoke anywhere in Eagle and they won't come here. People are already respectful ofthe guidelines that are in place. I've heard the comment that this is just a fund raiser for the City. Businesses are being charged a higher fee than the smokers. It is not for the business owners to regulate the smokers. Who is going to enforce this? Do we want to have our police regulate this? Jim Brooks, I have lived in Eagle for seven years, I lendorse everything that you have already heard on this subject tonight and I have even sent some of you e-mails. I think this is an infringement on my freedom. No one else is qualified to know what is good or not good for me. Look at this for individual freedom. Joey Esquisa, I am a live long non-smoker and I do not live in Eagle. This problem will soon attack the City I live in now. I don't go to establishments that have smoking. We can take care of ourselves and I would like you to reconsider your decision. I live in Nampa. Wayne Hoffman, Executive Director of the Freedom Foundation, we have heard from people from all over the State about different issues. The biggest issue right now is the Smoking Ban in Eagle. People are concerned where you are going to stop. I'm worried about our liberties. Jason Gibbson, 2217 W. Burn, the part ofthe legislation that concerns me most is the redefinition of private property. Reads into the record two passages for Ayn Rand's Capitalism. This ordinance violates my right to make individual choices. I would like you to reconsider the constitutionality of what you are doing. I can't believe that I live in a City that has turned so Socialist. Bob Glenn, 62 Clear Creek Drive, Boise, everything that has already been said is what I was going to say. I wore my uniform for 47 years. I'm proud of that fight and beg you not to do this. This Country is going the wrong way and beg you not to do this. Monica Banderaga 5729 N. Garret, I'm a business owner and I own two businesses. I smoke but I do not allow smoking in my businesses. I have gone door to door to find out what people think about this. This is about over regulating business. We don't need to over regulate. I didn't know about the two meetings. It is important that as business people we have our rights and responsibilities. John Walker, 2230 E. Brigateen Drive, I struggle very much with this being an issue about my personal freedoms or a matter of public health. My parents both died because of smoking which was their choice. My background is 15 years in the health industry. Discusses second hand smoke. Kathy Streetman, 677 Stierman Way, I believe it is not up to the City to regulate the environment, it is up to the individual. We have personal liberties that should not be affected. I'm not a smoker but if people choose to do that then 1 can choose to not be around them. Personal liberties need to be protected. John Anderson, Meridian, I have parents that died of lung cancer. I have never been a smoker. Discussion on banning unhealthy food, alcohol and smoking, where does it stop? We have a lot of money floating around that is doing social engineering. None ofthese people came here to lobby. Stop smoking is an individual decision. The business that allows smoking I don't go to. We are discriminating against one vice over another vice. Page 7 K\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-06-23-09min.doc Tom Rodgers, Nampa, This is madness. You are taking grown adults and reducing them to children. If you don't like a smoke filled place, get out. If you don't like to work in a smoke environment, get out. This never stops. What is next? I would rather be free than protected. I will protect myself and my family. Just leave us alone, we can do the job better. Case Hopson, 344 Iowa Avenue, Nampa, I'm here because I'm worried. I've been through the war. In 1954 we immigrated to the United States from Holland and three years later I became a citizen. What we liked about America is the freedom. Regulations happen gradually over time and then the government has total control. Please do not regulate where you don't have to. Butch Grothus, 3490 N. Saddleman Place, you have heard about freedom tonight. I think the people who elected you had more serious issues for you to address. Try not to micro-manage people's lives. Council general discussion. Sernanko moves to table this Ordinance and that we put together a well thought out letter to the committees of jurisdiction and the leadership in the State Legislature letting them know that this issue has been brought to our attention and ask them to take a look at their existing State wide ban and consider the issues that have been brought up in our Council meetings and leave it that comprehensive State Law. Seconded by Jackson-Heirn. Discussion. Sernanko: AYE; Jackson-Heirn: AYE; Shoushtarian: NAY: Huffaker: I would like to have further discussion. Further Council discussion. Mayor calls for the question again: Sernanko: AYE; Jackson-Heirn: AYE; Shoushtarian: Discussion on a Referendum: NAY; Further Discussion on a Referendum. Huffaker discussion on why his mind has been changed. Huffaker: AYE: MOTION CARRIES.................. City Attorney to research tabling a motion. Mayor calls a recess at 10:05 p.m. Mayor reconvenes at 10:20 p.m. 8. PUHLIC HEARINGS: None 9. NEW HUSINESS: A. Ordinance 625 (Adonai Subdivision): An Ordinance Annexing Certain Real Property Situated In The Unincorporated Area Of Ada County, Idaho, And Contiguous To The Corporate Limits Of The City Of Eagle, To The City Of Eagle, Idaho; Changing The Zoning Classification Of Said Real Property Described Herein From Rut (Rural-Urban Transition) To R-2-DA (Residential With A Development Agreement); Amending The Zoning Map Of The City Of Eagle To Reflect Said Change; Directing That Copies Of This Ordinance Be Filed As Provided By Law; And Providing An Effective Date. (MJW) Mayor introduces the issue. Jackson-Heirn 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 #622 be considered after being read once by title only. Jackson- Heirn reads Ordinance #622 by title only. Seconded by Huffaker. ALL AYES: MOTION CARRIES.............. ... Jackson-Heirn moves that Ordinance #622 be adopted. Seconded by Huffaker. Huffaker: AYE; Shoushtarian: AYE; Sernanko: AYE; Jackson-Heirn: AYE; ALL AYES: MOTION CARRIES................................ ... Page 8 K\COUNCILIMINUTES\Temporary Minutes Work Area\CC-06-23-09min.doc B. Ordinance 627: An Ordinance Of The City Of Eagle, Ada County Idaho Amending Eagle City Code Title 2 "Eagle Arts Commission", Chapter 6, Section 1 "Commission Created"; Section 2 "Term Of Office And Vacancies"; Section 3 "Organization"; Section 4 "Duties And Responsibilities"; Providing A Severability Clause:, And Providing An Effective Date. (SKB) Mayor introduces the issue. Shoushtarian 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 #627 be considered after being read once by title only. Shoushtarian reads Ordinance #627 by title only.. Seconded by Huffaker. ALL AYES: MOTION CARRIES................. Shoushtarian moves that Ordinance #627 be adopted. Seconded by Huffaker. Discussion. Huffaker: AYE; Shoushtarian: AYE; Sernanko: AYE; Jackson-Heirn: AYE; ALL AYES: MOTION CARRIES................................... C. Ordinance 629: An Ordinance Amending Eagle City Code Title 3, Chapter 2C, Section 10 "Hours Of Sale", And Providing An Effective Date. (SKB & SEB) Mayor introduces the issue. City Attorney Buxton: Discusses the State Law and the choices that the City Council can make. This ordinance does not go as far as the State Law. General Council discussion. Sernanko moves to continue this item until such time as it comes back on the Agenda. Seconded by Jackson-Heirn. ALL AYES: MOTION CARRIES................ 10. EXECUTIVE SESSION: A. Pendinl! or threatened Iitil!ation: I.C. 967-2345(f) Mayor introduces the issue. City Attorney Buxton: the pending or threatened litigation is the water right litigation and the Charney matter. Jackson-Heirn moves to go into Executive Session for the discussion of pending or threatened litigation I.C. ~67-2345(f) in the matter of the water right litigation and the Charney matter. Seconded by Sernanko. Huffaker: AYE; Shoushtarian: AYE; Sernanko: AYE; Jackson-Heirn: AYE; ALL AYES: MOTION CARRIES................................... Council goes into Executive Session at 10:30 p.m. Council discusses pending or threatened litigation in the matter of the water right litigation and the Charney matter. Council leaves Executive Session at 10:50 p.m. II. ADJOURNMENT: Huffaker moves to adjourn. Seconded by Semanko. ALL AYES: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 10:50 p.m. Respectfully submitted: Page 9 K\COUNCILIMlNUTES\Temporary Minutes Work Area\CC-06-23-09min.doc JA~j( ~ SHARON K. BERGMANN CITY CLERK/TREASURER .......".......,. ".., G t..E "'" "".... L'.-..~ ........ *' ", .. v.. ... E.. <# .... b,.- h.. \ e. -:. .. 0...... ~r- ..... 0 ~ = : 0 <a-~ ~ : : ><: 'l. , '"'V-~.....: : . ~ . Cl. < _ - r-. , ~ "'.,...,- _ ..... 0 f..~ /00.. "-I - .- .. '\ -:v~. ~ : ~ U . 'oJ t:- 0"". b .. ':. e. ~.:; <q:..:"'. ~ ...... ... INcot.. 0 ~ ...... '* ........<'~ ...... ...... ,.. ~ .... """ S 'f p ...... ',,'.............. P ILLIP J. BANDY MAYOR A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT EAGLE CITY HALL Page 10 K\COUNCILIMINUTES\Temporary Minutes Work Area\CC-06-23-09min.doc