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Minutes - 2010 - City Council - 08/10/2010 - Regular EAGLE CITY COUNCIL Minutes August 10,2010 PRE-COUNCIL AGENDA: 5:30 p.m. - 6:30 p.m. 1. City of Eagle Police: Chief Hippe reviews the monthly report for June and comments on staffing needs for the upcoming fiscal year. Discusses the recent fire and the activities ofthe deputies during the emergency. Discussion regarding co-locating the Sheriffs Office services within the current City Hall facilities. The need is approximately 3000 square feet. There is a project manager with the Sheriffs Office that could help draw up how to modify current City Hall to incorporate law enforcement services. Acting Mayor Huffaker expresses his gratitude to the Sheriff s Office for their efforts during the fire. 2. Eagle Chamber of Commerce: Mark Butler, Chamber of Commerce Board member, discusses recent changes at the Chamber of Commerce. Mr. Butler states that Mary May is the Chamber liaison to the City Council, he introduces Gretchen Gilbert as the new Chamber President. Gretchen expresses her passion for Eagle and her desire to succeed in her new role. General discussion. 3. Mayor and Council Reports and Concerns: moved to the end ofthe meeting. 4. City Clerk/Treasurer Report: moved to the end of meeting 5. Zoning Administrator's Report: moved to the end of meeting 6. Public Works Director Report: moved to the end of meeting 7. City Attorney Report: moved to the end of meeting REGULAR COUNCIL AGENDA: 6:30 p.m. I. CALL TO ORDER: Acting Mayor Huffaker calls the meeting to order at p.m. 2. ROLL CALL: Present: HUFFAKER, SHOUSHTARIAN, SEMANKO, GRASSER. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Troop 77 leads the Pledge of Allegiance. 4. PUBLIC COMMENT: Frank Thomason, Valley Times inquires if certain staff functions could be performed from home? Has this option been considered during the review of City Hall locations? Acting Mayor Huffaker notes that 44 fire fighting units and similar numbers of law enforcement numbers were on hand during the fire doing an outstanding job. The Red Cross was at the evacuation location providing food and drinks to effected parties. There were also several instances of heroics by neighbors during the event. The Eagle community really reached out and helped their own during this time. Councilman Grasser concurs that it is a testimony to what a great community we live in. 5. CONSENT AGENDA: . A. B. C. 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 at 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. Claims Al!ainst the City. Minutes of July 20, 2010. Minutes of July 27, 2010. . Page I K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-08-10-10min,doc All items are removed from the consent agenda. Deputy Clerk Osborn answers questions posed by Grasser about claims against the City. SA Claims against the City: Semanko moyes to approve the claims. Second by Grasser. HUFFAKER AYE: SHOUSHTARIAN AYE: GRASSER AYE: SEMANKO AYE. Motion carries. 5B Minutes of July 20, 2010. Shoushtarian states that on page 3 the word full should be removed from the motion as he did not say "full responsibility". Semanko states that the motion should be clearer as to the fiscal responsibility the City would be taking on which was for the portion of the project that would have been ACHD's responsibility. Seconded by Huffaker. ALL A YE...MOTION CARRIES. 5C Minutes of July 27, 2010. Semanko notes two typo's and would like the reason for executive session to be inserted into the motion on page 4, it is noted later on that page but is certain the reasons were specified during the motion. Seconded by Huffaker. ALL AYE...MOTION CARRIES. 6. PROCLAMATIONS & RESOLUTIONS: A. Resolution 10-23: A Resolution Of The City Of Eagle, Idaho, A Municipal Corporation Of The State Ofldaho; Establishing A Minimum Interval For Consideration Of Non-City Initiated Comprehensive Plan Amendments Pursuant To Idaho Code; Providing This Resolution To Be Effective Upon Its Passage And Approval. The public is encouraged to make comment on this item. This item was continuedfrom the July 27,2010 meeting. Acting Mayor Huffaker introduces the item. No one chooses to speak Huffaker moves to approve Resolution 10-23 A Resolution Of The City Of Eagle, Idaho, A Municipal Corporation Of The State Of Idaho; Establishing A Minimum Interval For Consideration Of Non-City Initiated Comprehensiye Plan Amendments. Seconded by Semanko. ALL A YE...MOTION CARRIES. 7. UNFINISHED BUSINESS: A. Discussion Rel!ardinl! The 2004 Idaho Power/City Of Eal!le Stipulation Al!reement As It Relates To The Collection Of Franchise Fees And The Burial Of Distribution Lines. The public is encouraged to provide comment on this item. (WEV) This item was continuedfrom the July 6, 2010 meeting. Acting Mayor Huffaker introduces the item. No one chooses to speak. Zoning Administrator comments on the prioritization of lines to be buried. The Hill Road line would be at the top of the list. A detailed list could be pulled together and provide for review of the Council. Semanko moves to continue this item to a time when the Idaho Power representative can attend to discuss the priority items. Seconded by Grasser. Discussion. Grasser would like costs associated with the different priority items when this items comes back. ALL AYE...MOTION CARRIES. B. DR-12-10 - Three Oaks Plaza Master Sil!n Plan - Cottonwood Capital LLC: (Consideration of Sign Height Only) Cottonwood Capital LLC, represented by Cindy Huebert with BRS Architects, is requesting design review approval for a master sign plan for Three Oaks Plaza. The 3.64-acre site is located on the west side of South Eagle Road approximately 370-feet Page 2 K:\CQUNCIL\MINUTES\Temporary Minutes Work Area\CC-08-IO-] Dmin.doc north of State Highway 44 at 265 South Eagle Road. This item was continuedfrom the July 27, 2010 meeting. Acting Mayor Huffaker introduces the item. Applicant Chad Christensen provides comment via tele-conference. He reviews the benefits of a larger sign for this development. Discussion between Council and Mr. Christensen. Zoning Administrator Vaughan provides clarification as to the City's role in CC&R's, as does City Attorney Fitzer. Vaughan relays data regarding monument signs throughout Eagle, stating sign size and square footage of the business. Discussion. Cindy Huebert with BRS Architects reviews the renderings. Discussion amongst the Council. Semanko moves to approve the Design Review recommendation with regard to the 15' sign on the basis that on this specific case, on the facts of this one specific case, they are short on the 30,000 square feet because of the requirement to keep the trees in place and other reasons that have been observed in the discussions here and in the design review proceedings and that we go ahead and approve the sign. Seconded by Huffaker. Discussion. THREE AYE..SHOUSHTARIAN NAY. MOTION CARRIES. 8. PUBLIC HEARINGS: A. CU-ll-02 MOD - Conditional Use for a Mobile Home Occupied By a Family Member- Dale R. Chestnut: Dale R. Chesnut is requesting conditional use approval to allow a mobile home occupied by a family member to continue to be located upon a lot in which a single- family dwelling already exists. The site is generally located on the northwest corner of Conover Street and Syringa Street at 2052 and 2054 Syringa Street. (WEV) Acting Mayor Huffaker introduces the item. Lee Chesnut 2054 E. Syringa St. Eagle, Idaho representing Dale R. Chesnut. Lee Chesnut is Dale Chestnut's son. They are asking for the continuation of this conditional use permit. The home is currently on the site and there really wouldn't be any changes. They are agreeable with the conditions of approval. Discussion. Acting Mayor Huffaker opens the public hearing. Wilson Chestnut lives next door to the property in question. He is Dale's brother. It is an asset to have Lee Jiving there, helping with upkeep of the property and helping out Dale. He is in favor of Council approving this application. Semanko moves to approve CU-ll-02MOD Conditional Use for a Mobile Home Occupied Bya Family Member - Dale R. Chestnut including the site specific conditions of approval from the Commission and staff. Seconded by Shoushtarian. ALL AYE.. .MOTION CARRIES. B. CU-02-10 - Conditional Use Permit to Operate a Bar (stand-alone without a restaurant) - Bill McCarrel: Bill McCarrel is requesting conditional use approval for a Bar (stand-alone without a restaurant). The 0.3 2-acre site is generally located on the north side of East State Street approximately one hundred-twenty feet (120') east of North Eagle Road at 50 East State Street. (WEV) Acting Mayor Huffaker introduces the item. Bill McCarrel1570 N. Snead Ave. Eagle, Idaho. Mr. McCarrel reviews the application. He is pursing a shared parking plan and the finalization ofthe plan is in the works. Discussion. Discussion regarding the name of the bar, Mr. McCarrel states that the name is "The Bar" it is located at Orville Jackson's. Mr. McCarrel reads a statement by Dave Buich into the record. Page 3 K:\COUNCJL\MINUTES\Temporary Minutes Work Area\CC-08-1Q-1 Dmin,doc City Planner Williams stands for questions. Acting Mayor Huffaker opens the public hearing. Michelle Laughlin, 1390 N. Selvaggio Way Eagle, Idaho. She feels quite passionate about this project. She is shocked that a bar is being proposed in Eagle's downtown. Eagle is family friendly, quaint and charming and why they moved here. She is not certain that very many from our community would be patrons. Shane Chestnut 274 Harlan Place Eagle, Idaho. He was born and raised in Eagle. Mr. Chestnut supports the continuation of Orville Jacksons being open for business of some type. This location is in walking distance. He sees this proposal as being an asset and supports the application. Marcee Cook 2661 Meridian Rd. Eagle, Idaho. She is concerned with the image of Eagle if this is allowed. Ms. Cook grew up in a small town and with the addition of several bars the quality of life in her hometown deteriorated. She is concerned that if one bar is allowed more and more will be allowed. The message to children would not be good. Downtown Eagle is not to the place of it. She would like the application denied. Theresa Peery, 2458 N. Bottle Creek PJace Eagle, Idaho. Her family enjoys many activities in Eagle including the park system, library and local businesses. Would not like to see a bar at this location. She would like to preserve the family friendly feel in Eagle. Sabrina Anderson, 5521 Wild Goose Meridian, Idaho. She is very passionate about downtown revitalization. She discusses historic building codes and other codes that were in place in Nampa when she left. Ms. Anderson suggests other tools that the City could pursue to revitalize downtowns. Frank Thomason, Chairman ofthe Eagle Historic Commission. The Commission has not discussed this to date. What is the theme ofthe bar, i.e. sports bar, or other themes? Is it a hard liquor bar? Has there been a thought to reflecting the interior decor to the exterior history ofthe building. Richard Ames 120 N. Second St. Eagle, Idaho. I would be able to walk to the bar. He moved here in 1986 when the population was 3,500. He does not see this against family values. There needs to be a balance between parking requirements and wanting it to be pedestrian friendly. Mr. Ames would like to see food prepared on site and would give his vote of support. Living in the downtown he sees the downtown when it is awake and! asleep. He would like to see something happen vs. nothing. Jay Lynch 667 E. Knoll Eagle, Idaho. He is in favor of this application. The word liquor seems to be throwing everyone for a loop. With responsible drinking there won't be a problem. Mr. Lynch is a bar owner in surrounding cities. He feels the business should be welcomed. William Majors 224 W. Forest Hill Eagle, Idaho. He is a grandfather and commonly brings his them to downtown Eagle at 8:00 at night and enjoys the peaceful atmosphere. There is no guarantee that the patrons wouldn't bring harm to innocent bystanders. He does not feel this is the right place for a bar. Acting Mayor Huffaker closes the public hearing. Bill McCarrel provides rebuttal. At this time they only have a beer license in place, not a liquor license. The interior decor will be utilizing some of the materials that Mrs. Crosby has agreed to allow them to use. Bicycles will be encouraged. They may offer a shuttle service. It will be a no-smoking facility. Discussion amongst the Council. Laurie Baker the Eagle Museum Curator provides comment on architecture ofthe building and the ability of the building to be on the national register. Discussion of historic preservation. Page 4 K:\COUNCIVJvUNUTES\Temporary Minules Work Area\CC~08-1 0-1 Omin.doc Huffaker calls a 5-minute break is called. Grasser moves to re-open the public hearing for additional comment. Seconded by Shoushtarian. ALL A YE...MOTION CARRIES. David Turley 2272 Forest Hill Eagle, Idaho. He has always enjoyed the family quaintness of downtown. His concern is that if Orville Jackson's is allowed to become a bar that Mr. McCarrel may not be able to run a viable business due to references McCarrel has made to lack of finances and lack of experience in running a facility to this tYPt~. Bill McCarrel responds to a question posed by Semanko. There has been discussion ofthe preservation of the socia fountain. He does not have a final answer as to whether it would be kept or not. And as to experience, his wife's family has run a bar in Boise since 1992 so there is experience being brought to the table. Acting Mayor Huffaker closes the public hearing. Discussion amongst the Council. Concerns are expressed regarding the fit in the downtown in relation to the Comprehensive plan, the ability to meet parking requirements and other site specific conditions of approval. Discussion of limiting access to this historic building to only the 21 and over section ofthe population. The applicant is encouraged to possibly look into options of having the use be a restaurant vs. a bar aJone. Grasser moves to not approve items 8B and 8B.1. Seconded by Shoushtarian. Discussion. If the applicant could comply with EagJe code and Eagle Comprehensive plan as well as parking requirements it could possibly be approved. If it would come back with proposed restaurant vs a bar, a restaurant would be a viable alternative. ALL AYE.. .MOTION CARRIES. B.l: DR-ll-I0 - Convert a Retail/Drul!store into a Bar - Bill McCarrel: Bill McCarrel is requesting design review approval to convert a drugstore into a bar. The 0.32-acre site is located on the north side of East State Street approximately 130-feet east of Eagle Road at 50 East State Street. (WEV) C. V AC-OI-I0 - Request for a vacation to the final plat of Talon Ridl!e Subdivision - Scott Snyder: Scott Snyder represented by Mike Engebritson, PLS, with "ELS" Engebritson Land Survey's, Inc., is requesting a vacation of an existing easement (access only) located on Lot 3, Block 1, Talon Ridge Subdivision. The site is located at 2200 West Hawks View Lane within Talon Ridge Subdivision. (WEV) Acting Mayor Huffaker introduces the item. Joann Butler 251 E. Front St. Boise, Idaho represents Scott Snyder. Ms. Butler states that an alternative access has already received approval from Ada County. City Planner, Mike Williams provides a brief review of the site history. Acting Mayor Huffaker opens the public hearing. No one chooses to speak. Acting Mayor Huffaker closes the public hearing. Semanko moves to approve V AC-OI-I0 - Request for a vacation to the final plat of Talon Ridge Subdivision - Scott Snyder. Seconded by Grasser. ALL AYE.. .MOTION CARRIES. 9. NEW BUSINESS: A. Discussion of Commitment to HUD Grants and City In-Kind Match - Council discussion and direction on participation in the two (2) HUD Grants being pursued by COMPASS and the City's commitment of in-kind match. (WEV) Acting Mayor Huffaker introduces the item. City Planner Baird-Spencer reviews the item. Page 5 K \COUNCIL\MINUTES\Temporary Minules Work Area\CC-08-10-IOmin,doc Council discussion regarding match hours, direct benefit to Eagle and other participants in the grant programs. Discussion regarding sending a second letter to COMPASS relaying concerns towards some of the regional planning processes. Semanko, I don't have any problem with us moving forward with these letters, as long as they are appropriately worded and the language that John suggested the specificity that John suggested, about the nature of the in-kind and also some magic words about it being subject to appropriations and availability of resources, which we are not hereby committing, etc, etc etc. Plus a comma between the six and the eight in sixty-eight hundred. Seconded by Huffaker. Discussion. ALL AYE...MOTION CARRIES. A second letter is to be drafted Council to review and provide comment prior to sending it out to COMPASS, regarding concerns with recent regional planning related processes. B. EXT-03-10/PP-15-06 - Preliminary Plat Extension of Time for The Lofts At Eal!le River Subdivision - Sea 2 Sea, LLC.: Sea 2 Sea, LLC, represented by Shawn Nickel with SLN Planning, is requesting a two (2) year extension of time for the preliminary plat approval for The Lofts at Eagle River, an 8 lot (7-residential, I.-common), 214 unit multi-family condominium/townhouse housing development. The 25.37-acre site is located on the south side of East Riverside Drive approximately 1500 feet west of the intersection of East Riverside Drive and State Highway 44 at 827 East Riverside Drive. (WEV) Acting Mayor Huffaker introduces the item. The applicant is requesting this item be continued to the September 14, 2010 meeting. Semanko moves to continue this item to the September 14,2010 meeting. Seconded by Shoushtarian. ALL AYE...MOTION CARRIES. C. EXT-04-10/PP-OI-07 - Preliminary Plat Extension of Time for Adonai Subdivision- Dwayne Linl!e1 or Stacie Linl!e1: Dwayne Lingel, is requesting a one (1) year extension of time for the preliminary plat approval for Adonai Subdivision, a 12 lot (8 - buildabJe, 4 - common) residential subdivision. The 5.70-acre site is located on the east side of Park Lane Road approximately 1 ,200-feet south of Beacon Light Road at 2440 North Park Lane. (WEV) Acting Mayor Huffaker introduces the item. Van Elg 462 E. Shore Dr. Eagle, Idaho with The Land Group representing Mr. Lingel. Mr. Elg reviews the application and the challenges with the Idaho State Tax Commission in regard to the legality of the annexation. City Attorney Fitzer provides detail on his discussions with the Tax Commission. JoAnne Butler, states that as legal counsel for the applicant, they just became aware ofthis issue with the State Tax Commission. She will be meeting next week with the Attorney General regarding this matter, and thus encourages council to approve this extension oftime. General discussion. Semanko moves to approve the extension request as applied for, which is for one year, based on market conditions and not including the public hearing requirement for the next one that might happen. I will not vote to grant more than is requested in the application which was one year. Seconded by Huffaker. Discussion. ALL AYE.. .MOTION CARRIES. D. EXT-05-10/PP-02-06 - Preliminarv Plat Extension of Time for Brutsman Subdivision- Shawn Ross: Shawn Ross represented by Shawn Nickel with SLN Planning, is requesting a two (2) year extension oftime for the preliminary plat approval for Brutsman Subdivision, a 17 lot (12-bui ldable, ] -existing, 4-common) residential subdivision. The 4.86-acre site is Page 6 K \CQUNCIL\MINUTES\Temporary Minmes Work Area\CC-08-IO-IOmin,doc located approximately 1,200-feet south of Floating Feather Road and on the west side of Horseshoe Bend Road at 10895 Horseshoe Bend Road. (WEV) Acting Mayor Huffaker introduces the item. The applicant is requesting this item be continued to the September 14, 2010 meeting. Semanko moves to continue this item to the September 14,2010 meeting. Seconded by Shoushtarian. ALL AYE.. .MOTION CARRIES. E. EXT-06-10 - Preliminary Plat Extension of Time for Eal!lefield Estates - Coleman Homes, LLC.: Coleman Homes, LLC, represented by Becky McKay, with Engineering Solutions, LLP, is requesting an eighteen (18) month extension oftime from the date of City Council approval to record a final plat for Eaglefield Estates Subdivision, a residential subdivision consisting of 403-lots (331-single family, 20-four-plex, 51-common and 1- public well lot). The 153.9-acre site is located on the west side of North Linder Road approximately 400-feet north of State Highway 44 at 341 and 499 North Linder Road. (WEV) Acting Mayor Huffaker introduces the item. Planner Williams, provides Council an overview and history ofthe property. Becky McKay, Engineering Solutions, representing Coleman Homes, this is one ofthose distressed projects where there are several banks involved. Coleman Homes is developing in the valley and has picked up other distressed projects and they are proceeding with development of those properties. Displays a power point presentation and discusses the same. General discussion. Huffaker moves to grant the request for preliminary plat extension of time for Eaglefield Estates granting the entire eighteen (18) months they have requested. Eighteen months from approval. Seconded by Shoushtarian. ALL AYES: MOTION CARRIES................... .... Acting Mayor Huffaker calls a recess at 11 :00 p.m. Acting Mayor Huffaker reconvenes the meeting at 11 :105 p.m. 10. EXECUTIVE SESSION: A. Personnel matters I.c. S67-2345 (a) B. Acquisition of private property - I.C. 67-2345 (c) Huffaker moves to go into Executive Session in accordance with I.C.~ 67-2345(a) Personnel and I.C. ~67-2345(c) Acquisition of private property regarding the City Hall acquisition. Seconded by Shoushtarian. Discussion. Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: Grasser: AYE: ALL AYES: MOTION CARRIES.............. Council goes into Executive Session at 11 :23 p.m. Council discusses personnel and acquisition of private property regarding the City Hall acquisition. Council leaves Executive Session at 1 :05 a.m. 11. GENERAL BUDGET DISCUSSION: This item was continuedfrom the July 27,2010 meeting. Acting Mayor Huffaker introduces the item. 12. ADJOURNMENT: Page 7 K \CQUNCIL\MINUTES\Temporary Minures Work Area\CC-08- J 0-1 Omin,doc Semanko moves to adjourn. Seconded by Huffaker. ALL AYES: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at p.m. SHAR N K. BERGMANN CITY CLERK/TREASURER APPROVED: ","II...... "" G LE I", ..' Gpo. I" ..," .G. Y ........ " .."'\. . , ~ ().. p.. T 13 ..... -:. ~ :... ... O~ e. ~ : r: q. ,.~: .. /-.. ~ ~ -;.0_ : ~: 0 · V -: = : :. u . u '.u.~ fj: ~ : ... e. _v!-... 1""\ - ~ . c.. .n'r'......""'--': ~ . T. o~. ~... .... ... ... I ilicoYo V ... ~ .... """ ....... 0 ...,fIt, "" STA1'~ ...... I" ", '".......,,' A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT EAGLE CITY HALL Page 8 K\COUNCILIMINUTES\Temporary Minutes Work AreaICC-OS-1 O-IOmin.doc EAGLE CITY COUNCIL PUBLIC HEARING,SIGN-UP VAC -01-10 - Request for a vacation to the final plat of Talon Ridee Subdivision - Scott Snyder: August 10, 2010 TESTIFY PRO/ CON or NAME ADDRESS YES/NO NEUTRAL EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP CU -02-10 — Conditional Use Permit to Operate a Bar (stand-alone without a restaurant) — Bill McCarrel: August 10, 2010 NAME ADDRESS ►3,ta Nl U (fte'i c.f Mlitrce-e (]ck g- P .e_A- \Vt-kl anjd-eidal vp 636 2-6k( ii.'?l�(`iGli(U1 I� 2145JFNI. Be }He C-Pl. r01le , rc 83' 1(P S52o cd 6ovge TESTIFY PRO/ CON or YES/NO NEUTRAL CALT t/c' PIO yrS C o EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP CU -11-02 MOD - Conditional Use fora Mobile Home Occupied By a Family Member— Dale R. Chestnut: August 10, 2010 NAME c ADDRESS Sy r r9 Lte c1 /C 10C g76/& Ae,K c f 0,2 7 1'L1, ?l t,rle 14564 TESTIFY PRO/ CON or YES/NO NEUTRAL Pia 111e) pro /9L/ �S rf °ns C kg 364, Yes Pro PUBLIC COMMENT EAGLE CITY COUNCIL ITEMS: Discussion Re2ardin2 The 2004 Idaho Power/Citv Of Eaale Stipulation AEreement As It Relates To The Collection Of Franchise Fees And The Burial Of Distribution Lines. August 10, 2010 TESTIFY PRO/ CON or NAME ADDRESS YES/NO NEUTRAL EAGLE CITY COUNCIL ITEMS: Resolution 10-23 August 10, 2010 PUBLIC COMMENT TESTIFY PRO/ CON or NAME ADDRESS YES/NO NEUTRAL CG 7)ji/JO August 10, 2010 RE: Use of the "Orville Jackson" building name. I was informed of the concern over the use of the "Orville Jackson" building name as brought up by daughter of the former building owner, Sherry Sharp. She has indicated that the purchasers of the building, Wayne and Jane Crosby, and subsequent purchaser, myself; were informed that the name "Orville Jackson" was not being sold with the building. I have spoken with Jane Crosby regarding this issue and she confirmed that I was not informed of this and indicated that she was not aware of this issue either. The "Orville Jackson" building is an Eagle city landmark and has been for nearly 100 years. The proposed business to be located in the "Orville Jackson" building is to be named "The Bar" with reference to "Orville Jackson" merely as the century old Eagle landmark location. I agree with the proposed tenant in that in order to adequately identify and promote the proposed business, reference to the "Orville Jackson" building is necessary as the name is prominently displayed on the building and any change in signage to promote "The Bar" would require replacement of the "Orville Jackson" signage to have adequate visibility to the public. (41 11cCarretEnterprzses, LEC William H. McCarrel, Jr. 1570 N Snead Ave, Eagle, Idaho 83616 RE: Use of the "Orville Jackson" building name. It was brought to our attention that the use of the "Orville Jackson" building name was of some concern to the original building owners. In a letter received from Sherry Sharp, she indicated that the purchasers of the building, Crosby, and subsequent purchaser, Dave Buich, were informed that the name "Orville Jackson" was not being sold with the building. In our discussion with current building owner, Dave Buich, he indicated that he was not informed of this upon his purchase of the building and he has further indicated that he has spoken with both Mrs. Crosby and Ms. Sharp with regard to this issue. The proposed business to be located in the "Orville Jackson" building is to be named "The Bar" with reference to "Orville Jackson" merely as the century old Eagle landmark location. In order to adequately identify and promote the proposed business, reference to the "Orville Jackson" building is necessary as the name is prominently displayed on the building and any change in signage to promote "The Bar" would require replacement of the "Orville Jackson" signage to have adequate visibility to the public. Sincerely, Bill H. McCarrel Die Bar Eagle, Idaho /61 Sterling Codifiers, Inc. Chapter 3 OFF ROAD VEHICLES 6-3-1: SHORT TITLE AND PURPOSE: caVifol) 0 This chapter shall be known and cited as the ADA COUNTY OFF ROAD VEHICLES ORDINANCE. The purpose of this chapter is to regulate the use of off road vehicles and to prohibit their operation on private land without permission of the owner of the land. (Ord. 102, 10-29-1980) 6-3-2: DEFINITIONS: For the purposes of this chapter, the following definitions shall apply. Any other words and phrases not defined in this chapter shall be given their ordinary, commonly understood and accepted meanings. BUSINESS INVITEE: Any individual who, during the course of his business, is required to enter upon the property of another with the implied consent of the owner of the property. DRIVEWAY: A path (paved or unpaved) leading from a garage or house to a street used especially by automobiles. ESTABLISHED OFF ROAD MOTOR VEHICLE RESERVATION TRAIL: Any area set aside as a public recreation site with specific use in areas permitted for off road motor vehicles by any local, state or federal governmental agency, or any private property formally designated by the board of county commissioners through appropriate zoning approvals for off road motor vehicle use. INVITEE: Any individual entering upon the property of another with the implied consent of the owner of the property. MOTOR VEHICLE: Every self-propelled device in which any person or property is or may be transported, either on or off the public roadway, except those vehicles which are designed and used primarily as farm implements for drawing plows, mowing machines, or other implements of husbandry or heavy equipment employed for logging, grading or developing public or private lands. Motor vehicles, for the purposes of this chapter, shall include, but are not limited to, any motorcycle, motorized tricycle, four-wheel drive automobile or truck, anymultiwheeled all - terrain vehicle, and conventional passenger automobiles or trucks. OWNER: The titled owner of record as established in the offices of the Ada County recorder, or the contract purchaser, lessee or renter of such property. (Ord. 102, 10-29-1980) 6-3-3: VEHICLE OPERATION RESTRICTED: http://sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=19280&keywor... 8/10/2010 Sterling Codifiers, Inc. Page 2 of 2 A. The riding, operating or driving of a motor vehicle shall be done in a lawful manner with required equipment and licensing upon a public highway. Unlicensed motor vehicles or motor vehicles without required equipment as well as properly licensed and registered vehicles are restricted to established off road motor vehicle reservation trails or private property pursuant to this chapter. B. It shall be unlawful and a misdemeanor for any person to ride, operate or drive any motor vehicle on privately owned property within Ada County including any private unpaved road except for: 1) the owners of such property, or 2) those who have on their persons at the time of riding, operating or driving said motor vehicle, written permission from the owner of such private property. (Ord. 102, 10-29-1980; amd. Ord. 188, 3-31-1988) 6-3-4: EXCEPTIONS TO RESTRICTIONS: This chapter is not meant to affect in any way the right of a business invitee to enter upon the land of another in pursuit of his business, nor to affect the right of an invitee to approach any private residence by way of a driveway when said invitee approaches a house with implied consent of the owner. (Ord. 102, 10-29-1980) 6-3-5: PENALTY: Violation of this chapter shall be punishable as provided by Idaho Code, section 18-113 as it may from time to time be amended and/or retitled. (Ord. 102, 10-29-1980; amd. Ord. 603, 1- 30-2006) http://sterling.webiness.com/codebook/getBookData.php?id=&chapter_id=19280&keywor... 8/10/2010 GARY RANEY, SIIERIEF Cl 8/J J/c City of Eagle Police Monthly Report dune 2010 (:roup A NII3RS Crime* Person Crime* Property Crime* Society Crime* Total Felony Misdemeanor it of Reported Crimes 60 40 20 0 i TD 2009 55 140 59 254 2010 64 152 34 250 Clearance Rate 2010 YTD 57.8% 22.4% 88.2% 40.4% 2010 April May June 6 31 5 42 111 100 31.0% 11 143 149 46.3% 31 13 30 2 45 21 24 6 31 8 45 18 27 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun ® Person Property Society 2009 Monthly Average City of Eagle Population COMPASS 2009: 21,370 COMPASS 2010: 20,590 Vo Change -3.6% Group A NIBRS Crime Rate YTD (per 1,000) 2009: 11.9 2010: 12.1 % Change 2.2% 2009 Clearance Rates Person: 72.4% Property: 24.6% Society: 89.5% Total: 46.6% Felony: 37.6% Misdemeanor: 54.1% As of February 2010 •1,11.111. 5 Il;i,:. c rnn. I0.1t1Jc thr 1'.1.,,;1 I '•,„ 1•:1, , 11• .11.• ,i1 11.6,11,. P.I ill, i nni, •1111 II444411.Kit. I.1J0,11y,u1 114,14i0444I, I ,a41i414. ' ,,n I,.,t il,I' . I'I nI,i 11 •, 1 11111,'• '11 014 6111]]1\ Iinrrlarl,l 4,4111144104414: I Hirsh 1h4 -1.11,I Il I1u11.1i \ en.I.III nt 4,11 1 nth., •1.111. 111 1 ,.t.‘111.1:1 1t1..1.151111 1 ,,1isI 111, u 1 .444.014. 1 IKr1 „11, n•, • 1,11, 1 \ .11,, 1, i I,,'li I;, 1 n 111••11 I'1 1,. • Is nrs 11 milt 11:0 '•,n. tit 11rkis . .idnth{.u:: 11141141_lap1.\ 1111...11. ' i,1;:11,11 19„•nti1U,a, 11 t,gn'r1 1 .+s. \ 1„1.1;1, 1, Police Activity Calls For Service. (Total) Total Response Time Code 3$ Calls For Service Code 31 Response Time Proactive Policingt Reports (DR's) Arrests§ Citations # of Incidents 2000 1500 1000 500 0 YTD 2010 2009 2010 April May June 2,055 1,939 371 359 6:58 7:03 7:18 7:44 48 28 5 1 3:03 3:02 3:05 1:19 6,168 5,115 873 748 900 749 129 123 250 189 18 23 1,040 387 71 57 402 6:42 6 3:11 728 132 31 50 1 I • III 1111m Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Provided By ACSO/CAUhh Calls For Service Proactive Policing 2009 Monthly Average June 2010 Top Calls For Service Burglary Alarm (28) Welfare Check (21) Attempt To Locate Reckless Driver (20) Auto Accident Non -Injury (17) Traffic Hazard (13) Loose/Dead/lnjured Animal (11) I nr 0111/CI1 ueISssr: tCJ .all • • X11 1 non-emergCnt s 111111iki ,ind .ell plonk uhlt;:nied nine +float to 0 Poln. 11111 1 ia111,. Ins, . lied inter, s.15 11.1--l.,.trr t 111/011 .1111 Lt,"1 ,Inn I:tl paunl>.'rle.nt. Halls rnforeetnenl ,C pnlb,lt 1. ..i l utg 01 11 p,ii d Hint: ,t,l njc ; 1, all requiring. an 1 ilioi :ca., Ri�,l,,,r,•r 5511011 on. or Hobo of Ile IIlIlnulnc condition, r helloed ed 5.1 1.1 .111101170 111t t,I s c'. 1111111111011 pl/lC1111,11 Ins .et 1011' 111)111) Ot death to ,ttt p0r,on . 11 ardor to pre,ill or halt .1 .11115. nt tolcnt0. ha,ari1 0Ve1., 01 emergent \ respnn.e n til enhance the hkrhhnn,l ,71 a1pichend11l_ a 101,)111 .uspc.t Uresl 111.1, art h,a..l on the ,110,1111 %Olt11 the tctli.d 1.1 1114 nt, uncal Data obtained from New World, CAD, Legacy AS400, !STARS, and LTD WebCars databases Data queried 7115110 Page 1 of 2 Property (;rink Vehicle Burglary- Residential Burglary Commercial Burglary Construction Burglary Vandalism Other** Total YTD 2009 18 13 4 1 31 73 140 Construction Site Check° 265 Property/Security Check 888 2010 31 16 3 1 24 77 152 272 930 April 4 4 2010 May June 9 4 0 1 1 0 12 1 10 15 31 30 49 177 52 147 9 2 0 0 6 14 31 56 128 f /lhet I'nilx•rt% f rima nu halt . ••, 1 •,i. i.i I nr,t •lnitu i• i4 ,I i.l I .iii I 1 'wit I••1,11L•t, .in l tihdt i I n I'n'1 L. I `.it•,••1 Summer Juvenile Enforcement # of Juveniles Cited June 2010: 4 Monthly Average Jan -May 2010: 8 Jan -Dec 2009: 12 # of Juveniles Field Interviewed June 2010: 1 Monthly Average Jan -May 2010: 2 Tral•11l' Crashes Property Damage Personal Injury Fatal Total Alcohol -Related Crashes Traffic Stops DUI Arrests Moving Citations # of Crashes 25 20 15 10 5 0 YTD 2009 2010 April 62 66 12 35 24 5 0 1 0 97 91 17 2 6 3 3,624 2,653 442 47 47 7 523 125 24 2010 May June 15 0 17 0 358 8 27 12 5 0 17 0 331 11 20 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Property Damage Personal Injury Fatal 2009 Monthly Average April - June 2010 Top Crash Intersections Eagle Rd & Highway 44 (6) Highway 44 & Edgewood Rd (3) Eagle Rd & Plaza St (3) State St & Park Ln (3) Eagle Rd & Island Woods Dr (3) Highway 44 & Fisher Park Way (3) Eagle Rd & Chinden Blvd (3) Eagle Rd & Mace Rd (2) Highway 55 & State St (2) Eagle Rd & Colchester Dr (2) Eagle Rd & Riverside Dr (2) Provided By ACSO/CAU/th June 2010 Crashes by Time of Day 0 0 7 4 0000-0600 hrs 0600-0900 hrs 0900-1200 hrs 1200-1500 hrs 1500-1800 hrs 1800-2100 hrs 1 2100-2400 hrs 3 June 2010 Crashes by Day of Week Sunday Monday 1 Tuesday 5 Wednesday 3 Thursday 5 Friday 0 Saturday 2 June 2010 Top Crash Contributing Circumstances Following Too Close (7) Inattention (6) Distraction In/On Vehicle (2) Data obtained from New World. CAD. Legacy AS400. (STARS. and ITD WebCars databases Page 2 of 2 Data queried 7/15/10 Eagle Chamber of Commerce Eagle Chamber of Commerce Contact Information August 10, 2010 le Chi will more rigid orrf.fi�le your door. Becky Fowers, Chairman of the Board/Eagle Chamber of Commerce 208-939-0554 Gretchen Gilbert, President/Eagle Chamber of Commerce 597 E State Street P. 0. Box 1300 Eagle, Idaho 83616 208-939-4222 Mary May, Board of Director City of Eagle Liaison/Eagle Chamber of Commerce P.O. Box 1300 597 E State Street Eagle, IU 83616 Phone 939-4222 Fax 327-2139