Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Minutes - 2011 - City Council - 02/22/2011 - Regular
EAGLE CITY COUNCIL Minutes February 22, 2011 PRE-COUNCIL AGENDA: 5:30 p.m.- 6:30 p.m. Mayor acknowledges Mr. Bruce Wong, Director of Ada County Highway District. 1. Ada County Sheriff's Office Monthly Report: Chief Hippie distributes the monthly report for January 2011 and discusses the same. General discussion. 2. Mayor and Council Reports and Concerns: Semanko reports on the February 14, 20100 Eagle Sewer District Meeting. I would like to invite Lynn Moser with the Sewer District to come and give us his report at an April Pre-Council. Shoushtarian reports on the Chambers Customer Appreciation Day. 3. City Clerk/Treasurer Report: No Report 4. Public Works Director Report: Discussion on the electrical short for the City sign on State Street. We are starting maintenance on the Parks. Discussion on fixing the arch over Eagle Road and graffiti in the tunnels. 5. Zoning Administrator's Report: Discussion on delivering the Sign Communication Letters. I should have this completed the end of this week. I understand we will have some public comment on this tonight. Matt Lot with Zamzows would like to put a cover over their loading area and he would like to address the Council tonight but he doesn't get off work until after 7:00 tonight. Discussion on Arbor Ridge's gravel pit clean up. General discussion. Further discussion on the Sign Communication Letters. Discussion on the Chevron pipeline and the City sign. 6. City Attorney Report: No report. INVOCATION: REGULAR COUNCIL AGENDA: 6:30 p.m. 1. CALL TO ORDER: Mayor Reynolds calls the meeting to order at 6:30 p.m. 2. ROLL CALL: HUFFAKER, SHOUSHTARIAN, SEMANKO, GRASSER. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Mayor Reynolds leads the Pledge of Allegiance. 4. PUBLIC COMMENT: Mayor moves Public Comment to 7:45 p.m. 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. Page I K.\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-02-22-1 I min.doc A. Claims Against the City. B. Minutes of January 25,2011. C. Minutes of February 3,2011. D. Minutes of February 8,2011 special meeting. E. Minutes of February 8,2011 regular meeting. F Re-Appointment to the Planning& Zoning Commission: Mayor Reynolds is requesting Council confirmation of the re-appointment of Dave Aizpitarte to the Commission. Mr. Aizpitarte will be serving a three year term. (JR) G. EXT-02-11 — Preliminary Plat Extension of Time for Castlebury West Subdivision No. 3, SCS Kimberland LLC.: SCS Kimberland LLC. represented by Craig Hilbig is requesting a one (1)year extension of time for the final plat submittal for Castlebury West Subdivision No. 3, a residential subdivision consisting of 28-lots (24-residential and 4-common). The 27.48-acre site is located on the north side of Chinden Boulevard approximately 1-mile west of Locust Grove Road. (WEV) H. EXT-04-11 —Preliminary Plat Extension of Time for Stillwater Business Park Subdivision—Tri Cedars Management Company,LLC: Tri Cedars Management Company, LLC, represented by Bill Sali, is requesting an extension of time for the preliminary plat associated with Stillwater Business Park Subdivision, an 18-lot(12-buildable, 5-common and 1-private drive) commercial development. The 24.06-acre site is located approximately 1,300 feet west of W. Ballantyne Road on the south side of West State Street(SH 44)at 2505 West State Street(SH 44). (WEV) I. 2011 Saturday Market Manager Contract: The Eagle Arts Commission is requesting Council confirmation of the 2011 Saturday Market Manager contract with Melissa Lynn Wilson Nodzu. Semanko moves to move Items#B, C & D to the end of the Agenda before Adjournment. Seconded by Grasser. ALL AYES: MOTION CARRIES Grasser removes Item #A from the Consent Agenda. Huffaker moves to approve the Amended Consent Agenda,Items #E,F, G,H, & I. Seconded by Shoushtarian. Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: Grasser: AYE: ALL AYES: MOTION CARRIES 5A. Claims Against the City. Grasser inquires if the Attorney's fees in the amount of$12,465.05 for M3 will be reimbursed by M3. City Attorney responds that yes these are reimbursable fees. Grasser moves to approve the Claims Against the City. Seconded by Semanko. Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: Grasser: AYE: ALL AYES: MOTION CARRIES 6. PROCLAMATIONS & RESOLUTIONS: A. Resolution 11-03: Authorizing the destruction of temporary public records. (SKB) Mayor Reynolds introduces the issue. Huffaker moves to approve Resolution 11-03; authorizing the destruction of temporary public records. Seconded by Semanko. ALL AYES: MOTION CARRIES B. Resolution 11-04: Authorizing the destruction of semi-permanent public records. (SKB) Page 2 K\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-02-22-I Imin.doc Mayor Reynolds introduces the issue. General discussion. Semanko moves to approve Resolution 11-04 authorizing the destruction of semi- permanent public records. Seconded by Grasser. ALL AYES: MOTION CARRIES 7. UNFINISHED BUSINESS: A. DR-33-10—Convert Retail Drugstore into an Entertainment Facility—Bill McCarrel: Bill McCarrel is requesting design review approval to convert a retail drugstore into an entertainment facility. 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. This item was continued from the February 22, 2011 meeting. (WEV) The public is encouraged to provide comment on this application. Mayor Reynolds introduces the issue. Steve Guerber, representing the applicant, I don't believe the applicant has anything more to add than has already been presented. Mr. McCarrel may want to make comments after the public makes their comments. It is the applicants believe that he is in compliance with City Ordinances. When considering issues such as this the Mayor and Council sit as a judicial authority with the responsibility of following the laws and ordinances of the City of Eagle in making a decision. When you assumed your position you took an oath of office and swore that you would support the constitution of the United States and the State of Idaho and the laws and ordinances of the City of Eagle and that you would faithfully perform the duties of the office so help you god. Nowhere in that oath, however, were you able to add that you would support laws and ordinances except in those cases where I have disagreement with the existing law that I would otherwise be required to uphold. This Application is in compliance with the City ordinances. Mayor opens the Public Comment Greg Custer, 51 E. State Street, I have a business across the street from this business. We have no problem with this business going in. We have these types of business in our community already. I am very disappointed in the business attitude you have in this City. I am disappointed in what is happening here. I would also like to make comment on the signs. My sign isn't the best sign but it's not that bad. What about the political signs that are lying all over. We have a unique community and shops that is why people are here. Scott Whips, I have known the McCarrels for years. They first started talking about the Orville Jackson some time back. It takes people like the McCarrels to come into the community and make it better. They are going to be a great asset to this community. I'm here to lend my support and I hope you review their project fairly. Karianne Fallow, I am opposing the application. Enhancing the imaging of the community should have been brought forward at the beginning of the process. The applicant states that he has worked with the Eagle Historic Commission and we just met with him a couple of weeks ago. Discusses the definition of a bar. I spoke to a number of people who did not know there was a hearing tonight. The applicant did very little to reach out to the community, this should have started early on in the process. The applicant has no full fledged business plan and does not have an exit strategy. I would like you to take all of the questionable items in the applicant in consideration before you approve this application. Page 3 K\COUNCILMIINUTES\Temporary Minutes Work Area\CC-02-22-11min.doc Sean O'Flaherty, I don't know Bill but I am a business owner and moved my company here from a very unfriendly state, California. Any time I hear that a business is being driven from the community then I must speak out and support the business owner. Everything that I read he does everything possible. I would hope the Council would approve this business. Maggie Williams, I want to speak in support of McCarrels and their endeavors. I understand this is an approved use and it should be approved. They are great people and they have a lot of support and this would be a good fit for the community. Kirk Pulver, I am not a native of Idaho and left California 5 years ago. I do not know the McCarrels. Giving small business an opportunity is wonderful. I appreciate what Eagle has to offer. The Willow Creek Lounge brings not only residents but people from the surrounding area into Eagle. This type of business will bring a different demographic to the City of Eagle. I would ask that you approve this project for the McCarrels. Toby Tieman, I just moved to town a month ago and first heard about this on the news. I had an opportunity to meet Mr. McCarrel through my boss. If this is in compliance it deserves a shot. Let the community decide if this is going to be successful. Rick DiMattio, I have been a resident of Eagle for ten plus years. There is no place in Eagle that I can go to play pool. For this reason only I think this application should be approved. In this economy we shouldn't deny any small businesses. We have a vacant building in the center of town. Keith Lively, I have a business in town for five years. I'm concerned that we are not finding solutions and answers for the McCarrels. Lets for these answers and building Eagle in the way we all want. Tom Williams, I am the architect working with Bill. I would like to speak to the good character of the McCarrels. Our families have been friends for years. His intentions are sincere. The building is going to take maintenance but we are going to do this. Bill is not the type of guy that will let things get of hand, he will step up and do what is necessary. Annie English, I have lived in Eagle since 1989 and I look forward to the idea of having a place to go and play pool and not be obligated to buy dinner. Danny Walker, I am the father of five little kids, a business owner and I have a lot of pro business feelings. We want to promote an open business climate in the City. The kind of business that is proposed brings with it costs that you might want to consider. The costs are fights, assaults, prostitution, under age drinking and etc. These activities are contributed to these types of businesses. Who is going to cover the additional police coverage that is going to be required? You can access the Office of the Department of Justice for a report for further information. Mayor Reynolds: I would like to take this opportunity to acknowledge our former Mayor,Nancy Merrill. Pat Palmer, I think I am on the opposite side of what is being represented tonight. I am a builder and I have lived here 54 years. I don't think this is the right project for our community. We have the nicest park downtown Eagle and right across the street is a bar. This is not the right place. General discussion. Mark Butler, I support those people who support this. I am in support of this application. Kate McCarrel, I am the daughter of Bill McCarrel, I am a business owner and Eagle is getting a bad rap around the area. I grew up in Eagle and I want to see Eagle do very well. When I want Page 4 K.\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-02-22-1 I min.doc to go out with my friends there is no place to go just to hang out and play pool. I am in support of this type of business being in Eagle so I can hang out with my friends. Preston Avery, I see two issues going on. The first one is the rights of Bill McCarrel. So I say I am for this development. I believe it is right to put this in. I have a business downtown and it would be nice to have this place downtown and would be a benefit to Eagle. Marcelyn Wylie, I am here in support of Bill McCarrel. When I drove downtown almost every business has a flyer in their window to come to the meeting tonight. There is not a historical designation to this building. Dave Buich, I have not been as involved as I should since I am the owner of the building. I thought this would just be rubber stamped as this is a permitted use. Three years ago I was going to tear the building down and build a 3 story building but I couldn't get the financing. If this was such a historical significance there should have been uproar when I was going to tear the building down. I was asked to turn the building into the Liquor Store. This has caused me over$80,000 in revenue because this has been vacant. We have a business here in Eagle and we make wine and serve wine. We have events and not everyone who attends drinks. There is a bar right across street and I don't think there are any issues. I know that Bill will not let Orville Jackson's get out of hand. Naomi Preston, I have lived in the Eagle are for over 40 years and I own Wild West Bakery right across the street. There is a bar right down the street. I think it is a slam against the citizens that live here; I don't see any prostitutes around or any undesirable. I am aghast for the lack of support for the business community in Eagle. We need to support business. If we have a stand up person running this lounge then we will have a stand up lounge. I am full support. Frank Thomason, I am the current chair of the Eagle Historic Commission and I would like to discuss the historic value of the building. Because of façade changes in the 1970 Orville Jacksons is not eligible for nomination to the National Register of Historic Places. However, it is number one the Eagle HPC's unique Municipal Register of Historic Places. This is easily the most recognized landmark in the area. I understand that there will be no changes to the exterior. Retaining the building and its façade is most important. I would like to see a resolution to the issue of using the name. General discussion. Mike Davies, I am a business owner and resident in Eagle. I am in support of Bill's project. I do like the idea to be able to go somewhere without kids around. This is going to be a gathering place. What about Smoky Mountain Pizza. I have been in there and people are drinking at all hours. What about the stats of prostitution,this is Eagle not downtown Las Vegas. I support this business. Bill Reed, I have a business here for 12 years and I am in support of more business in Eagle. I am not a drinker and not a partier and I am in support of some place to go and play pool. Don Norris, I know Bill for 31 years and this facility can be a win/win situation for the City of Eagle. Patricia Minkiewicz, I am a 12 year resident of Eagle. I have heard pro and con. I was a little disappointed in Mr. McCarrels article in the Valley Times. He needed to be more explicit that there would be alcoholic beverages served. When you are advertising for your business you need to be upfront. It is up to Council to decide what is going to go into this building. I would like to hear from the applicant as to what the name of the business is going to be. Mike Schultz,what made this building historic is what was inside the building. The building is vacant and Mr. McCarrel wants to fill this building and bring a business to town. Page 5 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-02-22-1 Irvin.doc Craig Lindquist, I am a business owner in Nampa. New business does not want to come in any where if it is not positive. This is a legal permitted use. If you are pro business then follow the rules and your ordinances. I think you should support this effort. Todd Bunderson, I do support Mr. McCarrels application. I don't live in Eagle but I do come into the area. Mr. McCarrel is a resident of Eagle and has served on the Eagle Planning and Zoning Commission so he will be a good steward. I was surprised that this turned into a quasi public hearing. The Code provides the applicant a list of permitted uses. Health downtowns usually have a wide variety of uses. The City Council should approve this application and send the message that Eagle is open for business. Brian Talfmon, I am in the minority, I oppose the application. I don't think it is good public policy to approve these applicants near public schools. I support having this type of establishment but located elsewhere. I don't want to have to drive by this on my way home. Nancy Merrill, this is a very historic and important building to our community. My concerns are that we don't loose the history of this building. You are right this is a permitted use. You have the right to put conditions on approval of this application and I hope you will think about doing this in regard to the historic value. Teresa Perry, I was here once and nothing has changed but the name. We enjoy Heritage Park and all of the downtown family activities. I think some things are worth waiting for and a different use could be found for this building. I do appreciate how careful you are in what we do in this City. Jerry Sullivan, I have been a resident for 13 years and a business owner for 10 years. I know the McCarrels and have a good understanding of the building environment in Eagle. I know business that have not moved here and have gone to other more business friendly cities. I am surprised that the McCarrels have hung on this long. I am in support. There are a number of bars that children have to pass in downtown Eagle. I wish him success and an empty building is not good for anyone. Jay Wylie, I live in Eagle and have a business in Eagle and I am in full support of this business that is a permitted use. David Turrley, I was here when the first application was denied and I have not seen any change. What is the decision that you are making tonight. Is it a bar or an entertainment center? Where is the money derived from? Everything that I have heard tonight indicates it is going to be a bar and I am opposed. Marcy Cook, I was also here when the first application was to have a bar and I hear no new changes. I don't know how with a name change they can come in and say it is legal. This type of establishment is not for our community. I don't like having the school being just a half mile away. What is Eagle going to be know for, what is Eagle going to become. Annie Merrigold, this proposal meets all of the criteria in the Code. I live in Eagle and have seen this community grown into a vibrant community. Bill McCarrel, My wife and I grew up in Nampa and I moved to Eagle from Nampa not California. I have been involved with Little League and am a retired principal and also a member of the Planning and Zoning. I want to be a business that will sponsor a Little League team. Provides rebuttal to the public comments. General Council discussion. Page 6 K.\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-02-22-11min.doc Semanko moves to approve this application; there are 42 conditions that have been proposed through the Design Review and through the process and I am going to propose a Site Specific Condition to address some of the concerns we have heard: "The applicant establish along with Eagle Historic Preservation Commission to the extent feasible a plan to preserve the historic features of the building inside and outside consistent with the HPC designation and to provide opportunities for the general public to visit the building". (Pauses to address some of the concerns expressed tonight). Seconded by Huffaker. Discussion. Semanko amends the motion: "that the opportunities for the general public to visit with building will be by mutual agreement between the applicant,the owner of the building and the Historic Preservation Commission." Second concurs. Further discussion. Semanko moves to end the debate. Seconded by Huffaker. ALL AYES: MOTION CARRIES Further discussion. Mayor calls for a vote on the original motion: TWO AYES (SEMANKO, GRASSER): TWO NAYS(HUFFAKER, SHOUSHTARIAN): MAYOR: AYE: MOTION CARRIES Mayor: Let me tell you why. First of all this is a permitted use whether or not our ordinances are confusing. In my view when it is confusing you find in favor of the person who is going through all of this work. The issue of whether the primary income will be from alcohol or not,you can ask any restaurant up and down the street, and if they don't have a bar they are significantly hurting their business. General discussion. Mayor calls a recess at 9:10 p.m. Mayor reconvenes the meeting at 9:20 p.m. Huffaker moves to continue Item #7D to the Meeting of March 8,2011. Seconded by Grasser. ALL AYES: MOTION CARRIES PUBLIC COMMENT: Mark Butler I have a letter to submit to Council from Kelly Beach who has illegal off use signs and she needs to come into compliance. Kelly is asking that you waive the March 1St deadline. General discussion. Council concurs to have this sign matter added to the March 8, 2011 Council meeting. Huffaker moves to amend the Agenda by moving Item#9B to become#7B. Seconded by Semanko. ALL AYES: MOTION CARRIES B. Authorization for Mayor to update and submit signature and other pages of EDA Application for Stillwater Technology Park Infrastructure Grant—Bill Sali: (SEB) Mayor Reynolds introduces the issue. Bill Sali provides Council an overview of the Grant and the need for the Mayor to sign the new application documents. Huffaker moves to authorize the Mayor to provide the new signatures on the Grant documents. Seconded by Semanko. ALL AYES: MOTION CARRIES C. Ordinance No. 655: An Ordinance Amending Eagle City Code Title 3, Chapter 2a, Section 3; Title 3, Chapter 2b, Section 1; Title 3, Chapter 2c, Section 5; Title 3, Chapter 2c, Section 7; Title 3, Chapter 2c, Section 8; Enacting Eagle City Code Title 3, Chapter 2c, Section 12; Page 7 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-02-22-11min.doc Enacting Eagle City Code Title 3, Chapter 2, Section 2 Delegating The Authority To Issue Or Deny Alcoholic Beverage Licenses And Permits To The City Clerk Preserving Appellate Rights Before The Council; Providing A Catering Permit Application Procedure; Providing A Severability Clause; Providing A Codification Clause; And Providing An Effective Date. (SEB) The public is encouraged to provide comment on this ordinance. . Mayor Reynolds introduces the issue. General discussion. There is no public comment. Semanko 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#655 be considered as having been read for the second time by title only. Semanko reads Ordinance#655 by title only. Seconded by Grasser. ALL AYES: MOTION CARRIES The third reading will on the Council agenda for March 8,2011 with public comment encouraged. D. Discussion of future City Hall(NS) Mayor Reynolds introduces the issue. Semanko: I asked that this be on the agenda for discussion. We owe it to the public to have a discussion on what our future plans are for a city hall. I don't know where we are going. The big issues are what is our overall plan or strategy to get us to where we want to go. Our three year agreement is going to be over before we know it. We need to proactive again with regard to some kind of negotiating mechanism. If we are going to have a bond election for a purchase we need to have an idea of what we are going to purchase and the purchase price. Shoushtarian suggests sending a letter to the landlord asking them what they would be willing to sell the property for. General discussion. Huffaker moves to direct staff to prepare an RFP asking for anyone that is interested in providing a building for purchase only at fair market value. That we send a formal letter to the landlord asking them what they would be willing to sell the property for. If we can't get for free the fair market value of this building then we go ahead and acquire this information. General discussion. Jeff Kunz: I love the idea of an RFP soliciting bids that target a purchase. I'm wondering if you should place a maximum purchase price as part of the RFP. Seconded by Semanko. ALL AYES: MOTION CARRIES The RFP will be on the Council Agenda for March 8, 2011. E. Policy regarding Opening Invocations before Meetings of the Eagle City Council: (SEB &JR) Continued to the March 8, 2011 City Council by motion above. F. Open Container permit requests for March First Friday events: Mayor Reynolds introduces the issue. General discussion. Page 8 K\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-02-22-1 Irvin.doc Semanko moves to approve the Open Container permit from Gaia Studios and Gallery subject to approval by the Ada County Sheriff's Office. Seconded by Grasser. ALL AYES: MOTION CARRIES Semanko moves to authorize the Clerk's Office to approve additional open containers permits for the First Friday in March,as long as they are submitted prior to the first Friday,with the$20.00 fee and listing all of the dates and obtaining the Ada County Sheriff's Office approval. Seconded by Huffaker. ALL AYES: MOTION CARRIES Semanko moves to delegate the authority to the Clerk's Office to approve any catering permit for a one time only event subject to our code and subject to the review by the Ada County Sheriff's Office including the site plan for this upcoming First Friday only. Seconded by Huffaker. ALL AYES: MOTION CARRIES 8. PUBLIC HEARINGS: NONE 9. NEW BUSINESS: A. Ordinance 641A: An Ordinance Changing The Zoning Classification Of The Real Property Described Herein From PS (Public/Semipublic) Classification To R-1 (Residential); Amending The Zoning Map Of The City Of Eagle To Reflect Said Change; And Providing Mayor Reynolds introduces the issue. General discussion. Huffaker 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#641A be considered after being read once by title only. Huffaker reads Ordinance#641A by title only. Seconded by Shoushtarian. ALL AYES: MOTION CARRIES Huffaker moves that Ordinance#641A be adopted. Seconded by Shoushtarian. Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE; Grasser: AYE; ALL AYES: MOTION CARRIES B. Authorization for Mayor to update and submit signature and other pages of EDA Application for Stillwater Technology Park Infrastructure Grant—Bill Sali: (SEB) Moved by motion to Item #7B. 5B. Minutes of January 25,2011. Semanko: I have a change on Page 3, when we are discussing the M3 water applications, 3`d paragraph that starts "Semanko", delete the third sentence and add "In addition there is no provisions for M3 to convey the water rights to anyone other than the City." Semanko moves to approve the amended minutes of January 25, 2011. Seconded by Huffaker. ALL AYES: MOTION CARRIES 5C. Minutes of February 3,2011. Semanko: I wanted to add on page when we got to the item of the cell phone policy, I would like to add after general discussion the following comment: "That policy decisions like this need to be made on the record in an open meeting". General discussion. Page 9 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-02-22-1 Imin.doc Shoushtarian: I already mentioned to Sharon some changes I wanted to the minutes on Page 3 and she noted to make those changes. Semanko moves to approve the minutes of February 3, 2011 with the changes I have made and the changes Al has discussed with the Clerk. Seconded by Grasser. ALL AYES: MOTION CARRIES 5E. Minutes of February 8,2011 regular meeting. Semanko: On Page 1, Consent Agenda, the last sentence of#2, Idaho Water Association needs to be changed to "Department of Water Resources". On the next page, Huffaker's motion under #9C, "I will include green belt in the motion", it should be "green belts". When we got to the Eagle Island Market Place I went through my potential conflict and it is noted here but Al did the same thing and there is nothing in here that Al went through this exercise. It should be included before the paragraph where Walter Lindgren is speaking. It is up to you Al. Al states he wants to put this in and he would like to look at it. On Page before the vote on the Pooley matter "Huffaker moves to approve settlement terms" right before the vote I would like to include "Semanko request a roll call vote." Semanko moves to approve the minutes with those changes and subject to Al looking at the language on the conflict resolution issue. General discussion. Seconded by Huffaker. ALL AYES: MOTION CARRIES Discussion on a calendar and schedule on the water applications between the water department and M3. City Attorney I don't know what M3 and the Protestants are doing. I am not personally involved in this maybe Mike can give you the information. The City Attorney's office will provide a weekly report to keep the Council abreast of what's going on. Grasser: I would request that on a future agenda we could have a discussion on what a commercial entertainment facility is so we can make any adjustments or changes that are necessary. General discussion. General discussion on what is now permitted in the whole downtown area. Does the Downtown Plan we adopted change zoning and uses? Discussion on scheduling the sign issue on a Council Agenda. 10. ADJOURNMENT: Huffaker moves to adjourn. Seconded by Shoushtarian. ALL AYES: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 10:45 p.m. Respectfully submitted: v.... ,,•�i • ti SHARON K. BERGMANN = * ; ` ,,•6.. • CITY CLERK/TREASURER S t.A L •q: •••. RPOR P.�F.•• 4Z% 1EOFW,,s. Page 10 K.\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-02-22-11min.doe APPROVED: AMES D. REYNOL MAYOR AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL UPON REQUEST. Page I I K.\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-02-22-I Imin.doc EAGLE CITY COUNCIL PUBLIC COMMENT SIGN-UP February 22, 2011 DR -33-10 — Convert Retail Drugstore into an Entertainment Facility — Bill McCarrel NAME ADDRESS /' �� - >s/ 7- — Y I r 'BUJ! A raf no r 111146(_7- I YY v `l2l� UiJf /(/) , 1-�� Gl , ,7 ` w / k 1.,% f 4 ' 22% �J. Nc-ie c2 1- 33, Auct)/ • DK,10,7 tool rr� . ) 07, , J J 21110 ►k . tZc TESTIFY YES/NO SUG�'Q f'S yes PRO/ CON or NEUTRAL / A c�Vl, Pro /)f 0 're (9 ri-k) • Pi Co //0 4.1- - C1 EAGLE CITY COUNCIL PUBLIC COMMENT SIGN-UP February 22, 2011 DR -33-10 — Convert Retail Drugstore into an Entertainment Facility — Bill McCarrel / 6i- C eU 5 4,3 (Q_ l<oi Af\ 50-jltao Ll L &-.)7Ny (P r c 7(2,1" A Z'ACt' '4. i v ) 5'-! S) PLL( (L Uu Ntte_ fid) 1 J/\ 3 IN' !J 1- g,1 k_VI,,A.A. siTrv-, F SI , F\4 �'�� 4 ` Y'lftil.� I W� �j ( i 1��.:�-�� 1 - !/h) ire4.1,1 yy _, ._/d 0 Qb 11/I hl I (� D illy � ti l sJ. PGR;192- J3G-0/' 1/ /9.0Sirr Til2.94 r/ 0 ,71;- .ke,A(/, 1(0 .Jv4s3 el) tik) /U February 22, 2011 Dear Mr. Vaughan, I am in receipt of your letter regarding my nonconforming signs for my business, Gaia Studios and Gallery and have removed them. My business is on First Street which is an area the City of Eagle told me they wanted to develop, but I am the first one here and very difficult to find. I have people call me to get directions even when they have the address in hand. Removing the signs I have on Eagle Rd and State Street will end the ability for new customers to find me. A portable sign in front of my business does not help me since once customers get to my physical address it is obvious it is a commercial business. It is my hope that City Council will come up with signage to help the small businesses such as myself who have gone to considerable expense to adhere to all of the city's codes and opened businesses in areas of impact Eagle wishes to develop, but are off the main part of town. Perhaps flags on the light poles directing people to the side businesses would be an attractive alternative, and use each new business on a first come first serve basis. I am willing to participate in any committee -type activities if I am able to leave my business to do so. Perhaps the City of Eagle can cooperate with the businesses that rely heavily on these signs and allow us to keep them in place until a suitable replacement is in place. My business is struggling financially and this added hurdle would decrease what traffic the signs bring me. Sincerely, Kelly S. Beach Owner Gaia Studios and Gallery C DR -33-10 SUMMARY: The applicant is requesting waivers to the following Eagle City Code Sections: • Eagle City Code Section 8 -2A -5(E) — Architecture of the building • Eagle City Code Section 8 -2A -6(A)(5) — Locate utilities underground • Eagle City Code Section 8-2A-6(C)(3)(b & f) — Side setback and lot coverage • Eagle City Code Section 8-2A-6(C)(4)(a & d) — Parking located behind buildings and shared parking is encouraged. • Eagle City Code Section 8 -2A -6(C)(5) — All landscaping shall comply with 8-2A-7. • Eagle City Code Section 8 -2A -6(G)(12) — Sidewalk shall be minimum of 10 -feet wide with streetscape improvements. Reduced sidewalk sections are permitted but shall be no less than 6 -feet in width. • Eagle City Code Section 8 -2A -7(K)(2) — Parking lot landscaping shall screen parked cars. • Eagle City Code Section 8 -2A -7(K)(3) — Perimeter landscaping required between property lines. • Eagle City Code Section 8-2A-7(K)(4)(b)(2) — No parking space shall be more than sixty feet (60') from an interior landscaped area. • Eagle City Code Section 8-2A-7(K)(4)(b)(5) — Planting requirements for terminal islands within the parking lot. City of Eagle Check Register - Transparency Version Page: 1 Feb 18.2011 02:10pm Date Check No Payee 02/17/2011 3709 Allied Waste Services #884 Total 3709 02/17/2011 3710 02/18/2011 3711 02/18/2011 3712 02/18/2011 3713 02/18/2011 3714 02/18/2011 3715 02/18/2011 3716 Check Issue Date(s): 02/09/2011 - 02/18/2011 Sec! GL Acct No GLAcct Title 1 01-0413-16-00 UTILITIES/NEW CITY HALL 1 15-0449-08-00 UTILITIES 2 15-0452-06-00 UTILITIES 1 15-0414-04-00 AWIN MGMT (BFI) EDUCATION SRVS 1 15-0454-06-00 UTILITIES Home Depot Credit Services 1 ABC Stamp Co. 1 Ada County Sheriffs Dept. 1 Albertson's #182 Alexander Clark Printing 1 Allied Waste Services #884 1 Analytical Laboratories, Inc. 1 1 Total 3718 02/18/2011 3717 Association Of Idaho Cities 1 15-0450-05-00 01-0413-05-00 01-0418.09-00 01-0422-01-00 13-0413-05-00 15-0414-04-00 60-0435-56-00 80-0435-56-00 MTNC & RPR -EQUIP & STRUCTURES OFFICE EXPENSES LAW ENFORCEMENT DEPARTMENT PUBLIC RELATIONS OFFICE EXPENSES AWIN MGMT (BFI) EDUCATION SRVS TESTING -WKLY, MO, QTR, ANNUAL TESTING -WKLY, MO, QTR, ANNUAL 80-0434-23-00 DUES & SUBSCRIPTIONS 2 12-0413-14-00 PROFESSIONAL DUES Total 3717 02/18/2011 3718 Baldwin & Associates, Inc. 1 Total 3718 02/18/2011 02/18/2011 02/18/2011 02/18/2011 02/18/2011 Total 3723 02/18/2011 02/18/2011 02/18/2011 02/18/2011 02/18/2011 02/18/2011 3719 Barbara Abo 3720 Billing Document Specialists 3721 Clearwire 3722 De Lege Landen Financial Svc 3723 Eagle Water Co. 3724 Environmental Conservation Svc 3725 ESRI, Inc. 3726 Floegel, Jack 3727 Idaho Dept of Water Resources 3728 Information Only Check 3729 Idaho Power Co. -Processing Ctr M = Manual Check, V = Void Check 1 01-0413-05-00 OFFICE EXPENSES 01-0413-05-00 OFFICE EXPENSES 1 06-0461-30-01 1 60-0434-47-00 1 80-0434-19-00 1 01-0416-24-00 1 15-0449-08-00 1 15-0449-08-00 1 07-0482-52-00 1 15-0454-06-00 1 01-0418-32-00 1 14-0413-23-02 1 06-0481-30-02 1 80-0434-53-03 01-0202-00-00 1 15-0441-08-00 2 15-0449-08-00 3 15-0454-08-00 4 15-0448-08-00 5 15-0450-08-00 6 07-0482-52-00 7 01-0413-16-00 1 15-0441-08-00 1 80-0434.80-00 1 80-0434-80-00 1 15-0454.08-00 1 15-0449-06-00 CHILDRENS PROGRAMING BILLING SERVICES TELEPHONE & COMMUNICATIONS EQUIPMENT LEASING UTIUTIES UTIUTIES HISTORICAL COMMIUTILITIES UTIUTIES ENVIRONMENTAL CONSERVATION -M3 MAINTENANCE (GIS) ADULT PROGRAMING PERMITS AND FEES STREET UGHTS-UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES HISTORICAL COMM/UTILITIES UTIUTIES/NEW CITY HALL STREET LIGHTS -UTILITIES POWER POWER UTILITIES UTILITIES Seq Amount Check Amoun 149.80 97.46 97.48 81.13 53.30 479.15 7.98 21.31 107,610.82 64.71 189.52 3,215.50 60.00 15.00 75.00 45.00 135.00 180.00 62.87 36.33 99.20 52.67 815.76 44.99 1,087.25 53.80 53.80 8.25 20.09 135.94 425.00 400.00 50.00 480.06 1,513.03 4.31 458.08 18.71 85.99 76.09 583.26 30.48 1,122.30 455.22 15.33 305.51 479.15 7.98 21.31 107,610.82 64.71 189.52 3,215.50 75.00 180.00 99.2C 52.87 815.76 44.99 1,067.25 135.94 425.00 400.00 50.00 480.06 City of Eagle Date Check No Check Register - Transparency Version Page: 2 Feb 18, 2011 02:10pm Check Issue Date(s). 02/09/2011 - 02/18/2011 Payee Seq GL Acct No GL Acct Title Seq Amount Check Amoun 1 15-0455-06-00 UTILITIES 11.48 1 60-0434-60-00 POWER 175.39 1 15-0452-08-00 UTILITIES 153.52 1 15-0441-06-00 STREET LIGHTS -UTILITIES 10.31 1 15-0441-06-00 STREET LIGHTS -UTILITIES 9.51 1 15-0441-06-00 STREET LIGHTS -UTILITIES 4.31 1 15-0441-06-00 STREET LIGHTS -UTILITIES 125.12 1 15-0441.08-00 STREET LIGHTS -UTILITIES 51.91 1 60-0434-60-00 POWER 510.58 5,700.40 Total 3729 5,700.40 02/18/2011 3730 Intermountain Gas Company 1 07-0462-52-00 HISTORICAL COMM/UTILITIES 93.01 93 01 02/18/2011 3731 James Reynolds 1 11-0413-24-00 Vehicle Expense 24.63 1 11-0413-24-00 Vehicle Expense 3.57 28 20 Total 3731 28.20 02/18/2011 3732 K&T Maintenance 1 15-0445-03-00 CUSTODIAL SERVICES 40 00 1 15-0444-03-00 CUSTODIAL SERVICES 470 00 1 15-0443-03-00 CUSTORIAL SERVICES 473.16 1 15-0442-03-00 CUSTODIAL SERVICES 800.00 1,583 16 Total 3732 1,583 16 02/18/2011 3733 Methodworks 1 60-0434-58-00 WATER REPAIR/MAINTENANCE 190.00 190 00 02/18/2011 3734 Moore Smith Buxton & Turcke 1 01-0416-02-00 CITY ATTORNEY 3,588.17 1 01-0416-02-00 CITY ATTORNEY 1,637 46 1 60-0434-42-01 WATER/LEGAL SERVICES 1,197.85 1 01-0416-02-00 CITY ATTORNEY 734.73 1 01-0413-33-00 ATTORNEY FEE -CHARGE DEVELOPERS 870.56 1 01-0413-33-00 ATTORNEY FEE -CHARGE DEVELOPERS 12,465.05 1 14-0413-33-00 ATTORNEY FEE -CHARGE DEVELOPERS 1900 1 01-0416-02-00 CITY ATTORNEY 154 17 1 01-0413-33-00 ATTORNEY FEE -CHARGE DEVELOPERS 5,006.10 1 01-0413-33-00 ATTORNEY FEE -CHARGE DEVELOPERS 114.00 25,787 09 Total 3734 25,787 09 02/18/2011 3735 National Benefit Services, LLC 1 13-0415-23-01 HRA ADMIN FEE 6 00 2 01-0415-23-01 HRA ADMIN FEE 4.00 3 07-0420-23-01 HRA ADMIN FEE 2.00 4 12-0415-23-01 HRA ADMIN FEE 6.00 5 14-0415-23-01 HRA ADMIN FEE 8.00 6 60-0433-23-01 HRA ADMIN FEE 6 00 7 06-0461-23-01 HRA ADMIN FEE 18.00 8 15-0433-23-01 HRA ADMIN FEE 2.00 52.00 Total 3735 52.00 02/18/2011 3736 Pacific Northwest Chapter ISA 1 15-0413-12-00 PERSONNEL TRAINING 103.49 103.49 02/18/2011 3737 Petty Cash 1 14-0413-13-00 TRAVEL & PER DIEM 12.00 2 01-0413-05-00 OFFICE EXPENSES 13.18 25.18 Total 3737 25.18 02/18/2011 3738 Republic Storage 1 01-0413-36-00 STORAGE SHED RENTAL 94.00 94 00 M = Manual Check, V = Void Check City of Eagle Date Check No Payee 02/18/2011 02/18/2011 02/18/2011 02/18/2011 Total 3742 3739 Safe Deposit Box Operations 3740 Southwest Idaho Subsection 3741 St. Lukes Regional Medical Ctr 3742 Summer Lawns, Inc. 02/18/2011 3743 Treasure Valley Coffee 02/18/2011 3744 Willamette Dental Insurance Total 3744 Totals: Dated: Mayor: City Council: M = Manual Check, V = Void Check Check Register - Transparency Version Check Issue Date(s): 02/09/2011 - 02/18/2011 Seq GL Acct No GL Acct Title 1 01-0413-05-00 OFFICE EXPENSES 1 60-0434-22-00 TRAINING & CERTIFICATION 1 01-0203-01-01 BONDS DEPOSITS PAYABLE 1 15-0437-21-00 FULL TIME GEN MTNC STAFF 2 15-0437-20-00 GENERAL MTNC PARKS -PATHWAYS 1 15-0448-01-00 MAINTENANCE & REPAIR GROUNDS 1 01-0413-05-00 OFFICE EXPENSES 1 12-0217-07-00 CLERK DEPT HEALTH INSURANCE 2 08.0217-07-00 LIBRARY HEALTH INSURANCE 3 14-0217-07-00 P&Z DEPT HEALTH INSURANCE 4 15-0217-07-00 PUBLIC WORKS HEALTH INSURANCE 5 60-0217-07-00 WATER DEPT HEALTH INSURANCE Page: 3 Feb 18, 2011 02:10pm Seq Amount Check Amoun 48.00 48.0C 40.00 40.00 41,550.00 41,550.00 4,918.68 10,484.42 250.00 15,831.08 15,631.08 87.00 87.00 38.49 115.73 122.34 68.75 85.73 431.04 431.04 208,838.51 206,838.51 ADA COUNTY SHERIFFS OFFICE CITY OF EAGLE POLICE MONTHLY REPORT JANUARY 201 1 Group A NIBRS Crime* Person Crime* Property Crime* Society Crime* Total Felony Misdemeanor # of Reported Crimes 80 60 40 20 0 YTD 2010 11 21 7 39 2011 6 20 5 31 Clearance Rate 2011 YTD 83.3% 15.0% 80.0% 38.7% 2010 2011 Nos ember December January 11 18 4 33 17 14 42 9% 13 22 17 35.3% 20 MUM Feb Mar - Person MINI 12 6 15 20 8 5 City of Eagle Population COMPASS 2010 (proposed): 20,590 2011 Population Estimates Not Available 35 31 Group A NIERS Crime Rate YTD (per 1,000) 13 14 2010 1.9 22 17 2011 1.5 11_1. - — Apr May Jun Jul Aug Sep Oct Nov Dec Jan Property Society '08-'10 Monthly Avg % Change -20.5% 2010 Clearance Rates Person: 72.1% Property: 24.6% Society: 93.7% Total: 47.9% Felony: 34.7% Misdemeanor: 56.7% As of February 2011 Police Activity Calls For Sen ice+ (Total) Total Response Time Code 31'. Calls For Sen ice Code 3t Response Time Proactive Policing+ Reports (DR's) A rrests§ Citations # of Incidents 1000 800 600 400 200 0 • YTD 2010 2010 2911 Nos ember December 286 304 324 307 7:27 6:37 6:47 7:44 7 11 11 9 2:08 3:10 3:22 2:32 951 879 781 698 143 98 117 98 43 27 24 15 61 99 97 78 2911 January. 304 6:37 11 3:10 879 98 27 99 Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan t CFS '08-'10 CFS Monthly Avg PRO '08-'10 PRO Monthly Avg Provided By ACSOrCAI' ih Data obtained from New world, CAD. (STARS. and ITD Webee s drawee Page 1 or: January 2011 "fop Calls For Service Burglary Alarm (29) Attempt To Locate Drunk Driver (15) Welfare Check (12) Auto Accident Non -Injury (12) Attempt To Locate Reckless Driver (11) Citizen Assist (11) Data quened 1'14 I I Property Crime Vehicle Burglary Residential Burglary Commercial Burglary Construction Burglary Vandalism Other"" Total Construction Site Check Property/Security Check YTD 2010 20111 2011 Nos ember December 4 2 0 1 3 1 6 3 1 2 0 0 0 0 0 0 2 6 4 2 11 9 8 9 21 20 18 15 2011 Januar3 2 1 2 0 6 9 20 30 51 37 35 51 188 339 244 233 339 Traffic Crashes Property Damage Personal Injury Fatal Total Alcohol -Related Crashes Traffic Stops DUI Arrests Moving Citations # of Crashes 30 20 10 0 YTD 2010 2011 2010 2011 Nos ember December January, 9 15 8 8 0 0 17 23 2 1 494 315 7 6 15 47 January 2011 Crashes by Time of Day 20 11 15 0000-0600 hrs 1 7 8 8 0600-0900 hrs 6 0 (l 0 0900-1200 hrs 1 27 19 23 1200-1500 hrs 5 0 0 1 1500-1800 hrs 6 1800-2100 hrs 4 307 275 315 2100-2400 hrs 0 3 4 6 45 37 47 January 2011 16 lihtiou Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan r.:_ -.__i Property Damage Personal Injury October - December 2010 Top Crash Intersections Highway 44 & Eagle Rd (12) Chinden Blvd & Eagle Rd (5) Eagle Rd & Island Wood Dr (4) Eagle Rd & Colchester Dr (3) State St & Highwy 55 (3) State St & Fisher Park Wy (3) Highway 44 & W State St (3) Penided By ACSu/CAUAh Fatal '08-'10 Monthly Avg Crashes by Day of Week Sunday 1 Monday 4 Tuesday 1 Wednesday 4 Thursday 4 Friday 8 Saturday 1 January 2011 Top Crash Contributing Circumstances Following Too Close (10) Failed To Yield (5) Inattention (3) Previous Accident (2) Dam obtmned from New World, CAD. (STARS. rmd ITD WebCme datalams Page 2 oft Data cleaned 2/1911 rage 1 or 1 Bill Vaughan From: Jim Reynolds Sent: Friday, February 18, 2011 8:56 AM To: Bill Vaughan; Sharon Bergmann Subject: FW: Council Meeting -Feb. 7 From: BILL MCCARREL [mailto:govandals@msn.com] Sent: Wednesday, February 09, 2011 9:21 AM To: Jim Reynolds; Norm Semanko Subject: FW: Council Meeting -Feb. 7 From: strongsix@msn.com To: eaglecity@cityofeagle.org Subject: Council Meeting -Feb. 7 Date: Tue, 8 Feb 2011 22:38:04 -0700 Dear Mayor and City Council members, I have attended three city council meetings as a supporter of Bill McCarroll and his attempt to open up an establishment at the vacant Orville Jackson's building. Prior to attending these council meetings, I can only think of one other I attended as a young man to meet a requirement for a Boy Scout merit badge. As such, I entered these meetings with an inquisitive earnestness and an objective view of the proceedings. After witnessing the council discussions and public comments this evening, I am very disappointed at how personal beliefs of certain council members influence what should be an unbiased hearing on a proposed business. It is my opinion that council members should represent all constituents whether they consume alcohol or not. The proposed venture falls within the Central Business District as an entertainment facility which clearly allows for nightclubs and cocktail lounges. The council's attempt to classify it as a bar versus a cocktail lounge is a play on words and a veiled attempt to try and block an application that clearly meets city code that is already established. I have witnessed all three hearings on this application and the great majority of people attending all favor the approval of the use permit. To insist on additional public comment when there has already been three hearings is subjective interpretation of the law. I applaud Mr. Semanko for calling the other council members to task on this obviously biased maneuver. I challenge all of you to consider the entire population of Eagle and the continued development of downtown. I believe Mr. McCarroll's proposed establishment will benefit downtown Eagle and enhance the charm that continues to draw people to the city. It is time to look beyond personal beliefs and act in the best interest of the city. Regards, Jeff Strong 443 E. Ridge Drive Eagle, Idaho 2/18/2011 Fagelotl Bill Vaughan From: Jim Reynolds Sent: Friday, February 18, 2011 8:54 AM To: Bill Vaughan; Sharon Bergmann Subject: FW: From: Tim Resler [mailto:timr@westerntag.com] Sent: Wednesday, February 09, 2011 5:09 PM To: Jim Reynolds Subject: Please get this approved, Eagle needs more business like this!! Best, Tim Resler 2/18/2011 Bill Vaughan From: Jim Reynolds Sent: Friday, February 18, 2011 8:55 AM To: BiII Vaughan; Sharon Bergmann Subject: FW: The Gathering Place at Orvaille's From: Robert Grubb [mailto:RGrubb@wbtbc.com] Sent: Wednesday, February 09, 2011 2:00 PM To: Jim Reynolds Subject: The Gathering Place at Orvaille's Mayor Reynolds: ?age 1 of 1 It was a pleasure meeting you yesterday and it was a wonderful State of the City address. Thank you for filling the much needed Mayor seat in Eagle. As a member of the City of Eagle Design Review Board for the pat six plus years and involved with the start of hundreds of new businesses via the DR Board in Eagle I wanted to voice my concem for the delay in approving The Gathering Place. It is my understanding that they are an approved use and are not in violation of the city code. It concerns me when we spend so much time and City resources on this issue and turn a blind eye to intentional code violation such as the signage at Busters Bar and Grill. Please reconsider this issue and help energize the downtown with more open businesses such as The Gathering Place. Thanks, Robert Grubb LEED Green Associate Wright Brothers, The Building Company Office Phone: (208) 939-0377 CeII Phone: (208) 869-9248 Fax: (208) 939-0397 www.wbtbc.com Confidentiality Notice: This communication is intended only for the use of the original person to whom it is addressed and may contain privileged and confidential information. Copying or dissemination of this communication is prohibited. If you have received this communication in error, please notify us immediately and delete the original message. 2/18/2011 Bill Vaughan From: Jim Reynolds Sent: Friday, February 18, 2011 8:55 AM To: Bill Vaughan; Sharon Bergmann Subject: FW: Orville From: Kristen Burris [mailto:eaglekristen@gmail.com] Sent: Wednesday, February 09, 2011 10:01 AM To: Jim Reynolds Cc: semanko@nwinet.com; Norm Semanko Subject: Orville rage 1 01 1 Dear Mayor Jim Reynolds and Norm Semanko, Hello! I wanted to thank you for your attention in getting our official paperwork through for last First Friday. We had a very successful party. I am also emailing you to show my support for opening "The Gathering Place at Orvilles". It's a darling building and it is so sad to have seen it vacant for so long. I hope this will add the appeal for people to stay locally in Eagle helping our city thrive. Thank you, Kristen Burris Kristen Burris L.Ac., M.S.T.O.M. Voted Top Doc of Eagle 2010 American Acupuncture Center 128 S. Eagle Road Eagle, Id 83616 (208) 938-1277 www.AmericanAcu.com httn://FertilitvFound.blogsnot.com/ httn://idahoacuuuncture.blogsnot.com/ Join Us Every FIRST FRIDAY of each month for Free Acupuncture 5:00-8:00 pm 2/18/2011 r ago 1 U1 1 Bill Vaughan From: Jim Reynolds Sent: Friday, February 18, 2011 8:55 AM To: Bill Vaughan; Sharon Bergmann Subject: FW: gathering place at orville's From: SCOTT RUNOFF [mailto:SCOTT@ADLIGHT.NET] Sent: Wednesday, February 09, 2011 2:30 PM To: Jim Reynolds Subject: gathering place at orville's To Whom it May Concern: I am writing to voice my support for the approval of the proposed "Gathering Place at Orville's" My wife and I are frequent visitors to Eagle during First Friday events, as well as for evening dining, farmer's markets, etc. In my opinion, the proposed facility would be a great addition to the entertainment options available in downtown Eagle. Thank you; Scott and Denise Ruhoff Boise, Idaho 208-870-5655 2/18/2011 rage 1 or 1 Bill Vaughan From: Jim Reynolds Sent: Friday, February 18, 2011 8:55 AM To: Bill Vaughan; Sharon Bergmann Subject: FW: The Gathering Place at Orville's From: Naomi Preston [mailto:mustanglady80@gmail.com] Sent: Wednesday, February 09, 2011 9:23 AM To: Jim Reynolds Subject: The Gathering Place at Orville's Dear Eagle Mayor & City Council: I am in full support of this new business going in at the downtown location. Eagle needs a wide variety of businesses, and this is a terrific idea for the old Orville Jackson's building. I have been a business owner in Eagle since 1994, and have seen Eagle grow from a small intersection to a huge community. However, our downtown is struggling, and we need to do everything we can as a City to help business owners open new businesses. I believe there have been enough roadblocks to this new business, and it is time to give them full approval. The City of Eagle needs a thriving downtown. The opening of The Gathering Place at Orville's will have a positive impact on all the other downtown business, by bringing more people downtown. Sincerely, Naomi Preston Owner Wild West Bakery & Espresso 2/18/2011 vY�.11 11..11.G10 11V111 L41G 1111U1111G1 41111 13111 1V11..411e1 Bill Vaughan From: Jim Reynolds Sent: Friday, February 18, 2011 8:53 AM To: Bill Vaughan; Sharon Bergmann Subject: FW: Open letters from Eagle Informer and Bill McCarrel From: Defayette Group (mailto:press@mytowninformer.com] Sent: Thursday, February 10, 2011 1:38 PM To: Defayette Group Subject: Open letters from Eagle Informer and Bill McCarrel February 10, 2011 rage 1 014 Tuesday night at the Eagle City Council meeting I witnessed how business should be encouraged and how business is totally discouraged by the same group of men, all within a few hours. On one hand Shaw Afshar of Customedica, represented by his architect presented his plan to convert the old fire station/EPAC into a mixed-use retail business, including moving his pharmacy to this new location. There were variances needed for parking, among several other issues. The council heard the architect explain that they had worked to comply with code, yet they would need council approval to circumvent some issues. He told them they had made an arrangement with the neighboring bank across State Street to meet the parking requirement. There were only 17 spots and they needed 24 to meet code. No need for verification in writing, just a quick and easy approval by all. Big smiles, approval, next item! It was a beautiful thing. It was reasonable and it represents how the council should treat businesses owners that choose to bring and grow business within our city. On the opposite end of the spectrum came Bill McCarrel. Bill has been jumping through hoops for nearly a YEAR, just to bring a business to Eagle. The council has thrown up one roadblock after another. The demands have been expensive and ever changing. The first denial was when Mr. McCarrel applied (as directed by city staff) for a conditional use permit under the category of a 'bar'. The first denial came under the guise of inadequate parking (familiar?) and landscaping. His neighbor across the street had actually agreed to allow additional parking in his lot, but this solution was deemed ill advised by city staff. To appease the parking issue McCarrel revised his floor plan from 4800 square feet down to 2300. Yep, he cut it in half! Anyone that knows anything about real estate understands that this just doubled his cost per square foot. Oh, better sharpen that pencil, Bill! In an effort to appease the council and obtain a permit, McCarrel took the council's advice and agreed to add a restaurant to his use. The classification of a restaurant verses a bar, means that he wouldn't need a Conditional Use Permit, rather, he would be granted a general permit. With this type of permit, the council stays out of the decision to allow the business to open and their only involvement is design review approval. 2/18/2011 v�!\.11 iL.L6lrla 11Vu1 uuuiiuci Quo 1)111 1v1 .&.Q11G1 rage L Ul 41 After he finally gained approval to open a restaurant he found that there would be additional impact fees of over $38,000, add to that equipment and electrical upgrades he was looking at an additional $100,000! McCarrel never wanted to run a restaurant but it seemed he was going to be forced to if he wanted to open at all. All he wanted, was to open a business with pool tables, cribbage boards, shuffle board, darts and arcade games, serving beer, wine, cocktails, coffee, soda, etc. (Dare we call it bar!) The added expense of becoming a restaurant made the business plan unworkable. Back to the drawing board. Upon review of Eagle's Zoning Interpretation and Definitions, he found that, in fact, a better description of his business was in the category of "Commercial Entertainment Facilities" as opposed to a "Bar." Below is the Eagle City Code description of the two categories: "COMMERCIAL ENTERTAINMENT FACILITIES: Any profit making activity which is generally related to the entertainment field such as motion picture theaters, performing arts theaters, sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors, poolrooms, dance halls, ice/roller skating rinks, health/fitness clubs, recreation clubs, arcades, nightclubs, cocktail lounges and similar entertainment activities." "BAR: An establishment for which a license under title 3, chapter 2, article A, B and/or C of this code is required and the principal business of which is the sale of alcoholic beverages to be consumed on premises." The premise that this building is an historic treasure for all to enjoy is a lovely concept, however, the building is private property and the owners have every right to open this legal business as they have proposed. Also, it is not on the Historic Building Register. Major exterior changes were made to the building in the early 80's. Because of this, it can be demolished and replaced or left as an empty lot at any time. The longer this building sits empty, gaining no income for the owners, the more likely that it will be abandoned or demolished. What could drive Councilmen, Shoushtarian, Huffaker and Grasser to so strongly oppose this business? These councilmen are putting Eagle at risk of yet another costly court battle. This is one they won't win. The proposed business is within all laws of this Country, State, County and City. Eagle residents need to stand up and be clear; we will not allow them to dictate their desires upon us. Their authority is only to uphold the law as it is written. Norm Semanko seems to be the only councilman that appreciates and understands the law. The latest ploy to delay approval is a public hearing. The problem with this is that the public has NO say in whether anyone can open a business that is within the law. What good will it do to have a room full of opposing views battle it out? Haven't we all had enough of battling each other? This is just one more example of why Eagle looks like fools to the rest of the County. We need to stop bickering and start welcoming business. If we don't, then we will be stuck with more vacant buildings and a stagnant economy. Seriously, how many other cities would welcome a new business with open arms? Eagle can surely use the jobs and tax base! The premise that this building is a jewel is ridiculous. Certainly there are sentimental reasons to keep it around, but that is where it ends. It is over 100 years old with sorry plumbing, cracked windows a leaky roof.... maybe it would be better to let it go. The thing is, it's not our decision to make, unless of course we want to buy it. I am guessing the price is dropping rapidly. 2/18/2011 peri ieuers from r,agie inrormer ana tsrii ivicuarret Yage 3 of 4 The zoning permit he is requesting falls under CBD. Zoning, CBD= Central Business District: To accommodate and encourage further expansion and renewal in the historical core business area of the community. A variety of businesses, public, quasi -public, cultural, residential and other related uses are encouraged. The greatest possible concentration of retail sales and businesses is to occur in this district. Pedestrian friendly uses and developments are encouraged. "August 18, 2010 Dear Mr. McCarrel, On August 10, 2010, the Eagle City Council voted 4 to 0 to deny the above referenced item based on the site not complying with Eagle City Code Title 8 with regard to the required landscaping and parking. Sincerely, Barbara A. Cerda Planner II cc: Eagle City Council" Please show your support of business in Eagle by showing up at the Town Hall meeting at 6:30 on Tuesday, February 9, 2011 at Eagle City Hall Sincerely, Mary Defayette Publisher, Eagle Informer From Bill McCarrel We NEED your support at the February 22 Eagle City Council meeting. Please consider attending. Eagle City Council Meeting, Eagle City Hall, Tuesday, February 22 6:30 p.m. As many of you are aware, and for those that are not, Denise and I have been working on opening a business in the historic Orville Jackson building in downtown Eagle for some time. The process with the Eagle City Council has been difficult, at best. Our original submission to Eagle City Council (last spring and apparently ill advised by council staff), was for a Conditional Use Permit to open a "Bar". We were given the impression that this was all but a rubber stamp approval. That was not the case. The request was denied by the council following a small group of church/family minded people that turned out to voice their opposition. In my opinion there were nearly an equal number that chose to speak in support of our project (including some that were present for other business), but to no avail. As the Council has a bit of a personal slant, they sided with family friendly and denied our request. We were informed at that meeting that if we had applied as a restaurant the decision would have been different, as that is an approved use per code. 2/18/2011 upeii ieaers lrom nave uuormer ana tsin ivicLarrei rage 4 or 4 Although it was not our intention to open a restaurant on the site (as there are 2 others on the block and 25 within a 1/2 mile radius) we made the decision to add restaurant service to our plan and set out again for approval. As this is an approved use in the Commercial Business District the plan was approved. Upon setting out to get the project underway, we discovered that the impact fees alone (Eagle Sewer District, ACHD, etc) were enough to make the project financially unfeasible as these fees are exorbitant, not to mention the additional equipment and building costs to add a kitchen. Upon further discussion with Eagle council staff we discovered that we are (and should have from the outset) able to apply to the council as a commercial entertainment facility which is an approved use under the Eagle city code. As we are planning to have pool tables, arcade games, shuffleboard, darts, etc. we feel that this falls completely within the definition of a commercial entertainment facility as outlined in the code. Subsequently we applied to the Eagle City Council as such. At the Eagle City Council meeting on Feb 8, after lengthy discussion and public comment from supporters that were present, the "family minded" members of the council refused to offer a second on Councilman Samenko's motion to approve and instead made motion to continue the request to the Feb 22 meeting and open the floor for public comment (not standard practice by the way). (Had the motion received a second, it would have been approved as there is no legal basis to deny a request that complies fully with Eagle city code, hence the only way to avoid approval was to continue.) Please keep in mind that we have been pursuing this project for nearly a year and are looking to revitalize downtown Eagle and re -purpose the historic Orville Jackson's building and bring a much needed business to Eagle. We are not going away! Again, we NEED your support at the February 22 Eagle City council meeting. Please consider attending, prayers (while happily accepted) will not take the place of bodies in attendance. And the prayerful opposition will be attending. You need not speak before the council; just your presence in support will aid our request. You need not reside in Eagle, if it is your intention to support our business bringing people and business to downtown Eagle. Let's show the Eagle City Council we can be a "family minded" community and still support an over 21 establishment in Eagle. Hope to see you there Bil & Denise McCarrel Eagle City Council Meeting Eagle City Hall Tuesday, February 22 6:30 pm 2/18/2011 rage 1 of 1 Bill Vaughan From: Jim Reynolds Sent: Friday, February 18, 2011 8:54 AM To: Bill Vaughan; Sharon Bergmann Subject: FW: The Gathering Place at Orville's From: Masterpiece Designs [mailto:masterpiece©cableone.net] Sent: Thursday, February 10, 2011 1:10 PM To: Jim Reynolds Subject: The Gathering Place at Orville's Mayor Reynolds, My name is Eric McCullough, I am the chairman of the Design Review Board for the City of Eagle. I am sorry we have not yet had a chance to meet! I hope to remedy that soon. I have been on the Design Review Board since 1998.1 have seen a lot of changes, positive and negative for the city(but mostly positive). I have also learned a great deal about the process. I have some real concerns about the way this application has been handled. In all of the years I have been on the board, I don't recall a situation like this. The applicant has met all of the requirements for his project, but has not been allowed to open his business. The exceptions for the lack of terminal islands, landscaping, etc. have already been approved. So I am having a hard time understanding how the City Council can justify a reason for denial. If Council is unhappy with a code section, it can be changed. But at the current time, this is the code we have to work with. The Design Review Board is in charge of reviewing design standards for the city, but when it comes to code issues, we leave them up to the City Council. Athough, the DR board and the City Council have not always seen eye to eye, this situation has nothing to do with that relationship. It has to do with following the Eagle City Code. In the past, I have run into applications where some members of the public were upset about an application before us. Of course, we always try to make a compromise where everyone is happy, but in reality, that rarely happens. Someone is going to walk away mad. But that is the cost of growth. I have been fielding calls about this project for a period of time, and I fear that if it does not go through, there will be public ramifications. It seems as though a storm is brewing! I urge you to have a discussion with the City Council about how they handle the outcome of this application. I just wanted to give you my two -cents. I hope we can get together and chat about more pleasant topics sometime soon Please feel free to call me about this or any other topic Eric McCullough President -Masterpiece Designs, Inc. Landscape Architect #244 Chairman -Eagle Design Review Board Office -208-377-4430 fax 208-377-4428 2/18/2011 Bill Vaughan From: Jim Reynolds Sent: Friday, February 18, 2011 8:53 AM To: Bill Vaughan; Sharon Bergmann Subject: FW: Original Message From: Tate McCullough [mailto:mastertater@yahoo.com] Sent: Saturday, February 12, 2011 1:02 PM To: Jim Reynolds Subject: Dear Mayor Reynolds, I would like to voice my support to approve the new business called "The Gathering Place at Orville's" by Tuesday, February 22nd. Sincerely, Tate McCullough Need Mail bonding? Go to the Yahoo! Mail Q&A for great tips from Yahoo! Answers users. http://answers.yahoo.com/dir/?link=list&sid=396546091 1 Page 1 of 2 Bill Vaughan From: Jim Reynolds Sent: Friday, February 18, 2011 8:53 AM To: Bill Vaughan; Sharon Bergmann Subject: FW: ?compromise on "Orville" Bar downtown? From: Pat Minkiewicz[mailto:pat.minkeagle@gmail.com] Sent: Sunday, February 13, 2011 12:42 PM To: Al Shoushtarian; John Grasser; Norm Semanko; Mike Huffaker2 Cc: Jim Reynolds Subject: ?compromise on "Orville" Bar downtown? Dear Eagle City Council, RE: Proposed "adult bar gathering place" in downtown Eagle in the Orville Jackson building; Mr. McCarrel, applicant. Taking into consideration the comments made both pro and con at the CC Feb.8 meeting concerning the business applicant's et al Proposal, it has occurred to me that some kind of acceptable compromise could be reached in these Hard Economic Times in Eagle. Perhaps a member of CCouncil or the Mayor could approach Mr. McCarrel or his attorney on a compromise similar to the one I offer below. It's worth a try on both sides in order to avoid a standoff between the City and Business Community. Here is what comes to mind: CC could approve the applicant's business Proposal on condition that the names "Orville" and/or "Jackson" not be included in the business name of the Proposed business, nor included in any advertising, formal or otherwise, of said business other than in the address, such as, "in the Orville Jackson building." These two conditions might satisfy the Jackson family enough that the family would agree to withdraw its objection. They might satisfy the City that the proposed business will not exploit the names "Orville" and/or "Jackson," for the reasons CCouncil mentioned at the Feb.8 CCouncil meeting. All that would remain for City Approval are assurance of adequate parking space at the proposed location, acceptable Opening & Closing Times, acceptable Noise Levels and Lighting, Approved Signage, Sewer inspection, Fire Dept. inspection, etc. Whether or not the proposed business use would be an economic success will depend on how the public receives and patronizes a downtown "adult bar gathering place." The only way to find out is to open such a business. If the business fails in future to reach the applicant's financial expectations, so be it. At least CCouncil gave it a chance. If the proposed business use in future attracts ongoing rowdy patrons or disturbances on State Street that the local Police and City begin to be concerned about, then the Business Use can be re -addressed by Eagle City at that time. Very Best Regards, Pat Minkiewicz 2/18/2011 rage 2ot2 PATRICIA MINKIEWICZ HOA -CITY LIAISON BUCKHORN ESTATES WEST EAGLE ID AREA OF IMPACT 208-939-5642 2/18/2011 Tracy Osborn From: Bill Vaughan Sent: Thursday, February 17, 2011 8:22 AM To: Tracy Osborn Subject: FW: Comments for submittal to public record regarding the Orville Jackson building Can you put this in the mail? William E. Vaughan, AIC'P Zoning Administrator City of Eagle ph.: 939-0227 far 938-3854 From: Karianne Fallow [mailto:karianne_cole@hotmail.com] Sent: Wednesday, February 16, 2011 8:41 PM To: Bill Vaughan; cityofeagle@cityofeagle.org Subject: Comments for submittal to public record regarding the Orville Jackson building Dear Eagle City Councilmembers- Please consider the following thoughts regarding the application for an "indoor commercial entertainment facility" located in the Orville Jackson building in downtown Eagle. I respectfully ask that these comments be placed in the public record. As an Eagle resident, I am concerned with the way in which the applicant is attempting to find a loophole in City Code so that he can return to the Council with an application that avoids any public accountability (Le., a public comment hearing). The application is clearly for a bar, despite the fact that a bar was originally turned down by the City Council. Calling it an entertainment facility because it has an arcade game and a pool table doesn't change the fact that it's still a bar. As the saying goes, "you can put lipstick on a pig... but, it's still a pig." First, during the City Council meeting held on February 8th, the applicant suggested that his bar would not be a traditional "bar" or "saloon." But, when pressed to give details about the kind of and number of people who would be employed at the location regularly, the applicant responded that a "bartender and a barmaid" would be the only primary employees. That's interesting, since the applicant is not opening a bar. Secondly, the applicant filed additional documents with the City, prior to the hearing on February 8th indicating his desire to open an indoor commercial entertainment facility in lieu of a restaurant/ bar. A review of that material shows three glaring concerns: - "The applicant is working with the Eagle Historical Society to locate posters, artwork and artifacts to enhance the historic aspects of the building's interior." Interestingly, the applicant didn't meet with the Eagle Historic Preservation Commission until February 9th, at which time he told them that he wanted to get some historic graphics, photos and other relevant materials. So, the credit taken in the submittal to the City is clearly a bit premature. I would hope that someone who really, truly wanted to be a community partner would have those conversations prior to submitting reference of such discussions. - "A typical 'bar' or 'saloon' allows smoking, is dimly lit, depends almost exclusively on customers seeking hard liquor and beer and a few Tight snacks and generally provides seating on elevated stools or in booths that usually seat four people." Also of interest is the fact that Mr. McCarrell's restaurant is filled with high bar -like tables, with high chairs, the old soda fountain with elevated stools and a good number of booths that would accomodate four people. Given smoking bans across the country and debates here in Idaho, it's highly unlikely that the smoking argument will hold up if we look at the near-term future. Until I see some market research that indicates a popular desire for Ms. Pacman and Golden Tee video games, I find it highly unusual that people wouldn't be going to the applicant's business for anything other than to seek hard liquor and beer and a few light snacks, as his submittal describes. - Pleas by Orville Jackson's own family members that the applicant remove the word "Orville's" out of the name have been met with resistance and blatant disrespect. It's hard to believe that someone with that little deference for the significance of the family name will be respectful of the needs and requests of the City in the future. About the hearing on February 8th, I was concerned about the comment made by one Councilmember that since the use was "allowed by law," there should be no public hearing or no debate. I certainly have never been one to either turn down a "watering hole" or deny a private business it's rights to operate. However, I also have a unique perspective on the issue. My full-time job as a Regional Manager of Public Affairs and Government Relations for Walmart puts me in the spotlight at City Council meetings all the time across the country. And, there are many elected bodies who have chosen for a deliberate process and the "right thing to do" over what is simply allowed by law. Trust me... many a Walmart stores have been denied in the early stages of City Council due to pressures of public input or other influences! In fact, the City of Eagle turned down a Walmart by implementing a Big Box ordinance and then turned around and approved a similiar-sized Fred Meyer. So, even our City isn't immune to making decisions thagt might seem unfair because of pressures from the public and personal agendas. It is your obligation as elected officials to weigh the many and difficult influences at play in your community. I don't envy your position on this issue and even if you choose to approve the application, I hope that you will re -visit the fact that you have two very conflicting laws on the books-- one that prohibits a bar at this location and one that allows an indoor commercial entertainment facility (i.e., a bar) at this same location. I believe that something this important-- something that could very well change the essence and spirit of our small but robust downtown-- deserves a thoughtful dialogue and an opportunity for you to hear from your constituents. I also think the applicant needs to be challenged to think about the many forces at play here in our city (be they historical, familial, cultural, or otherwise). I look forward to further debate on this issue. Respectfully, Karianne Fallow 1365 W. Kenai Ct. Eagle, ID 83616 208/280.2444 2 RECEIVED & FILED MELISSA J. SHARP CITY OF EAGLE February 16, 2011 Mayor Jim Reynolds City of Eagle 660 E. Civic Lane Eagle, ID 83616 Dear Mayor Reynolds: FEB 16 2011 FN4� 1 Route to:.. e ie d c.1 - I have researched some information that I thought you might be interested in. Jane Kramer suggested that I forward my findings to you for your review after a discussion you both had this past weekend. Following is what I have learned since the City Council meeting on Tuesday, February 8th, 2011. I wanted to verify the accuracy of Bill McCarrel's suggestion that he could open the "bar" the first Saturday of the month to all ages. It has always been my understanding that an over -21 bar was considered a bar 24/7, no matter what. I visited the website for the Idaho Liquor Division (wwwiiquor.idaho.gov) and clicked on the Contact Us link. I first called the number for the Idaho State Liquor Division Administrative Office in Boise. They informed me that bars were regulated by Alcohol Beverage Control in Meridian. I called them on Thursday, February 10th, and spoke with a man named Jamie (884-7060). I explained that I was interested to learn whether an establishment that serves hard liquor and does not contain a restaurant could ever have patrons under 21 allowed, even if alcohol were locked away. He stated that a bar cannot have under age patrons at any time, whether alcohol is being served or not. This certainly contradicts the suggestion that was proposed by Mr. McCarrel at the council meeting on February 8th. When I got home from the council meeting Tuesday night, I couldn't stop my curiosity about the differences in nightclubs, cocktail lounges and bars. I not only searched online dictionaries, I also got out my old trusty dictionary to educate myself further. I tried to scan the pages, but the binding prevented my getting a very legible image unfortunately. I have transcribed my findings into a word document and am attaching it. You are welcome to borrow the actual dictionary at any time if you would like. Online sources stated that cocktail lounges are also located in restaurants and bowling alleys, but all sources make it sound like they are a room within another type of business (hotel/restaurant/bowling alley, etc.). I felt there must be some reason why nightclubs and cocktail lounges were listed separately and bars were not specifically included in the approved uses for a commercial entertainment facility. I hope that you will find this information helpful. I thank you very much for your time. Respectfully L-nrii,jae Melissa Sharp Concerned Eagle Citizen 1974 EAST BIRCHWOOD DRIVE • EAGLE, IDAHO • 83616-6168 PHONE: 208.939.0051 • CELL: 208.371 .0654 DEFINITIONS FROM RANDOM HOUSE WEBSTER'S COLLEGE DICTIONARY ISBN #0-375-42560-8 Copyright 2000 Bar (bar), n. v., 6. A counter or place where beverages, esp. liquors, or light foods are served to customers: a coffee bar, a wine bar. 7. A barroom or tavern. Cocktail lounge, n. 1. A public room, as in a hotel, where alcoholic drinks are served. 2. A bar [1935-1940]. Nightclub (nit'klub") n., v., -clubbed, -clubbing —n. 1. Also night' club'. An establishment open at night, offering food, drink, floor shows, dancing, etc. — v.i. 2. To visit nightclubs [1880-18851. rage 1 or 1 Bill Vaughan From: Jim Reynolds Sent: Friday, February 18, 2011 8:52 AM To: Bill Vaughan; Sharon Bergmann Subject: FW: McCarrel Lounge From: Brandy Chelini[mailto:bchelini@vandals.uidaho.edu] Sent: Friday, February 18, 2011 8:09 AM To: Jim Reynolds; eaglecity; alcityplanner@yahoo.com; Norm Semanko Cc: BILL MCCARREL Subject: McCarrel Lounge Dear Council Members, My name is Brandy Chelini and I became a Vandal Alumni in 2008. I currently work for a municipality in the Magic Valley so can sympathize with your dilemma. I hope you can understand and show some enthusiasm that someone wants to start a business in the current economy. That's great! From what I understand, the issue is that this business is not a family friendly one. I am currently engaged to be married this summer and hope to start a family in the next couple of years. Yet I feel that there is still a need for establishments for adults, both with families and without. A nice low key lounge would be a perfect date night for my husband to be and I. Again, I'm excited to hear that some people are turning the lemons of the economy into lemonade (and proud that they are Vandals). It is inspiring and shows that the US will bounce back like it always does. Please reconsider and support this business. Hopefully more businesses will come that can be geared toward all ages. Thank you for taking the time to read this. Sincerely - Brandy Chelini 2/18/2011