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Minutes - 2012 - City Council - 02/14/2012 - Regular EAGLE CITY COUNCIL Minutes February 14, 2012 PRE-COUNCIL AGENDA: 5:30 p.m.-6:30 p.m. 1. Library Director's Report: Final report by Director Ron Baker. Ron distributes his final Library Director's Report which provides an overview of where the Library stands as it makes the transition to a new Director. Discussion on hiring a new Library Director and the Library Boards strategy. Introduces Janice Campbell who will be the Interim Library Director as of March 1, 2012. Discusses the Monthly Library Statistic Report. 2. Susan Lynn Mimura&Associates,PLLC: Susan Mimura will provide a report regarding Prosecuting Attorney Services for 2011. Reschedule for a later date. 3. Mayor and Council Reports and Concerns: Grasser reports on the Urban Renewal meeting and the Sewer District meeting. Mary reports on the Parks and Pathway Committee meeting. Reports on the meeting with BAMBA. Butler reports on the Library Board meeting. Reports on the meeting with ACHD in regard to the intersection of Old State Street and Eagle Road and a round-about. General discussion. Semanko reports on the meeting he had with Mark Krause today. I have encouraged him to come and give a report on what their activities are and what they have proposed in the Legislature. We need to schedule him on a Pre-Council. 4. City Clerk/Treasurer Report: I would like to Thank You for the Service Award. The Suggestion Box is installed and the Mayor and Council Member Semanko have a key. There will be a School Bond Election in Council Chambers on March 13th and I will send you a reminder email tomorrow as to rescheduling that meeting. Discusses the financial reports that have been provided to the Council. Reports on the Letter from Idaho Power in regards to the funds being held in the Idaho Power Distribution Fund Money Market Account. Idaho Power's letter stated that these funds can be transferred to the General Fund of the City. General discussion. Discussion on the City using Zions Bank which is not physically located in Eagle. General discussion. 5. Zoning Administrator's Report: Council's desire was to keep the agenda for the February 28th Council Agenda light so there would be adequate time for the CID. Discusses the items that will be on the February 28th Council Agenda. General discussion. 6. Public Works Director Report: The doors from the Chamber Lobby have been adjusted and are now closing without banging. In the Building Department this time last year we brought in $221,134.00 and at the same time this year we have brought in $384,422.00. This budget year I project 30 new homes we are at 46. Last year we had 140 new homes. The word is there will be a slow down for the next few months. Fred Meyers is working on a lot of their commercial that we were not expecting and we have some other retailers that are looking but nothing submitted. 7. City Attorney Report: I have been working on the CID issues and daily stuff. INVOCATION: Page I K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-02-14-2012min.doc REGULAR COUNCIL AGENDA: 6:30 p.m. 1. CALL TO ORDER: Mayor Reynolds calls the meeting to order at 6:35 p.m. 2. ROLL CALL: SEMANKO, GRASSER, DEFAYETTE,BUTLER. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Mayor Reynolds leads the Pledge of Allegiance. 4. PUBLIC COMMENT: Bob VanArnem, 3049 S. Whitepost Way,I wanted to clarify the record about whether or not there was a fuel recovery fee on our bill. The fee did go away and was restored in 2010. Once again the Council has the ability to rescind that fee. I am of the opinion that the fee is not necessary. This is a very small fee and it is my understanding that this will go away next month. General discussion. Defayette: I noticed there is an Eagle Police Officer here and I have a question for him, Sgt. Olsen. I ride my bike by Eagle Hills Golf Course and there is always cars parked in the bike lane and I have also noticed there are No Parking Signs. Can you tell me what the law is as far as parking in bike lanes? Sgt. Olson, it is a bike lane but it is also a public street so you can still park your car on a public street. We have addressed this before as there have been a few complaints. If there is a No Parking Sign you cannot park there but if you live there and it is not posted it is legal to park. Semanko: Given Mr. VanArnem's comments and clarification I'm wondering if sometime in March we could put this on an Agenda and have Ms Klien here and we can discuss what we might do. Bob VanArnem: I was told that it would go away at the end of the second quarter. The charge is miniscule. Semanko: We need to follow up on this and get some clarification. 5. CONSENT AGENDA: ♦ Consent Agenda items are considered to be routine and are acted on with one motion. There will be no separate discussion on these items unless the Mayor, a Councilmember, member of City Staff, or a citizen requests an item to be removed from the Consent Agenda for discussion. Items removed from the Consent Agenda will be placed on the Regular Agenda in a sequence determined by the City Council. • Any item on the Consent Agenda which contains written Conditions of Approval from the City of Eagle City Staff, Planning & Zoning Commission, or Design Review Board shall be adopted as part of the City Council's Consent Agenda approval motion unless specifically stated otherwise. A. Claims Against the City. B. DR-38-11 — Retail and Wholesale Sales of Landscaping Products — Idaho Concrete Company: Idaho Concrete Company, represented by Jim Mihan with Beck and Baird Engineering, is requesting design review approval of the landscape buffer along East State Street for a decorative rock sales yard. The 93-acre site is located on the south side of East State Street approximately 280- feet west of State Highway 55 at 2755 East State Street. (WEV) C. DR-07-12 -New tenant panel on the monument sign for Mean Jean's Chic Boutique-Mean Jean's Chic Boutique: Mean Jean's Chic Boutique is requesting design review approval to construct a tenant panel on the existing monument sign. The site is located on the west side of South Eagle Road Page 2 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-02-14-2012min.doc approximately 90-feet north of East Plaza Drive at 209 South Eagle Road. (WEV) D. Findings of Fact and Conclusions of Law for RZ-12-08 MOD—Modification to Development Agreement(Instrument#109064085)—Abundant Life Baptist Church: Abundant Life Baptist Church, represented by Jim Main with Design West Architects, is requesting modifications to the Conditions of Development associated with the A-R-DA(Agricultural—Residential—up to one(1)dwelling unit per five(5)acres with a development agreement)zoning classification. The 5.78 acre site is located approximately 1,000 feet east of North Park Lane on the south side of West Floating Feather Road at 3633 West Floating Feather Road. (WEV) E. Minutes of January 24,2012. Semanko: Just for clarification, is there requirement that the Mayor read the Consent Agenda. City Attorney Buxton's response is no,there is no requirement. Semanko removes Item#5E from the Consent Agenda. Semanko moves to approve the Amended Consent Agenda,Items#5A,B,C and D. Seconded by Grasser. Semanko: AYE: Grasser: AYE; Defayette: AYE; Butler: AYE; ALL AYES: MOTION CARRIES 5E. Minutes of January 24,2012. Semanko: I would like the minutes in regards to the Urban Renewal Agency there was at least one charge levied during testimony that the decision had already been made and I think that it is important to reflect in the minutes that I specifically addressed this acquisition that no decision had been made ahead of time. I would be happy to approve the minutes with this clarification. Semanko moves to approve the minutes of January 24,2012 as amended. Seconded by Butler. ALL AYES: MOTION CARRIES 6. PROCLAMATIONS & RESOLUTIONS: A. Resolution 12-08: Authorizing the destruction of temporary and transitional public records. (SKB) [5 min.] Mayor introduces the issue. City Clerk Bergmann provides an overview of the resolution. Grasser moves to approve Resolution #12-08. Seconded by Butler. ALL AYES: MOTION CARRIES .. 7. UNFINISHED BUSINESS: A. Changes to the Urban Renewal Agency Board of Commissioners: The Eagle City Council is seeking public comment on changing the makeup of the Urban Renewal Agency Board of Commissioners. The current Board consists of 7 members who were appointed by the Mayor and Council. The proposed new Board would consist of the Mayor and Council, and up to 2 additional Commissioners appointed by the Mayor and Council. The public is encouraged to provide comment on this item. [60 min.] A.1.Consideration of Ordinance 669 changing the make-up of the Urban Renewal Board. An Ordinance Of The City Of Eagle,Ada County, Idaho, Terminating The Appointed Board Of Commissioners Of The Eagle Urban Renewal Agency And Appointing And Designating The Mayor And City Council Of The City Of Eagle As The Page 3 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-02-14-2012min.doc Board Of Commissioners Of The Eagle Urban Renewal Agency; Providing For The Appointment Of Two Additional Members To The Board Of Commissioners Of The Eagle Urban Renewal Agency; Providing A Savings And Severability Clause; Providing A Repealer Clause; Providing For Publication By Summary;And Providing For An Effective Date. A.2 Consideration of Amended Eagle Urban Renewal Agency Bylaws to reflect adoption of Ordinance 669. A.3 Discussion regarding the creation of an Urban Renewal Advisory Committee.: The public is encouraged to provide comment on this item. (NS) Mayor introduces the issue. Jeff Kuntz, 2213 E. Skookie Drive, I have read through the comments and the published material and have been to the URA website. If I understand the concerns expressed by City Officials they basically hinge on perceived lack of transparency, greater public accountability and management oversight in general. I am also here to speak in opposition to adoption of proposed Ordinance 69 and creation of a citizen's advisory council to the URA. I am sympathetic to your concerns. I am also concerned that the solutions proposed in Ordinance 669 and even the citizens advisory committee are somewhat overzealous and maybe even a little bit over reaching. Proceeds to explain his concerns in depth. General discussion. Jane Kramer, 57 E. Ranch Drive,I fully believe that we have a fully qualified panel sitting on the URA. I agree with what Mr. Kuntz has said,there is really not very much information on their web site. I believe the issue of accountability and transparency are issue that can be enhanced. I would also like to see them to be more proactive to educate the public about their projects. Doug Racine, Chair of the URA,I have a written script that I will read. Mr. Racine reads his written statement into the record. (Mr. Racine's written statement is attached as an exhibit to these minutes) General discussion. Doug Racine: Make an early payment on city loan and pay off entirely next month. Susan—provides an overview of State Statues in regards to the URA and the legality of the Mayor and City Council sitting as the board. Discussion on waiving the three reading rule in regards to ordinances. General Council discussion. A. Changes to the Urban Renewal Agency Board of Commissioners: Butler: I move the following: First,that in accordance with Idaho State Statute 50- 2006(b)(4),the City of Eagle adopt an ordinance that replaces the current appointed Urban Renewal Agency Board of Commissioners with the legislative body charged with governing the City of Eagle. The new Urban Renewal Agency Board of Commissioners would then consist of five members which will be the Mayor and the four City Council members. Second,that the new Urban Renewal Agency appoint a working committee to gather information and provide advice to the Agency as the Agency may deem necessary. Seconded by Defayette. Discussion. Semanko: AYE: Grasser: NAY; Defayette: AYE; Butler: AYE: MOTION CARRIES Al. Consideration of Ordinance 669 changing the make-up of the Urban Renewal Board. An Ordinance Of The City Of Eagle,Ada County, Idaho, Terminating The Appointed Board Of Commissioners Of The Eagle Urban Renewal Agency And Appointing And Designating The Mayor And City Council Of The City Of Eagle As The Board Of Commissioners Of The Eagle Page 4 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-02-14-2012min.doe Urban Renewal Agency; Providing For The Appointment Of Two Additional Members To The Board Of Commissioners Of The Eagle Urban Renewal Agency; Providing A Savings And Severability Clause; Providing A Repealer Clause; Providing For Publication By Summary; And Providing For An Effective Date. Butler moves that we amend Draft ordinance 669 prior to adoption tonight, removing any reference to having two additional appointed agency members as follows: In the Heading/Preamble: delete the line after the first colon which reads,"Providing for the appointment of two additional members to the Board of Commissioners of the Eagle Urban Renewal Agency". In the WHEREAS Section: Delete the last word in the third "WHEREAS"which is the word "and", replace the colon with a period,and delete the entire fourth "WHEREAS" which states,"WHEREAS, pursuant to Idaho Code 50-2006(1),the Mayor and City Council of the City of Eagle desire to appoint two (2)additional members to the Board." In Section 2: at the end of the first sentence after the comma delete, "along with two(2) additional appointed commissioners,and delete the comma. At the end of the second sentence after the comma delete,"and two(2) additional members appointed by the Mayor with the consent of the City Council",and delete the comma. At the beginning of the third sentence delete,"For members that hold the office of Mayor or City Council Member,"and change the "t"in the next word "the"to a capital"T". And delete the last sentence which reads,"For members that do not hold the office Mayor or City Council Member,the term of office shall be four(4)years". Seconded by Defayette. Discussion. Semanko: AYE: Grasser: NAY; Defayette: AYE; Butler: AYE: MOTION CARRIES A.2 Consideration of Amended Eagle Urban Renewal Agency Bylaws to reflect adoption of Ordinance 669. Butler 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#669 as just amended be considered after being read once by title only. Butler reads Ordinance#669 by title only. Seconded by Semanko. Semanko: AYE: Grasser: NAY; Defayette: AYE; Butler: AYE: ALL AYES: MOTION CARRIES Butler moves that Ordinance#669 as amended be adopted. Seconded by Semanko. Semanko: AYE: Grasser: NAY; Defayette: AYE; Butler: AYE;ALL AYES: MOTION CARRIES Bob VanArnem, what is really going on here? Something just doesn't sit right with me.As far as the people who write letters or make phone calls that they felt fearful, well shame on them. Where are they week after week to see what is going on with the City and where is their participation. I just have to ask myself,what is really going on here. My dog in the fight is this, if an URA, CID, or LID or whatever results in City staff spending a lot of times on those entities and as a result my taxes increase this is my dog in the fight. What is behind the scenes that is happening. One thing I have appreciated the past several years with the City Council that preceded this group is that despite their differences and their seemingly deadlock week after week I felt those folks represented every single person in Eagle and didn't have a political agenda of any kind. Jeff Kuntz, I think it is absolutely felicitous the argument that you are making Mark that suggest that City officials need to be the URA membership or Board of Commissioners in order to provide greater accountability. The Mayor appointed the members of the URA and they were Page 5 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-02-14-2012min.doc voted on by the City Council. For reasons of inefficiency,neglect of duties or misconduct they can be removed and this idea that elected officials need to take over control and power of the Board of Commissioners is absolutely ridiculous. I think it is absolutely unreasonable and a blatant power grab what you have done here and this idea that you are going to have an advisory committee that may not have the requisite qualifications and a Board of Commissioners comprised of City Officials that may not have the requisite qualifications is a disaster waiting to happen. Butler: William Rehnquist,the Chief United States Supreme Court Justice, in a 1984 decision on freedom speech said the following and I think this is what you have seen throughout this whole meeting. You have opinions, I have opinions,we all have opinions. But he said something that really holds true and I think that applies to what has happened here these last two meetings. He said"at the heart of the first amendment is the recognition of the fundamental importance of the free flow of ideas, freedom to speak ones own mind it is not only an aspect of individual liberty but is essential to the quest for truth and vitality of society as a whole." What that means is that you, me,John have a right to speak our own mind. The beauty of it is that we can do this in a public setting. I think that is important and I feel firmly on the way I spoke and your feel firmly on the way you spoke and that is just the way it is. Jerome Mapp, 1855 Danmore Drive, Boise,I don't have a dog in this fight I just want to share some comments on the URA with the Council. Discusses the prior work he has done for the City on the Downtown grant on street lights/sidewalks. Discusses his time served on the Boise City Council and his assignment to sit on the Boise URA,the CCDC and I served on that Board for 11 years. There is a lot of work that goes into a URA,there is a lot of work that goes into an Urban Renewal District. There are a lot of meetings to attend. There are ways that Council can manage the URA. You don't have staffers and that is one issue that you might want to consider, it doesn't have to be full time but they need to work directly with the agency. We were required to file an annual report to the Council every year and the report showed our achievements, money spent and our goals for the future. We had a three year plan we put together. We did special reports and we traveled to other cities to see what they were doing with URA. Don't take this lightly. One of the important things is to let the people know what is going on. My opinion is that you have 7 members with two City Council Members. Gloria Mayhew, 2323 N. Seven Oaks Way, I appreciate Marks comment on how we live in a democratic system where we can all give our thoughts. I appreciated going to the URA and sharing our thoughts on a project we thought was important to 10t Street. I appreciated the professional opinions that we received, it was really helpful. I understand that the URA has been resolved already; I think that is a big job to take on the task of what the URA was doing and at this pointj'm going to believe that the Citizens Advisory Committee will fill what that was and that we can all work together to accomplish the goals of the URA. I appreciate passion but there comes a time when logic needs to overcome emotions and we need to stay in control. I was uncomfortable last week at the City Council meeting because of the swearing and speaking out of turn occurred. If I had been the lady who received the phone call and someone was unwilling to share their name and that would make me uncomfortable. I don't appreciate when citizens who have no accountable get up and point fingers and call names to people who have been elected to represent us. We are working on trying to open a candy shop on the lower level of the Eagle Hotel so I know that communication is necessary. General discussion. Page 6 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-02-14-2012min.doc A.3. Discussion regarding the creation of an Urban Renewal Advisory Committee.: The public is encouraged to provide comment on this item. (NS) This item was covered under the Motion on Item#A1. General discussion. Mayor calls a recess at 8:05 p.m. Mayor reconvenes at 8:20 p.m. B. Discussion of deferral of collection of land use application fees. The public is encouraged to provide comment on this item. [15 min.] Mayor introduces the issue. Semanko continue this item to the March 27,2012 City Council meeting. Discussion. Seconded by Defayette. ALL AYES: MOTION CARRIES 8. PUBLIC HEARINGS: A. RZ-1i-05 MOD 3—Modification to Development Agreement(Instrument#106161990) —Cloud Berry,LLC.: Cloud Berry, LLC, represented by Justin Martin, is requesting a modification to the development agreement(Instrument#106161990)associated with the R-2- DA-P(Residential-up to two units per acre with a development agreement-Planned Unit Development)zoning classification for the Legacy Development. The 623.9-acre site is generally located approximately 1,850-feet north of State Highway 44 between Linder Road and State Highway 16. (WEV)[5 min.] Mayor introduces the issue. Grasser moves to continue RZ-13-05 MOD 3 — Modification to Development Agreement (Instrument#106161990)—Cloud Berry,LLC. to the March 27,2012 City Council meeting. Seconded by Semanko. ALL AYES: MOTION CARRIES B. ZOA-03-11—Zoning Ordinance Amendment—Ordinance 665: An ordinance of the City Of Eagle, Ada County Idaho,repealing Title 8 "Zoning", Chapter 2 "Zoning Districts and Map", Article A"Design Review Overlay District", Section 8 "Sign Regulations"; and enacting a new Section 8 "Sign Regulations"; providing a severability clause; and providing an effective date. The proposed ordinance amendment repeals the existing sign code and provides new criteria for business signage approval within the City. (WEV)[45 min.] Mayor introduces the issue. Zoning Administrator Vaughan provides Council an overview. Discussion on temporary signage. Gretchen Gilbert discusses the process and the education and communication with the business as to this sign ordinance. General discussion. Mayor opens the Public Hearing Jerry Sullivan, 1736 N. Clarion, I have had a Great Clips in Eagle Pavilion since 1997 and I have a Great Clips under construction in Eagle Market Place. I came in to get a sign permit application rolling in December and I found out Great Clips national sign is not approved in Eagle. I finally got Great Clips to approve exposed neon. Great Clips finally approved red on Page 7 K\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-02-14-2012min doc red with the stipulation it had to have a cover, sent that to Fred Meyers and they did not approve it. I would hope that you would let your Staff approve these signs when they met Code so we could move through the process. Discusses some of the differences in type of signage and discussion on how a sign is measured in Eagle. Displays an overhead about measuring his sign. Terri Sayer: 2151 W. Forest Hill Court, I served on this committee and one of the things that came to be is we were trying to make the signs bigger and more visible. We wanted to have some education in the community and I think a blast needs to go out to all sign companies. Mayor closes the Public Hearing Butler moves that we adopt Ordinance#665 as presented with the following changes: Page 3 of 18,change the word "fast food"on the heading be changed to "drive thru/drive up service"and the word "fast food"in the sentence in that definition be changed to "drive thru/drive up service"; Page 9,Item 6B,change the word "Design Review Board"to "City",on the same Page,8A,change the word "Design Review Board"to"City"; Page 14, Item 13B,add a sentence that says "A clear covering may be permitted for protection of the neon element". Discussion. Seconded by Defayette. Discussion. ALL AYES: MOTION CARRIES Butler 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#665 as amended tonight be considered after being read once by title only. Butler reads Ordinance#665 by title only. Seconded by Grasser. ALL AYES: MOTION CARRIES Butler moves that Ordinance#665 as amended tonight be adopted. Seconded by Grasser. Semanko: AYE: Grasser: AYE; Defayette: AYE; Butler: AYE;ALL AYES: MOTION CARRIES C. ZOA-04-11 —Zoning Ordinance Amendment—Ordinance 667: An ordinance of the City Of Eagle,Ada County Idaho, amending Title 2 "Boards and Commissions", Chapter 2 "Design Review Board", Sections 1, 2, 3, 4; and amending Title 8 "Zoning", Chapter 2 "Zoning Districts and Map", Article A"Design Review Overlay District", Sections 3, 9, 13, 16; and amending Chapter 5 "Nonconforming Uses", Section 2; providing a severability clause; and providing an effective date. The proposed ordinance amendment clarifies the duties and authorities of the Design Review Board and Zoning Administrator, provides for administrative level design review applications and includes additional provisions for Board level applications. The ordinance amendment also changes design review application,modification application, and appeal application processing requirements and provides new criteria for changes to nonconforming uses. (WEV)[30 min.] Mayor introduces the issue. Zoning Administrator Vaughan provides Council an overview and discusses a provision that needs to be revised. General discussion. Mayor opens the Public Hearing Mayor closes the Public Hearing Butler moves that we approve Ordinance#667 as amended herein with the recommendation of the Design Review Board with regard Section 8-2A-3. Seconded by Defayette. Discussion. Semanko: AYE: Grasser: AYE; Defayette: AYE; Butler: AYE;ALL AYES: MOTION CARRIES Page 8 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-02-14-2012min.doc Butler 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#667 as approved tonight be considered after being read once by title only. Butler reads Ordinance#667 by title only. Seconded by Defayette. ALL AYES: MOTION CARRIES Butler moves that Ordinance#667 as approved night be adopted. Seconded by Defayette. Semanko: AYE: Grasser: AYE; Defayette: AYE; Butler: AYE; ALL AYES: MOTION CARRIES 9. NEW BUSINESS: A. Franchise Fee Agreement with Cable One: The Cable Television Franchise,Eagle City Code Title 6, Chapter 4 was adopted June 26, 1991 by the Eagle City Council for a period of twenty(20)years,to expire on September 20, 2012. (SKB) Mayor introduces the issue. City Clerk Bergmann, I thought it was time to bring this to your attention as our Franchise Fee Agreement with Cable One will expire the end of September this year. City Attorney Buxton provides an overview of the Bill before the Legislature to change Franchise Fees and how the City should proceed. Semanko moves to authorize the Mayor,City Attorney and staff to begin the process of negotiating a new Franchise Agreement. Seconded by Butler. Semanko: AYE: Grasser: AYE; Defayette: AYE; Butler: AYE; ALL AYES: MOTION CARRIES B. Review of ACHD Draft B Five Year Work Plan: (WEV)[I5 min.] Mayor introduces the issue. Zoning Administrator provides Council an overview of the process. General discussion. Sabrina Anderson, ACHD, provides Council information on the Hill Road Extension and ACHD's Five Year Work Plan. Discusses a couple projects that are now showing up as they are in our current budget. General discussion. C. Discussion of Eagle Bike Park Maintenance: (MD)[20 min.] Mayor introduces the issue. Defayette: my good friends are here to talk about Eagle Bike Park and they have a Power Point Presentation. I have handed out some photos to Council. Mark Piper, BAMBA, displays a Power Point Presentation on the Bike Park and discusses the same. General discussion. Defayette moves to allocate$8,000.00 out of our Operational Reserve for Maintenance for the BAMA Group to manage upon the Lease being approved and our Attorney working on a Contract. Seconded by Butler. Discussion. Semanko: AYE: Grasser: AYE; Defayette: AYE; Butler: AYE; ALL AYES: MOTION CARRIES Page 9 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-02-14-2012min.doe D. Discussion to formally requesting ITD prioritize repainting the lanes of Eagle Road near Cottonwood Ct.: (MD)[20 min.] Mayor introduces the issue. General discussion. Council concurs to have the Mayor send a letter to ITD and ask them that they prioritize this and not put it off any longer. Mayor calls a recess at 10:55 p.m. Mayor reconvenes at 11:00 p.m. 10. EXECUTIVE SESSION: A. Acquisitions of Private Property: I.C. §67-2345(c) Mayor introduces the issue. Semanko moves to go into Executive Session in accordance with I.C. 67-2345(c) for discussion on the acquisition of private property. Seconded by Grasser. Semanko: AYE: Grasser: AYE; Defayette: AYE; Butler: AYE;ALL AYES: MOTION CARRIES Council goes into Executive Session at 11:05 p.m. Council discusses acquisition of private property. Council leaves Executive Session at 11:20 p.m. 11. ADJOURNMENT: Semanko moves to adjourn. Seconded by Grasser. ALL AYES: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 11:20 p.m. Respectfully submitted: '4` OF EA I.r it ���/�/i/ 1s 1 y ..wwww".���°.°s SHARON K. BERGMANN C 030R,1,„*. CITY CLERK/TREASURER ; 0\ CITY � `�' y * rw+ j T w w APPROVED: 2 S E A L••••••••_ •�L. - • ! •J• i ES D. REYNOL I� AYOR AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL UPON REQUEST. Page 10 K\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-02-14-2012minrtdoc