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Minutes - 2012 - City Council - 05/22/2012 - Regular EAGLE CITY COUNCIL Minutes May 22,2012 PRE-COUNCIL AGENDA: 5:30 p.m. -6:30 p.m. 1. Ada County Assessor: Robert McQuade (20 min.) Mr. McQuade reviews the assessed values for Eagle. He explains that market value is defined as what the property would sell for as of January 1 t. When the budget is approved,that amount will be divided by the taxable value and that is how the levy rate is derived. The Assessor's Office does a physical inspection on 20%of the properties. The Homeowners Exemption this year is worth only$84,000 this year. Preliminary numbers for City of Eagle market value $2.4 billion before tax exemptions and $1.9 billion after exemptions,this reflects 6% increase for Eagle. In Eagle 78% of the property tax burden is shouldered by residential property owners, leaving 22% of the burden by commercial property owners. General discussion. 2. Mayor and Council Reports and Concerns: Butler asks a question about open meetings and 2 or more Council members being at the same event. Buxton provides information regarding the Open Meeting Act 67-2340. State law states you can't have secret meetings and discuss matters of law. Idaho Code also has restrictions regarding deliberation,which it defines as "the receipt or exchange of information or opinion relating to a decision, but shall not include informal or impromptu discussions of a general nature which do not specifically relate to a matter then pending before the public agency for decision." Buxton illustrates the "do's and don'ts" of interacting outside of Council meetings. Discussion regarding new ways to notice Town Hall agendas to ensure the open meeting laws are not violated and to get items agenized for the Town Hall meetings. 3. City Clerk/Treasurer Report: moved to end of meeting 4. Zoning Administrator's Report: moved to end of meeting. 5. Public Works Director Report: moved to end of meeting. 6. Attorney Report: moved to end of meeting. INVOCATION: REGULAR COUNCIL AGENDA: 6:32 p.m. 1. CALL TO ORDER: Mayor Reynolds calls the meeting to order at 6:32 p.m. 2. ROLL CALL: Present: SEMANKO, GRASSER,DEFAYETTE, BUTLER. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Mayor Reynolds leads the Pledge of Allegiance. 4. PUBLIC COMMENT: Marecello Barrios inquires as to the date of the Legacy hearing. There is not hearing regarding this matter scheduled to be heard tonight. Staff states that the sign on the Legacy site will be changed once the public hearing date has been established. Allen Funkhouse Drainage District No. 2 would like permission to give public comment on item 7B. Lt. Borgquist compliments the interaction between Staff, elected officials and his Deputies. The working relationship is great right now. Page 1 K-\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-22-12min.doc 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. Appointments to the Historic Preservation Commission Re-Appointment: Mayor Reynolds is requesting the re-appointment of Karianne Fallow to the Commission. Ms. Fallow will be serving a three (3)year term. (JDR) C. Appointment to the Eagle Arts Commission: Mayor Reynolds is requesting Council confirmation of the appointment of Linda Crouch to the Commission. Ms. Crouch will be serving a three (3)year term. (JDR) D. Minutes of May 8,2012. E. Noise Waiver Request: Mickey Ray's BBQ is requesting a noise waiver as allowed by Eagle City Code 4-9-6(D)to accommodate their Eagle Fun Days Celebration that will be taking place in the parking lot, located at 395 W. State St. Mickey Ray's is requesting that the waiver be extended to 11:00 p.m. on June 9, 2012. (TEO) F. Noise Waiver Request: McCarrell Enterprises dba: The Gathering Place is is requesting a noise waiver as allowed by Eagle City Code 4-9-6(D) to accommodate their Eagle Fun Days Beer Garden that will be taking place in the parking lot, located at 50 E. State St. Mr. McCarrel is requesting the waiver be extended to 2:00 a.m. on June 8 & 9, 2012. (TEO) G. Appeal of DR-30-12 - Roof change to the existing Seven Oaks Elementary School building — Meridian Joint School District No. 2: Meridian Joint School District No. 2, represented by Don Hutchison with Hutchison Smith Architects, is requesting design review approval to change the roof material from an asphalt shingle to a single ply roofing membrane. The site is located on the west side of North Seven Oaks Way approximately 480-feet north of Floating Feather Road at 1441 North Seven Oaks Way within Lexington Hills Subdivision. Note: Council member Butler has appealed this item for final review by the City Council. (WEV) Butler requests to pull item 5 G, Grasser pulls item 5F Semanko moves to approve the Amended Consent Agenda. Seconded by Grasser. Semanko: AYE: Grasser: AYE; Defayette: AYE; Butler: AYE;ALL AYES: MOTION CARRIES Butler moves to continue item 10A to the 1st meeting in June. Seconded by Grasser. ALL AYE...MOTION CARRIES. SF: Noise Waiver Request: McCarrell Enterprises dba: The Gathering Place is requesting a noise waiver as allowed by Eagle City Code 4-9-6(D)to accommodate their Eagle Fun Days Page 2 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-22-12min.doc Beer Garden that will be taking place in the parking lot, located at 50 E. State St. Mr. McCarrel is requesting the waiver be extended to 2:00 a.m. on June 8 &9, 2012. (TEO) Grasser states that last year a similar request was submitted and the Council chose to allow the noise ordinance be extended to midnight rather than 2 a.m. Last year the Council did not feel that 2:00 a.m. was appropriate for downtown and the disturbance it would cause to the nearby residents, and therefore it was extended until midnight. He would be more comfortable extending it to midnight again. Discussion. Bill McCarrel 1570 N. Snead Eagle, Idaho owner of The Gather Place. Mr. McCarrel states he does have a band playing both nights and as his business is located in more the Central Business area vs. Mickey Ray's which is closer to a residential area he does not feel the noise will negatively impact the neighbors. There are only a couple residences that are occupied within a 2 block area of his business. He would be okay with the band closing off at 1:00 a.m. Further discussion regarding the event and the potential cost vs profit of this type of event. Semanko moves to approve the noise waiver request for the 2 nights of Eagle Fun Days until 1:00 a.m.. Seconded by Defayette. THREE AYE...ONE NAY(GRASSER). ALL AYE...MOTION CARRIES. 5G. Appeal of DR-30-12 -Roof change to the existing Seven Oaks Elementary School building—Meridian Joint School District No.2: Meridian Joint School District No. 2, represented by Don Hutchison with Hutchison Smith Architects, is requesting design review approval to change the roof material from an asphalt shingle to a single ply roofing membrane. The site is located on the west side of North Seven Oaks Way approximately 480-feet north of Floating Feather Road at 1441 North Seven Oaks Way within Lexington Hills Subdivision. Butler explains his reason for appealing this to Council. Grasser states that he lives in Lexington Hills but does not live within 300' and does not feel he is biased one way or the other and can make an impartial decision. Don Hutchinson with Hutchinson Smith Architects, representing Meridian Joint School District No. 2. Mr. Hutchinson reviews the application. Zoning Administrator Vaughan reviews the process that this application has gone through and how it comes before Council tonight. Teri Sayer 2151 W. Forrest Hill Ct. with the Design Review Board discusses how the Board came to their decision. The final decision was to be made by Staff and one or two members of the Design Review Board. After reviewing the paint samples,they made the decision the Board thought best. Mark Larson representing the Lexington Hills architectural committee, and the Lexington Hills HOA. Mr. Larson displays some Google Earth images to illustrate the 28 homes that have a direct view of the school. Mr. Hutchinson discusses material and color options, as well as materials costs and construction costs. The contract has a deadline to meet as this is a year round school,the material must be ordered and installed so that it does not disrupt classes. Discussion amongst the Council. Defayette suggests that the applicant's representative and Lexington Hills HOA Architectural Committee meet tonight so that they can come back with a recommendation that both agree upon so that Council can take action tonight. Page 3 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-22-12min.doc So moved by Semanko. Seconded by Grasser. ALL AYE...MOTION CARRIES. 6. PROCLAMATIONS& RESOLUTIONS: A. Resolution 12-16: Adopting Historic Preservation Commission Bylaws: (LB) [est. 10 min.] Mayor Reynolds introduces the item. City Attorney, Susan Buxton asks that this matter be remanded back to staff so that it can be reviewed again. Butler comments on some changes he hopes will be addressed when it is revised by staff and the City Attorney. Defayette moves to be remanded back to staff. Seconded by Semanko. ALL AYE..MOTION CARRIES. B. Resolution 12-17: Resolution Of The City Of Eagle,Ada County Idaho Supplementing The Eagle Architecture And Sign Design Book With Additional Photos For Portable Signs; Providing A Severability Clause; And Providing An Effective Date.(WEV)[est. 15 min] Mayor Reynolds introduces the item. Butler reviews the item and the intent of the resolution. Discussion regarding sign design, materials, sign costs to business owners and approval process for portable signs. Butler will work re-work the resolution and bring it back at the next City Council meeting. Butler moves to continue this item to the June 12th meeting. Seconded by Grasser. ALL AYE...MOTION CARRIES. 7. UNFINISHED BUSINESS: A. Review of Greenbelt Access letter: (NS) This item was continued from the May 8, 2012 meeting. [est. 10 min.] Mayor Reynolds introduces the item. Semanko likes the Butler version. Defayette would like Idaho Parks and Recreation and Gary Segers with Citizens for Open Greenbelt copied on the letter. Semanko moves to approve the Butler version with the two cc's of Idaho Parks and Recreation and Gary Segers with Citizens for an Open Greenbelt. Seconded by Butler. ALL AYE...MOTION CARRIES. B. Building Permit Agreement for 2139 E. State Street—Manufactured Home Park— Randall Hoffer: Randall Hoffer is requesting City Council Consideration of an Agreement between the City and Randall Hoffer regarding the issuance of building permits for the Mobile Home/Manufactured Home Park located at 2139 E. State Street. The 1.47-acre site is located on the northwest corner of Parkinson Street and McGrath Road. (WEV) This item was continued from the May 8, 2012 meeting. [est. 30 min] Mayor Reynolds introduces the item. Butler discloses ex-parte contact that he had with Mr. Hoffer prior him(Butler)announcing that he was running for Council. Mr. Hoffer and he met to discuss the non-issuance of a building permit. He had different legal counsel then. Also, Mr. Hoffer,the Mayor and he went out a Page 4 K\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-22-12min.doc couple of months ago to look at the property,to get a feel for it. Butler wants to make sure that this interaction was disclosed. Buxton inquires if Butler was hired by Mr. Hoffer. Butler states no. Buxton asks if Butler gave any personal opinions as to the situation. Butler states a little - he had conveyed that back when he was on Staff with the City,that the Building Official handled it and that it was hands off for his Department when it came to trailer parks. The Building Officials position was that the State would take care of it. So back then that was how he and the Building Official handled it and that was what he expressed to Mr. Hoffer. Also he expressed that it was his opinion that if it was a legal non-conforming use,then he felt you should be able to replace trailers. Buxton inquires if Butler has formed an opinion based on his conversation with Mr. Hoffer. Butler states no, that he just had some general opinions that actually apply to any land use matter. That is the extent of the conversation. Butler was not paid by Mr. Hoffer. Butler states that he feels he can make an objective opinion and has no biased in favor or against Mr. Hoffer. Buxton does not feel that there is a conflict. Mayor Reynolds discloses contact with Mr. Hoffer. He, Mr. Butler and Mr. Hoffer met onsite. Discussed possibly installing a fence, and different ways to shield the site from noise from the street. No decisions nor suggestions were determined,just a variety of ideas that were tossed around. This interaction occurred last Fall. Buxton asks is Mayor Reynolds is biased either for or against Mr. Hoffer based on this interaction. The Mayor responds yes, and feels that he can be fair and objective should he have to break a tie. Buxton does not see a conflict. Wyatt Johnson, legal counsel for Mr. Hoffer has no objection. Butler discloses previous interaction with Mr. Johnson regarding The Rib Shack lawsuit. Again he states that he feels he can make an objective opinion and has no biased in favor or against Mr. Hoffer. Buxton does not feel that there is a conflict. Randall Hoffer, 3679 E. Shady Glen Boise, Idaho. He is seeking permits for mobile homes. He has 2 parks in the Eagle area. The Triangle Mobile Home Park(McGrath and Old State Street) and the other is the Scotty's Mobile Home Park(Dunyon, Parkinson and Elliot Street). Mr. Hoffer states that these 2 parks have been in use since 1966 or 1967 and have grandfathered rights. The park will continue to operate as it always has, however he would like to replace older homes with newer homes. Most occupants are single mothers and low income renters. Mr. Hoffer comments on the value of the land with the mobile home park as compared to the estimated value of the land if it were bare ground. Has owned Scotty's since 1997 and Triangle since 1998 or 1999. Discussion regarding the condition of the current site and existing trailers,the length of time the trailer park has existed, renters vs. owners, projected rent costs of old units vs. new units. The newer trailers will only be about 20 years old. General discussion. Wyatt Johnson, 3649 Lake Harbor Boise, ID representing Mr. Hoffer. He feels the non- conforming use issue is the crux of this matter. He cites Idaho Court cases regarding non- conforming uses and explains his clients' vested rights. City Attorney Buxton provides clarification and context to the court cases cited by Mr. Johnson and explains the challenges faced with this application and current city code. Allen Funkhouser 23229 Blessinger representing Drainage District No. 2. Drainage District 2 states that Scotty's Park has trailer houses that are sitting on the very ditch bank that are actually sitting on Drainage Districts easement. They are unable to get equipment in on this site to do Page 5 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-22-12min.doe maintenance on the ditch, and they have taken the issue to litigation and have won the case by default. Discussion. Chief Borgquist is asked to speak to any issues with this site including criminal activity and trash accumulation. General discussion. City Attorney Buxton advises that Mr. Johnson has just taken over this case today, and requests that the item be remanded so that the legal counsels can get together to discuss the case in more detail. Semanko moves to remand this item back to staff. Seconded by Grasser. Discussion. Semanko hopes that if this item does come back that some pictures of some of the other parks where there has been improvements that have been referenced can be provided so that Council can see them. Defayette would like to have the neighbors and perhaps tenants attend to provide comment when it comes back. Semanko hopes this does come back. There are many more up sides than down sides to replacing homes. Hopefully several homes will be replaced, not just one or two. The issue of the existence of the park is not an issue, but rather the park will be improved or not. Butler, if there is a legal right there,the park should continue. The trash issue drives him crazy and would like to see it cleaned up somehow. It is positive to have new trailers would be an improvement. Grasser would like to see some agreement to have the property maintained properly. Part of that burden is on Mr. Hoffer for the common area. ALL AYE...MOTION CARRIES. 8. PUBLIC HEARINGS: NONE 9. BUDGET DISCUSSION: Presentations by: A. Valley Regional Transit: Mark Carnopis, Community Relations Manager. Annual update and FY 2012-2013 budget request. (est. 20 min.) 5 MINUTE BREAK Council chooses to revisit item5G. 5G. Appeal of DR-30-12 -Roof change to the existing Seven Oaks Elementary School building—Meridian Joint School District No.2: Meridian Joint School District No. 2, represented by Don Hutchison with Hutchison Smith Architects, is requesting design review approval to change the roof material from an asphalt shingle to a single ply roofing membrane. The site is located on the west side of North Seven Oaks Way approximately 480-feet north of Floating Feather Road at 1441 North Seven Oaks Way within Lexington Hills Subdivision. Mark Larsen with the Lexington Hills Architectural review committee states that they have had a very good and frank discussion with the applicant. The full architectural committee will meet again on Thursday, and review the new samples that the applicant will be bring for them to consider. They still want asphalt shingles rather than the proposed membrane. City Attorney Buxton states that Idaho State Code does allow for the process to be expedited on behalf of school districts. Perhaps the Council could grant Zoning Administrator Vaughan with authority to give final approval if both the HOA and the applicant come to an agreement. Council discussion. Butler moves to remands this item to the Zoning Administrator to see if the Architectural Control Committee for Lexington Hills and the Meridian School District can come up with Page 6 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-22-12min.doc an agreement. If an agreement is not reached by Friday,the final decision of this Council is that it goes with the grey material originally approved by the Architectural Control Committeee. Seconded by Grasser. ALL AYE...MOTION CARRIES. 9A. Valley Regional Transit: Mark Carnopis, Community Relations Manager. Annual update and FY 2012-2013 budget request. (est. 20 min.) Mary Barker with Valley Regional Transits reviews statistics collected over the last year. VRT has adjusted their governance this last year that has streamlined their process. They now have a volunteer driver program, a travel training program, secured funding with ITD to establish a one call-one click system to relay all transportation options in an excellent relay of information. Ridership has remained steady,the Highway 44 route is up minimally, ADA standards have been upgraded at their stops, as well as benches and shelters have been added. Ms. Barker presents the budget request for fiscal year 2012-2013. They are asking for a 2.5% increase to offset the increase in gas prices. She agrees to provide ridership details that will sent over for Mayor and Council review. Discussion regarding Eagle riders, and bus capacity. B. Eagle Museum: Laurie Baker, Curator (est. 15 min.) Mayor Reynolds introduces the item. Laurie Baker reviews the improvements that have been done over the past 5 years. In 5 years the entire facility has been refurbished inside and out. A new floor plan with more display cases has been installed. A public access archive has grown from 0 to 585 files. Three fireproof cabinets now house local history files. Since 2007 attendance has increased by 40%. A total of 1,400 items have been catalogued over the last five years. There are 5 regular volunteers,that donate hundreds of hours of time to the museum. Baker reviews the upcoming Eagle Scout project that will appropriately preserve book materials and the file cabinet system that will book and cloth materials. Baker presents the proposed museum budget for fiscal year 2012-2013. The Museum would like to create a display highlighting the Cullen family, increase community outreach and education programs, and add a couple other display additions and improvements. Overall,they are reducing the monetary request for the museum by $2,000 less for Fiscal Year 12/13 vs.the current fiscal year. Discussion regarding museum hours. Public Works Director is asked to get costs for a monitor alarm system and fire alarm system. C. Eagle Historic Preservation Commission: Frank Thomason, Chairman (est. 20 min.) Mayor Reynolds introduces the item. Frank Thomason introduces the members of the Historic Preservation Commission that are in attendance. He reviews current activities of the Commission including sponsoring speakers at the Library, signage of local historic sites. . Page 7 K\COUNCILWIINUTES\Temporary Minutes Work Area\CC-05-22-12min.doc Frank Thomason presents the proposed budget for the Historic Preservation Commission for fiscal year 2012-2013. They are requesting an increase of$1,000. Discussion. 10. NEW BUSINESS: A. Communities in Motion 2040 Presentation/Discussion: (NBS) (est. 1 hour) Mayor Reynolds introduces the item. Continued to the June 12, 2012 meeting. See motion above. B. Wildfire Mitigation Project Grant(Ada-Eagle Sports Complex): (MJE) (est. 15 min.) Mayor Reynolds introduces the item. Public Works Director Echeita provides information to the Council regarding the grant. The grant would allow for wildfire mitigation for the Sports Complex and neighboring residents. He reviews the original application. Echeita states that the Parks and Pathways Committee were presented with the information on Tuesday. They are in support of the grant with a couple of conditions: if the overall design of the park is not impacted, and as long as we can turn down the grant if it doesn't meet our needs. Echeita states that the City is the only signature on the grant. West Valley Little League (WVLL)has said that they would be interested in participating with the Fire Department and everyone else. If the City did the grading and prep site,they would come in and build the fields. Echeita defers to Council member Defayette in regard to conversations she may have had with WVLL. Defayette states that she met with West Valley Little League and they do not have the kind of money to invest in the facility they want. They have less than $200,000. WVLL dream plan is about a$3 million plan. The dream plan needs to be put to bed,with a$3 million dollar plan that will never happen. It will not serve the community as quickly as we need to start serving the community. Defayette says that if the money comes in,then will need to be talk about how to effectively use it at the park. Discussion about cost, number of fields, grass installation and maintenance cost. Defayette makes a motion to direct Mike to do the work that he's got to do to re-apply for the grant and we move forward at that point. Seconded by Butler. Butler states that it was an estimate of$3 million to develop 32 acres according to Tom Kadias and Michelle,the President and Vice President of West Valley Little League. Butler was with Defayette when they met. He had gotten a cost breakdown for the 18 acre park that they are building in Star and it is at$600,000. That was discussed with Tom and Michelle, and feel that a lot of the costs came into play because you are not dealing with flat ground. There are a lot of grading issues, we aren't sure, but it seemed like it was a lot more expensive than dealing with flat ground. Echeita states that in the original grant it had phases: one phase to engineer it; and then one phase to grade it to get the land at the levels needed. It will have to tiered; even the original concept was baseball fields in one location and soccer in another. That was the original concept when Eagle got the original 85 acres from Ada County. We know the property needs to be graded and that is what the grant is basically going to do, by getting the ground and infrastructure ready to put whatever we want on top of it. If it is decided to put baseball fields and soccer, it has always Page 8 K:\COUNCIUMINUTES\Temporary Minutes Work Area\CC-05-22-I2min.doc been discussed to be tiered. Grasser: The grant potentially provides the funding to do that kind of grading? Echeita: yes. Defayette: But that is all.You still need $2.5 million more to come up with. Echeita: To get it to finished grade and sod and hydro seed. Discussion regarding the math behind the calculations. Echeita: We will get the ground ready, and then go into a partnership to build the fields, either baseball or soccer. Butler: According to Tom and Michelle, The Land Group put the construction costs together. Echeita: State there are others that disagree with the construction calculations. ALL AYE...MOTION CARRIES. C. Ordinance 670: An Ordinance of the City of Eagle, Ada County, Idaho, amending Title 3, Chapter 2A, Section 1, Title 3, Chapter 2A, Section 5(B), Title 3, Chapter 2B, Section 5(B), and Title 3, Chapter 2a, Section 6(A)Clarifying That A Retail Sale Of Beer And Wine For Consumption On The Premises Includes Off-Premises Consumption Pursuant To A Catering Permit; Providing A Severability Clause; And Providing An Effective Date. (est. 10 min.) Mayor Reynolds introduces the item. Butler states that he was contacted by the owner of a home occupation that wished to be allowed to pour alcohol off premises. Attorney Fitzer met with the owner of The Beer Guys and the result was this ordinance being drafted. City Attorney Buxton reviews the ordinance. Semanko I move, pursuant to Idaho Code 50-902,that the rule requiring ordinances to be read on three (3) different days with one(1) reading to be in full be dispensed with,and that Ordinance No.370 be considered after being read once by title only. An Ordinance of the City of Eagle,Ada County,Idaho,amending Title 3, Chapter 2A,Section 1,Title 3, Chapter 2A, Section 5(B),Title 3,Chapter 2B,Section 5(B),and Title 3,Chapter 2a, Section 6(A) Clarifying That A Retail Sale Of Beer And Wine For Consumption On The Premises Includes Off-Premises Consumption Pursuant To A Catering Permit; Providing A Severability Clause; And Providing An Effective Date. I move that Ordinance No. 670 be adopted. Seconded by Butler. ALL AYE...MOTION CARRIES. Butler moves to approve Ordinance 670. Seconded by Semanko. Butler AYE; Grasser AYE; Semanko AYE; Defayette AYE. MOTION CARRIES. 11. EXECUTIVE SESSION: A. I.C. 67-2345 (c) & (f)—Acquisition of Private Property and Pending or threatened litigation. Idaho Code § 67-2345. Executive sessions --When authorized. (1)An executive session at which members of the public are excluded may be held, but only for the purposes and only in the manner set forth in this section. The motion to go into executive session shall identify the specific subsections of this section that authorize the executive session. There shall be a roll call vote on the motion and the vote shall be recorded in the minutes. An executive session shall be authorized by a two-thirds(2/3)vote of the governing body. An executive session may be held: c) To conduct deliberations concerning labor negotiations or to acquire an interest in real property which is not owned by a public agency; (f)To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. The mere presence of legal counsel at an executive session does not satisfy this requirement; Page 9 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-22-12mia.doe Mayor Reynolds introduces the issue. Semanko moves to go into Executive Session in accordance with I.C. 67-2345(c) and (f) regarding M3 Water Rights. Seconded by Grasser. Semanko: AYE: Grasser: AYE; Defayette: AYE; Butler: AYE;ALL AYES: MOTION CARRIES .. Council goes into Executive Session at 10:08 p.m. Council discusses M3 Water Rights Litigation and acquisition of private property. Council leaves Executive Session at 10:58 p.m. Mayor's Report: Attended an Army CORPS meeting where they provided information about different flood events. MYAC held their last meeting last night. Public Works Director Report: After working with BAMBA and Council member Defaytette they came up with Alpine Bike Parks out of Whistler, British Columbia. Alpine is specialized at building bike parks. They have been dealing with erosion problems, and getting those addressed. Alpine should be here 3-5 days and should be able to solve 90+%of the erosion problems,that should have been done when the trails were originally installed. It's nice to have professionals working up there. Alpine Bike Park folks travel all over the world doing this type of work. The cost of the work is around $20,000—22, 000 which is in the Parks budget. Defayette states the other piece of the puzzle is signage, and there is money in the budget to get that done. Park of the problem is that people are breaking the rules, but no one knows what the rules are. Buxton states she is getting calls about dogs off leash from Stephanie Balzarini. Dog lease laws need to be addressed. Clerk's Report: Deputy Clerk Osborn inquires on behalf of the Chamber who would be attending the various Fun Days events and activities. 12. ADJOURNMENT: Butler moves to adjourn. Seconded by Semanko. ALL AYES: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 11:08 p.m. Respectfully submitted: s��""14",",,,, ,,o%° ® EA G ,•••, SHARON K. BERGMANN `- e CITY CLERK/TREASURER • •• I A ROVED: f„ •.oRPOR;.• Q' do, 11 4; ES D. REYNOL DS AYOR AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL UPON REQUEST. Page 10 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-22-12min.doc 17,290,2001 City of Eagle Primary Roll Assessment Notice Summary Tax District No. 15 As of 5/21/2012 2012 Total City of Eagle Market Value Homeowner's Exemption Total City of Eagle Taxable Value Exemptions (compared tc 2011 Residential Market Value Residential Parcel Count (residential includes farms & manufactured homes) Commercial Market Value Commercial Parcel Count Personal Property Personal Property Count TOTAL COMMERCIAL Operating Property (Last Years Value) Eagle Urban Renewal Residential (Including Manufactured) Residential Count Commercial (Including Remodels) Commercial Count • New Subs/Change Status Overall (Includes Value Decrease) Residential Improved Commercial Improved Mean Median Mean Median Residential Property Tax Burden Commercial Property Tax Burden (Operating Property & Sub Roll Included in calculation) Assessment Notice Mailing Date Number Mailed (preliminary) 2011 2,428,718,100 2,341,477,100 -463,140,415 1,965,577,685 40 003 300 Residential 2,018,217,400 9,987 Commercial 359,134,900 609 33,149,800 814 -491,507,532 1, 849, 969, 568 1,967,957,200 9,987 321,972,000 593 34,257,700 768 392.284,700 356,229.700 6521 18,216,0001 New Construction 32,703,220 122 3,344,000 5 15,216,400 38,988,820 20,113, 934 89 498,200 5 789,600 20,358,334 3/4.P-%//2- 5/21 /2012 % Change 2011-12 3.73% -5.77%1 6.25%I 2.55%� 0.00% 11.54%I 2.70% -3.23% 1 5.99%l 10.12%1 5.35% 62.59% 37.08% 571.22% 0.00% 1827.10% 91.51% (NCR does not include value from UR areas) Change Estimates 0.68% 0.00% -2.39% -1.65% Assessment Notices 1 5/26/2012 1 11,410 - 7.20% - 8.32% - 5.11% -5.31% 2011 78.40%l 21.60%I 5/27/20111 11,3481 1 City of Eagle Date Check No Payee 05/16/2012 7326 Ada County Sheriffs Office 05/16/2012 7327 Idaho Child Support Receipting 05/21/2012 7328 A Busy Bee Lock & Key Total 7328 05/21/2012 7329 A Tropical Paradise 05/21/2012 7330 Ada County Sheriff's Dept. 05/21/2012 7331 Analytical Laboratories, Inc. Total 7331 05/21/2012 7332 Baldwin & Associates, Inc. Total 7332 05/21/2012 7333 05/21/2012 7334 05/21/2012 7335 05/21/2012 7336 05/21/2012 7337 05/21/2012 7338 05/21/2012 7339 05/21/2012 7340 05/21/2012 7341 Total 7341 05/21/2012 05/21/2012 05/21/2012 05/21/2012 Total 7345 05/21/2012 Billing Document Specialists Boise Office Equipment Clearwire Corbin Maxey LLC Cox Mechanical De Lage Landen Financial Svc DigLine Doug Andrus Distributing Eagle Water Co. 7342 Garden City Chamber 7343 Goodman, Aaron & Misty 7344 Great Sky Estates HOA 7345 HD Supply Waterworks, Inc. 7346 Holladay Engineering Co. M = Manual Check, V = Void Check Check Register - Transparency Version Check Issue Date(s): 05/09/2012 - 05/21/2012 Seq GL Acct No GL Acct Title 1 60-0217-08-00 GARNISHMENTS 1 60-0217-08-00 GARNISHMENTS 1 15-0442-01-00 MAINTENANCE & REPAIR 1 15-0444-01-00 MAINTENANCE & REPAIR 1 15-0454-05-00 MTNC & RPR -EQUIP & STRUCTURES 15-0450-01-00 MAINTENANCE & REPAIR GROUNDS 01-0416-09-00 LAW ENFORCEMENT DEPARTMENT 60-0434-59-00 CHEMICALS & EQUIPMENT 60-0434-59-00 CHEMICALS & EQUIPMENT 01-0413-05-00 OFFICE EXPENSES 14-0413-05-00 OFFICE EXPENSES 01-0413-05-00 OFFICE EXPENSES 1 60-0434-47-00 1 01-0413-23-00 1 60-0434-19-00 1 06-0461-41-00 1 15-0442-01-00 1 01-0416-24-00 1 60-0434-44-00 1 60-0434-59-00 1 15-0441-06-00 1 01-0413-16-00 1 15-0446-06-00 1 15-0455-06-00 1 15-0448-06-00 1 15-0449-06-00 1 15-0449-06-00 1 15-0450-06-00 1 15-0452-06-00 1 15-0452-06-00 1 07-0462-52-00 1 15-0453-06-00 1 15-0455-06-00 1 15-0454-06-00 BILLING SERVICES MTNC-REPAIR/OFFICE EQUIP/FURN TELEPHONE & COMMUNICATIONS LIBRARY/DONATIONS-GRANTS-GIFTS MAINTENANCE & REPAIR EQUIPMENT LEASING CONTRACT SERVICES INSPECTIONS CHEMICALS & EQUIPMENT STREET LIGHTS -UTILITIES UTILITIES/NEW CITY HALL UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES MUSEUM UTILITIES UTILITIES UTILITIES UTILITIES 11-0422-01-00 PUBLIC RELATIONS 60-0220-00-00 WATER/SERVICE DEPOSITS 15-0416-04-00 EAST ENTRY WATER AGREEMENT 60-0438-08-00 CAPITAL METER SETS 60-0434-26-00 MISCELLANEOUS 60-0434-42-00 WATER/ENGINEERING 15-0472-02-00 MASTER PLAN -PARKS &PATHWAYS 01-0413-31-00 ENGINEERING FEE/DEVELOPER CHGS Page: 1 May 21, 2012 01:08pm Seq Amount Check Amount 410.24 410.24 125.00 125.00 643.90 60.00 65.00 768.90 768.90 2,916.00 2,916.00 112, 586.43 112, 588.4 3 60.00 15.00 75.00 75.00 78.32 65.94 70.81 215.07 215.07 853.09 853.09 34.99 34.99 45.29 45.29 275.00 275.00 430.48 430.48 1,107.64 1,107.64 63.82 63.82 269.50 269.50 10.07 34.32 68.01 38.69 61.89 429.05 91.26 25.98 53.80 54.53 8.25 97.25 12.87 396.77 1,382.74 1,382.74 15.00 75.00 579.87 5,200.00 1,415.36 6,615.36 260.00 195.00 710.00 15.00 75.00 579.87 6,615.36 City of Eagle Check Register - Transparency Version Page: 2 May 21, 2012 01:08pm Date Check No Total 7346 Payee 05/21/2012 7347 Home Depot Credit Services Total 7347 05/21/2012 7348 Ian Fitzpatrick 05/21/2012 7349 Idaho Chapter PRIMA Total 7349 05/21/2012 7350 Information Only Check 05/21/2012 7351 Idaho Power Co. -Processing Ctr Total 7351 05/21/2012 05/21/2012 05/21/2012 05/21/2012 7352 IIMC 7353 !meson, Jessica 7354 Johnson, Lisa 7355 K&T Maintenance M = Manual Check, V = Void Check Check Issue Date(s): 05/09/2012 - 05/21/2012 Seq GL Acct No GL Acct Title 01-0413-31-00 ENGINEERING FEE/DEVELOPER CHGS 01-0413-31-00 ENGINEERING FEE/DEVELOPER CHGS 01-0413-31-00 ENGINEERING FEE/DEVELOPER CHGS 01-0413-31-00 ENGINEERING FEE/DEVELOPER CHGS 01-0413-31-00 ENGINEERING FEE/DEVELOPER CHGS 15-0454-05-00 MTNC & RPR -EQUIP & STRUCTURES 15-0447-05-00 MTNC & RPR -EQUIP & STRUCTURE 60-0434-26-00 MISCELLANEOUS 60-0434-26-00 MISCELLANEOUS 60-0434-26-00 MISCELLANEOUS 15-0442-01-00 MAINTENANCE & REPAIR 01-0416-35-00 OPERATIONAL RESERVE 12-0413-12-00 PERSONNEL TRAINING 12-0413-12-00 PERSONNEL TRAINING 01-0202-00-00 1 15-0441-06-00 1 60-0434-60-00 1 60-0434-60-00 1 15-0454-06-00 1 15-0449-06-00 1 15-0455-06-00 1 60-0434-60-00 1 15-0453-06-00 2 07-0462-52-00 3 01-0413-16-00 4 15-0450-06-00 5 15-0448-06-00 6 15-0441-06-00 7 15-0454-06-00 8 15-0449-06-00 1 15-0441-06-00 1 15-0441-06-00 1 15-0441-06-00 1 15-0453-06-00 1 60-0434-60-00 STREET LIGHTS -UTILITIES POWER POWER UTILITIES UTILITIES UTILITIES POWER UTILITIES MUSEUM UTILITIES UTILITIES/NEW CITY HALL UTILITIES UTILITIES STREET LIGHTS -UTILITIES UTILITIES UTILITIES STREET LIGHTS -UTILITIES STREET LIGHTS -UTILITIES STREET LIGHTS -UTILITIES UTILITIES POWER 12-0413-14-00 PROFESSIONAL DUES 60-0220-00-00 WATER/SERVICE DEPOSITS 99-0107-00-00 CASH CLEARING -UTILITY BILLING 15-0443-03-00 CUSTORIAL SERVICES 15-0445-03-00 CUSTODIAL SERVICES 15-0444-03-00 CUSTODIAL SERVICES 15-0442-03-00 CUSTODIAL SERVICES Seq Amount Check Amount 450.00 1,452.50 2,397.50 60.00 3,270.00 8,795.00 8,795.00 21.82 23.96 7.48 1.87 13.87 90.06 159.06 159.06 467.50 467.50 35.00 35.00 70.00 70.00 9.20 713.43 630.58 16.80 61.41 10.75 492.75 6.27 78.81 427.18 46.75 17.03 1,572.70 16.72 5.25 4.45 5.25 91.78 14.07 899.96 5,121.14 5,121.14 75.00 75.00 75.00 75.00 44.31 44.31 1,070.75 40.00 450.00 1,111.75 2,672.50 City of Eagle Check Register - Transparency Version Page: 3 May 21, 2012 01:08pm Date Check No Total 7355 Payee 05/21/2012 7356 Kenneth Patten 05/21/2012 7357 Martin, Kathy 05/21/2012 7358 Meade, William K. 05/21/2012 7359 Melissa Nodzu Total 7359 05/21/2012 7360 National Benefit Services, LLC Total 7360 05/21/2012 7361 05/21/2012 7362 05/21/2012 7363 05/21/2012 7364 05/21/2012 7365 05/21/2012 7366 Total 7366 05/21/2012 7367 05/21/2012 7368 05/21/2012 7369 05/21/2012 7370 05/21/2012 7371 05/21/2012 7372 Total 7372 Totals: Plantation Tune Tech Republic Storage Robert Wayne White Steady Rush Sterling Codifiers, Inc. Summer Lawns Tree & Lawn Sweeney, Steve & Rosemary TVR Heating/Cooling Valley Times Vaughan, Bill Westem Heating & Air Willamette Dental Insurance M = Manual Check, V = Void Check Check Issue Date(s): 05/09/2012 - 05/21/2012 Seq GL Acct No GL Acct Title 14-0413-26-00 REIMBURSE-ANNEX/ZONING/DR FEES 60-0220-00-00 WATER/SERVICE DEPOSITS 99-0107-00-00 CASH CLEARING -UTILITY BILLING 09-0463-02-01 SAT MARKET MGR FEES 09-0463-02-01 SAT MARKET MGR FEES 1 13-0415-23-01 2 60-0433-23-01 3 14-0415-23-01 4 12-0415-23-01 5 07-0420-23-01 6 15-0433-23-01 7 06-0461-23-01 1 13-0417-01-00 1 01-0413-36-00 1 09-0463-02-00 1 09-0463-07-00 1 01-0413-28-00 1 15-0454-01-00 1 15-0442-02-00 2 50-0465-01-00 1 15-0447-01-00 1 15-0444-02-00 1 15-0449-01-00 1 15-0448-01-00 1 15-0450-01-00 1 99-0107-00-00 1 15-0444-01-00 1 14-0413-08-00 1 14-0422-01-00 1 13-0413-29-03 1 12-0217-07-00 2 06-0217-07-00 3 15-0217-07-00 4 14-0217-07-00 5 60-0217-07-00 COBRA ADMIN FEE COBRA ADMIN FEE COBRA ADMIN FEE COBRA ADMIN FEE COBRA ADMIN FEE COBRA ADMIN FEE COBRA ADMIN FEE MTNC-REPAIR VEHICLES STORAGE SHED RENTAL EAGLE SATURDAY MARKET EAGLE FUN DAYS RESOURCE MATERIALS MAINTENANCE & REPAIR GROUNDS MAINT & REPAIR GROUNDS CAPITAL EXPENDITURE TREES MAINTENANCE & REPAIR -GROUNDS MAINT & REPAIR GROUNDS MAINTENANCE & REPAIR GROUNDS MAINTENANCE & REPAIR GROUNDS MAINTENANCE & REPAIR GROUNDS CASH CLEARING -UTILITY BILLING MAINTENANCE & REPAIR LEGAL ADS & PUBLICATIONS PUBLIC RELATIONS MECHANICAL FEE REFUND CLERK DEPT HEALTH INSURANCE LIBRARY HEALTH INSURANCE PUBLIC WORKS HEALTH INSURANCE P&Z DEPT HEALTH INSURANCE WATER DEPT HEALTH INSURANCE Seq Amount Check Amount 2,672.50 500.00 75.00 27.29 663.00 598.00 1,261.00 6.00 8.00 8.00 6.00 2 00 2.00 18.00 50.00 500.00 75.00 27.29 1,261.00 50.00 594.79 594.79 94.00 94.00 150.00 150.00 800.00 800.00 1,107.00 1,107.00 644.45 3,050.30 350.00 450.00 2,400.00 1,000.00 650.00 400.00 8,944.75 8,944.75 30.00 30.00 370.00 370.00 82.56 82.56 52.14 52.14 67.00 67.00 41.17 82.62 73.53 130.86 91.71 419.89 419.89 160, 949.35 160, 949.35 City of Eagle Check Register - Transparency Version Page: 4 May 21, 2012 01:08pm Check Issue Date(s): 05/09/2012 - 05/21/2012 Date Check No Payee Seq GL Acct No GL Acct Title Seq Amount Check Amount Dated: Mayor: City Council: M = Manual Check, V = Void Check