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Minutes - 2013 - City Council - 04/23/2013 - Regular EAGLE CITY COUNCIL Minutes April 23,2013 PRE-COUNCIL AGENDA: 5:30 p.m.-6:30 p.m. 1. Presentation of Certificate of Appreciation to Chuck Fergusson for his years of service on the Eagle Parks and Pathways Commission. Mayor Reynolds presents Chuck Fergusson a Certificate of Appreciation for his service on the Parks& Pathway Commission and a Gift Certificate. Mayor provides an overview of Chuck's service to the City and how much the Parks and Trails have benefited from his years of service. 2. Historic Preservation Commission: Monthly Report. Frank Thomason, Chairman of the HPC, on Wednesday, May 22 at 6:15 p.m. the HPC is planning two events at the Library in the Community Room. This is a special day for Eagle History with the presentation of Exploring Early Eagle with Sheri Sharp and Ron Marshall. General discussion. 3. Ada County Sheriff's Office—Monthly report: Chief Borgquist displays the monthly report and discusses the same. Introduces Angie McBride who is their new Admin Assistant. 4. Republic Services Recycling Pilot Program: Rachelle Klein discusses the new grass recycling program which would be picked up weekly and it would be used for cattle feed. The cost is $7.95 a month for the cart and the program. If you have a large cart which use for grass you could get a small cart for trash and the grass cart for about the same monthly cost. This is a pilot program for Eagle, Meridian and Boise. This would be a subscription service; residents would need to request the service. There would be a June 1st launch date. We would send out a mailer and do radio advertisement. General discussion. 5. Mayor and Council Reports: Pierce: No Report Grasser:No Report Defayette: No Report Butler: No Report Mayor: Provides an update on the EEZ Street office. There will be a soft opening on May 15t''. 6. City Hall Department Supervisor Reports: P&R Director Aho: No Report Building Official Nash: Provides Council a comparison between last year and this year in new home building permits. We are exceeding 2011 and 2012 in new home permits. If it stays to the trend we will have a busy May through August. We are updating our Mechanical and Plumbing fees. The scale will match what the State is doing. We are in the process of scheduling the public hearing and will get the publication done. We have finalized the St. Jude home in Eagle and they have started their ticket sales. General discussion. P&Z Director Vaughan: Discusses a letter received from Mark Priddy and we will discuss this later in the Agenda. We have been discussed the growth between the departments and all of the departments are very busy. Provides a comparison between previous years and this year. We are almost processing what we did back in 2009. We are in the middle of processing all of the M3 Page 1 K.\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-04-23-13min.doc applications which will be coming before the PZ this year. Discusses the Zoning Amendment Ordinance that will be coming up. City Clerk/Treasurer Bergmann: Discussion on scheduling Budget Hearings. Clerk will do a draft schedule and send to Council for comment. I have provided you the Financial Report for October-March. We are 6 months into the fiscal year and everything is looking good. 7. 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 6:35 p.m. 2. ROLL CALL: GRASSER,DEFAYETTE, BUTLER, PIERCE. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Mayor Reynolds leads the Pledge of Allegiance. City Attorney Buxton: I would ask the Council to amend the Agenda pursuant to Idaho Code Title 67 Chapter 23. There is an asterisk next 6B. I will give you more of a report later in the Agenda as Item #6B. So moved by Grasser. Seconded by Butler. ALL AYES: MOTION CARRIES 4. PUBLIC COMMENT: Patricia Minkiewicz,Deerfield Court, I sent you an email recently about a photo on line. Region III Economic Development and it has a picture of the eye sore in Eagle, did any of you check into why that photo has to be on? Council Member Defayette responds that she wrote an email to them and I have been invited to submit a new photo. A photo of City Hall will be sent. 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. Minutes of April 2,2013. C. Minutes of April 9,2013. D. Minutes of April 10,2013. E. Arbor Day Proclamation: A Proclamation for the City of Eagle designating April 27, 2013 as Arbor Day in the City of Eagle.(MA) Butler moves to approve the Consent Agenda,Items#A through#E. Seconded by Grasser. Grasser: AYE; Defayette: AYE; Butler: AYE: Pierce: AYE; ALL AYES: MOTION CARRIES Page 2 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-04-23-13min.dor 6. UNFINISHED BUSINESS: A. Discussion of Liaison Assignments: Arts Commission&F.A.C.T.S. (MD) Mayor introduces the issue. Defayette: Discussion on a Liaison for the Arts Commission&F.A.C.T.S. The City Clerk will contact Linda Butler the Arts Commission Chairman to find out if a Council Liaison would be beneficial. Mike Aho is on the Board and a member from the Parks& Pathway Committee are representatives on F.A.C.T.S. Mike feels there is adequate representation. B. RZ-11-08 MOD and PP-05-12 - Revnard Subdivision - Foxtail Partners, LLC.: Foxtail Partners, LLC, is requesting a development agreement modification and preliminary plat approval for Reynard Subdivision a 241-lot (206 buildable, 2 commercial, and 33 common) subdivision. The 80.02-acre site is generally located on the north side of West Chinden Boulevard (Highway 20-26) approximately 340-feet west of the intersection of North Fox Run Avenue and West Chinden Boulevard (Highway 20-26) at 990 West Chinden Boulevard (Highway EB) Mayor introduces the issue. City Attorney Buxton: This matter came before you last week; you held a public hearing on Reynard Subdivision/Foxtail, a motion was made to approve the application and have a stub street go across the development. In this 2 week period Mike Williams and I have worked over 10 hours working with different parties to come up with a better option. At this point we have hit an impasse. This doesn't change the motion or the findings. We will have the final Findings in your next packet for the first meeting in May. We have not been successful on having a meeting of the minds. General discussion on a concept plan of the road. Bill Brownlee, M3 Companies, we provided on April 12th a letter that laid out 3 alternatives. On April 12th we sent in a letter that laid out 7 proposed stipulations for this. Discusses the proposed 7 stipulations and if you would like to see I can show you the 3 alternatives. During the mediation we developed a 4th alternative that we provided and there was a subsequent meeting. Discussion on the mediation. Council general discussion on the Council's previous motion on this matter and whether or not another public hearing should be held. City Attorney Buxton: In my opinion you do not need another public hearing. Discusses the alternatives and the meetings/mediation. Everybody worked very hard and it just did not work out. Further discussion on concept plans. Butler moves to continue this item to May 14,2013. Seconded by Grasser. Discussion. ALL AYES: MOTION CARRIES 7. PUBLIC HEARINGS: Mayor: Does anyone on Council have any exparte contact to declare? None Mayor: Does anyone on Council have any potential or actual conflict of interest? None Page 3 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-04-23-13min.doc A. A-04-12/RZ-06-12/PPUD-03-12/CU-05-12/PP-07-12—HCR/Level 3 Subdivision-Home Capital Resources LLC: Home Capital Resources LLC, represented by Mike Dixon, is requesting a rezone from RUT(Rural-Urban Transition—Ada County designation)to R-4-DA-P (Residential up to four units per acre with a development agreement PUD), conditional use, preliminary development plan, preliminary plat approvals for HCR/Level 3 Subdivision a 56-lot (44 buildable and 12 common)residential subdivision. (WEV) Mayor introduces the issue. Jason Densmer, The Land Group, provides the Council an overview of the project and the applications. Butler: I just remembered that a Mr. Dixon called me and I can't remember what we talked about. Mr. Dixon: We discussed the building I purchased next to Walgreens,that was our conversation which had nothing to do with this application. Jason Densmer continues with his presentation. General discussion. Zoning Administrator Vaughan: The Planning and Zoning Commission and Staff have made a recommendation of approval. Provides Council an overview of the project and the application. General discussion. Mayor opens the Public Hearing Patricia Minkiewicz: Does this drawing take into account that State Street will be widen in the future? Jason Densmer: ITD did review their records and plans for State Street and did determine that the existing right-of-way would accommodate their future widening needs so we were not asked to dedicate additional right-a-way for that specific purpose. General discussion. Discussion on transitioning with the Orchards Project. General discussion. Mayor closes the Public Hearing Butler moves to approve A-04-12/RZ-06-12/PPUD-03-12/CU-05-12/PP-07-12 this development with the Site Specific Conditions of Approval from the Planning& Zoning Commission with some news added: Item# 18 be that the applicant comply with the geotechnical report provided by Bob Arnold,the recommendations therein as may be recommended by our City Engineer; new#19 be provided that says the applicant shall work the City's Design Review Board to attempt to accomplish some sort of landscaping or landscaping and low solid wall in combination to limit the conflict between the headlights from vehicles heading West bound on Old Valley Road and vehicles heading East bound on State Hwy 44; and that Condition#7 be modified so that multistory buildings shall have a 2.5 ft. per story set back versus a 5 ft. per story as stated in the conditions,with all of the Standard Conditions of Approval. Seconded by Defayette. Discussion. ALL AYES: MOTION CARRIES 8. NEW BUSINESS: A. Rembrandt's Order to Show Cause: (WEV) Mayor introduces the issue. Defayette: I have had exparte contact with the Priddys, I'm good friend with Mark and he called to ask my advice on how to manage this and I told him I thought it was better that they came personally and spoke to the Council one on one versus trying to go through staff. Page 4 K\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-04-23-13min.doc Discussion on whether or not this is an exparte contact item. Butler: I have had exparte contact with Shari Sharp,Linda Butler, Bill McCarrol and other residents who have complained and I have talked to Mark Priddy and spoke to Bill Vaughan about it. I have spoken to the Mayor and Council Member Defayette. Ed Priddy, Mark is the owner of Rembrandt's and I am here in his behalf since he could not be here tonight. Distributes a letter to the Council and reads the letter into the record. General discussion. Council confirms that a scrubber would be designed in 60 days either a new leased facility or the existing facility. The roasting would be completely moved to the new leased facility. B. Agreement between the City of Eagle and Summer Lawns to provide landscape maintenance services to the lot located on the south west corner of Eagle Road and State Street(commonly referred to as the Goldman Property): (MLB) Mayor introduces the issue. Butler: The URA approved an improvement at the corner and I think the City should take over this maintenance. P&R Director Aho: I would like to use Summer Lawns for this but have the ability to use community service personnel as they become available. Butler moves to direct our Park& Rec Director to spend up to a maximum of$560.00 for this year's contract with Summer Lawns and to utilize as much volunteer help as possible to keep the cost low. Seconded by Grasser. Discussion. Grasser: AYE; Defayette: ALL AYES: MOTION CARRIES C. Data Room Venting: (SKB) Mayor introduces the issue. P&R Director Aho: Discusses the issues with server room. It is presently being cooled by a home unit, displays a picture of the unit. The Data Room should not be cooled by a home unit. This is something that needs to happen to cool this room. General discussion. Defayette moves to approve up to$6,500.00 for an air conditioning unit for our data room. Grasser: AYE; Defayette: ALL AYES: MOTION CARRIES D. Discussion of overtime and staffing needs for remainder of FY 2013: (SKB, WEV, MA, SN) Mayor introduces the issue. P&Z Director Vaughan: Discusses the need for additional staffing and allowing staff members overtime for this fiscal year. The overtime would be 8 hours a month for 4 clerks and 10 hours a month for Dave Rixou in facilities. The total for the overtime for 5 months would be $8,500.00. Discussion for the need of additional help in parks, facilities, water and planning and zoning. The cost for this could be approximately$126,500.00. The Department Heads are in agreement that the work load will increase next fiscal year. General discussion. Defayette moves to continue this matter to the May 14,2013 meeting and polish up the numbers and have a budget where there is money available and talk about the facilities position. Seconded by Butler. Butler: would this be a good amendment to your motion: basically what is available for what our staff has recommended. Maker of the Motion Page 5 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-04-23-13min.doc agrees to add the Amendment. Second concurs. ALL AYES: MOTION CARRIES E. Discussion of downtown parking limits: (MD) Mayor introduces the issue. Defayette discusses the abuses that have come up with employees parking downtown for hours and hours, and company cars and trucks. It is affecting the visibility and also the businesses need the turnover in parking. I would like to talk about putting in 2 hour limit parking on the street. General discussion. Butler moves that one of our staff assigned by the Mayor work with ACHD to come up with a plan to show where it would be appropriate for two maximum hour parking signs placed on the streets in our downtown core and present this to the Council in the next two weeks if it can be worked out. Seconded by Defayette. Chief Borgquist has volunteered to come up with a parking plan for downtown that will be presented at our next meeting. ALL AYES: MOTION CARRIES. 9. ADJOURNMENT: Butler moves to adjourn. Seconded by Defayette. ALL AYES: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 8:25 p.m. Respectfully submitted: A 4 SHARON K. BERGMANN CITY CLERK/TREASURER .. 1, "">k '•••�\• z. • • PPROVED: ",•..1 ., **** O I ,C. ; e� � *******.****** AMES D. REYNO f►S MAYOR AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL UPON REQUEST. Page 6 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-04-23-I3min.doe EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP A-04-12/RZ-06-12/PPUD-03-12/CU-05-12/PP-07-12 — HCR/Level 3 Subdivision - Home Capital Resources LLC April 23, 2013 TESTIFY PRO/ CON or NAME ADDRESS YES/NO NEUTRAL RerrLi>rand��Coffee/ g ouoe/ P.O. 'acne/16W Ea.cjiei, I'D 83616 April 23, 2013 City of Eagle 660 East Civic Lane Eagle, Idaho 83616 To Whom It May Concern: Cc, 64-,q.3—/3 RECEIVED & FILED CITY OF EAGLE APR 2 3 2013 1 Fi;e: I Rout_ to' Rembrandts Coffee House is informed of the city's request to limit the coffee aroma that is a by-product of its restaurant business which includes roasting coffee as a central part of the business enterprise. We are and have been proactive to resolve the issue and have proceeded to do so in two phases. Phase 1. Rembrandts Coffee House hired a professional engineering firm to assess whether we were in compliance with DEQ's and EPA's air quality standards. The engineering firm conducted a thorough air quality analysis and determined Rembrandts' coffee roasting business is in compliance with current DEQ and EPA air quality standards and poses no hazard to the public. (Please see attached for your review). Phase 2. Rembrandts Coffee House has reached out to industry experts for a solution to the roasting aroma and has come to the following conclusion. The best solution to reduce the aroma is an after-bumer/scrubber. We are in the process of contracting with an outside firm to manufacturer a scrubber specifically for the roaster Rembrandts currently uses. It will take approximately 60 days to manufacturer and install the afterburner/scrubber. Due to the growth of our business, Rembrandts is also in the process of moving its coffee roasting location to another site within the city of Eagle and plans on adding approximately 10-20 new employees over the next year. We have enjoyed a long-standing and excellent relationship with the residents and community of the city Eagle and plan on keeping our business here locally. Once we have negotiated the terms of our new location we will apprise the city staff and begin the process required by the city to commence business at the new location. We will have the after-burner/scrubber installed at the new location within 60 days. If for some reason we are unable to move to our new location, we will install the afterburner/scrubber at the current Rembrandts location. We appreciate the council's and staff's patience and support as we continue to grow our company and expand the much needed business presence within our city. Best Regards, Mark Priddy President/Owner Rembrandts Coffee House 208 -955 -7601 -office 208 -955 -7631 -fax A Nauve American Indian Owned Company (a) CER1iI ItU GSA February 5, 2013 Linda Holloway Rembrandt's Coffee House and Cafe, LIC PO Box 1640 Eagle, Idaho 83616 Re: Exemption from Idaho's Permit to Construct Requirements for Rembrandt's Coffee House, 93 S. Eagle Road, Eagle, Idaho (DEQ Facility ID #001-00298) Dear Ms. Holloway. In response to your request, we have reviewed information regarding coffee roasting operations at Rembrandt's Coffee House at 93 S. Eagle Road in Eagle, Idaho. We understand this facility roasts coffee beans and operates a cafe. Air emissions associated with coffee roasting operations were compared to Idaho regulatory standards. Our analysis indicates that coffee roasting operations at the facility qualify for a Category I exemption from air emission permitting requirements. This letter provides details regarding our analysis. Although no toxic emissions related to coffee roasting were identified, small amounts of chemicals regulated as toxic air pollutants are associated with natural gas combustion used to provide heat for the roasting process. We understand that the Idaho Department of Environmental Quality (DEQ) has requested submittal of this Air Permit Exemption Determination and a Toxic Air Pollutant Exemption Report, the latter apparently to address the natural gas combustion products. An Exemption Report for calendar year 2012 is included as Appendix 1. Please note this Exemption Report must be certified by a suitable representative of Rembrandt's Coffee House prior to submittal to DEQ. For a corporation, Idaho regulations require this certification be made by a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function'. The enclosed Exemption Report should be signed and forwarded to DEQ. A completed DEQ form Exemption Form EXPT is included as Appendix 2. This form should also be signed by a responsible official (as above) and forwarded to DEQ. Details regarding the coffee roaster used at the facility are provided in Appendix 3. The following discussion reviews regulatory requirements and provides information regarding the facility relevant to these requirements. Applicable Requirements General Exemption Criteria (1DAPA 58.01.01.220.01) Rembrandt's Coffee House has a maximum potential to emit regulated air pollutants that is less than 100 tons per year. This facility is not a major facility as defined IDAPA 58.01.01.008.10. Records Retention (IDAPA 58.01.01.220.02) Rembrandt's Coffee House must maintain documentation on site which identifies the exemption determined to apply to the source and verifies that the source qualifies for this IDAPA 58.01.01.006.99.a Rembrandt's Coffee House February 5, 2013 Page 2 exemption. This letter is suitable to address this requirement. This exemption determination must be maintained at the facility as long as roasting operations continue and for at least 5 years following conclusion of these operations, if they are ended. This exemption determination must be provided to DEQ upon their request. Category I Exemption (IDAPA 58.01.01.221) Our analysis indicates that Rembrandt's Coffee House qualifies for a Category Y exemption from Permit to Construct requirements. The basis for this determination is as follows: Below Regulatory Concern (IDAPA 58.01.01.221.01) The coffee roasting operations at Rembrandt's Coffee House, without any emission control equipment or operational limitations, are considered Below Regulatory Concem (BRC) in that the maximum capacity to emit air pollutants is less than ten percent (10%) of the significant emission rates set out in the definition of significant in IDAPA 58.01.01.006.106. Calculations establishing the maximum potential to emit criteria pollutants based on a maximum green (unroasted) coffee bean throughput of 10,000 pounds per day are included in Appendix 4. These calculations utilized emission data developed by the US Environmental Protection Agency2. The assumed maximum coffee throughput is greater than current actual throughput at the facility in order to allow for potential future expansion. Radionuclides (IDAPA 58.01.01.221.02) Our review of the EPA AP 42 emission data referenced above indicates that emissions of radionuclides are not associated with coffee roasting operations. Therefore, roasting operations at Rembrandt's Coffee House are not expected to exceed, or even approach, the regulatory limit of one percent (I%) of the applicable radionuclides standard in 40 CFR Part 61, Subpart H. Toxic Air Pollutants (IDAPA 58.01.01.221.03) Coffee roasting operations at Rembrandt's Coffee House are expected to comply with IDAPA 58.01.01.223. Details regarding these requirements and Toxic Air Pollutant (TAP) emissions are provided below. Mercury (IDAPA 58.01.01.221.04) Our review of the EPA AP 42 emission data referenced above indicates that emissions of mercury are not associated with coffee roasting operations. Therefore, roasting operations at Rembrandt's Coffee House are not expected to exceed, or even approach, the regulatory limit of twenty-five (25) pounds per year of mercury. Toxic Air Pollutant - Below Regulatory Concern (BRC) Exemption (IDAPA 58.01.01.223.01) Our review of the EPA AP 42 emission data referenced above indicates that emissions of TAPs were not identified by EPA as being associated with coffee roasting operations. However, small amounts of chemicals regulated as TAPs are associated with natural gas combustion used to provide heat for the roasting process. Maximum potential emissions were calculated based on emission factors for natural gas combustion contained in AP 42 Chapter 1.4 Natural Gas Combustion and assumed continuous operation of the coffee roaster 24 hours per day, 365 days per year, at its maximum rated heat output (66,000 BTU/hour). Results of these calculations, presented in Appendix 4, indicate that the uncontrolled potential to emit (PTE) for all TAPs listed in AP 42 are less than ten percent (10%) of applicable screening ZAP 42, Fifth Edition, Compilation of Air Pollutant Emission Factors, Volume 1: Stationary Point and Area Sources, Chapter 9.13.2 - Coffee Roasting and Chapter 1.4 - Natural Gas Combustion (http://www.epa.gov/ttn/chief/ap42/) Rembrandt's Coffee House February 5, 2013 Page 3 emission levels listed in IDAPA 58.01.01.585 and 586. Therefore, the facility appears to qualify for a BRC exemption for TAPs. As with our analysis of criteria pollutant PTEs, the assumed rate of operation is greater than current actual operations in order to allow for potential future expansion. Annual Report for Toxic Air Pollutant Exemption (IDAPA 58.01.01.223.05) Because the facility qualifies for a BRC exemption for TAPs, submittal of annual Toxic Air Pollutant Exemption Reports is not required. Idaho regulations require these reports only for Level I, II, or III exemptions. However, in a letter dated January 8, 2013, DEQ requested submittal of a Toxic Air Pollutant Exemption Report for 2012. This report is included as Appendix 1. Conclusion Our analysis indicates that Rembrandt's Coffee House qualifies for a Category I exemption from Permit to Construct requirements and a BRC exemption for TAPs. This exemption determination must be maintained at the facility as long as roasting operations continue and for at least 5 years following conclusion of these operations, if they are ended. This exemption determination must be provided to DEQ upon their request. Submittal of annual Toxic Air Pollutant Exemption Reports is not required by Idaho regulations. However, submittal of a Toxic Air Pollutant Exemption Report for 2012 was requested by DEQ. We recommend this exemption determination and the accompanying Toxic Air Pollutant Exemption Report for 2012 be submitted to DEQ in compliance with their request. We recommend that clarification be requested from DEQ regarding the need for future Toxic Air Pollutant Exemption Reports. We appreciate the opportunity to provide consulting services leading to this exemption determination. If you require additional information or have questions regarding information contained in this report, please contact the u � ersigned at (208) 345-8292. Sincerely, Chris Lammer, Chemical Engineer ATTACHMENTS Appendix 1 — Toxic Air Pollutant Exemption Report for 2012 Appendix 2 — DEQ form Exemption Form EXPT Appendix 3 — Coffee Roasting Equipment Details Appendix 4 — Calculations Appendix Toxic Air Pollutant Exemption Report for 2012 IG R 0 U. ..R A Native American Indian Owned Company 8(a) CEFIliF,EC GSA February 5, 2013 DEQ Boise Regional Office 1445 N. Orchard Street Boise, ID 83706 Attn: Thomas W. Krinke Re: 2012 Toxic Air Pollutant Exemption Report, Rembrandt's Coffee House, 93 S. Eagle Road, Eagle, Idaho (DEQ Facility ID #001-00298) Dear Mr. Krinke, On behalf of our client, Rembrandt's Coffee House and Cafe, LLC, E W Wells Group has prepared this Toxic Air Pollutant (TAP) Exemption Report for calendar year 2012. We have also prepared an analysis indicating that coffee roasting operations at the facility qualify for a Category X exemption from air emission permitting requirements. We have recommended that this exemption determination be submitted along with this Exemption Report. As detailed in the exemption determination, the maximum potential to emit TAPs from the facility appear to be less than 10% of screening levels in IDAPA 58,01.01.585 and 586. Therefore, the facility appears to qualify for a BRC exemption for TAPs as described in IDAPA 58.01.01.223.01. Construction of the coffee roaster at the facility was initiated during October 2009. It is our understanding that, because the facility is BRC for TAPs, submittal of additional annual Toxic Air Pollutant Exemption Reports is not required by Idaho regulations. If this is not correct, please advise both us and our client so the appropriate reports can be submitted in the future. If you require additional information or have questions regarding this report, please contact the undersigned at (208) 345-8292. Sincerely, Chris Lammer, P Chemical Engineer Certification In accordance with IDAPA 58.01.01.123. the undersigned certifies that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete. Remora offee House and Cafe, LLC Appendix 2 -- DEQ Exemption Form RXPT DEQ AIR QUALITY PROGRAM 1410 N. Hilton, Boise, ID 83706 For assistance, call the Air Permit Hotline — 1-877-5PERMIT Exemption Form EXPT Revision 3 11120/2012 This form is for facilities desiring an exemption from the requirement to obtain a permit to construct for certain sources. The Rules for the Control of Air Pollution in Idaho (IDAPA 58 01.01,220 through 223) allow for owners or operators to exempt certain sources from the requirement to obtain a permit to construct. This form is a tool to assist facilities in preparing and maintaining their exemption documentation in support of a PTC exemption. A PTC exemption does not release the owner or operator from compliance with all other applicable federal (e.g., NSPS, Tier I operating permit), state, or local laws, regulations, permits, or ordinances. This form is for one project, which may include several emission units. The emission unit(s) cannot be exempted separately. For each box in the form below, CTRL -+-click' on the blue underlined text for instructions and information. IDENTIFICATION 1. Company Rembrandt's Coffee House, Name: LLC 2. Facility Name: Rembrandt's Coffee House 3. Facility ID No.: 001- 00298 4. Brief Proiect Coffee roasting. Maximum coffee throughput will not exceed 10,000 pounds of green (unroasted) Description: beans per day. Roasting operations may be continuous 24 hours per day, 365 days per year. 5. Facility Information GENERAL INFORMATION`. Name of facility contact person: Linda Holloway Telephone and email for facility contact person: 208-955-7601, Iholloway@jcllc.cont Facility location: 93 S. Eagle Road, Eagle, Idaho 6. Complete Protect Provide a complete description and specification of equipment and activity being Description exempted in a separate sheet(s). 7. Dates Date of exemption determination: 2/5/2013 Date of construction commencement (estimated/actual). October 2009 8. For each regulated air pollutant, are the uncontrolled ❑ Yes ® No emissions or uncontrolled emissions increase of the Proiect/source greater than or equal to 100 tons per If yes, the project/source cannot be exempted. year? Please attach supportina documentation. 9. Is the facility a major facilitvlmaior stationary D Yes No source? Please attach supporting documentation. If yes, continue with question #10. 10. For each regulated air pollutant, is the emissions increase of the project/source greater than or equal to the significant emissions rate? Please attach supporting documentation. If no, skip question #10 and go to question #11. ❑ Yes ❑ No If yes, the project/source cannot be exempted. Place your cursor over the blue underlined number or text, then click while holding down the Ctrl key. Page 1 11. Is the source part of a proposed new major facility/maior stationary source or part of a proposed maior modification? ❑ Yes ® No If yes, the projecUsource cannot be exempted. CATEGORY II EXEMPTION 12. Does project/source qualify for exemption in accordance with IDAPA 58.01.01.222 (not including IDAPA 58.01.01.222.01.a and e)? 13. Does the project/source qualify for exemption in accordance with IDAPA 58.01.01.222.01.a? 13a. This question only applies to Department of Energy (DOE) facilities: are the emissions of radionuclides Tess than 1% of the applicable standard? Please attach supporting documentation. '14. Does the project/source qualify for exemption in accordance with IDAPA 58.01.01.222.01.e? ❑ Yes. Cite the applicable rules: Then go to question #22. ® No ❑ Yes ® No. If no, go to question #14. ❑ Yes. 1f yes, go to question #17. ❑ No. If no, the projecUsource cannot be exempted. ❑ N/A. If N/A, go to question #17. ❑ Yes ® No. If no• go to question #15 14a. Are the emissions of radionuclides less than 1% of ❑ Yes 1 the applicable standard? Please attach supporting ❑ No If no, the project/source cannot be exempted ! documentation. ❑ N/A 14b. Will the exemption for a pilot plant terminate one ❑ Yes If yes, go to question #17. year after the commencement of operations and not ❑ No. If no, go to question #15. be renewed? ❑ N/A. If N/A, go to question #17. CATEGORYIEXEMPTION .15. Are the controlled emissions below regulatory concern? Please attach supporting documentation. ® Yes ❑ No. If no, the project/source cannot be exempted. 16. Are the emissions of radionuclides less than 1% of ® Yes the applicable standard? Please attach supporting ❑ No. If no, the projecUsource cannot be exempted. documentation. ❑ N/A 17. Does the source have potential emissions that are ® Yes less than twenty-five (25) pounds per year of ❑ No. If no, the project/source cannot be exempted. mercury? ❑ N/A TAP EXEMPTION 18. Does the source emit a toxic air pollutant(s) (TAP)? ® Yes 0 No. If no, go to question #23. :19. Is the increase in the uncontrolled emissions rate of © Yes, If yes, go to question #23. TAP of the project/source below regulatory concern ❑ No of TAP? Please attach supporting documentation. 20. Is the increase in the uncontrolled emissions rate of ❑ Yes, If yes. go to question #22. TAP of the project/source less than or equal to all emissions levels ? Please attach supporting ❑ No documentation. 21. Is the uncontrolled ambient concentration of TAP of ❑ Yes. If yes, go to question #22. the project/source less than or equal to all acceptable ambient concentrations (AACs and/or AACCs)? Please attach supporting documentation. 22. Has a Toxic Air Pollutant Exemption Report been submitted? Page 2 ❑ No If no. the project/source cannot be exempted. ❑ Yes ❑ No 23. Are the records that identify and verify the exemption maintained on-site? ® Yes Exemption Form EXPT ❑ No If yes, the project can be exempted. CERTIFICATION In accordance with IDAPA 58.01.01.123 (Rules for the Control of Air Pollution In Idaho), I certify based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete. 24. Responsible Official's Name and Title 25. Responsible Official's Signature ());)0,604 17 Page 3 (c -41606 /SHERIFFS OFFICE CITY OF EAGLE POLICE MONTHLY REPORT MARCH 2013 Person Cr,nne Property Crime Society Crime Total Felony Misdemeanor 60 a� E c.) w v a+ v cc • 0 j- - Apr May 20 GROUP A NIBRS CRIME* CITY OF EAGLE POPULATION COMPASS 2012: 20.550 17 25 44.0% 9 7 9 COMPASS 2013: 21,350 64 50 10.0% 19 16 15 % Change 3.9% 34 21 95.2% 9 10 2 GROUP A NIBRS CRIME RATE 115 96 37.5% 37 33 26 YTD (PER 1 .000) 36 39 15.4% 18 12 9 2012: 5.6 79 57 52.6% 19 21 17 2013:4.5 Change -19.6% 111 Nu III III NI um NI Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar '10-'12 Normal Range ■ Person Property Society POLICE ACTIVITY Calls For Servicet (Total) Total Response Time Code 3$ Calls For Service Code 3$ Response Time Proactive Polio ngi Reports (DR's) Arrests§ Citations # of Incidents 1500 1000 500 0 Pronded By ACSO/CAU/th 839 967 332 277 7:31 8:39 8:26h° 9:14h'gh 12 28 8 9 3:30 3:14 3:20 3:08 2,801 2,719 915 803 280 310 118 95 78 68 23 28 211 190 59 62 358 8:23i"gh II 3:15 1,001 97 17 69 Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Proactive Policing ■ Calls for Service 201 2 CLEARANCE RATES las of March 2013) Person: 55.1% Property: 34.1% Society: 82.7% Total: 46.2% Felony: 43.9% Misdemeanor: 47.9% 1 MARCH 2013 TOP CALLS FOR SERVICE Alarm (28) Suspicious Situation (24) Vehicle Crash (22) Drunk Driver (22) Welfare Check (21) Citizen Assist (19) Doto obtained from New World GID. !STARS and lTD WebCors dotoboses Doto queord 4/12113 Page 1 of 2 SELECTED CRIMES/INCIDENTS Burglary Vehicle 8 Residential 7 Commercial Vandalism Domestic Battery/Assault Property/Security/ Construction Site Checks Welfare Check Incidents Suicide -Related Incidents Mental Hold Incidents 17 5 978 71 I0 0 8 4 3 10 9 981 65 22 TRAFFIC 5 2 2 3 388 24 6 3 0 2 4 2 270 16 6 0 0 2 0 4 4 323 25 I 0"11 0 Total Crashes Property Damage Personal Injury Fatal Alcohol -Related Crashes Traffic Stops DUI Arrests Moving Citations # of Crashes 40 30 20 10 0 51 73 34high 22 35 55 27'"g'' 16 16 18 7 6 0 0 0 0 4 2 0 0 1,061 752 23410,„ 22810„, 11 9 0 3 76 77 26 28 JUVENILE CRIME (by = of luvenlles) 25 20 Mar 2 15 10 5 Mar -0 Feb 2 Jan 2 0 Feb 6 Jan 13 Property Society MARCH 2013 CRASHES BY TIME OF DAY 17 0000-0600 hrs 0 12 0600-0900 hrs 2 5 0900-1200 hrs 0 0 1200-1500 hrs 2 2 1500-1800 hrs 6 290 1800-2100 hrs 5 6 2100-0000 hrs 2 23 CRASHES BY DAY OF WEEK Sunday 1 Monday 5 Tuesday 2 Wednesday 3 Thursday 2 Friday 2 Saturday 2 1 m tit Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar ■'10-'12 Normal Range • Property Damage Personal Injury Fatal Provded ay ACSO/CAUhh Data obtoned from New Wold CAD 'STARS and lTD WebCas databases Page 2 oft [OP CRASH CONTRIBUTING CIRCUMSTANCES Inattention (7) Following Too Close (4) Improper Turn (3) Failed to Yield (3) JANUARY - MARCH 2013 1 OP CRASH INTERSECTIONS Highway 44 & Eagle Rd (7) Eagle Rd & Chinden Blvd (6) Eagle Rd & State St (4) Eagle Rd & Riverside Dr (4) Highway 44 & Edgewood Ln (3) Duro queued 4112113