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Minutes - 2013 - City Council - 05/14/2013 - Regular EAGLE CITY COUNCIL Minutes May 14,2013 PRE-COUNCIL AGENDA: 5:30 p.m.-6:30 p.m. 1. Ada County Assessor—Robert McQuade. Mr McQuade discusses the changes in the law and the market value in the City. $2.7 billion is the total market value for the City which is a 13% increase from last year. Last year was a 4% increase. Discussion on the taxable value. The total taxable value for the City is $2.2B. Discusses the overall conditions in Ada County General discussion. 2. Ada County Elections—Chris Rich—Discussion of City bond election this month. Chris discusses Consolidated Elections which is the type of election that the City has. We are expecting at 5-10%turn out for the City Bond Election. There are 6 ballots styles for your election. The Poll Workers are going to have to determine which ballot a person receives. Displays a sample of the 6 ballots. There are 14 precincts in the Eagle area. The workers will have a lap top and the worker will put in an address and will print out a letter that will be used to identify what ballot that person should get. Hopefully we enough fail safes. We have brought in the Chief Justices that will be in Eagle for training. There is going to be a learning concern. General discussion on the early voting procedure. General discussion on the training for the Chief Judges and also specific training on use of the computers. There is one District Judge for every 7 precincts. If a Chief Judge has a question they would contact the District Judge. General discussion on election procedures. 3. Mayor and Council Reports: Butler: No Report Defayette: No Report Pierce: Reports on the Seniors Board Meeting. Grasser: Reports on the Sewer District Meeting. 4. City Hall Department Supervisor Reports: Parks&Rec Director Aho: April 27th we planted trees for Arbor Day. The City has been a Tree City USA for 21 years. We had a street light knocked out on Eagle Road. We will be putting together a replacement schedule as our poles are out dated and can not be replaced. Displays overheads on the events at the Parks. Discussion on the Downtown flower baskets. Discussion on putting the signs up at the Bike Park. This has been done by volunteer labor. The Heritage Park project which is now finished. Discussion on replacing the turf at Heritage Park. Discussion on the Library HVAC system and the necessary replacement. The cost for replacement of the HVAC is $51,300- $62,600. This system is on its last leg. Discussion on the HVAC System. Discussion on glass recycling and the construction of an enclosure. P&Z Administrator Vaughan: Discussion on"community event signs". General discussion. Library Directors Report: Discusses the increase in the seating in the children's area. The temperature in the building is quite unbearable and I think it has affected our attendance. General discussion on finding the funding for this repair. Page I K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-14-I3min.doc Building Official Nash: Discussion on code requirements that need to be met for the Library HVAC system. We budgeted 30 home permits for the year and we have issued 160. Next year should be about the same. City Clerk Report: No report 5. 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. Butler is present by Skype from Columbia. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Mayor Reynolds leads the Pledge of Allegiance. City Attorney Buxton: I would request that you amend Item #9 to add on the Executive Session discussion of acquisition of property(c) and pending litigation for water rights(f). So moved by Defayette. Seconded by Grasser. ALL AYES: MOTION CARRIES Defayette moves to amend the Agenda under New Business as Item#8B.Discussion on bidding process or the HVAC replacement for the Library. Seconded by Grasser. Discussion City Attorney: it appears that the discussion in Pre-Council on the HVAC system replacement for the Library would qualify for amending the agenda as the information came about in the last 48 hours and this would include my request to amend the agenda. ALL AYES: MOTION CARRIES 4. PUBLIC COMMENT: Gregory Lindstrom, 1417 Falcon Rim,my wife and I have been residents of Eagle for 18 years and this is the first time we have become before the Council. I have talked to Shawn and he has taken away a lot of my concerns. We have new neighbors that have moved in last November and he has any number of recreational vehicles and he has a small area. He also turns his dog loose and I confronted him on that. He threatened to build a big shed in his front yard and I called PZ to see if I could comment on that building and I was told no. Discussion on the noise ordinance and the need for it to be changed as this neighbor blasted music from his patio all day long. Defayette, I would ask you to contact the City Clerk and be placed on an Agenda. Discussion on Public Nuisance. Becky R. Boudreaux,volunteer, St Vincent de Paul, distributes a letter in regards to waiving a fee for a Merrill Park reservation to the Council and leaves without comment. The Mayor reads the letter into the record. George Dillard: Distributes his presentation to the Council wherein he is requesting that the driving range on Banbury Golf course be closed and reads the same into the record. General discussion. 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. Page 2 K\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-14-13min.doe ♦ 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 23,2013. C. Findings of Fact and Conclusions of Law for 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) D. Online Registration and Servicing Agreement for Parks,Recreation and Cultural Services Department between Cirilian Inc,dba: REC1 and the City of Eagle. (MA) E. Fireworks America Agreement: A contract in the amount of$10,000 for a fireworks display during Eagle Fun Days weekend. (MA) F. Approval of Artists Mural Proposal to be installed at 74 W. State Street: The Eagle Arts Commission is requesting Council confirmation of their acceptance of the proposal submitted by artist Brenda Kaye to design and install a mural on the building located at 74 W. State St. (commonly referred to as the Idaho Liquor Store). The amount is not to exceed$9000.00. This approval is contingent up on the receiving approval from the Design Review Board as required by Eagle City Code. (LB) Defayette removes Item#B and F from the Consent Agenda. Defayette moves to approve the Consent Agenda as amended,Items#B through#E. Seconded by Pierce. Grasser: AYE; Butler: AYE; Defayette: AYE; Pierce: AYE; ALL AYES: MOTION CARRIES 5.B. Minutes of April 23,2013. Defayette: there is one small change in the last paragraph of page 1, change discusses to discussed. Defayette moves to approve the amend Minutes of April 23,2013. Seconded by Pierce. ALL AYES: MOTION CARRIES 5F. Approval of Artists Mural Proposal to be installed at 74 W. State Street: The Eagle Arts Commission is requesting Council confirmation of their acceptance of the proposal submitted by artist Brenda Kaye to design and install a mural on the building located at 74 W. State St. (commonly referred to as the Idaho Liquor Store). The amount is not to exceed $9000.00. This approval is contingent up on the receiving approval from the Design Review Board as required by Eagle City Code. (LB) Defayette: First of all I am a big fan of Brenda Kaye, she does fabulous work and the work she did at Smoky Mountain is beautiful. I think the general portion of this mural is beautiful. I don't like that it is commercialized with Coca Cola,Disney Land, Boise State and Channel 7. I don't think any of that represents Eagle. There is plenty that could represent Eagle to Fun Days Page 3 K.\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-14-13 min.doc and the rural background of Eagle. I would ask that Brenda relook at her concept and see if she couldn't come up with a concept that represents our community. General discussion. Linda Butler, Chairman of the Arts Commission,you didn't get a copy of our minutes we approved this. We approve the design without those balloons. We only approved the BSU balloon. We have had several meetings with Brenda,the State Liquor Store and the property owner and we have discussed several different designs. This is the design that we liked the best. We were not looking at doing anything commercial. What we wanted was to get local balloons and these balloons were local ones that have been flying in the valley for years. She is trying to get images from the local balloon people. We are totally open if you want to come to meetings or have suggestions. General discussion. Defayette moves to approve funding up to $9,000 for art on the Liquor Store Building by Brenda Kaye with final approval going through Design Review and Eagle City Council. Grasser: AYE; Butler: AYE; Defayette: AYE; Pierce: AYE; ALL AYES: MOTION CARRIES 6. PUBLIC HEARINGS: A. VAC-02-13—Request for Vacation- Coleman Homes,LLC.: Coleman Homes LLC represented by Becky McKay with Engineering Solutions, LLP, is requesting a partial vacation of plat note No. 14, restricting access to dedicated streets and vacating common driveway easement lines located on Lots 1-5 and Lots 7-11, Block 5,Eaglefield Estates Subdivision No. 1. (WEV) Mayor introduces the issue. Mayor: Does anyone on Council have any exparte contact to declare? Butler: I have worked with Becky McKay on some expert witness items that were totally different from this and I have no problem working on this if Becky doesn't have a problem. Mayor: She indicates there is no problem. City Attorney Buxton: Mr. Butler do you have any pecuniary interests in this application. Butler: No. City Attorney Buxton: Do you have any contracts with Ms. McKay or her firm at this time? Butler: No. City Attorney Buxton: There doesn't appear to be a conflict. Mayor: Does anyone on Council have any potential or actual conflict of interest?None Becky McKay, Engineering Solutions, representing the applicant, displays a power point presentation and discusses the same. General discussion. PZ Administrator: I don't have anything to add to this application at this time other than it has been processed in accordance to Eagle City Code and Idaho State Code which has some unique process requirements for vacations. Mayor opens the Public Hearing Mayor: No one has signed up to speak to the matter and no one from the audience has stepped forward to comment. General Council discussion. Mayor closes the Public Hearing Council discussion. Defayette moves to approve for VAC-02-13—Request for Vacation- Coleman Homes, LLC.with the conditions recommended by staff Seconded by Grasser. ALL AYES: MOTION CARRIES Page 4 K\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-14-13min doc PZ Administrator Vaughan: Do you want to add the condition to require 20' from back of sidewalk for the driveway area. General discussion. This will be incorporated. Council agrees to the clarification and that was the intent of the motion. B. RZ-08=03 MOD3/RZ-04-12 MOD—Modification to Development Agreements (Instrument No. 105007541 and No. 108130290) (Arts West Subdivision)and a Modification to the Development Agreement(Instrument No. 113024774)(3605 West Flint Drive) —Eagle Island Crossing LLC.: Eagle Island Crossing, LLC, represented Craig Driver with Gardner Ahlquist Development is requesting modifications to the rezone development agreements(Instrument No. 105007541 and No. 108130290) associated with Art West Subdivision. The applicant is also requesting a modification to the rezone development agreement(Instrument No. 113024774)associated with Lot 3, Block 2,Amended Plat of Flint Estates Subdivision. The 21.55-acre site is generally located on the south side of West Flint Drive approximately 870-feet east of the intersection of North Park Lane and West Flint Drive at 3605 West Flint Drive and encompasses Arts West Subdivision in its entirety. (WEV) Mayor introduces the issue. 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 Jeffrey Wardel, Gardner Ahlquist Development, provides Council an overview of the request for Modification to the Development Agreements. PZ Administrator Vaughan: PZ Administrator Vaughan: Staff has prepared a Staff Report for your review and we have recommend approval of this application to combine the Development Agreements. On Page 11 of the Staff Report, 3.2.1 is the condition that Mr. Wardel has referenced changing. Where it states Lots 1 and 2 Block 1 and Lot 2 Block 2 after that we would add"of the amended Plat of Flint Estates"to clarify the language. There are not any changes to the style or types of uses in the development. We recommend approval. Mayor opens the Public Hearing Ken Washburn, 3865 Flint, are they talking about going across the road and will there be more buildings added? Council: it doesn't appear to be crossing but it would add more buildings. Mayor closes the Public Hearing Butler moves to approve RZ-08-03 MOD3/RZ-04-12 MOD to be combined with the Standard Conditions and Staff recommended conditions with item 3.2.1 in the Development Agreement having the words added as Staff recommend in this public hearing the words being"of the amend plat of Flint Estates". Seconded by Defayette. ALL AYES: MOTION CARRIES C. Proposed Mechanical Permit Fees: In accordance with Idaho State Code 63-1311A, legal notice is hereby given that The Eagle City Council will hold a public hearing on May 14, 2013 at 6:30 P.M. at Eagle City Hall , 660 E. Civic Lane, Eagle, Idaho. A public hearing to consider repealing the current fee schedule associated with the issuance of mechanical permits and adopting a new fee schedule. (SN) Mayor introduces the issue. Building Official Nash provides the Council an overview of the proposed Mechanical Permit Fee increase. General discussion. Page 5 K.\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-14-13min.doc C.1 Resolution 13-09: A Resolution Repealing Resolution 13-04 In Its Entirety,And Adopting A New Fee Schedule Pursuant To Section 7-1b-3 Of The Eagle City Code, To Provide For The Establishment By Resolution Of Fees For Mechanical Permits Referenced In Section 106.5.2 Of The International Mechanical Code;And Providing For Effective Date. (SN) Mayor introduces the issue. Defayette moves to approve Resolution 13-09. Seconded by Butler. ALL AYES: MOTION CARRIES Agenda Items#6D,E & F: Mayor introduces the issues. City Clerk Bergmann: Items#6D, E& F are Ordinances that will bring our City Code in compliance with State Code in regards to infractions. The City Attorney will answer questions if you have any. D. Public Hearing on proposed Criminal Penalties: In accordance with Idaho State Code 63- 1311A, legal notice is hereby given that the EAGLE CITY COUNCIL will hold a public hearing on May 14, 2013 at 6:30 P.M. at Eagle City Hall, 660 E. Civic Lane, Eagle, Idaho. The purpose of the hearing to consider Ordinance 695, an ordinance of the City of Eagle Amending Title 1, Chapter 4, Section 2A to conform with Idaho Statute Governing Criminal Penalties. The proposed penalties may exceed 105%of prior penalties. (SKB) D.1: Ordinance 695 — General Penalty Code Amendment: An Ordinance Of The City Of Eagle, Ada County, Idaho, Amending Title 1, Chapter 4, Section 1 "General Penalty" And Title 1, Chapter 4, Section 2a To Conform With Idaho Statute Governing Criminal Penalties; Providing For A Summary,And Providing An Effective Date. (SKB) Mayor introduces the issue. City Attorney Buxton: Discusses the need to change the City Code to be in compliance with Idaho Code. General discussion. Mayor opens the Public Hearing Mayor closes the Public Hearing Defayette 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#695 be considered after being read once by title only. City Attorney Buxton reads Ordinance#695 by title only. Seconded by Grasser. Grasser: AYE; Butler: AYE; Defayette: AYE; Pierce: ALL AYES: MOTION CARRIES Defayette moves that Ordinance#695 be adopted. Seconded by Grasser. Grasser: AYE; Butler: AYE; Defayette: AYE; Pierce: AYE; ALL AYES: MOTION CARRIES E. Public Hearing on proposed Disorderly Household or Premises: In accordance with Idaho State Code 63-1311A, legal notice is hereby given that the Eagle City Council will hold a public hearing on May 14, 2013 at 6:30 P.M. at Eagle City Hall , 660 E. Civic Lane, Eagle, Idaho. The purpose of the hearing to consider Ordinance 696, an ordinance of the City of Eagle Amending Title 5, Adding Chapter 11 "Disorderly Household or Premises" Section 3 "Penalty". The proposed penalties may exceed 105%of prior penalties. (SKB) E.1 Ordinance 696 - Disorderly Household or Premises Ordinance: An Ordinance Of The City Of Eagle,Ada County, Idaho, Enacting Title 5, Chapter 11 Section 1 "Disorderly Household Page 6 K.\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-14-I3min.doc Or Premises" Providing Standards For Hosting Events On Private Property Disruptive To The Public Health Including The Consumption Of Alcohol By Minors; And Providing An Effective Date. (SRB) Mayor introduces the issue. City Attorney Buxton: Discusses the need to change the City Code to be in compliance with Idaho Code. General discussion. Mayor opens the Public Hearing Mayor closes the Public Hearing Defayette 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#696 be considered after being read once by title only. City Attorney Buxton reads Ordinance#696 by title only. Seconded by Pierce. Grasser: AYE; Butler: AYE; Defayette: AYE; Pierce: AYE: ALL AYES: MOTION CARRIES Defayette moves that Ordinance#696 be adopted. Seconded by Grasser. Grasser: AYE; Butler: AYE; Defayette: AYE; Pierce: AYE: ALL AYES: MOTION CARRIES F. Public Hearing on proposed amendments regarding General Penalty Provisions,and Clarifying Infraction and Misdemeanor Penalties: In accordance with Idaho State Code 63- 131 lA, legal notice is hereby given that the Eagle City Council will hold a public hearing on May 14, 2013 at 6:30 P.M. at Eagle City Hall , 660 E. Civic Lane,Eagle,Idaho. The purpose of the hearing to consider Ordinance 697, An Ordinance Of The City Of Eagle,Ada County, Idaho, Amending Title 3, Chapter 2A, Section 10, Title 3, Chapter 2B, Section 9, Title 3, Chapter 2D, Section 6, Title 3, Chapter 4, Section 19, Title 4, Chapter 2, Section 9, Title 4, Chapter 5, Section 3, Title 4, Chapter 5, Section 4-2, Title 4, Chapter 5, Section 5E, Title 4, Chapter 5, Section 6C, Title 4, Chapter 5, Section 7D, Title 4, Chapter 5, Section 3, Title 4, Chapter 6, Section 11, Title 4, Chapter 7, Section 5-3, Title 4, Chapter 7, Section 6-12, Title 4, Chapter 9, Section 7, Title 4, Chapter 10, Section 4, Title 5, Chapter 3, Section 7, Title 5, Chapter 3, Section8, Title 5, Chapter 6, Section 8B, Title 5, Chapter 7, Section 1B,Title 5, Chapter 8, Section 3, Title 5, Chapter 9, Section 3, Title 6, Chapter 1, Section 1E, Title 6, Chapter 3, Section 5, Title 6, Chapter 7, Section 14, Title 7, Chapter le, Section 5, Title 8, Chapter 7, Section 9B, Title 10, Chapter 1, Section 13D, Title 3, Chapter 2C, Section 13, Title 3, Chapter 1, Section 8, Title 3, Chapter 4, Section 19, Title 4, Chapter 5, Section 4-3, Title 4, Chapter 7, Section 6-1C, Title 4, Chapter 7, Section 6-12, Title 8, Chapter 2A, Section 7D.3, Title 8, Chapter 9, Section 16a, referencing the general penalty provision of the Eagle City Code, clarifying infraction and misdemeanor penalties. The proposed penalties may exceed 105% of prior penalties. (SKB) F.1: Ordinance 697- General Penalty Provisions,and Clarifying Infraction and Misdemeanor Penalties: An Ordinance Of The City Of Eagle, Ada County, Idaho,Amending Title 3, Chapter 2a, Section 10, Title 3, Chapter 2b, Section 9, Title 3, Chapter 2d, Section 6, Title 3, Chapter 4, Section 19, Title 4, Chapter 2, Section 9, Title 4, Chapter 5, Section 3, Title 4, Chapter 5, Section 4-2, Title 4, Chapter 5, Section 5e, Title 4, Chapter 5, Section 6c, Title 4, Chapter 5,Section 7d, Title 4, Chapter 5, Section 3, Title 4, Chapter 6, Section 11, Title 4, Chapter 7, Section 5-3, Title 4, Chapter 7, Section 6-12, Title 4, Chapter 9, Section 7, Title 4, Chapter 10, Section 4, Title 5, Chapter 3, Section 7, Title 5, Chapter 3, Section8, Title 5, Chapter 6, Section 8b, Title 5, Chapter 7, Section lb, Title 5, Chapter 8, Section 3, Title 5, Chapter 9, Section 3, Title 6, Chapter 1, Section le, Title 6, Chapter 3, Section 5, Title 6, Chapter 7, Section 14, Title 7, Chapter le, Section 5, Title 8, Chapter 7, Section 9b, Title 10, Chapter 1, Section Page 7 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-14-13min.doc 13d, Title 3, Chapter 2c, Section 13, Title 3, Chapter 1, Section 8, Title 3, Chapter 4, Section 19, Title 4, Chapter 5, Section 4-3, Title 4, Chapter 7, Section 6-1c, Title 4, Chapter 7, Section 6-12, Title 8, Cfiapter 2a, Section 7d.3,Title 8, Chapter 9, Section 16a, Referencing The General Penalty Provision Of The Eagle City Code, Clarifying Infraction And Misdemeanor Penalties; Providing For A Summary,And Providing An Effective Date. (SKB) City Attorney Buxton: Discusses the need to change the City Code to be in compliance with Idaho Code. Mayor opens the Public Hearing Mayor closes the Public Hearing Defayette 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#697 be considered after being read once by title only. City Attorney Buxton reads Ordinance#697 by title only. Seconded by Pierce. Grasser: AYE; Butler: AYE; Defayette: AYE; Pierce: AYE: ALL AYES: MOTION CARRIES Defayette moves that Ordinance#697 be adopted. Seconded by Grasser. Grasser: AYE; Butler: AYE; Defayette: AYE; Pierce: AYE; ALL AYES: MOTION CARRIES 7. UNFINISHED BUSINESS: A. 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 20-26). (SEB) This item was continued from the April 23, 2013. Mayor introduces the issue. City Attorney Buxton provides the Council an overview of the application and the modifications to the development agreement. General discussion. Butler moves to approve RZ-11-08 MOD and PP-05-12 -Reynard Subdivision-Foxtail Partners,LLC. Seconded by Defayette. ALL AYES: MOTION CARRIES A.1. Findings of Fact and Conclusions of Law for 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 20-26). (WEV) Mayor introduces the issue. City Attorney Buxton: Displays overheads of sections of the Development Agreement and provides Council an overview of the Development Agreement amendments. General discussion. Butler moves to approve Findings of Fact and Conclusions of Law for Reynard Subdivision. Seconded by Defayette. ALL AYES: MOTION CARRIES Page 8 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-14-I3min.doc City Attorney Buxton: Let me add for discussion,we went through the Findings of Fact with the applicants and that Section 3.3 in the Development Agreement is identical to one of the Conditions in the Findings of Fact and they looked through the other items. Butler: The applicant looked befuddled. Is the applicant ok with the changes? Bill Brownlee concurs that he is in agreement. B. Discussion of overtime and staffing needs for remainder of FY 2013: This item was continued from the April 23, 2013 meeting. (SKB, WEV,MA, SN) Mayor introduces the issue. PZ Administrator Vaughan: PZ Administrator Vaughan displays a chart of the Department's work load and discusses the same. Discusses the staff time in regards to the M3 process and the up coming Avimor process. Discussion on part time, seasonal or full time help. General discussion. Park& Rec Director Aho: provides Council an overview of the request for an additional Full Time Admin Assist I and also provides Council an overview of the request for a part time seasonal employee for the remainder of 2013. General discussion. Discussion on the reorganization of the Organization Chart. Building Official Nash: provides Council an overview of the request for a Building Inspector. General discussion. City Clerk Bergmann: provides Council an overview of the request for additional Thursday hours for the Museum Coordinator. General discussion. Alana Dunn, Museum Coordinator, discusses the process of creating and putting together the Military Exhibit in the City Hall Lobby. General discussion. General Council discussion. Defayette moves to approve the expenditure of$57,849 as requested by the Department Heads. Seconded by Butler. Discussion. Grasser: NAY; Butler: AYE; Defayette: AYE; Pierce: AYE; ALL AYES: MOTION CARRIES .. C. Discussion of downtown parking limits: This item was continued from the April 23, 2013 meeting. (MD) Mayor introduces the issue. Defayette: I have been talking with downtown merchants about the issues we have been facing. I'm not seeing a resolution. I would like to meet with ACHD to discuss a couple of solutions. Limiting the parking time downtown to certain hours, stripped parking and a 4 way stop at 2nd and State. General discussion. Downtown parking limits, discussion with ACHD about remedies at 2nd and State Street and stripped parking will be added to the next City Council Agenda for Public Comment on the issue. 8. NEW BUSINESS: A. Discussion regarding lowering the speed limit north of the Boise River on Eagle Road from 45 mph to 35 mph. (JP&MD) Mayor introduces the issue. Pierce: I have been research this issue. I have been informed if we get a letter to ACHD it helps them with ITD and also have the City send a letter ITD. General discussion. Page 9 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-14-13min.doc Hearing no further business, the Council meeting adjourned at 10:30 p.m. Respectfully submitted: 11 eeee-'"''u,',',,,, •wwwwww•C� SHA'ON K. BERGMA G 0 R • CITY CLERK/TREASURER o 6 w • �s b 71w.w � • A"ROVED: c S e L q o `'`'e,evswevv�aev .1 MES D. REYNO►DS AYOR AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL UPON REQUEST. Page I I K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-14-13min.doe This will be added as New Business on the next Agenda. B. HVAC replacement expenditure for the Library. Mayor introduces the issue. General discussion on replacement of the HVAC system at the Library and the bid requirements. Grasser moves to instruct Mike to get some more estimates on the HVAC System for the Library and work with legal counsel to set up the appropriate process to put this out to bid as soon as possible and bring this to the next Council meeting to proceed to get this system replaced. Seconded by Pierce. ALL AYES: MOTION CARRIES 9. EXECUTIVE SESSION: Personnel Matters I.C.67-2345(a)or(b),acquisition of property(c) and pending litigation for water rights (f). 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: (a) To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. This paragraph does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general; (b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student. (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. Mayor introduces the issue. City Attorney Buxton: Mr.Mayor I request that we move into Executive Session pursuant to Idaho Code 67-2345(a)(b)(c) and (1). So moved by Grasser. Seconded by Defayette. Grasser: AYE; Defayette: AYE; Pierce: AYE: Butler: AYE: ALL AYES: MOTION CARRIES Council goes into Executive Session at 10:05 p.m. Council discusses personnel matters, water rights Council leaves Executive Session at 10:30 p.m. 10. ADJOURNMENT: Defayette moves to adjourn. Seconded by Butler. ALL AYES: MOTION CARRIES... Page 10 K\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-14-13min.doe EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP VAC -02-13 — Rcciuest for Vacation - Coleman Homes. LLC May 14, 2013 TESTIFY PRO/ CON or NAME ADDRESS YES/NO NEUTRAL )41 / — o,/co , 12►'&- �� l , sir_f-tit47n, - EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP Public Hearing on proposed Criminal Penalties May 14, 2013 TESTIFY PRO/ CON or NAME ADDRESS YES/NO NEUTRAL EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP Public Hearing on proposed Disorderly Household or Premises May 14, 2013 TESTIFY PRO/ CON or NAME ADDRESS YES/NO NEUTRAL EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP Proposed Mechanical Permit Fees May 14, 2013 TESTIFY PRO/ CON or NAME ADDRESS YES/NO NEUTRAL EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP Public Hearing on proposed amendments regarding General Penalty Provisions, and Clarifying Infraction and Misdemeanor Penalties, May 14, 2013 TESTIFY PRO/ CON or NAME ADDRESS YES/NO NEUTRAL May 14,2013 Eagle City Council Dear Members: This letter is in regards to the use of Reid W. Merrill Sr. Park. I represent the Food Pantry of St. Vincent de Paul, Holy Apostle's Church. We provide food on a non -denominational basis to the people of Eagle and nearby surrounding areas. We have 65 volunteers, of which 26 live in Eagle. Once a year, we meet in the park for a summer picnic in the late afternoon, lasting approximately four hours. I am asking you to waive the fee for our use of Eagle's park facilities. The $75.00 fee would be better used for the purchase of food for people in need in our community. Thank you for your consideration. Sincerely, Becky R. Boudreaux, volunteer St. Vincent de Paul Becky R. Boudreaux 1182 W. Colchester Dr. Eagle, ID 83616 (208) 938-1711 EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP RZ-08-03 MOD3/RZ-04-12 MOD — Modification to Development Agreements (Instrument No. 105007541 and No. 108130290) (Arts West Subdivision) and a Modification to the Development Agreement (Instrument No. 113024774) (3605 West Flint Drivel — Eagle Island Crossing LLC. May 14, 2013 NAME ADDRESS K/' TESTIFY PRO/ CON or YES/NO NEUTRAL Presentation to Eagle City Council. Good evening ladies and gentlemen: my name is George Dillard and I have owned the property at 135 Jakona Lane for over 30 years now. It used to be a very nice quiet property where we enjoyed the peace and quite of a back yard, enjoyed the view of the rock chucks running around an old barn, watching the geese and the eagles nesting in the trees along the river. Now however that is long gone. I am requesting that the Driving Range on Banbury golf course be closed. Now my home is in a hostile area with nothing to look at except a big net and everyone staring into my yard constantly along with golf balls making it a war zone and unsafe for anyone or anything to be on the property. When Banbury Golf club proposed to build there, their original plans were to put a stack of railroad ties 5 foot high and a twenty foot high board fence on top of that. That would have put my home in the dark most of the time. I could get NO one to listen to me so I had to hire an attorney to block this, but unfortunately the only thing it blocked was the stack of RR ties and the board fence. My home became a target for everyone on that driving range. When they originally proposed the driving range, I went to 5 different driving ranges and took photos of golf balls as far as 400-450 yards from the tee boxes. This Driving Range is only 300 yards long. I then requested that they use low range golf balls and this body was told by someone who proclaimed to be an expert on that subject that no one could hit it far enough to reach my house. A few months later, I was back in front of this body with buckets full of golf balls and had a golf ball miss my face by mere inches. Nothing was done until people started complaining that their vehicles were being hit or nearly hit while driving down Colchester Street. Then creosote soaked telephone poles were installed and again my attorney and I was back protesting because those poles were within 200 feet of two wells that supplies two homes water and more meetings and discussion of how to solve the problem. It was finally decided, against my recommendations, that they would put up metal poles and they would not have to use low range golf balls. All of this cost me over $5,000. We had hopes that this was solved. Alas, it was not. I would be out mowing my yard and I was being cussed out by people at my end of the range hitting balls back towards the club house. Anytime I was out there and even tried to talk, I was being yelled at. When you cannot even do anything in your own yard, something was drastically wrong. Before this got stopped, Mr. Breaux offered to put up a green plastic fencing along the back side of the net to give us some privacy. Well, I am still waiting for the privacy. Also something that is very strange, the golf course only mows the grass between their net and my property line about once a month and the fence line between my property and theirs has NOT been trimmed in over two years and they do not clean up and remove the leaves that come down on their side of the fence. This does nothing but to degrade my property. This is not tolerable under any circumstances. Since this driving range has been open. There has been 6 windows in my home broken (3 to one window and I was told if it happened again the entire window had to be replaced including the frame, two vehicles had windows broken in them and two RV's have been damaged to that cost between $2,000 and $3000 to fix each one. Two different times, I was attending a meeting out of state and had to drop what I was doing, drive all night to get home so that my house would not be wide open to all the elements Just this alone was very costly to me. There is one window that was broken over 2 months ago, and Mr. Breaux is not wanting to pay for it. They are claiming I just trying to upgrade a window. This is one pain of glass that is a special glass with special coatings on it that cannot be purchased in the State of Idaho and has to come from two different dealers out of state. The cost is almost $900 and it is his glass company doing the work. Because they have not paid for the repairs, I have filed a claim in small claims court against Willowbrook Development for the damages to my home. I personally have been almost hit by golf balls over 12 times, my son had a golf ball hit just inches from the top of his head when it slammed into my motorhome and we both had golf balls roll between us when walking in the driveway. This body was very concerned about the safety of people driving down Colchester street but NO ONE INCLUDING the golf course management has had any concerns whatsoever about the safety and the well being of anyone living at the end of the driving range. I have photos of a small portion of the golf balls I have picked up out of my yard in the past 6-9 months. I would like to ask you all one question. How would you like to have this many golf balls being bombarded into your house at all hours of the day? This is only a few of them. I think the biggest amount I have picked up in my yard is about 70 in one week and that was on May 3 of this year. This body would NOT let the net be more than 30 feet high. When the range tee boxes are all the way forward, it is only about 250 yards long. Along with the fact that there is a predominate wind out of the west (at the backs of the golfers) to give the balls a lot more distance. And you need to take into consideration the fact that since that range has been open, technology has made extremely big advances in the equipment the people are using. A 300 yard drive use to be average. Now I think it is more like 375 yards and then when you put a nice wind behind them it is much much longer. This solution can be solved a few different ways. Number 1. This is my choice. Willowbrook Development can buy my property at my price. It was offered to them at one time for $150,000 but they said that it was not worth it that I was trying to steal from them. Number 2. That they be required to put up another 15 feet on the top of the existing net. Number 3. That they be PERMANTLY required to use a low flight golf ball and that if ANYONE is caught using a regular golf ball on the range they be fined $1,000 or more and they be restricted from using the facilities for life. Number 4. Close the golf course completely. I feel this whole situation and the way that it is being handled is a violation of their Conditional Use Permit. Yes ladies and gentlemen, this is a very serious matter. I am trying to get my property ready for the market and if there are realtors and/or prospective buyers on the property and they should get hit, there will definitely be a huge lawsuit, not only against the golf course but against this body for not correcting a hazardous condition that has prevailed since the day they opened their doors for business. With as many times as I have been in front of this body, there is no way you can realistically claim you knew nothing about this hazardous condition. Also, the fence line between my property and the golf course is a mess. The golf course refused to properly take care of it. It has been 3 years or more since they have trimmed along my fence line. I mow and trim my side every week. Also they only mow between the net and my property line about once a month. What a wonderful haven for mosquitoes! Why is this being allowed. I think I deserve the same consideration as those that have the fancy homes on the golf course. The last photo show how much it has build up on the property line. It started out as level with my yard. They also have never picked up the leaves that have fallen on their property and it is now much higher than it should be. Now speaking of hazardous conditions. Why does the city not want to take care of a mess on the other side of me. This place is a dreadful mess. I have photos of one part of it. OVER A YEARS WORTH OF GARBAGE. When my property comes on the market, anyone driving in on my lane seeing that mess will probably turn around and leave without even looking at my home. You offices have been notified by the police department about this at least 5 times in the last 4 months, yet nothing has been done about it whatsoever. Lots of old vehicles sitting there. They have vehicles parked along the lane or just parked in the middle of the lane making if difficult or impossible for me to get to my property, constantly working on multiple cars at one time for weeks on end, having a big wrecker in there and out many times a day tearing up the roadway, digging trenches in the road and refusing to help with the maintenance of the lane, the entire place is a mess. I was once told that it is a violation of State Law that no one could do something to their property that will damage the value of the adjoining properties. How about someone getting some backbone and making them clean up their property. Thank you very much. ( G hi iia ,.n .i 1.12J lila 411_ .II,.1.111UU1. . it IIIIIIIIill 1 EXHIBIT D Concept Plan Alternatives - Wilson Property Alternative 1 III I IIIA i1111 II .� EXHIBIT D - 1 Alternative 2 EXHIBIT D - 2 Alternative 3 EXHIBIT 3 EXHIBIT D Concept Plan Alternatives - Wilson Property Alternative 1 III I IIIA i1111 II .� EXHIBIT D - 1 Alternative 2 EXHIBIT D - 2 Alternative 3 EXHIBIT 3