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.
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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.
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♦ 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
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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
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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.
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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
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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
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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
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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.
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Hearing no further business, the Council meeting adjourned at 10:30 p.m.
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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
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EXHIBIT D - 1
Alternative 2
EXHIBIT D - 2
Alternative 3
EXHIBIT 3
EXHIBIT D
Concept Plan Alternatives - Wilson Property
Alternative 1
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EXHIBIT D - 1
Alternative 2
EXHIBIT D - 2
Alternative 3
EXHIBIT 3