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Minutes - 2013 - City Council - 10/22/2013 - Regular EAGLE CITY COUNCIL Minutes October 22, 2013 PRE-COUNCIL AGENDA: 5:30 p.m. -6:30 p.m. 1. Ada County Sheriff's Office Monthly Report: Lt. Bartlett gives the monthly report for September. The Eagle Police Department focused on schools during the month of September. An analysis was done of all of the schools in regard to critical incidents and how they handle emergency situations. It all went very well. 2. Eagle Historic Preservation Commission Report: Chairman Frank Thomason gives an update on recent Commission activities. Tomorrow night there will be a program at the Eagle Public Library where longtime Eagle resident Shari Sharp will talk about her father Orville Jackson and his historic store in Eagle. Chairman Thomason encourages the Mayor and Council to attend. 3. Mayor and Council Reports: Mayor Reynolds, no report. Defayette No report. Butler would like a Pre-Council item added for City Engineer Report to get updates on current projects. Defayette states that inviting all active Committees and Boards to report on a Quarterly Report to the Council 4. City Hall Department Supervisor Reports: Library Director Baumgartner states that beginning November 1st they will be opening an hour earlier on Thursdays, increasing hours of service to 60 hours a week. Parks & Recreation Director states the sidewalk repair project will be started tomorrow and finished hopefully this Thursday. This is grinding of the sidewalks that have risen or dropped. The sprinklers are off in all of the parks. The construction of the flow trail at the Sports Complex is completed. We will be re-seeding it Wednesday, starting restoration of the construction work and then the bridge that still needs to be placed will hopefully be placed within the next three weeks. At that time the trail will be completed. 5. City Attorney Report: None Break at 5:50 until 6:30 p.m. INVOCATION: REGULAR COUNCIL AGENDA: 6:30 p.m. 1. CALL TO ORDER: Mayor Reynolds calls the meeting to order at 6:30 p.m. 2. ROLL CALL: GRASSER, DEFAYETTE, BUTLER, PIERCE(present via Skype). All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Mayor Reynolds leads the Pledge of Allegiance. 4. PUBLIC COMMENT: This time is reserved for the public to address their elected officials regarding concerns or comments they would like to provide to the City Council regarding subjects not on the agenda. At times,the City Council may seek comments/opinions regarding specific City matters during this allotted time. This is not the time slot to give formal testimony on a public hearing matter, or comment on a pending application or proposal. Out of courtesy for all who wish to speak, the City Council requests each speaker limit their comments to three(3)minutes. Philip Doyle 1496 E. Falcon Rim Ct. Eagle, Idaho. Mr. Doyle wishes to discuss the 4-way stop at Eagle and 2"d Street. He does not feel it is working, people are getting impatience and several accidents have almost occurred. Mr. Doyle, himself, was almost in an accident. After contacting Ada County Highway District he was informed that it was installed at the request of Page I K.\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-10-22-13 min doc the Council. He has contacted both ACHD and the Eagle Police Department, both interactions were very positive even though the information being conveyed was not to his liking. Mr. Doyle just does not feel the 4-way stop is effective. Mayor Reynolds provides a brief history of the installation of the 4-way stop sign. Discussion. Defayette removes 5F Service& Maintenance Agreement between the City of Eagle and TYR Heating& Cooling. Butler removes 5B Cooperative Agreement between Valley Regional Transit& City of Eagle for Annual Dues and Service Contribution. Defayette removes 5G Minutes of October 9,2013 meeting with Ada County Commissioners. 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. C. Resolution No. 13-22: Resolution for the declaration of surplus of property. D. Appointment to the Library Board: Mayor Reynolds is requesting the appointment of Terri Soelberg to the Library Board. Ms. Soelberg will be serving a four year term. (JDR) E. Appointment to the Library Board: Mayor Reynolds is requesting the appointment of Christine Cragin Lodge to the Library Board. Ms. Lodge will be fulfilling the remainder of a vacated four year term. (JDR) H. Minutes of October 8,2013 I. Finding of Fact and Conclusions of Law for A-02-13/RZ-03-13 & PP-03-13— Annexation,Rezone with Development Agreement,and Preliminary Plat for Creek Water Subdivision—John Wood: John Wood represented by Greg Hall with Hall Capital, LLC, is requesting an annexation and rezone from RUT (Rural-Urban Transition—Ada County designation)to R-3-DA (Residential—up to three (3) units per acre with a development agreement) and preliminary plat approval for Creek Water Subdivision a 36-lot(30-buildable, 6-common) residential subdivision. The 12.7-acre site is generally located on the south side of West Floating Feather Road approximately 1/4 mile east of Park Lane, at 3377 and 3395 W. Floating Feather Road. J. Finding of Fact and Conclusions of Law for PP-07-13—Collina Bello Subdivision—Providence Properties,LLC: Providence Properties, LLC, represented by Kevin McCarthy with KM Engineering, is requesting preliminary plat approval for Collina Bello Subdivision, a 14-lot(11-buildable 3-common) residential subdivision. The 9.6-acre site is located on the north side of West Floating Feather Road approximately 350-feet west of North Moon Bello Way on Lot 20, Block 2, Corrente Bello Subdivision No. 1, at 1400 West Floating Feather Road. K. Findings of Fact and Conclusions of Law for RZ-02-13—Rezone from A (Agricultural) to R-2 (Residential—two units per acre)—Schneider Custom Homes,Inc.: Schneider Custom Homes, Inc., represented by Phil Hull with the Page 2 K.\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-I0-22-13min.doc Land Group, is requesting approval of a rezone from A(Agricultural—up to one (1) unit per twenty(20) acres)to R-2 (Residential—up to 2 units per acre. The 1.19-acre site is located on the north side of East Floating Feather Road approximately 1,280-feet east of the intersection of North Eagle Road and East Floating Feather Road at 470 East Floating Feather Road. Defayette moves to approve the Consent Agenda,Items#A,C,D,E,H,I,J,K. Seconded by Butler. Grasser: AYE; Defayette: AYE; Butler: AYE: Pierce: AYE: ALL AYES: MOTION CARRIES .. Defayette moves them pulled items B,F and G to the top of Unfinished Business. Seconded by Butler. ALL AYE...MOTION CARRIES. 6. UNFINISHED BUSINESS: 6A 5B. Cooperative Agreement between Valley Regional Transit& City of Eagle for Annual Dues and Service Contribution. Butler would like the Clerk's Office to review the minutes [07/23/13 minutes] from the budget reviewed and contact Valley Regional Transit. He remembers that Kellie Fairless said there were 2 bus stops in Eagle, and they wanted another$6,000-$7,000 for a 3rd bus stop. But, there is only 1 bus that comes to Eagle. Butler would like to see what was said in the minutes and also he would like the contract to refer to how many bus stops Eagle will get. By bus stops, he means how many busses coming out here and stopping to drop people off or pick people up. As opposed to this money is going to fund their overall system. Bus route 44 is mentioned in the cooperative agreement, but it doesn't state that with the funding they plan on coming out 3 times in the morning and 3 times in the evening. Staff is directed to invite Kellie Fairless to the next meeting and amend the contract to reflect the 3 a day route. Butler moves this to the next meeting on November 12`h. Seconded by Defayette. ALL AYEE. MOTION CARRIES. 6B F Service & Maintenance Agreement between the City of Eagle and TVR Heating& Cooling: (MA) Defayette would like to have local businesses (Eagle)opportunity to enter into this agreement rather that going elsewhere. Defayette would like to investigate local Eagle companies having the opportunity to provide these services. Aho states that the City must stay with TVR for one year because of the one year warranty on the equipment just installed at the Library, but he can looking into qualified providers that may be in Eagle and bring it back to Council at a later date.. Butler moves to continue item 5F to the next Council meeting to give Mike time to see if we can get some local Eagle businesses to come forward and maybe we can consider them. Seconded by Defayette. ALL AYE...MOTION CARRIES. 6C-G Minutes of October 9,2013 meeting with Ada County Commissioners. Defayette states that it would be clarified that there were several items on the Commissioners agenda. The Commissioners agreed to move items 3 and 4 to number 1 and 2 on the agenda, and moved the other items down, however the items that were bumped lower on the agenda were never addressed. She would just like the minutes to reflect that. These minutes are to be amended and brought back for action at the next meeting. Page 3 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-10-22-13min.doc Defayette moves amend the minutes as discussed tonight and continue approval of the minutes to the next meeting. Seconded by Butler. ALL AYE...MOTION CARRIES. A. Memorandum of Understanding between the City of Eagle and Japheth,LLC: Japheth, LLC, represented by Doug Clegg, is requesting approval of a Memorandum of Understanding between the City and Japheth, LLC to allow the removal of the berm located between Guerber Park and Echohawk Way as part of the gravel pit reclamation process. The material removed from the berm is proposed to be used in the reclamation of the expired gravel pit formerly located within the preliminary plat of Arbor Ridge Subdivision. The 25.9-acre site is located near the northwest corner of Hill Road and State Highway 55. This item was continued from the October 8, 2013 meeting. Mayor Reynolds introduces the item. Doug Clegg 1342 E. Covey Run Eagle, Idaho. He has met with the neighbors and addressed approximately 8 specific items including: berming, work hours (8:00 a.m. to 5:00 p.m.), providing a letter of credit, location of the pedestrian path, Highway 55 landscaping improvements, berming between new homes and Guerber Park, work with the City to provide access to the irrigation system. Discussion. City Attorney Buxton, states there will be another MOU that will fully incorporate the items Mr. Clegg, City Staff and Mr. Clegg's attorney. Steve Deckers, 2249 Dickey Circle Eagle, Idaho. Mr. Clegg's statements do accurately reflect the meetings that took place. He cautions the City that it is a substantial amount of value that the City is transferring to Mr. Clegg, so be sure to get adequate quid pro quo for that. The amount of materials that are there,that if it had to be trucked in from offsite represent about $1.2 million dollars. So when you go onto the MOU, but also the subsequent land use make sure there is adequate buffer that enhances the park. To protect the neighbors and the users of the park. Discussion. Angela Deckers 2249 Dickey Circle Eagle, Idaho. Mr. Clegg has agreed to operating hours of 8- 5 weekdays only, no weekends or holidays. Discussion. City Attorney Buxton, relays the history of this specific site, interaction with Mr. Clegg. They will bring something back addressing the actual reclamation work, the removal of the material and the end product the City will get on the property dealing with the berms, bringing the irrigation in from Highway 55 and the Farmers Union Area. There has always been an agreement that any excess water rights that are not necessary for the project would be transferred to the City. The transfer of these rights has been agreed to by Mr. Clegg. Discussion regarding legal requirements for public works sole source notifications and MOU options. Butler moves to approve the memorandum of understanding between the City of Eagle and Japheth LLC as provided at the last meeting,with modifications to be worked on between City Attorney and Japheth LLC. To include the following: A notice for bid shall be put out as discussed by City Attorney; the hours of operation shall be between 8-5 on weekdays, except that no work shall be done on weekends and holidays; a method shall be provided for dust suppression in accordance with DEQ; no lighting shall be used during work unless there is some sort of emergency; there shall be language included that generally states that any water rights that are left over,after the water rights necessary for the development of the property shall be donated to the City of Eagle; the applicant shall provide a letter of credit for the reclamation work that is being represented in their plans to ensure work will be completed; the applicant shall provide a 3-D architectural review of what the project will look like with the application submitted for comprehensive plan amendment; the Page 4 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-10-22-I3 min.doe applicant shall ensure that the new pedestrian will not be adjacent to the neighbors fence in their backyards as discussed in tonight's meeting; the applicant shall ensure that the landscaping along Highway 55 which will be part of the development will be cleaned up and meet Design Review Standards of the City of Eagle; the applicant shall,in part of the development,if approved by the City, include a berm that separates the backyards of any new proposed homes from the Guerber Park and the view of the neighbors on the opposing side of the park, understanding that the neighbor's houses are quite a bit of higher and it wouldn't be expected that the berm be obnoxiously high.Defayette, Mark do you want to put a value on your letter of credit. Mark: I can't do that, that will have to be done...City Attorney Buxton: Under Idaho Code, any public works project on City property requires by State law a performance bond and a payment bond. So those things are already required by law, I know that you—unintelligible —but basically it lieu of a letter of credit you would have to provide those bonds. Seconded by Defayette. Discussion. Butler modify the conditions that says the extension of the irrigation facility to the park,along with the development plans shall be provided, if possible. Doug Clegg: comments on irrigation. Butler: modify the amendment to say something like,if there is extra water rights as previously referenced the applicant shall work with the City to extend the pipe over to the City property so we can actually use the water rights that are being donated to us. Second concurs. ALL AYE...MOTION CARRIES. 7. PUBLIC HEARINGS: Public Hearings are legally noticed hearings required by state law. The public may provide formal testimony regarding the application or issue before the City Council. This testimony will become part of the hearing record for that application or matter. A. PP-08-13 -Lockey Subdivision - Somerset Farms,Inc.: Somerset Farms, Inc., represented by Chris Todd with T-O Engineers, Inc., is requesting preliminary plat approval for Lockey Subdivision, a 40-lot(33-buildable and 7-common) subdivision. The 20.37-acre site is located on the south side of West Beacon Light Road approximately 630-feet east of North Park Lane at 3633 West Beacon Light Road. (WEV) This item was continued from the October 8, 2013 meeting. The public hearing remains open. 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 Mayor Reynolds introduces the item. Chris Todd 3047 E. Shadow Drive Eagle, Idaho with T-O Engineering representing Lockey Subdivision. Mr. Todd reviews the application. Zoning Administrator Bill Vaughan states the development agreement was included in the packet for review. He makes himself available for questions. Discussion regarding density. Mayor opens the public hearing. Patricia Minkiewicz Deerfield Court Eagle, Idaho. Ms. Minkiewicz would like to know if Council member Pierce can see us via Skype? She lives in a large subdivision across from the proposed Lockey Subdivision. She could not located the 2007 development agreement that had been previously referred to when she requested a copy of it, she was provided one that was executed in May 2013. Ms. Minkiewicz states that the annexation and rezone ordinance was just passed in September of this year. The dates don't seem to line up. This is of concern, but she Page 5 K\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-10-22-13min.doc does not want an explanation. What is done is done. She would like the plat amended to combine frontage lots to make 1 acre lots and this would provide better lot transition and it would set a better precedence for future development around Eagle Road. It would also preserve the rural feel of Eagle. Sommerset should address the concerns of the residents that abut Beacon Light Road. Defayette asks if Ms. Minkiewicz's subdivision would ever consider annexing into Eagle City limits. Ms. Minkiewicz: No, absolutely no desire. It would be too expensive. David Christensen 424 Monarch Eagle, Idaho. He inquires as to the calculation of density. Butler explains that density is figured on buildable lots only, not common area lots. Discussion regarding density calculations. Zoning Administrator Vaughan explains that City Council had approved the development agreement in 2007, but it wasn't executed until this year. There wasn't anything in City Code that designated a time frame for which the development agreement must be executed within, thus it was allowable that the agreement that was approved in 2007 was executed in 2013. After the agreement was signed, the annexation and rezone ordinance was brought before Council for action in September of this year. Thus nothing illegal or inappropriate occurred regarding the processing of the development agreement and the annexation of the property in question. The City has since brought forth and approved an ordinance that designates an execution time frame for these agreements so that there won't be such vast passage of time between approval and execution in the future. .. Discussion regarding lot size and placement. Mr. Todd and Paul Johnson represents Sommerset Farms rebut testimony. Mr. Johnson reviews the calculation of the density of the property. He comments on the property and the development agreement. Council member Butler is concerned that a lot adjustment has been done and the property pertaining to the original development agreement has thus been altered. City Attorney Buxton states there may be a mistake of fact. Discussion. Mayor closes the public hearing. Butler moves to approve PP-08-13-Lockey Subdivision- Somerset Farms,Inc.with the plat that is submitted tonight with the 3 lots that are adjacent to Beacon Light at the end of the cul-de-sac changed to be 2 lots,lots 23,24,25 as shown on the plat submitted tonight and allow the developer to not be required to install amenities into the open space area and to have the open space area be open space. Seconded by Defayette. Discussion. Butler clarifies that the required trees and buffers still need to be required, as well as any fencing as required by the Design Review that needs to be put in. He wants to add for discussion, too, that he agrees that this is ridiculously dense for the area, but this does have rights by the development agreement, the Council has done everything that they can to make it as tight as possible. ALL AYE...MOTION CARRIES. B. CU-06-13—Restaurant with Drive-Thru— Eagle River Hospitality,LLC: Eagle River Hospitality, LLC, represented by Phil Hull with The Land Group, Inc., is requesting a conditional use approval for a 2,000 sq.ft. restaurant with drive-thru. The 2.96-acre development is generally located on the east side of South Eagle Road (SH-55)approximately 145-feet south of the intersection of East Riverside Drive and South Eagle Road (SH-55), Lot 6, Block 4, Mixed Page 6 K.\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-I0-22-I3min.doc Use Subdivision No.2, at 145 East Riverside Drive. (WEV) Mayor Reynolds introduces the item. 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 Tamara Thompson with the Land Group representing Eagle River Hospitality. Ms. Thompson reviews the application and stands for question. City Planner, Kristy Heller reviews the staff report and makes herself available for questions. Mayor opens the public hearing. No one chooses to speak. Mayor closes the public hearing. Butler moves to approve CU-06-13—Restaurant with Drive-Thru— Eagle River Hospitality,LLC as presented with the standard and site specific conditions of approval as approved by the Planning and Zoning Commission. Seconded by Grasser. ALL AYE...MOTION CARRIES. 8. NEW BUSINESS: A. 201301484 ZOA—Ada County Zoning Ordinance Amendment—Shawn Nickel: Shawn Nickel with SLN Planning is proposing to amend the Ada County Code to allow Outdoor, Self Service Storage Facilities within the RUT zoning district as a conditional use.Ada County Transmittal Mayor Reynolds introduces the item. Shawn Nickel 1589 N. Estancia Place Eagle, Idaho. Mr.Nickel reviews the application. Zoning Administrator Vaughan provides comment on the zoning ordinance amendment.. Discussion. Butler moves to support the code amendment. Seconded by Defayette. ALL AYE...MOTION CARRIES. Mayor calls a 5 minute recess. Butler would like to combined items B &C. Seconded by Defayette. ALL AYE...MOTION CARRIES. B. Discussion of Ada/Eagle Sports Complex - Public Comment is encouraged C. Property purchase(Ada/Eagle Sports Complex) request from Ada County Commissioners— Public Comment is encouraged Mayor Reynolds introduces the item. Council member Butler gives an overview of the City's approval of the Terrain Park and the subsequent joint meeting with the Ada County Commissioners. This is a follow up to the motion that was made at that meeting to look into purchasing some of the property from Ada County. Discussion amongst the Mayor and Council. Page 7 K.\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-10-22-13min.doc Mark Pyper 855 E. Shadow Creek Lane Eagle, Idaho. The opportunities to recreate are great for Eagle. He would seriously like to investigate a board park as it would differentiate Eagle from other areas and what they offer. He would support the use of tax dollars for this; he has not analyzed the numbers but would like it to be seriously looked at. It is a resource the City should try and retain. Morgan Smith 1763 N. Seven Oaks Way Eagle, Idaho. He supports this program 100%. He agrees with what was previously said. If it means working a deal with the Ada County Commissioners we should do. Mr. Smith offers to volunteer his time to assist in pursuing this, if it means fundraising, going door-to-door whatever it takes. Bev Ross 9989 Jayne Eagle, Idaho. She has lived there before the park was there. Ms. Ross is an Ada County resident, not an Eagle tax payer. She is concerned that policy and procedures have not been followed while pursing the terrain park venture. She feels the issue should be taken to Eagle voters similar to the Boise foothills bonds. Perhaps the terrain park could look into Eagle Island Park. There will be a negative impact to traffic and noise. Ms. Ross is concerned with recent trail work that may cause an increase in erosion during rain storms. There should be more thought, planning and notice to neighbors instead of this being shoved down peoples throats. Discussion regarding the old bar property and the hazards associated with the same. Joan Johnston 10770 Jayne Road Eagle, Idaho. The Ada County Commissioners would like fair market value for the land. Eagle City Council would like the land donated. She is concerned with the commercial business being allowed on public land. Ms. Johnson does not feel that proper notice has been given, a competitive bid process should take place, a lot has been happening behind closed doors and the process should start over. Garret Kerr 252 W. Meadow Ridge Lane Eagle, Idaho. Mr. Cur is 28 years of age and just closed on a home this morning at 2094 N. Trail Creek Lane. He is now a very close neighbor to the terrain park. He is very excited about the project; it will be an asset of the community. As with Mr. Pyper, he hasn't crunched the numbers, it has to financially make sense for the citizens of Eagle but he would be in favor. Foad Roghani, 175 S. Rosebud Eagle Idaho (business address). He is not in favor or against as he doesn't have enough information. Having said that he is against the project. To approve a project for a for profit organization, you were elected to be fiscally responsible with the revenue for Eagle tax payers. What does the City get out of this? Very few people in favor live in Eagle. Mr. Roghani states that he is one of the biggest tax payers in the City of Eagle, though he does not live in Eagle, he is a large tax contributor. He would like to know the liability to the tax payers. There has been improper notice and lack of transparency regarding this meeting. People were talking about this a year ago, but it wasn't brought forward to the public until May of this year. Eagle Island State Park would be a better site. The elected officials are fiscally responsible for all decisions they make. Teresa Yragui 1362 N. Echo Creek Place Eagle, Idaho. Was surprised to hear the City was considering purchasing the land when we already lease it. There seems to very mixed feelings about support for the purchase of the property. To charge for the use of the property when it is now free and open to the public for use. Ms. Yragui, as an Eagle taxpayer and is opposed to the purchase of the property. It is not reasonable to presume the tax payers are in favor of the purchase. Council Member Butler discusses his idea for the purchase of the entire 285 acres. Discussion. Page 8 K.\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-10-22-13min.doc Chris Todd 3047 E. Shadow Wolfe Drive Eagle, Idaho. He lives kitty corner to the Sports Complex and enjoys the park quite often. These types of uses should seriously be considered. It is up to the Council to know the details and finances, but this would only be an asset to the fabric of our community. The park certainly doesn't get used in the winter so the terrain park would be great use. Why not enlarge it and make it even grander. I think the City has done a great job. People get caught up in the terms transparency and budget, but let's look at the things the city has done. It is common for people to be NIMBY's—not in our back yard. This would be a gem for the Treasure Valley. Jeff Kunz, 2213 E. Skokie Drive Eagle, Idaho. He was at the Joint County Commissioner meeting, and there was a very clear different interpretation of the land lease agreement between the City and the County. He was part of the Committee that started to do the due diligence, but it has by no means been completely done and vetted. Mr. Kunz states that Bruce Wong with Ada County Highway District stated that the City had not specifically contacted them for analysis of this use. A staff member with ACHD was contacted and a personal opinion was given by a staff member but no formal review was done. The project was not handled appropriately, other stake holders should have been contacted sooner as this project was initially coming forward. It should have been handled similar to how the Committee to Purchase City Hall was handled. Brad Nelson 2219 E. Shalimar Drive Eagle, Idaho. Perhaps portions of this process could have been handled better, but the investment that Mr. Neptune is bringing forward will be worth it. Having not been involved in City proceedings it seems this has been properly vetted and noticed for the open houses and public comment. Was this type of notice and process done for Guerber Park? or other Eagle Parks or is this a special case. There is a cost for the maintenance of the infrastructure. Is the real issue a pay to play for 7 acres? The revenue could be used to help offset the maintenance of the infrastructure. Having worked with the 2 headed monster of the County and City when the Velodrome project was going on is quite cumbersome. If the City has the opportunity to purchase and the price is right he would be in favor of moving forward. Otherwise, every time there is a turn over of County Commissioners you run the risk of ending up at ground zero again. Ed Newgen 3106 E. Shadow View St. Eagle, Idaho. There is a charge to race at the BMX events. The remainder of the time the track is open for free public use. Patrica Minkiewicz Deerfield Court Eagle, Idaho. She is learning a lot this evening. A lot of people have asked her about the City purchasing the park. She attended the joint meeting and she was confused with what happened at the end. Ms. Minkiewicz is seeing clarification on what land the Commission and Council were discussing purchasing. Can the City purchase land without a vote of the people? Butler states there is development impact fee money that was approved via a public hearing. We are seeking public comment on that matter now. Mark Miller 646 E. Palmetto Drive Eagle, Idaho. A small business owner that would benefit from the Terrain Park. He saw Commissioner Case yesterday and the Commissioners are very concerned with liability and they feel they should have been brought into the loop sooner. The Commissioners are not interested in donating any property. Mr. Miller had three individuals enter his store this summer from British Columbia that were looking for the Bike Park, so it is an asset. The challenge with the Commissioners is great Robert Bauns 2930 E. Gold Creek Street Eagle, Idaho. He reminds the Council that this is a residential area. There was an event this weekend at the Sports Complex and he had to listen to the loud speakers all weekend. He has been here 18 years and has retired and now has to contend Page 9 K.\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-IO-22-13 min_doc with this. The roads are not built for heavy buses. The damage that the busses cause to the roads will be paid for by tax payers. Anthony Rupley 3468 E. Presidential Drive Meridian, Idaho. Recently moved from Phoenix and one of the main reasons he moved to Idaho was the bike park. He called Ed Newgen (BMX) prior to moving up, and while he and his wife did end up in Meridian he spends 3-4 nights a week in Eagle visiting Eagle restaurants and stores. The Terrain Park will draw even more people. Discussion. Butler moves to write a letter to Ada County, a nice letter, asking them to donate the 248 acres and explain that it is public ground and we think it would be in the best interest of the public to not have the 2 agencies involved. We don't want to see arguments and attorneys and all of this kind of thing just costing the public money. And think it would be in the best interest of the community for the City to own it and think that they(the County) should donate it. Seconded by Defayette. Discussion. Butler Call For The Question. BUTLER: AYE; GRASSER AYE; DEFAYETTE AYE; PIERCE AYE. MOTION CARRIES. 9. EXECUTIVE SESSION: Pending & Threatened Litigation 67-2345 (c) & (f) 67-2345. Executive sessions-- When authorized. (1)An executive session at which members of the public are excluded may be held, but only for the purposes and only in the manner set forth in this section. The motion to go into executive session shall identify the specific subsections of this section that authorize the executive session. There shall be a roll call vote on the motion and the vote shall be recorded in the minutes. An executive session shall be authorized by a two-thirds(2/3)vote of the governing body. An executive session may be held: (c) Acquisition of Private Property: To conduct deliberations concerning labor negotiations or to acquire an interest in real property which is not owned by a public agency; Pending or Threatened Litigation: (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 Reynolds introduces the issue. Butler moves to go into Executive Session 6723 (f) for pending and threatened litigation and acquisition of private property regarding Laguna Pointe pathway, discuss the lease between the City of Eagle and Ada County for the park on the east side of Horseshoe Bend Road, and the other one is to discuss water issues that Bruce Smith is here to talk to us about. Seconded Defayette. BUTLER: AYE; GRASSER AYE; DEFAYETTE AYE; PIERCE AYE. MOTION CARRIES. ALL AYE...MOTION CARRIES Council goes into Executive Session at 10:25 p.m. Council discusses the Laguna Pointe pathway,the Ada/Eagle Sports Complex lease agreement, and water rights issues. Council leaves Executive Session at 11:45 p.m. Page 10 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-10-22-13min.doc Butler moves to advise the Mayor to sign the documents regarding water rights as indicated by City Attorney Smith. Seconded by Grasser. ALL AYE...MOTION CARRIES. Butler moves to instruct the Mayor to meet with Larry Renkover to have him give us a proposal on what he would charge to work toward negotiating a purchase of the entire 263 +1- acres of parkland and the proposal include a proposal for an appraiser. Seconded by Defayette. Discussion. ALL AYE...MOTION CARRIES. 10. ADJOURNMENT: Butler moves to adjourn. Seconded by Defayette. ALL AYES: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 11:50 p.m. Respectfully submitted: —... – ,�,.3ti... ••'' OF EA0•••'••. SHARON K. BERGMANN �.•'� , ••••••'•••.k CITY CLERK/TREASURER : � �QORgi� • . • PPROVED: :* • ST;pt. S �� .r INtlti tK,�n� �,�� LA #.# i4 • /14 /�� ••�'•, "ATE OF�� JAMES D. RE I' DS •##''••••••••"'**� MAYOR AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL UPON REQUEST. Page II K.\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-I0-22-13min,doc PUBLIC COMMENT SIGN-UP EAGLE CITY COUNCIL MEETING AGENDA ITEM: 8B: Discussion of Ada/Eaele Snorts Complex The public is encouraged to provide comment on this item. October 22, 2013 NAME (please print) ''I/ /0.41 ' G k*\��V�L Pe_ qt) c)fv\Ait AU1)RESS U Loct hble cv, 1� s 70 NN. f JLLs a mac" _ /3 s c- AJ r;2l ) a 13GCL k. S-f17C.3 at9.4m - LC cs„N)Y,_),\1.1<.,1--,.).) Froc/ %c3 \ cks'l jt.1(21-k►�� `� , TESTIFY YES/NO I0 PRO/ CON or NEUTRAL 7 kip CO3-\ k ski -A r -\Lc_ SES Jo -1-70 Jnrti R 2 Z 1 175 --k?‘,c5 e lj��c�l L n 1\1 ccii3O \/.&z, 1 CGrN, con PUBLIC COMMENT SIGN-UP EAGLE CITY COUNCIL MEETING AGENDA ITEM: 8B: Discussion of Ada/Ea2Ie Sports Complex The public is encouraged to provide comment on this item. October 22, 2013 TESTIFY PRO/ CON or NAME (please print) ADDRESS YES/NO NEUTRAL 2 PUBLIC COMMENT SIGN-UP EAGLE CITY COUNCIL MEETING AGENDA ITEM: 8B: Discussion of Ada/Eagle Sports Complex The public is encouraged to provide comment on this item. October 22, 2013 NAME (please print) ADDRESS TESTIFY PRO/ CON or YES/NO NEUTRAL PUBLIC COMMENT SIGN-UP EAGLE CITY COUNCIL MEETING AGENDA ITEM: 8B: Discussion of Ada/Eagle Sports Complex The public is encouraged to provide comment on this item. October 22, 2013 TESTIFY PRO/ CON or NAME (please print) ADDRESS YES/NO NEUTRAL PUBLIC COMMENT SIGN-UP EAGLE CITY COUNCIL MEETING AGENDA ITEM: 8B: Discussion of Ada/Eagle Snorts Complex The public is encouraged to provide comment on this item. October 22, 2013 TESTIFY PRO/ CON or NAME (please print) ADDRESS YES/NO NEUTRAL 5 PUBLIC COMMENT SIGN-UP EAGLE CITY COUNCIL MEETING AGENDA ITEM: 8C: Property Purchase (Ada/Eaele Sports Complex) request from Ada County Commissioners The public is encouraged to provide comment on this item. October 22, 2013 NAME (please print) --1;51,1 Cole 71i 19 ADDRESS v,/, L) 5/c S'f ,e o 837/./ fe ry Cc , n S' j co (L TESTIFY PRO/ CON or YES/NO NEUTRAL PUBLIC COMMENT SIGN-UP EAGLE CITY COUNCIL MEETING AGENDA ITEM: 8C: Property Purchase (Ada/Earle Snorts Complex) request from Ada County Commissioners The public is encouraged to provide comment on this item. October 22, 2013 TESTIFY PRO/ CON or NAME (please print) ADDRESS YES/NO NEUTRAL. PUBLIC COMMENT SIGN-UP EAGLE CITY COUNCIL MEETING AGENDA ITEM: 8C: Property Purchase (Ada/Eagle Sports Complex) request from Ada County Commissioners I'he public is encouraged to provide comment on this item. October 22, 2013 TESTIFY PRO/ CON or NAME (please print) ADDRESS YES/NO NEUTRAL PUBLIC COMMENT S1GN-UP EAGLE CITY COUNCIL MEETING AGENDA ITEM: 8C: Property Purchase (Ada/Eaele Sports Complex) request from Ada County Commissioners The public is encouraged to provide comment on this item. October 22, 2013 TESTIFY PRO/ CON or NAME (please print) ADDRESS YES/NO NEUTRAL PUBLIC COMMENT SIGN-UP EAGLE CITY COUNCIL MEETING AGENDA ITEM: 8C: Proaerty Purchase (Ada/Eagle Snorts Comalex) request from Ada County Commissioners The public is encouraged to provide comment on this item. October 22, 2013 TESTIFY PRO/ COIN or NAME (please print) ADDRESS YES/NO NEUTRAL 101-Wi7) PIJL/CE CITY of EAGLE CITY OF EAGLE POLICE MONTHLY REPORT SEPTEMBER 20 1 3 GROUP A NIBRS CRIME* YTD 2012 2013 Clearance Rate 20 13 YTD July Past 3 Months August September Person Crime* Property Crime" Society Crime* Total Felony Misdemeanor 60 a, a, E (..) 40 a 20 v 0 0 sc 57 251 70 378 162 216 77 181 48 306 113 193 41.6% 14.4% 89.6% 33.0% 20.4% 40.4% 3 21 7 31 16 15 12 19 10 41 II 30 0 14 2 16 5 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep a '10-'12 Normal Range ■Person °Property ■Society Group A NIBRS Crime include the Person, Property, and Society offense categories listed below 'Person Crimes Assault Homicide, Kidnapping/ Abduction, Forcible and Non -forcible Sex Offenses Property Crimes' Arson, Bribery, Burglary. Counterfeiting/ Forgery, Destruction/ Damage/ Vandalism of Property, Embezzlement, Extortion/ Blackmail, Fra.id Offenses. Larceny/ Theft Offenses, Motor Vehicle Theft, Robbery, Stolen 'Society Crimes Drug/ Narcotic Offenses Gambling, Pornography/ Obscene Material, Prostitution, Weapon Law POLICE ACTIVITY YTD Past 3 Months 2012 2013 July August September Calls For Servicet (Total) Total Response Time Code 3$ Calls For Service Code 3$ Response Time Proactive Policing -r Reports (DR's) Arrests§ Citations 1500 cu 1000 •-a 6 500 It 0 3.270 7:11 67 3:37 8,217 905 219 702 3,330 8:01 84 3:19 8,351 923 209 653 428 6:41 10 3:43 920 104 27 76 461 8:00 9 2:33 872 96 29 73 337 8:11 9 2:58 935 65 14 62 Oct Nov Dec Jan Provided by ACSO/CAU/aa-te Feb Mar Apr May Jun Jul Aug Sep ■ Proactive Policing ■ Calls for Service Data obtained from New World, CAD, !STARS and !TD WebCars databases CITY OF EAGLE POPULATION COMPASS 2012: 20,550 COMPASS 2013: 21,350 Change 3.9% GROUP A NIBRS CRIME RATE YTD (PER 1,000) 2012: 18.4 2013: 14.3 % Change -22.1 201 2 CLEARANCE RATES (as of March 2013) Person: 55.1% Property: 34.1% Society: 82.7% Total: 46.2% Felony: 43.9% Misdemeanor: 47.9% 1 SEPTEMBER 2013 TOP CALLS FOR SERVICE Alarm (32) Vehicle Crash (32) Welfare Check (26) Reckless Driver (22) Check for Illegal Activity (19) Suspicious Situation (19) Drunk Driver (18) $Calls For Service: Citizen generated calls (911, non -emergency number, and cell tProactive Policing Traffic stops, field interviews, flag downs, citizen contacts, directed patrols, selective traffic enforcement, & problem solving, Code 3 Call requinng an Emergency Response when one or more of the following conditions is believed to exist situation involves imminent potential for serious injury or death to any persons, in order to prevent or halt a crime of violence, when a serious public hazard exists, or emergency response will enhance the §Arrest totals are based on the area in which the onginal crime occurred Data quened 10/10-15/13 SELECTED CRIMES/INCIDENTS Burglary: Vehicle Residential Commercial Vandalism Domestic Battery/Assault Property/Securityl Construction Site Checks Welfare Check Incidents Suicide -Related Incidents" 2012 2013 July 49 47 12 47 17 2,967 212 46 21 19 10 49 32 3,038 201 50 5 3 2 279 20 3 3 Months ugust September 9 7 312 25 6 5 0 383 28 4 "Suicide -Related Incidents include Suicide, Attempted Suicide. Suicidal Subject, Hangirg, Mental Hold, and Overdose (Please note that overdoses can be accidental or intentional ) TRAFFIC Total Crashes Property Damage Personal Injury Fatal 0 10 2,973 30 299 Alcohol -Related Crashes Traffic Stops DUI Arrests loving Citations # of Crashes 40 30 20 10 0 2012 2013 July 172 124 48 179 129 50 0 3 2,350 38 274 19 12 7 0 296 7 27 Mo hs ugust September 60 50 40 30 20 10 0 JUVENILE CRIME (by # of juveniles) Sep 7 Aug 2 Jul 7 Aug 2 waren Q1 4 Property 1 Society SEPTEMBER 2013 CRASHES BY TIME OF DAY 14 17 0000-0600 hrs 0 10 I 1 0600-0900 hrs 6 4 6 0900-1200 hrs 1 0 0 1200-1500 hrs 4 0 0 1500-1800 hrs 5 241 246 1800-2100 hrs I 3 5 2100-0000 hrs 0 29 34 CRASHES BY DAY OF WEEK Jan Feb Mar Apr May Jun Jul Aug Sep '10-'12 Normal Range Property Damage 0 Personal Injury Fatal Provided by ACSO/CAU/aa-ta Data obtained from New World. CAD, !STARS and !TD WebCars databases Sunday 0 Monday 3 Tuesday Wednesday 4 Thursday 2 Friday 4 Saturday 3 TOP CRASH CONTRIBUTING CIRCUMSTANCES Following Too Close (2) Inattention (2) JUNE - AUGUST 2013 TOP CRASH INTERSECTIONS Eagle Rd & State St (5) Eagle Rd & Chinden Blvd (4) Chinden Blvd & Locust Grove (3) Highway 44 & Edgewood (2) Eagle Rd & Colchester Dr (2) Data quened 10/10-15/13 PUBLIC COMMENT SIGN-UP EAGLE CITY COUNCIL MEETING AGENDA ITEM: SC: Property Purchase (Ada/Eagle Sports Complex) request from Ada County Commissioners l he public is encouraged to provide comment on this item. October 22, 2013 NAME (please print) s o o�oA-- 6r1 Ci �(1�-- � � ` rye LJ CC/ R-03140.1, ADDRESS ( 5-70 l4 o : z ' 4 l,(/.41 c V U ./J "75 S )?0) e J L TESTIFY PRO/ CON or YES/NO NEUTRAL y CO PUBLIC COMMENT SIGN-UP EAGLE CITY COUNCIL MEETING AGENDA ITEM: SC: Property Purchase (Ada/Eaele Snorts Complex) request from Ada County Commissioners The public is encouraged to provide comment on this item. October 22, 2013 NAME (please sprint) ADDRESS z TESTIFY PR()/ CON or YES/NO NEUTRAL PUBLIC COMMENT SIGN-UP EAGLE CITY COUNCIL MEETING AGENDA ITEM: 8C: Property Purchase (Ada/Eagle Sports Complex) request from Ada County Commissioners The public is encouraged to provide comment on this item. October 22, 2013 TESTIFY PRO/ CON or NAME (please print) ADDRESS YES/NO NEUTRAL 3 1 PUBLIC COMMENT SIGN-UP EAGLE CITY COUNCIL MEETING AGENDA ITEM: 8C: Property Purchase (Ada/Earle Sports Complex) request from Ada 1 County Commissioners The public is encouraged to provide comment on this item. October 22, 2013 TESTIFY PRO/ CON or NAME (please print) A1)1)RESS YES/NO NEUTRAL PUBLIC COMMENT SIGN-UP EAGLE CITY COUNCIL MEETING AGENDA ITEM: 8C: Property Purchase (Ada/En1e Snorts Complex) request from Ada County Commissioners The public is encouraged to provide comment on this item. October 22, 2013 NAME (please print) ADDRESS TESTIFY PRO/ CON or YES/NO NEUTRAL PUBLIC COMMENT SIGN-UP EAGLE CITY COUNCIL MEETING AGENDA ITEM: 8B: Discussion of Ada/Earle Sports Complex The public is encouraged to provide comment on this item. October 22, 2013 NAME (please print) (� ADDRESS OW GO ✓l/ O6z4 k `�C -fr /5'h nio gasp D 03-74 TES'I'IFY PRO/ CON or YES/NO NEUTRAL ,U (€),4 a2 17 (1 1 Zzt q J. Ale tsQ,r, <e, 1 pu.) P,0 PUBLIC COMMENT SIGN-UP EAGLE CITY COUNCIL MEETING AGENDA ITEM: 8B: Discussion of Ada/Eaule Sports Complex The public is encouraged to provide comment on this item. October 22, 2013 TESTIFY PRO/ CON or NAME (please print) ADDRESS YES/NO NEUTRAL 7 PUBLIC COMMENT SIGN-UP EAGLE CITY COUNCIL MEETING AGENDA ITEM: 8B: Discussion of Ada/Eagle Snorts Complex The public is encouraged to provide comment on this item. October 22, 2013 TESTIFY PRO/ CON or NAME (please print) ADDRESS YES/NO NEUTRAL 8 PUBLIC COMMENT SIGN-UP EAGLE CITY COUNCIL MEETING AGENDA ITEM: 8B: Discussion of Ada/EaE1e Sports Complex The public is encouraged to provide comment on this item. October 22, 2013 NAME (please print) ADDRESS TESTIFY PRO/ CON or YES/NO NEUTRAL PUBLIC COMMENT SIGN-UP EAGLE CITY COUNCIL MEETING AGENDA ITEM: 8B: Discussion of Ada/Eagle Sports Complex The public is encouraged to provide comment on this item. October 22, 2013 TESTIFY PRO/ CON or NAME (please print) ADDRESS YES/NO NEUTRAL i 0 EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP AGENDA ITEMr7A: PP -08-13 - Lockev Subdivision - Somerset Farms, Inc.: October 22, 2013 NAME ADDRESS s�/7 sA_D- �crJ I q(,6:f` c) ft/ (0)111:1,1a(A/L11)116 2- / i, i �z2cCJ' i 1: I ' / TESTIFY YES/NO e4Lietd-) .1\ -42 J ill t i 'L ot)ts PRO/ CON or NEUTRAL U �� S EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP AGENDA ITEM 7A: PP -08-13 - Locket/ Subdivision - Somerset Farms, Inc.: October 22, 2013 EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP AGENDA ITEM 7B: CU -06-13 — Restaurant with Drive-Thru — Ea21e River Hospitality, LLC: October 22, 2013 TESTIFY PRO/ CON or NAME ADDRESS YES/NO NEUTRAL EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP AGENDA ITEM 7B: CU-06-13 — Restaurant with Drive-Thru — EaEle River Hospitality, LLC: October 22, 2013 pA111-CREATIC €&NCEEL tWtIINESS MONTH WHEREAS in 2013, an estimated 45,220 people will be diagnosed with pancreatic cancer in the United States and 38,460 will die from the disease; WHEREAS pancreatic cancer is one of the deadliest cancers, is the fourth leading cause of cancer death in the United States, and is the only major cancer with a five-year relative survival rate in the single digits at just six percent; WHEREAS when symptoms of pancreatic cancer present themselves, it is late stage, and 73 percent of pancreatic cancer patients die within the first year of their diagnosis while 94 percent of pancreatic cancer patients die within the first five years; WHEREAS approximately 200 deaths will occur in Idaho in 2013; WHEREAS the incidence and death rate for pancreatic cancer are increasing and pancreatic cancer is anticipated to move from the fourth to the second leading cause of cancer death in the U.S. by 2020; WHEREAS the U.S. Congress passed the Recalcitrant Cancer Research Act last year, which calls on the National Cancer Institute to develop a scientific frameworks, or strategic plans, for pancreatic cancer and other deadly cancers, which will help provide the strategic direction and guidance needed to make true progress against these diseases; and WHEREAS the Pancreatic Cancer Action Network is the national organization serving the pancreatic cancer community in Eagle and nationwide through a comprehensive approach that includes public policy, research funding, patient services, and public awareness and education related to developing effective treatments and a cure for pancreatic cancer; WHEREAS the Pancreatic Cancer Action Network and its affiliates in Eagle support those patients currently battling pancreatic cancer, as well as to those who have lost their lives to the disease, and are committed to nothing less than a cure; WHEREAS the good health and well-being of the residents of Eagle are enhanced as a direct result of increased awareness about pancreatic cancer and research into early detection, causes, and effective treatments; therefore be it NOW THEREFORE, BE IT RESOLVED that the City of Eagle designate the month of November 2013 as DANCSEATIC CANCER. AWARElliE$1 DICONIM Ix EAGLE, IDAHO James D. Reynolds, Mayor J� /:ky PANCREATIC CANCER ACTION NETWORK Dear Mayor Jim Reynolds, As your constituent, and an Eagle resident since 2000 I am writing on behalf of the Pancreatic Cancer Action Network and the estimated 38,460 Americans who will die of pancreatic cancer in 2013, approximately 200 of whom live in Idaho. In 2013, pancreatic cancer will afflict more than 45,220 Americans, 73% of whom will die within one year of their diagnosis, and 94% of whom will die within five years of diagnosis. am however...one of the lucky ones, as I am a survivor of eight years. I appreciate every day that I have been blessed with and am committed to giving back & helping others in Idaho to fight this dreadful disease. Hence the reason myself & a few other dedicated volunteers started the first affiliate for Pancreatic Cancer in Boise. Our all -volunteer group is trying to raise awareness throughout Idaho & raise funds for research into detection & hopefully someday a cure. To date, pancreatic cancer is the fourth leading cause of cancer death in the United States, and is the only major cancer with a five-year relative survival rate in the single digits at just six percent. Furthermore, the incidence and death rate for pancreatic cancer are increasing, and pancreatic cancer is anticipated to move from the fourth to the second leading cause of cancer death in the U.S. by 2020. We need your help to shine a spotlight on this disease and finally make progress in developing treatments and early detection tools. By issuing a proclamation supporting the observance of November 2013 as Pancreatic Cancer Awareness Month in Eagle, you can help us to raise awareness in our community. I have attached a draft of the proclamation text for your review. I am happy to provide additional official Pancreatic Cancer Action Network material, including pancreatic cancer facts and statistics and NCI funding information, upon request. We request that one original of the proclamation be made available for our records. I would also like to request a photograph, if possible, of myself receiving the proclamation from you at our next town council meeting. Please contact me at 208-573-0689 with any questions. I look forward to working with you to issue a proclamation that will recognize November as Pancreatic Cancer Awareness Month and bring much needed attention to this deadly disease. Thank you for your interest in this important issue. Sincerely, n Bradley Pancreatic Cancer Survivor & Affiliate Coordinator 232 S. Hobbs Place Eagle, ID 83616