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Minutes - 2014 - City Council - 07/08/2014 - Regular EAGLE CITY COUNCIL Minutes July 8, 2014 PRE-COUNCIL AGENDA: 5:30 p.m. - 6:30 p.m. 1. Library Director's Report: Steve Bumgarner distributes the June 2014 Usage Statistics, discusses the same and also discusses the Summer Reading Program. On August 8th it is the end of the Summer Reading Program. Provides Council an overview of the Strategic Plan. 2. Ada County Highway District Commuter Ride: Maureen Gresham, Commuteride Manager, will give a presentation on who is Commuteride, what services they provide, and how they (Commuteride and the City) can partner on future projects/efforts. Maureen Gresham presents a power point and discusses the same. General discussion. 3. Mayor and Council Reports: Mayor: None McFarland: None Butler: None Kunz: None 4. City Hall Department Supervisor Reports: PR/Facilities Director Aho: displays his reports; discusses the Fire Wise Garden, the septic tank issue at the Eagle Sports Complex which will now be on a two year maintenance cycle, the 1,000 feet of construction fencing that has been put up at Guerber Park. An Eagle Scout has put up mile markers on the Greenbelt trail and there is another Eagle Scout sign project on the Greenbelt trail. Discusses the sealing of the impact pads at the park which costs $3,000 a year instead of replacement, also the street tree replacement is almost finished and we have done work on the Guerber Park trail which I will report on later. City Clerk/Treasurer Bergmann: None 5. City Attorney Report: None Page I K:\COUNCIUMINUTES\Temporary Minutes Work Area\CC-07-08-14min.doc 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: MCFARLAND, BUTLER, KUNZ, RIDGEWAY. Ridgeway is present by telephone conference. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Mayor Reynolds leads the Pledge of Allegiance. 4. ADDITIONS, DELETIONS OR MODIFICATIONS TO THE AGENDA: Kunz amends the Agenda to pull Consent Agenda Item #6C Final Development Plan and Final Plat for Snoqualmie Falls Subdivision No. the developer has request an opportunity to discuss an issue before the Council, I would also request that we remove for further discussion Items #6E Noise Waiver Request: Lori Swanson, Event Coordinator for Baldapalooza Music Festival, she has requested time to make a very brief presentation, and add a New Business Item #9C related to Eagle Parks LLC and the Concession Agreement at the Ada/Eagle Sports Complex. Seconded by Butler. Discussion. City Attorney Buxton would like an Executive Session for the Acquisition of Private Property 672345 (e). Kunz so amended. Second concurs. ALL AYES: MOTION CARRIES 5. PUBLIC COMMENT: Mayor: I would like to ask that we all behave tonight in a very civil way. When you come to the podium to speak to us please speak into the microphone, stand 4"-6" away, begin by stating your name and address and please avoid answering questions from the audience. If you have something to say please come forward so everyone can hear you. If you are representing a group we will give you up to 10 minutes and if you are speaking individually we would like you to limit it to 3 minutes. If you have a slide presentation or video please bring it to the City Clerk by 5:00 p.m. so it can be included in the meeting. Please note that all people here have an opportunity to speak and even though they may disagree with you or you with them they still have a right to be heard and therefore we are not Page 2 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-07-08-14min.doc going to put up with any applause, yelling, disruption or anything that would intimidate others. If it happens we will warn you once and if it happens again Sgt. Calley is here to interject himself in that activity. Tom Wringle, at the meeting last week there was discussion about the modeling by Compass and I'm just wondering when the committee is going to be formed. Councilmember Kunz states that the modeling at Compass is not completed so the committee has not been formed. Wringle: I also am wondering about the Eagle on the sign over Eagle Road. Park/Rec Director Aho states that the Eagle itself is still being made and the estimated date for it to go up is mid-July but we are going to paint the post so it could be later. 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. 6. CONSENT AGENDA: ♦ Consent Agenda items are considered to be routine and are acted on with one motion. There will be no separate discussion on these items unless the Mayor, a Councilmember, member of City Staff, or a citizen requests an item to be removed from the Consent Agenda for discussion. Items removed from the Consent Agenda will be placed on the Regular Agenda in a sequence determined by the City Council. ♦ Any item on the Consent Agenda which contains written Conditions of Approval from the City of Eagle City Staff, Planning & Zoning Commission, or Design Review Board shall be adopted as part of the City Council's Consent Agenda approval motion unless specifically stated otherwise. ♦ A. Claims Against the City. ♦ B. Minutes of June 14, 2014. ♦ C. FPUD-02-14 & FP-07-14 — Final Development Plan and Final Plat for Snouualmie Falls Subdivision No. 5 — Horseshoe Page 3 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-07-08-14min.doc Flats, LLC.: Horseshoe Flats, LLC, represented by Ben Thomas with Civil Innovations, PLLC, is requesting final development plan and final plat approvals for Snoqualmie Falls Subdivision No. 5, a 74-lot (69 buildable, 5 common) residential subdivision. The 21.18-acre site is generally located south of Floating Feather Road, between Linder Road and Palmer Lane, at the terminus of West Signature Drive. (WEV) • D. Findings of Fact and Conclusions of Law FPUD-03-14/FP- 11-14 — Final Development Plan and Final Plat for Bella Terra Subdivision No. 2 — Iron Mountain Real Estate, Inc. Iron Mountain Real Estate, Inc., represented by Kent Brown, is requesting final development plan and final plat approvals for Bella Terra Subdivision No. 2, a 48-lot (42-buildable, 6-common) residential subdivision. The 17.71-acre subdivision is generally located on the east side of North Linder Road north of Floating Feather Road (approximately 1,320-feet north of the intersection of North Linder Road and Floating Feather Road). (WEV) ♦ E. Noise Waiver Request: Lori Swanson, Event Coordinator for Baldapalooza Music Festival, is requesting a noise waiver to be used at Merrill Park, for September 4, 2014 until 12:30 a.m. Music will cease at 10:00 p.m., but breakdown and cleanup will continue until finished or cease by 12:30 a.m. ♦ F. Consultant Selection - Dry Creek Trail Phases 1 & 2: Select Holladay Engineering from ITD Term Agreement for Project Development Services on Dry Creek Trail Phases 1 & 2 (Key Nos. 13916 and 13917) and Submit ITD-2760 Request for Consultant Services. (MA) McFarland moves to approve the Amended Consent Agenda, Items #A, B, D, and F. Seconded by Kunz. McFarland: AYE; Butler: AYE; Kunz: AYE; Ridgeway: AYE: ALL AYES: MOTION CARRIES 6C. FPUD-02-14 & FP-07-14 — Final Development Plan and Final Plat for Snoqualmie Falls Subdivision No. 5 — Horseshoe Flats, LLC.: Horseshoe Flats, LLC, represented by Ben Thomas with Civil Innovations, PLLC, is requesting final development plan and final plat approvals for Snoqualmie Falls Subdivision No. 5, a 74-lot (69 buildable, 5 common) residential subdivision. The 21.18-acre site is generally located south of Floating Feather Road, between Linder Road and Palmer Lane, at the terminus of West Signature Drive. (WEV) Page 4 K:ACOUNCIL\MINUTES\Temporary Minutes Work AreaVCC-07-48-l4min.doc Mayor introduces the issue. Justin Martin, Horseshoe Flats, LLC, I am in agreement with the Staff Report but I just wanted the opportunity to talk to you about the sureties that are requested for landscaping and other items in the project. I'm okay with those except there is the issue that in front of the homes there is this 8' planter strip and we bond for that and request reductions from this over time. I would propose that there are a couple of other ways to handle this, we take a bond from the builder and the other way would be up to hold up occupancy permits until this landscaping is complete. I'm looking if there is any way to handle this any different. General discussion. Butler moves to approve FPUD-02-14 & FP-07-14 — Final Development Plan and Final Plat for Snoqualmie Falls Subdivision No. 5 with the Staff Conditions that are in the report with the understanding that staff and the applicant are going to work together to try to figure something out with regard to the sureties but not infringe on our policies. Seconded by McFarland. ALL AYES: MOTION CARRIES 6E. Noise Waiver Request: Lori Swanson, Event Coordinator for Baldapalooza Music Festival, is requesting a noise waiver to be used at Merrill Park, for September 4, 2014 until 12:30 a.m. Music will cease at 10:00 p.m., but breakdown and cleanup will continue until finished or cease by 12:30 a.m. Mayor introduces the issue. Lori Swanson, provides Council an overview of the Music Festival and her request for a Noise Waiver Request. The additional time is for breakdown and cleanup. The noise should be contained and under control by 10:00 p.m. Kunz moves to approve the Noise Waiver Request for Baldapalooza Music Festival at Merrill Park on September 5, 2014 until 12:30 a.m. Seconded by McFarland. THREE AYES: LOST CONTACT WITH RIDGEWAY: MOTION CARRIES 7. UNFINISHED BUSINESS: NONE Page 5 K:ACOUNCILA MINUTES\Temporary Minutes Work AreaACC-07-08-14min.doc 8. 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. CU-01-14 Personal Wireless Facility (Height-Over 35 Feet) Skyway Towers, LLC.: Skyway Towers, LLC, represented by Shawn Nickel with SLN Planning, is requesting conditional use permit approval for a camouflaged cell tower (defined as "personal wireless facility height-over 35-feet" in Eagle City Code). The proposed 2,500-square foot lease area is located approximately 835-feet southwest of the intersection of North Eagle Hills Way and North Wingfoot Place at the southern boundary of Eagle Hills Golf Course within the area containing hole #2. (WEV) Mayor introduces the issue. Mayor: Does anyone on Council have any exparte contact to declare? Butler: We have all had exparte contact, we have emails that have come in. I have had an email conversation with one gentleman who was very frustrated with the process and thought there was a conspiracy between myself, Shawn and Dave Beggrow. I contact the individual to talk about the process and to assure him that wasn't the case. This didn't bias my opinion. Shawn and I were in business years ago, this has been raised as a conflict, Shawn is one of my best friends. We haven't been in business together since 2006 when he started his own company. Dave Beggrow was a client of mine in 2005 for one project. I have discussed this with the City Attorney. I have no financial interest in this. Shawn and I are very good at not talking to each other about these types of things. I don't see how the cell tower meets our City Code. I will listen and be open but I am quite certain my vote will be against the cell tower. If the City Attorney thinks I should step down, I will step down. City Attorney Buxton: Mr. Butler I have reviewed the issue, I have talked to you about your past with Mr. Beggrow and your past relationship with regard to anything that has to do with this property, representing other developers within the City. Looking at State Code and the law and looking at Mr. Lord's letter, even Mr. Lord agrees with me, that unless you can show a direct pecuniary interest that you would gain money from this development or this approval then there is no legal Page 6 K:ACOUNCIL\MINUTES\Temporary Minutes Work Area ACC-07-08-14min.doc violation there unless you are so biased that you come out against cell towers that you can't weigh it then you would be required under Idaho Law to recuse yourself. I am going to ask you a couple of questions: #1. Would you have any pecuniary gain from approving or denying this application? Butler's response: No. #2. Are you so biased in favor or against cell towers that you would not be able to follow the law, review all of the facts and fairly weigh the law and the facts for this application before you either vote for or against it. Butler's response: No, I am very law oriented, you know that. City Attorney Buxton I do not believe there is any conflict of interest or pecuniary interest, any violation of any State Law that Mr. Butler would have in this situation and that he would be able to go forward. You are telling me that you have no bias is that correct? Butler: correct. You would not make any money off from Mr. Nickel or any of his businesses by sitting tonight is that correct? Butler: correct. General discussion. City Attorney: Mr. Butler do you intend to ask for future compensation for any vote that you may make tonight? Butler's Response: No. Further discussion. Butler: I'm going to stay up here and one of the main reasons is that this is a very important item and we need as many of the elected body up here as possible especially since Stan can't hear very well. Further discussion. Kunz: I just wanted to confirm that we have all received exparte communication from people in this matter. City Attorney Buxton: You believe you can act without bias? Kunz's response: Yes. City Attorney Buxton: Ms. McFarland same question. McFarland's response: I have had no exparte contact about the cell tower I am completely out of the loop. City Attorney Buxton: Mr. Mayor? Mayor's response: With your direction I have not responded to emails so I have no conflict of interest on this. City Attorney: are you biased? Mayor's response: No bias. Mayor: Does anyone on Council have any potential or actual conflict of interest? None Shawn Nickel, representing the Applicant, distributes materials to the City Council supporting the application to construct a wireless broadband service tower at Eagle Hills Golf, discusses the same and provides Council an overview of the application. Dan Behuniak, Skyway Towers, presents a power point and discusses the same. General discussion. Page 7 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-07-08-14min.doc Zoning Administrator Vaughan: the Staff's recommendation for this item was a qualified one, it was a recommendation for approval with a recommended condition that the height be lowered so as to meet the criteria within the Code. It was Staff's review of the Code and recommendation and opinion. It was the requirement of the Code that led to the recommendation of approval but with lowering the antenna tower to be generally with the surrounding tree canopy. Discussion on lowering the tower. General discussion. Mayor opens the Public Hearing Steven Lord, 409 W. Jefferson, Boise, Idaho, I represent a large group of people who are present tonight in opposition to the project, Protect Eagle Neighborhoods. Protect Eagle Neighborhoods is a non-profit corporation owned by residential property owners and some business owners close to the proposed site whose property would be devalued by the proposed cell tower of this height and with these characteristics. Discussion on the PZ Commission recommendation. Displays a chart of a one mile radius which is the cell coverage area and discusses the chart and the City Code. Discussion on the FCC. Further discussion on the chart and locations for towers. General discussion. City Attorney Buxton: Mr. Vaughn, the Zoning Administrator estimates the number of people who stood up at the question posed by both Mr. Lord and the Mayor is approximately 50 people. McFarland how many people are in favor of the cell tower, 10-12 people stood up in favor. Dave Beggrow, representing the landowners, I think these are stand up people who are doing this. Reads a letter into the record from Darrel Chesser who was the Homeowners Association Director for the back nine. This is in a 5 acre area that is not used by the golf course and would not obstruct any view. Kyle Weeks, 929 Rio Pinar, I don't have a lot to add. I am in favor of the project. I live north of the 8th hole and experience poor quality and I'm in favor of improving this. Virginia Coburn, 530 Pebble Beach Way, when he asked how many lived on Hole #2 I know there are more than 4 or 5 that live in that area. Mayor: how many live on Hole #2 - 12 people stand up. Mike Majors, 575 N. Pebble Beach Way, I've lived here since 1978. I live 300 yards from the proposed location of the tower. My home is all cellular. Page 8 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-07-08-14min.doc We have experienced dropped calls and slow download. I need help with data and internet connectivity. If you are not going to approve this now then I propose the question to Council where, if not here, and when, if not now? Moe Heatherly, 5494 N. Eugene Street, I work at Eagle Hills Golf course and when I use my cell phone to make calls to the office I experience dropped calls and the same with the internet. Kat Heatherly, 5494 Eugene Street, when I try to reach him from my landline I can never get a hold of him on the golf course. I'm not ready to give up my landline until I can get 911 on my cell phone. Everyone loves the technology but nobody wants the technology in their neighborhood. Tracy Herman, 457 E. Beacon Light Road, I get very poor service out where I'm at and poor service in town. We need to have this service. This is very important for all of us especially in the event of an accident. Greg Fisher, 348 Wing Foot Way, I live right on the second hole. I haven't heard about a road and I have heard that the fire department is going to get down to this site. I'm selling my home which is a side issue and I am losing buyers. My concern is the road and my property values. Jean Jackson-Heim, 463 Moraine, I appreciate that you allow everyone to speak. This is going to have noise, the fence is not pleasing to look at and I don't like the diesel storage. Maybe the community needs to sit down and do a broad based master plan on where the community wants these cells towers. I don't think this is the right application. General discussion. Mayor: would you like to chair that committee? Jean: I would like to help with the committee. General discussion. Karen Towne, 200 N. Edgewood Lane, we own a large parcel of property. I don't think any one has addressed what the future is going to be down there. We would have a hard time doing something with that with something this tall. This is going to be developed sooner or later. Debra Helton, 1203Cerramar Court, there is no denying that technology is a large part of our lives. Eagle needs better technology. Skyway towers is in the business of putting up cell towers to sell usage to providers. We hope you read our letter previously submitted. I recommend that you deny this request and that this ordinance be reviewed. Wayne Davis, 923 Eagle Hills Way, I am opposed to this cell tower location as I was at the school. This is a pig in the wrong place. We need to Page 9 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-07-08-14min.doc consider the maintenance, the air conditioning units, the testing on a regular basis and there are many things that they are not telling people. I don't think people need to sacrifice their neighborhood. There are also safety concerns with these cell towers. We need to search harder for a place for these cell towers. David Schwarts, 948 E. Monarch Street, which is directly below the cell phone tower. When I spoke to my realtor I was told that my market value would be diminished by 10%. This will not blend into the environment. It is 3 times higher than the tallest tree. Discussion on the noise from the air conditioner units. I have not had one dropped call at my home. I have not issues with data or dropped calls. I would ask you to make a plan for these towers. George Schnarre, 723 Spyglass Way, it was interesting the gentleman that mentioned the gap and I'm wondering if he has a law license. There are companies in the area that are investing in covering the gap in Eagle. Michael Seganault, 450 Pebble Beach Way, reads an article about cell phone companies. On a whole I am against this project. Judith James, 484 Pebble Beach Way, shows the Council a picture of her back yard and what it would like with the tower. My home is a two story town home and I can see downtown Boise from my upstairs and I will not be able to have this view with the tower installed. I have a wireless router in my home and it connects 5 devices wireless. I get 5 bars 24/7. I work from my home and I never get dropped calls. There is new technology out there. Discusses the drop in home values. Greta Fleming, 681 Spyglass Way, my home is on the 2nd hole on the golf course and the cell tower is right out my back door. We know how important 911 communications are and if this is approved I hope that the cell tower can be moved so my neighbors can share in this. I request that you deny this petition. Phil Myers, 1224 Ceramal Court, I don't think I will see this tower from my home and as a Verizon user I do have difficulty with dropped calls and connectivity. I need to stand up here in support of neighbors and I think that this should not be approved. Patty Richie, 216 Winged Foot Place, I live directly east of the cell tower. We enjoy the animals that are in our area. With the nose from the tower these animals are going to leave. Page 10 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-07-08-14min.doc Rich Murphy, 639 Eagle Hills Way, I like the idea of having a commission come together as a group. I bought on a golf course with a path for a golf cart not a road for a fire truck and other vehicles. Teri Murrison, 2380 West Beacon Light, I want to ask a question to Councilmember Kunz who was then a citizen. We had a neighborhood meeting maybe a year ago, there was a cell tower proposed in our neighborhood and the neighbors had a lot of questions about the tower including the benefit. A company from Salt Lake City was talking about the benefit to the residents and the representative said there would be no positive benefit and no increase in the ability to have a connect in a certain radius around the tower, that the tower is only for pass through. Do remember how far out that was. Kunz's response: I'm sorry Ms. Murrison I really don't. General discussion. Shane Curry, 299 Harlan Place, my questions is what is the primary source of the power? My phone died and I lost all of notes and battery source. My concern is with the noise on the golf course which could cause lost revenue for the city. Kelly Beggrow, 2062 Hill Road, I was under the understanding according to the Mayor that we were going to keep this to the discussion on the issue at hand and not attack anyone here. The rude man who attacked my husband shows not only are you no gentleman but you do not know my husband. My husband is a gentleman who has a huge heart and donates a lot to many charities and you have no idea how many families he helps, including foster children and orphans. Right now we have a good friend whose wife has cancer and he has been delivering them meals every day for over a month but you would not know that because he is not one to brag. I would like to keep this without any character assassination of my husband. Thank you. Mayor: I agree with that, we are not in the business of assassinating character here. Mrs. Beggrow I thank you for your comments. Shawn Nickel, representing the applicant, discusses the diesel powered backup generator, the 12' wide maintenance road which is on private property and is not a public road, the noise from the air conditioner units, the location, and the height. Dan Behuniak, Skyway Tower, discusses the studies that have been completed by the experts, the road, the noise levels, 911 calls, the fence, RF Studies, and multiple towers. I request that this be approved. Page 11 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-07-08-14min.doc Mayor closes the Public Hearing General Council discussion. McFarland moves to disapprove the wireless tower facility CU-01-14 from Skyway Towers, LLC. Seconded by Ridgeway. McFarland: AYE; Butler: AYE; Kunz: AYE; Ridgeway: AYE: ALL AYES: MOTION CARRIES City Attorney Buxton: what I would like to hear from the Council is under State Code, we need to tell the applicant what they would need to do to meet some requirements for approval. I would like you to have that discussion so that we can bring those back to you in your Findings of Fact and Conclusions of Law. General Council discussion. Mayor calls a recess at 8:35 p.m. Mayor reconvenes the meeting at 8:45 p.m. 9. NEW BUSINESS: A. Rick Thule with Walk and Ride Eagle would like to present information regarding pedestrian pathway connectivity to the Council. (JDR) Mayor introduces the issue. Rick Thule, I have formed a non-profit Walk and Ride Eagle. Presents a power point on bridges to cross the river and discusses the same. Park/Rec Director Aho displays a map of the trail system that shows where the bridges would be placed and how they would connect the current trails and future trails. Rick Thule, we have been working with Mike for sometime and we have also set up at the Eagle Saturday Market at three different times and have asked people which option that they would prefer. Most people choose the stand alone truss bridge. We have met with the property owners and they are in support of the foot bridge. General discussion. B. Discuss sending a letter to ACHD requesting that project #38 within their Capital Improvement Plan to widen Eagle road to five lanes from Albertsons to Old State Street in 2017/2018 be removed and that the preferred alternative in the eagle road old state street intersection study, of a round-about for that intersection, be removed also. (MLB) Mayor introduces the issue. Page 12 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-07-08-14min.doc General Council discussion. Kunz moves first of all that the City of Eagle rescind its recommendation to ACHD in favor of the roundabout and that second Council draft a letter to ACHD requesting that (a) that Project 38 within their Capital Improvement Plan to widen Eagle Road to five lanes from Albertsons to Old State Street in 2017/2018 be removed and (b) that the preferred alternative at the Eagle Road/State Street Intersection Study of a roundabout at that intersection be removed also. Seconded by McFarland. Discussion. ALL AYES: MOTION CARRIES Tom McCredie, I just got the report and I think what you are doing is absolutely right. I agree with Mary the traffic will be changing. The report did say 4 lanes. General discussion. Randy Viscarrent, I totally agree with what Council Member McFarland said. Discusses ingress and egress. Planning and Zoning Administrator: the Chairman of the Cities Transportation Committee emailed me his comments that he asked me to read them into the record. Vaughan reads the statement into the record. General discussion. C. Superparks LLC Concession Agreement: Mayor introduces the issue. Kunz: The City of Eagle has a Concession Agreement at the Ada/Eagle Sports Complex with Eagle Superparks LLC and as part of that agreement Section 7.2 specifically says Compliance With Laws and requires the applicant to maintain workmans compensation insurance. The reason that I am bringing this up or asking this agenda item to be added is that according to publically available information on June 3rd the Idaho Industrial Commission filed a Complaint against Superparks LLC and other related entities alleging that on or about January 24th the Defendant failed to provide workers compensation insurance for employees at Superparks LLC furthermore they request in the Request for Judgment that the Defendants, meaning Eagle Superparks LLC, be enjoined and restrained from operating a business with employees including the operation of Eagle Superparks LLC, while any default under Idaho Code 72-301 exists to-wit failure to obtain and maintain a policy of workers compensation insurance to protect their Idaho workers. According to the Concession Agreement they were Page 13 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-07-08-14min.doc required to provide proof of workers compensation insurance. I asked staff to determine whether or not there was proof of workers compensation insurance, is that proof available? Park/Rec Director Aho: I have been in contact with Mr. Neptune in regards to this and have asked him for copies of the worker comp insurance and he assured me that it will be given to us. McFarland: I have a problem with this agenda item being added and Mr. Neptune not being made aware that was being added to the agenda so he could come and speak to this. I don't know if time is of essences. I have a problem with this being on the agenda and I don't think that is appropriate at all. General discussion. 10.EXECUTIVE SESSION: 67-2345 (b) & (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: 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; (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. City Attorney Buxton: The Executive Session we are requests for three items, Personnel under 67-2345(a), for Acquisition of Private Property (e) and also for an update with the pending litigation for Laguna Pointe and Lagerstrom. Page 14 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-07-08-14min.doc Kunz moves to go into Executive Session as per I.C. 67-2345(b)(e) & (f) 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. Discussion. I'm just going to move that we go into Executive Session per I.C. 67-2345 (a)(b)(e) & (f). Seconded by McFarland. McFarland: AYE; Butler: AYE; Kunz: AYE; Ridgeway: AYE: ALL AYES: MOTION CARRIES Council goes into Executive Session at 10:30 p.m. Council discusses personnel, acquisition of private property and pending litigation for Laguna Pointe and Lagerstrom. Council leaves Executive Session at 11:00 p.m. 11.ADJOURNMENT: McFarland moves to adjourn. Seconded by Butler. ALL AYES: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 11:00 p.m. Respectfully submitted: I _000.00 leap,,, �•��, �, ••~~' 9C,i i HARON K. BERGMANN :* GORPO* e CITY CLERK/TREASURER •.� • cSEAL * 1 APPROVED: '• 9 '• ` ***** AMES D. Y OLDS MAYOR AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL UPON REQUEST Page 15 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-07-08-14min.doe EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP CU -01-14 Personal Wireless Facility (Height -Over 35 Feet) Skyway Towers. LLC j fn Ifo SA/3w(,/ /V rcke C i(•S /11 'Llvivit\iL,, V\t(, 1 'cr i etf/ 121 9,,,c8eG6.1 1)a vitt July 8, 2014 /('S yes Nv 7 `j' ft/c) .,LA Ppb P2'( "n9 J efi-tuk,2 ►� ( 4 -, 3 _ iso cpcQL 1HLI �y �2.c bb(e 66'1-) t, Mr--604LL dL h(c J ‘5, EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP CU -01-14 Personal Wireless Facility (Height -Over 35 Feet) Skyway Towers. LLC July 8, 2014 NAME ADDRESS CA-? it , t-( \s}A ),�� r�aLL (%01,,l(z_ clAni [fton fc,\30 1/96 g-7 kxl,d‘r75,/set 75_7()3 S -)2nd 5 .2eAD flakeA, 9,7'? 11)&7, /1()-. ,, Vii- IC tP(A-Oic(-14-L0 C4 y vv 0 r( 4. W : \C& c Foo t- T,STIFY VES/NO PRO/ CON or NEUTRAL P,E0 Pc2:D OV EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP CU -01-14 Personal Wireless Facility (Heieht-Over 35 Feet) Skyway Towers, LLC /fie»m 4-'7/7 July 8, 2014 q5`?e4, 1,2 y(es ,&c' ye-S*6.. �i 7c 723 -C-6/OZ/KC /74-7 Ye510 L KTh2e1&z 4g4/() kay k -A leev-1 dC r rk4 ins 215 3 -k/ , ft` I 1 G1', cle 14r�aJ,c�,v� c204, k Z-4?ce_eiod. r 7f1- 37 cA-(L/(,((z_c-tt)y (WAzo LCs eeat.‘(/' No Cfri le ed Aj rN0? (✓�/� iVe 5 vz vvo- \v cow L�� EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP CU -01-14 Personal Wireless Facility (Heieht-Over 35 Feet) Skyway Towers, LLC July 8, 2014 S NAME ADDRESS (LeG6 3L/ t3, or (ti ,„.99g E. Skado i.Jwo t+ .21f2'z6 cc: c„ u �l f k1/4-1. Mo_ Co nu L/ k ote IPA -7 AcOnmtc /1„2._;, 7-1/647A c iC (,ivnic4y• • �j j� J' okri tlor -7-2( 5�7(-4,3, 142/oA /41,,,e44) gi'ry_()(C_l /4/r4& -4/9-74)s Cit(oNN Fi-vc-bitv-44104- fvo (A,1 AO/ MJ2 t.t6LI 4/ sky) i1/4,re -D, A,) 11:41. (EWA> 9\a ./(ko\u,(1.tQA rt) TESTIFY YES/NO 1/4 N `) nl. IUCJ �C 1' PRO/ CON or NEUTRAL Co n% C 'v Ccs EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP CU -01-14 Personal Wireless Facility (Height -Over 35 Feet) Skyway Towers, LLC y July 8, 2014 �'s-r�k Fcr% n>` ion (' \:0 C,!\A -ed r\/6 c0- LIVIW(NC6t1 . Fr ro Ltv G 7,8=19 Honorable Major Reynolds, Members of the Council, I am speaking on behalf of my husband Robert Helton and myself. There's no denying that our lives are filled with technology and we have to stay on top of the ever changing advances. As Eagle grows, our needs and demands for better technology grows. The applicant suggests that we have but one alternative to meet that growth; cell towers in residential neighborhoods. I feel we need to step back for a moment and consider what's going on. I think we need to remember that the applicant, Skyway Towers, LLC is in the cell tower business. It's the job of the applicant, to sell those towers, that's how the company makes its money. Skyway Towers is not in the business of city planning and preservation or looking out for the best interest of a community. Skyway Towers is in business to SATISFY ITS CLIENTS by putting up cell towers. There are a multitude of other technologies and solutions to address our growing demands for better communications. Members of our community suggested some of the possibilities during their P & Z testimonies. The applicant came to you. Please don't take the easy route by being taken in by the first salesman to come to your door. As our representatives, take the time to do your due diligence. Investigate other options with other companies and other technologies. The decision made on this application will have a lasting impression on our City. Let the city of Eagle be noted for its forward thinking....not for a fake tree that's a ghost of old technology. We hope you have read the letters that we have previously submitted and will give them consideration in your decision making process. We respectfully request that you deny this application. Thank you, Debra & Robert Helton 1203 Cerramar Ct Eagle, Idaho 83616-5225 (208)938-3416 As a side note; After this application is no longer a pending issue, I would suggest that Ordinance #672 of the City Code be reevaluated to determine if it truly has validity and if the interest of our community has really been addressed in the way the ordinance was written. July 8, 2014 DAS Technology - Small antennas are placed on top of existing utility poles and structures. Bell Labs - Micro -Cell Technology Fiber -Optics Reference; Alternatives to Towers www.celltower.ca Usage Statistics -- June 2014 7/3/2014 12.57 PM Monthly Fiscal Year Cumulative Jun -14 Jun -13 t% FY 201.3-2014 FY 2012-2013 '-% Circulation Circulation Children's Collection 15,754 13,928 13.1% Children's Collection 95,948 87,101 10.2% Teen Collection 2,138 1,973 8.4% Teen Collection 11,163 12,055 -7.4% Adult Collection 13,739 12,986 5.8% Adult Collection 119,491 109,735 8.9% eBooks 580 349 66.2% eBooks 4,030 2,184 84.5% Music Downloads 491 0 #DIV/01 Music Downloads 4,895 0 #DIV/0! Music Streaming Sessions 139 0 #DIV/0' Music Streaming Patrons 482 0 Other (weds etc 1,192 249 378.7% Other ,seeds etc , 8,048 821 880.3% sub -total 34,033 29,485 15.4% sub -total 244,057 211,896 15.2% In-house 2,776 3,114 -10.9% In-house 19,477 19,734 -1.3% Total 36,809 32,599 12.9% Total 263,534 231,630 13.8% Self -Checkout Self -Checkout Amount 25,477 4,168 511.3% Amount 182,500 27,880 554.6% Percent of Total Circulation 90.47% 16.24% 457.0% Percent of Total Circulation 91.73% 15.51% 491.2% Gate Count 19,330 17,466 10.7% Gate Count 132,461 123,985 6.8% Digital Statistics Digital Statistics Website Total Visits 11,880 n/a n/a Website Total Visits 11,302 n/a n/a Website Unique Visits 3,277 n/a n/a Website Unique Visits 29,931 n/a n/a Facebook Likes 201 n/a n/a Facebook Likes 201 n/a n/a Unique Music Users (Monthly) 156 n/a n/a Unique Music Users 1,122 n/a n/a eBook Users (Cumulative) 1,462 950 53.9% eBook Users (Cumulative) 1,462 950 53.9% New Card Registrants New Card Registrants Eagle 164 188 -12.8% Eagle 984 994 -1.0% Non -Resident 1 1 n/a Non -Resident 10 2 n/a Programs Programs Total Number of Programs 57 55 3.6% Total Number of Programs 416 364 14.3% Children in Attendance 1,508 1,043 44.6% Children in Attendance 7,088 5,405 31.1% Teens in Attendance 190 91 108.8% Teens in Attendance 574 331 73.4% Adults in Attendance 738 617 19.6% Adults in Attendance 4,919 4,231 16.3% Total Program Attendance 2,436 1,751 39.1% Total Program Attendance 12,581 9,927 26.7% Computer Use Computer Use Adult 1,122 1,335 -3.7% Adult 8,839 9,524 4.8% Children 163 n/a n/a Children 1,145 n/a n/a Circulation per Day Circulation per Day Days of Operation 25 25 0.0% Days of Operation 223 223 0.0% Circulation per Day 1,472 1,304 12.9% Circulation per Day 1,182 1,039 13.8% Study Rooms 104 58 79.3% Study Rooms 865 337 156.7% Renewals Renewals Phone 292 439 -33.5% Phone 3,314 4,141 -20.0% In -Person 614 473 29.8% In -Person 7,501 4,362 72.0% OPAC 3,177 2,785 14.1% OPAC 24,331 25,050 -2.9% cc 7--8-417 I would like to re affirm the Transportation committee's unanimous support for the roundabout. I would also take this time to re affirm that we as a committee had unanimously supported the roundabout the first time an Mark Butler never told the counsel of this. That was two years ago. This is why we had another vote so that the counsel and ACHD understood what we supported for the four corers. I would like to set the record strait on a few things that have come up. 1. Mark Butler at no time directed us how we should vote on this matter. He just asked us if we had planed on voting again on the 4 corners roundabout. If anything Mark did not follow through the first time with informing the council of or support for the roundabout. We had wanted to get this moving before some one leased the old Smoky Mountain spot. This is a result of Mark waffling all the time and not informing counsel of the trans committee's recommendation. We have since changed things as a committee and now send a letter directly to the mayor and counsel. 2. It has been said that the stakeholders meeting was not open to everyone. This is not true. All of the Business owners where invited to attend and a number of them chose not to. 3. We will lose all of the parking. Not true there will be more parking down town as the old gas station and tri city meats along with Goldman's property will be used as extra parking. 4. Much thought and evaluation went into the process to go with the roundabout both with internal and external engineers. This was not a knee jerk choice made by this committee. Sincerely Jeff Laughlin Chair Eagle transportation committee RECEIVED & FILED CRY OF EAOLF JUL 0 8 2094 File: Route to City o` Eagle Report Criteria Report type GL detail Check Check Issue Date Number Payee 13308 07/02/2014 13308 Clerk of the Court Total 13308' 13309 07/02/2014 13309 Clerk of the Court Total 13309. 13518 06/30/2014 13518 Integrity Audio Visual Check Register - Transparency Version Page- 1 Check Issue Dates 6/24/2014 • 7/7/2014 Jul 07, 2014 02:35PM Invoice Invoice Invoice GL Invoice Check Sequence GL Account Account Title Amount Amount 1 ch 01-0416-35-00 OPERATIONAL RESERVE 120.000 00- 120,000 00- 120,000 00- 1 ch 01-041635-00 OPERATIONAL RESERVE 8.882.00- 8.862 00- 8,862 00- 1 ch 15-0442-05-00 UPGRADE SOUND SYSTEM-CHAMBE 9.437.21 9,437.21 Total 13518 9,437 21 13566 07/01/2014 13586 CenturyLink -29040 07/01/2014 13566 CenturyLink -29040 1 ch 01-0413-19-00 TELEPHONE & COMMUNICATIONS 1 ch 07-0462-52-00 MUSEUM UTILITIES 100 31 100 31 111 23 111 23 Total 13566: 211 54 13567 07/01/2014 13567 Chevron 07/01/2014 13567 Chevron 07/01/2014 13567 Chevron 07/01/2014 13567 Chevron 07/01/2014 13567 Chevron 07/01/2014 13567 Chevron 07/01/2014 13567 Chevron 07/01/2014 13567 Chevron 1 ch 13-0417-02-00 FUEL COSTS 2 ch 14-0413-24-01 FUEL CITY VEHICLES 3 ch 15-0413-26-00 GAS AND OIL 4 ch 80-0420-01-00 FUEL & LUBRICANTS 1 ch 60.0420-01-00 FUEL & LUBRICANTS 2 ch 50-0420-01-00 FUEL & LUBRICANTS 3 ch 13-0417-02-00 FUEL COSTS 4 ch 15-0413-26-00 GAS AND OIL 372 58 372 58 45.06 45.06 453.8D 453.80 571 29 571 29 60 02 60 02 421 77 421 77 108.74 108 74 108 74 108 74 Total 13567 2,142 00 13568 07/01/2014 13568 Eagle Industnal Center 07/01/2014 13568 Eagle Industrial Center 1 ch 16-0416-01-00 SHOP LEASE 2 ch 80-0434-50-00 SHOP LEASE 614 98 814 98 614.98 614.98 Total 13568: 1,229.96 13569 07/01/2014 13589 Idaho Child Support Receipting 1 ch 16-0217.08-00 GARNISHMENTS 150 00 150 00 Total 13569 150 00 13570 07/01/2014 13570 Idaho Power Co -Processing Ctr 07/01/2014 13570 Idaho Power Co -Processing Ctr 07/01/2014 13570 Idaho Power Co. -Processing CO 07/01/2014 13570 Idaho Power Co -Processing Ctr 07/01/2014 13570 Idaho Power Co -Processing Ctr 07/01/2014 13570 Idaho Power Co -Processing CU 07/01/2014 13570 Idaho Power Co -Processing Ctr 1 ch 15-0448.08-00 UTILITIES 18.41 18.41 2 ch 01-0413-16-00 UTILITIES/NEW CITY HALL 625 96 625 96 3 ch 15-0441-06-00 STREET LIGHTS -UTILITIES 1,686 55 1,666 55 4 ch 15-0450-08-00 UTILITIES 153 98 153 98 5 ch 15.0455-06-00 UTILITIES 42 26 42 26 6 ch 07.0462.52-00 MUSEUM UTILITIES 99.16 99 16 7 ch 15-0449-06-00 UTILITIES 5 25 5.25 City of Eagle Check Check Issue Date Number Total 13570: Payee 13571 07/01/2014 13571 Intermountain Gas Company 07/01/2014 13571 Intermountain Gas Company Total 13571: 13572 07/01/2014 07/01/2014 07/01/2014 07/01/2014 07/01/2014 07/01/2014 07/01/2014 07/01/2014 07/01/2014 13572 13572 13572 13572 13572 13572 13572 13572 13572 Total 13572: 13573 07/01/2014 07/01/2014 07/01/2014 07/01/2014 07/01/2014 07/01/2014 07/01/2014 13573 13573 13573 13573 13573 13573 13573 Total 13573: 13574 07/01/2014 13574 07/01/2014 13574 07/01/2014 13574 07/01/2014 13574 07/01/2014 13574 07/01/2014 13574 07/01/2014 13574 07/01/2014 13574 Total 13574: 13575 07/01/2014 07/01/2014 07/01/2014 07/01/2014 07/01/2014 13575 13575 13575 13575 13575 Total 13575: NCPERS IDAHO NCPERS IDAHO NCPERS IDAHO NCPERS IDAHO NCPERS IDAHO NCPERS IDAHO NCPERS IDAHO NCPERS IDAHO NCPERS IDAHO Pacific Source Health Plans Pacific Source Health Plans Pacific Source Health Plans Pacific Source Health Plans Pacific Source Health Plans Pacific Source Health Plans Pacific Source Health Plans United Heritage -Group Dept. United Heritage -Group Dept. United Heritage -Group Dept. United Heritage -Group Dept. United Heritage -Group Dept. United Heritage -Group Dept. United Heritage -Group Dept. United Heritage -Group Dept. Willamette Dental Insurance Willamette Dental Insurance Willamette Dental Insurance Willamette Dental Insurance Willamette Dental Insurance 13576 07/07/2014 13576 A Company, Inc. - 801 Check Register - Transparency Version Check Issue Dates: 8/24/2014 - 7/7/2014 Invoice Invoice Sequence GL Account Invoice GL Account Title 1 ch 01-0413-16-00 UTILITIES/NEW CITY HALL 1 ch 07-0462-52-00 MUSEUM UTILITIES 1 ch 01-0217-07-00 2 ch 13-0217-07-00 3 ch 12-0217-07-00 4 ch 11-0217-07-00 5 ch 08-0217-07-00 B ch 60-0217-07-00 7 ch 07-0420-25-00 8 ch 14-0217-07-00 9 ch 16-0217-07-00 1 ch 01-0217-07-00 2 ch 14-0217-07-00 3 ch 18-0217-07-00 4 ch 08-0217-07-00 5 ch 13-0217-07-00 6 ch 12-0217-07-00 7 ch 60-0217-07-00 1 ch 14-0217-07-00 2 ch 06-0217-07-00 3 ch 16-0217-07-00 4 ch 12-0217-07-00 5 ch 01-0217-07-00 6 ch 11-0217-07-00 7 ch 60-0217-07-00 8 ch 13-0217-07-00 1 ch 12-0217-07-00 2 ch 06-0217-07-00 3 ch 14-0217-07-00 4 ch 16-0217-07-00 5 ch 60-0217-07-00 GEN ADMIN HEALTH INSURANCE BLDG DEPT HEALTH INSURANCE CLERK DEPT HEALTH INSURANCE EXEC DEPT HEALTH INSURANCE LIBRARY HEALTH INSURANCE WATER DEPT HEALTH INSURANCE INSURANCE P&Z DEPT HEALTH INSURANCE HEALTH INSURANCE GEN ADMIN HEALTH INSURANCE P&Z DEPT HEALTH INSURANCE HEALTH INSURANCE LIBRARY HEALTH INSURANCE BLDG DEPT HEALTH INSURANCE CLERK DEPT HEALTH INSURANCE WATER DEPT HEALTH INSURANCE P&Z DEPT HEALTH INSURANCE LIBRARY HEALTH INSURANCE HEALTH INSURANCE CLERK DEPT HEALTH INSURANCE GEN ADMIN HEALTH INSURANCE EXEC DEPT HEALTH INSURANCE WATER DEPT HEALTH INSURANCE BLDG DEPT HEALTH INSURANCE CLERK DEPT HEALTH INSURANCE LIBRARY HEALTH INSURANCE P&Z DEPT HEALTH INSURANCE HEALTH INSURANCE WATER DEPT HEALTH INSURANCE 1 ch 15-0448-06-00 UTILITIES Page: 2 Jul 07, 2014 02:35PM Invoice Check Amount Amount 2,611.57 122.54 122.54 32.98 32.98 155.50 16.00 18.00 64.00 84.00 48.00 48.00 18.00 18.00 128.00 128.00 51.20 51.20 16.00 16.00 96.00 98.00 60.80 60.80 496.00 1,163.13 6,091.75 2,807.97 8,541.38 3,630.38 3,178.05 2,144.15 1,163.13 8,091.75 2,807.97 8.541.38 3,630.38 3,178.05 2,144.15 27,556.81 94.33 94.33 124.72 124.72 47.50 47.50 48.10 48.10 9.15 9.15 13.69 13.89 46.56 48.56 50.73 50.73 434.78 42.61 42.81 85.50 85.50 218.70 218.70 128.11 128.11 42.61 42.61 517.53 92.50 92.50 City of Eagle Check Check Issue Date Number Total 13578: Payee 13577 07/07/2014 13577 Ada City -County Emergency Mgm Total 13577: 13578 07/07/2014 07/07/2014 07/07/2014 13578 Alloway Electric 13578 Noway Electric 13578 Alloway Electric Total 13578: 13579 07/07/2014 13579 Amber Hartley Total 13579: 13580 07/07/2014 13580 Anfinson Plumbing LLP Total 13580: 13581 07/07/2014 13581 Arnaud Langlet Total 13581: 13582 07/07/2014 07/07/2014 07/07/2014 07/07/2014 07/07/2014 07/07/2014 13582 Baldwin & Associates, Inc. 13582 Baldwin & Associates, Inc. 13582 Baldwin & Associates, Inc. 13582 Baldwin & Associates, Inc. 13582 Baldwin & Associates, Inc. 13582 Baldwin & Associates, Inc. Total 13582: 13583 07/07/2014 13583 Bill Cine Total 13583: 13584 07/07/2014 13584 Bret & Siri Busacker Total 13584: 13585 07/07/2014 13585 Buff Guy Auto Detailing Total 13585: Check Register - Transparency Version Page: 3 Check Issue Dates: 6/24/2014 - 7/712014 Jul 07. 2014 02:35PM Invoice Invoice Sequence GL Account Invoice GL Account Title 1 ch 01-0413-14-00 PROFESSIONAL DUES 1 ch 15-0444-05-00 BOLLARD REPLACEMENT 2 ch 15-0444-01-00 MAINTENANCE & REPAIR 1 ch 15-0445-01-00 MAINTENANCE & REPAIR 1 ch 60-0220-00-00 WATER/SERVICE DEPOSITS 1 ch 15-0442-01-00 MAINTENANCE & REPAIR 1 ch 60-0220-00-00 WATER/SERVICE DEPOSITS 1 ch 01-0413-05-00 OFFICE EXPENSES 1 ch 01-0413-05-00 OFFICE EXPENSES 1 ch 60-0434-15-00 OFFICE SUPPUES 1 ch 01-0413-05-00 OFFICE EXPENSES 1 ch 09-0483-02-00 EAGLE SATURDAY MARKET 1 ch 14-0413-05-00 OFFICE EXPENSES 1 ch 99-0107-00-00 CASH CLEARING -UTILITY BILLING 1 ch 60-0220-00-00 WATER/SERVICE DEPOSITS 1 ch 15-0413-24-00 MTNC-REPAIR VEHICLES Invoice Check Amount Amount 92.50 1,761.50 1,761.50 1,781.50 1,058.64 258.88 725.00 75.00 1,056.64 258.88 725.00 2,040.52 75.00 75.00 890.60 890.80 890.80 47.38 86.97 19.38 5.04 59.19 10.80 39.90 10.37 75.00 47.38 47.38 88.97 19.36 5.04 59.19 10.80 39.90 221.26 10.37 10.37 75.00 75.00 100.00 100.00 100.00 13586 07/07/2014 13588 Casene, Inc. 1 ch 01-0413-23-00 REPAIR/OFFICE EOUIP/FURN 624.25 624.25 City of Eagle Check Check Issue Date Number Payee Check Register - Transparency Version Page: 6 Check Issue Dates: 6/24/2014 - 7/7/2014 Jul 07. 2014 02:35PM Invoice Invoice Invoice GL Invoice Check Sequence GL Account Account Title Amount Amount 13602 07/07/2014 13802 Greg & Gianina Ruppert 1 ch 60-0220-00-00 WATER/SERVICE DEPOSITS 75.00 75.00 Total 13602: 75.00 13603 07/07/2014 13603 Holladay Engineering Co. 1 ch 01-0418-07-00 CITY ENGINEERING 490.00 490.00 07/07/2014 13803 Holladay Engineering Co. 1 ch 01-0416-07-00 CITY ENGINEERING 35.00 35.00 07/0712014 13603 Holladay Engineering Co. 1 ch 60-043442-02 WATER/MISC LEGAL SERVICES 4,585.00 4,585.00 07/07/2014 13603 Holladay Engineering Co. 1 ch 60-0434-42-00 WATER/ENGINEERING 420.00 420.00 07/07/2014 13603 Holladay Engineering Co. 1 ch 60-0438-10-00 WATER MASTER PLAN -UPDATE 4,280.25 4,280.25 07/07/2014 13603 Holladay Engineering Co. 1 ch 01-0416-07-00 CITY ENGINEERING 35.00 35.00 07/07/2014 13803 Holladay Engineering Co. 1 ch 01-0416-07-00 CITY ENGINEERING 900.00 900.00 07/07/2014 13603 Holladay Engineering Co. 1 ch 01-0416-07-00 CITY ENGINEERING 2,200.00 2,200.00 07/07/2014 13603 Holladay Engineering Co. 1 ch 01-0418-07-00 CITY ENGINEERING 400.00 400.00 07/07/2014 13603 Holladay Engineering Co. 1 ch 01-0416-07-00 CITY ENGINEERING 831.25 631.25 07/07/2014 13603 Holladay Engineering Co. 1 ch 01-0416-07-00 CITY ENGINEERING 2,312.00 2,312.00 07/07/2014 13803 Holladay Engineering Co. 1 ch 01-0416-07-00 CITY ENGINEERING 1,040.00 1,040.00 07/07/2014 13603 Holladay Engineering Co. 1 ch 01-0416-07-00 CITY ENGINEERING 1,637.50 1,637.50 07/07/2014 13803 Holladay Engineering Co. 1 ch 01-0416-07-00 CITY ENGINEERING 3,002.00 3,002.00 07/07/2014 13603 Holladay Engineering Co. 1 ch 01-0416-07-00 CITY ENGINEERING 1,775.00 t775.00 07/07/2014 13603 Holladay Engineering Co. 1 ch 01-0416-07-00 CITY ENGINEERING 758.80 758.80 07/07/2014 13803 Holladay Engineering Co. 1 ch 01-0413-31-00 ENGINEERING FEE/DEVELOPER CHG 3,701.28 3,701.28 Total 13603: 28,203.08 13604 07/07/2014 13604 Horizon 1 ch 15-0454-01-00 MAINT & REPAIR 76.45 76.45 Total 13604: 76.45 13605 07/07/2014 13605 Idaho Bureau of Occup. License 1 ch 80-0434-23-00 DUES & SUBSCRIPTIONS 30.00 30.00 Total 13605: 30.00 13606 07/07/2014 13806 Idaho Humane Society. Inc. 1 ch 01-0416-06-00 IDAHO HUMANE SOCIETY 3,938.67 3,938.87 Total 13606: 3,938.67 13607 07/07/2014 13607 International Code Council Inc 1 ch 13-0413-28-00 RESOURCE MATERIALS 116.00 116.00 Total 13607: 116.00 13608 07/07/2014 13608 Isaac Hirde 1 ch 09-0463-02-00 EAGLE SATURDAY MARKET 150.00 150.00 Total 13808: 150.00 13609 07/07/2014 13809 James Reynolds 1 ch 11-0413-24-00 Vehicle Expense 62.26 62.26 Total 13609: 62.26 City of Eagle Check Check Issue Date Number 13810 07/0712014 13610 Jamie Lamm Total 13610: 13611 07/07/2014 13811 Janet Rising Total 13611: 13612 07/07/2014 13612 John H Lock Total 13612: 13613 07/07/2014 07/07/2014 07/07/2014 07/07/2014 Payee 13613 K&T Maintenance 13613 K&T Maintenance 13613 K&T Maintenance 13813 K&T Maintenance Total 13613: 13614 07/07/2014 13614 Kellie Rekow Total 13614: 13615 07/07/2014 13615 Markand Caya Snethen Total 13615: 13616 07/07/2014 13616 Materials Testing & Inspection 07/07/2014 13616 Materials Testing & Inspection Total 13816: 13617 07/07/2014 13617 Michael & Kim Colby Total 13617: 13618 07/07/2014 13618 Mike Aho Total 13818: 13619 07/07/2014 13619 07/07/2014 13819 07/07/2014 13619 07/07/2014 13619 07/07/2014 13819 07/07/2014 13619 Moore Smith Buxton & Turcke Moore Smith Buxton & Turcke Moore Smith Buxton & Turcke Moore Smith Buxton & Turcke Moore Smith Buxton & Turcke Moore Smith Buxton & Turcke Check Register - Transparency Version Check Issue Dates: 6/24/2014 - 7/7/2014 Invoice Invoice Sequence GL Account Invoice GL Account Title 1 ch 60-0220-00-00 WATER/SERVICE DEPOSITS 1 ch 60-0220-00-00 WATER/SERVICE DEPOSITS 1 ch 60-0220-00-00 WATER/SERVICE DEPOSITS 1 ch 15-0445-03-00 CUSTODIAL SERVICES 1 ch 15-0444-03-00 CUSTODIAL SERVICES 1 ch 15-0443-03-00 CUSTORIAL SERVICES 1 ch 15-0442-03-00 CUSTODIAL SERVICES 1 ch 01-0413-05-00 OFFICE EXPENSES 1 ch 99-0107-00-00 CASH CLEARING -UTILITY BILLING 1 ch 01-0203-01-04 PERFORMANCE BONDS DEPOSIT PB 1 ch 01-0203-01-04 PERFORMANCE BONDS DEPOSIT PB 1 ch 60-0220-00-00 WATER/SERVICE DEPOSITS 1 ch 15-0422-01-00 PUBLIC RELATIONS 1 ch 01-0416-02-00 CITY ATTORNEY 1 ch 01-0416-02-00 CITY ATTORNEY 1 ch 01-0413-33-00 ATTORNEY FEE -CHARGE DEVELOPE 1 ch 01-0416-02-00 CITY ATTORNEY 1 ch 01-0416-02-00 CITY ATTORNEY 1 ch 60-0434-42-01 WATER/LEGAL SERVICES Page: 7 Jul 07, 2014 02:35PM Invoice Check Amount Amount 48.39 51.49 75.00 55.00 816.00 544.00 890.00 54.11 2.57 46.39 48.39 51.49 51.49 75.00 75.00 55.00 818.00 544.00 690.00 2,105.00 54.11 54.11 2.57 2.57 174.30 174.30 830.00 630.00 75.00 46.25 804.30 75.00 75.00 46.25 46.25 3,607.86 3,807.66 5,633.40 5,633.40 3,610.59 3,610.59 6,418.84 6,418.84 3,221.36 3,221.38 498.64 498.84 City of Eagle Check Check Issue Date Number Total 13619: 13620 07/07/2014 13620 07/07/2014 13820 07/07/2014 13620 07/07/2014 13620 07/07/2014 13620 07/07/2014 13620 07/07/2014 13620 07/07/2014 13620 Total 13820: Payee National Benefit Services, LLC National Benefit Services, LLC National Benefit Services, LLC National Benefit Services, LLC National Benefit Services, LLC National Benefit Services, LLC National Benefit Services, LLC National Benefit Services, LLC 13621 07/07/2014 13821 Nichoel Baird Spencer Total 13821: 13622 07/07/2014 13622 PSC Environmental Services Total 13822: 13623 07/07/2014 13623 Purchase Power Total 13823: 13624 07/07/2014 13624 Right Now, Inc. Total 13624: 13625 07/07/2014 13825 Solomon and Michelle Roberts Total 13625: 13626 07/07/2014 13828 Speciality Construction Supply Total 13626: 13627 07/07/2014 13627 Strain, Michael Total 13627: 13628 07/07/2014 13628 Susan Lynn Mimura & Associates, Total 13628: 13629 07/07/2014 13829 The Independent News Check Register - Transparency Version Check Issue Dates: 6/24/2014 - 7/7/2014 Invoice Invoice Sequence GL Account 1 ch 14-0415-23-01 2 ch 80-0433-23-01 3 ch 08-0461-23-01 4 ch 16-0433-23-01 5 ch 12-0415-23-01 6 ch 01-0415-23-01 7 ch 13-0415-23-01 1 ch 06-0481-23-00 Invoice GL Account Title COBRA ADMIN FEE COBRA ADMIN FEE COBRA ADMIN FEE HRA ADMIN FEE COBRA ADMIN FEE HRA ADMIN FEE COBRA ADMIN FEE HRA BILLING 1 ch 14-0413-13-00 TRAVEL & PER DIEM 1 ch 16-0415-01-00 AWIN MGMT (BFI) ED/ADD SRVS 1 ch 01-0413-07-00 POSTAGE 1 ch 13-0413-29-04 PLUMBING PERMIT REFUND 1 ch 80-0220-00-00 WATER/SERVICE DEPOSITS 1 ch 15-0437-29-00 GREENBELT PATHWAY MTNC/RPR 1 ch 09-0463-02-00 EAGLE SATURDAY MARKET 1 ch 01-0416-05-00 PROSECUTOR 1 ch 09-0463-05-00 PUBLIC ART DISPLAY Page: 8 Jul 07, 2014 02:35PM Invoice Check Amount Amount 22,990.49 18.00 18.00 9.00 9.00 24.00 24.00 12.00 12.00 9.00 9.00 3.00 3.00 12.00 12.00 1,034.35 1,034.35 1,121.35 68.32 88.32 88.32 1,400.17 1,400.17 1,400.17 300.00 300.00 300.00 60.00 60.00 60.00 75.00 75.00 75.00 649.40 649.40 649.40 150.00 150.00 150.00 4,450.00 4,450.00 4,450.00 140.00 140.00 City of Eagle Check Register - Transparency Version Page: 9 Check Issue Dates: 6/24/2014 - 7/7/2014 Jul 07, 2014 02:35PM Check Check Invoice Invoice Invoice GL Invoice Check Issue Date Number Payee Sequence GL Account Account Title Amount Amount Total 13629: 140.00 13630 07/07/2014 13630 The Sherwin Williams Co. 1 ch 15-0449-05-00 MTNC & RPR -EQUIP & STRUCTURES 14.57 14.57 Total 13630: 14.57 13631 07/07/2014 13631 T-Zers Shirt Shop Inc. 1 ch 13-0422-01-00 PUBLIC RELATIONS 70.50 70.50 Total 13631: 70.50 13632 07/07/2014 13632 U.S. Bancorp Equipment Finance 07/07/2014 13632 U.S. Bancorp Equipment Finance 07/07/2014 13832 U.S. Bancorp Equipment Finance 07/07/2014 13632 U.S. Bancorp Equipment Finance 07/07/2014 13632 U.S. Bancorp Equipment Finance 07/07/2014 13632 U.S. Bancorp Equipment Finance Total 13632: 1 ch 13-0416-24-00 OFFICE EQUIPMENT LEASING 2 ch 12-0416-24-00 EQUIPMENT LEASING 3 ch 11-0416-24-00 EQUIPMENT LEASING 4 ch 14-0416-24-00 OFFICE EQUIPMENT LEASING 5 ch 13-0416-24-00 OFFICE EQUIPMENT LEASING 6 ch 14-0416-24-00 OFFICE EQUIPMENT LEASING 39.81 39.81 39.81 39.81 39.81 39.78 39.81 39.81 39.81 39.81 39.81 39.78 238.83 13633 07/07/2014 13633 Valley Times 1 ch 14-0413-08-00 LEGAL ADS & PUBLICATIONS 49.92 49.92 Total 13633: 49.92 13634 07/07/2014 13634 Verizon Wireless 1 ch 11-0413-19-00 TELEPHONE & COMMUNICATIONS 92.31 92.31 07/07/2014 13634 Verizon Wrreless 2 ch 15-0413-19-00 TELEPHONE & COMMUNICATIONS 109.78 109.78 07/07/2014 13634 Verizon Wireless 3 ch 13-0413-19-00 TELEPHONE & COMMUNICATIONS 137.03 137.03 07/07/2014 13634 Verizon Wrretess 4 ch 60-0434-19-00 TELEPHONE & COMMUNICATIONS 142.47 142.47 Total 13634: 481.59 13635 07/07/2014 13635 Warhawk Air Museum 1 ch 01-0422-06-00 FIELD OF HONOR 500.00 500.00 Total 13635: 500.00 13636 07/07/2014 13636 Wiliam Lamm 1 ch 16-0413-27-00 REFUNDS -PARK RESERVATIONS 75.00 75.00 Total 13636: 75.00 Grand Totals: 2,686.89 City of Eagle Dated: Mayor. City Council: Report Criteria: Report type: GL detail Check Register - Transparency Version Page: 10 Check Issue Dates: 6/24/2014 - 7/7/2014 Jul 07, 2014 02:35PM 10 6.3.16 Public/Semi Public Suitable primarily for the development of such uses as golf courses, parks, recreation facilities, greenways, schools, cemeteries, and public service facilities such as government offices. Support activities may also be permitted. All development within this land use is encouraged to be designed to accommodate the different needs, interests, and age levels of residents in matters concerning both recreation and civil activities. The public/semi public land use designation is not a residential land use designation. When a project or development is designed that contains or is adjacent to land holding a public/semi public land use this land will not be included when calculating the allowable residential density. Projects that hold a residential designation that want to provide amenities similar to those allowed in the public/semi public designation may transfer density within the development only when using the standards established in the Planned Unit Development as defined in the comprehensive plan. V J CC 7- City of Eagle Land Use Map Resolution No. 02-11 Adpotcd February 7, 2011 emrwD r,uWe c Retldenlla! Rtra1 i fesidena a! Cstete Retldertll, One Reslden!ie! Two Residential Ther 1:771 Residenial Four L_I HIgn Density Renldeneal Tranatcnel Reaidonlial I_ _i \9tegnCanter Mixed Liao L_11 Professional Off jBusiness Perk L,.71 Downtown dimCommercial PALL IK_ Pubr iso r4 -Public Engle Island apee,al Use Area Floodway ucenIc Corrk r fi res Co+pNw, me Orn 4.w4e111Ees n•L n r rk.ILn�. Ir tM•rin 1/1N1 al Ito prMOMK7r Ffaro 2011 Eagle Comprehensive Plan Resolution No. 11-02 Table 6-2 Eagle City Zoning Compatibility Matrix' 'Land `,...'-ss bwsio^.atcns I Bones Re519enUal 14 v ReslC+er:a' estate& Reslier11L1I ore Resx]erta; Tao Re cer±a' Tree Re:var:a' .our ReroVntl i Six Pori Rerl]entlal-raesfhr r3OE llrs Rereoer:'a' 'Mei Use' Co'ttRlerrd' itari iAI X X X X X X X X X 1 Kura Res•Cer:a.;A-R: X X X X X X X X 1 �y�mVl flak •:R -F'. X x X X X X X X e(nernlalbrtslls x x x x x x x x �c x x •e x x x 1t x x x x x x x R4 x x x x R-'_ X X X R-5 to R -I] X X X X J'r1Led I X X Carr ,X),VeABushecx ±C-11 veal ,,ucneu •C•21 x -I i.s ne a i'• -j X (El tlsnee.s lC& l Ore Irdsinal N.1) ILstra Pars IN-. -leant']' Industra' i ta-2; =_xlr2elive ncistra .14-3; I aLD? C';ern •PLbtIL 'F.",1 x IVtze. Lae ruin 1 X x x I Zorn4 l era rw/alar IR JTZtandir3 X X X X X X X X X X IRJTCU tr '-state RKYVr:a' :Ft 'I X' X X X X X X X _OWDen6,.•resderra IR2; X X X x X Medlun Lak oeisp Reiiieinal i'Re.. X X X 1 \edliin Cerslty' der'.a :R61 X X 1 X \tedlln H R._Dena . Resl]rftal iRa', x x {f x -rm DeniN: etestlentaii R12)J era HPI Denny ResialhaitiR2C: n^_Te • 61m Un] LI.ir.a kr "-Anm• ctaIR:ol on GI raw nY1 and pT.nl al n.al kr']r"ar F•••ti a11aa-.Dtm 1 Wsr '.Cu re sine ton FACT b CKYrnxMnI 7 .noold. TU.I of RCC 4 MII Co.. an 1. Ma RI mea ..111 a..abD .t nnI aenwm .nt veuf•G os1C M a ni-onnm Df I 1 maim • nunkp woo. Ma ns. areastIa 11r•af.. YM' Vac -, e1 nal be •iiN] r apCfc..!!t t'a •wrT1 Dr. et Hwll CaDanman Page 40 of 150 6.3.11 Downtown Suitable primarily for development that accommodates and encourages further expansion and renewal in the downtown core business area of the community. A variety of business, public, quasi -public, cultural, residential and other related uses are encouraged. The greatest possible concentration of retail sales and business is to occur in this land use designation. Pedestrian friendly uses and developments are encouraged. Land within this district is the only place to utilize the CBD zoning designation. Other zones within Downtown Eagle may include Mixed Use, Residential, Commercial and Professional Office. V II.L7.1N 1111MT City of Eagle Land Use Map Resolution No, 02- I I Adpotcd February 7, 2011 +.enc 1,eee I_ I Resldannal Riral r. R• esldentlal Certo IRnstanufa; One I Resllonkia!Twa 1_ I Rasldentlal Temp L. R• esldenalsi F?.Jr L I HIi Density Realdnneal 1 Trons4mei Reeidontial I._—I Mina Genu I I Mined Una, P• rafes_Inial Offer ...CZ �ba Commercial Industml 1-71 P• vblldSolrt•PIIbF c 1:771 Eagle Island Spee al Use Area Floodway Scenic Dontlor r\ rap Co>petptr .l a!}0, U14 mites e'r int llsnrlt. In. hM.Tte 0,141.1 I1. Fold ler ci Tp Lute •,1 LI Ridge w/ approx 30' drop in elevation -dropping north Chase Farm -Future Residential Equals 1 mile • Future Residential Currently Under Construction Existing Tower SAMPLING OF POOR CELL SERVICE IN EAGLE, IDAHO Residential ..Q Business 4•, E Kno11 Dr' J 1 I' E'Hogat, a 3. ;�: C Ridge0c Ston n, c-TreVIC • • C • c o St• .i . ^• - - E - d e • t•�' mar , ',-`•�- r. G�`Dr _a • • y o 'tri y7: n ..oW �a w rI_ ti_ < Q. ` hns' 9 w J. r1 ' •-'- r_ : N: Pe � _''r',-' • ' - r , f Z cr z• 4 r .I �'ry nna Ch S,''• -�l R , .b• Op 6.. i (rt, V; •� _` _. - -=r 'r -----...t.:.._ •• Z _� m Hci m HALL •.. �"""'�aknft inmrn- �I o '- •iw Creek a • • L Stafe,St a t �� ., c ' 4 � a • ? .;z •S , � -. `r _E•LY •'='' -- r_ •. fi t T'—- _.r •.l` 1.�w i�:.p �1 ,F� . y a''efKO F f E C o a�'d�Ur _ 'N: . y. .. I- -.•j'- i r '` I{ �' j; Lo9•,` `. -:-�, (7;d- :1'-' :i rJr\ . rj•'•3' Y - n • .t ��- 1_ �, Iil O +*'.'t`. ..r b „� E±iatseY�l nmm� !... r %-3?'t� �� [? 6l(�• �'� err fel r.. ' .► /.o"� gr. r O'i • ti �' AO • , . O(, Sr, -. yv- 0 v 8 _ `. L R,'rve ,ne Dr ' '' `cagie Dr ----1- "� :` �� .' ' '� • 'o C. 'ev -E Snole' S _ .‘;i.4 201A U ogle .:`''` u) , � �? l• .J�, o 55 &'Idaho 44 EagryI ID i+ �.y j. i -I.... y i '' . E -Shadow( j E'ShadowvewStiii_ s :� - ` 1--•- e, fur, n.1u.,N'•• y? •', .. . VIEW OF UTILITY POLES ALONG STATE STREET IN DOWNTOWN EAGLE FROM EAGLE HILLS GOLF COURSE ity of Eagle's Post Office : protecteaglenow@gmail.com 'rotect Eagle's Neighborhoods! Materials Supporting Application to Construct a Wireless Broadband Service Tower at Eagle Hills Golf Course July 8, 2014 What We Are Proposing To Build On the Second Fairway Coverage Area is Densely Populated Suburban SKYWAY TOWERS CUP - AERIAL 41111.21.111 3 Location Map Preliminary Site Plan — • Z' :" • • ./ ° • (") s , • , • /1-11 f." ,6`,- • , • -.. • I \ , - - • 1.(4 SKYWAY TOWERN POWDER RIVER • • - . . N1MI MIK Ili I: Mil Silt ID ID -IV .11 EAGLE 1lL S WAS' ,k61 1 II) RAV I. AND aLIT,P OVER 5.1.1. SITE PI AN , (' - 5 Preliminary Site Plan C0000.01 $ '0949 703$400,114 013- Sr 040.40,3 03 0,0703. 2. 'MN. 50, 1•CA Tn .A1GICAPWC .461•.1 L37.1 70 r. 004037,072 0t0477 1 1 E,ILA=ti'_er S TI Pl AN 4. 1 3.3 (11) SKYV4AV TOW1ERS 7033 0017:17,. 10,,0 ,11.4 LIFE ell., .1 .1.1• POWDER RIVER 011.0.11,e4 .0. t ri= VI M 000 0304.1.9$1,40. 00. P00.1,721 NO. •C' 09.44. (NS 002C400 RI 7 0 i•43 ,91,10-1023 00 4044 10. .100.113? WIT0•33011419014 SITE NAME NORTH EAGLE SITE ID ID A10,2 611 N EAGLE HILLS WAY F.AGLE, It fi616 RAW LAND ENLA R017.13 !TIT: PLAN C - 2 6 Proposed Stealth Tower • Skyway's proposal to construct a stealth "monopine" tower designed to resemble local tree species to the greatest extent possible is consistent with the City's ordinance pertaining to wireless telecommunications towers Example of Mono -Pine Tower Eagle's Deficient Telecommunications Infrastructure (The Gap) • PRIMARY CAUSE OF THE GAP: As customer usage of wireless service has grown in Eagle, gaps in reliable service areas have developed and grown in both number and size because the "pipes" provided by the radio frequencies lack the capacity to reliably carry the service area's wireless traffic — Similar to "Rolling Blackouts" caused by inadequate power infrastructure, lack or absence of water pressure caused by inadequate water infrastructure, or backups caused by inadequate sanitary plumbing infrastructure, the symptoms (blocked and dropped calls, and blocked or slow data downloads and internet access) become much more pronounced during periods of heavy usage, such as network "busy hours" or during periods of bad weather, crisis and disaster — The problems will grow worse as customer usage grows — The area to be served by the proposed tower is an area in Eagle most in need of additional telecommunications network infrastructure • The geographic areas occupied by the users must then be broken into smaller cellular sub -areas, each having its own set of antennas to serve it, thereby creating the necessity of placing the towers closer to the users • We have reached the point that the gap that has opened in the subject area cannot be closed without adding a tower at or within the area's borders because that is from where the usage emanates 9 EVENTS LEADING TO CREATION OF WIRELESS SERVICE GAP IN THE SUBJECT AREA • Since 1997 when Eagle granted its last permit to build a cell tower, despite the huge growth in Eagle's population (from approximately 7000 in 1997 to over 23,000 today) and network use over the ensuing 17 years, the carriers have worked to offer an acceptable level of service without additional towers by adding antennas to existing towers and using the most efficient available technologies • From December, 1997 through December, 2013 in the U.S.: — Wireless "penetration" (the ratio of devices to total population) grew from 19.8% of population to 104.3% of the population; — Wireless Monthly Voice minutes grew from 5.8 Billion to 218.2 Billion (3762% growth) — Wireless Monthly Data Usage grew from nothing to 269.1 Billion Megabits — Wireless Cell sites grew from 51,600 to 304,360 — Wireless -Only households in Idaho grew to over 45%, with over 55% of Idaho's children living in those households • Those growth rates are almost certainly exceeded in Eagle since the community's growth in population far exceeds the growth rate of the nation • Eagle's carriers have now exhausted their ability to stretch the capacity of the existing towers, having succeeded in handling massive increases in customer usage without adding a single tower for 17 years, while the rest of the nation has experienced more than a 590% increase in the number of towers 10 Rapid Growth in Usage Will Continue • The following graph illustrates the history of national average growth rates for voice and data over the past 5 years as well as the predicted growth over the next 30 months: R D. Al• Dr.) ^kX+r • dOCS 411 • Cisco predicts the amount of traffic to be carried by carrier networks will increase by another 800% by 2018, while Ericsson forecasts Mobile data traffic will jump tenfold over the next five years 11 Available Remedies to Close the Gap • SOLUTIONS BEING USED NATIONWIDE TO CLOSE THE GAPS: — As a general rule, industry, government, interest groups and citizens have cooperated to find ways to close these gaps by bringing the network closer to homes and businesses in the least obtrusive way possible — The Federal Government has granted the carriers more spectrum to enable them to build larger "pipes" to carry the increases in traffic — The carriers have helped reduce the number of towers needed to serve a community or geographic area by ending their former practice of seeking a competitive advantage by not allowing other carriers to install onto towers they occupy — The carriers have funded research, added antennas and lines to existing towers, and deployed the latest available technologies to maximize traffic carrying capacity and network efficiencies on each tower — The carriers have promoted the use of WiFi compatible phones and tablets to enable customer usage of WiFi where available so as not to add to the burden being placed on carrier networks — The tower industry and carriers supported the design, development and deployment of towers that look as close as possible to pine, palm and eucalyptus trees, as well as cactus and "unipoles", among other things — State and Local govemments have revised rules and processes to eliminate unnecessary impediments to network deployments, gather relevant data and make informed decisions more quickly, and set forth clearer guidelines and requirements for the industry in the same way Eagle has done with the adoption of its new ordinance — Local governments, businesses, homeowners and interest groups have supported use of network - compatibly placed new tower locations such as municipal parks, schools, athletic fields, fire departments, churches and neighborhood golf courses — All branches of Federal, State and Local government have more clearly defined the role of Local government in the tower permitting process 12 EAGLE HILLS SCHOOL SITE Yellow: North Eagle (New Site :predicted indoor coverage). •116.3333 •116 2500 1163333 •116.2500 14 Relative Network Positions of Elementary School and Golf Course Tower Site Proposals sIN etookwoad Dr Floating Feather Rd E Knoll Dr E "Gkinghac E Kite Dr E Ridge O't 0.500 mi Eagle Hi s Elementary 43.70290°N 116.34544°W Friendship Or 4_ Park Z � Way Qc m� Dr 0o .9 Orval Krasen Park V State St sion Dr z a CC (.13 m -- E Idaho St W z r .I °Eagle Herrtage Park and Gazebo Di). Creek E Morlaroh Sf E Amanita St d 0 Ivic n St `7 a 5 gang E Tre o St E Kite St Eagle Hills GC (current loc.,. 43.69790°N 116.34029°W h 0 rn s4 e 15 at&t Location of AT&T sites near proposed site. Proposed Active at&t Coverage by Sector Identify capacity relief sector Sector to offload BOISIDU1105 New coverage footprint and qpacity BOISIDU1051 atsct Coverage Signal Weak Coverage Color Coverage Definition Good Coverage Fair Coverage green Yell() w grey Poor or No Coverage Improved Coverage 18 Verizon Coverage Before IP EAGLE HILLS 19 Verizon Coverage After GAUIILION r.. -.� �" EOGA RI 20 The Monopine's Height • The record is clear that: — due to the high customer usage in the area, the fact that RF signals cover less area when the antennas are placed at lower elevations, and the fact that vegetation and buildings interfere with RF signal strength and distance, the lowest usable elevation on this tower would be at 65'; and — 110' of height is the minimum required if the City desires a tower that will serve 4 carriers plus the emerging first responder network (FirstNet, or a local equivalent) since the usable carrier elevations applied for are at 65', 75', 85', 95' and 105' • As indicated from the RF Propagation Maps, Skyway's compromises of 1) moving the tower away from the school site, while 2) not requesting the additional height to offset the coverage lost by the location change already results in less than optimal closure of the gap • For each 10 feet of height the City demands we reduce the height of the proposed tower, one carrier will be eliminated as a potential user, and will then be justified in applying to construct its own tower to serve the area — For example, a requirement that we limit the tower to 90' of height would not only speed the day when the carriers placed at the top elevations of 85' and 75' need to add towers within the neighborhood to close the growing gap, but the carriers placed at 65' and 55' would instantly be justified in filing to not only collocate onto this tower, but also to construct at least one additional tower within or immediately adjacent to the neighborhood since it would be necessary to serve the area — To limit the tower to the tree line as was suggested at the Planning and Zoning meeting would result in the need to revise the City's existing setback requirements to allow a greater number of towers to be placed throughout the neighborhood, and/or allow duplicate towers at the exact same location 21 The Monopine's Stealthing • The transcript of the closing discussions by both the Staff and members of the Planning and Zoning Commission makes it clear that the Commission recognized: 1) wireless service in the proposed area is deficient: 2) a new tower would benefit the community: and 3) the issue has reached the point the Commission expects numerous applications for new towers to serve the growing community. — However, after discussing the possibility of closing the gap by allowing a greater number of shorter towers, the Commission made the following erroneous conclusion to recommend denial: 110 feet of height made the tower impossible to camouflage and therefore hazardous, disturbing and not harmonious with the objectives of the Comprehensive Plan • The City's ordinance expressly recognizes that towers can be successfully camouflaged as pine trees • Throughout the U.S., thousands of Monopines are being installed in neighborhoods and environmentally sensitive areas, including the 150' tree in Bar Harbor, Maine and another in Golden, Colorado adjacent to an Open Space nature preserve designed by Skyway with input from local zoning officials • The record demonstrates that one does not need to go far to find natural trees of similar height (specifically at or around 97') existing within the same field of vision of the proposed tower site, such as the ones at the bend of South Edgewood to the southeast of the site — In conformance with both the spirit and letter of the City's ordinance, the 110' height is required to maximize the collocation ability of the tower (so as to minimize the number of towers needed within or bordering the neighborhood), in the same way that the tower approved in 1997 for 120' was permitted to be extended to 135' — The commissioners may have been influenced by the grossly inaccurate "Godzilla Tower" photo simulations put forth by the opposition • Skyway paid for a balloon test that eliminated any mystery about the height of the tower when observed from various locations, and submitted photo simulations performed by Powder River, a national wireless services company headquartered in Eagle with expertise in producing accurate tower photo sims 23 Balloon Test 1 Balloon Test 2 ft,‘ . ' V . . ' If • i ! ' il.'‘' , t,, Balloon Test 3 Balloon Test 4 Balloon Test 5 4" ik010! I!liilllllllll111 Illlilll111111111 IIIlillll!IIIIIIII IIIIIIIIIIIIIII IIIIIIIIIIIIIIIII1 28 Balloon Test 6 Photo -simulation Looking North -je POWDER RIVE ID -01052 North Eagle • Looking North Rev -0. 01092014 Before (PHOTO 15 FOR ILLUSTRATIVE PURPOSES ONLY) After 30 Photo -simulation Looking East POWDER RIPER ID -01052 North Eagle - Looking East Rev -0. 01092014 Before SKYWAY TOWERS (PHOTO IS FOR ILLUSTRATIVE PURPOSES ONLY) After 31 Photo -simulation Looking West POWDER RIVER ID -01052 North Eagle - Looking West Rev -0. 01092014 Before (1) SKYWAY TOWERS (PHOTO IS FOR ILLUSTRATIVE PURPOSES ONLY) After 32 Photo -simulation Looking South ^ie POWDER RIVER ID -01052 North Eagle - Looking South Rev -0. 01092014 Before (1) SKYWAY TOWERS (PHOTO IS FOR ILLUSTRATIVE PURPOSES ONLY) After 33 Noise • The Planning and Zoning Commission found that the noise generated by the air conditioners that will be installed on the shelters AT&T and Verizon plan to use at the proposed tower site "will be disturbing to the neighborhood". The record shows that those air conditioning units will generate noise levels virtually identical to air conditioners currently being used throughout the neighborhoods of the U.S. Standard Home AC Units Carrier Infinity 15 Heat Pump Carrier Infinity 16 Heat Pump Carrier Infinity 17 Heat Pump Carrier Infinity 21 Heat Pump Carrier Comfort Series Decibel 68 66 69 65 68 Tower's Shelter AC Units Marvair ComPac VII Air Conditioner Bard Decibel 70 70 • Skyway consulted a noise expert and had the site information reviewed in detail. We requested that the analysis be conducted in a "worst case" scenario with noise measured at the outside of the nearest residence, with all 4 units running simultaneously, while located at the same end of each shelter. The only noise mitigation we asked be considered is the fact that the units will be below the top of the fence with which we plan to surround the site. Under those circumstances, the fence and distance to the nearest residence dampened the noise to 41 dBA at most, which is less than that which is experienced from nearer standard air conditioning units currently being used by homeowners in neighborhoods today. That study has been submitted and made a part of the record. • To further mitigate the concern about noise, Skyway will require that AT&T and Verizon place their air conditioning units so as not to face in the same direction as the other. 34 The Fence and Access Road • The Planning and Zoning Commissioners also found "the proposed solid fencing is not compatible to the open style fencing in proximity to the site, and... the service road for the proposed site is much larger than a typical cart path...Thus, the proposed use and site will not be harmonious and appropriate in appearance with the existing character of the general vicinity and as proposed will change the essential character of the area." • Fencing: Skyway already proposed landscaping to surround the fence, and will comply with whatever requirements the City imposes for the design of the fence, so long as those requirements also meet state and federal safety requirements and insurability standards — Skyway suggests, however that the City consider retaining a "solid" fence in the final design to help meet the noise concerns mentioned by some neighbors • Access Road: The general vicinity of the area is made up of the commercial golf course, its club house and parking lot, as well as the adjoining neighborhood with its public roadways over which private and commercial traffic constantly flows, including three paved public roads in close proximity to the access driveway, each 33' wide — The proposed access road is designed to be 12' wide (the existing cart path on the second fairway is 5' wide) and meets the City's rules and requirements for use by the city's emergency vehicles — After completion of a tower site's construction, traffic over the road will be exceptionally Iight...typically less than one or two light vehicles per week as Skyway and the carriers need only perform routine maintenance and periodic optimization activities on the technologies installed there 35 • Other Opposition Arguments Ignore Facts and Would Deny the Public the Benefits of Closing the Gap in Essential Services Reliable Wireless Broadband and Emergency Services • Opponents claim there will be no public benefit to providing reliable emergency services when the gap is closed — More than 70% of all emergency calls are placed with a mobile phone. — Wireless users of all ages rely on wireless devices to report medical emergencies, accidents, crimes, and fires at home, school, work and everywhere in between. — Crisis centers are teaching employees and volunteers how to help teenagers who reach out during a personal crisis by text messages or chat services, saying many prefer the additional anonymity of using their wireless device — Public safety services depend on robust wireless infrastructure to provide accurate location information to respond to calls from wireless devices. — The National Science Foundation has developed a potentially game -changing smartphone app that allows 911 operators critical insights into what's going on at the scene of an emergency call by relaying crucial biometric data to dispatchers, enabling them to gather vital signs and other information that helps them assist victims and empower first responders. 37 Reliable Wireless Broadband and Emergency Services • Mobile text and voice alerts allow local, state, and federal public safety agencies to provide early warnings and critical information to the public before, during, and after emergencies, including storms, tornadoes, floods, hurricanes, fires, child abductions (such as Amber Alerts) and missing seniors (such as Silver Alerts). • Public safety agencies across the country utilize wireless broadband services for critical activities such as dispatching, connecting to law enforcement databases, and emergency alerting. • The carriers and equipment manufactures' standards setting bodies are currently working with first responder organizations to develop and deploy equipment and wireless services that will work on all available carrier networks and FirstNet (the nationwide dedicated first responder network currently in the early stages of deployment) during emergencies and disasters. • The American Red Cross is increasingly turning to mobile to dispense vital safety information before during and after all kinds of emergencies according to Dom ToIIi, Vice President of Product Development in the Red Cross Preparedness Health and Safety Division. • It is undeniable that the inability of a wireless user to connect to a network because of a lack of adequate infrastructure endangers both citizens and first responders. 38 Growing List of Benefits of Wireless Services • Opponents claim there are no health and welfare benefits to closing the service gap. • CBS Morning News recently reported that there are now 43,689 medical, health and fitness apps available on mobile devices • A survey by Manhattan Research revealed more than one-third of responding doctors recommended a smartphone application to patients in the previous year • Wireless networks now transmit real time information to distant doctors wherever they are, enabling them to make informed decisions when handling emergency situations or referrals from other doctors, healthcare workers, family caregivers, and home healthcare aides. • A public safety app is available that notifies CPR -trained citizens of heart attack victims in their vicinity who need immediate assistance. • Modern wireless LTE networks, precisely what AT&T and Verizon will deploy onto this tower, are now enabling the invention and deployment of a range of new devices to support the services listed above, as well as permitting EMT's to transmit patient data to hospitals while en route in ambulances. • Examples of Currently Available Health Care Aids Supported by Today's Networks: A pill with a tiny radio implanted inside that enables seniors, the disabled or those living alone to remain independent. Once digested, the radio powers up by using electrolytes present in stomach acid to let your doctor or care giver know immediately that you took the medicine; A band-aid sized monitor that tracks seven heart functions and can wirelessly alert you and your doctor — or call 911 — if a heart attack is imminent; A wireless stethoscope for patients who cannot easily get to a doctor's office or hospital; Non-invasive, disposable devices that can track heart rhythm, blood pressure, respiratory rate, oxygen saturation, blood glucose, brain waves and many more physiological metrics. • And these are just a start...products are now available or under development that provide remote monitoring of diseases like Alzheimer's, asthma, breast cancer, depression, diabetes and heart failure, as well as enabling cars to avoid accidents. 39 Radio Frequency Emissions • Local residents have expressed concerns about the health effects of RF emissions • Objective science based organizations have examined the issue thousands of times and found no credible evidence that RF emissions have adverse health effects. — The World Health Organization continues a review of all available studies and has concluded that "there is no convincing scientific evidence that the weak RF signals from base stations and wireless networks cause adverse health effects." — The U.S. Food and Drug Administration continues to monitor the subject and has determined that based on all available evidence, there is "no increased health risk due to radio-frequency (RF) energy, a form of electromagnetic radiation that is emitted by cell phones." {Note: a user's RF exposure from a tower is less than that of a cell phone which is held close to the user} — The National Cancer Institute and the FCC have reached similar conclusions • The studies and record in this proceeding demonstrate that this tower will be operated in a way that adheres to all applicable regulations and the RF the emissions from the site will not be a health hazard as they will amount to a miniscule percentage of the government's permitted levels. • Under federal law, zoning authorities may not consider the health effects of radio frequency ("RF") emissions when authorizing the placement or construction of a facility if the facility complies with federal rules. 40 Property Values • Relying on studies performed before the availability of smart phones, tablets, and camouflaged cell sites which provide the essential wireless data apps and services set forth in preceding graphs, the opponents claim nearby properties will experience losses in value ranging from 2% to 20%. • More recent, independent sources demonstrate that this is no longer true, if it ever was: • An ABC News Report of February 10, 2014 by Michael Estrin listing the "Top 10 Must -Haves to Sell to Young Homebuyers" lists # 6 as Technology (ahead of Energy Efficiency, Staging, HOA Costs, and Online Photos): — "A generation ago, buyers didn't care about a home's technological capabilities. Either it had cable hookups or it didn't. Today, buyers want to know about the home's technology. They want to hear about cell service and Internet, not cable and telephone. — 'Most young homebuyers laugh at a landline phone, and even if they buy a house that has a jack, it is rarely used,' [Real Estate Agent Lou] Cardillo says. — In some cases, a house's appeal can be increased or diminished because of the strength of a mobile carrier's signal or its Internet service provider options, Cardillo says. While cell phone and Internet services are out of the seller's hands, Cardillo says sellers or their agents should be prepared to field questions on that front. — `Internet and cell service matters a lot to this generation, and they're going to ask, so you need to have answers,' he says. • The two more recently performed licensed appraiser studies in the record verify the conclusions reported in the ABC News Report. 41 Property Values • The neutral to positive impact on property values is understandable given the fact mobile telephone services are rapidly replacing wired home phones as the nation's primary telecommunication infrastructure. • US Wireless Only average trends, which Idaho exceeds, among prime home - purchasing ages: — Ages 30-34 "Wireless Only" grew from 33.5% in 2009 to 56.7% in 2012 — Ages "35-44" Wireless Only grew from 21.5% in 2009 to 43.5% in 2012 — as of December, 2011 more than 54.8% of Idaho children live in "Mobile Only" households. (National study published by U.S Dept. of Health and Human Services Centers for Disease Control and Prevention, National Center for Health Statistics, Oct., 2012) . • Home buyers increasingly validate wireless coverage inside a home prior to buying. • While every potential home buyer has his/her own "checklist", the available data indicates that the availability of reliable mobile services would enhance the value of a home, while the lack of reliable services could inhibit sales, and that this trend will continue to accelerate with future buyers. 42