Resolution - 2014 - 14-22 - Establishing A Stakeholders Committee, Purpose, Term And Members - 09/26/2014 RESOLUTION NO. 14-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAGLE, ADA COUNTY,
IDAHO, ESTABLISHING A STAKEHOLDERS COMMITTEE, THE PURPOSES OF SUCH
COMMITTEE, THE TERM OF THE COMMITTEE AND COMMITTEE MEMBERS, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle, Ada County, Idaho (the "City"), is a municipal
corporation duly organized and operating under the laws of the State of Idaho; and
WHEREAS, the City Council of the City of Eagle is authorized by Title 2, Chapter 4,
Eagle City Code, to establish a Stakeholders Committee ("Committee") to provide the Mayor
and City Council advice on the evaluation of Eagle Road/State Street intersection alternatives
and recommendations on the most preferred intersection alternative(s); and
WHEREAS, the City Council confirms the appointment of the Committee members by
the Mayor and establishes the term of said Committee.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EAGLE, ADA COUNTY, IDAHO, as follows:
Section 1: That, pursuant to Title 2, Chapter 4, Eagle City Code, the Eagle City Council
hereby establishes the Committee to gather information and advise the Mayor and City Council
on the evaluation of Eagle Road/State Street intersection alternatives and recommendations on
the most preferred intersection alternative(s).
Section 2: The purpose of the Committee is to:
a) understand the political, social, financial and physical "landscapes" within the
community with respect to Eagle Road/State Street intersection alternatives;
b) gather feedback on the intersection alternatives;
c) review the related work and deliverables of prior participants and committees;
d) prioritize the evaluation criteria and, if necessary, re-prioritize the performance of
each intersection alternative against each criterion;
e) identify the most preferred intersection alternative(s) based on these prioritizations;
and
f) conduct a sensitivity analysis to ascertain how systematic changes in these
prioritizations affect the decision outcome(s).
Section 3: All members shall serve the same term as the Committee will be dissolved
upon the receipt of the Committee's report and recommendations to the Mayor and City Council
regarding the most preferred Eagle Road/State Street intersection alternative(s). In no event will
the term of the Committee exceed three (3) months from the effective date of this Resolution
unless its term is amended by Resolution of the City Council. The Committee is subject to the
requirements of the Idaho Open Meetings Act and shall post agendas and keep minutes of their
meetings. The City Council may provide additional direction to the Committee through the
Mayor after such action is taken at an open meeting of the City Council. The members of the
Committee shall serve without compensation.
Section 4: This resolution shall take effect and be in force from and after its passage and
approval.
DATED this X6. day of September, 2014.
CITY OF EAGLE
• da County, Idaho
40 soolle 8 II I I uf mes D. Reyn•1 I;, Mayor �.•'�04 tif;G hF,�•'••,A
ATTEST: .... �Q�RAr� •
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Sharon K. Bergmann, City C erk S'•, �'•.;;; �O•,'
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MOORE SMITH BUXTON & TURCKE,
CHARTERED
ATTORNEYS AT LAW
BANNER BANK BUILDING
950 W. BANNOCK STREET, SUITE 520, BOISE, ID 83702
TELEPHONE: (208) 331 -1800 FAX: (208) 331 -1202
MEMORANDUM
TO: Mayor and City Council
FROM: Susan E. Buxton
DATE: December 10, 2014
RE: Mayoral Appointments to Eagle Road and State Street Intersection
Stakeholder Committee ( "Stakeholder Committee ")
Pursuant to Resolution 14 -22 and 14 -29, the following members of the Stakeholders
Committee are hereby nominated thereto by Mayor James D. Reynolds, for confirmation
by the City Council.
Here is the list of known primary and secondary voting representatives to the new Eagle
Road/State Street Stakeholders Committee: ( "TBD" = "To Be Determined ")
Design Review Board: Robert Grubb, Primary; Terry Sayer, Secondary;
Eagle Fire Department: Mike Winkle, Primary; TBD, Secondary;
Eagle Historic Preservation Commission: Shawn Nickel, Primary; TBD, Secondary;
Eagle Elementary School /Meridian School District: Chris Housel, Primary; TBD, Secondary;
Eagle Transportation Committee: Joel Grounds, Primary; TBD, Secondary;
Eagle Chamber of Commerce: Gretchen Gilbert, Primary; TBD, Secondary;
Eagle Police Department: Patrick Calley, Primary; TBD, Secondary;
Affected Businesses Subgroup: Naomi Preston, Primary; Dan Todd, Secondary;
Affected Residences Subgroup: Cindy Stroud, Primary; Jane Kramer, Secondary;
Senior Citizens Subgroup: TBD, Primary; TBD, Secondary;
Eagle City Council: Jeff Kunz, Primary; TBD, Secondary;
Some seats noted as "TBD" have not been determined but will come to a future City
Council meeting for appointment and confirmation as necessary.
The Mayor and Council are requested to consider and provide direction as to whether or
not the following groups should be represented on the new Stakeholders Committee:
Ada County Highway District
Eagle Urban Renewal Agency Citizens Advisory Committee
Valley Regional Transit
INVOCATION:
REGULAR COUNCIL AGENDA: 6:30 p.m.
1. CALL TO ORDER: Mayor Reynolds calls the meeting to order at 6:35 p.m.
2. ROLL CALL: MCFARLAND, BUTLER, KUNZ, RIDGEWAY. All present. A quorum
is present.
3. PLEDGE OF ALLEGIANCE: Mayor Reynolds leads the Pledge of Allegiance.
4. ADDITIONS,DELETIONS OR MODIFICATIONS TO THE AGENDA:
Butler: I would move that the following modification be made: Consent Agenda Item #6E
Minutes of November 25,2014 be remanded back to staff,Consent Agenda Item #6G
Resolution No. 14-28,this is a resolution for the Mayor to sign and we did not have this in
the packet so I would remand this back to staff,Item #7B Resolution No. 14-29 Stake
holders Committee that this is to be placed on the Consent Agenda, Item #7B-1 the
appointment and confirmation of members to the Stakeholders Committee be moved to the
Consent Agenda with the following understanding: "Design Review Board shall be Robert
Grub, primary and Terry Sayer secondary,Eagle Fire Department Mike Winkle primary
and secondary to be determined,Eagle Historic Preservation Commission Shawn Nickle
primary and secondary to be determined,Eagle Elementary,Meridian School District
Chris Housel and secondary to be determined,Eagle Transportation Committee Joel
Grounds and secondary to be determined,Eagle Chamber of Commerce Gretchen Gilbert
and secondary to be determined,Eagle Police Department Patrick Calley and secondary to
be determined,Affected Business Subgroup Naomi Preston and secondary Dan Todd,
Affected Residents Subgroup Cindy Stroud and secondary Jane Kramer, Senior Citizens
Group to be determined,Eagle City Council Jeff Kunz who will not be placed on the
committee as he will be leading the effort and therefore will not be a voting member". Item
8B which is the annexation and rezone for Gated Gardens Subdivision be moved to be
after Item #8D so that would become D-1,and Item#9A a waiver of fees be move to the
Consent Agenda. Discussion. Seconded by Kunz. ALL AYES: MOTION
CARRIES
5. 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.
Jonathan Marder, 1700 N. Trail Creek Way, my home backs up right to the Eagle Sports
Complex, I attended and spoke at a couple of the meetings regarding the Terrain Park in regards
to my concerns with noise and lights. We purchased our home because it backed up to a park.
One does not expect to have industrial equipment running through the entire evening and well
into the morning at a park. One doesn't expect to have their privacy violated by large lights
illuminating nothing but the back of our home. Discusses the vendor contract. My wife and I
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EAGLE CITY COUNCIL
Special Meeting Minutes
February 10,2015
INVOCATION:
1. CALL TO ORDER: 5:30 p.m.
2. ROLL CALL: Present: BUTLER,MCFARLAND,KUNZ,RIDGEWAY. Absent: A
quorum is present.
3. PLEDGE OF ALLEGIANCE:
4. ADDITIONS,DELETIONS OR MODIFICATIONS TO THE AGENDA
Kunz would like to remove item 7G to make a correction.
McFarland would like to remand item 8B back to staff as per staff memo,also move item
8C to after 10D. Seconded by Butler. ALL AYE....MOTION CARRIES.
Ridgeway requests item 7B to be removed from the consent agenda for a brief discussion.
5. EXECUTIVE SESSION: 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:
A. Idaho Code 67-2345 (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 item.
McFarland moves to go into Executive Session in accordance with I.C. 67-2345(1) 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. Seconded by Kunz. Discussion. City Attorney Buxton
states that the discussion concerns threatened litigation on City land use decisions by many
different parties. Ridgeway: AYE; Butler: AYE; McFarland: AYE; Kunz AYE: ALL
AYES: MOTION CARRIES
Council goes into Executive Session at 5:35 p.m.
Council discusses pending and threatened litigation.
Council leaves Executive Session at 6:24 p.m.
6. PUBLIC COMMENT:
Naomi Preston provides written and verbal comments on the Eagle and State Street Intersection.
She feels the current Eagle and State Street intersection study should be tabled and provides a list
of seven items supporting this recommendation. She would like this to be placed on a future
agenda.
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Patricia Minkiewicz, Deerfield Court Eagle, Idaho. She was impressed with the turnout for the
State of the City Address. She would like the Annual Food and Wine Festival to be included for
their efforts in future State of the City addresses. Ms. Minkiewicz, offers several suggestions to
improve next year's State of the City Address, so that Eagle is known as a more well-rounded
city rather than just a fun place.
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.
7. 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 15-06 - Appointing Board Member and Alternate to the Valley
Regional Transit Board. (JDR)
D. Minutes of January 27,2015:
E. Agreement and Professional Services Agreement between the City of Eagle
and Idaho Transportation Department: Project No. A013 (916) and A013
917), commonly referred to as Dry Creek Trail Phase 1 & 2. (MA)
F. Resolution No. 15-04: A Resolution Authorizing Destruction of Semi-
Permanent Public Records. (SKB)
H. Resolution No. 15-07: A Resolution Authorizing Destruction of Temporary
Public Records. (SKB)
I. Approval to pay$6,372.33 which is V2 of the $12,744.67 repair that was done
at the Senior Center-The repair was for repairing and removing the mold and
damage that was caused by the leaky dishwasher. This item was discussed at the
November 25, 2014 pre-Council meeting. (MA)
Ridgeway moves to approve the consent agenda items A-I excluding B& G. Seconded by
Butler. RIDGEWAY AYE: BUTLER AYE; MCFARLAND AYE; KUNZ AYE. ALL
AYES: MOTION CARRIES
B. Resolution 15-01 —2015 Comprehensive Plan: Adopting the 2015 Eagle Comprehensive
Plan to be consistent with recent City Council actions. (WEV)
Council member Ridgeway thought this was regarding a comprehensive plan advisory
committee. Discussion.
Planner Baird Spencer provides clarification on the resolution before the Council tonight.
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Butler moves to approve 7 B as presented. Seconded by McFarland. ALL
AYE...MOTION CARRIES.
G. Confirmation of Eagle Road/State Street Stakeholder's Committee voting
representatives: Eagle Chamber of Commerce, Lindsey Pretty Weasel, secondary voting
representative. Senior Citizens Subgroup: Donna Abbott, primary; Olivine Kendall, secondary.
JK)
Kunz moves to correct the confirmation and remove Donna Abbot as the primary for the
Senior Citizens Subgroup,and be replaced by Helen Crewse,and approve the others as
presented on the agenda.. Seconded by McFarland. ALL AYE...MOTION CARRIES
8.UNFINISHED BUSINESS:
A. CU-01-14 — Conditional Use Permit - Skyway Towers, LLC: Skyway Towers, LLC,
represented by Shawn Nickel with SLN Planning, is requesting conditional use permit approval
for a 95-foot high camouflaged cell tower (defined as "personal wireless facility height-over 35-
feet" in Eagle City Code) with the option to increase the height of the tower to 115-feet in the
future. Note: this is a new public hearing (post mediation) and new information has been
provided and new information will be discussed. 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. This item was continuedfrom the January 27, 2015 meeting. (WEV)
Mayor Reynolds introduces the item.
City Attorney Buxton gives an overview of action at the last Council meeting.
Council deliberation. Ridgeway discusses possible relocation of proposed tower closer to the
clubhouse, as it may be a less intrusive location.
Dan Behuniak 20525 Amberfield Dr. Ste. 102 Land 0 Lakes, FL responds to Ridgeway's
question. They had considered moving it to that location, but because of water and drainage
matters it was regarded as too risky. Other sites were considered, the only other site was on the
back 9 that the owner agreed to, but it did not meet the RF requirements.
City Attorney Buxton noted that the City has to apply both federal and local law, it is a unique
situation. Discussion.
Discussion amongst Council. McFarland states that she was involved in the mediation; a lot of
research has been done on this application. It is unfortunate but in accordance with Federal Laws
it seems as though the City will be sued if the application is denied. Kunz provides his analysis
of how the application does or does not comply with Eagle City Code. Additionally he provides
comment on the Trott Study, as well as federal law and how to apply the same to the application.
Butler comments on what a difficult decision this is before them, and the challenge of adhering
to Federal law, City Code and balance the needs of the immediate neighbors and those of the
community at large. Discussion on camouflaged vs. non-camouflaged poles.
City Attorney Buxton provides comment on Idaho State Code 67-6512(f). Idaho legislature has
had several cases that address waivers of specific local ordinances with regard to planning and
zoning, they have addressed instances where there were unanticipated consequences to their
ordinances. 67-6512(f) reads: In addition to other processes permitted by this chapter,
exceptions or waivers of standards, other than use, inclusive of the subject matter addressed by
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section 67-6516, Idaho Code, in a zoning ordinance may be permitted through issuance of a
special use permit or by administrative process specified by ordinance, subject to such conditions
as may be imposed pursuant to a local ordinance drafted to implement subsection (d) of this
section. The State Code allows instances where there are unanticipated consequences as the
Council may encounter with this matter because of the Federal Communications Act that you
could identify those areas in your standards that you would be able to waive in order to go
forward with the decisions.
Ridgeway comments on the gaps in service and information provided in the Trott Report.
Discussion amongst the Council.
Council member Kunz poses a question: to Mr. Behuniak. Is it correct that the school and the 2"
hole are the only 2 sites that he has been able to identify that met all of the requirements
including partially closing the coverage gap? Mr. Behuniak confirms this and the Trott Study
confirms this as well. They are the only 2 locations that are available, and the school site is no
longer available. Available meaning that there is a landowner that is willing to dedicate the land.
There were no other alternative sites that came close to meeting the requirements.
City Attoney Buxton states that Mr. Steve Lord has in the past has represented the views of the
homeowners. The Mayor inquires if anyone else in the audience wishes to address the Council
or are they willing to let Mr. Lord speak. No one responds.
Mr. Lord does not recall any alternative location study for a 2 mile radius. He does not believe a
2 mile study was conducted.
Butler moves to approve CU-01-14 — Conditional Use Permit - Skyway Towers, LLC with
the pole being a monopole 115' tall, no higher than that. That the application go through
Design Review. That the surrounding fence not be cedar,that it be block,at least 8' high to
be able to block the sound. And that the tower is colored to match as close as possible the
sky. Seconded by McFarland. Discussion. City Attorney Buxton: provides clarification on
FCC pending regulations. If Council decides to approve, she suggests, that the City would
ask that the applicant agree with the Council to the limitations as defined within our
Conditional Use permit and not invoke any of the changes allowed by the CFR's that may
be promulgated,without coming back to Council for a prior approval. Butler amends his
motion as such that what the City Attorney just said, and it become part of the motion.
Second concurs. Discussion. Butler amends to motion to be 115' monopine with the pole to
be 110'. Second concurs. Discussion. Butler: the applicant shall plant a 30' tall spruce
tree adjacent monopine to add to the grove affect. Second concurs. Discussion.
RIDGEWAY NAY; BUTLER AYE; MCFARLAND AYE; KUNZ AYE. MOTION
CARRIES.
B. Pressurized Irrigation Agreement (PI Agreement) Between the City of Eagle (Guerber
Park), Wycliffe Estates Subdivision, and Gateway Subdivision: The City of Eagle, in
conjunction with the developer of Wycliffe Estates Subdivision and Gateway Subdivision, is
requesting City Council approval of a pressurized irrigation agreement to establish rules and
guidelines for the maintenance and operation of a pressurized irrigation system to serve Wycliffe
Estates Subdivision, Gateway Subdivision, and Guerber Park. The site is generally located near
the northwest corner of State Highway 55 and Hill Road. This item was continued from the
January 27, 2015 meeting. (WEV)
Remanded back to staff see motion above.
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C. Discussion and possible action to create a committee to study Mayor and Council
salaries and provide recommendations prior to Council consideration of new salaries as
required by law. This item was continued from the January 27, 2015 meeting. (MLB)
Moved to 10E by motion above.
A 5-minute break is called.
Butler would like to move item 10A, AA-02-15 — Appeal of the Home Occupation Permit
HO-10-14) for a Dog Training Facility located at 173 N. Sierra View Way to the next item
of business, prior to item Public Hearings. Seconded by McFarland. ALL
AYE...MOTION CARRIES.
8D 10A. AA-02-15 — Appeal of the Home Occupation Permit (HO-10-14) for a Dog
Training Facility located at 173 N. Sierra View Way—Mary Hunter: Pursuant to Eagle City
Code Section 8-7-4(1), Mary Hunter is appealing the Zoning Administrator's Decision pertaining
to HO-10-14, a Home Occupation Permit for an on-site dog training facility. The 1.01-acre site is
located approximately 415-ft north of the intersection of State Highway 44 and Sierra View Way
in Redwood Creek Subdivision at 173 N. Sierra View Way. (WEV)
Mayor Reynolds introduces the item.
Butler moves to approve the appeal AA-02-15 — Appeal of the Home Occupation Permit
HO-10-14) for a Dog Training Facility located at 173 N. Sierra View Way removing the
conditions requested to be removed by the applicant,with the understanding that this lot is
the second lot in from a major arterial and that approval on this item shall not establish a
binding precedent for future home occupation permits. And that parking shall be onsite,
not on street for any home occupation permits. Seconded by McFarland. ALL
AYE...MOTION CARRES.
City Attorney Buxton, explains the process that would have to be gone through to appeal this
decision.
Discussion amongst the Council.
Butler moves to reconsider the motion. Seconded by McFarland. ALL AYE...MOTION
CARRIES.
Butler move to return this to be heard after item 9A & 9B. Seconded by McFarland. ALL
AYE...MOTION CARRIES.
9. PUBLIC HEARINGS: TO BEGIN AFTER 6:30 P.M.
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. A-04-14/RZ-04-14—Annexation and Rezone from RUT (Rural-Urban Transition) to R-
E (Residential-Estates) - Shane and Sharon Mace: Shane and Sharon Mace, represented by
Rick McGraw, are requesting approval of an annexation and rezone from RUT (Rural-Urban
Transition — Ada County designation) to R-E (Residential-Estates). The 4.6-acre site is located
approximately 1200-feet west of the intersection of South Chipper Way and South Locust Grove
Road at 1960 West Joplin Lane. (WEV)
Mayor Reynolds introduces the item.
Mayor: Does anyone on Council have any exparte contact to declare? None
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Mayor: Does anyone on Council have any potential or actual conflict of interest?None
Rick McGraw 408 S. Eagle Road Eagle, Idaho representing Shane and Sharon Mace. Mr.
McGraw makes himself available to answer any questions.
Mayor opens the public hearing.
No one chooses to speak.
Mayor closes the public hearing.
Butler moves to approve A-04-14/RZ-04-14 — Annexation and Rezone from RUT (Rural-
Urban Transition) to R-E (Residential-Estates) - Shane and Sharon Mace: Seconded by
Kunz. ALL AYE...MOTION CARRIES.
B. CU-07-14—Mobile Home (Occupied by a Family Member) and Setback Waiver—Shane
and Sharon Mace: Shane and Sharon Mace, represented by Rick McGraw, are requesting
conditional use permit approval to allow a mobile home occupied by a family member to
continue to be located upon a lot in which a single-family dwelling already exists. The applicant
is also requesting conditional use permit approval of a setback waiver to allow existing accessory
structures (which are located within a required setback)to remain upon annexation. The 4.6-acre
site is located approximately 1200-feet west of the intersection of South Chipper Way and South
Locust Grove Road at 1960 West Joplin Lane. (WEV)
Mayor Reynolds introduces the item.
Rick McGraw 408 S. Eagle Road Eagle, Idaho representing Shane and Sharon Mace. Mr.
McGraw makes himself available to answer any questions.
Mayor opens the public hearing.
No one chooses to speak.
Mayor closes the public hearing.
Butler moves to approve with staff conditions of approval CU-07-14 — Mobile Home
Occupied by a Family Member) and Setback Waiver—Shane and Sharon Mace: Seconded
by Kunz. ALL AYE...MOTION CARRIES.
A. AA-02-15 — Appeal of the Home Occupation Permit (HO-10-14) for a Dog Training
Facility located at 173 N. Sierra View Way — Mary Hunter: Pursuant to Eagle City Code
Section 8-7-4(1), Mary Hunter is appealing the Zoning Administrator's Decision pertaining to
H0-10-14, a Home Occupation Permit for an on-site dog training facility. The 1.01-acre site is
located approximately 415-ft north of the intersection of State Highway 44 and Sierra View Way
in Redwood Creek Subdivision at 173 N. Sierra View Way. (WEV)
Mary Hunter reviews her appeal of the home occupation permit restrictions. She asks for her
supporters and clients to stand. Ms. Hunter explains the training she provides and what she
brings to the Eagle community, residents and non-residents. She was told by a realtor that her
property was devalued because it only had a 2 car garage. That was one of the reasons for
construction of an accessory structure.
Randy Paulis, president of the Homeowners Association that Ms. Hunter is a member of. Mr.
Hunter states that the HOA had originally thought this was a hobby and not a business. The
CC&R's clearly state that businesses are not allowed. They want to keep the integrity of their
community and not allow businesses in their neighborhood. If they cannot cease to have the
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business, they would agree to the conditions placed on the home occupation with the zoning
permit.
Discussion between Mr. Paulis and Council.
Discussion amongst the Council.
Val Brooks 2987 N. Sierra View Way Eagle, Idaho. Ms. Brooks lives 2 houses down. She has
noticed that it does get noisy. So that aspect does affect her. Also she has been impacted by the
increase in traffic from the classes. She wants to be a good neighbor, she does like Mary but it
has started to affect the neighborhood.
Barbara Meyer lives in Boise, and she went to Mary Hunter to get her dog trained. When she
attended Mary's class, she was given very strict guidelines for parking and noise when attending
her class. Her dog is a success story, and Mary has helped a lot of people.
Cheryl Bloom 2153 Hollybrook Eagle, Idaho. Fallon, her service dog, is a student of Mary
Hunter. She did a great deal of research when looking for help to train her service dog. Ms.
Hunter provides an great service to the community.
Michael Peck 550 N. Sierra View Way Eagle, Idaho. Mary is a great trainer,there is no question.
We just don't feel a residential subdivision is the place for this type of business.
Brian Cole 3875 Nighthawk Lane Eagle, Idaho. He travels up and down Sierra View. Part of the
problem is when neighbors are having construction work done and the construction workers are
parking on the street.
Mary Hunter rebuts comments about the construction of the accessory building. She has been
conducting the business for 13 years and had never received a complaint. Discussion. Now that
construction is done, her customers are parking in her driveway and not in the street. She
discusses trip calculations.
Randy Paulis and Ms. Hunter enter into a discussion in an attempt to come to a compromise
between the HOA and Ms. Hunter.
A 5-minute break is called.
Butler was not in the room when the meeting reconvenes.
Ms. Hunter reviews the conditions that were agreed upon between herself and the Homeowners
Association representative during the break. The conditions and the changes to them are
displayed on the overhead and are as follows:
1.The applicant shall obtain a business license from the City of Eagle prior to the operation
of the dog training.
2.No signs are permitted for the home occupation.
3.The applicant shall conduct the home occupation completely within the enclosed garage
and backyard.
4.The applicant shall not use more than 25% of the floor area of the dwelling unit/garage
for the home occupation when indoors.
5.The applicant is limited to providing services to only three(3)client at a time.
6.The applicant shall schedule no more than five(5) sessions in a day(maximum of 15
clients per day).
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7.The applicant shall not operate more than four(4)days per week (e.g. Monday, Tuesday,
Wednesday, Saturday OR Sunday, Monday, Tuesday, Wednesday, etc.).
8.The indoor training shall conducted between the hours of 9:00 a.m.—8:30 p.m.
McFarland moves to approve AA-02-15—Appeal of the Home Occupation Permit (HO-10-
14) for a Dog Training Facility located at 173 N. Sierra View Way with the changes that are
specified on the record (see above). Seconded by Ridgeway. Discussion. ALL
AYE...(BUTLER ABSENT)MOTION CARRIES.
Butler returns to the meeting.
C. Public Hearing to Amend 2014/2015 Fiscal Year Budget: Notice is hereby given that the
City Council of the City of Eagle, Idaho, will hold a public hearing for consideration of an
amendment to the 2014/2015 fiscal year budget by appropriating additional monies received by
the City of Eagle, said hearing be held at City Hall, 660 E. Civic Lane, Eagle, Idaho on the 10th
day of February 2015at 6:30 p.m. (SKB)
Mayor Reynolds introduces the item.
Deputy Clerk Osborn briefly reviews the ordinance.
Mayor opens the public hearing.
No one chooses to speak.
Mayor closes the public hearing.
1. Ordinance 731 — Amending Appropriation Ordinance: : An Ordinance of the City of
Eagle, amending the Annual Appropriation Ordinance No. 722 for the fiscal year
beginning October 1. 2014 to reflect the receipt of unscheduled revenues, increasing and
establishing the appropriations for expenditures in the General Fund, providing that tax
levy upon taxable property with the City of Eagle is not affected hereby providing that
all ordinances in conflict herewith are repealed to the extent of such conflict, and
providing that the Ordinance shall be effective upon its publication date. (SKB)
McFarland moves to approve the amendment to the budget for fiscal year 2014-2015.
Seconded by Ridgeway. RIDGEWAY AYE. BUTLER AYE. MCFARLAND AYE KUNZ
AYE. ALL AYE...MOTION CARRIES.
McFarland moves, pursuant to Idaho Code, Section 50-902,that the rule requiring
Ordinances to be read on three different days with one reading to be in full be dispensed
with,and that Ordinance#731 be considered after being read once by title only. Seconded
by Kunz. ALL AYES: MOTION CARRIES
McFarland moves to approve Ordinance 731 —Amending Appropriation Ordinance.
Seconded by Ridgeway .ALL AYE...RIDGEWAY AYE,BUTLER AYE, MCFARLAND
AYE. KUNZ AYE. MOTION CARRIES.
10. NEW BUSINESS:
A. AA-02-15 — Appeal of the Home Occupation Permit (HO-10-14) for a Dog Training
Facility located at 173 N. Sierra View Way — Mary Hunter: Pursuant to Eagle City Code
Section 8-7-4(1), Mary Hunter is appealing the Zoning Administrator's Decision pertaining to
HO-10-14, a Home Occupation Permit for an on-site dog training facility. The 1.01-acre site is
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located approximately 415-ft north of the intersection of State Highway 44 and Sierra View Way
in Redwood Creek Subdivision at 173 N. Sierra View Way. (WEV)
Moved to be heard prior to public hearings.
Moved again to be heard after item 9A and 9B.
B. Ordinance 729—Amending Eagle City Code 3-2C-12(D)(1) and 3-2D-4 pertaining to
Open Container Permits and Catering permits: Amending Eagle City Code for catering
permit and open container permits regarding submittal deadlines for Community Events.(SKB)
Mayor Reynolds introduces the item.
Deputy Clerk Osborn reviews the proposed ordinance.
Kunz I move,pursuant to Idaho Code 50-902,that the rule requiring ordinances to be read
on three (3) different days with one (1) reading to be in full be dispensed with,and that
Ordinance No.729 be considered after being read once by title only. That title being
Amending Eagle City Code for catering permit and open container permits regarding
submittal deadlines for Community Events. Seconded by Ridgeway. Discussion. ALL
AYE...MOTION CARRIES.
Kunz I move that Ordinance No.729 be adopted. Seconded McFarland. RIDGEWAY
AYE; BUTLER AYE; MCFARLAND AYE.KUNZ AYE...MOTION CARRIES.
C. Revisit the fee for home businesses within Eagle. (MM)
Mayor Reynolds introduces the item.
Council member McFarland does not feel that those conducting home business should be
assessed a business license fee.
Discussion between the Council and City Attorney.
Zoning Administrator Vaughan discusses current code pertaining to home occupations
requirements and the requirements in Title 3 for business licenses.
Paula Davina lives on Pebble Beach Court. She raised this issue some time ago with
Councilmember Kunz. She feels that if the demographic of those working from home continue
to increase the change in traffic will occur.
McFarland remands this item back to staff to investigate further.
D. Discuss requesting a joint meeting of Eagle City Council with the ACHD Board of
Directors to discuss funding inadequacies in Eagle's ACHD impact fees. (MM)
Mayor Reynolds introduces the item.
Council member McFarland would like to have a joint meeting. She would like to invite the new
ACHD Commission to Eagle to discuss impact fees and have an open dialogue with the
Commissioners.
Council member Kunz will coordinate the meeting and work at obtaining the information he has
requested from ACHD.
Tom Ferch 577 Rush Rd Eagle, Idaho. Mr. Ferch is the ACHD liaison, and is aware of the
public information request and is aware that it is being processed.
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E C Discussion and possible action to create a committee to study Mayor and Council
salaries and provide recommendations prior to Council consideration of new salaries as
required by law. This item was continued from the January 27, 2015 meeting. (MLB)
Council member Butler introduces the item.
Defayette states that the City Clerk can contact the Association of Idaho Cities to obtain updated
information on Mayor and Council compensation and bring it back to review. Butler would like
to see what other cities are doing in regard to paying for or offering insurance coverage to elected
officials. A committee isn't really needed if the Clerk can pull it together. It is better to review
the information now. Ridgeway states that if we revisit Mayor and Council salaries he believes
future increases should be tied to staff increases. Discussion.
Butler remands back to staff, have staff collect a bunch of information with regard to this
and bring it back in the next month or so. Seconded by Ridgeway. ALL AYE...MOTION
CARRIES.
11. ADJOURNMENT:
McFarland moves to adjourn.
Hearing no further business,the Council meeting adjourned.
Respectfully submitted: tGLt
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SHARO K. BERGMANN U•
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AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL UPON
REQUEST.
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