Minutes - 2004 - City Council - 06/08/2004 - Regular
ORIGINÁL
EAGLE CITY COUNCIL
Minutes
June 8, 2004
PRE. COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m.
A. Heart Safe Community - Beth Toal. Discussion on The Community AED Prgram, a new
program that is in place at St. Lukes to place defibrillators in public buildings. We are
approaching area Mayors to place these defibrillators in city halls in the area. Training is
available for 10 staff members. Staff members would also be trained in CPR. We will do a
public awareness campaign this month. General discussion.
B. Mike Moore with Moore, Smith, Buxton & Turcke will discuss funding options for
municipal buildings. Discusses funding options for a new city hall. Discussion on the proposal
from Sage Idaho. Sage Idaho only adds another possible funding option.
There are four different options:
1. Bond election in February, 2005.
2. Straight loan. Go to a bank borrow the money and pay back over a set period of time. A bank
would require that you take it to judicial confirmation. This would be an ordinary and necessary
expenses. A court would need to approve the ordinary and necessary expense.
3. Lease Purchase renewable each year. This would need to be taken to judicial confirmation.
An agreement could be structured where the City would always own the land. Another
possibility would be for the City to sell the property to a developer. This can also be done
without judicial confirmation but you would have to find a willing lender. There would be no
guarantee that someone would challenge this. This could also be taken through a Declaratory
Judgment action. This would be just the lender and the city involved in the court proceeding.
The lender would have to have an attorney whose fees would need to be paid. Judicial
Confirmation is usually 5 months. This also depends on if it is opposed. If there is a challenge
and the City looses, the City would pay the opposing parties' attorney's fees.
4. A true lease. The disadvantage is that the City is not acquiring the equity. You can have a
provision in the lease that the City can buy the building a point in time.
5. City wide LID where all the property would be assessed for a city hall. This is probably not a
viable option.
If you think that you will be challenged my suggestion would be to take it to judicial
confirmation.
General discussion.
The Mayor presents two options that she has been exploring.
A. Pacific Mobile. Pacific Mobile has a 5600 sq.ft. building. There would be enough space to
have a Council Chambers and a break room. We would use the office panel systems that were
planned for city hall. This unit would be placed at the rear of the property. This would have to
be on a yearly lease. There would be setup costs for the unit. 24 month lease would be $5,700 a
month. In addition we would need to provide the water, sewer and power.
B. I talked to Jack Coonce with Oppenheimer Development and they are ready to build a 6,000
sq. ft. building on their lot at State Street and Palmento and they would lease the building for
$13.50 per sq.ft. a month which includes the basic tenant improvements. This would be $81,000
a year. The lease would be on a yearly basis.
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Discussion on other lease space within the City of Eagle. The Kings building would cost more
than the Oppenheimer building plus the City would pay for the tenant improvements.
General discussion on how to proceed with a new city hall.
Nordstrom: I won't be at the next meeting. I think we should try for another bond election and
throw up a portable on the present site.
Further discussion will be at Pre-Council on June 22, 2004. This meeting will begin at 5:30 p.m.
REGULAR COUNCIL AGENDA: 7:30 p.m.
1. CALL TO ORDER: Mayor Merrill calls the meeting to order at 7:40 p.m.
2. ROLL CALL: Bastian, Sedlacek, Guerber, Nordstrom. All present. A quorum is present.
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENT: Kathy Freeman, distributes her complaint form that she filed with
the City and discusses the problems she encountered with the noise from the rodeo over the
weekend. General discussion.
Debbie Small, Eagle Tropical Sno Shack, reads a prepared statement in regards to the Eagle
Tropical Sno Shack that has previously been located in Heritage Park.
General discussion on vendors in the park.
Bastian moves to put the Sno Shack contract on the agenda under New Business at 9B. Discussion.
Seconded by Guerber. ALL A YES: MOTION CARRIES..............
5. CONSENT AGENDA:
. Consent Agenda items are considered to be routine and are acted on with one
motion. There will be no separate discussion on these items unless the Mayor, a
Councilmember, member of City Staff, or a citizen requests an item to be removed
from the Consent Agenda for discussion. Items removed from the Consent Agenda
will be placed on the Regular Agenda in a sequence determined by the Rules of
Order.
. 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 May 26, 2004 special meeting.
e. Minutes of May 26, 2004 meeting.
D. DR-1S-04 - Carl's Jr. Restaurant with Drive Thru Service - Star Foods:
Star Foods, represented by Clinton Yaka with BRS Architects, is requesting
design review approval to construct a 3,906-square foot Carl's Jr. restaurant with
drive thru service. The site is located on the north side of East State Street
within Eagle Promenade (formerly Eagle Towne and Country Centre) at 3004
East State Street. (WEV)
E. DR-16-04 - Two Buildine Wall Siens. One Monument Sien and Three
Directional Monument Siens for Carl's Jr. Restaurant - Star Foods: Star
Foods, represented by Roger Llewellyn with Golden West Advertising, is
requesting design review approval to construct two (2) building wall signs, one
(1) monument sign, and three (3) directional signs for the Carl's Jr. restaurant.
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The site is located on the north side of East State Street within Eagle Promenade
(formerly Eagle Towne and Country Centre) at 3004 East State Street. (WEV)
F. DR-19-04 - Multi-tenant Flex Space Buildine - Robnett Construction:
Robnett Construction, represented by Jason Martin with Backstreet Architecture,
is requesting design review approval to construct a l2,OOO-square foot multi-
tenant flex space building. The site is located on the southwest corner of State
Highway 44 and McGrath Road on Lot 1, Block 1, of Ancona Business Park.
(WEV)
G. DR-20-04 - Multi-tenant Flex Space Buildine - Robnett Construction:
Robnett Construction, represented by Jason Martin with Backstreet Architecture,
is requesting design review approval to construct a 6,000-square foot multi-
tenant flex space building. The site is located on the southwest corner of State
Highway 44 and McGrath Road on Lot 2, Block 1, of Ancona Business Park.
(WEV)
H. DR-42-04 - Two Story Medical Office Buildine for Saint Alphonsus
Reeional Medical Center - Cameron Development: Cameron Development,
represented by James Murray with CSHQA Architects, is requesting design
review approval to construct a two (2) story, 73,908-square foot medical office
for Saint Alphonsus Regional Medical Center. The site is located on the
northeast corner of East Riverside Drive and East Shore Drive within Eagle
River Development. (WEV)
I. DR-43-04 - Two Monument Siens and Two Buildine Wall Siens for Saint
Alphonsus Reeional Medical Center - Saint Alphonsus Reeional Medical
Center: Saint Alphonsus Regional Medical Center, represented by Roger
Llewellyn with Golden West Advertising, is requesting design review approval
to construct two (2) monument signs and two (2) building wall signs for the
Saint Alphonsus Regional Medical Center. The site is located on the northeast
corner of East Riverside Drive and East Shore Drive within Eagle River
Development. (WEV)
J. DR-48-03 - Master Sien Plan For Eaele Center - Ken Friedman: Ken
Friedman, represented by Chuck Buckner with Idaho Electric Signs Inc., is
requesting design review approval of a master sign plan for the Eagle Center
Shopping Center. The site is located on the south side of East State Street
approximately 1,550-feet east of Eagle Road at 589 - 625 East State Street.
(WEV)
Mayor Removes Items 5B and 5C from the Consent Agenda.
Sedlacek: I will need to abstain from voting on Item 5A Claims against the City as my mother
worked on the election and the payment of election workers is in the claims being presented
tonight.
Guerber moves to remove Items SA, Band C from the Consent Agenda and to approve the
amended Consent Agenda. Seconded by Sedlacek. ALL AYES: MOTION CARRIES........
5A. Claims Aeainst the City.
Guerber moves to approve the claims against the City. Seconded by Bastian. THREE
AYES: ONE ABSTAIN: MOTION CARRIES.................
5B. Minutes of May 26. 2004 special meetine.
5e. Minutes of May 26. 2004 meetine.
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Guerber moves to continue the approval of the minutes of May 26, 2004 to the June 22,
2004 City Council meeting. Seconded by Sedlacek. ALL A YES: MOTION
CARRIES.............. ..
6. PROCLAMATIONS & RESOLUTIONS:
A. Wodd Breastfeedine Awareness Month: A proclamation declaring August 2004, as
Breastfeeding Awareness Month. (NM)
Mayor introduces the World Breastfeeding Awareness Month Proclamation.
Sedlacek moves to approve the World Breastfeeding Awareness Month Proclamation.
Seconded by Bastian. ALL AYES: MOTION CARRIES......................
7. FINAL PLATS:
A. FPUD-3-O4 & FP-S-04 - Final Development Plan and Final Plat for Windine Creek
PUD Subdivision - Salmon Point LLC: Salmon Point LLC, represented by Ron Bath, is
requesting final development plan and final plat approval for Winding Creek Subdivision, an 85-
lot (58-residential, l7-commercial, lO-common) commercial and residential PUD subdivision.
The l5.3-acre site is located on the north side of State Street approximately lOO-feet east of
Palmetto A venue at 988 State Street. (WEV)
Mayor introduces the issue.
Phil Hull, The Land Group, representing Ron Bath on the Final Plat and Final Development Plan.
Displays a site plan and provides Council an overview. Discussion on Site Specific Condition of
Approval #16. General discussion.
Ron Bath, representing Salmon Point LLC, discussion on a height exception.
Zoning Administrator Vaughan: Both Staff and the Planning and Zoning Commission have
recommended approval of this project. Discussion on the height exception. General discussion.
Bastian moves to approve FPUD-3-04 & FP-S-04 - Final Development Plan and Final Plat
for Winding Creek PUD Subdivision - Salmon Point LLC with the following change of Site
Specific Conditions that Site Specific Condition #16 be stricken and that a new Site Specific
Condition #16 be added to say: "A height exception shall be permitted to allow for up to 40
feet with review and approval by the Design Review Board. Said exception shall only apply
to a tow story building with a steep pitched roof with a design style in accordance with the
Eagle Architecture and Site Design Book. Any area exceeding 35 feet shall be for aesthetic
purposes and shall not be permitted as living space. Flat roof buildings shall not be
permitted a height exception." Seconded by Sedlacek. Discussion. ALL A YES: MOTION
CARRIES. ......... ...........
8. PUBLIC HEARINGS:
A. CU-2-04 - Mobile Office (Pre-manufactured Bank Facility With Drive UP Service) -
Home Federal: Home Federal, represented by Insight Architects, is requesting conditional use
approval to place a mobile office (pre-manufactured bank facility) on-site with one drive-up
service lane. The .63-acre site is generally located on the northeast corner of Eagle Road and
East Riverside Drive in the Eagle River Commercial Development. (WEV)
Mayor introduces the issue.
Russ Phillips, Insight Architects representing the applicant, provides Council an overview of the
request for a conditional use. General discussion.
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Zoning Administrator Vaughan: Displays an overhead of the site plan and provides Council an
overview of the request for a conditional use.
Mayor opens the Public Hearing
Russ Phillips, discusses the landscaping of the parking lot and the temporary facility. General
discussion.
Mayor closes the Public Hearing
Nordstrom moves to approve with all the Specific Conditions of Approval as recommended
by Staff. Seconded by Guerber. ALL AYES: MOTION CARRIES........................
City Clerk Bergmann: I would like to add to the Agenda as New Business 9C Contract for
Facilities Manager and 9D purchase of a lap top computer.
Sedlacek moves to add to the agenda under New Business Item 9C Contract for Facilities
Manager and 9D purchase of a lap top computer and an Executive Session for discussion
of pending or threatened litigation. Seconded by Nordstrom. ALL AYES: MOTION
CARRIES...........
B. ZOA-2-04 (Ordinance No. 444)- Zonine Ordinance Amendment - City of Eaele:
Ordinance Of The City Of Eagle, Ada County Idaho Repealing Eagle City Code Title 8
"Zoning", Chapter 8 "Area Of City Impact", Section 2 "Annexation To Occur Only In Area Of
City Impact"; Providing A Severability Clause; And Providing An Effective Date. (WEV)
Mayor introduces the issue.
Mayor opens the Public Hearing
Mayor closes the Public Hearing
Guerber 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 #444 be considered after being read once by title only. Guerber
reads Ordinance #444 by title only. Seconded by Sedlacek. ALL AYES: MOTION
CARRIES.............. ...
Guerber moves that Ordinance #444 be adopted. Seconded by Sedlacek. Bastian: AYE;
Sedlacek: AYE; Guerber: A YE: Nordstrom: AYE: ALL AYE: MOTION
CARRIES..... ....
9. NEW BUSINESS:
A. Acceptance of Greenbelt from Island Woods Homeowners Association: (NM & SEB)
Mayor introduces the issue.
General Council discussion.
Bastian moves to accept the Greenbelt pathway from Island Woods Homeowners
Association per the Warranty Deed dated June 3, 2004. Seconded by Sedlacek. Discussion.
ALL AYES: MOTION CARRIES...................
B. Eaele Tropical Sno Shack:
Mayor introduces the issue.
Debbie Small, Eagle Tropical Sno Shack, addresses the Council and reads a prepared statement
into the record in regard to obtaining permission to located the Sno Shack in Heritage Park for
the summer months.
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General discussion.
Guerber moves to renew last years Lease Agreement with the Sno Shack for allowance of
operation at Heritage Park with changes that incorporate the language outlined by the City
Attorney in regards to cleaning the park and an increase in the monthly fee to $110.00.
Seconded by Bastian. Discussion. Guerber amends the motion to authorize the Mayor to
sign the Lease Agreement. Second concurs. Bastian: AYE; Sedlacek: AYE; Guerber:
AYE; Nordstrom: AYE: ALL AYES: MOTION CARRIES...................
e. Facilities Manaeer Contract:
Mayor introduces the issue.
City Clerk Bergmann: Mr. McCurry is coming in tomorrow to discuss the contract. He will
need to have $25.00 an hour. We had a discussion on a cell phone and the use of a vehicle or
reimbursement for mileage for the use of his personal vehicle.
General Council discussion.
Council has instructed the City Clerk to proceed with the background check and to offer Mr.
McCurry $25.00 an hour for a minimum of 20 hours a week, to provide a cell phone and to pay
mileage reimbursement at the Federal rate for the use of his personal vehicle. The contract to
begin on July 1, 2004.
D. Lap Top Computer for Mayor:
City Clerk introduces the issue. The quote for the lap top computer is $2,576.86.
General discussion.
Council feels this is too much money for a lap top computer and a sufficient lap top can be
purchased for less. City Clerk to do further research on the costs of lap top computers.
10. UNFINISHED BUSINESS:
A. Resolution 04-11: A resolution of the Mayor and City Council of the City of Eagle
amending the Eagle City Personnel Policy and Procedure Manual by adding a provision for
Maternity and Paternity Leave, and correct section numbering; amending the Eagle CitylLibrary
Drug-Free Workplace Policy by deleting Random Drug Testing; and providing an effective date.
(NM)
Mayor introduces the issue.
General discussion.
Bastian moves to adopt Resolution No. 04-11. Seconded by Sedlacek. ALL A YES:
MOTION CARRIES.............
Mayor: We have a memo from Mark Butler in regards to the closing time for the Carnival at
Eagle Fun Days.
General discussion.
Bastian moves to approve the 11:00 p.m. closing time for the Carnival during Eagle Fun
Days. Seconded by Nordstrom. ALL AYES: MOTION CARRIES........................
11. REPORTS:
City Attorney Report: City Attorney Buxton distributes copies of the proposed contract for the
Eagle/Ada County Skateboard Park and discusses the same. General discussion.
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Notice is being published for the agreement with ACHD on the Hill Road Property.
Discussion on the Deshazo matter.
Zoning Administrator's Report: Discussion on proposed annexations.
Discussion on the pathways in Eagle Ranch.
City ClerklTreasurer Report: We need to schedule a date for a Budget Workshop. I have
handed out information on the proposed revenue and property taxes. July 6,2004 at 6:00 p.m.
will be the first budget workshop.
General discussion on the budget.
Mayor and Council's Report:
Nordstrom: The Idaho Power hearing is on July 8, 2004 at 6:30 p.m. at the Library.
I won't be back in town until July 4, 2004.
Guerber: Air Quality Board meets tomorrow. It looks the City of Kuna is going to participate.
Parks and Pathway will be sending a letter to the City asking for a plaque to recognizing Don
Stockton for the work he has done on the pathways.
Discussion on a Comprehensive Plan for Parks and Pathways.
Discussion on the funding for Hill Road Park.
Bastian: Reports on the Library Board Meeting. There is going to be an annual book sale and
the Library is now having an ongoing book sale every day.
There is a vacancy in the Library and they are not filling the position to save on salary costs.
The library is planning on 1,000 kids for the summer program.
Three are 5 new volunteers for the home bound program.
Sedlacek: The area of impact information was presented at the Chamber Lunch today and there
was a lot of interest and support.
Discussion on the Brookwood Well.
Mayor: I spent yesterday with Pete O'Neil. General discussion.
Tomorrow is a farewell to the troops.
I will meet with the Niklaus Corporation on Friday. General discussion.
St. Alphonsus Hospital wants to meet with me next week.
Ribbon cutting for the pathway is Saturday morning.
We walked the pathway with other Mayor's, City representatives, Ada County Commissioners
and ACHD. General discussion.
City Engineer Report: No report
Mayor calls a recess at 10:45 p.m.
Mayor reconvenes the meeting at 10:55 p.m.
12. Executive Session: Pending or threatened litigation: le. § 67-2345(f)
Sedlacek moves to go into Executive Session for the discussion of pending or threatened
litigation. Seconded by Bastian. ALL A YES: MOTION CARRIES..................
Council discusses pending or threatened litigation.
Council leaves Executive Session at 11:15 p.m.
Sedlacek: Just a reminder about the meeting Monday at 5:30 with the Eagle Sewer District
Board of Directors and the City Council to discuss the area of impact. General discussion.
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13. ADJOURNMENT:
Guerber moves to adjourn. Seconded by Bastian. ALL AYE: MOTION
CARRIES....... ......... ......
Hearing no further business, the Council meeting adjourned at 11 :25 p.m.
Respectfully submitted:
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Agreement No.
LEASE AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF EAGLE FOR
ADA -EAGLE SPORTS COMPLEX
THIS LEASE AGREEMENT is entered into this day of
2004, by and between Ada County, a political subdivision of the State of Idaho, (hereinafter
"County"), and the City of Eagle, a municipal corporation of the State of Idaho (hereinafter
"City").
WITNESSETH
WHEREAS, County owns certain real property located in Ada County, Idaho,
oftyiNc mmonly known as Ada -Eagle Sports Complex, consisting of approximately eighty-five (85)
)01 ef.)
acres, more fully described in "Exhibit A" hereto attached (hereinafter "Property"); and
WHEREAS, a portion of the Ada -Eagle Sports Complex consisting of approximately
four (4) acres, known as the Eagle Skate Park, more fully describe in "Exhibit B" hereto attached
(hereinafter "Skate Park") has been developed; and
WHEREAS, City desires to lease the Property including Skate Park from County for
recreational purposes and for use as a public park; and
WHEREAS, County hereby agrees to lease the Property to City for a public park and
recreational purposes, according to the terms set forth herein;
NOW, THEREFORE, the parties hereto mutually agree as follows:
LEASE AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF EAGLE
FOR ADA -EAGLE SPORTS COMPLEX — PAGE 1
g:ltablworkloads 2004\parks\eagle-ada sports complex lease tab may 04 version.doc
TERMS OF LEASE AGREEMENT
itddeepttAL
1. USE OF PROPERTY. The Property shall be used by City for the purpose of a Shells
-Qffrce• and for no other purpose. City shall also have the use of the common area restrooms and
of the available parking in the parking lot.
2. TERM, AND RENEWAL OF LEASE AGREEMENT. Pursuant to Idaho Code § 31-
836(4) County shall lease to City the entirety of the Property for a term of ninety-nine (99) years.
This Lease Agreement shall be effective upon the signature of both parties, and may be
terminated by either party upon six (6) months written notice. This Lease Agreement may be
renewed for additional terms upon written mutual agreement of the parties.
3. CONSIDERATION. The consideration for this Lease Agreement shall be the operation
and maintenance of the Property by the City for public park and recreational purposes, for the
benefit of the people the City of Eagle, Ada County, and the general public in accordance with
the terms and conditions set forth herein. This lease is contemplated by the parties as being
included within the terms of Idaho Code § 36-1604 (Recreational Limitations of Liability of
Land Owners).
4. UTILITIES AND INSURANCE. City agrees to pay all utilities, insurance, and fees
associated with the Property throughout the duration of this Lease Agreement, unless said Lease
Agreement is terminated by the parties pursuant to Paragraph I.1. above. This lease is subject to
the Idaho Power Easement of Recor
3444:41--- 741v° it4c/f
5. ANNEXATION TO CITY. The County agrees to allow the City to annex the • roperty
into the City, at the City's discretion.
6. MAINTENANCE. City agrees to maintain the Property throughout the duration of this
Lease Agreement. City shall be responsible for any repairs and costs incurred in maintaining the
LEASE AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF EAGLE
FOR ADA -EAGLE SPORTS COMPLEX — PAGE 2
g:ltablworkloads 20041parksleagle-ada sports complex lease tab may 04 version.doc
Property. During the term of this Lease Agreement, City shall maintain the Property in a
condition that is reasonably safe for visitors to the Property. City shall be under a duty
throughout the duration of this Lease Agreement to reasonably inspect the Property for
dangerous conditions and/or hazards, hidden or otherwise; and to make reasonable efforts to
repair any discovered dangerous condition or hazard or immediately make such condition or
hazard obvious to persons who might encounter the same. Further, City shall clean up all litter
associated with use of the Property. Any damage to the Property by City or City's invitees shall
be the responsibility of City.
7. CONSTRUCTION OF IMPROVEMENTS The City agrees that as funds /iteeeme-
-available to improve the Property, City shall work cooperatively with County regarding the
construction of the proposed improvements. County reserves the right to construct or make
improvements on the Property without the need for prior consent of City, but shall inform City of
30 Awe 1,77336-- amagteetfor-e-ia--
such proposed improvements'prior to constructions- A''�'�.
yto4
8. DEVELOPMENT PLAN. The development of the Property shall consist of developing
the facilities and services necessary to create public park and recreational facilities on the
Property. City may seek grant funds for the development of the Property, consistent with terms
of this Lease Agreement, and County shall cooperate with City and may co-sponsor, as
necessary, such grant applications sought by City. , - 1►�
9. SURRENDER UPON EXPIRATION OR TERMINATION. Upon expiration or
z
termination of this Lease Agreement, City shall surrender possession of the Property to County
in the condition of the Property at such expiration date, including any permanent improvements
that may be made upon the Property by City. Any permanent fixtures, alterations, additions,
improvements, and appurtenances attached to or built on the Property prior to or during the term
tJ
LEASE AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF EAGLE
FOR ADA -EAGLE SPORTS COMPLEX - PAGE 3
g:ltab\workloads 2004\parks\eagle-ada sports complex lease tab may 04 version.doc
of this Lease Agreement, whether by City at its expense or by County at its expense, or both,
shall revert to the ownership and control of County.
10. NOTICE. If under the terms of this Lease Agreement a written notice is required, it shall
be accomplished by certified mail, return receipt, postage prepaid, and addressed as follows:
Eagle City Clerk
P.O. Box 1520
Eagle, ID 83616
Ada County Board of Commissioners
200 W. Front Street, 3rd Floor
Boise, ID 83702
Notice as served by mail shall be deemed complete when deposited with the United States Postal
Service. Any change of address shall not be effective unless served upon the parties in the same
manner as notices referred to herein.
11. APPLICABLE LAWS AND REGULATIONS. City shall comply with all applicable
Federal, State, and local laws and regulations, including, but not limited to, those regarding
construction, health, safety, food service, water supply, sanitation, use of pesticides, and licenses
or permits to do business. City shall make and enforce such regulations as are necessary and
within its legal authority in exercising the privileges granted in this Lease Agreement, provided
that such regulations are not inconsistent with those issued by County.
City shall • that all water and sanitary system modifications made on the
Property, with County's prior approval, comply with all Federal, State, and local laws and
regulations. City shall also assure compliance with the Americans with Disabilities Act.
12. CONDITION OF PREMISES. City acknowledges that it has inspected the Property,
knows its condition, and understands that the same is leased without any representations or
LEASE AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF EAGLE
FOR ADA -EAGLE SPORTS COMPLEX -- PAGE 4
g:ltablworkloads 2004\parks\eagle-ada sports complex lease tab may 04 version.doc
warranties whatsoever and without obligation on the part of County to make any alterations,
repairs, or additions thereto, unless specifically mentioned elsewhere in this Lease Agreement.
13. TRANSFERS, ASSIGNMENTS, AND SUBLElkSES. City shall neither transfer, sublet,
nor assign this Lease Agreement without the prior written approval of County. Written approval
shall not be unreasonably denied by the County.
14. FACILITIES, SERVICES AND FEES. City shall have the ability to enter into
concesessionaire and short-term event -related agreements for the purpose of providing services
for the general public.
15. NONDISCRIMINATION. City shall not discriminate against any person or persons or
exclude them from participation in City's operations, programs, or activities conducted on the
Property due to race, color, religion, gender, age, handicap, or national origin.
16. HEALTH AND SAFETY. City shall maintain the Property in good order and in a clean,
sanitary, and safe condition and shall have the primary responsibility to ensure that any sub-
lessees and concessionaires operate and maintain the Property in such a manner.
County, upon discovery of any hazardous conditions on the Property that presents a
threat to health and or danger to life or property, will notify City in writing and shall require that
the affected part or all of the Property be closed to the public until such condition is corrected
and the danger to the public is eliminated. If the condition is not corrected by City within a
reasonable time, no less than 60 days, County shall have the option to correct the hazardous
conditions and collect the cost of repairs from City only after obtaining the City's prior written
approval, or immediately revoke this Lease Agreement. City, its concessionaires and sub -lessees
shall have no claim for damages against Ada County, or any officer, agent, or employee thereof,
on account of action taken pursuant to this section.
LEASE AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF EAGLE
FOR ADA -EAGLE SPORTS COMPLEX - PAGE 5
g:ltablworkloads 20041parksleagle-ada sports complex lease tab may 04 version.doc
17. PUBLIC USE. No attempt shall be made by City to forbid the use of the Property by the
public, subject, however, to the authority to set hours, limit public access during special events,
and manage the Property to provide safety and security to the visiting public.
18. NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION. City shall
conduct no mining operations, remove no sand, gravel, or kindred substances from the ground,
commit no waste of any kind, nor in any manner substantially change the contour or condition of
the Property, except as may be authorized by County. The City agrees not to dispose of toxic or
hazardous materials on the Property.
19. HISTORIC PRESERVATION. City shall not remove or disturb, or cause or permit to be
removed or disturbed, any historical, archeological, architectural or other cultural artifacts, relics,
remains, or objects of antiquity. In the event that such items are discovered on the Property, City
shall immediately notify County and protect the site and the material from further disturbance
until County gives clearance to proceed.
20. FINANCIAL OBLIGATIONS OF THE PARTIES. Nothing in this Lease Agreement
shall bind either party to a commitment of funds in excess of that lawfully appropriated by their
respective governing bodies.
II. GENERAL TERMS AND CONDITIONS
1. INDEMNIFICATION AND HOLD HARMLESS. City agrees to indemnify, defend,
save and hold County, its employees, representatives, and agents harmless from and against any
and all claims, demands, suits, causes of action, or other proceedings arising from any and all
accidents and/or incidents that result in injury, death, damage or loss to any party or the personal
property of any party that occur on the Property during the term of this Lease Agreement, and
LEASE AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF EAGLE
FOR ADA -EAGLE SPORTS COMPLEX — PAGE 6
g:ltablworkloads 2004\parks\eagle-ada sports complex lease tab may 04 version.doc
during any extensions or renewals hereof, which directly or indirectly arise out of any actions,
activities or omissions of or by City or any City invitee.
County agrees to indemnify, defend, save and hold City, its employees, representatives, and
agents harmless from and against any and all claims, demands, suits, causes of action, or other
proceedings arising from any and all accidents and/or incidents that result in injury, death,
damage or loss to any party or the personal property of any party that occur on the Property
during the term of this Lease Agreement, and during any extensions or renewals hereof, which
directly or indirectiy arise out of any actions, activities or omissions of or by County.
2. LIABILITY INSURANCE. During the term of this Lease Agreement, City shall
maintain in full force and affect a policy of comprehensive general liability insurance covering
the Property and naming as insureds, City and County, in an amount not less than One Million
Dollars ($1,000,000) per occurrence. Said insurance shall provide liability protection for and
against all claims of injury and/or property damage occurring on the Property during the term of
this Lease Agreement, which directly or indirectly relate to the use of the Property by City.
Further, said liability insurance shall provide primary liability coverage over any other policy or
program of insurance maintained by County. City shall furnish proof of said insurance
protection to County, with a Certification of Insurance.
3. MODIFICATION. This Lease Agreement may be modified or amended only by a
writing duly executed by both parties.
4. SEVERABILITY. In the event any provision or section of this Lease Agreement
conflicts with applicable law, or is otherwise held to be unenforceable, the remaining provisions
shall nevertheless be enforceable and shall be carried into effect.
LEASE AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF EAGLE
FOR ADA -EAGLE SPORTS COMPLEX - PAGE 7
g:ltablworkloads 2004\parks\eagle-ada sports complex lease tab may 04 version.doc
5. ASSIGNMENT. This Lease Agreement may not be assigned in whole or in part by either
of the parties hereto without the prior express written consent of the other party, and nothing
contained herein shall create any relationship, contractual or otherwise, with, or any rights in favor
of, any third party.
6. CHOICE OF LAW. This Lease Agreement and its performance shall be construed in
accordance with and governed by the laws of the State of Idaho, with venue for any action
brought pursuant to this Lease Agreement to be in the Fourth Judicial District, State of Idaho.
7. MERGER AND INTEGRATION. This writing embodies the whdle agreement of the
parties. There are no promises, terms, conditions, or obligations other than those contained in
this Lease Agreement. All previous and contemporaneous communications, representations, or
agreements, either verbal or written, between the parties are superseded by this Lease
Agreement.
8. LIENS City shall not permit any mechanic's or . ther liens to be filed against the Property
for any la
r or materials furnished to or in connection ith any Improvements performed or
claimed to have een performed in or about the Property at the stance and request of City, and
shall immediately dis
arge and remove any such lien, provided the ity shall have the right to
contest such lien, in good . 'th, on the condition that City provides Cou y, and if requested by
County, County's mortgage lend - with a bond, cash escrow deposit or oth security in a form
and amount reasonably acceptable to
unty. In the event City fails to remov or contest any
s , ch lien, County may remove such lien an . ity shall immediately pay County, up i demand,
all co and expenses, including attorneys' fees, hich County incurs in connection w the
removal of s : a lien. County shall have the right to pos • notice in the Property disclaiming any
liability for payment o any improvements of City or of : construction or improvements
LEASE AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF EAGLE
FOR ADA -EAGLE SPORTS COMPLEX - PAGE 8
g:ltab\workloads 20041parksleagle-ada sports complex lease tab may 04 version.doc
performed by p -rsons or entities other than County or its
ntra• ors, and/or for any liens arising
in connection th - ewith, . ' City agrees n
isturb any such noti
9. DEFAULT, NOTIFICATION OF AND CURE. Any of the following shall constitute an
"Event of Default":
1. This Lease or the Property or any part of the Property are taken upon execution or
by other process of law directed against City, or are taken upon or are subject to
any attachment at the instance of any creditor or claimant against City, and the
attachment is not discharged or disposed of within thirty (30) days after its levy;
2. City or any guarantor of City files a petition in bankruptcy or insolvency or for
reorganization or arrangement under the bankruptcy laws of the United States or
under any insolvency act of any state, or admits the material allegations of any
such petition by answer or otherwise, or is dissolved or makes an assignment for
the benefit of creditors;
ta. y under any such bankruptcy law or ncy ac • for
the dissolution of
receiver or trustee is ap
•
r such g
•
1S
ituted a
ity or any guarantor of City, r a
ed for all or substantia
f the property of C
tor, and such proceeding is not dismissed or such receivers
rusteeship vacated within sixty (60) days after such institution or appointment;
4. City attempts to assign, pledge, mortgage, transfer or sublet City's interest under
404,2>
this Lease without County's prior written consent, except as permitted irr-
.'?; or
5. City breaches any other agreement, term, covenant or condition of this Lease
and such breach continues for a period of thirty (30) days after written notice
LEASE AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF EAGLE
FOR ADA -EAGLE SPORTS COMPLEX - PAGE 9
g:ltab\workloads 2004\parks1eagle-ada sports complex lease tab may 04 version.doc
from County to City, or, if such breach cannot be cured reasonably within such
thirty (30) day period and Cityfails to commence and proceed diligently to cure
t
such breach within a reasonable time p&iod.
6. If any one or more Events of Default occur, then County may, at County's option:
a. Notify City, in writing, that this Least shall terminate as of the earliest
date permitted by law or on any later date specified in such notice, and
1
City's right to possession of the Property shall cease as of the date set
forth in County's notice of termination.
td
b. With or without terminating this Lease and only with notice or demand to
City, re-enter and take possession of the Property using such procedures
as may, from time to time, be provided by law to expel City and those
claiming through or under City, and to remove the effects of either or
both. County's exercise of such right of re-entry shall not subject
County to liability for conversion or trespass and shall not affect
County's right to recover ar•otftp.4ubler
any amounts due as a result of any preceding breach of covenants or
conditions.
c. In the event of re-entry by County as set forth in subparagraph b) above,
or should County take possession pursuant to legal proceedings or
otherwise, County may, from time to time, without terminating this
Lease, re -let the Property or any part of the Property in County's name.
LEASE AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF EAGLE
FOR ADA -EAGLE SPORTS COMPLEX - PAGE 10
g:Itab\workloads 20041parks\eagle-ada sports complex lease tab may 04 version.doc
d. With or without terminating this Lease and without demand or notice to
City, to cure any Event of Default and charge City for the cost of
effecting such cure, including, without limitation, attorneys' fees.
7. Any suit or suits for the recovery of the amounts and damages set forth above
may be brought by County, from time to time, at County's election, and nothing
in this Lease will be deemed to require County to await the date upon which this
Lease or the Lease Term would have expired had not Event of Default occurred.
Each right and remedy provided to County in this Lease is cumulative and is in
addition to any other right or remedy provided to County in this Lease or
existing now or after the date of this Lease at law or in equity or by statute or
otherwise. All costs incurred by County in collecting any amounts and damages
owing by City pursuant to the provisions of this Lease or to enforce any
provision of this Lease, including reasonable attorneys' fees from the date any
such matter is turned over to an attorney, whether or not one or more actions are
commenced by County, will also be recoverable by County from City.
10. PERFORMANCE. The failure of a party hereto to insist upon strict performance or
observation of this Lease Agreement shall not be a waiver of any breach or of any terms or
conditions of this Lease Agreement by any other party.
IN WITNESS WHEREOF, the parties have hereunto executed this Agreement and made
it effective as herein above provided.
BOARD OF ADA COUNTY COMMISSIONERS
LESSOR
By:
Judy M. Peavey -Derr, Chairman
LEASE AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF EAGLE
FOR ADA -EAGLE SPORTS COMPLEX - PAGE 11
g:ltab\workloads 2004\parks\eagle-ada sports complex lease tab may 04 version.doc
By:
By:
Rick Yzaguirre, Commissioner
Fred Tilman, ¶ori missioner
ATTEST:
J. David Navarro, Ada County Clerk
THE CITY OF EAGLE
LESSEE
By:
ATTEST:
Sharon K. Moore, Eagle City Clerk
Nancy Merrill, Mayor
LEASE AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF EAGLE
FOR ADA -EAGLE SPORTS COMPLEX — PAGE 12
g:ltablworkloads 2004\parks\eagle-ada sports complex lease tab may 04 version.doc
{./Jr6: 04,,40(g'fit'
I — AAP* ccrri-'4
Agreement No.
AGREEMENT BETWEEN ADA COUNTY AND THE YMCA FOR USE OF
THE EAGLE SKATE BOARD PARK
THIS AGREEMENT is entered into this day of , 2004,
by and between Ada County, a political subdivision of the State of Idaho, (hereinafter
"County"), and the Treasure Valley Family YMCA (hereinafter "YMCA").
WITNESSETH
WHEREAS, the County owns and operates a certain skateboard park referred to
as the Eagle Skate Board Park (hereinafter "Park"); and
WHEREAS, the YMCA has requested to use the Park to conduct a children's
Skateboarding Academy; and
WHEREAS, the parties wish to enter into an agreement that outlines the parties'
duties and responsibilities regarding the use of the Park for such purpose by the YMCA;
NOW, THEREFORE, the parties hereto mutually agree as follows:
I. PARTIES' DUTIES
A. The YMCA shall conduct its Skateboarding Academy at the Park from
10:00 a.m. until 2:00 p.m., Monday through Friday, pursuant to the following schedule:
1. Week 1 - Monday June 7, 2004 through Friday June 11, 2004;
2. Week 2 - Monday June 21, 2004 through Friday June 25, 2004;
3. Week 3 - Monday July 5, 2004 through Friday July 9, 2004;
4. Week 4 - Monday July 19, 2004 through Friday July 23, 2004;
5. Week 5 - Monday August 2, 2004 through Friday August 6, 2004;
AGREEMENT BETWEEN ADA COUNTY AND THE YMCA FOR USE OF THE EAGLE
SKATE BOARD PARK — PAGE 1
n:lparks\ymca skateboard park contract.doc
6. Week 6 - Monday August 16, 2004 through Friday August 20, 2004.
B. Should the YMCA change any or all of the dates and/or times set forth in
Paragraph I.A. above, the YMCA shall immediately notify the Director of Ada County
Parks and Waterways, Pat Beale, 343-1328.
C. Said use of the Park by the YMCA shall be non-exclusive; the Park shall
remain open to the public during the dates and times set forth in Paragraph I.A. above.
D. The YMCA shall have access to the Park's concession stand during the
dates and times set forth in Paragraph I.A. above, for the purpose of providing storage
space for the YMCA during said dates and times, and for the purpose of providing
temporary shelter to YMCA staff and Skateboard Academy participants during said dates
and times, in the event of inclement weather. The YMCA agrees that it will not use the
concession stand for any purpose other than those outlined in this Paragraph I.D.
E. The County agrees to provide the YMCA with a key to the concession
stand prior to June 7, 2004. The YMCA agrees to return the key to County personnel no
later than August 21, 2004. The YMCA agrees to use the key only to access the
concession stand. The YMCA shall keep the concession stand locked when not in use.
F. The YMCA agrees to keep the concession stand neat and clean, and shall
sweep the floors, wipe down all surfaces, and empty the trash on a daily basis.
G. The YMCA agrees to require all participants of the Skateboard Academy to
wear appropriate safety equipment, including helmets, at all times.
H. The YMCA agrees that continuous adult supervision shall be present at the
Park during the dates and times set forth in Paragraph I.A. above.
AGREEMENT BETWEEN ADA COUNTY AND THE YMCA FOR USE OF THE EAGLE
SKATE BOARD PARK — PAGE 2
n:lparks\ymca skateboard park contract.doc
I. The County reserves the right to close the Park to the YMCA, Skateboard
Academy participants, and the general public at any time, and for any length of time, if
the County determines such closure is necessary to protect the health, safety and welfare
of the YMCA, Skateboard Academy participants, and/or the general public.
II. OTHER PROVISIONS
A. The YMCA agrees to the following insurance requirements:
1. The YMCA agrees, at its sole expense, to procure and maintain in
full force and effect insurance written by an insurance company or companies with AM
Best rating(s) of A VIII or better. All insurance companies must be authorized to do
business in the state of Idaho. By requiring insurance herein, the County does not
represent that coverage and limits are necessarily adequate to protect the YMCA, and
such coverage and limits shall not be deemed as a limitation on the YMCA's liability
under the indemnities granted to the County in this Agreement.
2. Certificates of Insurance evidencing the coverages required herein
shall be provided to the County prior to the start date of the Skateboarding Academy. All
certificates must be signed by an authorized representative of the YMCA's insurance
carrier and must state that the issuing company, its agents, or representatives will provide
the County with at least thirty (30) days written notice prior to any policies being
canceled. Renewal certificates must be provided to the County within thirty (30) days
after the effective date of the renewal.
3. Certificates shall be mailed or faxed to:
Pat Beale
AGREEMENT BETWEEN ADA COUNTY AND THE YMCA FOR USE OF THE EAGLE
SKATE BOARD PARK — PAGE 3
n:lparkslymca skateboard park contract.doc
Director, Ada County Parks and Waterways
4049 S. Eckert Road
Boise, Idaho 83716
FAX (208) 385-9935
4. Certificates must evidence the following minimum coverages:
a. Workers' Compensation insurance meeting the statutory
requirements of the State of Idaho.
b. Employers' Liability insurance providing limits of liability
in the following amounts:
Bodily Injury by Accident:
Bodily Injury by Disease:
Bodily Injury by Disease:
$100,000 each accident
$500,000 policy limit
$100,000 each employee
c. Commercial General Liability insurance providing limits of
liability in the following amounts, with aggregates applying separately on a "per project"
basis:
General Aggregate: $2,000,000
Product/Completed Operations Aggregate: $2,000,000
Personal & Advertising Injury Liability: $1,000,000
Each Occurrence: $1,000,000
Fire Damage: $ 50,000
The Commercial General Liability ("CGL") insurance policy
shall be written on an "Occurrence" form and shall cover liability arising from premises,
operations, independent contractors, products, completed operations, personal injury,
advertising injury, and liability assumed under an insured contract (including tort liability
of another assumed in a contract). Ada County and its elected officials, agents,
employees, successors and assigns shall be included as Additional Insureds under the
AGREEMENT BETWEEN ADA COUNTY AND THE YMCA FOR USE OF THE EAGLE
SKATE BOARD PARK — PAGE 4
n:lparkslymca skateboard park contract.doc
CGL with the Additional Insured endorsement providing coverage for Completed
Operations.
B. The YMCA agrees to hold harmless, defend, and indemnify the County, its
officers, agents, and employees from and against all claims, losses, actions or judgments for
damages for injury to persons or property arising out of or in connection with any activities,
actions, negligence, or willful conduct of the YMCA, and/or the YMCA's agents,
employees, or representatives under this Agreement.
C. The YMCA guarantees the County that it will provide all services, programs,
or activities under this Agreement in accordance with all applicable federal, state, and local
statutes, regulations, and requirements. Further, the YMCA agrees to indemnify and defend
the County for any loss, expense, or damage of any type experienced by the County as a
result of the YMCA's violation of the guarantees given in this Paragraph II.C.
D. This Agreement and its performance shall be construed in accordance with
and governed by the laws of the State of Idaho, with venue for any action brought
pursuant to this Agreement to be in the Fourth Judicial District, State of Idaho.
E. In the event any provision or section of this Agreement conflicts with
applicable law, or is otherwise held to be unenforceable, the remaining provisions shall
nevertheless be enforceable and shall be carried into effect.
AGREEMENT BETWEEN ADA COUNTY AND THE YMCA FOR USE OF THE EAGLE
SKATE BOARD PARK — PAGE 5
n:lparks\ymca skateboard park contract.doc
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and
year written above.
Board of Ada County Commissioners
By:
By:
By:
ATTEST:
J. David Navarro, Ada County Clerk
STATE OF IDAHO )
) ss.
County of Ada )
Judy M. Peavey -Derr, Chairman
Rick Yzaguirre, Commissioner
Fred Tilman, Commissioner
Treasure Valley Family YMCA
By:
Title:
On this day of , 2004, before me, a Notary Public,
personally appeared , known or identified to me to be
the of the corporation that executed the instrument or the person
who executed the instrument on behalf of said corporation, and acknowledged to me that
such corporation executed the same.
Notary Public for Idaho
Commission Expires
AGREEMENT BETWEEN ADA COUNTY AND THE YMCA FOR USE OF THE EAGLE
SKATE BOARD PARK — PAGE 6
n:lparks\ymca skateboard park contract.doc
June 8, 2004
Dear Mayor Merrill, Council Members, and those in attendance,
I find myself before you again to ask you to reconsider your decision to allow us to have
our shack in the park. I am to understand that you may not have acquired all of the
information you had wanted to since the last meeting. I took it upon myself to contact the
City of Boise, Meridian and Nampa regarding this issue. I have copied the information
sent to me today. I believe you each have a copy. You will note a part in the agreement
that says that temporary vendors will be portable and will remove theri facility each
evening. I talked with Ginger at the parks department. She explained that this
requirement was implemented because of vandalizm of vendors with stationary
buildings. She explained that these buildings were located in parks off main streets and
not lighted. Heritage Park does not have this problem and we have never had a problem
with vandalism. The city of Boise was the only city that responded today.
Our upkeep of the park still seems to be an issue for one or more of you. As my daughter
stated last week, our workers are instructed to check the park generally at shift change for
debris on the ground and trash cans. If they need to be emptied, they are. I am to
understand that Trautman is to tend to the park in the mornings. We have been tending to
the park every summer since it opened. I have noted on many occasions the trash is only
emptied in the morning if it is full. It is important for each can to be emptied each
morning regardless of how full it is. It is also important that the bathrooms be kept in
working and clean order. This has not been the case. We have, on many occasions,
cleaned the bathroom and got it back in working order and in the morning, emptied the
trash.
I would like you to understand from someone who is there nearly every day in the
summer, the trash problem is not from Eagle "Tropical Sno. As you can see, 1 brought my
sleeves of cups with me again this week. These represent an average day. With the
addition of 200 spoons and a few napkins, this is the trash generated by the shack. Even
if the cups were separated, they would not even fill one trash can. We have a can outside
the shack and like all the rest of them in the park, our debris is only a very small portion
of the trash that you will find in them. I can confirm that you will find alot of other
vendors & picnic trash in the Heritage Park recepticles than ours. We know, we have
been cleaning up for years. Additionally, we offer the clean up and trash duty on
Saturdays when Trautman is not available. I think that if you do not allow us in the park
to do business and help with cleanup you will notice that my words are true. This park
quite simply is used my many people and emptying trash once a day will not be sufficient,
whether we are there or not. My suggestion to you is that Trautman be required to clean
the park two times a day and additionally on Saturday.
4'
Again regarding safety, a child was nearly hit in the crosswalk in front of the park again
today. I want to keep as many children out of the street and busy parking lots as possible
and that is my biggest reason for wanting to stay in the park.
We take pride in the attention that we have given to the park and to the citizens of Eagle
over the last few years. When we were shut down last year to make electrical updates, we
did it. Our improvements cost several hundred dollars and the shack was closed for
several days. We have always complied with the city. We have cleaned, policed, and
given back to the community over and over again. We supply jobs for youth and a safe
place for families to enjoy a treat.
It is time for the ordinance to be reviewed as you all see fit, but saying no to us isn't the
answer. I talk to so many failies that simply cannot understand why we may not be in the
park anymore.
,to (cAA
`la"- LI
June 7, 2004
Mayor Merrill and City Council Members
Eagle City Hall
310 E. State Street
Eagle, Idaho 83616
Re: FPUD-3-04 Final Development Plan for Winding Creek PUD
Dear Mayor Merrill and Council Members,
Please consider the following condition to be added to our conditions of approval for the final
development plan and final plat of Winding Creek, "A height exception shall be permitted to
allow for up to 40 feet with review and approval by the Design Review Board Said exception
shall only apply to a two story building with a steep pitched roof with a design style in
accordance with the Eagle Architecture and Site Design Book Any area exceeding 3S feet shall
be for aesthetic purposes and shall not be permitted as living space. Flat roof buildings shall not
be permitted a height exception."
PUD's typically include exceptions to various codes to allow consideration for creating unique
planned communities as well as to encourage a variety of building types. The previously
approved preliminary development plan for the Winding Creek PUD allows for flexibility with
our final development plans.
The Winding Creek PUD is a mixed community consisting of residential and commercial uses,
which will enhance the historic design styles encouraged in the recently adopted Eagle
Architecture and Site Design Book (EASD). This book was not adopted at the time of our
application submittal and therefore we could not have contemplated certain encouraged building
types for commercial use such as the Queen Anne style and its steep sloping roof.
A specific application, currently on file with the City, would take advantage of this height
exception. It is a Queen Anne style building. A review of the building elevations, and photo of
an existing similar building in the north end (see attached), shows this building directly
corresponds to the Queen Anne style encouraged in the EASD book. The EASD book specifies
elements envisioned for the Queen Anne style such as, the stories are to be multiple and roof
types are to be steep cross -gabled. In the case of the application submitted the roof exceeds the
height limitation by 3 feet. It's 38 -feet while 35 -feet maximum is generally permitted in the MU
Zone.
Thank you for yo
nsidera
Ron Bath,
Salmon Pointe LLC
1729 S. Whys i a a • le, ID 83616
208-938- 9 - `i : -938-9759
www. salmonpoint.net
Existing Example of Queen Anne
•Immtt VACI
LU
TO.1.4 L. GO
fl-
""
Proposed Queen Anne
PROW 11.11Y A TION
504 ILI VA TON
tig
NI OM T
TRASH IIHCLOSURIS
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51LA.11 LUIVAT04
RetA111
CITY OF EAGLE
ALLEGED CODE VIOLATION
DATE 618 1 0 4 TIME I- 50p rk RECEIVED BY
PROPER Y ADDRESS/LOCATION OF ALLEGED VIOLATION�_a MA'"? C; 7L—e_
t. 2 th LeFle.frk.(' Ca/rili v — kicrel-lt d) ii p a ZS -
.i _5---t -- of an S
NAME OF PROPERTY OWNER
NAME OF OCCUPANT
NAME OF ALLEGED VIOLATOR
THE COMPLAINT IS REGARDING:
ABANDONED/DISABLED VEHICLE
ANIMAL CONTROL
BUILDING WITHOUT A PERMIT
BUSINESS OUT OF HOME
DUMPING
GARBAGE & RUBBISH
INTERSECTION SITE OBSTRUCTION
NOISE/GLARENIBRATION
PARKING IN STREET
SIGN
TREE BRANCH OVERHANG
WEEDS
OTHER
COMMENTS Se P a TTOt p J Le 1 1-e y. I^ -jdp.✓t - !
COMPLAINANT INFORMATION:
1
COMPLAINANT'S NAME 4-1-kti r -
COMPLAINANT'S ADDRESS 51 3 \1001/4. 24-c ve S s r1
COMPLAINANT'S PHONE #.2-0 A- g 39 -4 051 FAX #
COMPLAINANT'S SIGNATURE . /
into the City, this document beco esnf a public record and may be obtained
*Once turned t o by any individual(s) in accordance with
Idaho State Code §4-338.
Page 1 of 1
K 1CiertsWotms\applicauons1Con4lawt torn doc
FROM: Kathy Freeman
513 Watercress Lane
Eagle, Idaho 83616
208-939-4054
June 8, 2004
TO: Mayor Nancy Merrill; City Council Members, Stan Bastian, Steve Guerber, Scott
Nordstrom, Lynn Sedlacek; Eagle Chamber of Commerce Members, Teri Bath, et. al.;
Rodeo Coordinator, Tracy Baggerly
RE: Violation of the 10:00 P.M. to 7:00 A.M. noise ordinance as per City of Eagle Code
4-9-3:
INCIDENT #1: Amplified music emanating from the temporary rodeo grounds
north of the bypass, south of State Street on Friday and Saturday nights, June 4
and 5, 2004, after 10:00 P.M..
INCIDENT #2: Beginning June 1, 2004, construction machinery noise emanating
from the development site east of Albertson's prior to 6:00 A.M.
CODE/ORDINANCE 4-9-1: It is determined that sound can and does constitute a hazard
to the health, safety, welfare, and quality of life of residents of the city. The mayor and
council, by way of Idaho Code section 50-308, are empowered to impose reasonable
limitations and regulations upon the production of sound to reduce the harmful effects
thereof. Now, therefore, it is hereafter the policy of this city to prevent and regulate
sound generated by loud amplification devices wherever it is deemed to be harmful to the
health, safety, welfare, or quality of life of the citizens of the city, and this chapter shall
be liberally continued to effectuate that purpose. (Ord. 370, 8-8-2000)
CODE/ORDINANCE 4-9-3: Between the hours of ten o'clock P.M. one day and seven
o'clock A.M. the next day, it shall be unlawful for any person or business to make or
cause loud or offensive noise by means of voice, musical instrument, horn, radio,
loudspeaker, automobile, machinery, other sound amplifying equipment, or any other
means which disturbs the peace, quiet, and comfort of any reasonable person of normal
sensitiveness residing in the area. Loud or offensive noise is that which is plainly audible
Within any residence or business other than the source of the sound, or upon a public
right of way or street at a distance of one hundred feet or more from the source of such
sound.
INCIDENT #1:
Friday night, June 4, 2004, I was kept awake by loud music emanating from the direction
of the temporary rodeo grounds. When it had not abated by nearly 11:OOpm, I contacted
the Ada County Sheriff's office who confirmed and indicated that noise was also reported
coming from Amanita Street. Noise from both directions stopped prior by 11:30pm.
According to Tracy Baggerly, it was not live music, but a CD.
1
Saturday night, June 5, 2004, I was once again kept awake, this time by even louder,
more obnoxious music with a reverberating underlying base boom. At about 10:25 pm, I
called the Ada County Sheriff's office about the noise; when it hadn't stopped within
about 20 minutes, I called again; 15 minutes later, I called for the third time at which time
the dispatcher informed me that they couldn't stop the noise because they had a waiver
signed by the Eagle City Council for the band to play until midnight. Upon locating the
names and phone numbers of City Council Members, I left messages on the answering
machines of Mayor Nancy Merrill and Councilman Stan Bastian. At about 11:OOpm I
talked to Councilman Steve Guerber who said, "Yes, they have a permit to play until
midnight, but they still must comply with the noise ordinance." (I assume as per Code 4-
9-6, Section D). He said he would call the Ada County Sheriff's office. When at nearly
11:30pm the noise still had not stopped, I called Councilman Scott Nordstrom. He also
agreed to call the Ada County Sheriff's office, and within a few minutes the noise had
finally stopped.
Sunday at 4:30om, Stan Bastian left a message on my answering machine. When I called
him back day later, he apologized and said that the Chamber of Commerce, in charge of
Eagle Funs Days, had come to the Council requesting the waiver.
Monday, June 7, I went to Eagle City Hall and was informed by a clerk that no law had
been broken because the City Council had approved the waiver.
Today, Tuesday, June 8, I inadvertently ran into a Chamber of Commerce member
entering a Chamber luncheon. When I mentioned the incident, he directed me to a
Chamber member affiliated with a radio station who referred me to the member in
charge, Teri Bath; Teri, in turn, deferred me to the person in charge of the rodeo, Tracy
Baggerly. Upon talking to Tracy Baggerly, he said that it was a fundraiser to benefit poor
people and adversely affected only a few people; he then deferred me back to the City
Council.
A phone call to a municipal tort lawyer revealed the necessity of a City Council to hold
hearings and post notices in newspapers and in open viewing places informing the
community in regard to proposed changes in codes and ordinances.
Later, in the afternoon, I went into city hall for a copy of the Eagle City Noise Ordinance
and information regarding hearing and notices regarding any changes. At that time,
Nancy Merrill informed me that hearings and notices take place as required by law and
are on record. Afterward, the clerk informed me that hearings and notices had not taken
place in this case because they weren't required by law.
"Legal" or not, the music was an annoying nuisance, having a detrimental effect on
people in the community (Code 4-1-3); a disturbance, having a harmful to health,
welfare, and quality of life of citizens (Code 4-9-1); and a violation of the public peace,
quiet and comfort of normal people (Code 4-9-3).
2
If legal recourse is not available to maintain our City Codes and Ordinances, perhaps, this
is a political issue.
COMMUNITY COMMENTS—Eagle Meadows Mobile Home Park:
During Incident:
Sat. June 5, 10:30pm--Children ages 10-12: "I just want it to stop." "I just wish it would
stop."
After Incident:
Mon. June 7—Adults: "It was awful. I was going to call, but I kept thinking it would
stop." "I couldn't stand it." "I just wished I could make it stop."
One adult said, "I liked it."
Tues. June 8—Adults: "I thought I was going crazy. I went outside to see if the sky was
falling." "If I had known it was approved by the council, I would've called Nancy." "I
wish I would've called about it. It was awful."
INCIDENT #2: Beginning the week of June 1, 2004 – June 4, 2004, I have been
awakened at 6:00 A.M. more than once by the high pitched sound of a power saw and/or
other machinery.
COMMUNITY COMMENTS – from Retirement Home behind Albertson's:
Tuesday, June 8, 2004, Employee— "The `beep, beep, beep' and other machinery
coming from the construction site starting at 6:00 A.M.is really annoying the residents
here."
Once again, "legal" or not, the machinery is an annoying nuisance, having a detrimental
effect on people in the community (Code 4-1-3); a disturbance, having a harmful to
health, welfare, and quality of life of citizens (Code 4-9-1); and a violation of the public
peace, quiet and comfort of normal people (Code 4-9-3).
If legal recourse is not available to maintain our City Codes and Ordinances, perhaps, this
is a political issue.
Whatever it takes, WE JUST WANT THE NOISE TO STOP!
Thank you for serving and praying for God's direction in your difficult decision making
efforts to maintain a balanced community.
God Bless
Z -4-,24--.---m,
Kathy Freeman
Citizen & Resident
DEFINITIONS: CODE - a systematic statement of a body of law
ORDINANCE - authoritative decree or law; municipal regulation
3
Eagle City Council
Public Hearing Sign-up Sheet
Subject: CU -2-04 - Mobile Office (Pre -manufactured Bank Facility With Drive Un
Service) — Home Federal:
June 8, 2004
7:30 p.m.
ADDRESS/ TESTIFY
NAME TELEPHONE SUBJECT YES/NO? PRO/CON
Page 1 f 1
H:1CO UNCILIAGENDAICCS IGN U P. W PD
Eagle City Council
Public Hearing Sign-up Sheet
Subject: ZOA-2-04 (Ordinance No. 444)— Zoning Ordinance Amendment — City of
Eagle: Ordinance Of The City Of Eagle, Ada County Idaho Repealing Eagle
City Code Title 8 "Zoning", Chapter 8 "Area Of City Impact", Section 2
"Annexation To Occur Only In Area Of City Impact"; Providing A Severability
Clause; And Providing An Effective Date. (WEV)
June 8, 2004
7:30 p.m.
ADDRESS/ TESTIFY
NAME TELEPHONE SUBJECT YES/NO? PRO/CON
Page 1 f 1
H:ICOUNCILIAGENDAICCS IGNUP. W PD
LC
L St Luke's 611
J11rflkart safe
J
`keommunity AED Program
More than 250,000 Americans die of sudden cardiac arrest each
year, resulting in nearly one death every two minutes.That's why
St. Luke's has created a community program designed to place
Automated External Defibrillators (AEDs) in various locations
throughout the Treasure Valley so that the appropriate resources
are available when and where they are needed.To assist in this
endeavor, we intend to partner with civic leaders, local corporations
and American Heart Association training centers.Through this
cooperative effort,AEDs, heart healthy information, training and medical support will be provided free
of charge to non-profit organizations demonstrating a need.
There is currently no existing community -wide AED program in the state of Idaho, therefore this is an
outstanding opportunity for St. Luke's, its civic and corporate partners to educate the public on heart
healthy behaviors and provide a much needed community service.
OUR GOALS AND OBJECTIVES
• To launch a community -wide heart health campaign, centered around the introduction
of educational information and the placement of AEDs in strategic locations.
• To identify civic and corporate partners willing to support this community effort.
• To ensure integration and coordination of AED services/program with community emergency
response system.
• To offer community education and training to appropriate individuals/entities.
HOW YOU CAN HELP
• Participate in St. Luke's kick-off event by proclaiming your city a "HeartSafe Community."
• Approve the placement of a free AED unit in City Hall.
• Identify a "champion" within your organization to facilitate training of staff and support of equipment.
INFORMATION ABOUT AEDs
• What is an AED? An automated external defibrillator (AED) is a device that shocks the heart to
restore a normal heartbeat after a life-threatening irregular rhythm.The AED is capable of interpreting
a person's heart rhythm and automatically delivering a defibrillation shock with minimal input from the
operator.The only knowledge required to operate an AED is to press the "ON" button.The unit
speaks to you in a computer-generated voice that guides you through the rest of the procedure.
• Who can benefit from defibrillation? There are many causes of sudden cardiac arrest, also known
as ventricular fibrillation, where the normal electrical signal that runs through the heart is interrupted
for some reason.These may include congenital defects, illness, heart attack, environmental conditions,
and physical contact, such as a sudden blow to the chest.l
• Anyone, at any age, can become a victim of sudden cardiac arrest.Ventricularfibrillation is common in
adults, but relatively uncommon in children. However, according to a scientific statement published
in Circulation: journal of the American Heart Association (July 2003), they state that AEDs are "safe for
children as young as age one.
• How prevalent is sudden cardiac arrest? More than 250,000 Americans die of sudden cardiac
arrest each year, resulting in nearly one death every two minutes. Up to 50,000 of these deaths could
have been prevented if someone had initiated the four -step cardiac Chain of Survival (I. early access to
EMS, 2. early CPR, 3. early defibrillation, and 4. early advanced cardiovascular care), and if an automated
external defibrillator had been available for immediate use at the time of the emergency.2
• How important is training? Training is necessary in order to understand the role of defibrillation
in the cardiac Chain of Survival.Training in CPR and AED skills will enable the rescuer to offer
appropriate response, thereby increasing the victim's chance of survival. Emergency personnel (EMS,
police, fire) should be trained as they are often the first responders in an emergency.According to a
study in the Annals of Emergency Medicine, police generally arrive on the scene before paramedics,
therefore victims are ten times more likely to survive if the police can defibrillate them upon arrival
at the scene.
CONTACT INFORMATION
Beth Toal
Public Relations Manager
St. Luke's Regional Medical Center
190 E. Bannock St.
Boise, ID 83712
208-381-2002
toalb@slrmc.org
1 www.aedheart.com/faq.asp
2 American Red Cross 2003, www.redcross.org/services/hss/courses/aed.html
=-,1-AFL St Luke's
Heart Safe
Training and Service
Training and service for AEDs purchased, or donated to non-profit
organizations, by your company through the Heart Safe Community
program are provided by STAT Emergency Training Center (ETC), a
division of STAT PADS'. STAT ETCH'' is an American Heart Association
certified training center directed by board certified emergency
physicians. Dedicated to the highest standards of medical education,
STAT ETC provides expert instructors and a professional support staff.
Comprehensive Training
Heart Safe Community AED purchasers receive training for up to 10 staff members.Training follows
American Heart Association (AHA) guidelines for CPR and AED use.All trainers are AHA -certified.
• CPRTraining and Certification: Basic Life Support (BLS) training, which includes recognizing
the signs and symptoms of stroke, heart attack, choking and cardiac arrest; CPR instruction; and
proper techniques for treating a choking victim.
• AED Training: Seamlessly integrated into the CPR training, participants learn step-by-step
use of the AED.
• Blood -Borne Pathogens Training: Provides vital information on blood-borne pathogens
and teaches proper techniques to assure safety for the responder.
Ongoing Service
As part of the STAT PADS Solution TM monthly service agreement, you will receive the following
services and training.
• Medical Control: Continued program oversight by an emergency medical physician.
• On -Site Physician Event Review and Debriefing: Comprehensive debriefing session provided
each use of the AED.
• Electrode Replacement: Provided each time the AED is used.
• On -Site Service and Replacement Assistance: In the event of any concern or problem with
the AED(s) in your facility, a replacement AED will be provided within 48 hours.
• Quarterly STAT PADS Newsletter.
• Notification of electrode and battery expiration dates.
• Annual CPR, AED and emergency Oxygen Refresher Course: A one-hour refresher course
provided during STAT PADS' annual visit. Includes readiness drills and review of internal
activation and response procedures.
• Bi Annual CPR and AED Recertification: Every two years, up to 10 staff members will be
recertified on-site.
��St Luke's
1 Heart saf
Frequently Asked
Questions About AEDs
Q.What is an AED?
A. An automated external defibrillator (AED) is a device
that shocks the heart to restore a normal heartbeat
after a life-threatening irregular rhythm.The AED is
capable of interpreting a person's heart rhythm and
automatically delivering a defibrillation shock with minimal
input from the operator. The only initial requirement of an
AED operator is to press the "ON" button. Once activated,
the unit speaks in a computer-generated voice that
guides the user through the rest of the procedure.The
user is prompted to place a set of adhesive electrode
pads on the victim's bare chest and, if necessary, to plug
the pads' connector to the AED.The AED then begins
to automatically analyze the person's ECG rhythm to
determine if a shock is required. If a shock is needed,
the AED automatically charges itself and tells the user
when to press the button to deliver the shock. Once
the shock is delivered, the AED prompts the user to
determine if normal breathing or circulation has returned;
otherwise, the user will be reminded to start CPR1.
Q. Who can benefit from defibrillation?
A. There are many causes of sudden cardiac arrest,
also known as ventricular fibrillation, where the normal
electrical signal that runs through the heart is interrupted
for some reason.These may include congenital defects,
illness, heart attack, environmental conditions, and
physical contact, such as a sudden blow to the chest.2
Anyone, at any age, can become a victim of sudden cardiac
arrest.A scientific statement published in Circulation:
Journal of the American Heart Association (July 2003), states
that AEDs are "safe for children as young as age one."
Q. How prevalent is sudden cardiac arrest?
A. More than 250,000 Americans die of sudden cardiac
arrest each year, resulting in nearly one death every two
minutes. Up to 50,000 of these deaths could have been
prevented if someone had initiated the four -step cardiac
Chain of Survival: I. early access to EMS; 2. early CPR; 3.
early defibrillation; and 4. early advanced cardiovascular
care; and if an AED had been available for immediate use
at the time of the emergency3.
Q. How important is AED training?
A. Training is necessary in order to understand the role
of defibrillation in the cardiac Chain of Survival.Training
in CPR and AED skills enables the rescuer to offer
appropriate response, thereby increasing the victim's
chance of survival.
When your company becomes a Heart Safe partner
through purchase of AEDs for use in your facility,AED
training and support will be provided.
Q. How are AED sponsors recognized?
A. The AEDs provided through the Heart Safe
Community program are wall units surrounded by
signage that provides information on heart attack
symptoms.The signage also includes sponsorship
designation. (See page _ for an artistic rendering.)
Q. We want to be part of St. Luke's Heart
Safe Community. How do we get involved?
A. For purchase and/or sponsorship information, call
STATPADS at I -866-STATPADS (866-782-8723) or via
email at www.statpads.com.
1 www.emedicinehealth.com
2 www.aedheart.com/faq.asp
3 American Red Cross 2003, www.redcross.org/services/hss/
courses/aed.html