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Minutes - 2004 - City Council - 07/13/2004 - Workshop
.,/
ORIGINAL
EAGLE CITY COUNCIL
Minutes
July 13, 2004
~ WORKSHOP: 5:30 v.m.
Facilities Manager Report: Mick McCurry distributes a report to the Council in regards
to the RV Dump Site and discusses the same. General discussion.
Council concurs to have Mick move forward to pursue Winco for the site and negotiate
the maintenance costs.
A. Discussion on proposed budget for fiscal year 2004-2005
General Council discussion on the proposed budget for fiscal year 2004-2005.
Council concurs to adopt Plan B from the Ada County Sheriff's Department in the
amount of $957,025.24 per year.
Council approves the increase requested from Tom Wilson the City Code Enforcement
Officer.
Council approves the BPI Leaf Program in November and the Hazardous Waste
Collection on a quarterly basis. Funding for these programs will come from the revenue
the City receives from BPI for additional programs and education.
Council approves a 2.5% COL for personnel and a 2.5% merit for performance increase.
The Mayor will meet with department supervisors in regards to merit increases.
~ AGENDA: 6:30 V.m. - 7:30 V.m.
1. Review of audit report for fiscal year 2002-2003: Gibbons, Scott & Dean LLP.,
representative Jo Bolen will review the audit report which was received by the City on
May 5, 2004. The audit went very smooth. City Clerk and Office Staff have done a good
job. Discussion on revenue and expense posting. Discussion on the various funds.
General discussion.
2. Cable One representative, Michelle Cameron will discuss rate increases and burying
cable lines. Michelle Cameron distributes information to the Council and discusses the
increase in rates and burying the cable lines. Discussion on burying the transmission
lines. General discussion.
3. City Engineer Report: Vern Brewer, Holladay Engineer, discussion on a draft
ordinance regarding water rights as a condition of annexation. I'm requesting Council to
add this to the agenda for action.
Discussion on an application to BLM for the ground that would become the eventual
water storage site for the western area of impact. I'm requesting Council to add this to
the agenda for action and to authorize the Mayor to sign the application.
Ken Rice, Holladay Engineering, discusses the application to BLM.
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The Dater fence is still an issue. We had a donation to put the fence in but it has been
withdrawn. The Fire Department will donate the construction if we have someone to set
the comer posts. Dater is fine with the extension as long as the City is making progress
on the fence.
There are only a few items on a punch list for completion of the pathway which includes
slgnage.
General discussion.
4. Larry Sale, Liaison with ACHD, we will be doing some construction on the Beacon
Light bridge this summer.
Our Pedestrian Pathway survey crew will be out working in your area.
Discussion on the repairs that were made to the street lights on State Street.
Discussion on the land exchange agreement with ACHD and Ada County. We will be
moving the material off from that site as soon as the chip seal season is over, around
September.
5. City Attorney Report: Discussion on Idaho Power transmission lines. General
discussion.
6. City Clerkffreasurer Report: No report
7. Zoning Administrator's Report: No report
8. Mayor and Council's Report: Moved to the end of the Agenda
REGULAR COUNCIL AGENDA:
1. CALL TO ORDER: Mayor Merrill calls the meeting to order at 8:00 p.m.
2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. Bastian
absent. Nordstrom in attendance by speaker phone. A quorum is present.
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENT: Frank Thompson, I think the City of Eagle should video the
City Council meetings. General discussion.
Guerber moves to amend the Agenda by adding the following items: Item SN. Open
Container Permit for Terry Hayden; lOCo BLM Application for Transportation and
Utility Systems and Facilities on Federal Lands and lOD. Ordinance No. 479.
Seconded by Sedlacek. 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,
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or Design Review Board shall be adopted as part of the City Council's
Consent Agenda approval motion unless specifically stated otherwise.
A. Claims Against the City.
B. Minutes of June 1,2004 special meeting.
C. Minutes of June 22, 2004.
D. Minutes of July 6,2004 special meeting.
E. Open Container Permit: Toothman-Orton Engineering Company is
requesting an open container permit to be used at Merrill Park on August
7, 2004 from 5 :00 p.m. to 9:00 p.m. They have met all of the requirements
established by the City of Eagle and the Ada County Sheriff's Office.
(SEB)
F. DR-44-04 - Restaurant Facility for Cheerleaders Sports Dar and Grill
- Robert Godsill: Roger Godsill, represented by Rocky Towle with
Design Resources Architects, is requesting design review approval to
construct a 5,789-square foot restaurant facility. The site is located on the
south side of East Shore Drive approximately 820-feet east of Eagle Road
within the Eagle River Development at 287 East Shore Drive. (WEV)
G. DR-45-04 - Two Dundin!! Wall Si!!ns for Cheerleaders Sports Bar and
Grill - Robert Godsill: Robert Godsill, represented by John McMahon
with Classic Design Studio, is requesting design review approval to
construct two (2) building wall signs for Cheerleaders Sports Bar and
Grill. The site is located on the south side of East Shore Drive
approximately 820-feet east of Eagle Road within the Eagle River
Development at 287 East Shore Drive. (WEV)
H. DR-47-04 - Master Sien Plan for a Multi-tenant Office Dundin!!-
Roddy Eyans: Roddy Evans is requesting design review approval of a
master sign plan for a multi-tenant office building, including a building
wall sign for Idaho One Realty and Idaho One Mortgage. The site is
located on the northeast corner of East State Street and Academy Lane at
1300 East State Street. (WEV)
I. DR-49-04 - Modify the Existin!! Pizza Hut Monument Si!!n to include a
Money Tree Si2D - Money Tree: Money Tree, represented by Russ
Doughty with Lytle Signs, is requesting design review approval to modify
the existing Pizza Hut monument sign to include a Money Tree sign. The
site is located on the northeast comer of State Highway 44 and Eagle Road
within Eagle Pavilion Shopping Center at 396 South Eagle Road. (WEV)
J. DR-60-04 - Limited Industrial Facility - Perry Eliason: Perry Eliason,
represented by Stephen Teed with Stephen Teed Architects, is requesting
design review approval to construct a 6,838-square foot limited industrial
facility. The site is located south of East State Street and north of
McGrath Road, approximately 720-feet east of Edgewood Lane at 1800
McGrath Road. (WEV)
K. DR-61-04 - Monument Si!!n and Dundin!! Wall Si!!n for Pro Concrete
Art - Perry Eliason: Perry Eliason, represented by Stephen Teed with
Stephen Teed Architects, is requesting design review approval to construct
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a monument sign and building wall sign for Pro Concrete Art. The site is
located south of East State Street and north of McGrath Road,
approximately 720-feet east of Edgewood Lane at 1800 McGrath Road.
(WEV)
L. Findinl!S of Fact and Conclusions of Law for A-2-03/RZ-2-03/CU-S-
03/PPUD-I-O3/PP-3-03 - La2Una Pointe Planned Unit Development-
La2Una Pointe LLC: Laguna Pointe LLC, represented by Land
Consultants Inc., is requesting an annexation and rezone from RUT (Rural
Urban Transition) to R-2-DA-P (Residential up to two units per acre with
development agreement and PUD) and R-E-DA-P (Residential Estates up
to one dwelling unit per two acres with development agreement and PUD),
a rezone from A-R (Agricultural-Residential) to R-2-DA-P (Residential up
to two units per acre with development agreement and PUD) and R-E-DA-
P (Residential Estates up to one dwelling unit per two acres with
development agreement and PUD), conditional use permit, preliminary
development plan, and preliminary plat approvals for Laguna Pointe
planned unit development. The 117 .51-acre development consists of a 53-
lot (43-buildable, lO-common) residential subdivision*. The site is
located east of Eagle Road approximately l/2-mile north of Chinden
Boulevard at 2260 S. Eagle Road. (WEV)
M. Appointments to the Development Impact Fee Advisory Committee:
The Mayor is requesting Council confirmation to appoint the members of
the Park & Pathway Development Committee to also serve as the
Development Impact Fee Advisory Committee. The terms of office will
be designated as established in E.c.c. 2-5-2. (NM)
N. Open Container Permit for Terrv Hayden.
Guerber moves to remove Item SM. from the Consent Agenda. Seconded by
Sedlacek. ALL AYES: MOTION CARRIES........................
Guerber moves to approve the Consent Agenda as amended. Seconded by Sedlacek.
ALL AYES: MOTION CARRIES................
5M. Appointments to the Development Impact Fee Advisory Committee: The
Mayor is requesting Council confirmation to appoint the members of the Park & Pathway
Development Committee to also serve as the Development Impact Fee Advisory
Committee. The terms of office will be designated as established in E.C.C. 2-5-2. (NM)
Mayor: We are appointing the Park & Pathway Development Committee minus Don
Stockton to be the Development Impact Fee Advisory Committee. General discussion.
Sedlacek moves to approve the Park & Pathway Development Committee with
Stockton removed as the Development Impact Fee Advisory Committee. Seconded
by Guerber. ALL AYES: MOTION CARRIES....................
6. PROCLAMATIONS & RESOLUTIONS: None
7. FINAL PLATS: None
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8. PUBLIC HEARINGS:
A. ~nl!: to consi4er the ratification of the sale and purchase al!:reement
þetween Ada County Hil!:hway District and the City of Eal!:le for the sale and
£!£.hanl!:e of parcels I!:enerally located north of Hill Road and West of Dicky Drive.
(SEB)
Mayor introduces the issue.
City Attorney Buxton: This was the document negotiated between the City and ACHD
for the land exchange on the Hill Road Property. General discussion.
Mayor opens the Public Hearing.
Mayor closes the Public Hearing.
Sedlacek moves to ratify Resolution No. 04-09 and authorize the Mayor to sign a
Purchase and Sale Agreement with AHCD for the acquisition of Property on Hill
Road. Seconded by Nordstrom. Sedlacek: AYE; Guerber: AYE; Nordstrom: AYE:
ALL AYES: MOTION CARRIES..................
Further general Council discussion.
9. UNFINISHED BUSINESS:
A. Review and action of the United Water Contract: (SEB)
Mayor introduces the issue.
City Attorney Buxton: Provides Council an overview of the draft contract with United
Water. I do not want an action tonight other than discussion on the contract and
answering any questions that you have. The final Contract will come back to you for
approval. General discussion.
Sedlacek moves to continue action on the United Water Contract to the August 10,
2004 City Council meeting. Seconded by Nordstrom. ALL A YES: MOTION
CARRIES....... .........
B. Discussion on City Hall. (NM)
C. ReQuest for Proposals for City Hall facility. (SEB)
Mayor introduces the issues. Item Band C are discussed together.
City Attorney Buxton and Council discuss the Request for Proposals.
Tom Zabala discusses the Request for Proposal and an overview of where ZGA is on the
revised plans. General discussion.
Further general discussion.
Guerber moves to continue the Request for Proposals for review on the City Council
Agenda for July 27, 2004. Seconded by Sedlacek. ALL A YES: MOTION
CARRIES.... ...................
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10. NEW BUSINESS:
A. Municipal Water System Rates: Representatives from Holladay Engineering present
information on this item. (VB)
Mayor introduces the issue.
Ken Rice, Holladay Engineering, distributes a hand out to the Council and discusses the
same. General discussion.
Council concurs on Option C - Quantity.
A public hearing needs to be held on August 17, 2004, to be heard in conjunction with
public hearing on the Budget for FY04/05.
Sedlacek moves to direct our engineering firm to do an analysis to take this matter
to a rate hearing on August 17,2004. Seconded by Guerber. ALL A YES:
MOTION CARRIES................
B. Review and action on recommendations forwarded by the Park and Pathway
Development Committee. (G)
MayorinIToducestheissue.
General Council discussion on the recommendations presented.
Guerber moves to have the City Clerk identify a source of funds not to exceed
$2,000.00 to purchase signage to be installed along the pathway. Seconded by
Sedlacek. Discussion. Sedlacek: AYE; Guerber: AYE: Nordstrom: AYE: ALL
AYES: MOTION CARRIES............
Guerber recommends that we endorse a ban on firearms on the greenbelt and work
with the Sheriff's Department in this regard. Seconded by Sedlacek. Discussion.
ALL AYES: MOTION CARRIES..........
Guerber moves to authorize the expenditure of funds to place a mutt mitt dispenser
on the south side of the north channel on the east side of the bridge. Seconded by
Sedlacek. Sedlacek: AYE: Guerber: AYE: Nordstrom: AYE: ALL AYES:
M OTI 0 N CARRIES.................
C. BLM - Application for Transportation and Utility Systems and Facilities on
Federal Lands.
Mayor introduces the issue.
Vem Brewer, Holladay Engineering, provides Council an overview of the application
process and discusses the location of the water storage tank.
General Council discussion.
Guerber moves to submit the Application for Transportation and Utility Systems
and Facilities on Federal Lands for the water storage facility and authorize the
Mayor to sign the Application. Seconded by Sedlacek. Discussion. Sedlacek: AYE;
Guerber: AYE; Nordstrom: AYE: ALL AYES: MOTION CARRIES.............
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D. Ordinance No. 479 - An Ordinance of the City of Ea2le. Ada County. Idaho.
amendine Title 6. Chapter 5. of the Eaele City Code. Amendine Section 6-5-23
Providine Requirements for the Provision of Water Supply as a Condition of
Annexation and/or Approval of New Development within the City of Eaele. Idaho:
and Establishine an Effective Date.
Mayor introduces the issue.
City Attorney Buxton: Discusses the proposed Ordinance. General discussion.
Vern Brewer, Holladay Engineering, discusses the Ordinance. General discussion.
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 #479 be considered after being read once by
title only. Guerber reads Ordinance #479 by title only. Seconded by Sedlacek.
ALL AYE: MOTION CARRIES.................
General discussion on this being the first reading of the ordinance.
Guerber amends his Motion to be the first reading of Ordinance #479. Sedlacek
concurs. ALL A YES: MOTION IS AMENDED
Guerber moves that Ordinance #479 be on the July 27, 2004 City Council Agenda
for adoption. Seconded by Sedlacek. ALL AYES: MOTION CARRIES..............
11. EXECUTIVE SESSION:
A. Personnel Issues: I.C. 67-2345(a & b)
B. Threatened or Pendine Litieation: I.C. §67-2345(f)
City Attorney Buxton: I have no threatened or pending litigation for discussion in an
Executive Session.
Guerber moves to go into Executive Session for the discussion on personnel issues.
Seconded by Sedlacek. ALL A YES: MOTION CARRIES......................
General discussion on personnel issues.
Council leaves Executive Session at 9: 15 p.m.
Sedlacek moves to approve the maternity leave requests submitted by Tracy Osborn
and Nichole Baird-Spencer. Seconded by Nordstrom. ALL A YES: MOTION
CARRIES...............
MA YOR AND COUNCIL REPORTS:
Guerber: No Report
Sedlacek: Discussion on the flyer that the Sheriff's Department is going to send out to
residents through the Sewer District's billings.
Cliff Marks has resigned as the Chairman of the Economic Development Committee.
Mayor: The Humane Society will be at our next meeting to justify their budget request.
We will be losing a P&Z Member the end of August. General discussion.
Discussion on economic development for the downtown business.
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Discussion on wireless broadband utility. Discussion on if this will require towers.
I will be out of town next week and Stan will be back.
Discussion on the applicants for the director of Compass.
Nordstrom: No report.
12. ADJOURNMENT:
Guerber moves to adjourn. Seconded by Sedlacek. ALL AYE: MOTION
CARRIES. ......... ....
Hearing no further business, the Council meeting adjourned at 9:30 p.m.
Respectfully submitted:
~ýA-<L- ~..---I
..... SHARON K. BERGMANN
CITY CLERKfTREAS URER
APPROVED:
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1 I1 CITY OF EAGLE
CITY COUNCIL
TUESDAY, JULY 13, 2004
7:30 P.M.
A PUBLIC HEARING TO CONSIDER Ili; RATIFICATION OF Y Iu
SALE AND PURCHASE AGREEMENT BETWEEN ADA COUNTY
HIGHWAY DISTRICT AND IBE CITY OF EAGLE FOR THE SALE
AND EXCHANGE OF PARCELS GENERALLY LOCATED NORTH
OF HILL ROAD AND WEST OF DICKY DRIVE.
ADDRESS/
TESTIFY
NAME TELEPHONE SUBJECT
Page 1 f 1
H:ICOUNCILIAGENDAICCSIGNUP. WPD
YES/NO? PRO/CON
Option
A.
B.
C.
D.
(E)
EAGLE CITY WATER
Sample Spread Sheet Solutions
Rate Structure
Mixed basis;
annual review
Quantity only
annual review
Mixed basis;
Quadrennial
Review
Base only;
Quadrennial review
(Base only; annual review)
Base
i_ $9.02
$8.50
0
$9.75
$9.00
$8.50
$19.22
($18.46)
Quantity
(per CCF)
$0.90
$0.95
$1.76
$0.97
$1.05
$1.10
0
(0)
HOLLADAY ENGINEERING COMPANY
EEG091400 Ken Rice / Page 1
RV Dump Station
The City of Eagle has been researching an RV Dump location since 1999 or maybe
longer. The State Department of Park and Recreation have an interest in Eagle installing
an RV Dump Station. Jim Birdsall has done significant research into this project and
believes that Eagle can install an RV Dump Station with State funds but the site would
have to be maintained by someone.
RV Dump Stations require a large amount of open space to maneuver vehicles around the
actual dump location. It is also convenient to have other facilities co -located with the
dump site so that the patrons can take advantage of the stop in order to acquire fuel or
groceries. The largest concentration of RV travel in Eagle is on State Street and Hiway
55.
The Winco Foods organization has expressed an interest in installing an RV Dump
Station on their property which will have food and fuel available. This site will take
advantage of the high use of State Street and Hiway 55 by valley residents. Winco Foods
is in the final design stages for their future facility. Now is ideal time to make the
decision to support this site so we can enter into negotiations with Winco on 0 & M
funding for this installation.
The Winco location provides the necessary space, the ability of the patrons to accomplish
other task such as groceries and fuel, plus the real opportunity to get someone else to take
care of the 0 & M on this facility. Eagle could gain points with State Parks and
Recreation for future grants such as the Hill Road Park application we are currently
pursuing if way make the decision and move forward now.
.. STANDARD FORM 299 (2/2003)
Prescribed by DOI/USDA/DOT
P.L. 96-487 and Federal
Register Notice 5-22-95
APPLICATION FOR TRANSPORTATION AND
UTILITY SYSTEMS AND FACILITIES
ON FEDERAL LANDS
NOTE: Before completing and filing the application, the applicant should completely review this package and schedule a
preapplication meeting with representatives of the agency responsible for processing the application. Each agency
may have specific and unique requirements to be met in preparing and processing the application. Many times, with
the help of the agency representative, the application can be completed at the preapplication meeting.
1. Name and address of applicant (include zip code)
City of Eagle
310 East State Street
Eagle, ID 83616
4. As applicant are you? (check one)
a.
b.
c.
d.
e.
f.
❑ Individual
❑ Corporation*
❑ Partnership/Association*
❑ State Government/State Agency
✓� Local Government
❑ Federal Agency
* If checked, complete supplemental page
2. Name, title, and address of authorized agent if different
from Item 1 (include zip code)
Holladay Engineering Company - Kenneth R. Rice, P.E.
P.O. Box 235
Payette, ID 83661
5. Specify what application is for: (check one)
a. El New authorization
b. 0 Renewing existing authorization No.
c. 0 Amend existing authorization No.
d. 0 Assign existing authorization No.
e. 0 Existing use for which no authorization has been received*
f. 0 Other*
FORM APPROVED
OMB NO. 1004-0189
Expires: October 31, 2005
FOR AGENCY USE ONLY
Application Number
Date filed
3 TELEPHONE (area code)
Applicant
(208) 939-6813
Authorized Agent
(208) 642-3304
* If checked, provide details under Item 7
6. If an individual, or partnership are you a citizen(s) of the United States? 0 Yes 0 No Not Applicable
7. Project description (describe in detail): (a) Type of system or facility, (e.g., canal, pipeline, road); (b) related structures and facilities; (c) physical specifications
(length, width, grading, etc.); (d) term of years needed; (e) time of year of use or operation; (f) Volume or amount of product to be transported; (g) duration and
timing of construction; and (h) temporary work areas needed for construction (Attach additional sheets, {/'additional space is needed.)
(a) Municipal potable water tanks 2 each @ 1,500,000 gallon capacity.
(b) Access road on SW 1/4 SE 1/4 Sec. 27, T5N, R1W. BM; connecting pipeline on same 1/4 1/4.
(c) Road 24 ft. wide, approximately 800 ft. pipe 24 inch diameter max with 4 ft. earth cover burial.
(d) Perpetual or 99 -year.
(e) Year- around.
(f) Does not apply.
(g) Not more than 270 days construction time per tank (will build as two phases, about 5 years apart).
(h) See attached map for proposed site and access.
8. Attach a map covering area and show location of project proposal Attached
9. State or local government approval: 0 Attached 0 Applied for 0 Not required See attached comments*
10. Nonreturnable application fee: 0 Attached 0 Not required
11. Does project cross international boundary or affect international waterways? 0 Yes 0 No (If "yes." indicate on map)
12. Give statement of your technical and financial capability to construct, operate, maintain, and terminate system for which authorization is being requested.
Applicant is a municipal govemment of a city with a population of probably 15.000 at present and experiencing population growth in excess of 10 percent
annually. Applicant has all the funding and administrative tools and the institutional longevity and accountability inherent in existing as a municipal
corporation in the State of Idaho.
*(Attached Comment):
Local govemment approval required is a Conditional Use Permit from Ada County Planning and Zoning. It is expected to be non -controversial. State
govemment approval required is technical design approval from the State of Idaho Department of Environmental Quality. This approval will concern
technical standards only.
(Continued on page 2) This form is authorized for local reproduction.
13a. Describe other reasonable alternative routes and modes considered.
(1) Tower - mounted elevated water storage tank.
(2) Electronically - controlled booster pumps for pressurization
(3) Nearby site on private land.
b. Why were these alternatives not selected?
1. Tank on tower too costly (not cost effective compared to hillside).
2. Automatic boosters: not reliable enough for fire protection.
3. Nearby site on private land: visual screening more difficult, pipeline longer and zoning issues.
c. Give explanation as to why it is necessary to cross Federal Lands.
Federally owned site is most accessible point of appropriate elevation and with terrain that accommodates economical means of visual screening of
facility. Need for water at the proper pressure, supplied with the reliability of gravity, is a basic need of cities.
14. List authorizations and pending applications filed for similar projects which may provide information to the authorizing agency. (Specify number, date, code, or name)
None known to applicant.
15. Provide statement of need for project, including the economic feasibility and items such as: (a) cost of proposal (construction, operation, and maintenance); (b)
estimated cost of next best alternative; and (c) expected public benefits.
Purpose is to provide cost effective water storage based in particular on needed reserve for fire fighting for a probable final total of 30,000 or more residents
and structures valued at probably $3,000,000,000.
16. Describe probable effects on the population in the area, including the social and economic aspects, and the rural lifestyles.
About five acres of dry range would be withdrawn from grazing as road already exists (with gates). Access road would be gated similarly, introducing no
general change. Project would accommodate a process of urbanization in sections to south, but denial of project would not prevent urbanization.
17. Describe likely environmental effects that the proposed project will have on: (a) air quality; (b) visual impact; (c) surface and ground water quality and quantity; (d)
the control or structural change on any stream or other body of water; (e) existing noise levels; and (f) the surface of the land, including vegetation, permafrost, soil,
and soil stability.
(a) Air quality: no expected effect. (b) Visual impact: minor construction to be below skyline and screened by berm. (c) Water quality and quantities:
none. Water will be from a remote source and used at remote sites. (d) Streams and bodies of water. none. (e) Existing noise levels: some noise during
construction. but nearest dwelling is more than 500 feet from site. (f) Surface of the land: minor shaping, berm and fence around facility and surface
gravel around tanks to protect facility from range fire.
18. Describe the probable effects that the proposed project will have on (a) populations of fish, plantlife, wildlife, and marine life, including threatened and endangered
species; and (b) marine mammals, including hunting, capturing, collecting, or killing these animals.
(a) Little effect on any known species. About four acres will be built on.
(b) No known effect on marine mammals.
19. State whether any hazardous material, as defined in this paragraph, will be used, produced, transported or stored on or within the right-of-way or any of the right-of-way
facilities. or used in the construction, operation, maintenance or termination of the right-of-way or any of its facilities. "Hazardous material" means any substance,
pollutant or contaminant that is listed as hazardous under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. as amended, 42 U.S.C.
9601 et seq., and its regulations. The definition of hazardous substances under CERCLA includes any "hazardous waste" as defined in the Resource Conservation and
Recovery Act of 1976 (RCRA), as amended, 42 U.S.C. 9601 et seq., and its regulations. The term hazardous materials also includes any nuclear or byproduct material
as defined by the Atomic Energy Act of 1954. as amended, 42 U.S.C. 2011 et seq. The term does not include petroleum, including crude oil or any fraction thereof that
is not otherwise specifically listed or designated as a hazardous substance under CERCLA Section 101(14), 42 U.S.C. 9601(14), nor does the tern include natural gas.
No hazardous materials expected. Site to be used to store potable water.
20. Name all the Department(s)/Agency(ies) where this application is being filed.
Bureau of Land Mangement
1 HEREBY CERTIFY, That 1 am of legal age and authorized to do business in the State and that 1 have personally examined the information contained in the application and
believe that the information submitted is correct to the best of my knowledge.
Signature of Applicant Date
Title 18, U.S.C. Section 1001 and Title 43 U.S.C. Section 1212, make it a crime for any person knowingly and willfully to make to any department or agency of the United
States any false, fictitious, or fraudulent statements or representations as to any matter within its jurisdiction.
(Continued on page 3)
SF -299, page 2
APPLICATION FOR TRANSPORTATION AND UTILITY SYSTEMS
AND FACILITIES ON FEDERAL LANDS
Department of Transportation
Federal Aviation Administration
Alaska Region AAL -4, 222 West 7th Ave., Box 14
Anchorage, Alaska 99513-7587
Telephone: (907) 271-5285
GENERAL INFORMATION
ALASKA NATIONAL INTEREST LANDS
This application will be used when applying for a right-of-way, permit,
license, lease, or certificate for the use of Federal lands which lie within
conservation system units and National Recreation or Conservation Areas
as defined in the Alaska National Interest Lands Conservation Act.
Conservation system units include the National Park System, National
Wildlife Refuge System, National Wild and Scenic Rivers System,
National Trails System, National Wilderness Preservation System, and
National Forest Monuments.
Transportation and utility systems and facility uses for which the
application may be used are:
1. Canals, ditches, flumes, laterals, pipes, pipelines, tunnels, and other
systems for the transportation of water.
2. Pipelines and other systems for the transportation of liquids other than
water, including oil, natural gas, synthetic liquid and gaseous fuels,
and any refined product produced therefrom.
3. Pipelines, slurry and emulsion systems, and conveyor belts for
transportation of solid materials.
4. Systems for the transmission and distribution of electric energy.
5. Systems for transmission or reception of radio, television, telephone,
telegraph, and other electronic signals, and other means of
communications.
6. Improved rights-of-way for snow machines, air cushion vehicles, and
all -terrain vehicles.
7. Roads, highways, railroads, tunnels, tramways, airports, landing
strips, docks, and other systems of general transportation.
This application must be filed simultaneously with each Federal
department or agency requiring authorization to establish and operate
your proposal.
In Alaska, the following agencies will help the applicant file an
application and identify the other agencies the applicant should contact
and possibly file with:
Department of Agriculture
Regional Forester, Forest Service (USFS)
Federal Office Building, P.O. Box 21628
Juneau, Alaska 99802-1628
Telephone: (907) 586-7847 (or a local Forest Service Office)
Department of the Interior
Bureau of Indian Affairs (BIA)
Juneau Area Office
9109 Mendenhall Mall Road, Suite 5, Federal Building Annex
Juneau, Alaska 99802
Telephone: (907) 586-7177
Bureau of Land Management (BLM)
222 West 7th Ave., Box 13
Anchorage, Alaska 99513-7599
Telephone: (907) 271-5477 (or a local BLM Office)
National Park Service (NPS)
Alaska Regional Office, 2525 Gambell St., Rm. 107
Anchorage, Alaska 99503-2892
Telephone: (907) 257-2585
U.S. Fish & Wildlife Service (FWS)
Office of the Regional Director
1011 East Tudor Road
Anchorage, Alaska 99503
Telephone: (907) 786-3440
Note -Filings with any Interior agency may be filed with any office noted
above or with the: Office of the Secretary of the Interior, Regional
Environmental Officer, Box 120, 1675 C Street, Anchorage, Alaska
99513.
(For supplemental, see page 4)
NOTE - The Department of Transportation has established the above
central filing point for agencies within that Department. Affected
agencies are: Federal Aviation Administration (FAA), Coast Guard
(USCG), Federal Highway Administration (FHWA), Federal Railroad
Administration (FRA).
OTHER THAN ALASKA NATIONAL INTEREST LANDS
Use of this form is not limited to National Interest Conservation Lands of
Alaska.
Individual departments/agencies may authorize the use of this form by
applicants for transportation and utility systems and facilities on other
Federal lands outside those areas described above.
For proposals located outside of Alaska, applications will be filed at the
local agency office or at a location specified by the responsible Federal
agency.
SPECIFIC INSTRUCTIONS
(Items not listed are self-explanatory)
Item
7 Attach preliminary site and facility construction plans. The
responsible agency will provide instructions whenever specific
plans are required.
8 Generally, the map must show the section(s), township(s), and
range(s) within which the project is to be located. Show the
proposed location of the project on the map as accurately as
possible. Some agencies require detailed survey maps. The
responsible agency will provide additional instructions.
9, 10, and 12 - The responsible agency will provide additional
instructions.
13 Providing information on alternate routes and modes in as much
detail as possible, discussing why certain routes or modes were
rejected and why it is necessary to cross Federal lands will assist
the agency(ies) in processing your application and reaching a
final decision. Include only reasonable alternate routes and
modes as related to current technology and economics.
14 The responsible agency will provide instructions.
15 Generally, a simple statement of the purpose of the proposal will
be sufficient. However, major proposals located in critical or
sensitive areas may require a full analysis with additional specific
information. The responsible agency will provide additional
instructions.
16 through 19 - Providing this information in as much detail as
possible will assist the Federal agency(ies) in processing the
application and reaching a decision. When completing these
items, you should use a sound judgment in furnishing relevant
information. For example, if the project is not near a stream or
other body of water, do not address this subject. The responsible
agency will provide additional instructions.
Application must be signed by the applicant or applicant's
authorized representative.
If additional space is needed to complete any item, please put the
information on a separate sheet of paper and identify it as
"Continuation of Item".
SF -299, page 3
SUPPLEMENTAL
NOTE: The responsible agency(ies) will provide additional instrucnons
I - PRIVATE CORPORATIONS
a. Articles of Incorporation
b. Corporation Bylaws
c. A certification from the State showing the corporation is in good standing and is entitled to operate within the State.
d. Copy of resolution authorizing filing
c. The name and address of each shareholder owning 3 percent or more of the shares, together with the number and percentage of any
class of voting shares of the entity which such shareholder is authorized to vote and the name and address of each affiliate of the entity
together with, in the case of an affiliate controlled by the entity, the number of shares and the percentage of any class of voting stock of
that affiliate owned, directly or indirectly, by that entity, and in the case of an affiliate which controls that entity, the number of shares
and the percentage of any class of voting stock of that entity owned, directly or indirectly, by the affiliate
f. If application is for an oil or gas pipeline, describe any related right-of-way or temporary use permit applications, and identify
previous applications.
g. If application is for an oil and gas pipeline, identify all Federal lands by agency impacted by proposal.
a. Copy of law forming corporation
b. Proof of organization
c. Copy of Bylaws
II - PUBLIC CORPORATIONS
CHECK APPROPRIATE
BLOCK
ATTACHED FILED'
❑ ❑
❑ 0
❑ ❑
❑
0
❑ ❑
❑ ❑
d. Copy of resolution authorizing filing
e. If application is for an oil or gas pipeline, provide information required by item "I -f' and "i -g" above.
IiI - PARTNERSHIP OR OTHER UNINCORPORATED ENTITY
a. Articles of association, if any
b. If one partner is authorized to sign, resolution authorizing action is
c. Name and address of each participant, partner, association, or other
❑ 1 ❑
❑
❑
0
0
0
❑
d. If application is for an oil or gas pipeline, provide information required by Item "I -f' and "i -g" above.
If the required information is already filed with the agency processing this application and is current, check block entitled "Filed."
information (e.g., number, date, code, name) If not on file or current, attach the requested information.
The Paperwork Reduction Act of 1995 requires us to inform you that:
The Federal agencies collect this information from applicants requesting right-of-
way, permit, license, lease, or certifications for the use of Federal lands.
Federal agencies use this information to evaluate your proposal.
No Federal agency may request or sponsor, and you are not required to respond to
a request for information which does not contain a currently valid OMB Control
Number.
BURDEN HOURS STATEMENT
The public burden for this form is estimated at 25 hours per response including
the time for reviewing instructions. gathenng and maintaining data, and
(Continued on page 5)
❑ ❑
Provide the file identification
completing and reviewing the form Direct comments regarding the burden
estimate or any other aspect of this form to. U.S. Department of the interior,
Bureau of Land Management (1004-0189), Bureau Information Collection
Clearance Officer (WO -630), 1849 C Street, N.W , Mail Stop 40ILS,
Washington, D.0 20240
A reproducible copy of this form may be obtained from the Bureau of Land
Management, Land and Realty Group, 1620 L Street. N.W., Rm I000LS,
Washington, D.C. 20036.
SF -299, page 4
NOTICE
NOTE: This applies to the Department of the InteriorBureau of Land Management (BLM).
The Privacy Act of 1974 provides that you be furnished with the following information in
connection with the information provided by this application for an authorization.
AUTHORITY: 16 U.S.C. 310 and 5 U.S.C. 301.
PRINCIPAL PURPOSE: The primary uses of the records are to facilitate the (1) processing
of claims or applications; (2) recordation of adjudicative actions; and (3) indexing of
documentation in case files supporting administrative actions.
ROUTINE USES: BLM and the Department of the Interior (DOI) may disclose your
information on this form: (1) to appropriate Federal agencies when concurrence or supporting
information is required prior to granting or acquiring a right or interest in lands or resources;
(2) to members or the public who have a need for the information that is maintained by BLM
for public record; (3) to the U.S. Department of Justice, court, or other adjudicative body when
DOI determines the information is necessary and relevant to litigation; (4) to appropriate
Federal, State, local, or foreign agencies responsible for investigating, prosecuting violation,
enforcing, or implementing this statute, regulation, or order; and (5) to a congressional office
when you request the assistance of the Member of Congress in writing.
EFFECT OF NOT PROVIDING THE INFORMATION: Disclosing this information is
necessary to receive or maintain a benefit. Not disclosing it may result in rejecting the application.
SF -299, page 5
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940 DMX - FIESTA TROPICAL
941 DMX - SALSA
942 DMX - LATIN CONTEMPORARY
943 DMX - TEIAt1O
944 DMX - REGIONAL MEXICAN