Minutes - 2007 - City Council - 02/20/2007 - Regular
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EAGLE CITY COUNCIL
Special Meeting Minutes
February 20, 2007
REGULAR COUNCIL AGENDA: 6:10 p.m.
I. CALL TO ORDER: Mayor calls the meeting to order at 6:00 p.m.
2. ROLL CALL: BASTIAN, GUERBER, NORDSTROM, BANDY. All present. A quorum is
present.
William Whelan, Mayor's Youth Council is present.
3. PLEDGE OF ALLEGIANCE:
4. PUBLIC COMMENT:
A. Public Comment on US 20/26 Chinden Corridor Studv
Mayor introduces the issue.
Bob Van Arnem, 3049 S. White post Way, my main concern is where I live. Discussion on the
impact on the neighborhood. Discussion on the potential express way and the study. General
discussion.
Ryan Moore, 6673 N. Fox Ranch, discussion on issues that were previously discussed, and the
current corridor study. I think this is awful drastic and I know that improvements need to be
made. General discussion.
Shaun Kirkman, 6452 N. Fox Run, I live close to Chinden so I have a big impact. They don't
even own the land. This is overwhelming.
General Council comments.
Council Member Bastian: Reports on the Legislature and the Garvey Bonds. There are no funds
available for next years budget. The Federal Government's funding for highway projects is flat.
Discussion on the increase on tax on gasoline and registration to fund ITD's financial needs.
Funding of roadways is a big issue and the taxpayers may have to step up and say that they will
pay additional taxes.
Further discussion.
John Johnston, 1200 Beverly Drive, last week I proposed a rezone on my land and you chose not
to do that. I would like to ask you to reconsider this tonight. I would like the opportunity to
bring more of the neighbors.
City Attorney Buxton: As you know the City does not have an ordinance that allows for
reconsideration. The City would have to follow Roberts Rules of Order, the maker of the motion
would have to agree to reconsider, and the second would have to agree. This is truly a
discretionary matter for the board.
General Council discussion.
Council Member Bandy: I was the maker of the motion and do not wish to reconsider.
Further Council discussion.
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5. CONSENT AGENDA:
· Consent Agenda items are considered to be routine and are acted on with one
motion. There will be no separate discussion on these items unless the Mayor, a
Councilmember, member of City Staff, or a citizen requests an item to be removed
from the Consent Agenda for discussion. Items removed from the Consent Agenda
will be placed on the Regular Agenda in a sequence determined by the City Council.
· Any item on the Consent Agenda which contains written Conditions of Approval
from the City of Eagle City Staff, Planning & Zoning Commission, or Design
Review Board shall be adopted as part of the City Council's Consent Agenda
approval motion unless specifically stated otherwise.
A. AATronics bid for expandinl! the sound svstem to Conference Rooms. (OM)
B. Appointment of Rich Felix to the Eal!le Planninl! and Zoninl! Commission: The
Mayor is requesting Council confirmation of Rich Felix to be appointed to fill a
vacated term on the Planning and Zoning Commission. Mr. Felix's term will expire
in November 2009. (NM)
Nordstrom moves to remove Item #5A from the Consent Agenda. Seconded by Guerber.
ALL AYES: MOTION CARRIES.................
Bastian moves to approve the Consent Agenda. Seconded by Nordstrom. ALL A YES:
MOTION CARRIES....................
5A. AATronics bid for expandinl! the sound svstem to Conference Rooms. (OM)
Nordstrom it would be nice to know what we are buying and how much of the cost is labor.
General Council discussion.
Nordstrom moves to remand this back to staff to get a break down of cost and labor.
Seconded by Bastian. Discussion. ALL AYES: MOTION CARRIES...................
6. UNFINISHED BUSINESS:
A. Landscape Maintenance Contract: This item was continuedfrom the February 13,2007
meeting.
Mayor introduces the issue.
City Clerk: It was my understanding that Tal and Jennifer are going to attend the meeting tonight
and they may think that the regular meeting starts at 7:30. Would Council like to move this to
later in the agenda?
Bastian moves to continue this item to the end of the Agenda. Seconded by Bandy.
Discussion. ALL AYES: MOTION CARRIES..................
Nordstrom moves to revise the agenda and act on Items 8B at this time and move the public
hearing to 7:30 p.m. Seconded by Bandy. ALL AYES: MOTION CARRIES...........
8B. City Hall Monument sil!n: (NM)
Mayor introduces the issue.
Bastian: The Library Board and the Director are on board for this sign and realize that the
existing sign will not be saved.
General discussion on the monument sign and the sole source for the oval with the eagle. The
cost is approximately $14,500 and would not need to go out for a formal bid. The City would
need to get three proposals.
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Nordstrom moves to ask staff to get three estimates for the cost of the sign and add a light
to the specifications. Seconded by Bastian. Discussion. Nordstrom amends the motion to
add: the height of the sign shall be considered in relation to the shrubbery. Seconded
concurs. ALL AYES: MOTION CARRIES...................
Reports:
Dave Milan, Public Works Director, the electrical inspector for the water feature will be here on
Thursday. The Boy Scouts are on board for assembling the picnic tables and will be completed
the first of April. The rough estimate to turn the park over will be the first of May. They want to
make sure the danger of frost is over with in order to complete the landscaping.
Reports on the water service to the Chase property. The State plumbing inspector has red tagged
the connection. We need a RPZ connection which will be installed by the first of the week.
The Park Bench committee has met and the goal is to get the benches in place by Eagle Fun
Days.
We have connected Sage Acres homeowners and discussed their water service needs. General
discussion.
William Whelan, Mayor's Youth Committee: Discusses the Healing field project. The last two
weeks of May we will have the healing fields in Merrill Park. The funds from the purchase of
the flags will go into a fund for veteran memorial that we will be building in Eagle. We have
been talking to some of the Boy Scout Troops for set up. Set up would be all day and we are
talking about having a breakfast. We are also thinking about having a parade for the soldiers
serving in Iraq and Afghanistan. General discussion.
We want to participate in an assessment on drug problems and youth. [met with Rob Fowler, a
detective at Eagle High School, who is working on a program informing students attending the
feeder schools in the area on the drug program and an orientation for incoming freshmen which
would be required. General discussion.
Nordstrom: No report.
Guerber: There is a meeting tomorrow on Eagle Fun Day. There will be a big car show and the
bike race. Eagle Fire Department and Star Fire Department Commissioners are going to meet
and see where they can cooperate. I want to thank ACHD for the repairs being done on Ranch
Drive. On Thursday we are meeting with Echo Creek Homeowner's Association to discuss the
Veledrome project.
Mayor calls a recess at 7:25 p.m.
Mayor reconvenes the meeting at 7:30 p.m.
7. PUBLIC HEARINGS:
A. A-15-06 & RZ-20-06 - Annexation and Rezone from RR to MU-DA for a Multi-Familv
Residential Condominium Housinl! Development - Orchards at Eal!le. LLC: Orchards at
Eagle, LLC, represented by Jason Densmer with The Land Group, Inc., is requesting approval of
an annexation and a rezone with a development agreement from RR (Rural Residential) to MU-
DA (Mixed Use with a Development Agreement) for The Orchards at Eagle, a 74-unit multi-
family residential condominium housing development. The 24.87-acre site is located 270-feet
south of West State Street, on the west side of South Linder Road at 4831 West Old Valley
Road. (WEV) This item was continued from the February 13, 2007.
Mayor introduces the issue.
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Zoning Administrator Vaughan: We have a report from ACHD that we received today and I will
distribute a copy to you and we will discuss this tonight.
Nordstrom rescues himself from the discussion as he was not here for the February 13, 2007
meeting.
Planner Williams: Displays overheads and discusses the February 20, 2007 ACHD letter.
General discussion.
Jason Densmer, The Land Group, discussed the February 20, 2007 ACHD letter. General
discussion.
Mayor opens the Public Hearing
Mayor closes the Public Hearing
General Council discussion.
Guerber moves to approve A-15-06 & RZ-20-06 - Annexation and Rezone from RR to MU-
DA for a Multi-Family Residential Condominium Housing Development _ Orchards at
Eagle, LLC. Seconded by Bandy. Discussion.
Bastian moves to amend the motion Page 22 of 26 Development Agreement 3.9: a revised
concept plan shall be provided showing and I would insert after the word showing and
between sidewalks the words "raised curbs and 5' wide sidewalks adjacent to one side and
then insert at that point "an 18" retaining curb on the other side of the drive aisle
providing access to the units etc." and then add an additional sentence "that 3" caliper
trees shall be planted at 4' from the back of the sidewalk or the retaining curb to be no less
than 35' apart and no greater than 85' in distance. Discussion. Maker of the motion
Guerber concurs.
Bandy: we had a discussion of adding 3.26 "that the plan comply with ACHD prior to
issuing building permits." Discussion. Maker of the motion Guerber concurs. ALL
AYES: MOTION CARRIES............................
6A. Landscape Maintenance Contract: This item was continuedfrom the February 13. 2007
meeting.
Mayor introduces the issue.
City Clerk: Jennifer and Tal Trautman are present to discuss this issue.
General discussion on the proposed annual increase of 4%.
Discussion on a three year contract with a yearly consideration on the cost increases.
Bastian remands the Landscape Maintenance Contract to staff to review the contract and
come back with recommendation for a three year contract. Seconded by Nordstrom.
Bastian: AYE; Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION
CARRIES................. ......
General discussion on the contract and the great work that Trautman's are doing.
8. NEW BUSINESS:
A. AA-OI-07 - Administrative Appeal for the Eal!le Rib Shack- Andrew Petrehn: Appeal
of Zoning Administrator's decision regarding the non-acceptance of an incomplete Design
Review Application and non-acceptance of applicant-created document titled "Application for
Temporary Use of Tent" - Eagle Rib Shack, LLC, represented by Andrew Petrehn. February 15,
2007 (WEV)
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Mayor introduces the issue.
City Attorney Buxton: This is an appeal from a decision of the Zoning Administrator to not
accept application for the tent structure. The appeal seems to want to discuss the merits of the
applications and the applications were not rejected based on the merits, the applications were
rejected based on some requirements that are in the Code. Tonight's appeal is whether or not the
Zoning Administrator properly refused to accept the applications. The appeal should not include
anything in regards to the merits.
Zoning Administrator Vaughan: Before you tonight is a staff analysis for your review.
Discusses the Eagle City Code Sections.
Dennis Charney, I am an attorney at law representing the applicant, discusses the appeal. I
disagree with Mr. Vaughan's interpretation of Eagle City Code. Discusses the code sections that
he disagrees with.
General discussion.
Bastian moves to deny the appeal of Eagle Rib Shack, Eagle Rib Shack, LLC, applicant.
Seconded by Bandy. Discussion. ALL A YES: MOTION CARRIES..................
Mayor calls a recess at 9: I 0 p.m.
Mayor reconvenes at 9:20 p.m.
9. REPORTS:
Mayor and Council's Report con't:
Bastian: Discusses the Library report. The check out report follows a seasonal pattern. In June
cardholder files are purged. 80% of the users are Eagle City patrons, we have 9% Ada County
patrons and 10% Boise patrons. Eagle patrons borrow 62% of the books. We do have excellent
service and an excellent collection. General discussion.
Discussion on Legislative Issues. Discussion annexation legislation.
Bandy: No report
Mayor: I had a meeting with Emergency Management and we will have a special Olympics
coming to the area. One thing that was talked about was an ice skating rink at Eagle Island State
Park. It would be nice to get the funding from the Legislature to get this going. General
discussion.
Urban Renewal Committee meets on Thursday.
We need to put together the Transportation Committee. General discussion.
Discussion on the Mayor and Council having a retreat. Does this Council have any interest ill
doing this? General discussion. Council concurs to look into a retreat some place here in town.
The Mayor's assistant will work on this.
Guerber: Discussion on the e-mail from Lloyd Mahaffey in regards to our web site. I think we
are to the place where we can hire a professional to do our web site. Council concurs to look into
this.
City Clerk/Treasurer Report: Discussion Eagle Fun Days. The Eagle Volunteer Fire Department
has applied for their permit. We believe that they will be asking to waive the fees as we had in
previous years. We are wondering how you want to handle the advertising. General discussion.
Council concurs to add on to the Vendor Permit that Council approves all advertising. As far as
waiving the fees we could waive our fees if they waive their fees for our 4th of July event.
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I have given you a flyer on the Art's Commission Bench project. What bench do you want to
sponsor? Council concurs to sponsor the "Girlfriends" bench.
Is the Council looking for Dana to give his monthly report at a Council meeting? Council
concurs to have Dana on the 3rd meeting of the month.
Zoning Administrator's Report: No report.
City Attorney Report: No report.
10. EXECUTIVE SESSION: The Executive Session was not held
A. Pending or threatened litigation I.e. S 67-2345(f)
I I. ADJOURNMENT:
Bastian moves to adjourn. Seconded by Bandy. ALL AYE: MOTION
CARRIES...
Hearing no further business, the Council meeting adjourned at 10:00
Respectfully submitted:
J.A~, ~~ ~,n-n~~
SHARoN K. BERGMANN
CITY CLERK/TREASURER
~QJL~
NANCY C. MERRILL
MAYOR
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A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT EAGLE
CITY HALL
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City of Eagle
Monthly Crime Brief January 2007
Ce- c:7,--"-2° -07
Administrative
Calls For Service
Officer -Initiated
Proactive
Total
incidents
Jan 07 Dec 06
204
277
658
24
1163
223
308
590
19
1140
Jan 06
210
306
833
28
1377
Change
YTD*
-2.9%
-9.5%
-21.0%
-14.3%
-15.5%
Top Calls
Jan 07
Burglary Alarm- 24
Accident Non -Injury- 20
Rccklcss Driver Chcck- 18
Drunk Driver- 14
Welfare Chcck- 13
Suspicious Vchicic- 11
Traffic Hazard- 8
Accident w/ Injuries- 7
Domestic Viol -Physical- 7
Thcft Rcpon- 7
Vandalism Rcpon- 7
For Service
Dec 06
Burglary Alarm- 32
Drunk Dnvcr- 22
Accident Non -Injury- 21
Rccklcss Driver Check- 20
Traffic Hazard- 14
Juvenile Problem- 11
Welfare Check- 8
Suspicious Vchicic- 8
Property Check- 8
Check Stalled Vchicic- 6
Check Illegal Hunting- 6
Vandalism Report- 6
Calls for Service Priorities & Average Response Times (ART)
Dec 06 Jan 06 ART % Change
# ART # ART YTD* 1.--
66 07:18 78 15:03 -18.8%
234 06:11 216 04:17 12.1%
8 03:38 12 02:49 -14.5%
308 06:2] 306 06:58 -2.0%
Call Jan07
Priority # ART
Low 1 79 12:13
1 2 188 04:48
High 3 10 02:24
Total 277 06:50
Property Crimes
R•pon•d Ptop•rty Crimes
• ae.4.nwi B+rfl•y (41
COMM/LOm Ih•cia., 01
Theft 161
V.ndafRnvamn 001
c
!•
.4R
•
•
1
•
Hy
Cases
Jan 07 Dec 06 Jan 06 % Change YTD*
124 148 144 -13.9%
Jan 07
DWP- 10
Vandalism- 9
Simple Assault- 8
DUI- 7
Burglary- 7
Theft- 5
Drug/Narc Violation- 3
Top Offenses
Dec 06
DWP- 14
Simple Assault- 10
Theft- 10
DUI- 6
Drug/Narc Violation- 6
Drug Equip Violation -4
Vandalism- 3
Burglary- 3
Jan 07 Dcc 06
13 13
Felonies
Jan 06
18
% Change
YTD*
-27.8%
YTD Clearance
Rate
0.0%
Vehicle Burglary
Residential Burglary
Commercial Burglary
Construction Burglary
Theft
Vandalism/Arson
Property Crimes
Jan 07
Dec 06 Jan 06
% Change YTD
YTD* Clearance Rate
0 2 4 -100.0% N/A
4 0 0 N/A 0.0%
0 0 1 -100.0% N/A
3 1 1 200.0% 0.0%
5 10 4 25.0% 0.0%
10 3 10 0.0% 14.3%
Jan 07
Moving Traffic Citations
Dec 06 Jan 06 % Change YTD*
90 64 114 -2L1%
Accidents
• of Accidents
• t
• 2.t
• 4 6
ny=
n ana.rra.e•
•
•
•.
Property Damage
Physical Injury
Total
Accidents
Jan 07
13
13
26
Dec 06 Jan 06
16
8
24
10
7
17
% Change
YTD•
30.0%
85.7%
52.9%
Top Accident Times & Locations
Top Days:
Jan 07 Dec 06
Monday- 7
Tuesday- 5
Monday- 6
Thursday- 5
Top Hours:
Jan 07
07:00-5
16:00-4
Dec 06
15:00-3
08:00-3
Top Streets:
Jan 07 Dec 06
Eagle Rd- 7
Highway 44-6
State St -4
Park Ln- 2
Highway 44- 11
Eagle Rd- 3
Chindcn Blvd- 2
Riverside Dr- 2
Note: Accidents arc mapped to the nearest intersection
• % Changc YTD comparcd to 2006
Prepared by ACSOIEagle CAU/th
Data obtained from CAD, New World. Legacy AS400, and WebCars databases
Data queried 2/15/07
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP SHEET
A-15-06 & RZ-20-06 - Annexation and Rezone from RR to MU -DA for a Multi -Family Residential Condominium
llousinz Development - Orchards at Eagle. LLC
February 20, 2007 6:00 p.m.
NAME
.46401
ADDRESS/
TELEPHONE
F �+
Page 1 of
H:\000NCILIAGENDA\CCSIGNUP. W PD
TESTIFY
YES/NO? PRO/CON
' low&
Artist Amber Gonger's Guardian bench (on right) (steel and stainless steel
bench) was inspired by the concept of a fortress or watch -tower from an-
other time and place... guarding against danger and offering sanctuary to
any in need. The shining stainless steel bench will contrast with the rough,
heavy texture of the steel towers protected by the strength."
Amber Gonger's Water's Journey (on left) (steel with bronze welds, stainless steel, and
copper) - The artist's inspiration is "clear spring water glistening in the sun forever mak-
ing its way through the rugged mountain peaks of Idaho. Stainless steel to represent the
water: shining and everlasting. The sun represented by a glowing sphere of copper: to
remain bright for many years and gradually fade into a moon as the copper develops a
natural patina over many years. The beautiful mountains of Idaho are depicted as jagged
steel peaks with accents of shimmering bronze: the steel will develop a rich rust patina
as it gradually embraces autumn and shows its hidden colors.
Girlfriends - Artist Paula Taylor's description
is -girlfriends sitting together on a (welded
steel structure) bench enjoying the sights and
sounds of Eagle and each others' company."
Each girlfriend will be cut out of 3/16 recy-
cled steel and will be cut in in three separate
parts -head and torso, lap, legs.
Artist Amanda Reisinger's bench is "a symbolic interpretation of the growth and prosperity
experienced by this city in the past few years. The back of my bench is a visual representa-
tion of growth that mirrors the evolution of Eagle. The human form on the left represents a
small child growing into an adult. Next the egg becomes a bird, the sampling becomes a
tree, and the house becomes a city. Finally the small heart represents what was once loved
by a small number of people is now loved by a massive population."
The artist, Irene Deely, de-
scribes the bench on the left
called "River Rock" as reflect-
ing "two significant natural
asset of the city of Eagle inte-
grated into a form the public
can interact with while reflect-
ing nature against a city-
scape..." Three stone forms
will be fabricated from
stainless steel with a translu-
cent resin seat.
G'.
Irene Deely's "Heir's
Chairs'' are a "tribute to
Eagle's recent historical
past by immortalizing a
system of hits hardwork-
ing farmers who fur-
rowed the rich soil of
Eagle's river valley.
Artist Peter DeVore's
bench is made out of a
black walnut slab from a
downed tree at the First
Baptist Church of Eagle.
Artist will maintain the
bench for the rest of its
life. A photo of the slab
is available at Eagle
City Hall.
Artist Darrin Fuchs bench is constructed of
steel with a beautiful eagle base coated in
an antique bronze color. The columns con-
sist of two with wave designs and one with
a wave and fish design.
Artist Rick Straun uses slate
for this style of bench (see
photo above) for the bench.
The bench will require no
maintenance. "Time only
enhances their natural beauty.
All designs are original. hand
cut , and shaped. No com-
puter design or cutting is
used. Eagle Arts
COMMISSION
These designs are
presented by the
February 20, 2007
To:
Subject:
;`..4111fti s
ACHD
City of Eagle
Mike Williams
310 E. State Street
Eagle, Idaho 83616
cG-�0 -07
John S. Franden, President
Rebecca W. Amold, Vice President
Sherry R. Huber, Commissioner
Dave Bivens, Commissioner
C< of A. j�lcKee,iLompissioner
RECEIVED & FILED
CITY OF EAGLE
FEB 2 0 2007
File.
RGittuia e-mail
Annexation & Zoning for Multi -family residential condominium project
EA-15-06/ERZ-20-06
s/w/c Old Valley Road & Linder Road
Ada County Highway District (ACHD) Planning Review staff received the Eagle City staff report and
conceptual site plan for the above referenced project on February 15, 2007. For an unknown
reason, ACHD did not receive the original application transmittal for this project, and therefore did
not generate a letter in response to this application. The purpose of this letter is to briefly respond
to the submitted application in order that the Eagle City Council might be able to take a final action
on the submitted request at this evening's City Council meeting. Typically, ACHD provides general
comments for annexation and zoning requests so that the City would be able to make an informed
decision. ACHD will provide site specific conditions of approval upon receipt of the design review
application.
The project is estimated to include 74 condominium units on approximately 23 -acres. The
development would generate an estimated 433 additional vehicle trips per day based on the
residential condominium/townhouse land use designation. The site is located on the southwest
corner of Old Valley Road and Linder Road. The site has approximately 640 -feet of frontage on Old
Valley Road, a local street. The site has approximately 1,730 -feet of frontage on Linder Road, a
minor arterial roadway. Old Valley Road intersects Linder Road, approximately 200 -feet south of
the signalized intersection of Linder Road and State Highway 44. The District will be preserving
right-of-way on Linder Road for a future five -lane roadway (48 -feet of right-of-way from section line).
The District will also require the construction of a 5 -foot detached concrete sidewalk on Linder Road
abutting the site.
The proposed conceptual plan identifies one access point to Old Valley Road and one access point
to Linder Road. The access points and all of the internal street system are proposed to be private.
Typically the District does not allow a private roadway to connect two public roadways creating a
de -facto public roadway system (i.e. connecting Old Valley Road and Linder Road via a private
street). In review of the site and the surrounding un -developed property to the west, there may be a
need to re -locate Old Valley Road south of its existing intersection with Linder Road, and continue
the roadway through the site as a stub street to the west. The District could possibly consider
exchanging the right-of-way for the existing Old Valley Road for a new public roadway through the
site. If Old Valley Road remains in its current location, it could possibly be restricted to a right -
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us
in/right-out only intersection with Linder Road. This type of facility would not be conducive to
serving the neighborhood connectivity needs for the un -developed property to the west of this site.
If you have any questions, please feel free to contact me at (208) 387-6171.
Sincerely,
Lori Den Hartog
Planning Review Supervisor
Right-of-way & Development Services
Ada County Highway District
CC: Project file, Utilities
The Land Group
462 E. Shoreline Drive, Suite 100
Eagle, Idaho 83616
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us