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Minutes - 2007 - City Council - 08/28/2007 - Regular 'v' EAGLE CITY COUNCIL Minutes August 28, 2007 PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m. ROLL CALL: BASTIAN, GUERBER, NORDSTROM, BANDY. All present. A quorum is present. I. Monthly Report by Eagle Police Department: Brian Hippie presents the monthly report and discusses the same. Discussion on traffic and the beginning of school. Discussion on the skateboard ordinance and the redesign of the skateboard park. Mayor: we are going to lose Dana he is going to become a Captain. Brian Hippie: I have taken my test and I am second on the list and I am in line to be your next Chief of Police and I will report to Dana in his new position. 2. Mayor and Council's Report: Nordstrom: We are working on the Eagle Water Company acquisition diligence. Discussion on the LID process and the September 11,2007 meeting. We will be engaged in the process for thirty days. The first official Transportation Task Force meeting is tomorrow. Guerber: No report. Bastian: Discussion on annexation and possible changes in State law. General discussion. Bandy: Reports on the Air Quality Board Meeting. Discussion on the State Transportation meeting. Mayor: We have a meeting with ACHD next week. I have given you an agenda and the proposed agenda is to long. Discussion on the agenda items for the meeting. Discussion on the Response to the ACHD ULI Report. We have M3 tonight and they were approved for their Development Agreement last night. I have provided you a copy of the letter in regards to our water rights and Mr. Moyle's letter. 3. City Engineer Report: Moved to the end of the Agenda 4. City Clerk/Treasurer Report: Moved to the end of the Agenda 5. Zoning Administrator's Report: Moved to the end of the Agenda 6. City Attorney Report: Moved to the end of the Agenda Mayor calls a recess at 7:25 p.m. REGULAR COUNCIL AGENDA: 7:30 p.m. ]. CALL TO ORDER: Mayor Merrill calls the meeting to order at 7:40 p.m. 2. ROLL CALL: BASTIAN, GUERBER, NORDSTROM, BANDY. All present. A quorum is present. Roll called at beginning of Pre-Council. Page 1 K.\COUNCIL\MINL'TES\Temporary i\finutes Work Area\(,C-8-28-07min.doc 3. PLEDGE OF ALLEGIANCE: Mike Williams, City Planner leads the Pledge of Allegiance. 4. PUBLIC COMMENT: Joann Butler, 251 Front Street, Boise, discussion on the M3 applications. I am here to voice a concem about the process. We want to make sure that the rule of law is adhered to. We have read the proposal that Keith Allred has put out in regards to a random survey of the public. This is going outside the public hearing process which is a rule of law that we ask that you adhered to. Hopefully everyone that Mr. Allred contacts will come before you so that we can all be involved in the public hearing process. General discussion. Planner Baird Spencer displays the information on the City web page in regards to the foothill plan and discusses the same. General discussion. 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. Claims Ae:ainst the City. B. Findine:s of Fact and Conclusions of Law for CU-8-07 - Conditional Use Convert a Two StOry Sine:le Familv Residential Dwelline: into an Attached Two- familv Dwelline: (Duplex) - Garv P. Anderson: Gary P. Anderson is requesting conditional use approval to convert a 2,772-square foot, two story single family residential dwelling into an attached two-family dwelling (duplex). The 0.15-acre site is located on the east side of South Harlan Place approximately 225-feet south of West State Street at 106 Harlan Place. (WEV) C. Findine:s of Fact and Conclusions of Law for RZ-19-05 MOD - Rezone and Development Ae:reement Modification - Lonesome Dove. LLC: Lonesome Dove, LLC, represented by Walter Lindgren, AlA, with Johnson Architects is requesting a modification to the rezone development agreement of Condition of Development #3.5 to strike the portion of the condition restricting maximum building size. The 4l.20-acre site is generally located on the southwest corner of Riverside Drive and State Street at 1505 Riverside Drive. (WEV) D. Findine:s of Fact and Conclusions of Law for PP-21-06 - Preliminarv Plat for Eae:le Gatewav South - Cornerstone Group. LLC: Cornerstone Group, LLC, represented by Walter Lindgren with Johnson Architects and Morton McMillen, P.E., with McMillen Engineering, LLC, is requesting approval of preliminary plat for Eagle Gateway South, a mixed use commercial and residential development. The 56.86-acre, 98-lot subdivision, I I 4-unit (7 I-single-family, 42-multi-family (contained within 5-lots), l6-commercial, and 6-common) is located on the southeast corner of State Highway 44 and E. Riverside Drive at 1650 E. Riverside Drive. (WEV) E. Alcohol License for Michael Eddy. Guerber moves to amend the Consent Agenda by pulling the Claims Against the City to be moved to the end of the Agenda to give Council the opportunity to review the claims and to Page 2 K:\COUNCIL\f\lINUTES\Temporary ~1inUles Work Area\CC -8-28-07mirldoc add as Item #E to the Consent Agenda Approval of an Alcohol License for Michael Eddy. Seconded by Bastian. ALL AYES: MOTION CARRIES................ Guerber moves to approve the Amended Consent Agenda. Seconded by Bastian. ALL AYES: MOTION CARRIES.............. 6. UNFINISHED BUSINESS: A. Reconsideration ofDR-35-07 - Two StOry Multi-tenant Office Buildine: _ Scott Snvder: Scott Snyder is requesting design review approval to construct a two (2) story, 5,750-square foot multi-tenant office building. The site is located on the south side of East State Street, approximately 225-feet west of Palmetto A venue at 675 East State Street (Lot I, Block I, Periwinkle Subdivision). (WEV) Mayor introduces the issue. Zoning Administrator Vaughan: provides Council an overview of the request for reconsideration. Scott Snyder, representing the applicant, displays the design boards that were used at the Design Review meeting and discusses the design of the building and the building materials. General discussion. Bastian moves to approve DR-35-07 - Two Story Multi-tenant Office Building _ Scott Snyder. Seconded by Guerber. ALL AYES: MOTION CARRIES..................... B. Reconsideration DR-37-07 - Two StOry Multi-tenant Office Buildine: _ Gem State Dreams. LLC: Gem State Dreams, LLC, represented by Bob Niblett, is requesting design review approval to construct a single-story, 6,250-square foot multi-tenant retail/office building. The site is located on the north side of East State Street approximately I I I-feet west of South Academy Avenue within Winding Creek East Subdivision at 120 I and 1225 East Winding Creek Drive (Lots 6 & 7, Block I, Winding Creek East Subdivision). (WEV) Mayor introduces the issue. Bob Niblett, representing the applicant, displays the design boards that were used at the Design Review meeting. I would like to provide you with some of my background. I have been serving on the Economic Development Committee, I am a licensed architect. Discusses the original design that was proposed which was a Mediterranean design. Discussion on why stone was not put on the building. We brought to the Design Review an alternate design showing stone on the towers and the Design Review Committee did not like the alternate design. Displays the alternate design. The Committee had a greater concern about not having tile on the roof than they were about stone on the building. We came back with a design with a tile roof and no stone on the design. General discussion. Bastian moves to approve DR-37-07 - Two Story Multi-tenant Office Building, Mr. Niblett principal architect. Seconded by Nordstrom. Discussion. Bastian amends the motion: "that we approve this building as proposed with the note that this is an exception to design criteria and because ofthe unique characteristics of the building we are making an exception in this case only not allowing a wholly stucco building within the city. Second concurs. ALL AYES: MOTION CARRIES.......... 7. FINAL PLATS: A. FP-08-07 - Final Plat for Castleburv West Business ParkNo.l - Capital Development. Inc:. Capital Development, Inc. is requesting final plat approval for Castlebury West Business Park No. I a seven (7) lot (3-commercial, 4-common) commercial subdivision. The 4.29-acre Page 3 K:\COUNClL\MINUTES\Temporary Minutes \\lork Area\Cf -8-28-07min doc site is generally located on the northwest corner of West Chinden Boulevard (SH 20/26) and North Meridian Road at 66 I 5 North Meridian Road. (WEV) Mayor introduces the issue. Zoning Administrator: We have one item that we would like request a slight change to. The City Attorney is making this request. City Attorney: Provides Council the recommended language for the easement in Site Specific Condition #23. Dave Yorgason, Capital Development, if we are to dedicate the easement to the City is the City the one to have benefit of the transit system? [don't believe that is how it works. It seems the transit entities would be the ones to benefit form this easement. General discussion. Bastian moves to approve FP-08-07 - Final Plat for Castlebury West Business ParkNo.l _ Capital Development, Inc with all of the Site Specific and Standard Conditions of Approval and that we change the note on the plat, #9, to read Dimensioned Easement as shown along W. Chinden Blvd., is designated as a sidewalk/transit easement dedicated to the City of Eagle, with the caveat that this language will be worked on by the City Attorney, the applicant and staff. Seconded by Bandy. Discussion. ALL A YES: MOTION CARRIES... B. FPUD-I-07/FP-OI-07 & FP-02-07 - Final Development Plan and Final Plat for Mosca Seca Subdivision (Lee:acv) No.1 & 2 - Idaho Development Services. LLC: Idaho Development Services, LLC, Represented by Stanley Consultants, is requesting final development plan and final plat approval for Mosca Seca Subdivision No. I, a I27-acre, l23-lot (92-buildable, 3 I -common) residential subdivision and Mosca Seca Subdivision No.2, a 51-acre, 162-lot (I 50-buildable, I I -commom, I -well lot) residential subdivision. The I 78-acre site is located south of Floating Feather Road west of Linder Road. Mayor introduces the issue. Planner Williams: Provides Council an overview of the approval and the plat is in substantial compliance. General discussion. Nordstrom moves to approve FPUD-I-07/FP-OI-07 & FP-02-07 - Final Development Plan and Final Plat for Mosca Seca Subdivision (Legacy) No.1 & 2 with all conditions as presented. Seconded by Bandy. Discussion. Todd Santiago, applicant, discussion on the word "try" and what it means. General discussion. Discussion on the connection of the water lines. ALL AYES: MOTION CARRIES...................... 8. PUBLIC HEARINGS: A. CP A-5-07 - Comprehensive Plan Map Amendment from Residential Estate to Residential One - Mark Beckman: Mark Beckman, represented by Chris Todd of Landmark Engineering and Planning, Inc., is requesting a Comprehensive Plan Map Amendment to establish a land use designation on the Comprehensive Plan Land Use Map from Residential Estate (one (I) unit per two (2) acres) to Residential One (one (]) unit per acre). The 27. 74-acre site is located on the northeast corner of Meridian Road and Floating Feather Road more specifically described in the meets and bounds description on file at the City of Eagle. The applicant is requesting this item be tabled to the September 11, 2007 meeting. Page 4 K\COLNCIL\MINUTES\Temporary Minutes Work Area\CC'-8-28-07min.doc B. A-10-07&Rz-12-07 Annexation And Rezone from RUT to R-E-DA - Tim Johnson: Tim Johnson represented by Clint Hansen, PLS, with Land Solutions, PC, is requesting approval of an annexation and rezone from RUT (Rural Urban Transition-Ada County Designation) to R-E-DA (ResidentiaJ-Estates-one unit per two acres with a development agreement). The 3.98-acre site is generally located on the south side of Beacon Light Road approximately eight hundred feet (800') east of Ballantyne Lane at 1651 West Beacon Light Road. (WEV) Staffis requesting this item be continued to the September 11, 2007 meeting Mayor introduces the issue. Item #A and #B have been requested to be continued. Guerber moves to continue Item #8A and #8B to the September 11, 2007 City Council meeting. Seconded by Bandy. ALL AYES: MOTION CARRIES................ C. A-11-07/RZ-11-06 & PP/FP-01-07 - Annexation and Rezone from RUT to A-R-DA and Combined Preliminarv Plat and Final Plat for Vie:ne d' Al!uila Subdivision _ Ae:uila LLC: Aguila LLC, represented by Doug Russell with The Land Group, Inc., is requesting annexation and rezone with development agreement from RUT (Rural Urban Transition) to A-R-DA (Agricultural-Residential- up to one (I) unit per five (5) acres with a development agreement) and combined preliminary plat and final plat approval for Vigne d' Aquila Subdivision, a five (5)-lot residential subdivision. The 26.22 - acre site is generally located on the northeast corner ofN. Ballantyne Road and W. Beacon Light Road at 1964 W. Beacon Light Road. (WEV) Mayor introduces the issue. Lloyd Mahaffey, provides Council an overview of the project and presents a power point presentation. Doug Russell, The Land Group, continues the presentation and discusses the proposed development. General discussion. Planner Williams: Provides Council an overview of the application, the ACHD draft report, the staff recommended conditions. General discussion. Mayor opens the Public Hearing Mayor swears in Jack VanWyk Jack VanWyk, 2184 Valley High Road, this subdivision is a wonderful subdivision. My opposition is the annexation and rezone. Over the course of the last ten years there has been several annexations and now we have a hodgepodge around the area. We need to do some planning before we start annexing north of Beacon Light Road. General discussion. Lloyd Mahaffey, discusses how harvest is done. There will zero equipment along Ballantyne. There are 7 vineyards being planned north of Ballantyne. Discusses the irrigation. We are in the area of impact. General discussion. Mayor closes the Public Hearing General discussion. Bastian moves to approve A-11-07/RZ-11-06 & PP/FP-01-07 - Annexation and Rezone from RUT to A-R-DA and Combined Preliminary Plat and Final Plat for Vigne d' Aguila Subdivision annexation and rezone with development agreement with the following Site Specific Conditions: Amend #7 and strike in the last sentence "to the City Clerk signing the final plat" and substitute "prior to the issuance of any building permits; #11. The third line should read "prior to issuance of any building the applicant shall install as etc.."; #15. Strike the last sections beginning with "City Clerk" and substitute "report Page 5 K:\COUNCIL\J\11;\.11JTES\Temporary Minutes Work Area\CC -8-21!-07min.doc prior to the issuance of any building permits" and add Site Specific #18. "the Vigne d' Aguila Subdivision shall provide a pressurized irrigation system that shall remain under the control of the Homeowners Associations"; #19. The City Council recommends that ACHD allow the one mile segment of Ballantyne Lane north of Beacon Light Road to be constructed 34 feet of pavement 17' from center line with a 4' gravel shoulder." My motion includes all of the Standard and Site Specific Conditions of Approval. Seconded by Bandy. Discussion. Bandy makes an alternate motion: we include all of the above modifications and substitute #19 with the language that Planner Williams has in regards to bonding on that piece of the road. Seconded by Bastian. ALL AYES: MOTION CARRIES.................... .. Mayor calls a recess at ] 0:25 p.m. Mayor reconvenes at 10:35 p.m. D. CPA-2-07 - Comprehensive Plan Map Amendment from Residential Three to Mixed Use Stahl Properties. LLC: Stahl Properties, LLC, represented by Hans Linton of Red Rock Development group, LLC, is requesting a Comprehensive Plan Map Amendment to designate a land use designation on the Comprehensive Plan Land Use Map from Residential Three (three (3) units per acre) to Mixed Use. The] 0.24-acre site is located on the northwest corner of East Hill Road and North Echohawk Way more specifically described in the meets and bounds description on file at the City of Eagle. Mayor introduces the issue. Brent Coles, representing the applicant, displays overheads and provides Council an overview of the application. This is a request for a mixed use with a development agreement. Discussion on the gateway of Highway 55. Planner Baird Spencer, displays overheads and provides Council an overview of the proposed application. Discussion on how to beautify the corner as an entryway to the City. Staff is recommending approval. This is just a comprehensive plan map amendment. Discussion on the features. General discussion. Mayor opens the Public Hearing Mayor swears in Dan Whelan Dan Whelan, 2512 E. Sadie, I am Vice-President of the Homeowner's Association of Arbor Ridge. Discussion on the comp plan. I'm seeing a lot of things that I don't. I am concerned about small business in this area. We have areas like this downtown. Traffic is going to be a problem. There are a lot of kids in the area because of the Park. General discussion. Mayor swears in Darrell Lake Darrell Lake, 2544 E. Sadie, I just moved here two months ago. I targeted Eagle as a place to retire. Discussion on the zoning of the area. I would like to see nice residential homes built here. Mayor swears in Steve Deckers Steve Deckers, 2249 Dickey Circle, distributes copies of a letter to the Council and discusses this comments in the letter. We are concerned about high density. Discussion on the traffic on Hill Road and Highway 55 and businesses in this area. I urge you to stick with the comp plan as it is. Brent Coles, we did meet with the property owners at a neighborhood meeting and discussed Page 6 K\COUKCIL\f\.llNUTESITemporary Minutes Work Area\C'C-8-28-07min doc the project. This would be within a 30 minute walk to downtown Eagle as soon as we build the sidewalks. We want to connect this property to Guerber Park. General discussion. Mayor closes the Public Hearing General Council discussion. Bastian moves to table CP A-2-07 - Comprehensive Plan Map Amendment from Residential Three to Mixed Use Stahl Properties until November 13, 2007 when we will have the rezone and a preliminary plat with a development agreement. Seconded by Nordstrom. Discussion. ALL AYES: MOTION CARRIES............... E. CP A-3-07 - Comprehensive Plan Map Amendment from Residential Three to Mixed Use - DEB Properties, LLP: DEB Properties, LLP, represented by Shawn L. Nickel ofSLN Planning, Inc., is requesting a Comprehensive Plan Map Amendment to establish a land use designation on the Comprehensive Plan Land Use Map from Residential Three (three (3) units per acre) to Mixed Use. The one (I )-acre site is located approximately eight hundred feet (800') west of Highway 55 more specifically described in the meets and bounds description on file with City of Eagle. Mayor introduces the issue. Shawn Nickel, representing the applicant, this is across the street from the application you just heard. Displays overheads and provides Council an overview of the application. Planner Baird Spencer, provides Council an overview of the application. Mayor opens the Public Hearing Mayor swears in Steve Decker Steve Decker, 2249 Dickey Circle, I think limited offices is appropriate for this area. Mayor closes the Public Hearing Nordstrom moves to approve CPA-3-07 - Comprehensive Plan Map Amendment from Residential Three to Mixed Use with all staff recommendations as provided. Seconded by Bandy. Discnssion. ALL AYES: MOTION CARRIES............... F. CPA-4-07 - Comprehensive Plan Map Amendment from Residential Two to Mixed Use - Elov Chaparro. Jr: Eloy Chaparro Jr., represented by Shawn L. Nickel of SLN Planning, Inc., is requesting a Comprehensive Plan Map Amendment to establish a land use designation on the Comprehensive Plan Land Use Map from Residential Two (two (2) units per acre) to Mixed Use. The 1.97-acre parcel is located approximately y. mile north of Chinden Blvd. Specifically described in the meets and bounds description on file with City of Eagle. Mayor introduces the issue. Shawn Nickel, representing the applicant, displays overheads and provides Council an overview of the application. We are asking for a comp plan amendment. The original applicant has sold the property and the new owners want to put a bank on the property. This would be a regional bank office with a drive through. General discussion. Planner Baird Spencer, displays overheads and provides Council an overview of the application. This property is outside the City limits. We have discussed with Lakemore a cross access. Services are available to this property. Staff is recommending a professional office designation. Mayor opens the Public Hearing Page 7 K',rOUNCIL\MINUTES\Temporary Minutes Work Area\Cr -8-28-07min doc General discussion. Mayor closes the Public Hearing General discussion Bastian moves to approve CP A-4-07 - Comprehensive Plan Map Amendment from Residential Two to Mixed Use - Eloy Chaparro with a recommendation that it be limited to professional office. Seconded by Bandy. Discussion. ALL A YES: MOTION CARRIES... 9. NEW BUSINESS: A. Ordinance No. 545 (Eae:le Creek East): An Ordinance Annexing Certain Real Property Situated In The Unincorporated Area Of Ada County, Idaho, And Contiguous To The Corporate Limits Of The City Of Eagle, To The City Of Eagle, Idaho; Establishing The Zoning Classification Of Said Real Property Described Herein; Amending The Zoning Map Of The City Of Eagle To Reflect Said Changes; Directing That Copies Of This Ordinance Be Filed As Provided By Law; And Providing An Effective Date. (WEV) Mayor introduces the issue. 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 #545 be considered after being read once by title only. Guerber reads Ordinance #545 by title only. Seconded by Bandy. ALL A YES: MOTION CARRIES.............. ... Guerber moves that Ordinance #545 be adopted. Seconded by Bandy. Bastian: AYE; Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION CARRIES......... B. 200700103-S - Ada County (Ada County Application) - Preliminarv Plat for Linderview Subdivision - The Bluffs at Eae:le No.1. LLC: The Bluffs at Eagle No. I, LLC, represented by Penelope Riley with Treasure Valley Engineers, is requesting preliminary plat approval for Linderview Subdivision, an 11.4-acre, two (2) lot subdivision located on the west side of Linder Road, approximately 2,768-feet north of Chin den Boulevard at 7385 North Linder Road. This site is located in the Eagle Area ofImpact. Mayor introduces the issue. Guerber moves to approve 200700103-S - Ada County (Ada County Application) _ Preliminary Plat for Linderview Subdivision - The Bluffs at Eagle No.1, LLC as presented in the transmittal from Ada County. Seconded by Nordstrom. ALL AYES: MOTION <:ARRI][1S.............. C. Broadcastine: Council Meetine:s on Cable Channel: (NM) Mayor introduces the issue. Bastian moves to table any action on this item until next fiscal year. Seconded by Bandy. THREE AYES: ONE NAY: MOTION CARRIES................ D. Pavment application and chane:e order for the East Hills Reservoir proiect. (VB) Mayor introduces the issue. Vern Brewer, provides Council an overview of the payment application. Page 8 K\COLil\ieILIMINUTES\Temporary Minutes Work Area\[C-8-28-07min,doc Nordstrom moves to approve the progress payment to Concrete Placing Co. in the amount of $209,950.00. Seconded Bastian. Bastian: AYE; Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALL A YES: MOTION CARRIES............. Vern Brewer, provides Council an overview of the change order for the East Hills Reservoir project. General discussion. Bandy moves to approve Change Order No.2. by an amount of $17,500.00. Seconded by Bastian. Bastian: AYE; Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALL A YES: MOTION CARRIES........... 5A. Claims Ae:ainst the City. Mayor introduces the issue. Guerber moves to approve the Claims Against the City. Seconded by Bandy. Bastian: AYE; Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION CARRIES............... Guerber moves to go into Executive Session for the discussion of M3's threat of litigation and due process violations from the Allred brief, I.C. 67-2345(t). Seconded by Bastian. Bastian: AYE; Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION <:ARRIlCSI............... Council goes into Executive Session at 12:00 a.m. Council discusses pending and threatened litigation. Council leaves Executive Session at 12:50 a.m. Pre-Council Reports: City Engineer Report: No report City Clerk/Treasurer Report: No report Zoning Administrator's Report: No report City Attorney Report: No report 10. ADJOURNMENT: Bastian moves to adjourn. Seconded by Nordstrom. ALL AYE: MOTION CARRIES.. . APPROVED: ~~~~A~ Hearing no further business, the Council meeting adjourned at 12:50 a.m. ............ Respectfully submitted: ......~ BAG{ ....... 11 " ... ., 0..........1:' .'. ' -.,.".. ~l.-<J- - ~OT'~ l$r.~~OtlAr~.\.."\ SHAR6N K. BERGMANN : ,9 .' _: : ""', ,.... CITY CLERK/TREASURER i.. \ c;G ~\..~!!2 i . .~ ,~ ~<J....""... 1.: .,~ ~V.': ~ ~OIPO""..'......~" *'", .$t,. ......."Y'v ,.... "'" -4 TE 0 ,...' "','.....1"" Page 9 K.\COU;\JCIL\MINUTES\Temporary Minutes \Vork Area\CC -8-28-07min.doc MAYOR A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT EAGLE CITY HALL Page 10 K.ICOUNCIL\l\1fNUTES\Temporary Minutes \Vork AreaICC-8-28-07min.doc To: CC: From: Date: Re: Eagle City Hall 660 E. Civic Ln./P.O. Box 1520 Eagle, Idaho 83616 (208) 939-6813 (ext.201) fax (208) 939-6827 Mayor & City Council City Clerk Tracy E. Osborn, CMC August 28, 2007 ADD to Consent Agenda A memo from the Deputy City Clerk Please add the Approval of an Alcohol License for Michel Eddy. Mr. Eddy dba: Zen Bento's is requesting a liquor, bee State St. Eagle, ID 83616. The approval of Mr. Eddy to the City of the license currently on premises held b premises of the Rhino LLC. license. and wine license to be used at 342 E. s license is contingent upon surrender Rhino LLC. or the transfer to another Mr. Eddy has submitted the appropriate fees and documentation with this application. service with A smile! CITY OF EAGLE 7 Application for Beer, Wine, and/or Liquor license P.O. Box 1520/ 310 E. State St. , ,R,O aW k3 Eagle, ID 83616 Please provide the City of Eagle with the following documents/items: 1. Copy of current year State of Idaho beer, wine and/or liquor license. 2. Copy of current year Ada County beer, wine and/or liquor license. 3. Copy of your premise diagram/floor plan approved by the State of Idaho showing areas in which alcohol will be served. 4. Copy of any lease agreement if premises to be used are not owned by the applicant(s), partners or members. 5. Articles of incorporation and bylaws. 6. Appropriate fees. Check type of license(s) being applied for: BEER WINE LIQUOR ON Premises OFF Premises ON/OFF Premises x x x Name of applicant(s): Include partnership or association members, board members or stockholders: michael J. Eddy Address of applicant(s), partners or association members and contact phone number(s): 15-3' S 3n (Ajt-el - 342 E. State Street Eagle, ID 8361670e- 12`/ 035 Cm: k€ i79 .-) i $& W • /�f-a G, 6'u✓d€� l: ` > d�,t rs - I �F 342 E. State Street Eagle, Idaho O.0.iq o v / 1 Physical address of licen a location: Detailed description of premises for which the license is to be issued: Age of Applicant: 5 Citizenship: U . S . Applicant(s), partners or associations members length of residence in the State of Idaho: List any convictions of any laws of the State of Idaho, United States, or licensing city within three (3) years immediately preceding the date of filing the application, regulating governing or prohibiting the sale of alcoholic beverages. Within said time has the applicant(s) partners or members suffered the forfeiture of a bond for failure to appear in answer to charges of any such violation? N/A List any convictions of any felony, or withheld judgment granted following adjudication of guilty of a felony, or fines paid or sentence completed thereof, within five (5) years from the date of this application: N/A List any NoAviction of any crime or misdemeanor opposed to decency or morality: Page 1 of 2 K:\Clerks\FormslapplicationslAlcohol permit appl.doc vold 61/6-0/0. On, 90 Q 4/6-6v rq z/v., .9<a%e- CITY OF EAGLE Application for Beer, Wine, and/or Liquor license P.O. Box 1520/ 310 E. State St. Eagle, ID 83616 Zoning of premises for which license is to be used: State of Idaho) ss: County of Ada) Michael J. Eddy CBD Zoning district being first duly sworn, deposes and says that HE. SHE. THEY is/are the owner(s) of the business making the above and foregoing application, and makes the statements therein contained for the purpose of securing a license to sell BEER - WINE - AND/OR ALCOHOL within the corporate limits of the City of Eagle, and that HE, SHE, THEY have read the above foregoing application, knows the contents and the facts therein stated are true, and HE, SHE. THEY have read and is familiar with the ordinances of the City of Eagle related to the sale of beer, wine, and/or alcohol within the City of Eagle. Sign ature of applicant SUBSCRIBED AND SWORN BEFORE ME this &a NOTARY PUBLIC in and for the State of Idaho Notary Signatur Residing: Ge ,a Expiration date: 5k qz,‘ a ANNUAL LICENSE FEES: BEER: To be consumed OFF the premises only: $50.00 BEER: To be consumed ON the premises only: $200.00 BEER: To be consumed ON/OFF the premises: $250.00 WINE: To be consumed OFF the premises only: $125.00 WINE: To be consumed ON the premises only: $200.00 WINE: To be consumed ON/OFF the premises: $325.00 LIQUOR: To be consumed ON the premises only: $562.50 TO BE COMPLETED BY CITY OFFICIAL: Date received: Fees Collected: Page 2 of 2 K:IClerkslFormslapplicationslAlcohol permit appl.doc ,20 61 . (This license must be conspicuously displayed.) May 1, 2007 — April 30, 2008 ADA COUNTY LICENSE STATE OF IDAHO May 1, 2007 — April 30, 2008 2008 NO.12980 Year THIS IS TO CERTIFY THAT MICHAEL J EDDY ZEN BENTO ! • . rpt t.� is granted a / to conduct a / or for a ALCOHOLIC BEVERAGE License (Type) at 342 E State Street in Eagle 83616 (Street Address) (City or Town) ,State of Idaho and has complied with the laws of the State of Idaho and/or regulations and ordinances of Ada County. BEER Bottled\Canned 75.00 fr LIQUOR BY THE DRINK 187.50 TOTAL . David Navt+rro, Clerk/Auditor/Recorder Signature of Licensee,Dr'Officer of Corporation 262.50 V Approved by the Board of County Commissioners this 14 day of August 2007 Chairman j Premise Number: 1A-6408 Incorporated City This is to cert, that doing business as: t - Idaho State Police Retail Alcohol Beverage License Michael J Eddy Zen Bento Cycle Tracking Number: 30908.0 License Year: 2008 License Number: 6408.0 is licensed to sell alcoholic beverages as stated 342 E. State Street, Eagle, Ada County Acceptance of a license by a retailer shall constitute knowledge of and agreement to operate by and in accordance to the Alcohol Beverage Code, Title 23. Only the licensee herein spec' ied shall use this license. Restaurant On -premise consumption Beer Kegs to go Wine by the bottle Wine by the glass Liquor Yes Yes Yes No Yes Yes Yes $0.00 $0.00 $50.00 $0.00 $0.00 $750.00 TOTAL FEE: $800.00 Director of Idaho State Police Signature of Licensee, Corporate Officer, LLC Member or Parpef MICHAEL J EDDY ZEN BENTO PO BOX 190 STAR, ID 83669 Mailing Address License Valid: 05/10/2007 - 04/30/2008 Expires: 04/30/2008 INTER OFFICE To: From: Subject: Date: Attachment(s): Copy To: C City of Eagle Zoning Administration Mayor Merrill and City Council Members Ted Vanegas, Planner I FP -08-07 — Final Plat for Castlebury West Business Park No. 1 — Capital Development, Inc. August 28, 2007 7 -7/1. N/A Capital Development, Inc., Attn: Dave Yorgason, 6200 North Meeker Place, Boise, ID 83713 Site specific condition #23 within the preliminary plat findings of fact and conclusions of law for this item states: 23. Lot 4, Block 1 shall be prepared for drainage and limited in landscaping to sod, irrigation, shrubbery and decorative rock (at the developers discretion), and a fifteen foot (15') sidewalk/transit stop license strip shall be designated within Lot 4, Block 1 (as a note placed on the final plat). The specific language (placed as a note on the plat) shall be reviewed by the City Attorney and the applicant prior to City approval of the final plat. The City Attorney has reviewed the plat note regarding the above referenced item (plat note number nine (9) on the final plat date stamped by the City on July 13, 2007), and has recommended the following changes with underline text to be added by the City attorney and text shown with strike through to be deleted by the City attorney:01-11iikeS7r,,cat, 4.4390a49 Dimensioned Easement as shown along W. Chinden Blvd., is designated as a sidewalk/transit easement dedicated to the City of Eaele stop 1icen e strip Page 1 of 1 K:1Planning Dept\Eagle Applications\SUBS120071Castlebury West Business Park fp mel.doc 2007 -Aug -28 11:23 Hewlett-Packard Boise 208 396-7087 Steve Deckers 2249 Dickey Circle Eagle, ID 83616 August 27, 2007 To: Mayor Merrill and Eagle City Council Cc: Bill Vaughan, Planning and Zoning Administrator RE: CPA -2-07 - Comprehensive Plan Map Amendment from R3 to MU (scheduled for hearing at the August 28 City Council meeting) (,c 8 - 28aa 272 RECEIVED & FILED CITY OF EAGLE ( AUL 2 2007_ File. `i!, — 2 l Route tn. Please do not approve the proposed Comp Plan change from R3 to MU on this 10+ acre site for the following reasons: • R3 is what has been on the Comprehensive Plan and Zoning Maps for a long time. An R3 development of this property is what has been long anticipated by residents in this area_ ■ Higher density housing is already targeted for areas within walking distance of downtown (such as Winding Creek) and the River District (near the old Lonesome Dove Ranch). ▪ A pocket of high density housing that is not within walking distance of commercial amenities is out of character with Eagle's long accepted planning for progressively decreasing density away from the downtown core. • As part of a Comprehensive Plan change, the applicant should show the need for the change and why the current designation is inadequate. Certainly more money could be made on a higher intensity use, but that is not appropriate justification. Single fancily residential has been very successful in this area and continuation of such development should be encouraged. In a previous application brought to the City for this same site, PP -02-07 proposed a traditional R3 development. Please insist that this property be developed at R3 per PP -02-07, and deny the higher intensity use of CPA -2-07. Sincerely, Steve Deckers I Cc_ I'2S 7 MEMORANDUM TO: Mayor and City Council FROM: Theresa Verschuren, Administrative Assistant for the Mayor RE: Cable Costs from TVCTV DATE: August 28, 2007 Terry Christenot, TVCTV, Executive Director, has provided the City of Eagle the attached information regarding broadcasting Eagle City Council meetings on Cable Channel 98. You will find two price quotes attached. Option 1: TVCTV provides the cameras and crew, and Option 2: Eagle provides the cameras and TVCTV provides the crew. When would the meeting be aired? The City of Boise already has the air time on Tuesday nights for their Council meetings, so TVCTV would not be able to do a live broadcast for the City of Eagle. They would air Eagle City Council meetings on Wednesday nights and replay it on Thursday mornings. Below is some additional information that she wanted to mention to you: • They charge the City of Boise an additional $150 per taping for going live. • It costs the City of Boise $80.00 per hour to tape, compared to $65.00 for the City of Eagle. • The City of Boise purchased their own camera equipment, and Terry suggests the City of Eagle to do the same. It is much easier to have the camera equipment in house. • The City of Boise had to bring in fiber optic cable; Terry wasn't aware what it cost them. • There is capital money available out of the franchise agreement (PEG fund). It is money given to the cities from Cable One. The City of Boise draws from the PEG fund for capital purchases -Cable one pays Boise $1.20 per year billing unit which amounts to about $40K every year from Cable One. Boise uses $35K on maintenance and mortgage costs and $5K is dedicated to equipment - an additional $30K is paid for air time and crew. • The City of Eagle could start our own public access station - a financial commitment of $250-500K • TVCTV, may in the near future, provide video streaming as well. Recommendations for the City of Eagle: 1. Check if your building currently has fiber optics; if not, how much would it cost? 2. Check with the City Clerk regarding PEG fees and the start up $1.20 per person through Cable One. T GET CONNECTED 6225 W. Overland Rd. Boise, ID 83709 Ph. 208.343.1100 Fax 208.323.8447 www.tvctvonline.org info@tvctvonline.org Proposal City of Eagle Council Meeting Coverage on GET 98 Coverage could begin October 2007 Option 1: TVCTV provides cameras and crew Operating - Fee for Service Eagle City Council meets 2nd, 3rd and 4th Tuesday of the month assumed average length of meetings = 3 hours Calculation for 12 month times 3 meetings times 3 hours per year per month Program Carriage Fee average of 108 hours per year for $65 per hour $7,020 $585 includes 1 free rerun Production Remote 2 camera shoot , 3hours for 36 meetings Total for taped broadcasting Introductional offer for first 3 month = 50% off. $8,100 $675 $15,120 $1,260 T GET CONNECTED E 6225 W. Overland Rd. Boise, ID 83709 Ph. 208.343.1100 Fax 208.323.8447 www.tvctvonline.org info@tvctvonline.org Proposal City of Eagle Council Meeting Coverage on GET 98 Coverage could begin October 2007 Option 2: Eagle provides cameras, TVCTV provides crew Operatina - Fee for Service Eagle City Council meets 2nd, 3rd and 4th Tuesday of the month assumed average length of meetings = 3 hours Calculation for 12 month times 3 meetings times 3 hours per year per month Program Carriage Fee average of 108 hours per year for $65 per hour $7,020 $585 includes 1 free rerun Production Remote 2 camera shoot , 3hours for 36 meetings $4,050 $338 (50% discount ) Total for taped broadcasting $11,070 $923 Introductional offer for first 3 month = 50% off. Capital - Start-up costs for Eagle isuaaestions) Switcher $7,000 2 cameras $4,000 Audio $400 S -deck (two) $600 Monitor $400 Tripod, cords $600 Installation $3,000 $16,000 Boise Summary of Franchise Agreements between Cableone and Cities in Idaho City effective date periodic expiration date PEG PEG amounts review date reference? a)capital equipment b)ongoing PEG Capital Costs 10/6/1998 10/6/2003 10/6/2013 yes a) $250,000.00 b) $1.20 per year per billing unit Garden City 8/3/1999 Caldwell 7/1/1999 action need to be taken on periodic review date let cableone know that fee should be increased and a percentage earmarked for operating 8/3/2004 8/3/2014 yes a) $16,000.00 ninty day notice to start collecting b) $1.20 per year per billing unit PEG fee 711/2004 6/30/2014 yes a) $30,000.00 ninty day notice to start collecting b) $1.20 per year per billing unit PEG fee Nampa 8/17/1992 10/1/2006 9/30/2018 no Meridian 7/10/1996 every five 7/10/2011 no years (next 2006) Eagle 1991 every five years (next 2006) no anke Page 1 2/112006 MEMORANDUM TO: Mayor and City Council FROM: Theresa Verschuren, Administrative Assistant for the Mayor RE: Channel Bid from Cable One DATE: August 28, 2007 We received the attached channel bid from Cable One which details the costs associated with the interconnection, transport and insertion of channel access for use by the City of Eagle. I spoke to Michelle Cameron, General Manger, directly to better explain this information so that I could communicate it to you more clearly. The quote from Cable One only provides the connectivity for the City of Eagle to launch our own cable channel. $72,400 is a one-time charge to set up the connections. The connection would be made from City Hall to the headend in Boise, which is the brain of the service, where all the signals come down from the satellites. The City of Eagle would then assume responsibility of programming and maintenance of the cable channel and the cost involved. TVCTV has the resources to run and maintain an Eagle cable channel if the City of Eagle would want to contract with them. It would allow the City of Eagle to broadcast live Council meetings on Channel 11. The current programming on Channel 11 would be stripped out, only to the residents of Eagle, and they would then only see what the City of Eagle choose to broadcast everyday. Michelle Cameron, would like to understand what Eagle's needs are, so she could better plan for them. She said that maybe the best way is not through an Eagle cable channel. The City may want to consider video streaming on the city's website. She said that at least 50% of all Eagle residents have access to high speed services through Cable One, which would allow them to view video streaming. It is Cable One's recommendation that the City of Eagle partner with TVCTV for carriage in lieu of a fulltime channel. As a side note — new stationary cameras are available which do not require a crew to run them. CABLE afvEr The ONE you count on City of Eagle Mayor Merrill 660 E Civic Lane Eagle, ID 83616 2 I 0 I EAST KARCHER RD. NAMPA, ID 83587 PH:208.455 • 5579 FAx:208 • 455 • 5555 August 27, 2007 Dear Mayor Merrill, attached is the detail of the costs associated with the interconnection, transport and insertion of channel access for use by the City of Eagle on Cable ONE's cable system. As you may be aware we serve over 25 municipalities from a centralized headend which creates an additional element of consideration in evaluating the appropriate method of channel insertion to our lineup. In reviewing your request, and as additional communities make similar requests we considered the impact on picture quality, system reliability, and long term spectrum availability for expanded services and future growth. Please note that these costs do not include any other costs beyond the scope of the initial interconnection, transport and insertion of a channel for use by the City of Eagle on Cable ONE's cable system. If you have any questions do not hesitate to call me or have your engineering person contact our Technical Operations Manager, Mark Campbell at 455-5576. Best Regards, , N' Michelle Cameron General Manager Cable ONE EAGLE CITY CHANNEL BID ITEM DESCRIPTION Two additional fibers from 1 Headend to Eagle 2 Force Inc Transceiver set 3 Optical Transmitter 4 20 dBm EDFA 5 14dBm EDFA 6 Modulators 7 term shelf 8 fiber over lash 9 Cable One labor TOTAL QTY PRICE EA PRICE $0.00 1 7,500.00 $7,500.00 1 18,000.00 $18,000.00 3 10,000.00 $30,000.00 1 8,000.00 $8,000.00 2 1,000.00 $2,000.00 1 300.00 $300.00 $0.00 $6,600.00 $72,400.00 May 27,2007 NEED/DESCRIPTION One fiber to carry Eagle programming to Headend. Second fiber to carry Eagle broadcast lineup separate from master lineup from Headend to Eagle hub. For Eagle specific broadcast/lineup To provide Eagle exclusive channel up To provide Eagle exclusive channel up To provide Eagle exclusive channel up At City Hall Location City Hall to OTN' This bid Is subject to prke change after 30 days from date of issuance From Eagle City Hall the production equipment signal will feed into a transmitter (TRANSCEIVER) to transport (FIBER TERM SHELF) the specific Video and Audio via fiber from the Eagle City Hall to the Master Headend in Boise. The Master Headend will convert the laser signal received from Eagle into a standard Channel 11 (MODULATOR). Channel 11 will then be combined with the remaining Cable One program lineup. The Eagle specific broadcast lineup is then fed into a second fiber for distribution (OPTICALTRANSMITTER) to the Eagle amplification site (OTN) from the Master Headend. At the amplification site in Eagle the signal received from the Master Headend for this specific lineup is amplified (EDFA) and then split to feed the many node pockets in the town of Eagle. EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET CPA -2-07 - Comprehensive Plan Man Amendment from Residential Three to Mixed Use Stahl Properties, LLC August 28, 2007 7:30 p.m. NAME ADDRESS/ TELEPHONE TESTIFY YES/NO? PRO/CON a �- _.)ADIL Pry (sy ip ('—)Ps) is. -Y-( Lo, Ce, qes Cpm (k,,,b--vlet,, Dr C1 cyCE k/j(c?k) 07 Z._ -(7—_7(fj ---(cl(r g 9 ZZ1i C 42_ 66-1_51" ye7-5 Page 1 of I,ICUUNCII.\AGI:NI)A\CCSIGNUP W1'1) EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET A-11-07/RZ-11-06 & PP/FP-01-07 - Annexation and Rezone from RUT to A -R -DA and Combined Preliminary Plat and Final Plat for Viene d' Aeuila Subdivision August 28, 2007 7:30 a.m. NAME (1/1111 7,l//-4,1 4 S / ADDRESS/ TELEPHONE kci-r 1/74a, /, /14 ZG //(r �fi `tel �o, ` // lrrNJ Page 1 of 11 1COUNC IL\AGENDA\CC SIGNUP. WPI) TESTIFY YES/NO? PRO/CON EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET CPA -3-07 - Comprehensive Plan Man Amendment from Residential Three to Mixed Use - DEB Properties, LLP August 28, 2007 7:30 u.m. NAME ShAwes /t/ic e k- s ADDRESS/ fTELEPHONE 7f %g Z.f./'Q1lr TESTIFY YES/NO? PRO/CON raati Dui iee cif -Y.14 v Es 'D kb 1 Page 1 of 11 \COUNCIL\AGEND \\C CSIGNUI' WI'D EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET CPA- -07 - Comprehensive Plan Man Amendment from Residential Three to Mixed Use - DEB Properties. LLP Aueust 28, 2007 7:30 P.m. NAME S h /4 fr,,,./ Ai / c Ce ADDRESS/ TELEPHONE / y$ AJ - 2,d z A) /c Page 1 of ',AGFNDA (CSI(I N1 E> vi'i'i) TESTIFY YES/NO? PRO/CON C July 27th, 2007 Dear Mr. Spackman, RECEIVED JUL 312007 • OEPMTMENT OF VATERRESOJRCES This letter is in response to your Preliminary Order issued July 17th, 2007. As a resident of this State and as a representative of my constituents, I have several concerns about this Order. The Departments letter dated 3-10-06 ordered the City of Eagle to arrange a time for the anticipated pump tests with the other parties. Eagle defied this order. No arrangements were made, no notifications were sent. In addition, from Eagle's own 7 - Day Aquifer Test page 2 they state the pumping well was moved to test well #2. None of this was known to the protesters either. It is illegal for us to trespass on private property. Living near the site, we kept watching for equipment, signs of their pump tests and waited for arrangements to be made. In your Preliminary Order, page 8 item 16, you state that other parties were not given the opportunity to participate in the test and to monitor their wells. So Eagle defiles your Order, fails to arrange with protesters, moves their pump test to a different location unknown to protesters and we missed the opportunity to complain? Just exactly when was our opportunity? We are at fault? We didn't even know the tests were done until it was all over and too late to complain! How then is it the protesters fault (page3)? Why were the protesters shut out of the pump tests? What was Eagle afraid might be found out if our wells were monitored at the time of their tests? So Eagle defies your Order and gets rewarded with everything they asked for! The test should have been done at a higher rate and for a longer period to determine the true impacts. The Department knows this and should at a very minimum require a new pump test at a higher rate before approving a water right. Idaho code 42 -237a -g states, "Water in a well shall not be deemed available to fill a water right therein if withdrawal there from of the amount called for by such right would affect ....the present or future use of any prior surface or ground water right or result in the withdrawing of the ground water supply at a rate beyond the reasonably anticipated average rate of future natural recharge." Show me the study that proves that the "anticipated average rate of future natural recharge" will cover the amount of water that this applicant will withdraw from this aquifer. Remember Eagle has the burden to prove extra water was available. They did not. ' R 1 I also believe that IDWR needs to establish what the reasonable pumping level for this aquifer is before they approve any new water rights. For IDWR to fail to define reasonable pumping levels would be a disservice to all parties involved. Information concerning the drop in our aquifer (wells having to go deeper to tap into their water right) was not allowed in the hearing because of technicalities. I understand there have been additional wells in this area that have had to go deeper since the hearing. I thought the hearing was to gather all the facts available. What.difference does it make to the facts who presents them? If there is information about drops in the aquifer from whatever source, they should have been included in this hearing. To make decisions without all the facts is a dangerous precedent to set. In a letter from the Department dated December 26th, 2005, It stated that the Department will closely monitor construction of a pump test well and an additional monitoring well. Who at the Department closely monitored the construction of these wells and on what dates? Who at the Department monitored the actual pumping tests? If the Department was notified in advance, why were not my constituents? Are there screens at different levels that are allowing co -mingling? If you tell me no, how do you • know? In the beginning, all of us were led to believe Eagle's permits represented a transfer of water rights. They do not. They are for new water rights. What policy does the Department have regarding mitigation? These rights represent a much greater use, much longer period of time and most importantly they are going to the foothills and everybody knows it. M3, Suncor, Avimore, etc. do not have the water to provide for • such large developments: The City of Eagle now has annexation signs clear to the top of Horseshoe Bend Hill. Their service area is a moving target. It grows larger every day. And it is going north! Dry foothills, no water, guess what? Eagle is gunning for bur aquifer. How can the Department possibly expect this aquifer, which is dropping, to provide all the water for the dry foothills to the north? But that is what this order will set the precedent for. Water spreading is illegal. But Eagle is headed in that direction with this preliminary order. United water and Star Water both have said they could provide water for the area. In fact, I believe United Water and Star Water have both run lines into the area in the last couple of months. Star has a new well and a water right which would allow them to service part of the area today. I believe this application is not about providing water as much as it is about money. If I am not mistaken, I believe your Department, has not approved a new consumptive use for water unless it was for a municipality or a big developer, since 1992.1 believe if a farmer or some other individual were to sue the department over this fact they would probably win. The law does not allow mining. By approving this application you will be allowing mining of the aquifer. There is approximately a million acre foot of surface water leaving the valley every year. Before using ground water you should look at the possibilities of using the extra surface water and not mining the ground water. If you are approving this application because of this million acre foot, you should be aware that new studies show that the water that you are over -appropriating actually goes to the Payette River. At the very least before approving this water right application you should do a study to make sure where this quote "extra water" is going or coming from. Last but not least, my biggest concem is a repeat of the Eastern Snake River plain aquifer problem. Director Tuthill reported in June that it is a very serious problem with no solution in site. As a state legislature we have expended millions of dollars to try to fix the problem. No fix is in sight. Now we are looking at an even bigger problem in this region due to over appropriation and mining of the aquifer here. In the Hagerman valley area we are.talking about fish farms. In the Treasure Valley we are talking about thousands of homes and people. Please take these concems into consideration before making your final decision. Respectfully, Mike Moyle CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this /J6 day of August, 2007, a true and correct copy of the foregoing document(s) described below were served by placing a copy of the same in the United States mail, postage prepaid and properly addressed to the following: Document(s) Served: Transmittal letter dated August 14, 2007 from Gary Spackman, Hearing Officer. JERRY & MARY TAYLOR 3410 HARTLEY EAGLE ID 83616 CORRIN & TERRY HUTTON 10820 NEW HOPE RD STAR ID 83669 SAM & KARI ROSTI 1460 N POLLARD LN STAR ID 83669 LEEROY & BILLIE M1 1.1 M S 6860 W STATE ST EAGLE ID 83616 DEAN & JAN COMBE 6440 W BEACON LIGHT EAGLE ID 83616 Certificate of Service - Page 1 (As of 817107) BRUCE M SMITH MOORE SMITH BUXTON TURKE 950 W BANNOCK STE 520 BOISE ID 83702 JOHN M MARSHALL GIVENS PURSLEY PO BOX 2720 BOISE ID 83701-2720 CHARLES L HONSINGER DANIEL V STEENSON IUNGERT CLARK CHARTERED PO BOX 2773 BOISE ID 83701-2773 WESTERN REGION ATTN JOHN WESTRA 2735 AIRPORT WAY BOISE ID 83705-5082 Deborah J. Gibson Administrative Assistant • City of Eagle Monthly Crime Brief July 2007 Administrative CaIIs For Service Officer -Initiated Proactive Total Jul 07 Burglary Alarm- 44 Check Reckless Driver- 33 Ck 111 Fireworks- 28 Juvenile Problems- 21 Drunk Driver- 20 Accident Non -Injury- 19 Suspicious Vehicle- 19 Traffic Hazard- 18 Vehicle Burg Report- 16 llazardous Situation- 14 Welfare Check- I I Jul 07 235 538 726 168 1667 Incidents Jun 07 Jul 06 231 478 703 163 1575 Top Calls For Service 256 436 512 16 1220 Jun 07 Burglary Alarm -41 Drunk Driver- 26 Traffic 11azard- 24 Check Reckless Driver -23 Accident Non -Injury -20 Welfare Check- 17 Loose/Dead/Inj Animal- 14 Theft Report- 13 Suspicious Vehicle- 12 Vandalism Report- 12 Calls for Service Priorities & Average Response T Call Jul 07 Jun 07 Jul 06 Priority # ART Low 187 09:17 Medium 336 05: 1 7 Iligh 15 02:47 Total 538 06:36 Jul 07 181 Jul 07 Burglary- 22 DWP- 13 Theft- 7 Curfew Violation- 6 Drug Equip Violation- 5 Liquor Law Violation -5 Simple Assault- 5 Vandalism -4 Jul 07 Jun 07 36 23 Vehicle Burglary Residential Burglary Commercial Burglar). Construction Burglary Theft Vandalism/Arson 4 ART 154 07:23 311 05:08 13 03:12 478 05:49 Jun 07 174 Cases # ART 147 09:32 278 05:03 11 02:55 436 06:30 Jul 06 132 Top Offenses % Change YTD* -1.1% 7.8% -13.7% 268.1% -0.4% imes (ART) ART % Change YTD* -13.3% 10.2% 18.3% 1.5% % Change YTD* 3.8% Jun 07 Burglary- 12 Theft- 12 Vandalism- 1(1 Drug Equip Violation- 9 Liquor Law Violation- 9 Drug/Narc Violation -8 DUI -8 DWP- 7 Felonies Jul 06 26 % Change YTD Clearance YTD* Property Crimes Jul 07 16 4 2 0 1 7 12 5 10 6.3% Jun 07 Jul 06 9 Rate 21.9% % Change YTD rm* Clearance Rate 6 6.5% 0.0% 4 68.8% 4.2% 1 -40.0% 0.0% 1 0.0% 20.0% 3 33.3% 19.4% 13 8.5% 19.7% Moving Traffic Citations Jul 07 Jun 07 Jul 06 143 149 75 % Change YTD* -2.0% Prepared b!. ACSO CAI: th .,2 Property ('rimes -J Reported Property ennuis • Ctereeeee• Burglary (2) • R.4.0•1 04.491./ 1‘1 • Th.*(7( • Vendaksmckson 15) • Vehml• 81.081y (16) 5. 14, • • • Nee It • • • Accidents MAC .11.earli • ot AccIdents • • 2 3 • 4 G F. -e _ • I% 2.61110,01.1 • • - • . • • • • Property Damage Physical injury Total Jul 07 15 7 22 Accidents hill 07 14 8 22 Jul 06 10 5 15 % Changc YTD* 13.0% -5.8% 5.4% Top Accident Times & Locations Top Days: Top Streets: ill! 07 Jun 07 Jul 07 Jun 07 Thursday -4 Tuesday- 7 Highway 44- 7 Eagle Rd- 12 Friday- 4 Friday- 7 Eagle Rd- 7 Highway 44- 7 Saturda)- 4 Wednesday -3 Floating Feather- 3 Chinden Blvd- 3 Top Hours: Jul 07 1 1.00- 4 18.00- 3 13 00- 3 15.00- 3 Jun 07 12 00-3 13 00- 3 15 00-3 Note Accidents are mapped to the nearest intersection • % Change YTD compared to 2006 16 00-3 Data obtained from CAD. New World Legac AS400, and Webcars databases Data quened 8.14 07 EAGLE CITY COUNCIL PUBLIC HEARING SIGNUP SHEET A-10-07&Rz-12-07 Annexation And Rezone from RUT to R -E -DA — Tim Johnson August 28, 2007 7:30 p.m. ADDRESS/ TELEPHONE Page l of H:I000NCIL\AGENDA\CCSIGNUP. WPD TESTIFY YES/NO? PRO/CON EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET CPA -5-07 - Comprehensive Plan Man Amendment from Residential Estate to Residential One - Mark Beckman August 28, 2007 7:30 p.m. NAME ADDRESS/ TELEPHONE Page 1 of 11 \COUNCILIAGENDA\CCSIGNUP WPI) TESTIFY YES/NO? PRO/CON August 30, 2007 Response to the ACHD ULI Report by Ada County, Boise City, City of Eagle, Garden City, City of Kuna, City of Meridian and City of Star Ada County and the cities of Boise, Eagle, Garden City, Kuna, Meridian and Star commend ACHD for conducting an external review of the functionality of the highway district. This action signified real leadership and a willingness to find better solutions to the challenges we face, and we applaud this effort. We have met as a group to review the ULI report and discuss how we as land -use agencies see our role in implementing the ULI recommendations. These discussions have produced a unanimous consent among the agencies that identifies the following roles in a new alliance: 1. Oversee the development and implementation of the annual Capital Improvement Plan including priority ranking for funding. 2. Oversee the Impact Fee program including the establishment of the fee schedule and the setting of boundaries for fee collection and spending. 3. Oversee the development of a cumulative effects monitoring and reporting program. It is essential that formal authority for the alliance be created through either a joint powers agreement or some other form of agreement that is binding. We do not see value in an alliance that is simply voluntary. The alliance does not create another layer of government in the land -use and entitlement process. The creation of the alliance shall not create the need for additional staff within ACHD. Existing staff within ACHD shall be made available to support the direction of the alliance. ACHD will continue to have complete authority over the maintenance of existing roads and construction of new roads as directed by the alliance. We are committed to proceeding rapidly toward finalization of a formal alliance. We recognize that operating details for implementing the scope of the alliance need more work. Our goal is to have this work complete and the alliance created and up and running by the end of the year. Page 1 of 1 Theresa Verschuren From: Theresa Verschuren Sent: Tuesday, August 28, 2007 4:41 PM To: Nancy Merrill Cc: Tracy Osborn Subject: Agenda for Your Review Mayor, I received the following agenda items for next week's joint meeting. Does this meet your approval to submit to ACHD? Theresa Joint Quarterly Meeting with ACHD and Eagle City Council Tuesday, September 4, 12:00 p.m. @ Council Chambers, Eagle City Hall Agenda ansportation Impacts of the Proposed Foothills Development - timeline and where we are. ACHD's funding needs and how this can be addressed Status of progress in developing a model of decision making that formally includes representative of the Cities of Ada County. Adequate Public Facilities Five ear ork Plan Hill R d Lind: ' oad 8/28/2007 tructure Districts