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Minutes - 2007 - City Council - 09/11/2007 - Regular ,/ EAGLE CITY COUNCIL Minutes September 11,2007 REGULAR COUNCIL AGENDA: 7:45 p.m. I. CALL TO ORDER: Mayor calls the meeting to order at 7:30 p.m. 2. ROLL CALL: BASTIAN, GUERBER, NORDSTROM, BANDY. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Lexie Williamson led the Pledge of Allegiance. Guerber moves to amend the Agenda and hear Public Hearing Item #6C. - Local Improvement District (L.I.D.) No. 2007 - City of Eagle as the next item. Seconded by Bandy. ALL AYES: MOTION CARRIES........ 6C. Local Improvement District (L.I.D.) No. 2007 - City of Eae:le: A public hearing at which owners of property to be assessed within proposed Local Improvement District No. 2007-1 ("L.I.D. No. 2007-1 ") may appear before the City Council (the "Council") of the City of Eagle (the "City") and be heard as to the propriety and advisability of creating L.I.D. No. 2007-1 and acquiring and financing the Project, as hereinafter described, and as the time and place when and where the Council will consider the creation of the proposed L.I.D. No. 2007-1 and the acquisition of the proposed Project, and hear all complaints, protests, and objections which may be made in writing and filed with the City Clerk on or before said time, by any owner of any parcel of land to be assessed. Public testimony will be taken until 9:30 p.m. on this item, at which time, if there is additional public testimony to be given, the item will be con tinned to a Special Meeting on September 20, 2007 6:00 p.m. Mayor introduces the issue. Vern Brewer, Holladay Engineering, presents a power presentation and discusses the same. Mayor discusses the ground rules for the Public Hearing. We will be hearing testimony until 9:30 and at that time the Public Hearing will be continued to September 20, 2007 to continue public testimony. General discussion. Discussion on how the boundaries were drawn. General discussion. Discussion on property owners are assessed. General discussion. Mayor I will need to have everyone on the record so you will need to come to the podium. I will open the Public Hearing City Attorney Buxton: The Public Hearing is for testimony only and is not a question and answer period. Mayor: Then I will not open the Public Hearing; we will have a question and answer period first. Mike Perry, 650 Los Cacerra Drive, discussion on fire protection and access. Vern Brewer discusses the definitions of Fire Protection and Access. David Eldredge, 321 W. Satter Drive, discussion on fire protection. Page I K\CDUNCIL\t>.f1NUTES\Temporary Minutes Work Area\CC -09-II~07mindoc Linda Cole, Dunyon Street, reads a statement from her husband Fred Cole: what are the imposed improvements and what are the costs? Mayor Opens the Public Hearing Mayor swears in Bill Hart Bill Hart, 837 Preakness Dr., in Downey Downs which is on wells. I will be financially unable to handle this new system. If I had a empty lot I think it would be wonderful to have piped in water. [think this is wonderful but people who have paid for wells should not have to pay for this. Why can't people in my position be able to have the assessment on new buyers when the property would sell? Mayor swears in David Eldredge David Eldredge, 321 West Satter Drive, I submitted a letter. I can't be persuaded that a government can run a system better than a private company can. I have concerns about the way the boundaries are drawn. The main water line is not close to my property. I don't see how I have a benefit. I don't know how I can be included unless the entire City is included. Mayor swears in Dewain Gluboy Dewain Gluboy, 500 Rene Place, I am adjacent to the Evans Subdivision which has not City water. City water is a quarter of mile from me. How can [benefit? Discussion on the fire protection. Mayor swears in Richard Ferguson Richard Ferguson, Eagle West Subdivision, I have my own well and I see no benefit at all. I pay $75 a quarter for my water. Mayor swears in Mary Stokesberry Mary Stokes berry, 318 N. Olde Park Place, [ want to be eliminated from the LID. [am retired on a small income and I have two disabled kids. This would put a burden on us. Mayor swears in Aaron King Aaron King, 2970 W. Shadowwolf Drive, I am sensitive to the issue of cost. Discussion on the additives that Eagle Water uses in the water. I am concerned that the City will put chlorine in the water. Reads an article on chlorine in water. I would like the City look at not having chlorine in the water. Mayor swears in Mark Waterman Mark Waterman, 270 S. Sophie Place, how does the purchase of water company have enough capital investment to make it worth $7.2M? I pay a lower rate than what the City charges and United Water charges. The City will be making more money with the rates and that should be enough to offset the purchase of the Eagle Water Company. Everyone in the City limits should pay the LID fee. Mayor swears in Marvin Miller Marvin Miller, 1235 Downing, I have lived here for 20 years. I am against the LID because we have our own and surface water for irrigation. I'm not totally against this but there are more questions to be answered. There about 100 residents in our subdivision and only about 3 would be using this service. Pagel K.\COUNCIL\MINUTES\Temporary Minutes \\'ork Area\('C -09-1] -07min.doc Mayor swears in Roger King Roger King, 387 Longwood Drive, sometimes the City has surplus in their coffers from taxes why can't some of this money be used for this LID. Mayor swears in Frank Stoppello Frank Stoppello, 782 Arlington Drive, I am here to speak on behalf of a number of citizens at Downey Downs. I don't believe that public bodies should engage in running water companies. put my well in and put the surface irrigation system in. The residents of Downey Downs will derive not benefit from this LID. Well water is a benefit. Mayor swears in John Kathmann John Kathmann, 144 E. Fisher Drive, hands the Mayor a letter. We have 8 households that live on Fisher Drive, three of them got this mailing. I did not get mailings and it would have been nice to get the mailing. We have private wells and I would like lodge our protest to being hooked up to the LID. My questions is would my irrigation water rights be affected. Mayor swears in Dave Brady Dave Brady, 909 Arlington Drive, discusses the fire protection. The new water system is not going to benefit Downing Down if the fire hydrants belong to United Water or the City of Eagle. I would request that you remove Downing Downs from the assessment. The City needs to check state statues to make sure that the City can purchase a water system by an LID. Mayor swears in Russell VanLiew Russell VanLiew, 97 Fisher Street, I like the two way communication. A lot of people say they want to be excluded but they could still be excluded. What does it mean to be excluded? Their should be more classifications. There are no benefits for me. Mayor swears in Doris Pottenger Doris Pottenger, 2128 Dunyon Street, I have lived here for several years. There are 72 homes in this group. We were promised that if we didn't fight being annexed in that we would have city water. We never got the water. This area should be furnished without having to pay the fee because we were promised. Most of us are retired on fixed income. We need to be treated fairly. Mayor swears in Tom Sorge Tom Sorge, 2532 N. Edgewood, I would like to understand the boundary of the Eagle Fire District. We are all on wells and I would like to know what benefit this would be. WE would like to be excluded, the Rocket Bar Subdivision. Mayor swears in Michael Ryals Michael Ryals, 250 S. Harlan, I am very much in agreement with what the people are saying. I believe that government should not be involved in the water business. I can see not benefit that we get. We have not street lights on our street and we can not get lights from the City. I am asking you not include Eagle West Subdivision in this LID. General discussion. Mayor swears in Lynne Sedlacek Lynne Sedlacek, 1200 Hereford Drive, I respectfully disagree with some of the people. Water is a commodity not a resource. I want the water to belong to the people and not a foreign company. How would you assess our fann? I don't want some defacto zoning overlaid on our farm. I don't understand the different ways you are assessing property. Persons on private and community Page 3 K-\COUI\CJL\MINUTES\Temporary Minutes Work Area\CC-09-1 1-07min.doc wells should not be included. Discussion on the fire protection. Ifpeople pay up front they should get a discount of 10%. Mayor swears in Debra Helton Debra Helton, 1203 Cerramar Court, I would like to request the use of my husbands three minutes to make my presentation. Discussion on their water pressure. We have recorded readings as low as 5psi. This problem with water pressure affects almost everyone in our subdivision. I don't want to incur higher rates but I want assurance that the low water pressure is addressed. Mayor swears in Steve Deckers Steve Deckers, 2249 Dickey Circle, in my personal opinion I agree that this is an honorable task that the City is taking on. Our subdivision is part of Evan's Water System. We have a very good water system. We would like to have our properties removed from the LID. If the case could be made for fire protection that would be good. Mayor swears in Tom Smith Tom Smith, 10 North Arlington, Downing Downs, this belongs in private enterprise. I see a lot of comparison with United Water. I would like to see the financials. We have private wells. would like to be removed from the LID. Mayor: We will keep the Public Hearing Open until September 20, 2007 at 6:00 p.m. City Attorney: The meeting should start at 6:00 p.m. on September 20,2007. There could be a Q&A at 6:00 p.m. and the regular meeting starting after that which would be noted on the Agenda. General discussion. The public hearing can not start prior to 6:00 p.m. Mayor: We will have an Open House at 5:00 p.m. on September 20,2007 and the Public Hearing will start at 6:00 p.m. City Attorney: I would like to state that Q&A are not part of the public hearing and are not part of the public record. General discussion on having some of the answers to tonight's questions posted on our web site. Tammy Zokan, City Attorney: If you are not included within the LID boundaries you are not going to be assessed. Guerber moves to continue the Public Hearing on the Lid to 6:00 p.m. on September 20, 2007. Seconded by Bastian. ALL AYES: MOTION CARRIES............ Mayor calls a recess at 9:45 p.m. Mayor reconvenes the meeting at 10:00 p.m. 4. 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. Page 4 K\C'OUNCIL\MI!\iUTES\Temporary Minutes Work Area\CC -09-11-07min.doc A. Claims Ae:ainst the City. B. Minutes of Aue:ust 7. 2007. C. Minutes of Aue:ust 14. 2007. D. Appointment to the Desie:n Review Board: The Mayor is requesting Council confirmation of Mark Butler to the Design Review Board. Mr. Butler will be serving the balance of a vacated term which will expire in December of 2008. (NM) E. Appointment to the Parks and Pathways Development Committee: The Mayor is requesting Council confirmation of the appointment of Victoria Wallace to a three year term. (NM) F. Open Container Permit: The Eagle Chamber of Commerce is requesting an open container permit to used September 29,2007 from 11 :00 a.m. to 7:00 p.m. in downtown Eagle between 1st and 2nd Street for the Taste of Eagle Food & Wine event. (SKB) G. DR-44-07 - Multi-tenant Office Buildine: - Dave Evans Construction: Dave Evans Construction is requesting design review approval to construct a 4,200- square foot single story, multi-tenant office building. The 0.33-acre site is located on the south side of East Winding Creek Drive approximately 128-feet west of South Academy Avenue at 1259 East Winding Creek Drive. (WEV) H. DR-45-07 - Master Sie:n Plan for A Multi-tenant Office Buildine: - Dave Evans Construction: Dave Evans Construction is requesting design review approval of a master sign plan for a multi-tenant office building. The 0.33-acre site is located on the south side of East Winding Creek Drive approximately 128- feet west of South Academy Avenue at 1259 East Winding Creek Drive (Lot 8, Block 1, Winding Creek East Subdivision). (WEV) I. DR-49-07 - Common Area Landscapine: within Catalpa Subdivision - West Wind Investments: West Wind Investments, represented by Penelope Riley with Treasure Valley Engineers, is requesting design review approval for the common area landscaping within Catalpa Subdivision. The l7.90-acre site is located on the east side of North Meridian Road between Beacon Light and Floating Feather Road at 2650 North Meridian Road. (WEV) J. DR-50-07 - One Monument Sie:n for Catalpa Subdivision - West Wind Investments. LLC: West Wind Investments, LLC, represented by Penelope Riley with Treasure Valley Engineers, is requesting design review approval to construct one (I) monument sign at the entry to Catalpa Subdivision. The 17.90- acre site is located on the east side of North Meridian Road between Beacon Light and Floating Feather Road at 2650 North Meridian Road. (WEV) K. Findine:s of Fact and Conclusions of Law for 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, l62-lot (I 50-buildable, ll-commom, I-well lot) residential subdivision. The I 78-acre site is located south of Floating Feather Road west of Linder Road. L. Findine:s of Fact and Conclusions of Law for A-ll-07/RZ-ll-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' Ae:uila Subdivision - Ae:nila Page 5 K:\COUNCIL\f\.lINUTES\Temporary Minutes Work Area\(,(-09-] I-07min doc 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 of N. Ballantyne Road and W. Beacon Light Road at 1964 W. Beacon Light Road. (WEV) M. Chane:e Order #3 Eae:le Hills IMG Reservoir: (VB) Bandy moves to remove the Claims Against the City from the Consent Agenda. Seconded by Guerber. ALL AYES: MOTION CARRIES............... Bandy moves to approve the Consent Agenda as amended. Seconded by Guerber. Bastian: AYE; Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALL A YES: MOTION CARRIES.... .......... 4A. Claims Ae:ainst the City. Bandy, I have not reviewed the claims and would make a motion to move the Claims Against the City to the end of the Agenda. Seconded by Bastian. ALL AYES: MOTION CARRIES... 5. UNFINISHED BUSINESS: None 6. PUBLIC HEARINGS: A. RZ-15-07 - Rezone From RR (Rural Residential- Ada County Desie:nation) to PS-DA (Public/Semi-Public with a Development Ae:reement) - City of Eae:le: The City of Eagle, represented by William E. Vaughan, is requesting approval of a rezone from RR (Rural Residential - Ada County designation) to PS-DA (Public/Semi-Public with a development agreement) for the East Hill Water Reservoir Site Area for the placement of a water storage tank. The +/- 3.03-acre site is generally located approximately 1,200 feet northeast of the Greenbrook Street and Horseshoe Bend Road intersection adjacent to the Eagle/Ada Sport Complex. Staffis requesting this item be continued to the October 2,2007 meeting. (WEV) B. A-03-07/RZ-03-07/CU-02-07/PPUD-03-07/PP-07-07 - Eae:le Commons (AKA Bald Eae:le Pointe) Planned Unit DeveIooment - Eae:le Commons. LLC: Eagle Commons LLC, represented by Van Elg with The Land Group, Inc., is requesting annexation and a rezone from RUT (Rural Urban Transition Ada County designation) to R-l-DA (Residential up to one unit per acre with a development agreement), conditional use permit, preliminary development plan, and preliminary plat approval for Eagle Commons (AKA Bald Eagle Pointe), a 55-lot (45- residential,9-common, I-right of way) residential planned unit development. The 49.5-acre site is located approximately I ,800-feet west of Linder Road on the south side of West State Street (State Highway 44) and north of the north channel of the Boise River. Staffis requesting this item be continued to the October 2, 2007 meeting. Mayor introduces the issue. Guerber moves to continue Item #6A and Item #6B to the October 2, 2007 City Council meeting as requested by staff. Seconded by Bandy. ALL AYES: MOTION CARRIES...... C. Local Improvement District (L.I.D.) No. 2007 - City of Eae:le: A public hearing at which owners of property to be assessed within proposed Local Improvement District No. 2007-1 ("L.I.D. No. 2007-1 ") may appear before the City Council (the "Council") of the City of Eagle Page 6 K:\COUNCILIMINUTES\Temporary Minutes Work Area\CC-09-II-07min.doc (the "City") and be heard as to the propriety and advisability of creating L.I.D. No. 2007-1 and acquiring and financing the Project, as hereinafter described, and as the time and place when and where the Council will consider the creation of the proposed L.I.D. No. 2007-1 and the acquisition of the proposed Project, and hear all complaints, protests, and objections which may be made in writing and filed with the City Clerk on or before said time, by any owner of any parcel of land to be assessed. Public testimony will be taken until 9:30 p.m. on this item, at which time, if there is additional public testimony to be given, the item will be continued to a Special Meeting on September 20, 2007 6:00 p.m. Moved to the beginning of the Agenda by Motion. Nordstrom moves to add an Executive Session at the end of the agenda in accordance with Idaho Code 2345(b) for personnel matters. Seconded by Bastian. ALL AYES: MOTION CARRIES........... . D. A-I0-07&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 (Residential-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) This item was continued from the August 28, 2007 meeting. D1. LS-I-07 - Lot Split for 1651 West Beacon Lie:ht Road - Tim Johnson: Tim Johnson, represented by Clint Hansen with Land Solutions, is requesting approval of a lot split for the creation of two lots located on the south side of Beacon Light Road approximately eight hundred feet (800') east of Ballantyne Lane at 1651 West Beacon Light Road. Mayor introduces the issue. Tim Johnson, we were to come to an agreement with our neighbors which we have. Discussion on the agreement. Zoning Administrators Vaughan: Displays overheads and provides Council an overview of the application. General discussion. Tim Johnson, discusses removal of the existing shop. Mayor opens the Public Hearing Mayor swears in Dave Wilhite Dave Wilhite, 1655 W. Beacon Light Road, my wife and I own 10 acres south adjoining the property and we own an easement that runs through the middle of that property. Discussion on the disposition of the easement. As long as the agreement on the moving of the easement is acceptable than we have no objection. General discussion on the location of the easement. Tim Johnson, I am in agreement to the new location of the easement. General discussion. Mayor closes the Public Hearing Page 7 K:\CQUNCIL\MINUTES\Temporal)' Minutes Work Area\C'(' -09-11-07min doc Bandy moves to approve A-I0-07&RZ-12-07 - Annexation And Rezone from RUT to R-E- DA with all the Site Specific Conditions of Approval. Seconded by Guerber. All AYES: MOTION CARRIES................ Bandy moves to approve LS-I-07 - Lot Split for 1651 West Beacon Light Road with all the Site Specific and Standard Conditions of Approval with the Addition of#7: "that the existing 30' easement that is on the east side of the property be shifted to the west side of the property." Seconded by Guerber. ALL AYES: MOTION CARRIES.................. E. A-13-07/RZ-17-07 - Annexation and Rezone from RUT to PS for Eae:le Island State Park - Idaho State Department of Parks and Recreation and the City of Eae:le: The City of Eagle is requesting approval of an annexation and rezone from RUT (Rural Urban Transition- Ada County Designation) to PS (Public/Semi-Public) for the inclusion of Eagle Island State Park into the corporate limits of the City. The 545.86-acre site is generally located on the south side of State Highway 44 between the north and south channels of the Boise River, approximately twenty-seven hundred feet (2700') east of Linder Road along Hatchery Road. (WEV) Mayor introduces the issue. Planner Baird Spencer: Provides Council an overview the application. General discussion. Mayor opens the Public Hearing Mayor closes the Public Hearing Bastian moves to approve the A-13-07/RZ-17-07 - Annexation and Rezone from RUT to PS for Eagle Island State Park - Idaho State Department of Parks and Recreation and the City of Eagle with all the written documentation attached hereto. Seconded by Guerber. Discussion. ALL AYES: MOTION CARRIES............... F. CPA-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 (I) 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. (WEV) This item was continuedfrom the August 28,2007 meeting. Mayor introduces the issue. Chris Todd, Landmark Engineering and Planning, Inc., representing the applicant, displays overheads and provides the Council an overview of the application. General discussion. Mark Beckman, applicant, displays photos of the area and discusses the photos. Jeff Schroeder, 1440 N. Meridian Road, Eagle is our home and we plan on staying as long as we can. Discussion on irrigation water. We now only receive water every 14 days at best. We have property that can not be farmed. We have two options available to us, one would be for each own to break up their property. The second option is our proposal that you have in front of you tonight. This option gives me the encouragement and incentive to work with my neighbors. I would like to submit a letter for another homeowner. I would like to go back and open the Public Hearing so the previous comments by Mr. Beckman and Mr. Schroeder are part of the Public Hearing. Page 8 K\COL'NCIL\J\.1INUTES\Temporary !\1inutes Work Area\((,-09-11-07min.doc Terry Harris, 1628 N. Meridian Road, I have a letter in support of this to submit. My family has lived in Eagle for five generations. Development has surrounded us. Discussion on the current comp plan. Development under the current comp plan is not cost effective. Planner Baird Spencer: We are recommending denial of the application. Provides Council an overview of the application and discusses the comp plan. General discussion. Chris Todd, further discussion on the application. General discussion. Mayor closes the Public Hearing General Council discussion. Nordstrom moves to deny CP A-5-07 - Comprehensive Plan Map Amendment from Residential Estate to Residential One as recommended by staff but we encourage the applicant to develop a pre-annexation agreement as discussed tonight or to do a development agreement and bring something back before us for consideration. Seconded by Bastian. THREE AYES: ONE NAY: MOTION CARRIES............. Further discussion. Nordstrom moves to reconsider the motion. Second Bastian agrees to reconsider. ALL AYES: MOTION CARRIES................... Bastian moves to approve CP A-5-07 - Comprehensive Plan Map Amendment from Residential Estate to Residential One and that we condition the approval upon the applicant meeting w/staff and developing a transitional concept that would limit the houses to no more than 20 and transition to more compatible density on the fringes of the property. Seconded by Guerber. Discussion. ALL AYES: MOTION CARRIES............ G. A-08-07/RZ-IO-07 - An Annexation and Rezone from RUT (Rural Urban Transition- Ada County desie:nation) to MU-DA (Mixed Use with a development ae:reement). R-4-DA (Residential UP to 4 units per acre Maximum with a development ae:reement). and R-2-DA (Residential UP to 2 units per acre maximum with a development ae:reement) - Hormaechea LTD. Partnership: Hormaechea LTD. Partnership, represented by Michael Hormaechea, is requesting approval of an annexation of 372 acres and rezone from RUT (Rural Urban Transition-Ada County Designation) to MU-DA (Mixed Use with a development agreement) for 100 acres, R-4-DA (Residential up to 4 units per acre Maximum with a development agreement) for 140 acres, and R-2-DA (Residential up to 2 units per acre maximum with a development agreement) for 132 acres. The 372-acre site is located north of Floating Feather Road, south of Beacon Light Road, approximately 2,640 ft west of Lane Wood Street east and west of Palmer Lane. (WEV)This item was continued from the August 28, 2007 meeting. Mayor introduces the issue. Mike Honnaechea, applicant, displays overheads and provides Council an overview of the application. We are contiguous to the Eagle City limits. We are in agreement with the current Development Agreement. Planner Baird Spencer: Displays overheads and provides Council an overview of the application. General discussion Mike Hormaechea, discussion on a village center; discussion on alignment of Floating Feather. General discussion. City Attorney: Discusses the Development Agreement. General discussion. Page 9 K:\CQUNClL\MINUTES\Temporary l\-linules Work Areal('('-09-II-07min doc Mayor opens the Public Hearing Mayor closes the Public Hearing General Council discussion. Bastian moves to approve A-08-07IRZ-IO-07 - An Annexation and Rezone from RUT (Rural Urban Transition-Ada County designation) to MU-DA (Mixed Use with a development agreement), R-4-DA (Residential up to 4 units per acre Maximum with a development agreement), and R-2-DA (Residential up to 2 units per acre maximum with a development agreement) with the Development Agreement as proposed this evening and authorize the Mayor to sign a final version developed by our City Attorney. Seconded by Bandy. ALL AYES: MOTION CARRIES................ 7. NEW BUSINESS: A. #200700135-Z0A Zonine: Ordinance Amendment - Ada County: Ada County is proposing a zoning ordinance amendment to change home occupation regulations to provide for small, medium, and large home occupations. (WEV) Mayor introduces the issue. Bastian moves to deny #200700135-Z0A Zoning Ordinance Amendment - Ada County. Seconded by Nordstrom. ALL AYES: MOTION CARRIES.............. B. Ordinance No. 571 Creation of Local Improvement District (LID): - City of Eae:le: An ordinance of the City of Eagle, Ada County, Idaho, creating Local Improvement District No. 2007-1; describing and setting forth the boundaries of the LID; providing for the project to be financed therein; appointing an engineer to prepare the necessary specifications, engineers' report, and assessment roll; providing for the payment of costs and expenses of the project to be assessed against the property within the local improvement district and the method of assessment; providing for the issuance of local improvement district bonds and warrants; providing for related matters; and providing an effective date. If th ere is additional public testimony to be given on agenda Item 6C (Local Improvement District No. 2007) action on Ordinance No. 571 will be deferred to a Special Meeting on September 20,20076:00 p.rn. Mayor introduces the issue. Guerber moves to continue Ordinance No. 571 Creation of Local Improvement District (LID) to the special Council meeting on September 20, 2007. Seconded by Nordstrom. ALL AYES: MOTION CARRIES................... C. Resolution 07-09: Appointment of Bond Counsel. lfthere is additional public testimony to be given on agenda Item 6C (Local Improvement District No. 2007) action on Ordinance No. 571 will be deferred to a Special Meeting on September 20, 20076:00 p.rn. Mayor introduces the issue. Guerber moves to continue Resolution 07-09 to the special Council meeting on September 20,2007. Seconded by Nordstrom. ALL A YES: MOTION CARRIES................ 4A. Claims Ae:ainst the City. Guerber moves to approve the Claims Against the City. Seconded by Nordstrom. Bastian: AYE; Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION CARRIES........ .. Executive Session. Idaho Code. Idaho Code. 2345(b) for personnel matters. Page ]0 K.\CQUNCIL\MINUTES\Temporary Minutes \Vork Area\('C -09-11-07min doc Nordstrom moves to go into Executive Session for the discussion of personnel matters, Idaho Code, 2345(b). Seconded by Bandy. Bastian: AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION CARRIES..................(Guerber was not in chambers to vote on this Motion) Council goes into Executive Session at 12:30 a.m. Council discusses personnel matters. Council leaves Executive Session at 2: 15 a.m. Guerber: Ada County and the Velodrome people are doing pathway development in the foothills. Ada County is contributing $10,000 and they need an additional $10,000 from the City of Eagle to finish the project. We have $10,000 in our current budget for this fiscal year that can be used. General discussion. Council concurs to add this to the next agenda for approval. 8. REPORTS: No Reports a. Mayor and Council's Report: b. City Engineer Report: c. City Clerk/Treasurer Report: d. Zoning Administrator's Report: e. City Attorney Report: 9. ADJOURNMENT: Guerber moves to adjourn. Seconded by Nordstrom. ALL AYE: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 2:20 a.m. Respectfully submitted: ,',........" .... BAG "" R ~ ....... O~.......l.~ .... .i -\ '" ... '., ~ ;:... ,OtlA 1'/'. '. ./PHAR6~~~ERGMANN r/n--O~ i vi 0" ": i< \ - \ I.... -. - CITY CLERK/TREASURER \ .. c. -<(. ~ \~; 0 j ~ ,,~ ;J -<.,,0,.;. ~.. ~'" ..("ORPO.........{""\~...: -,# .,r.,., ........ '\ v,'" '" ''<\ TE o\' ,,- "II"'II.U .""" A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT EAGLE CITY HALL Page II K\COllNClL\fl..lIN"UTES\Ternporary Minutes Work Area\(T -09-II-07min doc September 10, 2007 To Whom It May Concern: I am writing this letter to protest the creation of Local Improvement District No. 2007-1 in general, and the inclusion of my property located at 321 West Sutter Drive in particular. As I prepare to deliver this letter to the City Hall building that was built by our city officials after being repeatedly rejected by the voters, I am reminded of how our city officials have total disregard for the wishes of the people of Eagle. Still, I write this letter in hopes that we are reaching a point where our city officials will be held accountable, and the voice of the people of Eagle might once again have some impact. I see no need for the creation of the LID. The city has the perfect mechanism to collect the revenues necessary to pay for whatever water delivery system is needed — namely, the monthly water bills. I see no need to waste thousands of dollars to collect money that can be collected without spending an additional cent. What reason would there be to spend thousands of dollars and create additional bureaucracy to collect these funds through the creation of a LID when a simple addition to the monthly water bill of each user will accomplish the same results with no increased cost or bureaucracy? I see no point in keeping water prices artificially low by sending users one bill for the water from the water department, and another bill for the same water via the LID. It is much more efficient to send only one bill and save the cost of the LID. The people will spend less, and the city will collect the same net revenue and not have to spend the money for the LID and additional bureaucracy. I can't help but wonder if part of the motivation for the creation of a needless LID is to make cheaper water available to the big developers by having the costs of the water system improvements permanently fixed to the current members of the LID. By having the costs of the water system included directly in the water bills, future users will also help pay for the improvements instead of getting a free ride. I object to the inclusion of my property in this LID because I derive no benefit from the project being funded by the LID. If my property is being included because it might be included in some future expansion, I find this argument faulty because this same argument could be used to include any property the city wanted to include. I also fail to understand the justification for the gerrymandering of the boundaries of the LID. Why are some non -water users included, and others are not. Why are specific tracts intentionally avoided while others are intentionally included? If some properties are excluded because they are already served by a water system, I would argue that my property is also served by a perfectly good water system that I have already paid for — I will derive no benefit from the availability of a new system that is inferior to the one :r, ti'. �ii i}i'�� f' li i J• J• S •, •,,; '}l: . ♦ ._;j�.,ii .`Sit• _;t 2 • ..l:.l .'•., .. . '•', If.' .. :.' 1. `}. rt; 1?.}' I.i j + rt JF: 1: -, . fit ..:,'1 .....-t!.: .,::e:;i) !1 ;. •—..: _ ,l'. -} •:::•_:•;11.i::•-:!:••! ....+,i:.,..`:.. . ':i'�! •l:+. :.?. ;:l:7,-}, +1 :".10' .•`::•.•,....;(t-;—.: _i.i i''r!'!.., _•,:? •• •ii t .,r ••.:ri ii f)!.:. I.,:jl: '1 :, ...;iii .!(..i • Ci:. ,I. I •'11..:1. •. 1%...7M7,!-/- — 't , , • t _ Imo_ •-.-��••-:TL • 1!•*: •• ..l.' . •-r•. i ! I J i i.i ` • • ..lam} •J ... ! .. _ } r t • • :ii • is - ,0 "...If, :If t' 1 •If}+'•• I have. I believe my property should not be included because I derive no benefit, but if it is included than all of the homes in Eagle should be included. I cannot comment on the method of assessment, because no information was provided. However if the method of assessment is anything other than a set fee per lot, I object. I believe that this is a needless and ill-conceived concept that should be abandoned. If the water is going to be more expensive, than this added increase should be paid for directly by being billed in the monthly water bill and not hidden in an additional tax burden created by this LID that won't include future users. Sincerely, David Eldredge 321 West Sutter Drive 939-3052 Cc 9—i/.--7 ' September 10, 2007 To Whom It May Concern: I am writing this letter to protest the creation of Local Improvement District No. 2007-1 in general, and the inclusion of my property located at 321 West Sutter Drive in particular. As 1 prepare to deliver this letter to the City Hall building that was built by our city officials after being repeatedly rejected by the voters, I am reminded of how our city officials have total disregard for the wishes of the people of Eagle. Still, I write this letter in hopes that we are reaching a point where our city officials will be held accountable, and the voice of the people of Eagle might once again have some impact. I see no need for the creation of the LID. The city has the perfect mechanism to collect the revenues necessary to pay for whatever water delivery system is needed -- namely, the monthly water bills. I see no need to waste thousands of dollars to collect money that can be collected without spending an additional cent. What reason would there be to spend thousands of dollars and create additional bureaucracy to collect these funds through the creation of a LID when a simple addition to the monthly water bill of each user will accomplish the same results with no increased cost or bureaucracy? I see no point in keeping water prices artificially low by sending users one bill for the water from the water department, and another bill for the same water via the LID. It is much more efficient to send only one bill and save the cost of the LID. The people will spend less, and the city will collect the same net revenue and not have to spend the money for the LID and additional bureaucracy. I can't help but wonder if part of the motivation for the creation of a needless LID is to make cheaper water available to the big developers by having the costs of the water system improvements permanently fixed to the current members of the LID. By having the costs of the water system included directly in the water bills, future users will also help pay for the improvements instead of getting a free ride. I object to the inclusion of my property in this LID because I derive no benefit from the project being funded by the LID. If my property is being included because it might be included in some future expansion, I find this argument faulty because this same argument could be used to include any property the city wanted to include. I also fail to understand the justification for the gerrymandering of the boundaries of the LID. Why are some non -water users included, and others are not. Why are specific tracts intentionally avoided while others are intentionally included? If some properties are excluded because they are already served by a water system, I would argue that my property is also served by a perfectly good water system that I have already paid for — I will derive no benefit from the availability of a new system that is inferior to the one I have. I believe my property should not be included because I derive no benefit, but if it is included than all of the homes in Eagle should be included. I cannot comment on the method of assessment, because no information was provided. However if the method of assessment is anything other than a set fee per lot, I object. I believe that this is a needless and ill-conceived concept that should be abandoned. If the water is going to be more expensive, than this added increase should be paid for directly by being billed in the monthly water bill and not hidden in an additional tax burden created by this LID that won't include future users. Sincerely, (#1, - Catherine Eldredge 321 West Sutter Drive 939-3052 4 /' i✓% Mayor Merrill and members of the City Council, My name is Debra Helton and I live at 1203 Cerramar Ct. in Eagle. I would like to speak on behalf of myself and my husband Robert Helton. We would like to set forth some facts about the water pressure at our home. From April 27th through May 25th of this year we monitored our water pressure. The findings are as follows. Our water pressure is about 75psi if there is no sign of anyone on our street running their irrigation system. If anyone other than my immediate next door neighbor runs their irrigation thenour pressure drops to about 62psi. My immediate next door neighbor and I share the same supply line there is some question as to the size of that line) and when they run their irrigation system our pressure drops to about 52psi. If my immediate next door neighbor and one other person on our street are watering at the same time our pressure drops to about 42psi. When our water pressure is around 42psi and we use any water for irrigation our pressure drops to 18 to 20psi. It drops even lower if any household water such as the sink, toilet, washer or shower are used especially if in combination like washing dishes and showering occur at the same time. We have recorded a reading as low as 5psi. With our water pressure at 75psi, the flow from our kitchenfaucet is 1 gallon in 45 seconds. With our immediate next door neighbor's irrigation running this same gallon takes 1 minute, 45 seconds. If we run three sprinklers off our hose bib (not our irrigation system) it takes 2 minutes, 30 seconds to fill the gallon. The water pressure problem is about the same for most residents on Cerramar Court. We have talked with our neighbors and at least six of the houses on the south side of our street agree that these problems exist. When we went to the Eagle Water Co. we spoke with Norm Revel. He told us we were the only ones with the problem because of our location at the end of the main water line in our street. The Eagle Water Co. came out several times starting April 27, 2007. They tried several things but nothing changed. • ,f,:•.•••••!! ,';•-;:t.• • )..• . • 1:-. • ;t: . . . • •"..".7.7"7.,7'`!'.:' %.•-• : ••• .; • •:1 *.f 77; kx ;i r • • 't 't Y.? r*?;'.; ; • '; • • • : = 4.; .A.:1) •i !..; r 1 • , : Around the end of May the Eagle Water Co. put an instrument on our water meter to record the high and low pressure variations during a 24 hour period. This was monitored for 3-4 days and then it was left unattended. The paper graph was suppose to be picked up and changed daily. They said the next step was to put an instrument on our hose bib but this never took place. Nothing has been done since that time and Norm has not returned our phone calls. To date the instrument remains on our water meter and we have had no further response from the Eagle Water Company. In the first part of July, Robert went to the City to see if we could get something done about the water problem. He talked to David Milan and expressed our concerns. David explained that the City was planning to buy the Eagle Water Co. and that we should be receiving a letter and that the problems would be taken care of. We would like some assurance that this will be handled in the near future, we have all waited long enough. We bought our home in October of 1999 and the water pressure has been poor all along. We have talked to many of our neighbors in and around the Eagle Hills West subdivision and find that the water pressure problem exists in many areas. Some of our neighbors were also told that this was an individual problem and not a problem of the Eagle Water Co.. Some have tried to work with the neighbor sharing their joint supply line but that only helps a little depending on the other usage on the main water line at that time. Many of us are using hoses and sprinklers to water our yards instead of our irrigation systems. When the pressure is low the irrigation heads only cover % to '/z of their normal patterns and often there isn't even enough pressure to pop up the sprinkler heads at all. In the summer our neighborhood looks poor because the pressure problems cause our irrigation systems to be inadequate. Unless a homeowner is able to spend the time setting individual sprinklers they have to contend with large dead areas of lawn. I understand there will be an increase in our water bills if the City does purchase the Eagle Water Company. I just want to make sure that problems of low water pressure are addressed as a priority. Debra & Robert Helton ;t,i';:;'::.•.)"..; ••••••• ;,•Ftlf.• 172 ':••• : ; • • -• •••••," • : i‘j • ••• • 1:7.).:Jn`'..*:; 5: ;."; i !tv,.-kt :(.- • [7i • ! , • • 7. •-• if ‘11 1 •" I.; ' • ,' • cam.-q--ii-� September 9, 2007 Eagle City Council c/o City Clerk Eagle City Hall 660 East Civic Lane Eagle, Idaho 83616 Re: Local Improvement District No. 2007-1 To the Members of the Eagle City Council: I own property at the address indicated below that is proposed for inclusion within Local Improvement District No. 2007-1 ("LID"). The Notice that I received regarding the proposed LID was incomplete and ambiguous. Accordingly, I have numerous questions about the proposed LID, its impact on my property and my water rights, and the amount of any assessments I would be obligated to pay. Accordingly, I protest creation of the proposed LID and, in the alternative, would request that my property be excluded from the LID. It appears that the proposed LID may violate applicable Idaho and federal law, including, without limitation, Idaho Code Title 50, Chapter 17, and the due process and takings provisions of the Idaho and United States Constitutions. My questions and concerns include, but are not limited to, the following: 1. the Notice did not provide adequate information or description of the Project to be acquired and the City apparently did not undertake an adequate review of the need for the acquisition or of the value of the property to be acquired. 2. the extent to which the water rights for my property, including water rights for a private domestic well and for irrigation from Farmers Union Canal Company, would be affected by the proposed LID is unclear; 3. whether my property will be benefited by the proposed LID, whether it would be subject to assessments by the proposed LID and on what basis such assessments will be imposed also are unexplained; 4. the scheduled public "open house" on the proposed LID is not part of the official process recognized for the establishment of the LID and any such open house apparently shall not be part of the official public record in this matter and, therefore, is inadequate to correct any legal defects in the required statutory process. i .nature �Gk Print Name Ka (HAA. (3.:_ X111 l L{ `i E -Thr Property Address South Sixty Farm cc 9—�/ '? Fred and Lois Kunkler 1601 W. State Street Eagle, ID 83616 September 11, 2007 Re: City of Eagle, Proposed Local Improvement District No. 2007-1 We object to the inclusion of our property, the South Sixty Farm, into the City of Eagle's proposed Local Improvement District No. 2007-1. The South Sixty Farm consists of approximately 60 acres of cropland and it is zoned agricultural. This property utilizes only surface irrigation water. There are no structures on the property and no need for a potable water system. We feel the proposed LID 2007-1 would provide no benefit to our farm. If this property were ever to be developed and require a central water system, then it is assumed the City of Eagle will have a calculated connection/buy-in fee that would be assessed. This is the only equitable way to accommodate farm ground. To require farm ground --or any other acreage -to participate in this LID would be unreasonable. Mandatory participation would assume development that may never happen, at densities that can't yet be determined. Please remove this farm from the proposed LID assessment list. Sincerely, Mr. Fred Kunkler, Managing Partner ot/-> A f.til.�l <�LCJ Lois KunRler, Managing Partner 44Ze* Kari6 Arnold, Partner Cc f -1/'O% Ron and Karie Arnold 268 Dawn Street Eagle, ID 83616 (208) 939-4543 September 11, 2007 Re: City of Eagle, Proposed Local Improvement District No. 2007-1 We object to the inclusion of our property, 268 Dawn Street, Eagle, Idaho, into the City of Eagle's proposed Local Improvement District No. 2007-1. We live on the north end of Dawn Street. Like all the homes on Dawn Street, our home is served by a private well. The nearest potable water distribution line is probably located along West State Street— several hundred feet away. We have no way to access the central water system; therefore, the proposed LID would not benefit our property. We request our property be removed from the proposed LID. Sincerely, 6(p -N. 0,,,,,i -k Ron Arnold cc- 7--//-07 Sedlacek 1200 Hereford Drive Eagle, ID 83616 (208) 939-6219 September 11, 2007 Re: City of Eagle, Proposed Local Improvement District No. 2007-1 We object to the inclusion of our property, 1200 Hereford Drive, Eagle, Idaho, into the City of Eagle's proposed Local Improvement District No. 2007-1. We have a four -acre parcel of land that utilizes surface irrigation water. Our home is served by a private well. The nearest potable water distribution line is several hundred feet away. We have no way to access a central water system; therefore, the proposed LID would not benefit our property. We request our property be removed from the proposed LID. S incerely, Ron Sedlacek e Sedlacek Fred and Lois Kunkler 1601 W. State Street Eagle, ID 83616 September 11, 2007 Re: City of Eagle, Proposed Local Improvement District No. 2007-1 We need more information regarding LID 2007-1. Our property is located at 1601 W. State Street, Eagle, Idaho and consists of approximately 6.5 acres. It is zoned agricultural and it is still being farmed. The home is on a private well and the crops utilize surface irrigation water. How will the property assessment be calculated? Does participation in the LID guarantee a future connection? Will connection to the system be required? Sincerely, Mr. Fred Kunkler L is Kunk i /9- g‹ -rd 1 t /e d /, as CU ; d f/ ,, .r? i7,- "Y% .0 (V C rix -p- V �% ..cam'-a-m,,•y 1,72- 7 ? yt, CI. -1%, -' /C --;77h/ (O.rT"2,11'l o-V,.r, ,/7 L cCrLcrY��C/ :? / rd..,i %t--� t^i' C[ 17 -r^L I! r-ur.)-m-6) .Y(✓) ziajyy rV _4_0(v 0,(t- ) -(?/,91 7 - ? 7 ?7W ,7 +t r77 cT .est 2,)19 2 J " 0 cc9-F-.3c6 -?(27 9 f ' F3 (J I -J2� A 1 ?� S 6 t1 4.d� 7P) 00-2 a 17 . ;c poz /-6 7 In the Matter of the BEFORE THE "CITY COUNCIL" CITY OF EAGLE Eagle City Hall 660 E. Civic Lane Eagle, ID, 83616 ) ) NOTICE OF HEARING ON CREATION ) OF LOCAL IMPROVEMENT DISTRICT ) NO. 2007-1 ) CC -- 9--l1-07 PROTEST AND PETITON Comes Robert L. and Norma J. Henry, (hereinafter referred to as the Protestants) full time residents at 733 W. Aikens Ct. Eagle, ID 83616, and Trustees for the Eagle Family Trust owner of said property. Protestants have interest in this matter because said property is located within the area described in the "Legal Description" provided as "Exhibit A" in the above subject Notice.and because they are current residential users of water supplied by Eagle Water Co. This Protest is based on the following facts: 11 The subject Notice of Hearing was dated "the 22nd day of August, 2007" and mailed to Protestants following that, and 2] The "Hearing" about which the notice was given was set for 11th day of September, 2007 only twenty (20) days from the date of the subject notice. 3] Subsequent to this original Notice of Hearing a mailing (of unidentified origin but presumably from Eagle City Hall) describe the September 11 affair as an "Open House" provided because "The City has received some questions from a few callers.." (Emphasis supplied) Information was to be supplied at said "Open House" relating to "costs, benefits and timelines for the purchase and transfer of the Eagle Water Systems to the City of Eagle." 4] The result of an approval of this action would be a massive increase (several hundred percent ?) in water use fees for existing residential Eagle Water Company customers, the imposition of property taxes in the amount necessary to allow the city to purchase the water company and possibly other as yet undetermined new costs. Prior to this meeting the only explanation/justification offered for the purchase of the water system by City of Eagle and creation of the LID were vague references to "concerns" of the DEQ and the description of a desire of the current owner of Eagle Water Company to sell his properties and retire. (Continued on page two) Page Two Nowhere is described any examination of other alternatives/options to this occurrence which under the proposed procedure is fait accompli. WHEREFORE PROTESTANTS URGE THE PROPOSAL FOR FORMATION OF SAID LOCAL IMPROVEMENT DISTRICT BE WITHDRAWN AND PETITION THE CITY OF EAGLE FOR A THOROUGH REVIEW AND ANALYSIS OF OTHER ALTERNATIVES OR OPTIONS IN A TIMELY AND TRANSPARENT PROCEDURE WHICH ALLOWS RESIDENTS AND WATER USERS A REASONABLE OPPORTUNITY TO KNOWLEDGEALY EVALUATE THE MERITS OF EACH ALTERNATIVE. Dated at Eagle, Idaho this 11th day of Septembe3, 2007. Robert L, Henry Norma J. Henry �/ Ct. 9':- /'- o7 Richard S. Edwards Paula A. Edwards 2266 E. Poppy Hills Eagle, ID 83616 September 11, 2007 City Clerk Eagle City Hall 660 East Civic Lane Eagle, Idaho 83616 RE: Protest to the Creation of L.I.D. No 2007-01 Dear Sir/Madam: This letter is to give you formal notification of our protest and objection to the creation of L.I.D. No. 1007-01 and to the manner of assessment or inclusion therein. We do not believe that adequate information has been provided to the public concerning the cost of this purchase to individual property owners. Nor do we believe from the limited information that has been provided that the cost is to be equally shared among land owners in the Eagle area while some areas are not to be assessed, e.g. Island Woods. It is our belief that due process is not being followed in this matter. Sincerely, )4/ ___ /2/J- i',/ Richard S. Edwards Paula A. Edwards September 9, 2007 Eagle City Council c/o City Clerk Eagle City Hall 660 East Civic Lane Eagle, Idaho 83616 Re: Local Improvement District No. 2007-1 To the Members or the Eagle City Council: cc c)7 I own property at the address indicated below that is proposed for inclusion within Local improvement District No. 2007-1 ("LiD"). The Notice that I received regarding the proposed LID was incomplete and ambiguous. Accordingly, I have numerous questions about the proposed LID, its impact on my property and my water rights, and the amount of any assessments I would be obligated to pay. Accordingly, I protest creation of the proposed LID and, in the alternative, would request that my property be excluded from the LID. It appears that the proposed LID may violate applicable Idaho and federal law, including, without limitation, Idaho Code Title 50, Chapter 17, and the due process and takings provisions of the Idaho and United States Constitutions. My questions and concerns include, but are not limited to, the following: 1. the Notice did not provide adequate information or description of the Project to be acquired and the City apparently did not undertake an adequate review of the need for the acquisition or of the value of the property to be acquired. 2. the extent to which the water rights for my property, including water rights for a private domestic well and for irrigation from Farmers Union Canal Company, would be affected by the proposed LID is unclear; 3. whether my property will be benefited by the proposed LID, whether it would be subject to assessments by the proposed LID and on what basis such assessments will be imposed also are unexplained; 4. the scheduled public "open house" on the proposed LID is not part of the official process recognized for the establishment of the LID and any such open house apparently shall not be part of the official public record in this matter and, therefore, is inadequate to correct any legal defects in the required statutory process. Sincerely, Signature PAairtr Print Name �o6() Los Lue..aro Property Address Eagle, Idaho 83616 9� /).- o 7 September 9, 2007 Eagle City Council do City Clerk Eagle City Hall 660 East Civic Lane Eagle, Idaho 83616 Re: Local Improvement District No. 2007-1 To the Members of the Eagle City Council: I own property at the address indicated below that is proposed for inclusion within Local Improvement District No. 2007-1 ("I.iD"). The Notice that I received regarding the proposed LID was incomplete and ambiguous. Accordingly, i have numerous questions about the proposed LID, its impact on nay property and my water rights, and the amount of any assessments I would be obligated to pay. Accordingly, 1 protest creation of the proposed LID and, in the alternative, would request that my property be excluded from the LID. it appears that the proposed LID may violate applicable Idaho and federal law, including, without limitation, Idaho Code Title 50, Chapter 17, and the due process and takings provisions of the Idaho and United States Constitutions. My questions and concerns include, but are not limited to, the following: 1. the Notice did not provide adequate information or description of the Project to be acquired and the City apparently did not undertake an adequate review of the need for the acquisition or of the value of the property to be acquired. 2. the extent to which the water rights for nay property, including water rights for a private domestic well and for irrigation from Farmers Union Canal Company, would be affected by the proposed LID is unclear; 3. whether my property will be benefited by the proposed LID, whether it would be subject to assessments by the proposed LID and on what basis such assessments will be imposed also are unexplained; 4. the scheduled public "open house" on the proposed I.ID is not part of the official process recognized for the establishment ot'thc LID and any such open house apparently shall not be part of the official public record in this matter and, therefore, is inadequate to correct any legal defects in the required statutory process. Sincerely, Si a (VVIDePtot... larr Print Name ,L\ U60 Los Lueerob Property Address Ea4c, Idaho 83616 (�c 9-7,�—v7 SEPTEMBER 11, 2007 ATTN: CITY CLERK EAGLE CITY HALL 660 EAST CIVIC LANE EAGLE, IDAHO 83616 RE: L.I.D. NO. 2007-1 DATE: SEPT. 11, 2007 TO WHOM IT MAY CONCERN: This letter is IN PROTEST to your proposed L.I.D. NO.2007-1 for the people in the city limits of Eagle, Idaho. I am completely against the expense and having you put a lein on my property. Shame on the City of Eagle. Signed by a 42 year resident of Eagle, Idaho e;-4d'A_, iii-CaUr LINDA L. MCQUEARY P.O. BOX 1145 EAGLE, IDAHO 83616 85 WEST BEACON LIGHT ROAD EAGLE, IDAHO 83616 (208)939-9156 v ar Sharon Bergmann From: MARC NORTON [mlbanort©msn.com] Sent: Tuesday, September 11, 2007 1:55 PM To: eaglecity Subject: LID proposal for open house and public hearing on 9/11 Good afternoon, Page 1 of 1 I am unfortunately unable to attend the open house and public meeting regarding the LID proposal for the City of Eagle to purchase Eagle Water. I would like to have my comments included so am sending this letter to that effect. I understand the reasoning behind the City's decision to attempt to purchase Eagle Water. I also understand, as the City's initial letter informing customers of Eagle Water of the City's intent to purchase stated, that such a purchase would benefit all customers, whether they be of Eagle Water Co. or not. I am also VERY aware that the purchase of Eagle Water will mean that my water bill will increase, not the vaguely "small" increase that the City suggested, but a whopping 300% from the current rate. I do not understand, however, the City's logic in only charging the levy to the current customers of Eagle Water and not across the board to all residents of Eagle. If it is a benefit to all, then all should pay. Had I come to the City and asked them to make such a purchase, then I would have no concern for the levy being assessed only against Eagle Water Customers, but I made no such request. I am happy with the service I have been receiving. I believe the City's current plan to only charge the levy to the current customers of Eagle Water is unfair. The City has acknowledged that their purchase of Eagle Water Co. would benefit all of Eagle. Therefore, all of Eagle should be assessed the levy to pay for the purchase of Eagle Water Co. While I don't like the fact that my bill will increase by such a large amount, I realize that it could be worse. But to be paying the City to take over my water service, and then pay the higer rates as well is simply wrong. I realize that you have already made up your collective mind about how this will all take place and that my opinion is not going to do anything to change that. I am giving my opinion in the hopes that perhaps you will understand that for many of us this is not the most fair way of doing business. As a resident of Eagle, I feel alienated and overly burdened so the City can make this purchase while other residents of Eagle are not being burdened at all but will also be benefitting from this purchase. This is an unfair taxation as it stands. Thank you for your time. The Norton Family 9/11/2007 September 11, 2007 Written Protest/Objection by Kathy Ball, resident of 2291 North Stonecrest Place (Lexington Hills) Eagle, ID. I am opposed to the creation of LID #2007-1 for the following reasons: ❑ It does not appear to "benefit" my current residence. I receive my water from United Water. I have never had a problem with water or water services since my house was built 8 years ago. However, I clearly see the inclusion of nay home, for tax purposes, would be of benefit to developers and future residences not yet built if this LID is created. ❑ The gerrymandering of the included properties does not make geographical sense. Why include large tracts of land south of the Boise River, but exclude Two Rivers and Island Woods subdivisions? All lands within Eagle City limits should enjoy inclusion in this venture. ❑ A proposal with this significance needs to be put to a vote by those impacted (the same way the addition to the Boise Airport Parking garage was determined—in a court of law—to need a public vote). I have no idea how much nay share of cost will be currently, or in the future. Thank you in advance for your consideration, Kathy J. B NAME EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET Local Improvement District (L.I.D.) No. 2007 - City of Eagle September 11. 2007 7:30 D.m. 1hAe,) ,-.7,K1-/„ Bb )L;if.,� ,197( ()jell LeJVcSUCIV AricliA_ '7;14 ka-,5 ffilaA__cy) zz. /ice ADDRESS/ TEL PILON MAI, q3q 3r7' Lo'� c,' WEi-6'U( pr`tl Vc_ J .7 ?,4oI cc.; 12-9 3 E. Cp_4rrd-w,Ar. L�-> �s-6i4 34' („crrg / Vick(1 830/ \4s2D, S--%\A„\k)a� \ X14 0\* /7) l �° 57/ S • /74/24,6/ /i9,t/ ‘37 eAtit--/6 S. e.ey-6-eaci-etAJAL c 1 TESTIFY YES/NO? PRO/CON No No 4)v Ad 1 b 26 s i< Es./4\ c Po fix //c(s , 4%0 CUA eo,t) Cam ..0 co if - /c Com NAME EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET Local Improvement District (L.I.D.) No. 2007 - City of EaEle September 11. 2007 7:30 D.M. ADDRESS/ TELEPHONE/E-MAIL �P4-1 big,.5e/M Pk/ llr,15.7rs--/`1 ickw;�r, 14-7“, tiCt b_ /21( _z. `,/") 1)/9'/. ,u 01 6 S• Y1Qa cc/ u� s- N y o c_ tci2r.4": o/ \ L` \ -qC 4h4, 1 5tiXA• 6Ut ate/GI. 1C711-(7' F 3 7 I) s- PA -/444 7.-Tn6,S 1 l4 tri��r TESTIFY YES/NO? PRO/CON 0 x/ 9 env \LO Cc /VO //1 EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET Local Improvement District (L.I.D.) No. 2007 - City of Eagle September 11, 2007 7:30 D.M. NAME A14)-2{2_& -610k14-11t,, 011 c ADDRESS/ TELEPHONE/E-MAIL Z2 `1 C �- z10 --b c2. Z''\//h/a/Zi\a A 2/1 .-351 ,) kadivtific ielZ % ,' !"'a Lf+1l F� /c Z 7� •/ / 4 7 5f A» t<icd.g.c A%,vittil NaVVY rigs a, &fr - V(:), 1 2 79Sc7// f atoS /l,/•. C C c� s!-r,cir) x%•39' Na116V 105 (FA 939- 3/ s / q31 Ib ,35 &I Pak.k. I/ C/ TESTIFY YES/NO? PRO/CON /'O ( J /7i Q 0 /t/C) CC k' csC 1! CI t.) CL (N PI Vl'\ CL j cT - Acj, GF.1Oise? F rJ e_ /6-5 . l . (' i7 -Y\ c 0. EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET Local Improvement District (L.I.D.) No. 2007 - City of Eagle September 11, 2007 7:30 p.m. NAME � A (2-)2A/c,( 1 ! tv 54 'v /\.\ /\ -'�=JZ ADDRESS/ TELEPHONE/E-MAIL ?27- TESTIFY YES/NO? PRO/CON Pv Ca,CALEsToiv,E wAy E AG �3q-464-5 '1:39 - F-71 moi 4. q76 JaAnfx S _72d le-ly/7 /_4, %l /L / G, C JCS -y; `) PIP SPK (G � S N0 W12COCA/ /jv Lf r lverrtUl C O/ C y%/J Cdr AiU Co xl s Wk(21) NAME 1c� EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET Local Improvement District (L.I.D.) No. 2007 - City of Eagle September 11. 2007 7:30 p.m. ADDRESS/ TELEPHONE/E-MAIL 7 w• CCf. �3�-r65 3 () ? A Lc- yt� ,1%j; 7c,ileC<? 7/ // 9Pec 9,/47-e:al 4.71e. *AS41,a/ZiSe /6O s z / A -/✓A'w r)`'tSEPs hrolL\ F7L.e 6600A— egg to , 'U( s9 c} 51)70()? J)z Th �1 P-f,-=;t-cAiU (f -q7 Li-- W mak, f/62f-�T+a_V,,J 22-,),„ 667 rvLckr\ TESTIFY YES/NO? PRO/CON Cpm N Nt \( s <<)() VcD, A/0 A)(_ 7 EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET Local Improvement District (L.I.D.) No. 2007 - City of Eagle September 11, 2007 7:30 p.m. NAME :4E(( ADDRESS/ TELEPHONE/E-MAIL 93 re H 's 7 t< s fid E. ; 2 // // i kp/i2J_ no N-1 s Po cr tcv/ovt zitv- j17-(-)&4.2 /9•/ L / J ► 2 �� a 5 3a n/ 00 C'wvG' 6,e 9 39 -x"/30 7/1z,ot PC1k (t)_ 7/3,4 -Sfi- l e 0/ e -L -L-) TESTIFY YES/NO? `�E S yes ,su-h y c -s 4)/e `1 (-!p o `7 0 a act &) 3- uech.Qo1- P� n.i7cc.��1��` (-)4/-w Z Air-AJA u --&(E. 300 iv r �r ei,e q:cJ - 3n < otiz._ � . (73y -76,E; I�Gt n (tom PRO/CON 61/\- d 6,2 ce-) -c! et)t ✓`- Ce;__D 064171..-€4--1) EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET Local Improvement District (L.1.D.) No. 2007 - City of EaEle Sentember 11, 2007 7:30 n.m. ADDRESS/ NAME TELEPHONE/E-MAIL / /2 (' c iv ' .--_ii'- -??C ?yr, J1 (I v\ Lot:1)cl N Rc_,L),,-4— 1la14r1 113 h1 � �� j l,( gc) / 6 C 5 >(-) ' — S•; r.►,k, 6 `'35- •—(i��. 6 2,, %. � /-//< Czrraillzi- L+ 9 9_ 2/7 ,6; L.,uu'yll r,} ti -17iu ci� L0 i TESTIFY YES/NO? PRO/CON ' L% 92c) 497, `• EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET Local Improvement District (L.I.D.1 No. 2007 - City of Eagle September 11, 2007 7:30 p.m. NAME of IE'OiNv ADDRESS/ TELEPHONE/E-MAIL q39 - c-0 LOBI ( - dawn C G7�iyz,� TESTIFY YES/NO? PRO/CON �J C S EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET Local Improvement District (L.I.D.) No. 2007 - City of Eaele September 11, 2007 7:30 p.m. NAME 001c ; tdr4dq4 (1,0A611) -O .J r4dq c4,4,_i 0,,_ •0 414 Pik ry '4'/VI' shy ADDRESS/ TELEPHONE/E-MAIL 2 I W. 5c: 41-4 Eq4/'f, .tdv,t/'f TESTIFY YES/NO? PRO/CON kle_to-e 174 i OD Loti .6-e,,74 OCQ E./tie w. 5 t4,6et ;sc'-- ha oum- 2-6 S AT -I -LPN - L-4 yes t>` a445 b #2-1. rte ► r.Dai-eGE _ L ( / h; C csa.G lc c k 'rev- -'�0 L%fir%, hemi C c= v 13 (41, z9y glto L /ems (j 6, F' clink / rte: 7 It/ /( F ✓ /1/V C /V 4'V ,i iN W O,iJ" / 6 L EL. dvxd z- 1/2/ `v c_cn. U nJco '1 04•- EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET Local Improvement District (L.I.D.) No. 2007 - City of Eaele September 11, 2007 7:30 p.m. NA4E, 7.114°71/1-11:1-6 ani -Tire 5a /0 clic /as pert) 4-(kVi<Py'ktAr.� ADDRESS/ TELEPHONE/E-MAIL 970 E lia(l uo/( 064 Q36SC yerh , Crnr 9" / t40, /13 93k- Q4- / 21i1e CAii 11Y1' i",`rk;%c c ,' f� �C�IV1 r(trZr' (YIk1A-Li,r/ 1.1(3(4,i:7 . co -r' cs a .tom 2,364 TESTIFY YES/NO? Yas COv NC' C oN Ccs ►'V 0 Co Lk,' Coy) 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: September 11, 2007 7:30 p.m. NAME --� eCC &.CAisn PcCPf ADDRESS/ TELEPHONE 3o4 -('y ��5� tt �iF��- 47,4 t;i) 1(1410 /if i ib“CO,/ ' D 1\1) . Page 1 of 11 \COUNCIL\AUtiNUA\CCSIGNUP WPI) TESTIFY YES/NO? PRO/CON o Pio v NAME EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET Local Improvement District (L.I.D.) No. 2007 - City of Eagle September 11, 2007 7:30 p.m. p/o /(u (((d kt'12;. tiV 3 S t i S("77 ?‘,C IAS SAAB,./,../ / J' c /(e' C p) Ft' cI —) ADDRESS/ TELEPHONE/E-MAIL ,p(07( (d r 4,71VD6 �C -n v - T TESTIFY YES/NO? PRO/CON 4z c�pdd r�.'c T l�Zl{ Ak&ioN i� Co (q0DE( N (-16712 VES .z_ � 6- ,)•jo) - N.v/tx,-rjes.4- /o-3 s76 (/ &&/ Q/e )„ / I N 4 D -L \J 0 ye_s Ye S s % e!' • EAGLE CITY COUNCIL PUBLIC HEARING SIGNUP SHEET A-13-07/RZ-17-07 - Annexation and Rezone from RUT to PS for Eagle Island State Park - Idaho State Department of Parks and Recreation and the City of Eagle September 11, 2007 7:30 D.M. ADDRESS/ TESTIFY TELEPHONE YES/NO? PRO/CON NAME Page l of 1H1:1000NCILIAGENDAICCSIGNUP. WPD EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET ?V- 5- d - 6l,O, 1 NAME ..: hhB. I I wr•1s�r. ,alum.,..- September 11, 2007 7:30 p.m. ADDRESS/ TELEPHONE/E-MAIL TESTIFY YES/NO? PRO/CON EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET A-10-07&RZ-12-07 - Annexation And Rezone from RUT to R -E -DA — Tim Johnson September 11, 2007 7:30 a.m. NAME ADDRESS/ TELEPHONE J,/1� a.�y.V /0Lt1itto 5, Jai/ V (1'117-4-(-\ r ri 1 Cr !e f1 CCn; LT t -r7 GSI) Page 1 of 11 1COUNCIL\AGENUA\CCSIGNUP WPD TESTIFY YES/NO? M./CON C RECEIVED & FILED CITY OF EAGLE SEP 1 12007 File: DA Route to: FA'Z/ Mayor Merrill and City Council 660 E. Civic Lane Eagle, Idaho 83616 9—,,--' 7 Kathy Pennisi & Stephen Dick 3675 N. Saddleman Place Eagle, ID 83616 September 11, 2007 RE: CPA -5-07 – COMPREHENSIVE PLAN AMENDMENT FROM RESIDENTIAL ESTATES TO RESIDENTIAL ONE I would like to weigh in on the proposal to amend the comprehensive plan to allow R1 zoning in an area designated as RE. Allowing this plan to go forward would set a dangerous precedent for the City. As you well know, the rural areas within our existing comprehensive plan (R1, RE and RR) have been under "attack" for years by developers anxious to squeeze in as many units as possible into their plans. The claim usually being something about property rights and financial obligations. However, in most cases, the developer knew the comp plan designations when the land was purchased. In addition, the very fact that Eagle has maintained a rural atmosphere by providing low-density areas radiating out from the city core, adds to the value of all homes/property in Eagle. As a past participant on the Land Use and Transportation committee for the 2000 comp plan updates, I went to all the hearings where the public provided input and voiced their concerns. They stated in no uncertain terms that once the plan was decided on, they wanted the City to vigorously back it. Quite frankly, I (and the citizens of Eagle) are tired of defending this document. We want to be assured that our City leaders care about it as much as we do. After all, this plan represents our future – and when all is said and done, we want Eagle to maintain the rural character that made it so special to begin with. Adherence to the comp plan is instrumental in achieving that goal. We have already lost the RE designation between Park and Meridian (north of Floating Feather) to R2. That was a huge blow to those of us who worked so hard in the 2000 plan updates to protect the rural nature of that area. The City lost a lot of its credibility when that happened. Please don't let it happen again. I know I don't need to tell you that once something like this passes, the City will be inundated with similar requests and "build -out" will look nothing like the plan we currently have in place. I hope you will follow the recommendations of P&Z and staff and deny this application. Thank you for your consideration. Respectfully, Kathy Pennisi cc KENT FREITAG 2924 W. Floating Feather Rd. Eagle, Idaho 83616 September 11th 2007 To: Eagle City Planners and Counsel Members, RECEIVE® & FILED CITY OF EAGLE 1/ SEP mal �il�:.rrt - CSS - O ROWS to: Tt Regarding; "CPA -5-07 - Comprehensive Plan Map Amendment from Residential Estate to Residential One - Mark Beckman" I cannot attend the public hearing on September 11, 2007. I request that in my absence this be read or placed on record. I am the property at 2924 W Floating Feather. I am in favor of a re -zone to R-1. At one time my property and the surrounding properties were the smallest lots in the area. Over the recent years surrounding developments have changed this so that we are now the largest. We now are the ones that don't fit the neighborhood profile of well maintained one acre lots. We would like to have a one acre development similar to our neighbors to the south for several reasons. • Given the increasing lack of available water in the valley one acre lots are a much better use of our natural resources. • As our local population increases one acres lots in this area would help to reduce urban sprawl and still keep the countryside atmosphere many are fighting to maintain. • A one acre development would allow for much better site and landscape improvements than would the current zoning • We are neighboring a one acre subdivision. • Because the process of redevelopment has been started with the neighboring "Pumpkin Patch Development" it is very likely this will continue with all the properties in this area. We now are organized as a group and working together for a plan that will allow us to develop the area in a manor which will allow us to continue living in our current homes and in a neighborhood that fits the community. Thank you for taking the time to read this letter. I know it is never an easy decision to change a Comprehensive Plan. I do feel in this instance it is the right thing to do for the city. Best Regards, Kent Freitag My husband Terry and I were married 30 years ago this past May. We have lived all but two of those years here in Eagle and raised our five children on the family farm that my husband and his father were also raised on. When that farm was lost to foreclosure, we looked very hard to find somewhere here in Eagle that we could afford, with a little land for Terry to farm. When we purchased our place, the only subdivision around us was the first phase of Cantebury to the back of us. We loved the open space, the ability to watch the beautiful sunset out of our front window and the quiet little street that came with our home when we purchased it. Soon Phase two of Cantebury started, then Cavallo. We now have Subdivisions on three of our four sides. The developments that have come in around us have made it impossible to get enough water to irrigate our 5+ acres and have caused our taxes to increase to the point that in order for us to make our land generate some kind of return, we have to develop it. Terry and I Love Eagle, we love living here, it is our home, and we hope to stay here till we die. Most of the people that have moved into homes in these subdivisions have come from places other than Eagle and in many instances have moved from other States. We have heard it said on numerous occasions from individuals around us " Now that we have made this investment in our beautiful home, we don't want any one else to develop land around us." We have seen several of those with the loudest voices who have already moved away. We are asking that Eagle City approve our request to allow the comprehensive Plan to change providing us the ability to develop 1 acre lots. It has already been done all around us and would make a nice transition from the other 1 acre development on the South of us and the other two acre developments around us. Thank you, Nancy Harris 1628 N. Meridian Rd. Eagle, Idaho tlharris From: IdahoAndersons@aol.com Sent: Tuesday, September 11, 2007 5:58 PM To: tlharris Subject: Re: FW: Eagle City Council Meeting September 11, 2007 To: Eagle City Council From: David and Kristi Anderson 3596 W. Fieno Ct. Eagle, Id 83616 Dear Members: c;0.,/,7__--0 7 As a resident and past president of the Cavallo Home Owners Association, I am in support of the proposed zoning change on the property north of Floating Feather and east of Meridian Road. I think that 1-1.5 acre lots would be a nice transition to the surrounding subdivisions. Sincerely, David and Kristi Anderson See what's new at AOL.com and Make AOL Your Homepage. 9/11/2007 V\A.y n. vvIR ( ?"'//"-° 7 i 5 cru s c S 1 ( *v_E, �� t LiSk ( C o V� +r (�1 f'' W O p C w e e S v.bd i v (' S L_JL)-c 4 Ct ((o w 5 c5 4 -eq`Ge 5 S v 44- s vv,c c z wek op &Q S. c tr-c- , a c c v --e (c $ • (,-e tr) 4 tA-t 5 w S u lJ 81 v t• s(c)v)• r -c o W\ —Cc.) - �. 5 c 5 (2 (A. a -E- c . L 4c, U 5. ouv o vc-4- b u f d (k.k.5 t�C1 _4- caleNc(sc'ck1A . b -+ 4 ('- i Cco •r c e v .--Co .r c. c C C (2.5 54c y S 42(74- 5 2P-4- 5 -2-e ? (� �- � t v" --e V\A-o o„ (C ca ( rte s -c ---f- I.� , (rLe C- (Zb t o h y (.5(.4:3•A ( 5 t... -2A ` 1 G (C�-t S s r wt t ,-- Vt-2 L � v_ pJ C� 1 Cornu,` 9 k -t k) o k CD c� � o v (t ( See 4 �k _ ( S t Jl 6) C' Su—Le- 4 D V k a O cn (At:vi-e tCiv, (nom. & e -- L T2 -e Q «, • rY, • __ _ September 6, 2007 Eagle City Clerk Eagle City Hall 660 East Civic Lane Eagle, Idaho 83616 Dear Eagle City Clerk, RECEIVED & MML.. _. . CITY OF EAGLE SEP 0 7 2007 Fife: Route tn• REF: OBJECTION TO LOCAL IMPROVEMENT DISTRICT NO. 2007-1 Correction to previous letter sent September 1 2007 (High lighted) The purpose of this letter is to file an objection to the proposed LID No. 2007-1 and request exclusion from assessment. My house, located on 1.1 Acres, was built in 1977 with a well to provide potable water. The original well serves the needs with adequate pressure of quality water. I have been at this residence since 1985. My residence has never been dependant on the City or Eagle Water Company for water, nor am I interested in supporting the new LID No. 2007-1,from which I will not benefit. Please consider this formal objection to LID No. 2007-1 and again, I request exclusion from any assessment to my property located at 494 N. Edgewood Lane in Eagle. Thank you for your attention to this matter. Sincerely, Ray Stephens 494 N. Edgewood Lane Eagle, ID 83616 (208) 939-8447 cc: Michael Stephens File i E.Q.le 7:cD A -HJ r7= City eUk! Subi 8C -i" L Zj71-'1 &2O7- Fromm - Hr and Hes, 1A41/;a01 F Mar+ 837 a l9'ec I � h ess Di-, &Tie, lcice fir, 8361.4 - 472.9 � ZOO 7 VC1CP RECEIVED & FILED CITY OF EAGLE SEP 0 7 2007 File: Route to• CUrpr^o,p P('/'-(G,f t//s' U/ t ��I ! {'7 '�{'1 � bcL'?cfcr, �S a -P !rim p;^aPos �ci 6ura�-��-- proje c-1-, 0/2 e receseNi tv e ��ra��r-f was flcg a welt /u- bv'cetek--, add Would n o+ have mc�n�fl�� +a��-fe� h 11. We c2ve._ 1/64 SeviivrS 4oc1 Iite 0/7 a 4X'c/ ;fic_ovnee ,Since u?e loco)e t1,► e (( weCfe r �1�.-- we_ re hctpj ) Lu e see no Ei e -e. 40 becr 46E co Qf 4. bl%LE-C'ir' Sy:S+eh'1 J We do hore -61.e 6k/ce'Lw1c .j IwiIl rc_cpnZ� -1-1�1-E -�►ev�-e a ��-� � n c� i �c�L°gI o uun evs who hc((Je_ LU eI(s. avid U o 110+ n ee -1"0 bc cessesseci et d ct`c-ti o hCej cci48 sfq(lafic, Cos --4-5 sziffew) +11Q-(--- -Fkel don+ eed, [ereiy n vg's. -*/ Zap), „Y Mr & Mrs William Hart 837 Preakness Dr Eagle, ID 83616-4729 Owyhee Real Estate Holding, LLC 1075 S. Ancona Avenue Eagle, ID 83616 September 5, 2007 City Clerk Eagle City Hall 660 East Civic Lane Eagle, ID 83616 RE: L.I.D. No. 2007-1 RECEII% & FILED CITY OF EAGLE SEP 0 7 2007 Flier Routs to. Our company owns real property within the boundaries of the proposed Local Improvement District No. 2007-1. Our shareholders are unanimous in opposing the creation of this L.I.D. If the City of Eagle desires to acquire Eagle Water, they should do it in a way that does not coerce existing Eagle Water customers into financing their acquisition activities. At the time we obtained water service, we paid Eagle Water an equitable connection fee and have subsequently paid a monthly service fee. Upon successful connection to their system, we have had zero issues with the service Eagle Water has provided. We are keenly aware of the animosities that exist between the City of Eagle and Eagle Water. However, making us part of the financing vehicle to solve your conflict is disingenuous. There are other legitimate avenues to deal with service issues alleged against Eagle Water short of acquiring them. Our Company, its members and their affiliates will be vocal opponents of creating L.I.D. No. 2007-1. We remain firm that no discernable benefits from this L.I.D. will accrue to the overwhelming majority of Eagle Water customers. Michael McLaughlin Owyhee Real Estate Holdings, LLC Member RECEIVED & FILED - CITY OF EAGLE StI 1 u 2007 City Clerk, City of Eagle, ID File: Route tfl• September 9, 2007 Re: Creation of the LID for the city of Eagle to purchase the Eagle Water Company My understanding is that unless 60% of the homeowners who received the notice of creation of the LID (22 August) protest and object to the creation, the city can go ahead with creation of the LID. My understanding also is we must submit a letter to the City Clerk by 7:30 PM on Tuesday, 11 September 2007 protesting/objecting. We protest this creation of the lid and also to the assessment. For an item this big, we feel there should be an election. We also object for the following reasons: • We have not been provided sufficient information on which to make an educated decision • Many homeowners to be assessed do not get their water from the Eagle Water Company (we get ours from United Water) • Why are many areas of Eagle not included in the parcels to be assessed (such as Island Woods and Two Rivers subdivisions)? • We do not believe due process is being followed. Sincerely, William P. and Nancy L. Jacobs 1610 N. Watson Way Eagle ID, 83616 Real Estate Services, Inc. 658 N. Palmetto Eagle, ID 83616 Phone: 208/861-4048 Fax: 208/939-3128 City of Eagle, (RECEIVED & FILED CITY OF EAGLE SEP 1 0 2007 File: Route to: September 8, 2007 I am writing this letter to express my opposition to the proposed acquisition of the Eagle Water Company. I have discussed this with several neighbors and they are also opposed to this horrendous amount of expense. We feel this is the wrong time and place to put an encumbrance on each of our properties, since some people got caught in the buy frenzy and some people want to sell and retire. Property has most assuredly depreciated and we feel this would be a long term hardship not knowing when the market will return. We ill consider cir - 'ng a petition if the City continues without a vote of all the people. el Santopolo RECEIVED -it -FILED CITY OF EAGLE Std' i 0 2007 File: Route tn• September 7,2007 To whom it may concern at the city of Eagle, We are writing to complain, protest, and object in response to a letter we received regarding the creation of L.I.D No. 2007-1 .We live at 1248 Pimlico Dr. Eagle, Idaho, in the Downing Downs subdivision off of Floating Feather Rd. This subdivision, and in particular, our residence and property at 1248 Pimlico Dr, has been improperly included in this L.I.D. No. 2007-1 proposal. As we understand this, it is a water system improvement including water supply and delivery. Our property at 1248 Pimlico Dr. has and has always had a private well which we maintain through our own private funds. We have never had city water or any type of city help for our personal water supply. How you would expect us to improve and maintain a water system which we have no benefit from, and do not use is our complaint and objection.Downing Downs has been hit hard with increased property taxes in the last few years due to our close proximity to new overvalued subdivisions which no one is buying and only developers can hope to sell for extrodinary prices. To now include us in some water system improvement which we do not use, have never used, and do not plan to use in the future is unbelievable to us.We are hard working individuals who would like to continue living in our home but have felt undue duress from the doubling and tripling of property taxes to now this absurd inclusion in some water project that we will have nothing to do with . We are against the water project and more importantly protesting and objecting to our inclusion in this water project. Sincerely, Mr. and Mrs. Robert Goodwin 1248 Pimlico Dr. Eagle, Idaho 83616 CITY OF EAGLE SEP 10 2007 File: Route to. Date: 9/6/2007 To: City of Eagle From Donna Weast, 167 N. Taylor St., Eagle Idaho 83616 Subject LID No. 2007-1 I am writing this memo to protest the inclusion of my property (167 N. Taylor St.) in the proposed LID No. 2007-1. My subdivision is on a community well and we have good clean water at a very reasonable rate - $15 per month for all water usage including household and irrigation. This LID will not be of benefit to me or my subdivision neighbors as it will cost each household several thousand dollars to create the LID as well as an ongoing monthly water bill that will most likely be 3, 4 or more times greater than our current monthly water bill. I hope that you will take into consideration my request to not be included in this LID No. 2007- 1. REC iVOTPIC CITY OF EAGLE SEP 10 2007 File: Route to• September 7, 2007 City Clerk City Hall 660 East Civic Lane Eagle, Idaho 83616 To Whom It May Concern: We object to and do not support the proposal to assess our property for the purchase of the Eagle Water Company. We think that it is unfair and unnecessary for us to have our water bill increased and also pay a levy on our property. Why should we pay for future growth? Developers should bear the burden of this acquisition. Sincerely, Paul and Debbra Dillon 587 E Ridge Drive Eagle, ID 83616 10 September 2007 Eagle City Clerk City Hall 660 East Civic Lane Eagle, ID 83616 RECEIVED & FILED CITY OF EAGLE SEN 10 2007 Fife: Route to• Subject: Protest Local Improvement District (LID) No. 2007-1 To Whom It May Concern: Please accept this letter cis evidence that we are NOT in favor of the creation of LID No. 2007-1 and are submitting this letter of protest before the 7:30 P.M., 11 Sept -ember 2007 dine. We have a number of concerns. The primary ones are as follows: • We have not been provided sufficient information on which to determine if we are in favor or rat. o We do not understand why we are included in the LID when we are not recipients of water from the Eagle Water Company • A number of other areas and subdivisions, such as the Island Woods and Two Rivers subdivisions, are not included in the proposed Lib. • We do not believe due process is being followed in the creation of this Lib. If you need to reach us, please use the contact information below. Stephen P. Fogdal Physical Address: 1640 N. Watson Place Mailing Address: PO Box 1361 Eagle, ID 83616 208-938-4368 (house phone) 208-373-1076 (cell phone) cc: Fogdall Electronic File Bonnie C. Fogdall File: Route tc 4 September 2007 Sell I o L.ul Evans Water Corporation and Homeowners Association Request to be excluded from Eagle City Local Improvement District No. 2007-1 We, the property owners of the Evans Water Corporation and Homeowners Association, respectfully request to be excluded from the City of Eagle Local Improvement District No. 2007-1. Our neighborhood, Evans Sub No.2 and Evans Sub No.3, is being adequately served through our private corporation water system. Our water system is state certified and the membership pays dues and fees to operate and maintain DEQ and state certifications. As such we feel inclusion in the local improvement district would be an additional and unfair burden. Our membership is currently under the burden of an existing local improvement district for the installation of sewer mainlines which was entered into only two years ago. Again we respectfully request to be excluded from the City of Eagle Local Improvement District No. 2007-1. Attached please find a copy of our certification of our state certified water protection plan and a copy of the proposed City of Eagle L.I.D. No. 2007-1 map highlighting our neighborhood. Name Address Signature L&A Aa 3460 Zoi-(316 eYttrvo -0\kc,ya jf,Ln Vi`t47.1\ Liq 1 12eyte,RiaP, C � .14er N.,v‘iraNILey tts.httP5 o—c � 4 September 2007 Evans Water Corporation and Homeowners Association Request to be excluded from Eagle City Local Improvement District No. 2007-1 We, the property owners of the Evans Water Corporation and Homeowners Association, respectfully request to be excluded from the City of Eagle Local Improvement District No. 2007-1. Our neighborhood, Evans Sub No.2 and Evans Sub No.3, is being adequately served through our private corporation water system. Our water system is state certified and the membership pays dues and fees to operate and maintain DEQ and state certifications. As such we feel inclusion in the local improvement district would be an additional and unfair burden. Our membership is currently under the burden of an existing local improvement district for the installation of sewer mainlines which was entered into only two years ago. Again we respectfully request to be excluded from the City of Eagle Local Improvement District No. 2007-1. Attached please find a copy of our certification of our state certified water protection plan and a copy of the proposed City of Eagle L.I.D. No. 2007-1 map highlighting our neighborhood. Name Address Signature �nzs�r ,-/: p` i?(P f,tes5eL5 y77 6eA/Le rot. ger ‹Agron /7(19.42el. r2Rk.thwtootPe6-R_R-4,-DC13&-.Ce [k.�, e)ez.i: 2-2-E3 SAdre) 4 September 2007 Evans Water Corporation and Homeowners Association Request to be excluded from Eagle City Local Improvement District No. 2007-1 We, the property owners of the Evans Water Corporation and Homeowners Association, respectfully request to be excluded from the City of Eagle Local Improvement District No. 2007-1. Our neighborhood, Evans Sub No.2 and Evans Sub No.3, is being adequately served through our private corporation water system. Our water system is state certified and the membership pays dues and fees to operate and maintain DEQ and state certifications. As such we feel inclusion in the local improvement district would be an additional and unfair burden. Our membership is currently under the burden of an existing local improvement district for the installation of sewer mainlines which was entered into only two years ago. Again we respectfully request to be excluded from the City of Eagle Local Improvement District No. 2007-1. Attached please find a copy of our certification of our state certified water protection plan and a copy of the proposed City of Eagle L.I.D. No. 2007-1 map highlighting our neighborhood. Name Address Signature �Rvaln Of5er m 31 5 2elL PL Eqrz, 49.42m2C- c_.; )-4c 21-2-\ CiL -CA M QR 5,72. aD f13 S/�6 Zalf?' ('Clcp‘ G2 iqq9(.4S. ;OW( 60.E_ IL S36,1(s. 4 September 2007 Evans Water Corporation and Homeowners Association Request to be excluded from Eagle City Local Improvement District No. 2007-1 We, the property owners of the Evans Water Corporation and Homeowners Association, respectfully request to be excluded from the City of Eagle Local Improvement District No. 2007-1. Our neighborhood, Evans Sub No.2 and Evans Sub No.3, is being adequately served through our private corporation water system. Our water system is state certified and the membership pays dues and fees to operate and maintain DEQ and state certifications. As such we feel inclusion in the local improvement district would be an additional and unfair burden. Our membership is currently under the burden of an existing local improvement district for the installation of sewer mainlines which was entered into only two years ago. Again we respectfully request to be excluded from the City of Eagle Local Improvement District No. 2007-1. Attached please find a copy of our certification of our state certified water protection plan and a copy of the proposed City of Eagle L.I.D. No. 2007-1 map highlighting our neighborhood. Name Address Sicanature _RP,teiJ E , 13" A40 ilizljr./ Pia4z./M;v: 221.ori,.cb, cr. c..., 1D g3,,,. )iuld.tua ci„.,vlri --Wm Ul.o/v ZZSZ E, bd4f s (4)t (0 ..(&,...orm4st iNdy-0( Cif fl k 7/404/2? bff:-.( 14/i, 4 3.0,t6/ 0 .,,,,,, c t,p.e4., , a 0 . 4 September 2007 Evans Water Corporation and Homeowners Association Request to be excluded from Eagle City Local Improvement District No. 2007-1 We, the property owners of the Evans Water Corporation and Homeowners Association, respectfully request to be excluded from the City of Eagle Local Improvement District No. 2007-1. Our neighborhood, Evans Sub No.2 and Evans Sub No.3, is being adequately served through our private corporation water system. Our water system is state certified and the membership pays dues and fees to operate and maintain DEQ and state certifications. As such we feel inclusion in the local improvement district would be an additional and unfair burden. Our membership is currently under the burden of an existing local improvement district for the installation of sewer mainlines which was entered into only two years ago. Again we respectfully request to be excluded from the City of Eagle Local Improvement District No. 2007-1. Attached please find a copy of our certification of our state certified water protection plan and a copy of the proposed City of Eagle L.I.D. No. 2007-1 map highlighting our neighborhood. Name Address Signature gele-t• 1111MS a3e, Lf40le DR. f.�cG I� 63616 �►- ..� 04.viiI--z etas Z7o ( r. E fc, dg-3CIC ,s 2.3 2-4 s -ot 4—ry ti vii ( l ovt. kp_irre fiQ --4tfr`e% 6-4.6. TO en f 4 September 2007 Evans Water Corporation and Homeowners Association Request to be excluded from Eagle City Local Improvement District No, 2007-1 We, the property owners of the Evans Water Corporation and Homeowners Association, respectfully request to be excluded from the City of Eagle Local Improvement District No. 2007-1. Our neighborhood, Evans Sub No.2 and Evans Sub No.3, is being adequately served through our private corporation water system. Our water system is state certified and the membership pays dues and fees to operate and maintain DEQ and state certifications. As such we feel inclusion in the local improvement district would be an additional and unfair burden. Our membership is currently under the burden of an existing local improvement district for the installation of sewer mainlines which was entered into only two years ago. Again we respectfully request to be excluded from the City of Eagle Local Improvement District No. 2007-1. Attached please find a copy of our certification of our state certified water protection plan and a copy of the proposed City of Eagle L.I.D. No. 2007-1 map highlighting our neighborhood. Name Address • j . '36-, I J)e-C. Gag-rs-N1J Z(C- r_r/E-e6 76* %u._t4_> �x'2 T2s p_rcjo--- 44/16PAA) STATE OF IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY 1410 North Hilton • Boise, Idaho 83706 • (208) 373-0502 C.L. "Butch" Otter, Governor Toni Hardesty, Director STATE CERTIFICATION OF EVANS WATER CORPORATION DRINKING WATER PROTECTION PLAN PWS# 4010055 The Idaho Department of Environmental Quality document entitled Protecting Drinking Water Sources in Idaho, August 2000 describes how the State of Idaho will meet the Drinking Water Protection Plan goals of the Safe Drinking Water Act Amendments of 1996. Pursuant to the above referenced guidance, Drinking Water Protection Plans that address all required elements will be designated as "State Certified Plans." With this document, the Idaho Department of Environmental Quality designates as certified the Evans Water Corporation Drinking Water Protection Plan. DATED this 29th day of June, 2007. Toni Hardesty Director NAD 83 nuu4v0 IsaliaGTOR PJ rnuwr iwawrnwo CO. CITY OF EAGLE LOCAL IMPROVEMENT DISTRICT NO. 2007-1 MAP 0 0.15 0.3 0.6 0.9 t... - ,..]Miles Drawing Date: July 18 2007 Am -GIS 92 Source: Ada County Baumap .Keno 2007 Nom: LID is an abbrovu6on br Loeat 4eprovsmffit DisoeN Legend ® LID BOUNDARY PARCELS Eagle R1Ver,LLC September 10, 2007 K. Bergmann, City Clerk City of Eagle 660 East Civic Lane Eagle, ID 83616 RECEIVED & FILED CITY OF EAGLE SEP 10 2007 File: Route tr • A. Ennis Dale Senior Vice President General Counsel edaleOOrossmancompany.com Re: Local Improvement District No. 2007-1 Dear Ms. Bergmann: Although Eagle River, LLC has long viewed itself as the City's partner and would very much like to support the City of Eagle in the acquisition of the assets of Eagle Water Company and the formation of Local Improvement District No. 2007-1 ("LID"), we must protest the formation of the LID and otherwise object to LID for the reasons set forth below. Eagle River developed the Eagle River Project at the South East corner of Highway 44 (the Eagle By -Pass) and Eagle Road which is within the boundaries of the proposed LID and continues to own substantial portions of this project. Eagle Water Com- pany.provides water service to the Eagle River Project. As a condition of providing this service, Eagle River was required to construct and to contribute to Eagle Water Company the water distribution infrastructure and related facilities necessary to provide this service. The cost incurred by Eagle River to con- struct the distribution infrastructure and related facilities was approximately $350,000. As a result, it is fundamentally inequitable for Eagle River to be required to pay for these same assets a second time as the result of the formation of the LID. In addition, Eagle River protests the formation of the LID for the following reasons: 485 East Riverside Drive • Suite 100 • Eagle, Idaho 83616 • (208) 938-4270 FAX (208) 938-4272 K. Bergmann, City Clerk City of Eagle September 10, 2007 Page 2 1. Lack of Authority. It is not apparent from the Local Improvement District Code that the City is authorized to finance its acquisition or pur- chase of an existing domestic and/or irrigation water facility through an LID. Idaho Code 50-1703 enumerates the City's powers with respect to the use of an LID to acquire or develop public improvements. Section 50-1703(a)(6), which expressly addresses water facilities supplying water for domestic, irrigation and fire purposes, grants the City the power to "cover, fence, safe- guard or enclose reservoirs, canals, ditches and watercourses and to construct, reconstruct, extend, line or reline, maintain and repair" such facilities. However, Idaho Code 50-1703 does not empower the City to purchase or acquire existing facilities. Section 50-1703(a)(11) does grant the City authority to ac- quire by purchase or otherwise any real or personal property within the city limits that the City Council deems "necessary or convenient in order to make any of such improvements or other- wise to carry out the purposes of [the LID statute]." This sec- tion might be construed to allow a city to acquire real or per- sonal property necessary to allow it to "cover, fence, safeguard or enclose reservoirs, canals, ditches and watercourses and to construct, reconstruct, extend, line or reline, maintain and re- pair" an existing domestic and irrigation water facility. But it does not authorize acquisition or purchase. Where acquisitions and purchases of improvements are per- mitted, the statute does so only with respect to discrete im- provements: See 50-1703(a)(2) ("to purchase, acquire. . . curbs gutters, drains. . ."); (a)(3) ("to purchase . . . sidewalks, crosswalks, driveways, sanitary sewers. . . for sanitary and drainage purposes"); (a)(7) ("to acquire. . . parking lots. . ."); (a)(8) ("to acquire parks and other recreational facili- ties"); (a)(14) (to purchase . . . parking facilities . . ."); (a)(15) ("to acquire . . . irrigation systems"). Absent Idaho legal authority for the City to fund its in- tended acquisition of an existing water system using an LID, the City should not incur the expense to property owners within the boundary of the proposed LID, nor incur the potential liability for exceeding its authority under the statute. 485 East Riverside Drive • Suite 100 • Eagle, Idaho 83616 • (208) 938-4270 FAX (208) 938-4272 K. Bergmann, City Clerk City of Eagle September 10, 2007 Page 3 To the extent the City Council determines it is in the best interests of the City and its citizens to acquire Eagle Water Company assets, it should do so as a general obligation of the City, not an LID. Eagle River would support the City in acquir- ing the assets of Eagle Water Company as a general obligation, but we can not through an LID. 2. The Notice of Intention to Form the LID is defective. Idaho Code Section 50-1707(c) requires that the notice of intention to form an LID state the method which the costs will be assessed against the property within the district. Although there has been a discussion of utilizing a "residential equiva- lent" method, the notice provided is totally void of any refer- ence to the method of allocation. Furthermore, whatever the se- lected method of allocation, there can be no benefit to those within the boundary of the proposed LID currently receiving wa- ter service from Eagle Water Company as the result of the "pur- chase" of the assets of Eagle Water Company. However, there could be a benefit to those within the district to the extent any of the proceeds of the LID are used to "improve" the exist- ing system. 3. Eagle River already has paid for the benefits it receives from the water facilities. As stated, Eagle River already has paid approximately $350,000 to construct that portion of the improvements that the City now proposes to purchase through LID which "benefit" the Eagle River Project. In consideration of that expenditure, Ea- gle River was connected to the Eagle Water Company water system, and has continued to receive the full benefit of that access to the domestic water supply. The fact that the City may become the new owner of the wa- ter system would not provide any quantifiable benefit to Eagle River. In fact, our experience is that rates for utility ser- vices typically increase when the service is assumed by a mu- nicipality through annexation or otherwise. Eagle River understands that certain Eagle Water Company customers may not have received acceptable service (i.e., inap- propriate water pressure, or interrupted supply) from the Com - 485 East Riverside Drive • Suite 100 • Eagle, Idaho 83616 • (208) 938-4270 FAX (208) 938-4272 K. Bergmann, City Clerk City of Eagle September 10, 2007 Page 4 pany in the past, and that the City intends to improve the sys- tem with a small portion of the proceeds of the LID. If the intended benefit of the proposed acquisition is more reliable service, water pressure, etc., for Eagle city residents within the LID, then only those lands that actually are benefited should be assessed, and their obligation should be to pay, at most, only for the incremental cost of improving service, not the acquisition of the existing system, which in itself provides no additional benefit to any of the lands within the proposed LID. The City can accommodate this under Section 50-1707(b) by resolving to finance the system acquisition through general ob- ligation funding, and any incremental system improvements through an LID. Eagle River has not experienced service problems such as loss of pressure or supply. As a result, it would be inequita- ble to include Eagle River in an LID to finance "benefits" to other Eagle Water Company customers that Eagle River already was required to finance for itself. Eagle River has paid once for the improvements to the Eagle Water Company system that benefits the Eagle River Project, and it is not apparent how the City's acquisition of Eagle Water Company assets will provide any incremental further benefit to Eagle River. To the extent that the City resolves to proceed with crea- tion of an LID, it should proceed with a modified district that includes only those especially benefited by the Eagle Water Com- pany asset purchase. This modified district would not include the Eagle River property within its boundaries. 4. Under a "benefits derived" assessment allocation, Eag.1.2 River's share of the repayment costs of any incremental im- provements to the acquired assets must be specifically ana- lyzed prior to a2proval of any assessment roll. The Eagle River Project property is not similarly situated with respect to most of the other lands proposed to be included in the LID. In addition to having already paid for the existing water distribution improvements benefiting the Eagle River Pro- ject, Eagle River's water use is not comparable to other proper - 485 East Riverside Drive • Suite 100 • Eagle, Idaho 83616 • (208) 938-4270 FAX (208) 938-4272 K. Bergmann, City Clerk City of Eagle September 10, 2007 Page 5 ties proposed to be included in the LID, whether residential or commercial. In particular, Eagle River's substantial landscap- ing and aesthetic water amenities are supplied in full with wa- ter delivered to its property by New Union Ditch Company, Ltd. and Ballentyne Ditch Company, Ltd., and distributed through a pressurized irrigation system installed by Eagle River. Consequently, if the City proceeds with acquiring the Eagle Water Company assets, to the extent that improvements to the ex- isting system provide incremental benefits to current Eagle Wa- ter Company customers, any assessments made through an LID to repay of the costs of those new improvements must equitably re- flect the incremental benefit derived, which will be different for properties that will use the delivered water for irrigation and domestic purposes, and for non -irrigated properties like the Eagle River Project property that have differential domestic re- quirements. In conclusion, Eagle River LLC has long viewed itself as the City's partner. It's cooperation with the City in estab- lishing a new park, extending public access to the Boise River and bringing high-quality hotel and conference facilities to Ea- gle have helped maintain the quality of life that Eagle resi- dents cherish. This "protest" is not intended to be confronta- tional to the City. Eagle River would be supportive of the ac- quisition of the Eagle Water Company assets, provided that it can be assured that an appropriate accounting of Eagle River's significant investment in the existing system will be made, and that an equitable allocation of assessments based on actual in- cremental benefits derived is made with respect to any system upgrades the City proposes to finance through the LID. Until that result is apparent, Eagle River will continue to oppose formation of an LID that includes the Eagle River Project prop- erty within its boundaries. Sincerely, A. Ennis Dale 485 East Riverside Drive • Suite 100 • Eagle, Idaho 83616 • (208) 938-4270 FAX (208) 938-4272 K. Bergmann, City Clerk City of Eagle September 10, 2007 Page 6 C: Nancy Merrill Steve Gerber Susan Buxton Charles Carlise 485 East Riverside Drive • Suite 100 • Eagle, Idaho 83616 • (208) 938-4270 FAX (208) 938-4272 RECEIVED & Fug GITY OF Mkt SEPI 0 2001 Dear City of Eagle, File: Route to. I have talked to Idaho Public Utilities Commission (IPUC), United Water, and have Lity Hall and I am in absolute opposition to the creation of the Local Improvement District. Here are my talking points: ❑ Eagle Water Company (EWC) is regulated by IPUC as to price and conditions of service. (we pay -$22 a month to United Water right now.) Any monthly increase to our water costs must be approved by the IPUC. ❑ The City of Eagle already has an agreement with the owners of EWC to buy EWC contingent on obtaining funds. Hence, the City of Eagle intends to have the Local Improvement District homeowners pay for the bond through taxes to raise the $7.2M unless we homeowners respond tomorrow to stop it. If EWC were to be purchased by a private buyer, the private buyer could only charge homeowners through the monthly cost of water that must be approved by the IPUC. However, the City of Eagle can tax us in addition to the monthly charge. ❑ Having a private entity buy EWC makes sense because: (1) a private entity can't charge us property taxes to pay a bond but it can only recover costs through the IPUC regulated monthly charges, and (2) the purchase price of EWC would be an arms length transaction forcing amount to be paid for the company to consider IPUC regulating the costs and making the cost fair to the consumer. Otherwise, the LID homeowners could feasible pay sizable retirement bonuses for the EWC owners and one time stock dividend bonuses to the EWC shareholders because of the unproven market price of $7.2M. Could the best price for EWC be based on the market and not a citizen backed tax purchase? ❑ Is it possible that the IPUC would better protect the LID homeowner consumer from increased costs than the City of Eagle? I believe it would be fiscally irresponsible to put the "selected" taxpayers in the "LID" in this position. Especially, since this agreement was conceived in a corner. I am preparing an editorial for the Idaho Stateman listing these concerns with some added comments. I am also seeking to find out everyone that works for the City of Eagle, and elected members, that own stock shares in the Eagle Water Company. I think the public needs to be assured that this is an arms length transaction and that it would be good for everyone and not just a few. I look forward to your response on this undertaking with keen interest, James H. Winget 1652 N. Watson P1. Eagle, Idaho 83616 208-938-9907 Home 208-373-4034 Work September 9, 2007 Eagle City Council c/o City Clerk Eagle City Hall 660 East Civic Lane Eagle, Idaho 83616 Re: Local Improvement District No. 2007-1 To the Members of the Eagle City Council: RECEIVED & FILED CITY OF EAGLE SEP 1 1 2007 File; ROW@ u• I own property at the address indicated below that is proposed for inclusion within Local Improvement District No. 2007-1 ("LID"). The Notice that I received regarding the proposed LID was incomplete and ambiguous. Accordingly, I have numerous questions about the proposed LID, its impact on my property and my water rights, and the amount of any assessments I would be obligated to pay. Accordingly, I protest creation of the proposed LID and, in the alternative, would request that my property be excluded from the LID. It appears that the proposed LID may violate applicable Idaho and federal law, including, without limitation, Idaho Code Title 50, Chapter 17, and the due process and takings provisions of the Idaho and United States Constitutions. My questions and concerns include, but are not limited to, the following: 1. the Notice did not provide adequate information or description of the Project to be acquired and the City apparently did not undertake an adequate review of the need for the acquisition or of the value of the property to be acquired. 2. the extent to which the water rights for my property, including water rights for a private domestic well and for irrigation from Farmers Union Canal Company, would be affected by the proposed LID is unclear; 3. whether my property will be benefited by the proposed LID, whether it would be subject to assessments by the proposed LID and on what basis such assessments will be imposed also are unexplained; 4. the scheduled public "open house" on the proposed LID is not part of the official process recognized for the establishment of the LID and any such open house apparently shall not be part of the official public record in this matter and, therefore, is inadequate to correct any legal defects in the required statutory process. Si erely, Signature Print Name doqg Liz Ltto,c Property Address Eagle, Idaho 83616 September 9, 2007 Eagle City Council c/o City Clerk Eagle City Hall 660 East Civic Lane Eagle, Idaho 83616 Re: Local Improvement District No. 2007-1 To the Members of the Eagle City Council: RECEIVED & FILED CITY OF EAGLE SEP 11 2007 File: Route to I own property at the address indicated below that is proposed for inclusion within Local Improvement District No. 2007-1 ("LID"). The Notice that I received regarding the proposed LID was incomplete and ambiguous. Accordingly, I have numerous questions about the proposed LID, its impact on my property and my water rights, and the amount of any assessments I would be obligated to pay. Accordingly, I protest creation of the proposed LID and, in the alternative, would request that my property be excluded from the LID. It appears that the proposed LID may violate applicable Idaho and federal law, including, without limitation, Idaho Code Title 50, Chapter 17, and the due process and takings provisions of the Idaho and United States Constitutions. My questions and concerns include, but are not limited to, the following: 1. the Notice did not provide adequate information or description of the Project to be acquired and the City apparently did not undertake an adequate review of the need for the acquisition or of the value of the property to be acquired. 2. the extent to which the water rights for my property, including water rights for a private domestic well and for irrigation from Farmers Union Canal Company, would be affected by the proposed LID is unclear; 3. whether my property will be benefited by the proposed LID, whether it would be subject to assessments by the proposed LID and on what basis such assessments will be imposed also are unexplained; 4. the scheduled public "open house" on the proposed LID is not part of the official process recognized for the establishment of the LID and any such open house apparently shall not be part of the official public record in this matter and, therefore, is inadequate to correct any legal defects in the required statutory process. Sincerely, /AI\ id q Signature VicADY Print Name (A. I -1 -0 T -,--6-44-..,r /°ii i Les L.A. Property Address Eagle, Idaho 83616 N,, September 9, 2007 Eagle City Council c/o City Clerk Eagle City Hall 660 East Civic Lane Eagle, Idaho 83616 Re: Local Improvement District No. 2007-1 To the Members of the Eagle City Council: RECEIVED & FILED CITY OF EAGLE SEP 1 1 2007 File: Route tr • I own property at the address indicated below that is proposed for inclusion within Local Improvement District No. 2007-1 ("LID"). The Notice that I received regarding the proposed LID was incomplete and ambiguous. Accordingly, I have numerous questions about the proposed LID, its impact on my property and my water rights, and the amount of any assessments I would be obligated to pay. Accordingly, I protest creation of the proposed LID and, in the alternative, would request that my property be excluded from the LID. It appears that the proposed LID may violate applicable Idaho and federal law, including, without limitation, Idaho Code Title 50, Chapter 17, and the due process and takings provisions of the Idaho and United States Constitutions. My questions and concerns include, but are not limited to, the following: 1. the Notice did not provide adequate information or description of the Project to be acquired and the City apparently did not undertake an adequate review of the need for the acquisition or of the value of the property to be acquired. 2. the extent to which the water rights for my property, including water rights for a private domestic well and for irrigation from Farmers Union Canal Company, would be affected by the proposed LID is unclear; 3. whether my property will be benefited by the proposed LID, whether it would be subject to assessments by the proposed LID and on what basis such assessments will be imposed also are unexplained; 4. the scheduled public "open house" on the proposed LID is not part of the official process recognized for the establishment of the LID and any such open house apparently shall not be part of the official public record in this matter and, therefore, is inadequate to correct any legal defects in the required statutory process. Sincerely, Signature 0 _ 3/19e0/1/ L . SicKso Print Name Lbs occ-2o s Property Address Eagle, Idaho 83616 September 9, 2007 Eagle City Council c/o City Clerk Eagle City Hall 660 East Civic Lane Eagle, Idaho 83616 Re: Local Improvement District No. 2007-1 To the Members of the Eagle City Council: RECEIVED & FILED CITY OF EAGLE SEP 1 1 2007 File: Route to. I own property at the address indicated below that is proposed for inclusion within Local Improvement District No. 2007-1 ("LID"). The Notice that I received regarding the proposed LID was incomplete and ambiguous. Accordingly, I have numerous questions about the proposed LID, its impact on my property and my water rights, and the amount of any assessments I would be obligated to pay. Accordingly, I protest creation of the proposed LID and, in the alternative, would request that my property be excluded from the LID. It appears that the proposed LID may violate applicable Idaho and federal law, including, without limitation, Idaho Code Title 50, Chapter 17, and the due process and takings provisions of the Idaho and United States Constitutions. My questions and concerns include, but are not limited to, the following: 1. the Notice did not provide adequate information or description of the Project to be acquired and the City apparently did not undertake an adequate review of the need for the acquisition or of the value of the property to be acquired. 2. the extent to which the water rights for my property, including water rights for a private domestic well and for irrigation from Farmers Union Canal Company, would be affected by the proposed LID is unclear; 3. whether my property will be benefited by the proposed LID, whether it would be subject to assessments by the proposed LID and on what basis such assessments will be imposed also are unexplained; 4. the scheduled public "open house" on the proposed LID is not part of the official process recognized for the establishment of the LID and any such open house apparently shall not be part of the official public record in this matter and, therefore, is inadequate to correct any legal defects in the required statutory process. Signature L) Print Name 4,73 /.j) (oZ Las - s 1D rZ Property Address &- r) 3 3 EaR1e, Idaho 83616 RECEIVED & FILED .. . CITY OF EAGLE September 9, 2007 SLY 1 1 2007 Pilo: Route to• Eagle City Council c/o City Clerk Eagle City Hall 660 East Civic Lane Eagle, Idaho 83616 Re: Local Improvement District No. 2007-1 To the Members of the Eagle City Council: I own property at the address indicated below that is proposed for inclusion within Local Improvement District No. 2007-1 ("LID"). The Notice that I received regarding the proposed LID was incomplete and ambiguous. Accordingly, I have numerous questions about the proposed LID, its impact on my property and my water rights, and the amount of any assessments I would be obligated to pay. Accordingly, I protest creation of the proposed LID and, in the alternative, would request that my property be excluded from the LID. It appears that the proposed LID may violate applicable Idaho and federal law, including, without limitation, Idaho Code Title 50, Chapter 17, and the due process and takings provisions of the Idaho and United States Constitutions. My questions and concerns include, but are not limited to, the following: 1. the Notice did not provide adequate information or description of the Project to be acquired and the City apparently did not undertake an adequate review of the need for the acquisition or of the value of the property to be acquired. 2. the extent to which the water rights for my property, including water rights for a private domestic well and for irrigation from Farmers Union Canal Company, would be affected by the proposed LID is unclear; 3. whether my property will be benefited by the proposed LID, whether it would be subject to assessments by the proposed LID and on what basis such assessments will be imposed also are unexplained; 4. the scheduled public "open house" on the proposed LID is not part of the official process recognized for the establishment of the LID and any such open house apparently shall not be part of the official public record in this matter and, therefore, is inadequate to correct any legal defects in the required statutory process. ely, Signature Print Name 9/`/ LL Zae672.44 . Property Address Eagle, Idaho 83616 September 9, 2007 Eagle City Council c/o City Clerk Eagle City Hall 660 East Civic Lane Eagle, Idaho 83616 Re: Local Improvement District No. 2007-1 To the Members of the Eagle City Council: RECEIVED & FILED CITY OF EAGLE Ski' 11 2007 File: Route tr • I own property at the address indicated below that is proposed for inclusion within Local Improvement District No. 2007-1 ("LID"). The Notice that I received regarding the proposed LID was incomplete and ambiguous. Accordingly, I have numerous questions about the proposed LID, its impact on my property and my water rights, and the amount of any assessments I would be obligated to pay. Accordingly, I protest creation of the proposed LID and, in the alternative, would request that my property be excluded from the LID. It appears that the proposed LID may violate applicable Idaho and federal law, including, without limitation, Idaho Code Title 50, Chapter 17, and the due process and takings provisions of the Idaho and United States Constitutions. 410 My questions and concerns include, but are not limited to, the following: 1. the Notice did not provide adequate information or description of the Project to be acquired and the City apparently did not undertake an adequate review of the need for the acquisition or of the value of the property to be acquired. 2. the extent to which the water rights for my property, including water rights for a private domestic well and for irrigation from Farmers Union Canal Company, would be affected by the proposed LID is unclear; 3. whether my property will be benefited by the proposed LID, whether it would be subject to assessments by the proposed LID and on what basis such assessments will be imposed also are unexplained; 4. the scheduled public "open house" on the proposed LID is not part of the official process recognized for the establishment of the LID and any such open house apparently shall not be part of the official public record in this matter and, therefore, is inadequate to correct any legal defects in the required statutory process. Sincerely, Ogna v5 z'&-{ Print Name / 7 ,4D dw5 636, i,05 /vC620S e, 1? - 4.i -6: -Property Address September 9, 2007 Eagle City Council c/o City Clerk Eagle City Hall 660 East Civic Lane Eagle, Idaho 83616 Re: Local Improvement District No. 2007-1 To the Members of the Eagle City Council: RECEIVEDFILE CI SEN 1 1 2007 File: Route to• I own property at the address indicated below that is proposed for inclusion within Local Improvement District No. 2007-1 ("LID"). The Notice that I received regarding the proposed LID was incomplete and ambiguous. Accordingly, I have numerous questions about the proposed LID, its impact on my property and my water rights, and the amount of any assessments I would be obligated to pay. Accordingly, I protest creation of the proposed LID and, in the alternative, would request that my property be excluded from the LID. It appears that the proposed LID may violate applicable Idaho and federal law, including, without limitation, Idaho Code Title 50, Chapter 17, and the due process and takings provisions of the Idaho and United States Constitutions. My questions and concerns include, but are not limited to, the following: 1. the Notice did not provide adequate information or description of the Project to be acquired and the City apparently did not undertake an adequate review of the need for the acquisition or of the value of the property to be acquired. 2. the extent to which the water rights for my property, including water rights for a private domestic well and for irrigation from Farmers Union Canal Company, would be affected by the proposed LID is unclear; 3. whether my property will be benefited by the proposed LID, whether it would be subject to assessments by the proposed LID and on what basis such assessments will be imposed also are unexplained; 4. the scheduled public "open house" on the proposed LID is not part of the official process recognized for the establishment of the LID and any such open house apparently shall not be part of the official public record in this matter and, therefore, is inadequate to correct any legal defects in the required statutory process. Sincerely, Signature Cato � nPodochi S Print Name . 63 6 40 s „La eA-os riteek. Property Address Eagle, Idaho 83616 • /11/2007 09:06 FAX 2089394697 I1:;12:n Eagle City Council c/o City Clerk Eagle City Hall 660 East Civic Lane Eagle, Idaho 83616 NICHOLAS FAMILY September 9, 2007 RECEIVED & FILED CITY OF SEP 1 1 2007 File' Route to - Re: Local Improvement District No. 2007-1 To the Members of the Eagle City Council: I own property at the address indicated below that is proposed for inclusion within Local Improvement District No. 2007-I ("LID'D. The Notice that I received regarding the proposed LID was incomplete and ambiguous. Accordingly, I have numerous questions about the proposed LID, its impact on my property and my water rights, and the amount of any assessments I would be obligated to pay. Accordingly, I protest creation of the proposed LID and, in the alternative, would request that m e property be excluded from the LID. It appears that the proposed LID mayviolate o applicable Idaho and federal law, including, without limitation, Idaho Code Title 50, Chapter 17, and the due process and takings provisions of the Idaho and United States Constitutions. My questions and concerns include, but are not limited to, the following: 1. the Notice did not provide adequate information or description of the Project to be acquired and the City apparently did not undertake an adequate review of the need for the acquisition or of the value of the property to be acquired. 2. the extent to which the water rights for my property, including water rights for a private domestic well and for irrigation from Farmers Union Canal Company, would be affected by the proposed LID is unclear, 3. whether my property will be benefited by the proposed LID, whether it would be subject to assessments by the t,. , ,,ri. sed LID and on what basis such assessments will be imposed also are unexplained; 4. the scheduled public "open house" on the proposed LID is not part of the official process recognized for the establishment of the LID and any such open house apparently shall not be part of the official public record in this matter and, therefore, is inadequate to correct any legal defects in the required statutory process. Sincerely, Bp 0001 Signature Rriglw iJi\c_koi4LJJJt Print Name c,o- Lus Lt.( �e eoa Property Address Eagle. Idaho 83616 4 r,:nc RECEIVED & FILED CITY OF EAGLE SLY 12007 File: Route tc• September 11, 2007 Steve Guerber City Council President City of Eagle 660 E. Civic Lane Eagle, Idaho 83616 Subject: Local Improvement District No. 2007-1 Dear Mr. Guerber, Recently we received a letter notifying us of the proposed creation of the above-mentioned LID. We must protest this proposal for the following reasons: • Many residents within the assessment area do not get their water from the Eagle Water Company (personally, we are on a well, but others get their water from United Water). • Why are many areas of Eagle not included in the assessment, such as the subdivisions along the Eagle River (Island Woods, Two Rivers, etc.) or the subdivisions in the rapidly developing west side of the City? • How can you expect the citizens of Eagle to foot the bill for another tax increase given the escalating property taxes within the City and the proposed foothills development for which no one is quite sure how the infrastructure will be funded (but many believe that if foothills development goes forth, some of the burden will fall to the existing tax base). • The residents of Eagle have not been provided with enough information to adequately assess the proposal. Thank you for your consideration. --PAr Robert R. & Rosanne Harryman 2176 Canter Eagle, Idaho 83616 1 1 !n ( j° , September 10, 2007 City of Eagle RE: Proposed LID P.O. Box 160 Eagle, Idaho 83616 Phone: 208-409-7867 Fax: 208-361-7534 Linda@LindaGoldman.com RECEIVED & FILED CITY OF EAGLE SEP 2007 File: Route Dear City Council, I am very concerned about the proposed LID to purchase Eagle Water. There was very little advanced notice of this LID vote and NO advanced information on the associated costs Why should I pay again for something I already have - water service. The city doesn't currently own or operate any public utilities, what skills/staff/funding does the City versus an existing utility to take on this responsibility? The above are just a few of my concerns. The City has provided no information to show us this is a well thought out, business decision and how it might benefit the City and those of us who would be required to pay for this. Sincerely, Linda Goldman 634 N. Watson Place Brookwood Subdivision 14_vi. _ + ". "t- yf+. Linda Goldman September 10, 2007 P.O. Box 160 Eagle, Idaho 83616 Phone: 208-409-7867 Fax: 208-361-7534 Linda@LindaGoldman.com REEElVED & CITY OF EAGLE SEP I 1 2007 File: Route City of Eagle RE: Proposed LID Dear City Council, We are very concerned about the proposed LID to purchase Eagle Water. • We have received very little advanced notice of this LID vote and NO advanced infor- mation on the costs for each of our properties involved • Having just done business with Eagle Water and being aware of the numerous issues they have had with DEQ over the past few years, we are very concerned about re- pairs to current facilities and the costs associated with those potential repairs • In regards to our property located at 123 E. Aikens, we recently paid fees to Eagle Water to hook up to their system and don't understand why we should have to pay again for something we already have in place • The city doesn't currently own or operate any public utilities, what skills/staff/funding does the City versus an existing utility to take on this responsibility? The above are just a few of our concerns. The City has provided no information to show us this is a well thought out, business decision and how it might benefit the City and those of us who would be required to pay for this. Sincerely, Linda Goldman Howard and Dorothy Goldman MHG 3, LLC 123 E. Aikens ..7145-57:11.7.111E-.4." "t ' tire: "z `•tet, �� w incia Goldman • September 10, 2007 P.O. Box 160 Eagle, Idaho 83616 Phone: 208-409-7867 Fax: 208-36I-7534 Linda@LindaGoldman.com RECEIVED`LD�"-".�j CITY OF EAGLE SEP 2007 , Rle: Route to: City of Eagle RE: Proposed LID Dear City Council, We are very concerned about the proposed LID to purchase Eagle Water. • We have received very little advanced notice of this LID vote and NO advanced infor- mation on the costs for each of our properties involved • Having just done business with Eagle Water and being aware of the numerous issues they have had with DEQ over the past few years, we are very concerned about re- pairs to current facilities and the costs associated with those potential repairs • Has the city had the system appraised or calculated the value based on possible reve- nue? • The city doesn't currently own or operate any public utilities, what skills/staff/funding does the City versus an existing utility to take on this responsibility? The above are just a few of our concerns. The City has provided no information to show us this is a well thought out, business decision and how it might benefit the City and those of us who would be required to pay for this. Sincerely, Linda Goldman Howard and Dorothy Goldman MHG2, LLC I I E State Street September 10, 2007 City of Eagle RE: Proposed LID P.O. Box 160 Eagle, Idaho 83616 Phone: 208-409-7867 Fax: 208-361-7534 Linda@LindaGoldman.com RECEIVED &FLED I CITY OF EAGLE SEP 12007 File: Route to• Dear City Council, We are very concerned about the proposed LID to purchase Eagle Water. • We have received very little advanced notice of this LID vote and NO advanced infor- mation on the costs for each of our properties involved • Having just done business with Eagle Water and being aware of the numerous issues they have had with DEQ over the past few years, we are very concerned about re- pairs to current facilities and the costs associated with those potential repairs • Has the city had the system appraised or calculated the value based on possible reve- nue? • The city doesn't currently own or operate any public utilities, what skills/staff/funding does the City versus an existing utility to take on this responsibility? The above are just a few of our concerns. The City has provided no information to show us this is a well thought out, business decision and how it might benefit the City and those of us who would be required to pay for this. Sincerely, Linda Goldman Howard and Dorothy Goldman MHG I, LLC 169 E State Street September 9, 2007 Eagle City Council c/o City Clerk Eagle City Hall 660 East Civic Lane Eagle, Idaho 83616 Re: Local Improvement District No. 2007-1 To the Members of the Eagle City Council: RECEIVED & FILED CITY OF EAGLE Std' 1 1 2001 File: Route t(• I own property at the address indicated below that is proposed for inclusion within Local Improvement District No. 2007-1 ("LID"). The Notice that I received regarding the proposed LID was incomplete and ambiguous. Accordingly, I have numerous questions about the proposed LID, its impact on my property and my water rights, and the amount of any assessments I would be obligated to pay. Accordingly, I protest creation of the proposed LID and, in the alternative, would request that my property be excluded from the LID. It appears that the proposed LID may violate applicable Idaho and federal law, including, without limitation, Idaho Code Title 50, Chapter 17, and the due process and takings provisions of the Idaho and United States Constitutions. My questions and concerns include, but are not limited to, the following: 1. the Notice did not provide adequate information or description of the Project to be acquired and the City apparently did not undertake an adequate review of the need for the acquisition or of the value of the property to be acquired. 2. the extent to which the water rights for my property, including water rights for a private domestic well and for irrigation from Farmers Union Canal Company, would be affected by the proposed LID is unclear; 3. whether my property will be benefited by the proposed LID, whether it would be subject to assessments by the proposed LID and on what basis such assessments will be imposed also are unexplained; 4. the scheduled public "open house" on the proposed LID is not part of the official process recognized for the establishment of the LID and any such open house apparently shall not be part of the official public record in this matter and, therefore, is inadequate to correct any legal defects in the required statutory process. Sincerel r 1 Sigrfature HO 01 IT5.,1;e Print Name Property Address September 9, 2007 Eagle City Council c/o City Clerk Eagle City Hall 660 East Civic Lane Eagle, Idaho 83616 Re: Local I * Tement District No. 2007-1 To the Members of the Eagle City Council: DECEIVED & FILED TY OF EAGLE Scr' 201 File: Route to. I own property at the address indicated below that is proposed for inclusion within Local Improvement District No. 2007-1 ("LID"). The Notice that I received regarding the proposed LID was incomplete and ambiguous. Accordingly, I have numerous questions about the proposed LID, its impact on my property and my water rights, and the amount of any assessments I would be obligated to pay. Accordingly, I protest creation of the proposed LID and, in the alternative, would request that my property be excluded from the LID. It appears that the proposed LID may violate applicable Idaho and federal law, including, without limitation, Idaho Code Title 50, Chapter 17, and the due process and takings provisions of the Idaho and United States Constitutions. My questions and concerns include, but are not limited to, the following 1. the Notice did not provide adequate information or description of the Project to be acquired and the City apparently did not undertake an adequate review of the need for the acquisition or of the value of the property to be acquired. 2. the extent to which the water rights for my property, including water rights for a private domestic well and for irrigation from Farmers Union Canal Company, would be affected by the proposed LID is unclear; 3. whether my property will be benefited by the proposed LID, whether it would be subject to assessments by the proposed LID and on what basis such assessments will be imposed also are unexplained; 4. the scheduled public "open house" on the proposed LID is not part of the official process recognized for the establishment of the LID and any such open house apparently shall not be part of the official public record in this matter and, therefore, is inadequate to correct any legal defects in the required statutory process. Sincerely, Signature C' nts`Y411.2P1 Print Name 0 33534 N &! Property Address J ef4/6 10 September 2007 Eagle City Council c/o City Clerk Eagle City Hall 660 East Civic Lane Eagle, Idaho 83616 Re: Local Improvement District No. 2007-1 To Members of the Eagle City Council: RECEIVED & FILED CITY OF EAGLE SEP 11200? Fire: Route to* We own property at the address indicated below that is proposed for inclusion within Local Improvement District No. 2007-1 ("LID"). The Notice that we received regarding the proposed LID was incomplete and ambiguous. Accordingly, we have numerous questions about the proposed LID, its impact on our property and our water rights, and the amount of any assessments we would be obligated to pay. Accordingly, we protest creation of the proposed LID and, in the alternative, would request that our property be excluded from the LID. It appears that the proposed LID may violate applicable Idaho and federal law, including, without limitation, Idaho Code Title 50, Chapter 17, and the due process and takings provisions of the Idaho and United States Constitutions. Our questions and concerns include, but are not limited to, the following: 1. The Notice did not provide adequate information or description of the Project to be acquired and the City apparently did not undertake an adequate review of the need for the acquisition or of the value of the property to be acquired. 2. The extent to which the water rights for our property, including water rights for a private domestic well and for irrigation from Farmers Union Canal Company, would be affected by the proposed LID is unclear. 3. Whether our property will be benefited by the proposed LID, whether it would be subject to assessments by the proposed LID and on what basis such assessments will be imposed also are unexplained. 4. The scheduled public "open house" on the proposed LID is not part of the official process recognized for the establishment of the LID and any such open house apparently shall not be part of the official public record in this matter and, therefore, is inadequate to correct any legal defects in the required statutory process. Sincerely, JCr4i R. Pfeffer 801 Los Luceros Drive Eagle, Idaho 83616-3915 %9#441-60v i/ Ze✓ f Eagle City Clerk 660 East Civic Lane Eagle, ID 83616 Re: Local Improvement District No. 2007-1 RECEIVED & FILED CITY OF EAGLE SLI-' 11 2007 File: Route trr I would like to submit my potential concerns related to the establishment of this Local Improvement District, the manner of assessment and identification of property therein, to the City Council of Eagle. My understanding is that the City has determined that it would benefit the property owners within the LID for the City to obtain ownership to and long term management of specific "public water system improvements, water rights and supply and delivery facilities", as noted in the "Notice of Hearing on Creation of Local Improvement District". My potential concerns include the following: 1. It appears that not all of the lots and lands within the LID would benefit from the proposed improvements. While my property is within the area outlined within the LID, I receive my water supply from a combination of water rights owned by the Brookwood Homeowners Association and United Water of Idaho. I would, therefore, not benefit from the establishment of the LID and expect that there would be no assessment against my property. 2. It seems fair to request that the City provide notice to the property owners that will benefit from the improvements and therefore be assessed for the establishment of the LID; such notice should provide an estimate of the total assessment on their property and the methods available to them for making such payments. An opportunity to gather further public comment should follow such a notice. 3. Providing flexibility to property owners in both the timing and methods allowed to pay the assessment. 4. Whether the current property owners will carry the full burden of total costs of the improvements. As some of the unimproved lots and lands are developed over time, is there a means by which assessments could be made against such lots so that a portion of the assessment could be returned to property owners? 5. That the City has the necessary human and capital resources to manage the long term maintenance of these facilities. Presumably, additional resources will need to be added to the city staff to provide for oversight of the LID and the underlying facilities. Will the assessment provide for the salary and related costs of these resources, or will these funds be paid out of the City's general fund? 6. One question: Why did the City decide to pursue a LID and not look to recover the costs of improving the water supply to certain property owners by billing these property owners for their water consumption over time? Your consideration of my concerns is appreciated. I look forward to learning more about the LID plans as more details are made available. Michael Swan 477 E. Stonewater Ct. Eagle, ID 83616 CGf--/F°1 Georse, -form Lee U.flC 5 giG 5cuMNer Ute�u E &,k _c 1�1 X39, Lo(0� o \.L'r c i \e cc, eti S f� r e_ t kx. y‘,.\ 0-C 5(2-t I\') Orer- Co . Arte c ki Gvt e 0.55es S me. cc e. u On ei cY i W._.1 z. `favt. e�-i\ N\ kV_o..\4\ v\ -Q ; —ems 1 Ea le GS W no v3 W h N\ w b o us \ -\$\\s \ �`� 44 e VH.cr- \c‘-e-\ \ n -S\r\,W c��cr S Yn was V.Y e U 1 "mac.. \\-e, ox-\\ �4 V C-.)3t\e-YIYA4-. Y• GY\ S ' S\--(_rn E;v.r�c, coo \S C� ; ‘NLG't., c3 -`n>.) f(\tY \c)e,eY\ "$Y --t (3,\(\-4 ickyx \y5 `3 VLS 1 Y1.eSf.-; INvt Y"R. Co 5V RA -c \ --\\(\ss.v\ VIVe \'`k '\O Lou ay.A, ) ).AcYLc2 14:/, 4--e-r__-,__(-1- �i°�crr o lit SEP 0 7 2007 Fie: Route to• Page 1 of 1 Sharon Bergmann From: Sharon Bergmann Sent: Tuesday, August 28, 2007 9:42 AM To: City Council Grp; Michael Echeita Subject: FW: Local Improvement District Sharon K. Bergmann C.M.C. City Clerk/Treasurer City of Eagle, Idaho P.O. Box 1520 208-939-6813 ext. 202 Original Message From: Crane Johnson [mailto:cranefly@cableone.net] Sent: Saturday, August 25, 2007 6:28 PM To: eaglecity Subject: Local Improvement District Hello, We just received the Notice of Hearing on the September 11 Public Hearing on the creation of the Local Improvement District for the purchase of Eagle Water Company by the City of Eagle. How many homeowners are included in this proposed LID? What is the anticipated dollar amount of assessment for each homeowner? We have many elderly people in our neighborhood and this LID is of grave concern to them. Thanks so much, Don and Crane Johnson 827 Farrington Drive Eagle 939-9397 craneflv(cableone.net R/')R/)f)f17 Page 1 of 2 Sharon Bergmann From: Sharon Bergmann Sent: Tuesday, August 28, 2007 9:42 AM To: City Council Grp; Michael Echeita Subject: FW: L.I.D. No. 2007-1 Sharon K. Bergmann C.M.C. City Clerk/Treasurer City of Eagle, Idaho P.O. Box 1520 208-939-6813 ext. 202 Original Message From: Laura McCarthy [mailto:manateecow@gmail.com] Sent: Friday, August 24, 2007 11:53 PM To: eaglecity Subject: L.I.D. No. 2007-1 I am writing in response to the Notice of Hearing on Creation of Local Improvement District No. 2007-1 that I received in the mail on August 24. The written notice gives a very inadequate description of the "Project." I've tried to find out additional information at the City of Eagle website about this L.I.D., but I can find no minutes from the August 14 City Council meeting, which had this item on the agenda. The only information I can find at the City of Eagle website is as follows: B. Resolution 07-25: A resolution declaring the intention of the City of Eagle, Ada County, Idaho, to create local improvement district No. 2007-1 for the purpose of financing the costs of certain public improvements; describing the boundaries of the proposed improvement district and the property proposed to be assessed for the costs of the project; generally describing the project proposed to be financed and the estimated costs and expenses of the project; stating the cost to be paid from a levy of assessments on the property included within the local improvement district; stating the method of determining assessments; fixing the date, time, and place at which a public hearing will be held to consider protests against the creation of the local improvement district; providing for related matters; and providing an effective date. (SEB) How can I get more detailed information about the specifics of this L.I.D. prior to the September 11, 2007 meeting in order to give me time to put together my questions and concerns? For example, I am on a 2 - acre lot with my own well and I have irrigation water rights via my homeowners association... What are the specific benefits to me of this L.I.D. which would justify my paying any portion of its cost? If this L.I.D. is part of the infrastructure needed to accommodate future developments, what portion of the costs will be paid by developers and/or passed on to future homeowners as part of the cost of building in Eagle? Why are only certain parts of Eagle affected by this L.I.D.? If these and other specific details of the L.I.D. are not going to be made public until the September 11, 2007 meeting, it seems that there is not adequate time for property owners to assess the impact in time to make statements on or before September 11. Please advise me as to where I can get more detailed Page 2 of 2 information on this very important topic. Sincerely, Laura McCarthy 2379 N. Equestrian Place Eagle 939-3325 manateecow(,gmail.com 11 September 2007 Eagle City Council City Hall 660 East Civic Lane Eagle ID, 83616 Subject: Protest of Local Improvement District (LID) No. 2007-1 To Whom It May Concern: r..—RECEIVED & FILED CITY OF EAGLE SEP 1 1 2007 File: Route try Please accept this letter as evidence that we are NOT in favor of the creation of LID No. 2007-1 and are submitting this letter of protest before the 7:30 P.M., 11 September 2007 deadline. We have a number of concerns. The primary ones are as follows: We have not been given sufficient information on which to form an educated opinion. A number of other areas and subdivisions, such as Island Woods, Two Rivers, Eagle Springs and Banbury are not included in the proposed LID. We do not believe that due process is being followed in the creation of this LID. If you need to reach us, please use the contact infonnlation below. Sincerely, a7P/V Robert R. Harrymaff, Jr. 2209 E. Poppy Hills St. Eagle, ID 83616 (208) 938-1832 September 9, 2007 Eagle City Council c/o City Clerk Eagle City Hall 660 East Civic Lane Eagle, Idaho 83616 Re: Local Improvement District No. 2007-1 To the Members of the Eagle City Council: RECEIVED &} Alb-- CITY ILED_r._..CITY OF EAGLE SEP 1 2007 File: Route t' I own property at the address indicated below that is proposed for inclusion within Local Improvement District No. 2007-1 ("LID"). The Notice that I received regarding the proposed LID was incomplete and ambiguous. Accordingly, I have numerous questions about the proposed LID, its impact on my property and my water rights, and the amount of any assessments I would be obligated to pay. Accordingly, I protest creation of the proposed LID and, in the alternative, would request that my property be excluded from the LID. It appears that the proposed LID may violate applicable Idaho and federal law, including, without limitation, Idaho Code Title 50, Chapter 17, and the due process and takings provisions of the Idaho and United States Constitutions. My questions and concerns include, but are not limited to, the following: 1. the Notice did not provide adequate information or description of the Project to be acquired and the City apparently did not undertake an adequate review of the need for the acquisition or of the value of the property to be acquired. 2. the extent to which the water rights for my property, including water rights for a private domestic well and for irrigation from Farmers Union Canal Company, would be affected by the proposed LID is unclear; 3. whether my property will be benefited by the proposed LID, whether it would be subject to assessments by the proposed LID and on what basis such assessments will be imposed also are unexplained; 4. the scheduled public "open house" on the proposed LID is not part of the official process recognized for the establishment of the LID and any such open house apparently shall not be part of the official public record in this matter and, therefore, is inadequate to correct any legal defects in the required statutory process. Sincerel Signature Print Name l--cS L (,L Lt ,. os iv C Property Address Eagle, Idaho 83616 September 9, 2007 Eagle City Council c/o City Clerk Eagle City Hall 660 East Civic Lane Eagle, Idaho 83616 Re: Local Improvement District No. 2007-1 To the Members of the Eagle City Council: RECEIVED—et FILED CITY OF EAGLE SEP 1 1 2007 File: Route to. I own property at the address indicated below that is proposed for inclusion within Local Improvement District No. 2007-1 ("LID"). The Notice that I received regarding the proposed LID was incomplete and ambiguous. Accordingly, I have numerous questions about the proposed LID, its impact on my property and my water rights, and the amount of any assessments I would be obligated to pay. Accordingly, I protest creation of the proposed LID and, in the alternative, would request that my property be excluded from the LID. It appears that the proposed LID may violate applicable Idaho and federal law, including, without limitation, Idaho Code Title 50, Chapter 17, and the due process and takings provisions of the Idaho and United States Constitutions. My questions and concerns include, but are not limited to, the following: 1. the Notice did not provide adequate information or description of the Project to be acquired and the City apparently did not undertake an adequate review of the need for the acquisition or of the value of the property to be acquired. 2. the extent to which the water rights for my property, including water rights for a private domestic well and for irrigation from Farmers Union Canal Company, would be affected by the proposed LID is unclear; 3. whether my property will be benefited by the proposed LID, whether it would be subject to assessments by the proposed LID and on what basis such assessments will be imposed also are unexplained; 4. the scheduled public "open house" on the proposed LID is not part of the official process recognized for the establishment of the LID and any such open house apparently shall not be part of the official public record in this matter and, therefore, is inadequate to correct any legal defects in the required statutory process. Sincerely, Signa A�a ame ecit&4,-k_ 4i4)2.hiProperty ddress Eagle, Idaho 83616 September 9, 2007 Eagle City Council c/o City Clerk Eagle City Hall 660 East Civic Lane Eagle, Idaho 83616 Re: Local Improvement District No. 2007-1 To the Members of the Eagle City Council: RECEIVED & FILED CITY OF EAGLE SEP 1 1 2007 File: Route to. I own property at the address indicated below that is proposed for inclusion within Local Improvement District No. 2007-1 ("LID"). The Notice that I received regarding the proposed LID was incomplete and ambiguous. Accordingly, I have numerous questions about the proposed LID, its impact on my property and my water rights, and the amount of any assessments I would be obligated to pay. Accordingly, I protest creation of the proposed LID and, in the alternative, would request that my property be excluded from the LID. It appears that the proposed LID may violate applicable Idaho and federal law, including, without limitation, Idaho Code Title 50, Chapter 17, and the due process and takings provisions of the Idaho and United States Constitutions. My questions and concerns include, but are not limited to, the following: 1. the Notice did not provide adequate information or description of the Project to be acquired and the City apparently did not undertake an adequate review of the need for the acquisition or of the value of the property to be acquired. 2. the extent to which the water rights for my property, including water rights for a private domestic well and for irrigation from Farmers Union Canal Company, would be affected by the proposed LID is unclear; 3. whether my property will be benefited by the proposed LID, whether it would be subject to assessments by the proposed LID and on what basis such assessments will be imposed also are unexplained; 4. the scheduled public "open house" on the proposed LID is not part of the official process recognized for the establishment of the LID and any such open house apparently shall not be part of the official public record in this matter and, therefore, is inadequate to correct any legal defects in the required statutory process. Sincerely, Print N ()i -7_7 I (5_c_ 666' _cLcflignIs- Property Address Eagle, Idaho 83616 September 9, 2007 Eagle City Council c/o City Clerk Eagle City Hall 660 East Civic Lane Eagle, Idaho 83616 Re: Local Improvement District No. 2007-1 To the Members of the Eagle City Council: RECEIVED CITY OF EAGLE SEP 1 1 2007 File: Route to. I own property at the address indicated below that is proposed for inclusion within Local Improvement District No. 2007-1 ("LID"). The Notice that I received regarding the proposed LID was incomplete and ambiguous. Accordingly, I have numerous questions about the proposed LID, its impact on my property and my water rights, and the amount of any assessments I would be obligated to pay. Accordingly, I protest creation of the proposed LID and, in the alternative, would request that my property be excluded from the LID. It appears that the proposed LID may violate applicable Idaho and federal law, including, without limitation, Idaho Code Title 50, Chapter 17, and the due process and takings provisions of the Idaho and United States Constitutions. My questions and concerns include, but are not limited to, the following: 1. the Notice did not provide adequate information or description of the Project to be acquired and the City apparently did not undertake an adequate review of the need for the acquisition or of the value of the property to be acquired. 2. the extent to which the water rights for my property, including water rights for a private domestic well and for irrigation from Farmers Union Canal Company, would be affected by the proposed LID is unclear; 3. whether my property will be benefited by the proposed LID, whether it would be subject to assessments by the proposed LID and on what basis such assessments will be imposed also are unexplained; 4. the scheduled public "open house" on the proposed LID is not part of the official process recognized for the establishment of the LID and any such open house apparently shall not be part of the official public record in this matter and, therefore, is inadequate to correct any legal defects in the required statutory process. Si c.er-ely, Signa Mk rem Print Name �l. (4tri mkt P P' fir,cr 1 CfI"I (-as tvceiaS Property Address Eagle, Idaho 83616 RECEIVED &FILED - CITY OF EAGLE SEP 1 1 2007 Fite: Route to• September 11, 2007 City Clerk at City Hall 660 East Civic Lane Eagle, Idaho 83616 Subject; LID No. 2007-1 Gentlemen: Our property is located at 505 E. Rooster Ct. in Eagle. Since we have an established water right since 1991 and a functioning well for domestic water and irrigation, we do not need and will not benefit from the proposed LID. For that reason we object to the assessment on our property. Sincerely yours, Robert E. Ye. ► ley 505 E. Rooster Ct. Eagle, ID 83 616 September 9, 2007 Eagle City Council c/o City Clerk Eagle City Hall 660 East Civic Lane Eagle, Idaho 83616 Re: Local Improvement District No. 2007-1 To the Members of the Eagle City Council: RECEIVED & FILED CITY OF EAGLE SEP 1 1 2007 File: Route to. I own property at the address indicated below that is proposed for inclusion within Local Improvement District No. 2007-1 ("LID"). The Notice that I received regarding the proposed LID was incomplete and ambiguous. Accordingly, I have numerous questions about the proposed LID, its impact on my property and my water rights, and the amount of any assessments I would be obligated to pay. Accordingly, I protest creation of the proposed LID and, in the alternative, would request that my property be excluded from the LID. It appears that the proposed LID may violate applicable Idaho and federal law, including, without limitation, Idaho Code Title 50, Chapter 17, and the due process and takings provisions of the Idaho and United States Constitutions. My questions and concerns include, but are not limited to, the following: 1. the Notice did not provide adequate information or description of the Project to be acquired and the City apparently did not undertake an adequate review of the need for the acquisition or of the value of the property to be acquired. 2. the extent to which the water rights for my property, including water rights for a private domestic well and for irrigation from Farmers Union Canal Company, would be affected by the proposed LID is unclear; 3. whether my property will be benefited by the proposed LID, whether it would be subject to assessments by the proposed LID and on what basis such assessments will be imposed also are unexplained; 4. the scheduled public "open house" on the proposed LID is not part of the official process recognized for the establishment of the LID and any such open house apparently shall not be part of the official public record in this matter and, therefore, is inadequate to correct any legal defects in the required statutory process. Since 7 Si•• nature • 1-66-77- HAS° (kJ AA flake_ l mr5oiLs Print Name 7-? .CdS /Occe0JOSi- .7)NirJ Property Address Eagle, Idaho 83616 September 4, 2007 City of Eagle PO Box 1520 Eagle, ID, 83616 Hand Delivered: RE: Eagle Water Acquisition Dear Council Members: RECEIVED & FILED CITY OF EAGLE SEP 1 1 2007 File: Route to. It is my humble opinion that the use of an LID to acquire Eagle Water is the wrong approach, and therefore I submit this letter of protest in that regard. Being an owner of several properties in the Eagle city I cannot support a proposal that will place liens on my property and thereby infringe upon my private property rights by clouding the title to my various properties. I do want you to know that I support the acquisition of Eagle Water and will support a bond or other means of purchase. Sincerely yours: Ron Bath 1729 S. Whitby Lane • Eagle, ID 83616 208-938-9751 • fax: 208-938-9759 www. salmonpoint. net Page 1 of 1 Dave Milan From: Dave Milan Sent: Tuesday, August 28, 2007 3:52 PM To: 'tnkukla@msn.com' Subject: RE: hello Phil Norma if you call Michael Echeita at 489-8787 he will try to answer any questions you might have about the LID. From: Michael Echeita Sent: Tuesday, August 28, 2007 10:32 AM To: Dave Milan Subject: FW: hello Phil From: Sharon Bergmann Sent: Tuesday, August 28, 2007 9:43 AM To: City Council Grp; Michael Echeita Subject: FW: hello Phil Sharon K. Bergmann C.M.C. City Clerk/Treasurer City of Eagle, Idaho P.O. Box 1520 208-939-6813 ext. 202 Original Message From: NORMA KUKLA [mailto:tnkukla@msn.com] Sent: Friday, August 24, 2007 10:51 PM To: eaglecity Subject: hello Phil Hello Phil, We just received a local improvement district notice, when you get a chance, will you explain why it is necessary and how high these assessments will be. Frankly, I read through it a couple of times and its like a foreign language to me. What is wrong with our current water rights, water supply, etc. Thanks, Norma 9/4/2007 Page 1 of 1 Dave Milan From: Janet Buschert [Janet@buschert.com] Sent: Monday, August 27, 2007 4:52 PM To: Dave Milan Subject: Question about the purchase of Eagle Water Company Greetings Mr. Milan, Say, we live within the city limits and received the recent notification of a potential levy related to the purchase of Eagle Water Company. A number of neighbors and I are wondering if we will be subject to this levy, even though we are not connected to any public water system in Eagle. Could you please advise me in that regard? Thank you so much. Regards, Janet Buschert 235 W Floating Feather Rd Eagle, ID 83616 9/4/2007 Dave Milan From: Water Strategist [research@waterstrategist.corn] Sent: Wednesday, August 29, 2007 2:37 PM To: Dave Milan Subject: Purchase of Eagle Water Company Dear Mr. Milan: Page 1 of 1 vi,octrd_.e,9( iz V,p2, I am writing from Water Strategist, a joumal on water resources in the western U.S. to request information about the city's purchase of Eagle Water Company. We would like to report on the purchase in our journal. I have the information from your July 11 press release, but I have additional questions: 1) How long is the due diligence period? 2) Is the agreement available to the public, yet? If so, I would like to request a copy preferably sent by email to researchewaterstrateaist.com. 3) If the existing agreement does not include estimates of the assets and price, can I get that information in another form? 4) Besides completing due diligence and closing the sale, are there any other steps required for completion? 5) Will additional infrastructure be needed to connect their water system to yours? If so, please describe. I am requesting this information for reporting in an upcoming issue of our journal. I will make sure to send you a password for online access to the issue in which we publish our report on the City of Eagle's purchase of Eagle Water Company. So that I can keep up with my deadlines, I ask that you please reply by Wednesday, Sept. 5 — even if just to confirm that you received my request and are working on. If requested information is not available to the public yet, please let me know as soon as possible and include a good time for me check on it again. If you have any questions, I can be reached by email at researchCaawaterstrateaist.com or by toll-free telephone at 1-888-642-9920 x 201. Thank you for your assistance. Respectfully, Marta L. Weismann Senior Researcher Water Strategist www.waterstrateoist.com www.waterchat.com 9/4/2007 Page 1 of 2 Dave Milan From: Bob & Marsha Hamiton [jayjazz©cableone.net] Sent: Monday, August 27, 2007 1:26 PM To: Dave Milan Subject: RE: Acquisition of Eagle Water Company Thanks. I look forward to better understanding this LID proposal. Are you now the Public Works Director? On Mon Aug 2716:55 , 'Dave Milan' sent: Robert & Marsha Hamilton for your information Dave Milan is no longer with the City of Eagle. I will get the answers to your questions and get back you. If you have any other questions or comments fill free to e-mail me at the same e-mail address (dmilanna.citvofeaele.ore) or call at 489-8787. Michael Echeita Original Message From: Robert & Marsha Hamilton [iaviazzQcableone.net',",",")">iavjazzecableone.netj Sent: Sunday, August 26, 2007 4:52 PM To: Dave Milan Subject: Acquisition of Eagle Water Company After reading through the Hearing Notice for the LID to purchase Eagle Water Company, I have a number of questions: 1. What does the boundary proposed for the LID equate to? Eagle Water Company service area? Combined service area for Eagle Water Company plus City of Eagle municipal water company? Something else? 2. The hearing notice doesn't indicate what the proposed repayment plan is. Can you provide additional info on the anticipated monthly cost per parcel? 3. How was the purchase price established? 4. The report recently provided to the PUC by Eagle Water Company identified a number of needed major system improvements. 5. How will those improvements be financed? 9/4/2007 Page 2 of 2 Thanks in advance for helping me better understand the proposed LID. Bob Hamilton Msg sent via CableONE.net MyMail - http://www.cableone.net 9/4/2007 September 9, 2007 Eagle City Council c/o City Clerk Eagle City Hall 660 East Civic Lane Eagle, Idaho 83616 Re: Local Improvement District No. 2007-1 To the Members of the Eagle City Council: RECEIVED & FILED CITY OF EAGLE SEP 1 1 2007 File: Route to• I own property at the address indicated below that is proposed for inclusion within Local Improvement District No. 2007-1 ("LID"). The Notice that I received regarding the proposed LID was incomplete and ambiguous. Accordingly, I have numerous questions about the proposed LID, its impact on my property and my water rights, and the amount of any assessments I would be obligated to pay. Accordingly, I protest creation of the proposed LID and, in the alternative, would request that my property be excluded from the LID. It appears that the proposed LID may violate applicable Idaho and federal law, including, without limitation, Idaho Code Title 50, Chapter 17, and the due process and takings provisions of the Idaho and United States Constitutions. My questions and concerns include, but are not limited to, the following: 1. the Notice did not provide adequate information or description of the Project to be acquired and the City apparently did not undertake an adequate review of the need for the acquisition or of the value of the property to be acquired. 2. the extent to which the water rights for my property, including water rights for a private domestic well and for irrigation from Farmers Union Canal Company, would be affected by the proposed LID is unclear; 3. whether my property will be benefited by the proposed LID, whether it would be subject to assessments by the proposed LID and on what basis such assessments will be imposed also are unexplained; 4. the scheduled public "open house" on the proposed LID is not part of the official process recognized for the establishment of the LID and any such open house apparently shall not be part of the official public record in this matter and, therefore, is inadequate to correct any legal defects in the required statutory process. 77 Sincerely, Sigtplure Pant N e / r 02 3 (0 S C, &C ero S - Property Street Address Eagle, Idaho 83616 RECEIVED & FILED CITY OF EAGLE September 9, 2007 SEP 1 1 2007 File: Route tr • Eagle City Council c/o City Clerk Eagle City Hall 660 East Civic Lane Eagle, Idaho 83616 Re: Local Improvement District No. 2007-1 To the Members of the Eagle City Council: I own property at the address indicated below that is proposed for inclusion within Local Improvement District No. 2007-1 ("LID"). The Notice that I received regarding the proposed LID was incomplete and ambiguous. Accordingly, I have numerous questions about the proposed LID, its impact on my property and my water rights, and the amount of any assessments I would be obligated to pay. Accordingly, I protest creation of the proposed LID and, in the alternative, would request that my property be excluded from the LID. It appears that the proposed LID may violate applicable Idaho and federal law, including, without limitation, Idaho Code Title 50, Chapter 17, and the due process and takings provisions of the Idaho and United States Constitutions. My questions and concerns include, but are not limited to, the following: 1. the Notice did not provide adequate information or description of the Project to be acquired and the City apparently did not undertake an adequate review of the need for the acquisition or of the value of the property to be acquired. 2. the extent to which the water rights for my property, including water rights for a private domestic well and for irrigation from Farmers Union Canal Company, would be affected by the proposed LID is unclear, 3. whether my property will be benefited by the proposed LID, whether it would be subject to assessments by the proposed LID and on what basis such assessments will be imposed also are unexplained; 4. the scheduled public "open house" on the proposed LID is not part of the official process recognized for the establishment of the LID and any such open house apparently shall not be part of the official public record in this matter and, therefore, is inadequate to correct any legal defects in the required statutory process. Since y, 44.,6 Signature Print Name 0a3 Los L c.exoS OV— Property Street Address Eagle, Idaho 83616 September 11, 2007 City of Eagle Ada County, Idaho RE: Local Improvement District No. 2007-1 RECEIVED & FILED CITY OF EAGLE SEP 1 1 2001 File: Route tC We are writing to specifically inform you of our objection to the inclusion of our property, located at 1024 North Arlington Drive, in the boundary of the proposed LID 2007-1. This property is part of the Downing Downs subdivision where the property and dwellings are on artisan wells and septic systems paid for and maintained by the individual property owner and are planned to continue in this manner. As such, we do not "benefit from the improvements" and therefore, cannot be assessed for the costs of the improvements. Further, we believe to include this property within the LID No. 2007-1 boundary is legally questionable and to unduly be forced into an unwanted and unnecessary city water system will cause hardship and financial distress to our family, friends, and neighbors. This property was recently purchased knowing and planning to remain on an artisan well and septic system as part of a rural community. r Frank and Stephanie Smith Downing Downs Subdivision 1024 North Arlington Drive Eagle, Idaho 83616 September 11, 2007 City of Eagle Ada County, Idaho RE: Local Improvement District No. 2007-1 RECEIVED'& Ff� '-- CITY OF JAOLF SLF 1200` File: Route to. We are writing to specifically inform you of our objection to the inclusion of our property, located at 1055 North Echohawk Way, in the boundary of the proposed LID 2007-1 as well as an objection to the overall purchase of Eagle Water Company. As an existing Eagle Water Company customer, the water pressure, service, and response are all sufficient. To propose an increase in rates and further assess a property tax is unnecessary. Further, to be unduly forced into an unwanted and unnecessary purchase of the Eagle Water Company and upgrades will cause hardship and financial distress to our family, friends, and neighbors. Frank and Stephanie Smith Echohawk Estates Subdivision 1055 North Echohawk Way Eagle, Idaho 83616 JEAN- TEODOR WECHSLER 1427 E. HOGAN ST. EAGLE, ID 83616 208-629-8286 RECEIVED & FILED CITY OF EAGLE SEP 1 1 2007 File: Route tr • September 11, 2007 OPEN LETTER TO THE EAGLE CITY COUNCIL. RE.: LOCAL IMPROVEMENT DISTRICT No. 2002-1. Resolution No. 07-25, 08/14/07; and, 09/11/07 PUBLIC OPEN HOUSE AND RELATED MEETINGS. The following are comments developed with the benefit of my engineering experience and are intended to assist the Eagle City Council when they take the major decision being debated at today's meeting. 1. The City of Eagle is planning to acquire the water system from the Eagle Water Company. This appears to be different to the general industry trend, as cities all over the country are trying to sell their water system, if they still own one. 2. The Operation and Maintenance (0 & M) of the water systems requires specific knowledge and employees qualifications are not easy to acquire. Former employees of the water company are likely to move to more lucrative positions. 3. The responsibilities and activities the CITY must undertake in the future are various and sometime complex, from collecting the water fees to repairing the water distribution system. 4. Water testing and, at the very least, compliance with Federal, State and local laws and regulations are of major concern. The water quality cannot be compromised and subsequent health hazards may result. Any violation must be taken care immediately and additional costs are involved. 5. Finally, my experience and observation indicate that when the water system is operated by the City/ Government the revenues are lumped in the overall budget and not used solely for the water system improvements (i.e.: pavement!). A system insuring the independent water operations ought to be in place before the take over. PS: I retired in January, 2007 and moved from Stamford, Connecticut to Eagle. I have worked continuously in the engineering profession since 1959. I have been recently the Project Manager for the construction of a $ 3 MIL. water filtration project and for the reconstruction of several water pump stations, all located in Nassau County, New York.. To: City of Eagle, Idaho From: James and Leslie Metzger 987 N. Arlington Drive Downing Downs Subdivisio Eagle, Idaho 83616 Date: September 11, 2007 RECEIVED & FILED CITY OF EAGLE SEP 1 1 2007 File: Route tn. Subject: Local Improvement District #2007-01 As a resident of Downing Downs Subdivision we vehemently object to the inclusion of our property within the boundaries of the LID 2007-1 proposal. The properties within our subdivision are of sufficient size to support our present infrastructure which includes artisian wells and septic systems. Being unduly forced into a city water system will inflict unwanted and unnecessary expense to our family and to our neighbors. In addition to the financial hardship, we fear the unnecessary change to our subdivision will invoke extreme pressure to further subdivide our properties with the subsequent loss of our present rural environment. Our family as well as our neighbors purchased property within our subdivision based on it's rural atmosphere which includes the self- sufficiency of its infrastructure. We, therefore, request that you remove our subdivision from within the boundaries of the LID 2007-1 proposal -147 17?1,172. p 12 ? -t 17 ry ./ 5rz7 14 -7 ,z3, --y/ ).-1,p /72 -r_7 f.m7/ J77ArU'J 21/ ) 77-17 / 7 L)--(/ ?:)721/1 7 -s -7.s— 0 7 67 /747.s 7)1/(./ d 'V -7 )2 ),(J ri 1-42.-7 .1-. L'? 2S522 ---14-s7 Ca -2 7-C7 -r?-5 2:21701 -2, ?-7 77172 2-t7771 3 or' c -27 d-5 ?7? C-1 SS Qci' —7—y4 City of Eagle, Idaho 660 E. Civic Lane Eagle, ID 83616 RECEIVED & FILED CITY OF EAGLE SEP 11 2007 File: Route to. Attention: City Clerk Subject: Local Improvement District No. 2007-1 September 10, 2007 To Whom It May Concem: This letter is to serve as my official objection to the proposed local improvement district, No. 2007-1. I am basing my objection on two premises: First, while my subdivision (Great Sky Estates) is currently served by Eagle Water Company, parts of the proposed district are in areas served by United Water, particularly those north of Floating Feather Road. It stands to reason, then, that the city intends to assess properties outside of Eagle Water's current service area. Why, then, is the city not simply defining the improvement district as all properties within the current city limits? In other words, if Brookwood, which is served by United Water, is included in the district, it stands to reason that other areas within the city but outside of Eagle Water's service area, such as Island Woods or Two Rivers, should be included in the district. Second, it is troubling that the city has not offered any ballpark estimates of the actual increases in service fees. An earlier notice mentioned that there would likely be an increase, but this increase has never been stated concretely. Is an increase" 20% or 200%? If estimates such as these are presently unavailable, it seems that the city has not completed a thorough study of the situation that will facilitate sound projections. The district should not be pursued any further until this issue is completely addressed. Sincerely, Uoct Todd Fogdall 1068 S. Eagle Rock PI. Eagle, ID 83616 SEP 11 '07 17:26 FR FSB CBD ID September 11, 2007 Mayor and City Council City of Eagle Eagle, Idaho, 83616 Dear Mayor and City Council Members: 208 393 2472 TO 99396827 P.02/02 As a 13 year resident of the City of Eagle in the Ranch Estates subdivision I am extremely concerned about and opposed to the potential inclusion of Ranch Estates subdivision in the local improvement district that is being proposed as part of the city's purchase of Eagle Water Company. ft appears, according to the map that was printed in the Idaho Statesman that my subdivision was included in the proposed boundary of the LID while many others were not. Maybe you should be reminded that Ranch Estates subdivision is not connected to the Eagle Water Company system nor do any of the lots therein ever intend to be because we all have private domestic wells. The only areas of Eagle that should be included in the LID are those areas that would specifically benefit from the improvements to or from the existing public water system. I should not have to pay increased taxes to finance any proposed LID bonds when I would not benefit from the system. Any existing private well owners that will not be connected to the Eagle public water system should not have to subsidize its cost; only those users that use the water should have to pay. This smacks of gerrymandering and gaming the system so that those who don't want it will have to pay for new development that will be connected to the system. Thank you for your consideration and in removing Ranch Estates from the LID. Regards, rian W. Cook 2201 N. Canter Place Eagle, Idaho 83616 939-6203 ** TOTAL PAGE.02 ** Tracy Osborn From: Theresa Verschuren Sent: Tuesday, September 11, 2007 11:30 AM To: Ann Faltin Subject: RE: LID Dear Ann, RECEIVED& FILED CITY OF EAGLE SEP 1 1 2007 File: Route try Thank you for copying me today on your 2nd email to Dave Milan. I wanted you to know that Mr. Milan is no longer with the City of Eagle, and we are sorry that your email wasn't addressed. Please know that I will pass along your email to the Council and staff so that they can be aware your comments and questions. Tonight, the Council will be addressing questions like yours and others, so I hope that you will be able to attend this Open House discussion. Thank you. Theresa Theresa Verschuren Administrative Assistant City of Eagle 489-8790 From: Ann Faltin [mailto:afaltin@gwest.net] Sent: Tuesday, September 11, 2007 9:56 AM To: Dave Milan Cc: Theresa Verschuren Subject: UD David: I sent this originally on August 30 and never received a reply. I did hear from the city that there is an open house tonight about the LID and I hope to attend. However, I object to the fact that we are getting the information so late as to still not be able to make an informed decision. Additionally, I object to the fact that you chose not to respond to my e-mail, even though your press release of July 11th says if we have questions to contact you. Ann Faltin 1548 N. Wimbledon PI. Eagle, ID 83616 ----- Original Message -- From: Ann Faltin To: dmilan(citvofeaale.orq Sent: Thursday, August 30, 2007 10:25 AM Subject: Proposed LID to purchase Eagle Water Company David, 9/11/2007 Page 2 of 2 I am a resident of Eagle and received the notice of hearing for the creation of the LID to purchase the Eagle Water Company and I am trying to find out more information about this proposal. The only information I can find is the press release on July 11th from the City of Eagle. I have searched the city council minutes on the website (although they are not up to date) and can't find any discussion about the purchase or the creation of the LID. I am not immediately opposed to the LID, but can't make an informed decision with the information at hand. My questions are: 1. What will be the cost per lot within the LID? The press release says close to 5000 customers will benefit and the notice says the cost is $7.2 million paid for by a levy of assessments on property benefited by the project. My math says that is about $1440 per lot, is that correct? Or, are 5000 customers really 1000 households with 5 people each where the cost would be $7200 per household. How can we determine if this is a good deal without know what it is costing each of us within the LID? 2. How is an LID formed? Do we get to vote on the formation or is it voted on by City Council and we live with the results? The press release doesn't even mention an LID, but says that an agreement has already been signed and a price agreed upon subject to the due diligence process. Is that due diligence complete? It also says we'll have a rate increase if the purchase is made. Is this in addition to the cost of the LID? 3. The press release says that, among other things, it will increase capacity. Will this increased capacity benefit the many new subdivisions and homes being proposed and if so, will they pay a "late comers" fee as they come into the system and thereby reduce the cost to each of us within the LID? 4. I have no idea what the "benefits derived method of assessment" is. Could you please explain that to me? 5. I believe that we are being asked to accept or opposed the formation of this LID with little or no information and this is not a good thing. Please provide me with as much information as possible so that I can make an informed decision. Thank you for your timely response to this inquiry. Ann Faltin 1548 N. Wimbledon PI. Eagle, ID 83616 afaltinta'�.awest. net 9/11/2007 RECEIVED & FILE ► CITY OF EAGLE September 9, 2007 Ste 1 1 2007 File: Route to• Eagle City Council c/o City Clerk Eagle City Hall 660 East Civic Lane Eagle, Idaho 83616 Re: Local Improvement District No. 2007-1 To the Members of the Eagle City Council: I own property at the address indicated below that is proposed for inclusion within Local Improvement District No. 2007-1 ("LID"). The Notice that I received regarding the proposed LID was incomplete and ambiguous. Accordingly, I have numerous questions about the proposed LID, its impact on my property and my water rights, and the amount of any assessments I would be obligated to pay. Accordingly, I protest creation of the proposed LID and, in the alternative, would request that my property be excluded from the LID. It appears that the proposed LID may violate applicable Idaho and federal law, including, without limitation, Idaho Code Title 50, Chapter 17, and the due process and takings provisions of the Idaho and United States Constitutions. My questions and concerns include, but are not limited to, the following: 1. the Notice did not provide adequate information or description of the Project to be acquired and the City apparently did not undertake an adequate review of the need for the acquisition or of the value of the property to be acquired. 2. the extent to which the water rights for my property, including water rights for a private domestic well and for irrigation from Farmers Union Canal Company, would be affected by the proposed LID is unclear; 3. whether my property will be benefited by the proposed LID, whether it would be subject to assessments by the proposed LID and on what basis such assessments will be imposed also are unexplained; 4. the scheduled public "open house" on the proposed LID is not part of the official process recognized for the establishment of the LID and any such open house apparently shall not be part of the official public record in this matter and, therefore, is inadequate to correct any legal defects in the required statutory process. Sincerely, ..Signature jie CJ. Lr Print Name r / e ,Jd, ?30e September 9, 2007 Eagle City Council c/o City Clerk Eagle City Hall 660 East Civic Lane Eagle, Idaho 83616 Re: Local Improvement District No. 2007-1 To the Members of the Eagle City Council: RECEIVED & FILED CITY OF EAGLE SEP i 1 2007 Fite: Route ti• I own property at the address indicated below that is proposed for inclusion within Local Improvement District No. 2007-1 ("LID"). The Notice that I received regarding the proposed LID was incomplete and ambiguous. Accordingly, I have numerous questions about the proposed LID, its impact on my property and my water rights, and the amount of any assessments I would be obligated to pay. Accordingly, I protest creation of the proposed LID and, in the alternative, would request that my property be excluded from the LID. It appears that the proposed LID may violate applicable Idaho and federal law, including, without limitation, Idaho Code Title 50, Chapter 17, and the due process and takings provisions of the Idaho and United States Constitutions. My questions and concerns include, but are not limited to, the following: 1. the Notice did not provide adequate information or description of the Project to be acquired and the City apparently did not undertake an adequate review of the need for the acquisition or of the value of the property to be acquired. 2. the extent to which the water rights for my property, including water rights for a private domestic well and for irrigation from Farmers Union Canal Company, would be affected by the proposed LID is unclear; 3. whether my property will be benefited by the proposed LID, whether it would be subject to assessments by the proposed LID and on what basis such assessments will be imposed also are unexplained; 4. the scheduled public "open house" on the proposed LID is not part of the official process recognized for the establishment of the LID and any such open house apparently shall not be part of the official public record in this matter and, therefore, is inadequate to correct any legal defects in the required statutory process. Sincerely, i i ;•• Signature Print Name I ,, ,kf September 11, 2007 Eagle City Council 660 E. Civic Lane Eagle, ID 83616 RECE VEb & F"rL,».iiDw.�, al CITY OF EAGLE SEP 1 1 2007 File. Route to. Dear City Council Members: This letter is in response to the notice I received about the creation of a local improvement district and potential water project. As I have tried to find out more information about this proposed project, I have been alarmed at the responses. Furthermore, writing a letter before the public hearing where, I hope, the entire Project will be presented so that we who are potentially impacted can learn exactly what is included in this proposal. Additionally, have other options been explored and if so, what are they? Since we have been given the opportunity to respond even before the appropriate information is given to us, I adamantly make the following points: 1. It seems we are headed for yet another forced situation, where the city has already agreed to purchase the Eagle Water Company, notifying residents after the fact. Isn't this backwards?!! 2. According to information I have gathered, our properties will have liens placed on them until the assessment is paid—that is completely outrageous— especially for me since I have my own well and won't be using city water!! 3. As for the future growth of Eagle (and those who will really benefit from such a project), developers must be held responsible for providing their own water sources and distribution systems within their development projects and not rely on city services such as water and sewer. Those services can then be paid for within the homeowner's associations, etc., instead of making us pay for everyone now. 4. The estimated total cost is, simply put, too much money. The letter indicates a hefty assessment and a rate increase. Common sense tells me it's much more effective and far less expensive to put in another well or two and continue to use the current distribution system. Again, future demand should be paid for by future residents and not us. 5. After complete information and facts have been given to the residents included in the area of impact, then this proposed Project should be put to a community vote giving all residents in the area of impact the final decision. It's been said before and I'll say it again. Eagle's explosive growth must be better managed. Developers must provide their own infrastructure including water sources and systems. If you didn't know before, you surely must know now that water is a precious and limited resource. Curb the demand instead of depleting the resource! Thank y y� tiaRogd:IS4 David L. Brady 909 Arlington Drive Eagle, ID 83616 Rt'1VL & CITY OP OP MOLE SEP 1 1 2007 September 1 ),Figp7 Route to' TO: City of Eagle Subject: Proposed Local Improvement District No. 2007-1 This letter is an objection to the subject LID. As described, the boundaries of the LID include a large number of homes that do not currently subscribe to domestic water. Owners of these properties would not necessarily benefit from the LID, as they have their own wells and have no need for water to be provided by the City or any other provider. Idaho Statutes authorize the creation of a LID and allow assessments on property which would benefit by the improvements provided by the LID (note the underlined portions of the following excerpt from the governing statute). 50-1703(b) For the purpose of making and paying for all or a part of the cost of any of such improvements (including optional improvements), the governing body of a municipality may create local improvement districts within the municipality, levy assessments on the property within such a district which is benefited by the making of the improvements and issue interim or registered warrants and local improvement bonds as provided in this chapter. If the City were to purchase Eagle Water for $7,200,000, the assessment of a levy to pay for that purchase would constitute a financial burden upon homeowners who would not benefit from the purchase. If, after such a purchase, the City were to require these homeowners to hook up to the system, this would either require an additional expense to the homeowners, or an additional LID would have to be established to pay for the hookups—again requiring additional expense which would be further compounded by monthly fees for the water. Further, Idaho Code 50-1703 does not provide for the acquisition of a municipal waterworks through a LID; it does provide for construction, repair, etc. of an existing waterworks. On the other hand Idaho Code 50-1703(a)(12) does a provide for a LID to be created "...to make any other improvements now or hereafter authorized by any other law, the cost of which in whole or in part can properly be determined to be of particular benefit to a particular area within the municipality..." Again, the statute makes particular reference to the "particular benefit" which arguably does not exist. Perhaps Eagle Water Company should be purchased by a private investor. Has a search been made to find an investor? If so, and the result was not positive, is it because the purchase does not appear to be a sound investment? I would suggest that if the City believes that it is in the best interests of Eagle to acquire Eagle Water Company, the appropriate means to provide funding for the purchase would be either 1) through issuing a coupon bond (Idaho Code 50-1020), or 2) through revenue financing whereby the purchase cost would be repaid through the fees derived from the services provided. Revenue financing would insure that the costs of the system would be paid for by the recipients of the service. Further, this method of financing would require that the City demonstrate to the lender that the investment is sound and that there would be sufficient revenue to justify the purchase. The residents of the city—the taxpayers—deserve to know that the expenditure of $7,200,000 is a solid investment that will provide a benefit now and in future years. Thank you for considering these comments in your deliberations. Sincerely, David L. Brady Page 1 of 2 Sharon Bergmann From: Sharon Bergmann Sent: Tuesday, September 11, 2007 11:15 AM To: Bill Vaughan; City Council Grp; Vern Brewer (vern@holladayengineering.com) Subject: FW: Local Improvement District No: 2007-1 Importance: High Sharon K. Bergmann C.M.C. City Clerk/Treasurer City of Eagle, Idaho P.O. Box 1520 208-939-6813 ext. 202 Original Message From: Brian Jamieson[mailto:brian@redwindproductions.com] Sent: Monday, September 10, 2007 7:41 PM To: eaglecity Cc: 'Brookwood Subdivision' Subject: Local Improvement District No: 2007-1 Importance: High Dear Sir / Madam, 1 wish to express my absolute opposition to the proposed purchase of the Eagle Water Company. 1. Why does the City feel it is their necessity to buy and operate the water utility? 2. This only makes sense if there is an advantage to the Homeowners. 3. Frankly I can see "no" advantage to homeowners and certainly not to the homeowners of the Brookwood Community. 4. We are serviced in Brookwood by United Water, which is an excellent service, and I refuse to be levied, by the City to buy a system, that does not service the Brookwood area. 5. By and large I think the City of Eagle is doing a great job, but this makes no sense to me. 6. Rather it suggests that the City is being fiscally irresponsible. 7. If anyone needs to purchase the water utility company, perhaps it should be United Water, but certainly not the City of Eagle. I respectfully suggest you continue to focus on the interests of the homeowners, the tax pavers you are employed to serve, and not pursue this fiscally irresponsible protect, that will only bring a further burden to the Brookwood homeowners. If you are looking for votes, then count me out! Thank you, 9/11/2007 Page 2 of 2 Brian Jamieson 1617 Dragonfly Place Eagle Idaho 83616 Q/1 1 /111117