Minutes - 2007 - City Council - 09/18/2007 - Regular
ORIGINAL
EAGLE CITY COUNCIL
Minutes
September 18,2007
PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m.
CALL TO ORDER: Mayor Merrill calls the meeting to order at 6:40 p.m.
ROLL CALL: BASTIAN, GUERBER, NORDSTROM, BANDY. All present. A quorum is
present.
I. Layne Dodson with Idaho Power will discuss the burying of power distribution lines. Layne
Dodson was unable to attend the meeting.
2. City Clerk/Treasurer Report: I have provided you a Memo on the designation of polling
places. The Ordinance to change the election precincts on your agenda tonight. Discussion on
polling places and election precincts.
The Classic Car Show sponsored by the Historical Commission and the Vintage Gems was a
huge success. There were 73 cars registered which brought in $930.00 to the Historic
Commission. We are planning bigger and better for next year.
A side note to the Car Show, I would like to get pricing for the City to buy barricades and cones.
The Arts Commission spends money on barricades and cones each year and we need to do the
same for the car show. Council concurs to get pricing and bring back before them.
3. City Attorney Report: Discussion on the Water Lease Agreement.
I am going to meet with Ted Argall tomorrow to discuss the water tank and the Velodrome.
General discussion.
Discussion on the Foothill Plan and another economist look at the plan and a formula.
In accordance with Idaho Code, the items under Pending and Threatened for the Executive
Session tonight are both related to the litigation and the PUC with Laynewood. Because of the
issues going through the Planning and Zoning meetings we have assigned Stephanie Bonney to
the P&Z meetings.
4. City Engineer Report: Vern Brewer: Since the last meeting I have been working on responses
and exhibits to the LID.
Lexington # I is up and running. There was a second chlorine break. The lines have been
rerouted so this type of break should not happen again.
The foundation and columns for the water tank have been poured.
Discussion on water rights for the Lexington Wells and the Brookwood well, all three wells are
on the same water right.
5. Zoning Administrator's Report: I attended the Downtown Feasibility meeting this morning.
There will be two applications coming in for buildings downtown that will be asking for a height
exception. Discussion on the meeting.
Discussion on the downtown area that the ordinance for trees and parking will address.
Discussion on height exceptions downtown.
Planner Williams: Discussion on developments West of Eagle Road and North of Beacon Light.
6. Mayor and Council's Report:
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Nordstrom: The next meeting of the Transportation Task Force is on the 24'h. We will have
presentations from the TIP and STlP programs. We will try to bring forth recommendations for
the next year. General discussion.
Mayor: Discussion on the Compass Executive Board meeting and the STlP program, adding
Highway 16 extension and crossing on the STIP program and the Garvey Bonds. General
discussion.
Guerber: Parks and Pathway Committee meeting is tomorrow night.
City Attorney Buxton: Updates the Council on the Velodrome. Mr. Milan was working on
getting sewer to the site. I need to work with Mr. Argall on this.
Mayor: I meet today with Sylvin Williamson and he has agreed to vacate the easement
agreement so the pathway will come across the top and connect with the Monroc pathway and
Garden City.
Guerber: Reports on the Northwest Ada County YMCA. The first meeting of the Performing
Arts Center is also coming up.
Bastian: Reports on the Library Board meeting. The Friends of the Library are making about
$230 a month on their book sales. The Friends are thinking about not doing the annual book sale
and they are looking at alternatives to sell the books. Discussion on the Open Access Agreement
with the Boise Public Library, which is on our agenda tonight. Looking at expansion of the
Library is becoming important as they are running out shelf space.
Reports on the Design Review meeting. Commercial construction continues to go even though
residential is in a slump.
Mayor: I met with Mr. Niblett yesterday and we looked at colors. The texture is going to be
different on the building and the color will not be so bright.
Bandy: There is a Chamber Economic Development meeting Thursday morning. Next week on
the 26'h is the Chambers Government Affairs Meeting and they will be talking about the
candidates forum coming up at the Chambers luncheon on October 9th and on that Agenda will
be the upcoming Legislative Meeting.
Mayor: I meet with Mr. Donny Copple and talked about some funding for the Sports Complex. I
have asked Mike Echeita and The Land Group to get me a cost of how much it will be finish the
park and then I can write a letter to request some funding.
I spent last week in an Emergency Management Workshop. Discusses the workshop.
Discussion on the Dry Creek Study and the head of the Island.
I met with Mayor's Youth Council. They ready to go. They want to do the Healing Fields again
and they want to take on the Seniors. They would do birthdays, holidays and help seniors get to
their appointments and do their errands.. General discussion.
Mayor calls a recess at 7:40 p.m.
Mayor reconvenes at 7:55 p.m.
REGULAR COUNCIL AGENDA: 7:30 p.m.
1. CALL TO ORDER: Mayor Merrill called the meeting to order at the beginning of Pre-
Council.
2. ROLL CALL: BASTIAN, GUERBER, NORDSTROM, BANDY. All present. A quorum
is present.
3. PLEDGE OF ALLEGIANCE: Council Member Guerber leads the Pledge of Allegiance.
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4. PUBLIC COMMENT: C.J. Thompson, I'm representing the North Ada County Foothills
Association, our organization has been following the discussion in the press in regards to the
City's facilitator. Discussion on how her group feels about this process. Some of our members
have met with Mr. Allred. We feel that he has done a fair job. We want to support and
encourage the facilitator's report to the conclusion. General discussion.
5. CONSENT AGENDA:
. Consent Agenda items are considered to be routine and are acted on with one
motion. There will be no separate discussion on these items unless the Mayor, a
Councilmember, member of City Staff, or a citizen requests an item to be removed
from the Consent Agenda for discussion. Items removed from the Consent Agenda
will be placed on the Regular Agenda in a sequence determined by the City Council.
. Any item on the Consent Agenda which contains written Conditions of Approval
from the City of Eagle City Staff, Planning & Zoning Commission, or Design
Review Board shall be adopted as part of the City Council's Consent Agenda
approval motion unless specifically stated otherwise.
A. Minutes of June ]2,2007.
B. Minutes of June 26, 2007.
C. Minutes of July] 0, 2007.
D. Minutes of July 24, 2007.
E. Minutes of August 7, 2007
F. Minutes of August 14,2007
G. Minutes of August 21,2007.
H. Minutes of August 28, 2007.
I. Minutes of August 29, 2007.
J. Minutes of September 4,2007.
K. Minutes of September] ],2007.
L. Authorization of $10.000 expenditure to extend pathwav from Eal!le Sports
Park to foothills. (SG)
M. Eal!le Senior Citizens Van Use Al!reement FY 2007-2008. (SK8)
N. Cooperative Al!reement between Vallev Rel!ional Transit and City of Eal!le
for Annual Dues and Service Contribution FY 2007-2008. (SK8)
O. Service Al!reement for Animal Control Services between City of Eal!le and
the Idaho Humane Society for FY 2007-2008: (SKB)
P. Fist Amendment to Lease Al!reement between the Eal!le Senior Citizens Inc.
and City of Eal!le. (SK8)
Bastian moves to remove Items #B, C, F, and H from the Consent Agenda. Seconded by
Bandy. ALL AYES: MOTION CARRIES................
Bandy moves to remove Items #N and P from the Consent Agenda. Seconded by Bastian.
ALL AYES: MOTION CARRIES...............
Guerber moves to approve the amended Consent Agenda. Seconded by Nordstrom.
Bastian: AYE; Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION
CARRIES........... ...
58. Minutes of June 26. 2007.
Bastian: There are some minor changes on Page 5, 4'h paragraph from the bottom, insert the word
"to" after "to ask the staff'.
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Bastian moves to approve the minutes of June 26, 2007. Seconded by Guerber. ALL
AYES: MOTION CARRIES..................
5C. Minutes of Julv 10. 2007.
Bastian: There are some minor changes: Page ], paragraph #2. Insert "year's budget" at the end
of the last sentence in this paragraph.
Bastian moves to approve the minutes of July 10,2007. Seconded by Bandy. ALL AYES:
MOTION CARRIES.................
SF. Minutes of AUl!ust 14.2007.
Bastian: There are some minor changes: Page 6, Motion made by Bastian, line 5, remove the
word "to" after "staff' and on Page 9 "the Council stepped down for a minute and asked me to
preside over the meeting" the word me needs to be changed to "Council Member Bastian".
Bastian moves to approve the minutes of August 14,2007. Seconded by Guerber. ALL
AYES: MOTION CARRIES...............
5H. Minutes of AUl!ust 28. 2007.
Bastian: There is a significant change in a motion I made on Page 3, at the bottom of the page.
After the word "criteria" insert "and because of the unique characteristics of the building we are
making an exception in this case only".
Bastian moves to approve the minutes of August 28, 2007. Seconded by Guerber. ALL
AYES: MOTION CARRIES..........
5N. Cooperative Al!reement between Vallev Rel!ional Transit and City of Eal!le for Annual
Dues and Service Contribution FY 2007-2008. (SKB)
Bandy: I am trying to reconcile the $21,391.34 to the amounts in the Budget.
City Clerk Bergmann: The $21,391.34 is for annual dues and the funding for the Highway 44
Service. General discussion.
Bastian: City Clerk is the amount in our approved budget.
City Clerk Bergmann: Yes it is.
Bandy moves to approve the Cooperative Agreement between Valley Regional Transit and
City of Eagle for Annual Dues and Service Contribution FY 2007-2008. Seconded by
Bastian. Discussion. Bastian: AYE; Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALL
AYES: MOTION CARRIES..............
5P. First Amendment to Lease Al!reement between the Eal!le Senior Citizens Inc. and City
ofEal!le. (SKB)
Bandy: I am trying to locate where this amount is in the approve budget.
City Clerk Bergmann: This would be under the Public Works Department, Maintenance of the
Senior Citizen Center. General discussion.
Bastian: City Clerk is the amount in our approved budget.
City Clerk Bergmann: Yes it is.
Bandy moves to approve First Amendment to Lease Agreement between the Eagle Senior
Citizens Inc. and City of Eagle. Seconded by Bastian. Bastian: AYE; Guerber: AYE;
Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION CARRIES..............
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6. PUBLIC HEARINGS:
A. Resolution 07-31: A Resolution Of The City Of Eagle, Idaho, Amending Allied Waste
Services Fee Schedule Pursuant To The Solid Waste Contract Recycling Collection Services As
Stated In Section 4.2 A. "Customer Rates - Establishment" And Providing For Effective Date.
Mayor introduces the issue.
Mayor swears in Dave Neal
Dave Neal, Solid Waste Director for Ada County, distributes a handout entitled "City of Eagle
Residential Fee Distribution $16.89 per month" to the Council and discusses the same. Displays
a map showing the boundaries with Ada County and the City of Eagle. Provides a history of the
Ada County Landfill. General discussion.
Mayor opens the Public Hearing
Mayor swears in Dave Fisher.
Dave Fisher, General Manager for Allied Waste, within the last couple of months we have
switched fuel in the trucks that are operating in your City. We are now using bio-diesel in our
trucks. The bio-diesel is soy bean oil that comes out of the mid-west. We are going to burn
] 00,000 gallons less fuel this year. General discussion.
Mayor closes the Public Hearing
Bastian moves to approve Resolution 07-31. Seconded by Guerber. Discussion.
Bastian: AYE; Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION
CARRIES..............
B. RZ-13-05 MOD - Modification to Eal!le Sports Lel!ends LLC (Lel!acv) Development
Al!reement Lel!acv Development - Idaho Development Services LLC: Idaho Development
Services. LLC, represented by Todd Santiago, is requesting a modification to the Eagle Sports
Legends LLC. (Legacy) development agreement to provide a time schedule for the build-out of
the Academy Core area. The 623.9-acre site is generally located approximately I ,850-feet north
of State Highway 44 between Linder Road and State Highway 16. (WEV)
Mayor introduces the issue.
Mayor swears in Todd Santiago
Todd Santiago, applicant, displays overheads and provides Council an overview of the request
for modification. Water and sewer lines are all in as well as the dry utility. We are making
significant progress on our well house. The well house will be completed on October 15th. We
have a worked out an agreement with the land owners to the North, Capital Development, who
did not want the overhead power on Floating Feather. Our agreement is to split the cost with
them to take that underground from Linder Road past our entrance and past their entrance.
Those lines are in and the construction will be finalized to take power to the well house in the
next few weeks. October] 5th still on track to get that done. All of the other infrastructure will
be done by the end of the year. There have been some comments that the project has stopped
because of the market and that is not true. If you drive out to the project you can see the work
that is being done. General discussion.
Planner Williams: Provides Council an overview of the request for modification. General
discussion.
Mayor opens the Public Hearing
Mayor closes the Public Hearing
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General discussion.
Nordstrom moves to approve RZ-13-05 MOD - Modification to Eagle Sports Legends LLC
(Legacy) Development Agreement Legacy Development with the substitute language as
presented in the Staff Report 3.4.4.2.3. and the inclusion of Exhibit XX going forward and
authorize the Mayor to Sign. Seconded by Bandy. ALL AYES: MOTION CARRIES......
7. UNFINISHED BUSINESS:
A. Keith Allred update and contract amendment:
Mayor introduces the issue.
Keith Allred provides Council an update on the project and the brief. General discussion.
Discussion on completing the project which includes revision of the brief. doing the actual
survey and the compiling the results. Discussion on the additional cost to finish the project. I am
just under the original $19, I 00 approved. I estimate that it will take $15,000 to complete the
project. I have given a "hometown discount" and would consider a further discount in order to
complete the project. General discussion.
Nordstrom: As I recollect the whole intent of this was to gather enough basic information to
create a baseline that could be a document that could be available to anyone so we could
eliminate emotional testimony. That is what I thought we were going to get. We have gone on
with the process of developing this brief. We are at ajuncture where we need to simply say that
the brief is finished minus perhaps the addition of the random survey poll. We were talking
about going to the next phase. My suggestion to Council is that we summarize the brief, ask
Keith to finish it as it stands, include the random samples and update the information and then
take that document and post it as public information. Discussion on the collaborative polling.
General discussion on due process.
City Attorney Buxton: Discusses due process and State Statutes and Case Law. Discussion on
the threat to sue and the criticisms that I am getting and the City is getting. The documents that
Mr. Allred has created, not just the brief itself, are public documents and they need to be made
available for the public to review.
General discussion.
Bastian moves to authorize Keith Allred to complete his foothills report which shall consist
of refining the draft report with the latest information that he has received and to make it
as accurate as possible and we authorize the expenditure of additional funds to complete
the report and that we receive an estimate from Mr. Allred as to that cost which we could
put on our next meet on September 20, 2007 and that the plans to do the random sample
and the publishing of results be dropped from this project and we simply have the report.
That the report is a public document and will be put on the Eagle Website. Seconded by
Nordstrom. Bastian: AYE; Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES:
MOTION CARRIES..............
Mayor calls a recess at 10: I 0 p.m.
Mayor reconvenes at ] 0:25 p.m.
Nordstrom moves to amend the Agenda to add as Item #8C. Resolution No. 07-33 to
approve the Open Access Agreement. Seconded by Bastian. ALL AYES: MOTION
CARRIES.............. .
8. NEW BUSINESS:
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A. Ordinance No. 581- Amendinl! Election Precinct Boundaries for Municipal Elections:
An Ordinance of the City of Eagle, Idaho, amending Title], Chapter 9, Section 3: Municipal
elections and providing an effective date. (SKB)
Mayor introduces the issue.
Bastian moves, pursuant to Idaho Code, Section 50-902, that the rule requiring Ordinances
to be read on three different days with one reading to be in full be dispensed with, and that
Ordinance #581 be considered after being read once by title only. Bastian reads Ordinance
#581 by title only. Seconded by Bandy. ALL AYES: MOTION CARRIES.................
Bastian moves that Ordinance #581 be adopted. Seconded by Bandy. Bastian: AYE;
Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION CARRIES......
General discussion.
B. Ordinance No. 582: An Ordinance amending Eagle City Code Title], "Administrative",
Chapter 6, "City Officers and Employees", Section D "Deputy City Clerk", and Providing an
Effective Date. (SKB)
Mayor introduces the issue.
Bastian moves, pursuant to Idaho Code, Section 50-902, that the rule requiring Ordinances
to be read on three different days with one reading to be in full be dispensed with, and that
Ordinance #582 be considered after being read once by title only. Bastian reads
Ordinance #582 by title only. Seconded by Nordstrom. ALL AYES: MOTION
CARRIES.............. ...
Bastian moves that Ordinance #582 be adopted. Seconded by Bandy. Bastian: AYE;
Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION CARRIES.........
C. Resolution No. 07-33: A Resolution Approving An Open Access Agreement Between The
City of Eagle, Eagle Public Library, and the City of Boise, Boise Public Library, allowing
Reciprocal Access to Library Patrons of Each City; Authorizing the Mayor and City Clerk to
Execute and Attest said Agreement on behalf of the City of Eagle; and Providing for an Effective
Date.
Mayor introduces the issue.
Nordstrom moves to approve Resolution No. 07-33, A Resolution Approving An Open
Access Agreement Between The City of Eagle, Eagle Public Library, and the City of Boise,
Boise Public Library and authorize the Mayor to sign. Seconded by Bastian. Discussion.
Bastian: AYE; Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION
<:ARRIES............
Nordstrom moves to amend the Agenda and move Item #10 to Item #8D. Seconded by
Bandy. ALL AYES: MOTION CARRIES................
D.(lO.) RESOLUTION No. 07-32: A Resolution of the City of Eagle, Idaho, approving and
ratifYing the lease of certain water rights with the Idaho Department of Water Resources,
authorizing the lease payment; and providing an effective date. (SKB)
Mayor introduces the issue.
General discussion.
Nordstrom moves to approve RESOLUTION No. 07-32, a Resolution of the City of Eagle,
Idaho, approving and ratifying the lease of certain water rights with the Idaho Department
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of Water Resources, authorizing the lease payment; and providing an effective date and
authorizing the Mayor to sign. Seconded by Guerber. Bastian: AYE; Guerber: AYE;
Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION CARRIES............
9. EXECUTIVE SESSION:
A. Pendinl! & Threatened Litil!ation: I.C. S67-2345(f)
Mayor introduces the issue.
City Attorney Buxton: In accordance with Idaho Code, the threatened litigation and pending
litigation is in regards to Laynewood.
Bastian moves to go into Executive Session for the discussion of pending and threatened
litigation, I.C. - Section 67-2345(t). Seconded by Nordstrom. Bastian: AYE; Guerber:
AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION CARRIES.....................
Council goes into Executive Session at 10:35 p.m.
Council discusses pending and threatened litigation.
Council leaves Executive Session at ] 0:57 p.m.
Bastian moves to authorize the City Attorney to file a Complaint for Breach of Contract
Against Capital Development Corporation and authorize the Mayor to sign. Seconded by
Guerber. Bastian: AYE; Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES:
rv[()1rI()N <:ARRIEIS.....................
Discussion on putting questions on the web site.
] O. ADJOURNMENT:
Bastian moves to adjourn. Seconded by Guerber. ALL AYE: MOTION
<:ARRIES..................
Hearing no further business, the Council meeting adjourned at I] :00 p.m.
Respectfully submitted:
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A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT EAGLE CITY
HALL
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7c ��1� 7
Dear Madam Mayor, members of the city council,
I live at 1440 N. Meridian Rd. with my wife and daughter. We
represent the 4th and 5th generation Eagle residents and have lived
on our site since 1976. Eagle is our home and we plan on staying
as long as we can.
However, many changes have made it difficult.
1. Irrigation water.
In the days before all the subdivisions, all of us on the water
lateral would work together to make our Limited water work
for us. In order to push water across our fields, it takes a
larger head of water than we would receive individually, so
we shared our water with each other by planting different
crops that need water at different times, allowing everyone to
have a larger head of water to get the job done. Now with
the section nearly subdivided, we can no longer do this, we
only receive water once every 14 days at best, sometimes
users upstream pump or divert water from our lateral causing
us to fall far short of the necessary water to raise any crops
on our land, not even allowing us to keep the entire
properties green.
2. Cost of living.I am a vocation instructor at BSU. In the past
5 years my property taxes have jumped with staggering
percentages while my income raises have been lucky to
break 1 percent in some years. The tax assessor says we
have high dollar real estate — too bad.
What we have is a property that cannot be farmed and needs
to and will be redeveloped in order for us to afford our status
as citizens of Eagle. We love our property and have 2
options available to us. First is the same option that the
Pumpkin Patch took which is for each owner to individually
break up their property. This is not our desire, as I listened
to you spent a lot of time in a hearing learning about the
negatives involved with such a development, but is now the
only option we have. Our second option is our proposal you
have in front of your tonight. I would be willing to sign a
promise to develop in the city of Eagle in order to afford this
option.
What this option really gives me is the encouragement and
incentive to work together with the majority of my neighbors
to eventually develop something that would fit the new Eagle
and allow me and my family to continue as proud Eaglites.
Sincerely,
L.64Let
Carol Schroeder
Qwest Mail Print Message Page 1 of 2
Mail
by 1' Windows Live
Letter to Eagle City
From: tlharris@micron.com
Sent: Tue 9/11/07 9:44 AM
To: nancyharris1628@msn.com
Cc: tlharris1628@msn.com
Hi Dear,
I have printed a hard copy for you, that I will give you when I bring your lunch.
Love you... Terry
From. Terry L. and Nancy Harris
Address. 1628 N. Meridian Rd.
Eagle, Idaho 83616
To: Eagle City Planners and Counsel members,
Date. September 10. 2007
CG -
My comments here are in regard to "CPA -5-07 - Comprehensive Plan Map Amendment from Residential Estate to
Residential One - Mark Beckman"
Because of requirements from my employer. 1 cannot attend the public hearing on September I I, 2007. 1 request that in my
absence this be read or placed on record.
My family has lived in Eagle for nearly 5 generations. One time after 1 played a hard fought game for the Eagle Jr. High
football team. my dad introduced me to the great taste of an ice cream soda at Orville .Jackson's. Needles to say. I am not the
new kid on the block, and I sometimes get annoyed when 1 hear people that have moved here recently, and act offended
when they feel their community changes around them. I can easily say. that the land around Eagle made lush and fertile off
the backs of hard working farmers scraping to make a living, now grows some of the most beautiful homes one can imagine.
I have seen the face of Eagle change from tractors, cows. hay wagons, and silage trucks, to Lexus, Beamers, and some of the
largest houses, and elaborate berms and landscaping that money can buy. I am not implying that this is bad, but it is a double
edge sword for some of us who have been here for much or nearly all of our lives, and would like to continue to call this our
home.
There are a few of us that have watched this development enclose the world around us. Oh yes... this progress acid growth
has literally surrounded and encompassed the somewhat small area of our homes and land, and forever changed our life style.
With the rising cost of taxes, and the increased difficulty, of getting sufficient water for useful irrigation. it has greatly limited
what we are able to do with growing crops. or even sustaining a usable pasture.
As responsible and long time citizens of this area, we have to contemplate and plan for our future. This planning includes
what we can and will be able to do w ith our property as the roads widen and the population continues to grow around us. In
consideration to the most recent requirements for set backs, sewer, and water, even if we were to develop our properties
under the current Eagle City Comprehensive Plan, it would likely not be a cost effective endeavor.
Changing the Eagle City Comprehensive Plan to 1 unit per acre is the only viable means to make it possible to afford to
develop our properties, under the guide of Eagle City. This would also addresses a safety factor to avoid multiple access
points on both Floating Feather and Meridian roads, which ACIID is planning to substantially widen due to the ever-
increasing traffic.
The requirements for new development have changed since the development of Cantebury, and Cavallo. 1 acre lots will
make a good transition to the 1.5+ acre lots across the canal and irrigation ponds. it provides the ability do develop this
http://by 120w.bay 120.mail.live.corn/mail/PrintShell.aspx?type=message&cpids=687e3452... 9/11/2007
Qwest Mail Print Message
•
Page 2 of 2
corner with the same character as the Colony subdivision (right across the street of Floating Feather), including sewer
connection, which is a far better option to handling sewer.
1 please ask Eagle City to approve our request to amend the Comprehensive Plan Map. It really is the right thing to do.
Thank you, Terry L. Harris
http://by 120w.bay 120.mail.live.com/mail/PrintShell.aspx?type=message&cpids=687e3452... 9/11/2007
Recording Requested By and
When Recorded Return to:
City of Eagle
660 E. Civic Lane
P.O. Box 1520
Eagle, Idaho 83616
DEVELOPMENT AGREEMENT
C.eti( 9 /0 7—
For Recording Purposes Do
Not Write Above This Line
This Development Agreement, made and entered into on the date as indicated herein, by and
between the City of Eagle, a municipal corporation in the State of Idaho ("Eagle"), by and through its
Mayor, and Hormaechca LTD HORMAI: CHEA LIMITED PARTNERSHIP. an Idaho limited partnership.
("Applicant").
WHEREAS, the Applicant is the owner of record of certain real estate located at 6477 W. Beacon
Light Road, Eagle, Idaho, ("Property"), as specifically defined in the attached legal description (Exhibit A)
which is the subject of an application for Rezone identified as Rezone Application No. RZ-10-07; and
WHEREAS, the proposed development (the "Development") includes properties within an area
currently zoned RUT(Rural Urban Transition); and
WHEREAS, the Applicant desires a MU -DA (Mixed Use with a development agreement) zoning
classification, a R -4 -DA (Residential Four with a development agreement) zoning classification and a R -2 -
DA (Residential Two with a development agreement) zoning classification to develop a mixed use and
residential development on the above described property, which is herein referred to as the "Property";
and
WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have determined
that the scope of any project upon the Property must be limited with the use of a development agreement to
prevent undue damage to, and to otherwise be in harmony with, the existing community; and
WHEREAS, the intent of this Development Agreement is to protect the rights of Applicant's use and
enjoyment of the Property while at the same time limiting any adverse impacts of the development
Development upon neighboring properties and the existing community and ensuring the Property is
developed in a manner consistent with Eagle's Comprehensive Plan and City Code; and
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WHEREAS, the Applicant has agreed to the use restrictions and other limitations set forth herein
upon the use and development of the Property and has consented to a MU -DA (Mixed Use with a
development agreement) zoning classification, a R -4 -DA (Residential Four with a development agreement)
zoning classification and a R -2 -DA (Residential Two with a development agreement) zoning classification
for the Property with the requirements set forth in this Development Agreement; and
WHEREAS, the Applicant has previously provided Eagle with an affidavit agreeing to submit the
Property to a Development Agreement pursuant to Eagle City Code Section 8-10-1(C)(1); and
WHEREFORE, the Applicant and the City of Eagle desire to resolve the issues and concerns that
have arisen and for and in consideration of the mutual covenants contained herein, it is agreed as follows:
ARTICLE I
LEGAL AUTHORITY
Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the property that is the
subject of the application to MU -DA (Mixed Use with a development agreement) zoning classification, a
R -4 -DA (Residential Four with a development agreement) zoning classification and a R -2 -DA (Residential
Two with a development agreement) zoning classification, after recordation of, and subject to the
provisions of this Development Agreement. The ordinance will become effective after its passage,
approval, and publication and the execution and recordation of this Development Agreement.
ARTICLE II
ZONING ORDINANCE AMENDMENT
Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the Property that is the
subject of the application to the MU -DA (Mixed Use with a development agreement) zoning classification,
a R -4 -DA (Residential Four with a development agreement) zoning classification and a R -2 -DA
(Residential Two with a development agreement) zoning classification, after recordation of, and subject to
the provisions of this Development Agreement. The ordinance will become effective after its passage,
approval, and publication and the execution and recordation of this Development Agreement. (This is a
repeat of the prior article. Shouldn't the Prior article say something about the legal authority under which
this Development Agreement is entered into?1
ARTICLE III
CONDITIONS OF DEVELOPMENT
1.1 All development of the Property shall be consistent with the Eagle Architecture
and Site Design Book and the Eagle City Code 8-2A and be generally consistent with the Concept
Plan attached hereto as Exhibit A ; provided, however, it is the intent of this Agreement to allow
flexibility at the time a detailed plan and platting are submitted to the City so long as the general
intent of the Concept Plan and the requirements set forth in this Agreement are met.
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1.2 Applicant will develop the Property subject to the conditions and limitations set
forth in this Agreement. Applicant will also submit such applications regarding design reviews,
preliminary and final plat reviews, conditional use permits, if applicable, and any other applicable
applications as may be required by the Eagle City Code in effect at the time this Agreement is
recorded, provided that Applicant may, at its sole discretion, request to use the current version of
the Eagle City Code at the time of platting.
1.3 Development of the Property shall comply with Eagle's Comprehensive Plan and
City Code as in effect at the time this Agreement is recorded, provided that Applicant may, at its
sole discretion, request to use the current version of the Eagle City Code at the time of platting.
1.4 Development of the Property shall comprise two primary elements: residential
development and mixed use development, as described below:
1.4.1 Residential Development
1.4.1.1 Up to 1,824 dwelling units may be developed on the Property
which is an equivalent gross density of 4.9 residential dwelling units per
acre.
1.4.1.2 Residential development on the Property shall include 132 acres
of Residential Two (R-2), 140 acres of Residential Four (R-4), and 100 acres
of Mixed Use (MU).
1.4.1.3 The Residential densities illustrated in the conceptual plan are
maximums. The maximum density within the R-2 zone is two (2) units per
acre and the maximum density within the R-4 zone is four (4) units per acre.
1.4.2 Mixed Use Development
1.4.2.1 Mixed Use land uses shall be limited to 26.8% of the Property.
The Property shall be developed in compliance with the Eagle City Code and
Eagle's Comprehensive Plan as adopted at the time this Agreement is
recorded, except as otherwise provided in Section 1.3 of this Agreement.
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.1
1.4.2.2 Commercial uses shall conform with the "Community
Commercial" guidelines with -in the City of Eagle Comprehensive Plan dated
February 13, 2007, except as otherwise provided in Section 1.3 of this
Agreement.
1.4.2.3 For each acre zoned Mixed Use (MU) that is not developed as
residential, 10 dwelling units shall be removed from the total maximum
allowed number of dwelling units provided under Section 1.4.1.1 ( 1,824
units) for the Property.
1.5 If the applicant chooses, a portion of the Property may be provided to the
Meridian Joint School District or other public school authority for use as one or more public
school or public charter school sites. The school site(s) shall be subject to Eagle's design review
process and standards set forth in Eagle City Code Section 8-2A.
1.5.1 Up to 50% of the site or the non -building portion of the site may be
credited toward the open space requirement for the deal entDeveloament.
1.5.2 The school site(s) shall be located north of Floating Feather Road and
access to the site(s) shall originate internally from the Property and not from any
arterial road.
1.5.3 This Agreement is in lieu of a conditional use permit for development of
the school site(s) that would normally be required within the "R2" zoning district.
1.6 Prior to issuance of any building permits, Applicants shall provide proof of
adequate sewer service to the proposed residences and commercial uses, by causing a letter of
approval to be provided to Eagle from the Eagle Sewer District.
1.7 Applicants shall provide a report or analysis of any proposed changes to wetlands
located on the Property, and any such change shall be contingent upon approval by the applicable
state and federal agencies, along with Eagle, and be in accordance with Eagle's Comprehensive
Plan and the Eagle City Code. Applicants agree all development and improvement of the Property
shall comply with all laws and regulations pertaining to regulated wetlands.
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1.8 Applicants shall comply with all rules, regulations, and ordinances of Eagle
except as otherwise provided herein, including but not limited to applications for development
permits as required by Eagle City Code Title 10 (Flood Control).
1.9 Applicants shall comply with the landscape and buffering standards within ECC
8-2A.
1.10 The current conceptual plan for the property does not address the use of private
roads. If the applicant wishes to include private roads this Development agreement
Agreement shall be amended at the time of preliminary plat.
1.11 Except as otherwise expressly provided in this Agreement, the Property can be
developed in accordance with the Eagle City Code in effect on the date this Agreement is
recorded, provided that if the permitted uses for the R (Residential District)and the MU (Mixed
Use District) are expanded, such expanded uses shall be allowed under this Agreement.
1.12 The City and the Applicant -is are planning for potable water service for the
Property and to provide such service agrees to follow the City of Eagle Municipally Owned Water
System PWS #4010201 Amended Master Plan (Revised November 2005) as may -be -may be
reasonably amended from time to time ("Facilities Plan"). Applicant has reviewed the Facilities
Plan and agrees it is reasonable. The City agrees that Applicaotthe Development's connection to
the City's municipal water system is in accordance with the Facilities Plan, and payment of
associated STL and related fees by the Applicant under the Facilities Plan wenidshall serve as
compliance with Eagle City Code section 6-5-23(C). Applicant and the City may establish an
LID, latecomer fees or other equivalent methods for funding of such fees consistent with the
FaoilitesFacilities Plan. Applicant agrees to keen the City informed as to Applicant's coordinate
plat applications -and related construction schedules for the Development with the C-ity-to
• - - - • re e n. ci. e eilitiec P-Ian.in order that the City can
reasonably plan for the provision of water consistent with the Applicant's schedule for
development. Only in the event -the City fails or otherwise refuses to provide potable water
service to the Property -and after receiving a reasonable opportunity to cure such de€ati-Itfailure or
refusal consistent with this paragraph the intent of this paragraph and this Development
Agreement, Applicant may seek alternative potable water service from other capable providers. If
Applicant obtains alternative potable water service from another capable provider after otherwise
complying with this Agreement and eiyine providing the City a reasonable- notice and
opportunity to provide water service as provided herein. Applicant shall be relieved of any
ohhcationslimitations on the transfer of Applicant's water rights -under Paragraph 1.14 below.
1.13 All feedlot and agricultural uses currently operating on the Property shall continue
to be allowed uses, until the submittal of the first preliminary plat/Planned unit development
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144
application for the site at such which time the applicant shall submit a phasing plan for the
removal of the feedlot operation to be approved by the City.
1.14 Because the Applicant's compliance with the Facilities Plan provides for the
potable water needs for the Development without requiring the City to acquire additional water
rights as required by Eagle City Code 6-5-23(C), and because Applicant participated in the
construction of the City's Brookwood well. Applicant shall not be required to transfer any
additional water rights to the City unless the City purchases such rights as set forth in this
paragraph below. -
c iuire n::v-addithenfil-water riahtAlielieant 0.10.14-ffet
ianee ' • . - - - _ . • .' ' . - .. - ...... All existing
ground water and surface water rights held by the Applicant shall remain in the ownership of the
Applicant unless transferred pursuant to this paragraph. Applicant may apply to the Idaho
Department of Water Resources to convert the beneficial use of such water rights as necessary for
development of the irrigation needs of the Development. ' - • - - : •
appuftenent,, Applicant agrees that prior to any transfer of the water rights from the Property,
Applicant will provide the City a right of firsts effeF refusal for or option to purchase ferto
Purchase any ground or surface water rights that the Applicant determines, in its sole discretion,
are no longer needed on the Property for the irrigation needs of its intended development.
ARTICLE IV
AFFIDAVIT OF PROPERTY OWNERS
An affidavit of all owners of the Property agreeing to submit the Property to this Development Agreement
and to the provisions set forth in Idaho Code Section 67-6511A and Eagle City Code Section 8-10-1 shall
be provided and is incorporated herein by reference.
ARTICLE V
DEFAULT
5.1 In the event the Applicant fails to comply with the commitments set forth herein, within thirty (30)
days of written notice of such failure from Eagle, Eagle shall have the right, without prejudice to any
other rights or remedies, to cure such default or enjoin such violation and otherwise enforce the
requirements contained in this Development Agreement or to terminate the Development Agreement
following the process established in Eagle City Code Section 8-10-1.
5.2 If either party is required to proceed in a court of law or equity to enforce any provision of this
Development Agreement, Eagle such party shall be entitled to recover all direct out-of-pocket costs so
incurred to cure or enjoin such default and to enforce the commitments contained in this Development
Agreement, including attorneys' fees and court costs.
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5.31f any term, provi:.ion, c
there y party or
r index -e -f this in,
(Agricultural
invalid or un
held invalid or unenforceable - he
property Mall revert to the A 11
the parti
hearing -provision of Idnhe-C<ide S i by E-agle City Code Section 8 19-6
ARTICLE VI
UNENFORCEABLE PROVISIONS
Subject to terms of Section 5.3 above, if any term, provision, commitment, or restriction of this Agreement
or the application thereof to any party or circumstances shall, to any extent, be held invalid or
unenforceable, the remainder of this instrument shall nevertheless remain in full force and effect and that
portion determined to be invalid or unenforceable shall be re -negotiated in good faith between Applicants
(or other appropriate party) and Eagle.
ARTICLE VII
ASSIGNMENT AND TRANSFER
After its execution, the Development Agreement shall be recorded in the office of the County Recorder at
the expense of the Applicant. Each commitment and restriction on the development Development shall be
a burden on the Property, shall be appurtenant to and for the benefit of the Property, adjacent property, and
other residential property near the Property and shall run with the land. This Development Agreement
shall be binding on the Applicant and owners, and their respective heirs, administrators, executors, agents,
legal representatives, successors, and assigns; provided, however, that if all or any portion of the
deyelopmeilt-Development is sold, the sellers shall thereupon be released and discharged from any and all
obligations in connection with the property sold arising under this Agreement. The new owner of the
Property or any portion thereof (including, without limitation, any owner who acquires its interest by
foreclosure, trustee's sale or otherwise) shall be liable for all commitments and other obligations arising
under this Agreement with respect to the Property or portion thereof.
ARTICLE VIII
GENERAL MATTERS
7.1 Amendments. Any alteration or change to this Development Agreement shall be made only after
complying with the notice and hearing provisions of Idaho Code Section 67-6509, as required by Eagle
City Code Section 8-10-1.
7.2 Paragraph Headings. This Development Agreement shall be construed according to its fair meaning
and as if prepared by both parties hereto. Titles and captions are for convenience only and shall not
constitute a portion of this Development Agreement. As used in this Development Agreement,
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•
masculine, feminine or neuter gender and the singular or plural number shall each be deemed to
include the others wherever and whenever the context so dictates.
7.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws of the
State of Idaho in effect at the time of the execution of this Development Agreement. Any action
brought in connection with this Development Agreement shall be brought in a court of competent
jurisdiction located in Ada County, Idaho.
7.4 Legal Representation. Both the Applicant and Eagle acknowledge that they each have been
represented by legal counsel in negotiating this Development Agreement and that neither party shall
have been deemed to have been the draftor of this agreement.
7.5 Notices. Any notice which a party may desire to give to another party must be in writing and may be
given by personal delivery, by mailing the same by registered or certified mail, return receipt requested
postage prepaid, or by Federal Express or other reputable overnight delivery service, to the party to
whom the notice is directed at the address of such party set forth below;
Eagle: City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
Owner:
HORMAECHEA LIMITED PARTNERSHIPNormaeehea, LTD
1101 W. River Street, Suite 300
Boise, ID 83702
Or such other address and to such other persons as the parties may hereafter designate. Any such
notice shall be deemed given upon receipt if by personal delivery, forty-eight (48) hours after deposit
in the United States mail, if sent by mail pursuant to the foregoing, or twenty-four (24) hours after
timely deposit with a reputable overnight delivery service.
7.6 Effective Date. This Development Agreement shall be effective upon the signing and execution of this
agreement by both parties.
7.7 Termination. This agreement terminates upon completion of Eeeditiensefthe Development -ems
• . ' . occurs first.
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this day of , 2007.
CITY OF EAGLE, a municipal corporation organized
and existing under the laws of the State of Idaho
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e•L"
•
ATTEST:
Sharon K. Bergmann, City Clerk
STATE OF IDAHO )
. ss.
County of Ada )
By:
Nancy C. Merrill, Mayor
HORMAECHEA LIMITED PARTNERSHIP.
an Idaho limited partnership
By:
Michael Hormaechea. General Partner
On this day of , 2007, before the undersigned notary public in and for
the said state, personally appeared Nancy C. Merrill, known or identified to me to be the Mayor of the City
of Eagle and the person who executed the foregoing instrument on behalf of said City and acknowledged
to me that said City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
written.
STATE OF IDAHO )
. ss.
County of Ada )
On this day of
the said state, personally appeared
Notary Public for Idaho
Residing at:
My Commission Expires:
, 2007, before the undersigned notary public in and for
the for personally appeared
Michael Hortnaechea. known or identified to me to be one of the partners in the partnership of
HORMAECHEA LIMITED PARTNERSHIP. and the partner or one of the partners who subscribed said
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partnership name to the foreaoina instrument. and acknowledged to me that he executed the same in said
partnership name.
written.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
Notary Public for Idaho
Residing at:
My Commission Expires:
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City of Eagle
Benefits from the ;;;
Acquisition and Installation of •••••
44
Water System Improvements : �
September 11, 2007
City of Eagle ::*
•
Water Service Providers
•
CITY OF EAGLE
LOCAL IMPROVEMENT
DISTRICT 2007-1
WATER SERVICE PROVIDERS
It
F.
/A 10MG
VV EAGLO SPORTS
PARK RESERVOIR
El 2840
to
L
City Service Area
Eagle Water
United Water Service ,
LID
Boundary
Local Improvement District 2007-1 2
Benefits to Eagle Water Company
Customers within LID
O *•
O 00
# ®
*
• City acquires ownership of local resource for citizens; water
supply and distribution system in public trust forever
• Acquisition and improvements will remove the EWC system
moratorium by DEQ
• Connection to new elevated 1 -MG Storage Reservoir will
provide stable and reliable water pressure throughout
combined system
• Connection to new elevated 1 -MG Storage Reservoir will
provide reliable emergency/fire flow storage to combined
system
• City is funding a backup pump for the Booster Pump Station
through acquisition funds
Local Improvement District 2007-1
Benefits to Eagle Water Company
Customers within LID, cont.
•••
•••
• City SCADA system for automatic well and pressure control
can operate combined system.
• City is funding Pressure Reducing Valves for pressure
regulation through acquisition funds
• City has an agreement with Garden City to provide for a
municipal intertie for redundant supply in the event of system
failure
• City has adopted a fee mechanism to assure new
development funds capital impacts of growth
Local Improvement District 2007-1 4
•••
iii
Benefits to Non -Connected Property •
Owners within LID Boundaries
• Access: Property is benefited by the existence &
improvement of a potable water system constructed and
maintained to meet regulatory standards for domestic use
having additional capacity as an alternative means of water
service to the property.
• Fire Protection: Property is benefited by improvements in
reliability of the public water system — designed,
constructed, maintained and operated with wells, storage,
and distribution capacity - capable of meeting fire and
emergency demands.
Local Improvement District 2007-1 5
Benefits to Current Eagle City
Customers within LID
•••
••••..
•••00
•
• City acquires ownership of local resource for citizens; water
supply and distribution system in public trust forever
• City acquires 13.2 cfs municipal water rights, with 5.0 cfs pending
• City acquires multiple wells allowing for routine service and
emergency repairs to individual wells while maintaining full
water supply for system
• City acquires two recently constructed wells, #6 and #7
representing system reliability with strong supply assets
Local Improvement District 2007-1 6
Benefits to Current Eagle City
Customers within LID, cont.
• • •
• • •
• •
•
•®
•
• City acquires a Booster Pump Station to pump water from
multiple supply wells to upper pressure zone enhancing water
supply for storage and distribution
• City acquires an established billing and collection system
• City acquires a trained staff for meter reading, turn -on and
shut-off functions, and billing
• Lower unit cost of operation per customer due to economies
of scale; combining systems will allow operational costs of
maintaining storage and control system be distributed to all
beneficiaries
Local Improvement District 2007-1 7
What is the projected cost of acquisition of Eagle Water $6,300,00.00
Company?
What is the projected cost of the Local Improvement
District?
What is the reason for the cost difference?
What is the projected total assessment per residential
unit or residential customer equivalent?
What is the annual cost per residential unit if the Owner
elects to pay the LID in installments over a 20 year
period?
What is the interest rate being used to calculate
payment?
$7,200,000.00
•••
•••
Summary
i•
Reserve Fund est.
Bonding Cost, est.
Acquisition Cost, est.
LID Cost, est.
Contingency, est.
Total
$500,000
$98,000
$74,000
$110,000
$118,000
$ 900,000
Requirements for no more than 10% Reserve, cost of
due diligence analysis, LID formation and bond cost,
and contingency.
$700 to $1,900
$60 to $160
4% to 6%
Note: Variation demonstrates
best/worst case scenarios
based on due diligence, final
assessment roll, and
financing cost.
Local Improvement District 2007-1 8
What options for payment are available to
Owners?
Why should the City buy the Company?
a) Pay total assessment ($700 - $1,900) within 30 days of
adoption of Ordinance confirming the assessment roll
b) Pay in annual ($60 - $160) installments
a)
b)
c)
d)
e)
f)
Eagle Water Company wishes to sell.
To secure the public ownership of water supply forever.
To provide stable water pressure and flow for its citizens.
To provide adequate fire and emergency supply.
To correct deficiencies of the existing water system.
To provide financial safeguards to fund system
replacement.
Summary
• • •
• • •
• •
•
Does an Owner with an individual or community
well have to hook up to the City system?
How is an Owner of property assessed?
No, well Owners may remain on their well systems.
a) Assessed by existing service connection.
b) Assessed by availability of access and fire protection.
Local Improvement District 2007-1 9
•••
•••
Water Rate Comparison ;•
City of Eagle - Water Rate for sample billing example
Residential Use/ CCF
Irrigation Use/CCF
9 9 9 9 9 9
215 243 58 4 0 121
Cost of Use
Residential Component 10.71 10.71 10.71 10.71 10.71 10.71
Irrigation Component 255.85 289.17 69.02 4.76 0.00 143.99
Base Customer Charge 17.00 17.00 17.00 17.00 17.00 17.00
283.56 316.88 96.73 32.47 27.71 171.70 $929.05
Private Service Provider - Water Rate for sample residential customer
Residential Use/CCF
Irrigation Use/CCF
Cost of Use
Residential Component
Irrigation Component
Base Customer Charge
Eagle Franchise Fee
Safe Drinking Water Fee
One-year of water use/CCF = 100 cubic feet or 748 gallons
may/july july/sept sept/nov nov/jan jan/mar mar/may
9 9 9 9 9 9
215 243 58 4 0 121
10.90
325.53
16.21
4.39
0.50
357.53
10.90
367.93
16.21
4.39
0.50
399.93
10.90
87.82
16.21
4.39
0.50
119.82
10.90
6.06
16.21
4.39
0.50
38.06
10.90
0.00
16.21
4.39
0.50
32.00
Summary
Annual
Cost
10.90
183.21
16.21
4.39
0.50
215.21 $1,162.54
City Customer Annual Savings $233.49
Sample Customer used 970 CCF (480,800 gallons) of water for irrigation
and does not have access to a private pressurized irrigation system.
Local Improvement District 2007-1 10
Residential Example
Sample Customer No_ 1
Sample Customer No. 2
Sample Customer No. 3
•••
•••
Water Rate Comparison ��
Annual Use
Domestic Irrigation
100 cf
54
54
54
100 cf
200
400
600
Annual Cost
UWI Eagle City
Rates Rates
S494.82 S404.26
$797.64 $642.26
S1 100_46 S 880.26
r
x
0
SERVICE TO:
2
210-
140-
70-
10 -140-
70-
0-
0 -
U SAG E
USAGE HISTORY
B-Montnly usage in hundred cubic feet
252
224
2Rn
May Jul Jui-Sep Sep -Nov Nov Jan Jan -Mar Mar -Ma May Jul
Billing Date:
Account Number:
07/25/07
06000999156272
Previous Balance $189.92
Payments Through 07/25/07 rn nkYou $189.92CF
Balance Forward $0.00
Current Charges Due 08/14/2007 $444.14
TOTAL AMOUNT DUE $444.14
SERVICE ADDRESS: I
Meter Number I Service 1 Days of I MeterReading alert of
Usage Reading Type
1 From 1 " To Service' 1 Previous 1 Present<1 Measure
047713394 05/22/07 07/23/07 62 726 006 280 CCF ACTUAL
3CCF @$1.2112
277 CCF @ $1.5141
WATER CHARGE SUBTOTAL
CUSTOMER CHARGE
$3.63
$419.41
$423.04
$16.21
EQUIVALENT TO 209.440 GALLONS
EAGLE FRANC FEE
SAFE DRINKNG WTR FEE
TOTAL CURRENT CHARGES
,Rate I
W1B
$4.39
$0.50
$444.14
•••
•••
••
Public Process to Create LID •
DEFINITION: A Local Improvement District (L.I.D.) is an area within a municipality created by the
governing body to fund public improvements benefiting lands within the L.I.D. The City is proposing to
create L.I.D. 2007-1 to pay for the acquisition and installation of water system improvements that benefit
landowners within the boundaries of the proposed L.I.D. 2007-1.
Process Step
Prog ress
City is here
Description
1 The L.I.D. is initiated by resolution of the Council or by petition of landowners.
A "resolution of intent" to create the L.I.D. is then adopted be the Council, describing the
proposed project, estimating the cost, setting forth the proposed method of determining
2 assessments (front foot, square foot, etc.), and establishing the date, time, and place of a hearing
on whether or not to create the L.I.D.
Notice of the hearing is published at least twice, the first publication being at least 10 days before
3 the hearing, and mailed to each owner at least 10 in advance of the hearing.
I fearing is held, at which any owner may protest the inclusion of his or her property in the L.I.D.
4 In order to assess property for L.I.D. costs, the property must benefit from the improvement being
financed.
Following the hearing, if the Council determines to proceed with the L.I.D., it adopts and
publishes an ordinance creating the L.I.D., describing the project, describing the boundaries of the
5 L.I.D. property, appointing an engineer, and ordering the project to be acquired. Any owner who
is dissatisfied with the Council decision has 30 days to appeal to the District Court.
After all costs of acquisition are determined, the City's engineer prepares a cost report showing
the cost of the L.I.D., including acquisition costs, cost of professional services, interest on the
6 interim financing, and costs of bond issuance, and a preliminary assessment roll setting forth the
proposed amount of each assessment on each lot or parcel of land being assessed, determined in
accordance with the method of assessment previously approved by the Council.
Local Improvement District 2007-1 12
iii
Public Process to Create LID :'
7 The Council then adopts a resolution establishing the date, time, and place of hearing on the
assessment roll.
8 Notice of the hearing is given by publication and by mailing a copy of the notice to each
owner, setting forth the amount of the proposed assessment, at least 15 days before the
hearing.
9 At the assessment roll hearing, owners may protest their individual assessment amounts.
The Council must consider and make a decision regarding each protest.
10 The Council then adopts and publishes an ordinance confirming the assessment roll, either
as presented or as modified by the Council. Any owner who is dissatisfied may appeal
the Council's action to the District Court within 30 days.
11 The ordinance and final assessment roll are then recorded at the County Recorder's office,
and each L.I.D. assessment then becomes a lien upon the property until it is paid.
12 Adoption of the assessment roll conformation ordinance starts a 30- day period during
which any owner may pay his/her assessment in full. Any owner who does not pay
within 30 days is conclusively presumed to have chosen to pay in annual installments.
13 After the 30 -day pay period is over, the City adds up the payments made, deducts that
amount from the total assessment roll amount, and issues bonds for the remaining
amount of the assessment roll. This is done by the ordinance after the City has
received a suitable offer from a bond purchaser.
14 The payments received during the 30 -day payment period, plus the proceeds of the bonds,
are used to pay back the interim warrants and any remaining costs of the L.I.D.
Local Improvement District 2007-1 13
('C —
Statement of Protest and Obiection
To: City of Eagle
660 E. Civic Ln.
Eagle. ID 83616
From: Pat & Diana Cherry
2698 E. Greystone Ct.
Eagle, ID 83616
Regards: L.I.D No. 2007-1
RECEIVED & FILED
CITY OF EAGLE
AUU 2 s 2007
File:
Route to:
Date: 8/28/07
Questions:
1. Why does the city of Eagle need to be in the water business?
a. What will the cost be to each land owner within the "project'?
b. Why does the city need to take care of this?
2. Is there a problem with the current water system?
a. What is the current problem?
i. What are the details of the problem?
b. Why is the current company not fixing this?
c. Does the system have to be fixed?
d. Is our current water safe?
3. Why is the "Project" only covering part of the city of Eagle?
4. Why are the "Project" costs being paid for by the property owners?
5. Why is the city not paying for this out of capital reserves?
6. How much more will our water cost if the city takes over?
7. Is there a problem with the current water company?
8. What are the improvements?
9. What are the benefits to the city and property owners for this "project" as opposed to the
current situation?
We protest and object to L.I.D. No. 2007-1.
The owners of the property within the "Project" should not be the ones to pay for it!
If there is a problem within the current boundaries of the "Project", the project should be
paid for by the current water company and spread the cost out to all who pay for their services.
Water companies collect enough capital money to take care of upgrades and/or fixes to their
system.
We currently do not see any problem with our water or its delivery. We object to the
costs being levied to just the property owners within the system. If there is a problem with the
system, the current water company should be fixing it and not the city of Eagle doing it with the
full weight of the cost being passed to the property owners.
We see no need for the city to get into the water business, especially at the expense of the
property owners.
Regards,
Pat and Diana Cherry
August 25, 2007
City of Eagle
City Clerk
660 East Civic Lane
Eagle, ID 83 616
RE: Resolution No. 07-25, LID No. 2007-1
To Whom It May Concern:
HECE /L -1D _& FILED
CITY O EAGLE
File.
Fou;
AUG 2 2007
This letter shall be filed with the City Clerk, City of Eagle concerning my protest and
objection to the creation of the Local Improvement District with directly affects my
property located at: 1023 Pimlico Dr., Eagle, ID 83616,
Legal Description: Lot 2, Block 3 of Downing Downs Sub #2
Assessors Parcel #: R1918010070
I protest and object to the "Project" which encompasses the acquisition of public water
system improvements, including water rights and water supply and delivery facilities,
together with costs of legal services, publication, bond issuance costs and reserves, and
other related expenses that are proposed to be assessed on my property indicated above.
My property is serviced entirely by a private well, located on my property, in addition to
flood irrigation system via the Downing Downs Lateral with two water shares. All of
which I maintain and pay for in whole or part.
I protest and object to this "Project" as it will not benefit me, my family, or my property
in any way, shape or form. The cost of this "Project" is far beyond my financial abilities
and the needs of our community.
Kevin McIntyre
1054 N. EchoHawk
Eagle, ID 83616
Ph: (208) 631-0027
Aug. 27, 2007
To Whom It May Concern:
I recently received a "Notice of
District" which asked for input.
Since I am unable to attend the
letter.
CITY Q EAGLE
AUG 2 2007
File:
Hearing on Creating of Local Improvements
meeting, I am sending in my responses via this
Let me make my input totally clear. I am vehemently opposed to this project and
any project(s) that will increase my cost of living in the Valley. I will not support
it and don't feel as though I should pay for it. As a long time resident of Ada
County I have seen my property taxes and growth of this valley go uncontrolled
for many years. I don't benefit from any of this growth except in my commute
times and time spent in traffic. I am not willing to fund projects which are a
result of this continued uncontrolled growth which will result in even more
congestion and taxes. This project and funding of it should be undertaken by
those who have caused the problem. This problem is occurring because the Eagle
City Council has and is letting more and more development occur which reduces
the water supply to existing homes. Let those who are moving here pay for this
project, not the long time residents.
I would also like to state that in the future, I will not vote for any elected
government representative that votes for or approves of any type tax increase
or assessments.
Regards,
Kevin McIntyre
-RECEIVED & FILED
CITY OF EAGLE
Eagle, ID
September 4, 2007 File:
Route tr►•
City Clerk, City Hall
660 East Civic Lane
Eagle, Idaho
To Whom It May Concern
sus 0 4 2007
My wife and I wish to object and protest the method outlined
to purchase the Eagle Water Company.
This is a matter that should not be assessed against homeowners
without the ability to vote on the matter. This is very nearly
akin to taxation without representation. Homeowners within
this area have been given no opportunity to vote or express
opinions as to the necessity or prudence in the City of Eagle's
acquisition of this company. Just as citizens are given an
opportunity to approve expenses related to education and should
have been allowed to approve the new City Hall, they should
be given an opportunity to approve or disapaprove this acquisi-
tion.
This is abritrary and unjust.
At exactly the same time that the Ada County Assessor is increas-
ing taxes while property values are plummeting and selling or
renting a house is nearly impossible; when there is a national
crisis regarding the ability of homeowners to retain their homes
and pay their mortgages, the City of Eagle proposes to further
exacerbate and complicate the existing local housing crisis
by loading yet more burdens on the homeowner.
We object to this arbitrary and unethical approach taken by
the Eagle Mayor and City Council. It has been evident to all
that the word "ethics" seems to have no credence and no under-
standing on the part of Eagle's "representatives" and the in-
terests of Developers seem to be the only interests represented.
erely,
/\
Verlyn E. W?cf
852 N. Player Avenue
Eagle, ID 83616
Joanne C. Wolf
To: City of Eagle
Ada County, Idaho
Re: Local Improvement District No. 2007-1
RECEIVED & FILED
CITY OF EAGLE
SEP 0 4 2007
Septem t, 2007
When I first received the letter in the mail, I knew it was bad news. The last time I
received a letter from Eagle my trash rates went up, and service went way down. Of
course Allied Waste was happy. This was the result of the City of Eagle knowing what
was better for us. Now I receive a letter saying my water rates and bill will go up, so
people 50 years from now will enjoy the benefits. I have not had any adverse issues over
the last 10 years with Eagle Water. So I didn't understand the need for the improvement
district. I did as the first letter suggested and registered my concerns with the Water
Works Department. Talking to the gentleman for about 10 minutes, I still did not see the
need for the improvement district. This all sounds like something the City of Eagle will
benefit from, not the people of Eagle. Does "Trust us were from the Government" ring a
bell? Judging from past issues, it is also my belief that the City of Eagle has already made
up its mind. They know what's better for us.
Counting my home and the 5 homes around me, there are none with more than 2 people
in each. However we can expect to pay what a larger family rate would be. Eagle Water
is the last utility in Eagle, where you paid a fair price for your service. Unlike the Sewer
and Trash services we have to pay for. I find it difficult to understand how every time we
hear from the City of Eagle, you want to charge us more money for less, or the same
services. And at the same time this is disguised as an improvement. Not all of us just sold
a bunch of property for development, or moved in from out of state with a pocket full of
money. This time, how about giving the average citizen of Eagle a break. I say no to the
creation and assessment for District No. 2007-1.
Barry Broom
2242 E. Poppy Hills
Eagle, Idaho
8-30-07
City Of Eagle
Ada County, Idaho
CITY OF EAGLE
aJ L. r
'607
Subject: protest & objections to the creation of L.I.D. No. 2007-1 or the manner of assessment
or inclusion
Concerned,
My wife and I object strongly to the acquisition of this "Water System". We believe that it could "only"
benefit developers as:
1] The price of $7,200,000 is far too much.
2] If divided equally between 4154 acres, it would amount to $1733.27 per acre or about
10 times my yearly water bill
3] If divided by 3000 property owners [a guess] again over 13 times my annual water bill.
4] The notice we received mentioned benefits a few times but failed to relate what the benefits are.
5] Any obvious benefits could only be to develop vacant lots that would require additional water.
6] We live on a fixed income. Fixed when we retired 20 years ago. Adding to our bills is offensive.
We, therefore suggest that developers, particularly of multi housing or commercial properties be
involved in the requirements of more water.
Respectfully,
Robert G & Barbara A Turgeon 7ecr,_
26 09 E.P,ce. Dt41 C/v. emh s.„
6.44-4&- 834,4
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Ms. Linda Fuller
826 W. State St.
Eagle, m 83616
September 4,2007
Eagle City Clerk
Eagle City Hall
660 East Civic Lane
Eagle, Idaho 83616
Dear Eagle City Clerk,
CITY U,
Fier
Ref: OBJECTION TO LOCAL IMPROVEMENT DISTRICT NO. 2007-1
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 dependent 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 426 N. Edgewood Lane in Eagle.
Thank you for your attention to this matter.
Ray Stephens
494 N. Edgewood Lane
Eagle, ID 83616 (208) 939-8447
cc: Michael Stephens
File
September 3, 2007
City of Eagle
RE: Local Improvement District No. 2007-01
CITY OF EAGLE
F :1,a'
This letter is regarding the new tax levy associated with local improvement district No.
2007-001. Upon reviewing the boundaries for the tax levy we found that our home
would be included in the tax levy. However, our water is provided by our own well and
because we will never benefit from the city water project it would be an un -fair tax and
burden on us and others in our same circumstances. I can understand the need to control
the quality of the water supply for the city; however, the tax should be a use tax and
associated with only those users of the service. To tax all Eagle citizens for such a
service is an inappropriate use of the local improvement district and the tax system.
Just as the gasoline tax goes to the use and benefit of those who use the gasoline, so
should those who use the city water pay for the benefit and services. If you want to
acquire this private company then set the price structure on the water users so that they
pay for the water they use and the acquisition of the company. We are opposed to the
increase taxes and the local improvement district and will watch closely the outcome of
each of the votes cast.
Thank you for your consideration in this matter.
Sincerely,
ell and Launette Shaw
2545 N. Constance P1
Eagle, ID 83616
September 1, 2007
Eagle City Clerk
Eagle City Hall
660 East Civic Lane
Eagle, Idaho 83616
Dear Eagle City Clerk,
=; `~ EL)Cxi-iL!..:1
CITY OF EAGLE
�E 2007
HA.
ROW: 'Kr
RE: OBJECTION TO LOCAL IMPROVEMENT DISTRICT NO. 2007-1
The purpose of this letter is to file an objection to the proposed LID No. 2007-1
and request exclusion from assessment. Our house, located on 1.2 acres, was
built in 1970 with a well to provide potable water. We have lived at this
residence since 1995. The original well still serves the needs of our family with
adequate discharge of high quality water. This residence has never been
dependent on the City for water or wastewater services, nor are we interested in
supporting the new LID No. 2007-1, from which we will not benefit.
Please consider this our formal objection to LID No. 2007-1 and again, we
request exclusion from any assessment to our property located at 426 N
Edgewood Lane in Eagle.
Thank you for your attention to this matter.
Sincerely,
'bake_
P. Dennis & G'ail Smith
426 N. Edgewood Lane
Eagle, ID 83616(208) 939-7554
cc: File
426 N. EDGEWOOD LANE
EAGLE, ID 83616
Scptc amber 5, 2007
Steve Guerber
Council President, City of Eagle
660 East Civic Drive
Eagle ID 83616
Dear Councilman Guerber,
RECEIVED & FILED
CITY OF EAGLE
SEP 0.5 2007
File:
Route tc •
Mayor/ City Council '*
City Clerk ✓
P & Z Dept ✓
Bldg. Dept
Attomey._ '
Engineer
I talked yesterday with the Mayor's office re the proposed L.I.D. covering public
water system improvements, etc. I was told this is preliminary and details including
exceptions, if any, are not determined yet. We will get a postcard later this week inviting
us to an open house from 5:30-7:30 on September 11t, followed by the public hearing at
7:30. And in late October there will be a further hearing.
My husband and I talked briefly with the Eagle Water Company, which Eagle
City would be purchasing. Since 1986, the year they were required to put meters on
homes they service, the P.U.C. has not allowed them to raise rates billed to their users.
Currently 3,000 residences and/or companies are billed by Eagle Water Company. Were
those 3,000 to pay for the purchase of Eagle Water Company and improvements, the cost
would be $2,400 each.
As we live in an agricultural area, that was annexed by the City of Eagle several
years ago, where the residents are on private wells and septic systems, we are concerned
about the area of inclusion. Following are a number of questions we would like to hear
covered in the open house and/or subsequent meeting on September 11.
1. Is `agricultural land' (with wells and septic system) included in the
assessment, - or any homes not served by Eagle Water Company?
2. Is it the intent of the City to run water/sewer lines down streets if all homes
are on well? Would that be an additional assessment?
Would there then be an additional assessment for the homeowner to hook up
to the water/sewer lines?
3. If that scenario is correct, would there be a requirement that home owners
hook up to public water/sewer?
4. If an owner splits off a portion of his property as a building lot, would he be
allowed to drill a well and dig a septic area for that parcel, or would the lot
have to be on city water?
We don't question Eagle City's purchase of Eagle Water Company nor raising
usage rates to a more reasonable fee. Those steps will assure good service for
homes in Eagle City and cover future needs. But the inclusion of non -customers
of public water/sewer and additionally future rules that might be laid down by
Eagle City affecting them/us is a significant issue. We'd appreciate clarification
on September 11 .
Sincerely,
(ea/Ne•-t_ L. -U kA -°
I
Don and Jane Marrs
2384 North Edgewood Road
Eagle ID 83616
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September 5, 2007
Eagle City Clerk
Eagle City Hall
660 East Civic Lane
Eagle, ID 83616
RECEIVED & FILED
CITY OF EAGLE
SLP j 6 2007
File:
Route tr.
Attn: Eagle City Clerk
RE: OBJECTION/CONCERN FOR LOCAL IMPROVEMENT DISTRICT No. 2007-1
The purpose of this letter is to raise my objection to the proposed LID No. 2007-1 and request the
omission of my property from this district.
This property is presently served by a private well on the property and has irrigation rights for the
watering of the property. This property is a one acre plus lot that was developed without the need
for an outside source for water. The well is registered with the Idaho Water Resources and has
been tested for water quality. The well has been in use without any interruption of service or
problems with demand. Therefore no other source of water is needed for this property. Water
pressure is controlled by the well/pump system on the property and is much more dependable then
any current system in the area.
Since you will more than likely be giving the golf course an exception from this district I am
asking to be included in that exception as my property was part of a subdivision developed
because of the golf course?
Since undeveloped land in this proposed district will not be getting accessed until they need the
water for development, I feel the same can be done for this property as it will not require the use
of the proposed service and will not receive any benefit from the added tax burden.
Consider this my formal objection to the LID No. 2007-1
Property represented by this request:
Lloyd Gilkey
400 N. Edgewood Ln.
Eagle, ID 83616
Res. Phone: 939-1338
Vnp 06 2007 2:41PM (208) 344.6111
& FILE
R-0#71 Hit
EAGLE
CITY
September 8, 2007
Eagle City Council
c/o Eagle City Clerk
660 East Civic Lane
Eagle, ID 83616
Winding Creek Builders, LLC.
1065 E. Winding Creek Dr.
Suite # 225
Eagle, ID 83616
Idaho Contractor # RCE -766
Mailing Address:
PO Box 2620
Eagle, ID 83616
To the Eagle City Council,
Please let this letter serve es my formal objection to the approval of Local Improvement District No. 2007-
1 for the acquisition of the Eagle Water Company.
My reasoning is as follows:
There is no breakdown of estimated lien amounts to each property. How many assessable lots are
included in Exhibit `A"? Where is the breakdown of the costs and protected revenues. How has the value
of the acquisition been derived? How much of the 7.2 Million Is for acquisition and how much for actual
improvements? Are current revenues In line with the projected expenses? Will usage and connection fees
need to adjust upwards?
How will the assessments be calculated? Will this be per assessable lot, per size of Improvements or
value of improvements, by age of water system to existing improvements etc. If there is an assessment
on vacant land, what will the fees be to add water service later? 1 am not interested In paying for old
portions of the system when 1 have Just paid to build some of the newest portions.
My properties are some of the newest on the current Eagle Water Company system. Eagle Water
constructed the services at great expense which was reimbursed by me in addition to hookup and
connection fees. Why should I pay to buy a system when I have Just paid to build It? Monthly water
charges should be sufficient for operating my portions of the system.
Will the property owners in tum own shares In the water company if we pay for the acquisition? Will this
be operated as not for profit?
I may be in favor of this acquisition but I cannot support this without more detailed information.
Please call with any questions.
Reap
A drew B Newnham
Managing Member
Properties Owned: 882E Shadow Creek (personal residence), 974, 962 & 1084 E Shadow Creek, 992 &
1117 E Winding Creek. Member of Winding Creek East development.
p.1
September 1, 2007
Sharon K. Bergmann, City Clerk/Treasurer
City of Eagle
600 East Civic Lane
Eagle, Idaho 83616
Re: L.I.D. No. 2007-1
Dear Ms. Bergmann,
CI'ry O�
SEP 0 6 2007
Route to:
I am writing in response to the recent letter I received regarding the L.I.D. No. 2007-1. I
am unable to attend the September 11, 2007 meeting, as I will be out of state. However, I
have information and recommendations relevant to the process that I implore the City
Council to take into consideration prior to any further activity into the acquisition of the
water utility system.
Through Hearing Notice dated August 22, 2007, the City of Eagle notified its residents,
served by the Eagle Water Company, of the City's intent to purchase the Eagle Water
Company system. The letter stated an estimated total purchase price of $7.2 million for
the water utility system. The purchase would require that the property owners, within
existing water utility service territory, provide all of the funds necessary for the purchase.
History:
Customers served by the Eagle Water Company system have recently experienced an
increase in water rates. On October 27, 2005, through Order 29903, the Idaho Public
Utilities Commission granted a rate increase of 42.5% for water usage over 600 cu
ft/month, to fund a low-pressure relief project.
October 30, 2006, the Idaho Public Utilities Commission authorized Eagle Water
Company to extend the collection of the surcharge into 2007, pending the finalization of
the low-pressure relief project report.
On August 6, 2007, Eagle Water Company submitted an application to the Idaho Public
Utilities Commission noting an unpaid balance for the low-pressure relief project, as of
July 12, 2007, in the amount of $1,072,250. It is important to note that the existing
42.5% surcharge only captured a fraction of the $1 million in project costs, over the
entire term of surcharge collection.
The City residents also experienced a large percentage rate increase from Allied Waste as
a result of recent contract re -negotiation; at a recent City Council meeting, Allied Waste
discussed a 67% increase in costs not captured in existing rates.
On January 1, 2005, the City of Eagle increased the Franchise Fee to the highest
percentage permitted through Idaho Power Company tariff. The Franchise Fee is
collected from Idaho Power Company customers who reside within the City's boundaries
and the revenues from which are distributed to the City of Eagle. The Franchise Fee was
increased from 1% to 3% of the total electric bill.
Recommendations:
With the recency, magnitude, and frequency of rate increases experienced by the City's
residents, I encourage the City of Eagle to:
1. Set up water utility accounting funds, separate from any of the existing City
funds, for the administration of water utility revenues. It is important that the
shareowners (the City's residents who are funding the purchase) of the water
system receive the full benefit of said system and not subsidize any alternative
City project(s) or activity.
2. Determine a reasonable rate of return for future investment into the water utility
system and distribute the pre -determined return revenues to a water utility capital
improvement fund.
3. Create a revenue-sharing fund to capture revenues above the pre -determined
return, to be allocated back to water utility customers (shareowners) annually, in
the form of a rate credit.
4. Create a new service attachment tariff, allocating the cost of growth to the cost-
causers, to prepare for and moderate the cost impact from low water pressure
issues caused by rapid water utility system expansion.
5. Select an experienced and qualified consultant to assist with the acquisition, and
administration of the change of operations (recommendation attached).
6. Create a water utility advisory committee, charged with the primary tasks of
quality of service and rate stability, from qualified members of the community
who reside within the boundaries of the water utility service territory. The
committee members should be included in all acquisition period activities and
after, meet at least annually to review operations, review recommendations for
future development, and review the water utility funds and rates using standard
utility cost allocation practices.
With the City's full consideration and support of the above recommendations, I encourage
continued investigation into the purchase of the water utility.
Respectfully submitted,
Celeste Schwendiman
Property -owner (L.I.D. 2007-1)
Consultant Recommendation:
Dave Jochim
R.W. Beck
1001 Fourth Avenue, Suite 2500
Seattle, WA 98154-1004
Toll free number: 800.289.BECK (2325)
Author's Qualifications:
More than 10 years of experience in the utility industry including:
Serving as a utility revenue and rates witness in a number of regulatory actions in
front of the Idaho Public Utilities Commission
Serving as a project team member on large-scale utility acquisition projects in
addition to serving as expert witness, before the Idaho Public Utilities
Commission for recovery of acquisition project costs
Investigating the utility practices in neighboring states
Calculating revenue requirement for contracts with cooperative utilities
Administrating a new service attachment tariff for a large Idaho utility
Actively attending annual utility conferences, forums, legislative utility sub-
committee meetings, utility commission hearings, and public utility meetings
Master of Business Administration
Owner of property located within the L.I.D. 2007-1
Not for public disclosure:
Name: Celeste Schwendiman
Address: 2635 E Woodridge CT., Eagle, Idaho 83616
Property location is within the L.I.D. 2007-1
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COMMERCIAL REAL ESTATE
-Xpeeie ce 71y//7.
September 5, 2007
RECEIVED &FILED
CITY OF EAGLE
Eagle City Hall SEP 0 6 2007
660 East Civic Lane File:
Eagle, ID 83616 Rout* to7
Re: Local Improvement District No. 2007-1
Dear City Council:
Attached is letter from the managing partner of Idaho 1, LLC, owner of 2976 E State
Street in Eagle, ID regarding the creation of L.I.D. No. 2007-1.
If you have any questions, please call me at 947-0826
/•� 0,
Ben Shalz
Property Manager
Brokerage - Management
250 South Fifth Street, Second Floor Boise, Idaho 83702 Phone 208-378-4600 Fax 208-947-0869 www.tokre.com
Individual
Members
CC 1M
Individual
Members
c4
= • coligg AChailllialkS.Gampany
Date: August 31, 2007
From: Idaho I, LLC
To: Eagle City Hall
660 East Civic Lane
Eagle, ID 83616
Re: Local Improvement District No. 2007-1
Dear City Council:
Idaho 1, LLC, owner of 2976 E State Street in Eagle, ID opposes the creation of L.I.D.
No. 2007-1 for the following reasons:
1. The property taxes are already excessive. Our property valuation has increased 37%
from 2006 ($1,556,500) to 2007 ($2,126,700). Although 2007 property tax statements
are not due until November, we expect 2007 property taxes to increase by a significant
amount. Similar properties in Boise have only received a 6% increase in valuation from
2006 to 2007. The additional levy from L.I.D. No. 2007-1 places a heavy burden on the
small business owners who occupy our property and pay the property taxes through their
operating expenses. The additional proposed levy also makes Eagle non competitive
with adjoining communities and exacerbates the property tax increases created by the
excessive valuations.
2. There is inadequate information regarding the proposed levy. We do not know or
understand the need for the levy. We already have adequate water services to the
property. We also do not understand how long the levy will be imposed or the affect it
will have on pre . erty taxes.
Given
Brian ylaian
Idaho 1, LLC
L.I.D. No. 2007-1.
September 4, 2007
Attention: City of Eagle
RE: Local Improvement District No. 2007-01
I am writing regarding the new tax levy associated with local improvement district No.
2007-001. When reviewing the boundaries, we discovered that our home would be
included in the tax levy despite the fact that our water is provided by our own well. I
realize that it is necessary to control the quality of the water supply for the city; however,
this tax should be based on those who actually USE the water.
We view this as an unfair tax burden on us, and others with private wells. To tax all
Eagle citizens for such a service is an inappropriate use of the local improvement district
and the tax system. We oppose the tax increase and will watch closely as the votes are
cast.
Thank you for considering this matter.
Sincerely,
David & Christine Dunn
2523 N. Constance PL
Eagle, ID 83616
RECEIVED & FILED
CITY OF EAGLE
SEP 0 6 2007
Rs:
Route to.
City of Eagle
City Clerk
660 East Civic Lane
Eagle, Idaho 83616
RECEIVED & FILED
CITY OF EAGLE
SEP 0 6 2007
Filer
Route tft•
Dear Mayor and Council Members:
September 4, 2007
We are owners of property located within Great Sky Estates and the proposed Local
Improvement District (L.I.D.) No. 2007-1. We strongly object to the creation of the
L.I.D., the associated proposed assessment and the inclusion of our property.
Prior to proposing the creation of a L.I.D. the City of Eagle needs to clearly demonstrate,
through an analysis, that the needed work can be more economically accomplished
through public ownership of this utility and that the City can provide this water service to
its citizens at the same or at a lower service charge.
The triple impact of the proposed new assessment costs to individual residents and their
Homeowners Associations along with the greatly increased monthly water bills to both,
which are associated with this proposal, are unsupported and unreasonable.
Therefore, we do not believe that the City has adequately demonstrated the public need to
acquire Eagle Water Company and the creation of a L.I.D. as the best means of making
any necessary improvements to this water supply system. We are very satisfied with the
service currently provided by Eagle Water Company and at this time believe that this
private Company can continue to provide this service at a more reasonable rate than the
City of Eagle. Therefore, we suggest that the City of Eagle work with Eagle Water Co.
in making any needed improvements and that the cost of any needed improvements be
shared by those directly benefited.
Sincerely,
t -e
6
arctiu± 1/4k, • gi'Lac:Ak-
James M. and Janet R. Williams
388 South Wooddale Avenue
Eagle, Idaho 83616-7711
Cc: Eagle Water Co.
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