Minutes - 2008 - City Council - 03/25/2008 - Regular
EAGLE CITY COUNCIL
Minutes
March 25, 2008
PRE-COUNCIL AGENDA: 6:30 O.m. - 7:30 o.m.
ACSO Monthly Report: Chief of Police Hippie distributes the Monthly Report for February
2008 and discusses the same. General discussion.
1. Presentation by Eagle Chamber of Commerce Downtown Feasibility Committee: Teri Bath,
Eagle Chamber of Commerce, about two years ago we were asked by the City to do a Feasibility
Study and we formed a Downtown Feasibility Committee. We have had public meetings to find
out the issues of downtown. Visual Genesis did a fly through and we have a presentation for you
tonight. Jason Pierce does the power point presentation and discusses the same. General
discussion.
Council concurs for the Chamber to move forward on the timeline presented tonight.
2. Mayor and Council's Report: Moved to the end of the Agenda
3. City Engineer Report: Moved to the end of the Agenda
4. City Clerk/Treasurer Report: Moved to the end of the Agenda
5. Zoning Administrator's Report: Moved to the end of the Agenda
6. City Attorney Report: Moved to the end of the Agenda
REGULAR COUNCIL AGENDA: 7:30 p.m.
I, CALL TO ORDER: Mayor Bandy calls the meeting to order at 7:55 p.m.
2, ROLL CALL: GUERBER, HUFFAKER, SHOUSHT ARlAN, SEMANKO. All present. A
quorum is present.
3, PLEDGE OF ALLEGIANCE: Council Member Guerber leads the Pledge of Allegiance.
4. PUBLIC COMMENT: Patricia McCavich, Deerfield Court, I live in the area of impact,
and as homeowners we support the City events, our children go to school in Eagle, many of us
are property owners who own a business in Eagle, we shop in Eagle. All in all the people who
live in the Area oflmpact feel very much a part of the Eagle community. I'm asking why the
City Council voted this month to deny the area of impact residents the opportunity to serve on the
task force that would look for ways to improve communication between City Hall and the
community residents. Reads a copy of the News Release into the record, Participants must live
within the corporate City Limits. I want to know if that was the exact wording in the motion and
why was it worded like that. I request the City to extend the Task Force application deadline
beyond April 4th and reword the news release to include the area of impact residents.
Council Member Huffaker: Pat, I made the original motion regarding forming the Task Force
and in my motion the language I used was that we wanted to improve communications between
the City and its residents and the residents and the City and that was interpreted literally as
meaning only citizens ofthe City, My own intent was that I would like to see people in the area
of impact included. I think we are going to address soon, maybe even tonight and we may
amend that motion. General discussion.
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Huffaker moves to add to the Agenda discussion on the language of forming a task force to
include people in the area of impact and to what date we would extend the time. Seconded
by Guerber. ALL AYES: MOTION CARRIES................
Guerber moves to amend the Agenda to add an Executive Session as Item #9, I.C. 67-
2345(c) acquisition of interest in real property and (t) pending litigation and to move
Agenda Item #6 and include it on the Consent Agenda. Seconded by Semanko. ALL
AYES: MOTION CARRIES..............
Semanko moves to add to the Agenda a discussion of Local Improvement District #2007-1.
Seconded by Huffaker. ALL AYES: MOTION CARRIES...................
5. CONSENT AGENDA:
. Consent Agenda items are considered to be routine and are acted on with one
motion. There will be no separate discussion on these items unless the Mayor, a
Councilmember, member of City Staff, or a citizen requests an item to be removed
from the Consent Agenda for discussion. Items removed from the Consent Agenda
will be placed on the Regular Agenda in a sequence determined by the City Council.
. Any item on the Consent Agenda which contains written Conditions of Approval
from the City of Eagle City Staff, Planning & Zoning Commission. or Design
Review Board shall be adopted as part of the City Council's Consent Agenda
approval motion unless specifically stated otherwise.
A. Claims A!!ainst the City.
B. Aooointment to the Historical Preservation Commission: The Mayor is
requesting Council confirmation of Shari Sharp to fulfill the remainder of a
vacated term. Ms. Sharp's term will expire in March of2009. (PB)
C. Aooointment to the Desi!!n Review Board: The Mayor is requesting Council
confirm the appointment of Trent Koci to fulfill the remainder of a vacated term.
Mr. Koci's term will expire in July 2008. (PB)
D.6A. P-03-08 - Final Plat for Cataloa Subdivision - West Wind Investments.
LLC: West Wind Investments, LLC, represented by Barbara Mason with
Treasure Valley Engineers, is requesting final plat approval for Catalpa
Subdivision, a 12-lot (9-residential, 3-common) residential 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)
Huffaker: I have a conflict of interest in Item #D on the Consent Agenda and would move
to remove this item from the Consent Agenda. Seconded by Guerber. ALL A YES:
MOTION CARRIES..............
Guerber moves to approve the Consent Agenda as amended. Seconded by Huffaker.
Discussion. Guerber: AYE; Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: ALL
AYES: MOTION CARRIES..............
5D. P-03-08 - Final Plat for Cataloa Subdivision - West Wind Investments. LLC: West
Wind Investments, LLC, represented by Barbara Mason with Treasure Valley Engineers, is
requesting final plat approval for Catalpa Subdivision, a 12-lot (9-residential, 3-common)
residential 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)
Semanko moves to approve P-03-08 - Final Plat for Catalpa Subdivision. Seconded by
Shoushtarian. THREE AYES: MOTION CARRIES ....(COUNCIL MEMBER
HUFFAKER RECUSED HIMSELF AND DID NOT VOTE)
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6. FINAL PLAT
A. FP-03-08 - Final Plat for Cataloa Subdivision - West Wind Investments. LLC: West
Wind Investments, LLC, represented by Barbara Mason with Treasure Valley Engineers, is
requesting final plat approval for Catalpa Subdivision, a 12-lot (9-residential, 3-common)
residential 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)
Moved by Motion to the Consent Agenda.
7. PUBLIC HEARINGS:
A, A-15-07/RZ-22-07 & PP-9-07 - Annexation. Rezone and Preliminary Plat for Lan!!tree
Subdivision - Land Associates. LLC: Land Associates, represented by Chris Todd with
Landmark Engineering and Planning, is requesting an annexation and rezone from RUT (Rural
Urban Transition) to MU-DA (Mixed Use with a Development Agreement) and preliminary plat
approval for Langtree Subdivision, a 45-lot, 54-unit (33-single-family, [19 multi-family, and 1
duplex, contained within 3-lots], 9 common) residential subdivision. The 9.57-acre site is
located on the north side of State Highway 44 (State Street) approximately 1,330 feet west of
Linder Road at 5342 West State Street. (WEV) The applicant is requesting this item be
continued to the April 8, 2008, meeting.
Mayor introduces the issue,
Guerber moves to continue A-15-07/RZ-22-07 & PP-9-07 - Annexation, Rezone and
Preliminary Plat for Langtree Subdivision to the April 8, 2008 City Council meeting.
Seconded by Shoushtarian. ALL AYES: MOTION CARRIES.....................
B. A-19-07 & RZ-26-07 - Annexation and Rezone from RUT to R-E-DA - Harold "Hal"
and Mary Kav Bunderson: Harold "Hal" and Mary Kay Bunderson are 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 5.33-acre
site is generally located on the north side ofW. River Heights Drive approximately one hundred
fifteen feet (115') west ofS. Winward Drive, Lot 6, Block 3, of Winward River Heights
Subdivision, at 582 W. River Heights Drive. (WEV)
Mayor introduces the issue.
Hal Bunderson, applicant, we have some people in support and there are more here tonight that
are in opposition. Provides Council some background and overview of the request for
annexation and rezone. General discussion.
Planner Williams: Displays overheads and provides Council an overview ofthe request for
Annexation and Rezone. Discusses the letters of support the Staff has received in the last two
days. General discussion.
Mayor Opens the Public Hearing
Phil Broadbrent, 913 River Heights Drive, I am a neighbor of Mr. Bunderson, I am an attorney
and a real estate developer, I have practiced 30 years in land use planning in Arizona. My letter
did not make the 5 day deadline. I am very much opposed to this application. 75% of the
residents in the subdivision are opposed to this. It is very unusual to annex a single lot in a
subdivision. This would only benefit the single lot owner. 72% of the neighbors signed a
petition that was presented to Planning and Zoning. General discussion,
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Allen Hall, 1011 W. River Heights Drive, I have lived in the subdivision 1 Y2 years and this is a
beautiful subdivision and it is very consistent. We had this same situation in our neighborhood
in Seattle and it changed the consistency. I'm concerned that this could happen here.
Donna Knittel, 7280 Winward Drive, Meridian, we have lived at our current address for 34
years. We have done an extensive remodel. We are opposed to the annexation as we feel that
would be the beginning of further division of lots in the subdivision. I request that you deny this
request.
Mike Ford, P.O. Box 5405, I am here on behalf of Linda Yankee who resides at 7540 N.
Meridian Road, the Clearview Subdivision. This would also affect the residents in Clearview
Subdivision also and would affect property values.
Judith Erdman, 7283 Windward Drive, Meridian, my letter was in your packet. I have been
asking God to change Hal and Mary Kay's hearts. I have lived in this neighborhood longer than
anyone else. Because the Bunderson's are older they want to destroy the neighborhood. They
are causing division in a neighborhood for selfish reasons. They own other land and Hal is a
developer at heart. I am asking you to please deny their request that would destroy our
neighborhood.
Mimi Plum, 34 River Heights Drive, this event to circumvent the covenants of our subdivision.
Our properties are 5 acres or more. We want to preserve our 5 acre lots in the subdivision, It
makes no sense for Eagle to annex one lot in our subdivision. I request that the Council deny this
application.
Christi Johnson, 284 River Heights Drive, my husband Jeff and I would like to go on record as
opposing this annexation, It is also my understanding that if their annexation was approved the
neighboring property could also ask for annexation, We are also concerned about forced
annexation in Eagle.
Pat McGarman, 795 River Heights, we bought our property in 1998. I share the concerns of my
neighbors about spot annexation and I wrote you a letter. The soil in the area is river rock and
clay. Discussion on drain fields and soils, I do agree that this is not personal. There are a
limited number of hookups for sewer in Sugarberry. Preservation of the neighborhood is the
main issue. General discussion,
Brad Bower, 600 River Heights Drive, discussion on the fish hatchery at Eagle Island State Park.
We had a lawyer to look at this for us. If you allow this one you could have 22 houses in the
neighborhood. This is not a personal issue but a business decision. Discusses spot annexation
and the neighborhood meeting. Discussion on the actual size of the applicants' property.
Discussion on Idaho Code vacating lots in a subdivision.
Linda Oliver, 7225 N, Meridian Road, we have lived here for 16 years, We are neighbors of Hal
Bunderson. We wanted the 5 acre parcel. We are opposed to the annexation and rezone. Open
spaces is what we were looking for. This is a very low traffic area, We have a lot of wildlife.
We would like you to not make a cookie cutter out of our subdivision.
Russell Relyea, 155 River Heights Drive, I live on the comer of Meridian Road and River
Heights Drive, and I have been there for 35 years. I endorse the request for the annexation and
rezone, I think some of the testimony tonight has been over the top. The Bundersons' are very
caring about the neighborhood and they would not do anything to hurt the neighborhood. They
have done a lot for our neighborhood. I believe any impact of this rezone would be minimal and
would not hurt the neighbor.
Mayor Closes the Public Hearing
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City Attorney: Mr, Bundersons testimony needs to be in the Public Hearing
Mayor Reopens the Public Hearing
Hal Bunderson, Discussion on the subdivisions developed in the area of his property that are in
the City of Eagle. Our neighborhood all around us is changing. Should the Comp Plan prevail or
should it be modified. There is clearly a majority in opposition. This is not personal from our
perspective; we did make application in good faith and rely on the good judgment of Eagle City
Staff. One day this entire area will be incorporated into the City of Eagle.
City Attorney Buxton: Discusses Idaho Code 50-1319. Annexation is a legislative act and you
are also required to zone the property. General discussion.
Mayor Closes the Public Hearing
General Council discussion.
Semanko moves to deny A-19-07 & RZ-26-07 - Annexation and Rezone from RUT to R-E-
DA - Harold "Hal" and Mary Kay Bunderson. Seconded by Huffaker. Discussion. ALL
AYES: MOTION CARRIES......................
Mayor calls a recess at 10:20 p.m.
Mayor reconvenes at 10:25 p.m.
C. RZ-17-04 MOD - Modification to Develooment A!!reement (Instrument #106057136)-
Ea!!lefield Estates LLC: Eaglefield, LLC, represented by Peter Harris, is requesting a
modification to the rezone development agreement for Eaglefield Estates Subdivision. (WEV)
This item was continued from the March 18, 2008, meeting.
Mayor introduces the issue.
Peter Harris, applicant, provides Council an overview of the development and the request for
Modification to the Development Agreement and the plat approved. Discussion on the water
rights and water issues, Displays overheads of the subdivision plat and discusses the same.
General discussion,
Planner Williams, discussion on the Memo submitted at the meeting tonight. Displays overheads
and discusses the same. Discusses set backs. General discussion.
Mayor Opens the Public Hearing
Mayor Closes the Public Hearing
General Council discussion,
Huffaker moves to approve RZ-17-04 MOD - Modification to Development Agreement
(Instrument #106057136) - Eaglefield Estates and approve agreement to Exhibit F to the
Development Agreement. Seconded by Semanko. ALL AYES: MOTION CARRIES......
8. Communication Task Force Discussion:
Huffaker moves to amend his previous motion regarding the communication task force and
form a communication task force with the purpose, goals and objectives that the task force
provide input to us in ways that we can improve communication between the City and the
Community. That Community including residents of the City of Eagle and residents in the
impact of area. That part of their task is to suggest ways to improve communication and
provide recommends as to the formation of a permanent standing Communication
Committee and what that committee should consist of as to how many people should be on
that committee, what the makeup of the committee should be in terms of where those
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residents come from and whether they should include residents from the area of impact.
The committee should also help the City in implementing the recommendations made by
the task force. I would also suggest that we extend the deadline to 5:00 p.m. on April 11,
2008 for all people that are interested. General discussion on the motion. Semanko, in
your motion could we say that the recommendations of the task force as may be approved
by the Council. Huffaker: So Moved. Seconded by Semanko. ALL AYES: MOTION
CARRIES.......................... ..
General Council discussion.
Semanko moves that said task force be comprised of an odd number of people, no less than
7 and no more than 11 of which at least one shall be a member of the area of impact.
Seconded by Huffaker. ALL AYES: MOTION CARRIES...............
9. Executive Session - I.C. 67-2345(c) and I.Co 67-235(0
Guerber moves to go into Executive Session, I.C. 67-2345(c) acquisition of interest in real
property and I.C. 67-235(t) pending or threatened litigation in regards to Lanewood and
Eagle River Sub. Seconded Semanko. Guerber: AYE; Huffaker: AYE; Shoushtarian:
AYE; Semanko: AYE: ALL AYES: MOTION CARRIES...............
Council goes into Executive Session at 11 :35 p.m.
Council discusses acquisition of interest in real property and pending or threatened litigation in
regards to Lanewood and Eagle River Sub.
Council leaves Executive Session at 12:45 a.m.
Semanko moves to ratify the action taken by Council on the March 20, 2008 letter
regarding City of Eagle v. Ramon Yorgason, David Yorgason Capital Development, Inc,
Lanewood Investments, Inc., et al. Seconded by Huffaker. ALL AYES: MOTION
CARRIES....................... ..
Huffaker I move in regards to the Asset Purchase Agreement Amendment No.1 which is
an amendment to the Asset Purchase Agreement of Eagle Water Company that we
authorize the Mayor to sign the amendment with the following changes: Section 4.2
Paragraph (b) that appropriate language be added to insure that the amendment including
this Paragraph be binding on any new potential buyer or new majority owner of Eagle
Water Company; in Paragraph (c) that the word "shall" be added in the first line between
the words "event" and "buyer"; Paragraph (d) that the appropriate language be added
that in addition to requiring not less than six months notice to seller and that there be an
additional clause added that would permit us in case of emergency that the intertie
adversely affect the buyer, the City, or any customers of buyers water system that in that
situation we would not be required to give the six months notice and that we could enable
the intertie if necessary. Seconded by Guerber. Discussion. Guerber: AYE; Huffaker:
AYE; Shoushtarian: AYE; Semanko: AYE: ALL AYES: MOTION CARRIES...........
Huffaker moves that at the March 31, 2008 meeting we include discussion on the LID.
Seconded by Semanko. ALL AYES: MOTION CARRIES.....................
10. LID 2007-1 Discussion: No discussion
PRE- COUNCIL REPORTS: No reports given
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11. Adjournment: Guerber moves to adjourn. Seconded by Huffaker . ALL
AYE: MOTION CARRIES...........................
Hearing no further business, the Council meeting adjourned at 12:50 a.m.
Respectfully submitted:
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--SHARON K. BERGMANN
CITY CLERK/TREASURER
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A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT EAGLE
CITY HALL
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EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP SHEET
A-19-07 & RZ-26-07 - Annexation and Rezone from RUT to R -E -DA —
Harold "Hal" and Mary Kay Bunderson
March 25, 2008, 7:30 P.M.
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PUBLIC HEARING SIGNUP SHEET
RZ-17-04 MOD — Modification to Development Agreement (Instrument #106057136)
— Eaglefield Estates LLC
March 25, 2008, 7:30 P.M.
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EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP SHEET
A-15-07/RZ-22-07 & PP -9-07 - Annexation, Rezone and Preliminary Plat for
Langtree Subdivision - Land Associates, LLC
March 25, 2008, 7:30 P.M.
ADDRESS/ TESTIFY
TELEPHONE/E-MAIL YES/NO? PRO/CON
NAME
Cc_ 5 -,s --or
Judith Erdman
7283 Winward Drive
Meridian, Idaho 83646
My letter was in your packets and I hope that you had the time to read it. What I want to
emphasize this evening to you, however, is that I have been asking God to change Hal
and Mary Kay's hearts...that they would stop this request to be annexed and rezone their
property so that I would not have to stand up here tonight. I do not want to be here
fighting for a way of life that I have paid for dearly for the past 33 years when my
husband left me owing everything on a brand new home and with two small children.
I have been in this neighborhood longer than anyone else. I consider the Bundersons
friends ever since they moved here. What breaks my heart is that now that they are older
they want to, in my estimation, destroy a very old, unique and beautiful subdivision in
spite of the fact that almost 75% of the neighbors said that they desire to keep it as it is—
large acreages. (I believe the signatures are in your packets.) I understand that everyone
has a right to do what they wish with what they own, but I want to emphasize two things:
first, the Bundersons enjoyed this subdivision as it is for almost 30 years, and second, it is
wrong when they are thinking of themselves but are hurting almost all of their neighbors.
The few that support the Bundersons want to move away, but think that they will get
more for their property if it is split in two rather than selling it as a whole. Just within the
last two years two families have sold their home and acreage to families that have
purposely bought into our neighborhood because of the large acreages.
I am not trying to hurt Hal and Mary Kay, but they are causing division in a very
congenial neighborhood for selfish reasons. They have bought and developed several
pieces of property, such as Sandy Springs which borders our subdivision, and they even
own a large parcel of land behind the property at Chinden and Linder which is being
proposed—again—for a big box development. Hal is a developer at heart and that is fine
for him... but not in our subdivision. Hal also stated at the P & Z that their home and land
were now too large to maintain, but sooner than later many of us will be downsizing and
move away. I will sell my property as a whole in order to maintain the integrity of the
covenants which we all bought into...and for future generations.
It has been my prayer that Hal and Mary Kay would withdraw their request, but since
they have not, I am asking you to please deny their request which would destroy our
neighborhood. This will not hurt them financially, and there are people that would buy
their home with the land that it sits on in, especially to live in a neighborhood where
neighbors are truly neighbors.
As I said at the beginning, I do not like speaking here this evening, but I am forced to be
bold with my words tonight for two reasons: 1.) they heard from the majority of
neighbors, just last fall, that we did not want the composition of our neighborhood to
change; and, even more important, 2.) my home in this subdivision is the only inheritance
I have to leave to my children. It's worth will definitely decrease if our subdivision
becomes like all the other subdivisions around us.
Thank you for listening!
cc 3 -o25 -or
Harold R "Hal" and Mary Kay Bunderson
582 River Heights Drive
Meridian Idaho, 83646
208-888-7156
Fax: 208-888-7188
hbunderson@cableone.net
ac'o 344.6
March 25, 2008
To: The Eagle City Council and Mayor
Re: Our single lot Annexation and Rezone Application
Background
• My wife and I purchased our property) in June 1977. (Then 5.6 acres with 300
feet frontage on River Heights Drive / 475 -feet frontage on S. C. Boise River.
• In 1978, we built our home — situated on the west side of our property.
• I am now 71 and my wife is 65. Our age and health is limiting our ability to
maintain our large acreage.
• Last fall when the city annexed Eagle Island State Park, we became contiguous to
the city and made application to become part of the City of Eagle and subject to
the Eagle's Comprehensive Plan for our area.
• Our application only applies to our lot. It has no effect on any other lots in our
subdivision.
• However, if you approve our application and we file a plat to divide a lot off our
property, it will have a small effect on traffic and negligible effect on
groundwater.
Opposition arguments brought by neighbors include:
1. Q. Approval of our application will increase their property taxes. A. It
won't.
2. Q. It will destroy the 5 -acre size pattern of the subdivision. A. Our
neighborhood has already changed. Hundreds of homes either now are or
will soon surround and us. The Bunderson application is insignificant to
what is happening in our immediate area.
3. Q. Winward River Heights Subdivision is a unique treasure and needs to
be protected. A. Actually, the subdivision in made up of a heterogeneous
group of residential lots.
• Assessed valuations range from $123, 000 to over a $ 1 million.
• Acreages range from 4.1 to over 5 acres.
Bunderson justification for annexation and rezone
• Yard work at our age is becoming more of a burden.
• We do not want to move.
• At some future date, we would like the option of subdividing our property in an
aesthetically pleasing manner as provided in Eagle's comprehensive plan.
• Six neighbors have recently sent to you letters (email) supporting our application.
Cc 3-2 s'.. ®e
EAGLE CITY COUNCIL --- To Whom it May Concern March 25, 2008
Hal Bunderson — request to rezone thru Eagle City Council.
We are neighbors of Hal Bunderson .. We have lived at 7225 N. Meridian Road for 16 years
and bought into this area for its 5 acre parcels and we were very lucky to have found it. We
are opposed to this rezoning due to several reasons. We purposely bought into this area —
because of the DEAD END Road that is the only access into this subdivision — which would
be less traffic.. We felt that this is what IDAHO was all about — open spaces and the ability
to ENJOY THE LAND! We are a small neighborhood. We work together to clean the
irrigation ditches in the Spring — and enjoys the friendliness of the neighborhood the rest of
the year (as we walk or ride our bicycles thru the low traffic area). With the prestige open
spaces of our 5 acre parcels: we constantly have wildlife : groups of 6 to 8 deer (with their
young fawns). Sunday we had a male wild turkey and his 5 females walking thru our
backyard, and our pond has constant use by the ducks and Canadian Geese (laying eggs and
nesting). We even have a regular visitor — a male pheasant who visits our patio and looks
into the family room window in the earlyAM.. Who would not want to live here — and stay
here in their retirement years. We certainly hope to!
I would like to know : Where is another neighborhood like this? It is a very UNIQUE,
PRISTINE LOCATION, which has attracted quality homeowners (of varied backgrounds
and businesses) who enjoy the serenity of their surroundings. As we talk about
PRESERVING OUR FUTURE . We would be foolish to allow this change that Hal
Bunderson is proposing to cut his property into 2 parcels and build a much smaller dwelling
alongside his current home. This would create a postage stamp — or cookie cutter — right into
the middle of the neighborhood, which would not flow with the rest of the homes on the
street. If Hal feels that he needs a smaller dwelling — or tax relief in his retirement years:
there are other places for smaller homes in Ada County. I feel he is being selfish/ and not
caring about the rest of the people in his neighborhood , and why he would want to destroy
the unity of the subdivision; ( which now has the look and feel of freedom). A sprawling
neighborhood is hard to find these days --- and a preservation of land and animals (of which
Idaho stands for) is what we should be MAINTAINING. Please keep this area as nice as it is
now for our current and future residents and deny Hal Bunderson's proposal.
Sincerely, Linda / James Oliver — 7225 N. Meridian Road, Meridian, Idaho 83646
cc .3-z
Review of Goals and Tasks for 2008.
0' Look at Three City Crossing, Meeting on February 13, 2007.
D` Presentation in front of Eagle City Council set for March 25, 2008.
D /The time -frame is to have the visioning by the end of May for the charett.
C eeting with EDC discussion for additional subcommittees.
Focus on package for BAT Team to present to businesses, developers and land owners
looking for help in development. Buich, Goldman, Old Chevron Station, Eagle Colonnade
(Tri -City Meats). Created to help developers and land owners for partnering with current
businesses owners on developments for best use of space, timing for development and cost
effective. BAT Team has been formed and now meeting on the first Thursday of each
month at Eagle Chamber of Commerce office 12:00 to 1:00 pm. First meeting will be held
April 3, 2008.
O What are the incentives to develop the downtown? Identify the central business district,
define roadways, and put together a wish list of what we would like include. Attend
meetings and work with the city staff and transportation task force committee.
O Look at possibly redrawing the Eagle Central Business District.
❑ Visual Genesis update on conceptual downtown fly -through. Charett - need to get budget
approved, set up meetings with landowners and developers. Have Sherri McKibben, with
University Urban Research & Design Center & Environmental Quality to speak about this
process. Look at right of ways, roads, potential of bulb -outs, downtown roads connected,
(Aikens and Idaho Street), and Plaza Drive extension. Possibility of cobbling street areas
to make them distinctive. Look at pedestrian friendly downtown and alternative ways to
get in and out of downtown area.
❑ Look at signage and how to help businesses with this process. Governmental Relations
looking at Eagle Sign Ordinance.
D Identify who the downtown property owners are and set up meetings to see what their
needs and goals are and how we may help.
D Look at right of ways, roads, and how to help developers.
DRAFT- DowN rowN PLAN TIMELINE
Visioning Notices: March 2008
Location: (Chamber locate)
Methods: (staff to draft/chamber to distribute)
Newspaper
Utility Stuffmg
Direct Mail
Posters in Businesses
City & Chamber websites
Target Groups:
Businesses
Land owners
Home Owners Associations
City Council (require RSVP)
Transportation Committee (require RSVP)
Urban Renewal (require RSVP)
(RSVP used to ensure attendance is spread across all the meetings)
Visioning Development: March/April 2008
Questions Development (Staff & Chamber) Begins March 18th
Facilitator Training- (staff)
Visioning Sessions April/ May 2008
Meetings
Min. of Two (2) Public Sessions (potential dates April 16, 23 or 24 May 6, 7, 8, 14 or 15)
One (1) Chamber Workshop (Potential Chamber Lunch)
Facilitators
City Staff
Chamber Committee/staff (need to ID about 10 people per session)
Visioning Results Analysis: May 2008 (City Staff)
Chamber Committee Workshop
Public Release:
City website
Chamber website
Options from May 2008 forward:
Design Process A- Students
June -August 2008
Policy research by BSU
(MPA intern)
September- November 2008
Design work with U of I
November/December 2008 -
Project selections & adoption
Design Process B - Consultant
May 2008- Consultant Consideration
June -August 2008
Policy research by BSU (MPA intern)
September 2008 -Local Design Charette
October/November 2008 -
Project selections & adoption
DOWNTOWN PARKING
By:
John F. Ringert, P.E.
Kittelson & Associates, Inc
Boise, Idaho
Downtown Parking Principles
• People don't come
downtown to park
• Parking supports
development
• Parking can be a tool for
redevelopment
• No one policy fits all Cities
1
How Parking Policy Impacts Downtown
• Can increase the density of development
• Improve Pedestrian walkability
• Support Transit oriented development
• More cost effective parking
Is Parking a Problem Today?
• Occupancy surveys
• Turnover of short-term parking
• Variations over the day
• Typical issues:
Parking full for a few
blocks
One lot full and another
with capacity
Employees using the
best parking spaces
!—a
II_II—I_b._11 II
1121:71LII 112 11-7_
• _li—ILII—II—I —H
—!t-11-U1! 11_ 1
2
Parking Management Methods
• Increase capacity of the existing system
Time Limits: Increases capacity for short-term
visitors
- Shared Parking: Decrease parking supply needed
- Enforcement: Ensure employees don't use best
parking
- Parking lot striping/redesign
• Increase future parking supply
- Incentives to build publicly accessible parking
• Fee in Lieu that is less than creation of private lots
(must have a plan to support spending of money)
• Reductions allowed for shared parking
Use time limits to increase capacity for visitors
Transit and other TDM incentives for workers
Low cost periphery overflow lots
Issues to Watch Out For
• Minimum requirements
Minimums are needed to ensure parking is funded
Only eliminate minimums if separate funding source such
as tax -Increment financing is available (Example: Boise)
• Maximum requirements in transition areas
- Reduces overbuilding of parking
• Shared parking
- Requires connectivity within development areas
• Plan for off-street public parking
Near-term and long-term guarantee to businesses
• Lots
• Future structured parking
• Shuttles Et Circulators
3
S' ;:
ADA COUNTY
GARY RANEY, SHERIFF
(c -a2 S' -o?
City of Eagle Police
Monthly Report February 2008
Group A NIBRS Crime*
Person Crime*
Property Crime*
Society Crime*
Total
Felony
Misdemeanor
# of Reported Crimes
80
60
40
20
0
Jan
2007
70
52
15
87
35
YTD
2008
16
36
20
72
30
Clearance
Rate 2008
50.0%
7.1%
85.0%
36.3%
2007
2008
December .Ianu:n— February
9
47
6
62
11.1% 25
52 42 56.8% 37
8
20
11
39
16
73
8
16
9
City of Eagle Population
COMPASS 2007: 20,951
Projection 2008: 23,025
% Change 9.9%
33 Group A NIBRS Crime Rate YTD
(per 1,000)
14 2007: 4.2
19 2008: 3.1
Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Person Property
Society
2007 Monthly Average
% Change -24.7%
2007 Clearance Rates
Person: 70.3%
Property: 24.9%
Society: 92.3%
Total: 44.5%
Felony: 31.7%
Misdemeanor: 53.2%
Police .kctivity
Calls For Service+
Total Response Time
Code 3; Response Time
Officer -initiated+
Proactive+
Reports (DR's)
Citations
1600
1200
# of Incidents
800
400
YTD I) 2007 2008
2007 2008 December .lanuar_v
557 619 316 336
6:37 6:38 7:03 6:21
3:01 2:33 2:38 2.48
998 1,392 579 753
284 728 389 394
February
283
6:58
2:26
639
334
252 266 172 148 118
285 287 121 163 124
L�.
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Calls For Service
Provided Hy ACSO/CAIJIIh
Officer -Initiated
Proactive---2007Monthly Average
February 2008
'1 -op Calls For Service
Burglary Alarm
Check For Reckless Driver
Auto Accident Non -injury
Attempt To Locate Drunk Driver
911 Hang-up Welfare Check
1 I I 1 , -, II .'
i.,
Data obtained from New World, CAD, legacy ASJM, and rrn WebCars databases Data queried 3117!08
Pape 1 or
Property Crime
Vehicle Burglary
Residential Burglary
Commercial Burglary
Construction Burglary
N andalism
Other**
Total
Construction Site ('heck"
Property/Security Check
f
2007
0
9
0
7
15
21
52
0
245
l rD
2008
2008 February
4 2
4 1
0 0
5 3
8 4
15 6
36 16
306
335
133
167
20
15
c..0 i._ i._ >- c to
a
Burglaries & Vandalisms
a�
O
a
z
w
0
400
300
200
100
0
(Construction Site/Property/Security Checks
# of Checks
Traffic
Crashes
Property Damage
Personal injury.
Fatal
Total
Alcohol -Related Crashes
Traffic Stops
DUI Arrests
I)WP Citations
Moving Citations
# of Crashes
25
20
15
10
.H
0
l"I1) 2007
2008
2007 2008 December January February
17 16 17
17 11 l2
1 0 0
35 27 29
5 0 0
750 1,051 394
13 8 3
16 8 4
155 134 55
8
8
0
16
0
579
3
5
84
8
3
0
11
0
472
5
3
50
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Non Property Damage Personal Injury
October - December 2007
Top Crash Intersections
Highway 44 & Eagle Rd
Highway 44 & Riverside 1)r/ Edgewood
State Si & Highway 55
State St & Horseshoe Bend Rd
Highway 44 & W State St
Eagle Rd & State St
Eagle Rd & Riverside Dr/Rivcrshore Ln
Eagle Rd & Chinden Blvd
Eagle Rd & Island Wood Dr
Fatal
2007 Monthly Average
February 2008
Crashes by Time of Day
0000-0600 hrs 0
0600-0900 hrs 3
0900-1200 hrs 3
1200-1500 hrs 1
1500-1800 hrs 4
1800-2100 hrs 0
2100-2400 hrs 0
February 2008
Crashes by Day of Week
Sunday 2
Monday 1
Tuesday 0
Wednesday 5
Thursday 1
Friday 2
Saturday 0
February 2008
Top Crash Contributing
Circumstances
Inattention
Following Too Close
Vision Obstruction
ProvWed Ry ACSO/CAII/Ih Dela obtained from New World, CAD, legacy AS400, and I W ehCara databases
Page 2 of 2
Data queried 3/17iOR
INTER
OFFICE
City of Eagle
Zoning Administration
To: Mayor Bandy and City Council Members
From: Michael Williams, PCED, Planner II
Subject: RZ-17-04 MOD — Modification to De lopment Agreement (Instrument
#106057136) — Eaglefield Estates LLC, represented by Peter Harris
Date: March 25, 2008
Attachment(s): Memorandum of Agreement (First Amendment)
Eaglefield Estates Subdivision Housing Area Exhibit
Eaglefield Estates Subdivision "Cedars" Housing Area
Supplemental Setbacks for the "Cedars" and "Meadows" Housing Areas
Exhibit Showing Locations of Supplemental Setbacks within the "Cedars"
Area
Exhibit Showing Locations of Supplemental Setbacks within the
"Meadows" Area
Exhibit Showing Shared Driveway
Elevation Showing Shared Driveway
Correspondence from Peter Harris date stamped by the City on March 25,
2008.
Copy To:
Peter Harris and myself conducted a meeting regarding the requested setback modifications. The
for provide clarification to the request.
Mr. Harris also provided correspondence (attached) addressing Site Specific Condition No. 8
within the Findings of Fact and Conclusions of Law for Eaglefield Estates Planned Unit
Development (A-11-04/ RZ-17-04/CU-10-04/PPUD-3-04/PP-9-04/VAC-2-04).
Page 1 of 1
K:\Planning DeptlEagle Applications\SUBS120041Eaglefeld Estates da MOD me3.doc
FIRST AMENDMENT TO
MEMORANDUM OF AGREEMENT
THIS FIRST AMENDMENT TO MEMORANDUM OF AGREEMENT is made the
day of March, 2008 ("Amendment"), by and between the City of Eagle ("City"), an Idaho
municipal corporation located in Ada County, Idaho, and Eaglefield, LLC, ("Eaglefield") an
Idaho limited liability company, collectively referred to here as ("Applicant" or "Eaglefield");
the Applicant and the City may be referred to herein as the "parties" or a "party", as the case may
be.
RECITALS
A. Applicant and the City negotiated and executed a Development Agreement dated March
27, 2006, recorded as Instrument No. 106057136 in Ada County, Idaho, which
incorporated the September 13, 2005, Memorandum of Agreement as Exhibit F as part
thereof;
B. The parties desire to amend the Memorandum of Agreement to accommodate the signing
and filing of a final plat(s) based on water rights rentals duly issued to the City through
the Idaho Water Bank which is administered by the Idaho Department of Water
Resources until such time as the water right licenses required by the Memorandum of
Agreement are completed as set forth in the Memorandum of Agreement; and
C. Any reference to EAGLEFIELD as set forth in the Memorandum of Agreement dated
September 13, 2005, and in this Amendment, includes and implies any heirs, successors
in interest, agents, employees and assigns thereof.
AGREEMENT
NOW THEREFORE, for valuable consideration, which the parties hereby acknowledge
and agree has been provided, the parties agree as follows:
Section 1. Amendment to Paragraph 5 of the Memorandum of Agreement. Paragraph 5 is
amended as follows:
EAGLEFIELD understands and agrees that licensing of the municipal water right and transfer of
the municipal wells and necessary easements as set forth above are an absolute condition for
approval of the final plat of the Eaglefield Estates Subdivision, which is that real property subject
to the Development Agreement dated March 27, 2006, recorded as Instrument No. 106057136,
Ada County Recorder's Office, and any amendments thereto, and the CITY Clerk will not sign
any final plat until the water right is licensed and wells are completed, all necessary interests
conveyed to the CITY, the water right and the wells are ready and able to deliver water to the
Subdivision, and all costs and expenses owed pursuant to Ordinance 479 have been paid to the
CITY and others. EAGLEFIELD further understands and agrees that the above described water
right and municipal wells, as approved by the CITY, the Idaho Department of Water Resources
Page 1 of 4
K:\Planning Dept\Eaglc Applications\SUBS12005\Eaglef eld MOA Amendment 3.doc
and the Department of Environmental Quality, shall be the means by which Eaglefield Estates
Subdivision is supplied potable water; provided, however, the CITY Clerk may sign a final
plat(s) under terms and conditions acceptable to the CITY, in its sole discretion, which provide
for the use of water rights leased by the Applicant to the Idaho Water Bank for use by the City as
a temporary measure to provide potable water to the real property subject to the March 27, 2006,
Development Agreement and any amendments thereto. However, no obligation of
EAGLEFIELD under the Memorandum of Agreement or this Amendment may be or is waived,
minimized or terminated in any manner by the use of said water rights leases for a temporary
water supply. Further, conveyance of the municipal wells and necessary easements, and payment
of all funds, as set forth in this MOA remain absolute conditions precedent to the CITY Clerk
signing any final plat. The terms and acceptability of any lease and use of the leased water rights
shall be in such amounts and under such terms and conditions as may be determined by the
CITY in the CITY'S sole and absolute discretion. EAGLEFIELD is obligated to pay all fees
associated with the leased water rights received through the Idaho Water Bank.
Section 2: New Paraeranhs to be Added to the Memorandum of Agreement:
9. Subject to the City's alternatives and conditions set forth in paragraph 5, the City may
also, at its sole discretion, approve alternative methods of complying with this Agreement as a
temporary measure to provide potable water to the real property in order to allow the City Clerk
to sign the final plat(s).
10. Applicant waives any claims it may have or which may arise in the future against the
City regarding this Agreement. Applicant further agrees to hold the City harmless from any and
all claims that may be brought or prosecuted against the City by any third -party or subsequent
owner(s) of lots in the final plat or plats signed by the City Clerk.
11. Any individual or officer signing this Agreement represents that he or she is properly
acting as an agent of any named organization and is vested with all necessary authority to
execute this Agreement on behalf of the named organization and to bind said organization, heirs,
agents, employees, successors in interest, and assigns to it terms. Reference to EAGLEFIELD
includes and shall bind any heirs, successors in interest, agents, employees, and assigns which
have been or shall be included in the development of the real property subject to the March 27,
2006 Development Agreement and its amendments, and the September 13, 2005 Memorandum
of Agreement and its amendments. This amendment to the September 13, 2005 Memorandum of
Agreement is hereby made part of the March 27, 2006 Development Agreement as referenced in
that document.
12. Any dispute, difference, claim or disagreement arising under or with respect to this
Agreement, including the meaning or construction thereof, shall be referred to a three (3) -
member arbiter panel selected in accordance with the rules of the American Arbitration
Association ("AAA"). Such dispute, difference, claim or disagreement shall be settled by
arbitration in accordance with the then prevailing commercial rules of the AAA, and judgment
upon award rendered by the panel may be entered in the Fourth Judicial District of the State of
Idaho. .
Page 2 of 4
K:1Planning Dept\Eagle Applications\SUBS120051Eaglefield MOA Amendment 3.doc
13. Except as provided herein, this Amendment shall not be construed to constitute a waiver
of any rights or claims of the parties, including any subrogated claims.
14. This Agreement or any section thereof shall not be construed against any party due to the
fact that said Agreement or any section thereof was drafted by said party.
Section 3. Full Force and Effect. Except as modified herein, all terms and conditions of the
Memorandum of Agreement shall remain in full force and effect. In the event of any conflict
between the Memorandum of Agreement and this Amendment, the language of the
Memorandum of Agreement shall control.
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date first above
written.
CITY OF EAGLE
Phil Bandy,
MAYOR
ATTEST:
Sharon K. Bergmann
CITY CLERK
STATE OF IDAHO )
: ss.
County of Ada )
On this day of , 2008, before the undersigned notary public in and
for the said state, personally appeared PHIL BANDY, 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.
Notary Public for Idaho
Residing at:
My Commission Expires:
Page 3 of 4
K:1Planning Dept\Eagle Applications\SUBS120051Eagleficld MOA Amendment 3.doc
STATE OF IDAHO
: ss.
County of Ada
EAGLEFIELD, LLC
An Idaho Limited Liability Company
By:
Peter Harris, Manager
On this day of , 2008, before the undersigned notary public in and
for the said state, personally appeared PETER HARRIS, MANAGER, EAGLEFIELD, LLC,
known or identified to me to be the owner of the property referenced herein and the person who
executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
Notary Public for Idaho
Residing at:
My Commission Expires:
Page 4 of 4
K:\planning Dept\Eagle Applications\SUBS120051Eaglefield MOA Amendment 3.doc
POOR COPY
PFABUILAIR1101
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PROJECT NO
C04023
HOUSING AREA EXHIBIT II
oat 01, ...II
EAGLEFEF_LD ESTATES SUBDIVISION
CP,
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RECEIVED & FILED
CITY OF EAGLE
MAR 2 5 2008
I Re:
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it
4 • 3
(.0005F t
I0
9
07,751,
8
11, 7
• 5/ 5.7.7257
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Alley Loaded Single Faunk. 1)etaelied 5500 sq. It.
Single Family Detached Shared Driveways 6000-7000 sq. 11.
7
'1
Supplement to "Cedars" setbacks
RECEIVED & FILED
CITY OF EAGLE
MAR 2 5 2008
FHA.
Routo to:
The following lots shall have a front yard setback of 15' (fifteen feet)
Block 3 Lots 4,6,8, and 10
Block 4 Lots 4,6,8,10,11,13,14,15,16 and 18
Block 5 Lots 1,3,5,7,9, and 11
Lots 10 Block 3, Lots 11 and 12 Block 4 and Lots 1 and 11 Block 5 shall
have street side yard setback of 10' (ten feet)
Note: the number of lots with setback variations has not changed from
preliminary plat approval.
All lots within the "Cedars" zone requiring shared driveways shall be
allowed front yard setbacks of 15' to side loaded garages. Front loaded
garages shall have 20'setback.
Supplement to the "Meadows" setbacks
The following lots shall have a sideyard setback of 5' (five feet)
Block 12 Lots 4,5,7,8,9,10,11,12,16,17,22,23, and 24
RECEIVED & FILED
CITY OF EAGLE
MAR 2 5 2008
Single Family Detached 7000 sq. ft.
Alley Loaded Single Family Detached 5500 sq. 11. +
Single Family Detached Shared Driveways 6000-7000 sq. II.
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RECEIVED & FLED
CITY OF EAGLE
MAR 2 5 2008 1
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March 24, 2008
Michael Williams, CCD
City of Eagle
660 E. Civic Lane,
Eagle, ID 83616
RcCEIVED & FILED .._.
CITY OF EAGLE
MAR 2 5 2008
File:
Route to:
RE: EAGLEFIELD
Dear Mike,
As you know we have been struggling to deal with Site Specific Condition #8 for the
above referenced project.
We accepted this condition with the Eaglefield plat, as we had been working with the
adjacent neighbor, Mr. Scott Reeser, to incorporate his property in with ours. This
incorporation helped Eaglefield, as well as Mr Reeser's property as he was able to gain
additional density by taking advantage of our open space. We processed Eaglefield II
with his blessing and signed a Development Agreement with the City, us and Mr Reeser.
The easement as required by our condition #8 is clearly shown and incorporated into this
new Development Agreement.
We have moved forward developing the Eaglefield project and the required off site
improvements. We assumed that condition #8 was no longer needed as the easement
required was covered within the new agreement. Eaglefield has paid to install
improvements on the easement to the benefit of both properties.
Eaglefield is now ready to have the City sign the plat and the City has informed us we
haven't satisfied condition #8. Mr. Reeser is asking for additional compensation for his
cooperation and we need additional time to sort this problem out.
So pursuant to our conversation today Eaglefield LLC wishes guaranty to the City that
they will not sell or build upon Lots 2,3,4,5,6,7,8,9,10, of Block 3 of the Eaglefield
Subdivision No 1. until the ingress/egress easement is recorded, as required by Site
Specific Condition #8 of the Eaglefield Subdivision.
Peter arris
Eaglefield LLC
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