Minutes - 2020 - City Council - 01/28/2020 - Regular EAGLE CITY COUNCIL
MINUTES
January 28,2020
1. CALL TO ORDER: Mayor Pierce calls the meeting to order at 5:30 p.m.
2. ROLL CALL: PIKr:, GOLD, PITTMAN, BAUN. Baun is present by telephone
conference. A quorum is present.
3. PLEDGE OF ALLEGIANCE: Mayor Pierce leads the Pledge of Allegiance
4. PRESENTATION:
A. Kurt Folke, Quest CPAs, presents the City of Eagle's 1+'Y 18/19 Audit Report.
(SKB)
Mayor introduces the issue.
Kurt Folke, Quest CPAs, provides an overview of the City of Eagle's Audit Report for
FY 18/19. General discussion.
5. REPORTS:
A. Mayor and Council Reports:
Gold: Discusses Council accountability in City processes. Discussion on meetings with
the Department Heads. Discusses scheduling with joint meetings with other entities.
Workshop with
Discusses a formal ethics process. I would like the Mayor and Staff to work on this
process and bring back to the Council. General discussion.
Pittman: Discusses the Liaison Positions. Spring Valley Liaison will be Pittman, Gold
and Baun.
We now have the Occupancy Permit for the Landing Community Center so we can
continue classes.
Mayor: The exit signs are in and we are working on the occupancy permit for the
Landing.
B. City Hall Department Supervisor Reports:
Chief Clifford provides Council an overview of his monthly report. General discussion.
Planner Baird-Spencer reports on the Transportation Work Group and the projects the
group considers. The Work Group will present a list of projects for recommendation to
the Council to consider. Displays a power point about the Integrated Five-year Work
Program. General discussion.
The night work on US 20-26 from Eagle Road to Locus Grove starts tonight. There will
be lane closures and delays.
The new bus route starts the end of March. It will the extension of Route 9. This will
come all the way through downtown Eagle and out to Ballantyne and then loop back out.
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City Clerk/Treasurer Bergmann: Financial Reports for November& December 2019.
C. City Attorney Report: None
6. PUBLIC COMMENT 1:
This time is reserved for the public to address their elected officials regarding
concerns or comments they would like to provide to the City Council regarding
subjects not on the agenda. At times, the City Council may seek comments/opinions
regarding specific City matters during this allotted time. This is not the time slot to
give formal testimony on a public hearing matter, land use application, or comment
on a pending application or proposal. Out of courtesy for all who wish to speak, the
City Council requests each speaker limit their comments to three (3) minutes.
Renee Palafox, 63 S. Baxter Way, distributes information to the Council on violations of
work in accordance with Ordinance #4-9-3 and requests changes to the Ordinance.
Renee presents a video of the homes on Baxter Way at State and Linder. General
discussion.
Connie McIntire, 102 Baader Way, discusses her calls to code enforcement and the code
enforcement violations impacting her home and her neighbor's homes. Discusses the
new construction neighboring her home.
Chief Clifford: Kevin does not work for us any longer, he is with Ada County. I can
handle this, and I will communicate with the you (Mayor) about going out and visiting
the site.
General discussion.
Tim Langford, 142 S. Baxter Way, I can confirm some of the complaints that Connie
made because I live directly behind the construction. In addition to the issue of the City
Ordinance on public disturbance there is also an issue on the construction of the
apartments. We would like to respectfully request a meeting with the City. Provides a
list of several issues to be discussed.
PZ Administrator Vaughan: General discussion on monitoring Development Agreements
and complaints on construction. Also discusses obtaining more information on new
construction.
Discussion on how the City monitors Development Agreements. General Discussion.
Gordon Payne, 117 S. Baxter, I am on the other side of Baxter and I see those buildings.
Does the City monitor the drainage issue? We will have a major problem with drainage
as there is no place for the water to go. Discusses the heavy truck traffic and the huge
amount of dust. These apartments have no place in a residential area. Could the City
coordinate a meeting with the contractor?
Luke Mortenson, 92 S. Baxter Way, the back of my property faces the ongoing
development. Discusses the presentations to the Council and the written agreements in
regard to the apartments. Discusses the requests that were made. We felt that those
requests were approved. Discusses the incidents with the construction company. Our
quality of life is greatly reduced.
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Peter Ratitic, thank you for your time. Listening to the financials it sounds like the
growth of the City is awesome and it is doing what we wanted. Is there ever a point
when the City stops growing? Discusses high density housing and a moratorium.
Christopher Hadden, 909N. Marley Green Place, thank you for the update on the
Landing. In regard to my ethics complaint it is still open. I'm very encouraged by your
comments this evening in regard to how you will be moving forward in setting up some
type of ethics review process and look forward to your reply to my ethics complaint.
General discussion.
John Scott, 3353 Hall Drive, with respect to these contracts with the City, I put in a
public records request for a height exemption and I think prior to the Molinari project
there might have been five. The contracts and master plans being approved, there needs
to be more thought going into setbacks and road frontages. I think these need to be
scrutinized and monitored.
7. ADDITIONS,DELETIONS OR MODIFICATIONS TO THE AGENDA:
A. City Staff requests. None
B. Mayor or City Council requests. None
8. ALL CONSEIV.I'AGENDA 11 EMS ARE CONSIDERED ACTION Il EMS
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 against the City.
B. Minutes of January 14,2020. (SKB)
C. Eagle Fun Days Poster Graphic Design Services: Asking for City Council
approval for the Mayor to sign a personal services agreement with Red Couch
Creative for the 2020 Eagle Fun Days poster and social media graphic design
in an amount not to exceed$950.00. (EM)
D. Storage Mart Lease Agreement. This Lease Agreement is for the storage
unit for the Field of Honor to store the flags. (SKB)
E. Brand Development and Marketing Strateu: Asking for City Council
approval for the Mayor to sign a professional services agreement with Carew
Co. for graphic brand design services and style guide in an amount not to
exceed $9,550.00. (RC)
F. DR-11-16 MOD2 — Modification to the Common Area, Amenities, and
Pool House within Stillwater Subdivision — Corey Elitharp: Corey
Elitharp, represented by Rodney Evans with RE+P, is requesting design
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review approval to modify the common area landscaping, amenities, and pool
house within Stillwater Subdivision. The 39.7-acre site is located on the south
side of State Highway 44 at the intersection of State Highway 44 and West
State Street. (WEV)
G. DR-75-19 — Multi-tenant Office/Retail/Restaurant Building within
Stillwater Subdivision — Core Elithar 1: Corey Elitharp, represented by
Rodney Evans with RE+P, is requesting design review approval for an 8,576-
square foot office/retail/restaurant building. The 1.06-acre site is located on
the northeast corner of West Copper Silo Street and South Urban Gate Avenue
at 2300 and 2340 West Copper Silo Street (Lots 4 and 5, Block 6, Stillwater
Subdivision No. 1). (WEV)
H. DR-76-19 —Master Sign Plan for a Multi-tenant Office/Retail/Restaurant
Building in Stillwater Subdivision No. 1 — RSI Construction: RSI
Construction, represented by Rodney Evans with RE+P, PLLC, is requesting
design review approval for the master sign plan for a multi-tenant
office/retail/restaurant building. The 1.06-acre site is located on the north side
of West Copper Silo Street approximately 250-feet south of the intersection of
State Highway 44 and South Urban Gate Drive at 2300 and 2340 West
Copper Silo Street (Lots 4 and 5, Block 6, Stillwater Subdivision No. 1).
(WEV)
I. DR-77-19 — Two Live/Work Townhome Buildings (12-units) and Site
Landscaping — Corey Elitharp: Corey Elitharp, represented by Rodney
Evans with Rodney Evans + Partners, is requesting design review approval to
construct two (2) live/work townhome buildings (12-units) and site
landscaping. The 0.77-acre site is located on the south side of West Copper
Silo Street between South Steel Farm Avenue and South Carbon Rivet
Avenue on Lots 1-13, Block 5, of Stillwater Subdivision No. 1. (WEV)
J. DR-78-19 — Master Si.n Plan for Two Live/Work Townhome Buildin.s
in Stillwater Subdivision No. 1 — RSI Construction: RSI Construction,
represented by Rodney Evans with Rodney Evans + Partners, is requesting
design review approval for the master sign plan for two live/work townhome
buildings within Stillwater Subdivision No. 1. The 0.77-acre site is located on
the south side of West Copper Silo Street between South Steel Farm Avenue
and South Carbon Rivet Avenue on Lots 1-13, Block 5, of Stillwater
Subdivision No. 1. (WEV)
K. DR-79-19 — Two Townhome Buildin.s 12-units and Site Landsca i in. —
Corey Elitharp: Corey Elitharp, represented by Rodney Evans with Rodney
Evans + Partners, is requesting design review approval to construct two (2)
townhome buildings (12-units) and site landscaping. The 0.76-acre site is
located on the north side of West Iron Coop Street between South Steel Farm
Avenue and South Carbon Rivet Avenue on Lots 1-13, Block 4, of Stillwater
Subdivision No. 1. (WEV)
L. Resolution 20-01: A resolution appointing board members and alternates to
the Valley Regional Transit Board. (WEV)
M. Greenbelt Operation and Maintenance Agreement: Approval of an
Operation and Maintenance Agreement between BB One, L.C. and the City of
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Eagle for an existing .23-mile long section of the Boise River greenbelt trail
located along north side of the north channel of the Boise River across a
portions of Lot 1, 2, 3, and 4 of Block 1 of Channel Center Subdivision.
(NBS)
N. Eagle PedlBike Bridge: Approval of an Easement Agreement between BB
One, L.C. and the City of Eagle for a paved public pathway and bridge across
the north channel of the Boise River through and across a portion of Lot 1,
Block 1 of Channel Center Subdivision. (NBS)
O. Approval of Payment Greenbelt Repairs: Approval of a partial payment to
CRC Design/Build for repairs related to riverbank and pathway damaged that
occurred in the flood of 2017. This payment will be a maximum of
$182,513.93, 75%of which will be reimbursed by FEMA.
Pike removes Item#8E and#80 from the Consent Agenda.
Pittman removes Item#8F,#J8 and#8K from the Consent Agenda.
Zoning Administrator Vaughn removes Item #8L and Item #8N from the Consent
Agenda.
City Attorney removes Item#8C from the Consent Agenda.
Mayor removes Item#8M from the Consent Agenda.
Pittman moves to approve Consent Agenda Items #8A , nd I as written.
Seconded by Gold. ALL AYES: MOTION CARRIES.........
.................
#8C. Eagle Fun Days Poster Graphic Design Services: Asking for City Council
approval for the Mayor to sign a personal services agreement with Red Couch Creative
for the 2020 Eagle Fun Days poster and social media graphic design in an amount not to
exceed $950.00. (EM)
City Attorney: #8C is a contract for services and there is a typo. The intent is to have
some artwork done for the Eagle Fun Days 2020 and it says "220", this needs to be
corrected. Looking through this there are additional terms I would like to add to this
contract to better protect the City, I would request that this be remanded back to me and
this will be ready for your consideration at your next meeting.
General discussion.
Pittman moves to remand Item #8C back to legal. Seconded by Gold. Discussion.
ALL AYES: MOTION CARRIES..........
#8E. Brand Develo ment and Marketin Strate : Asking for City Council
approval for the Mayor to sign a professional services agreement with Carew Co. for
graphic brand design services and style guide in an amount not to exceed $9,550.00. (RC)
Pike I would like to have staff talk about the branding as we were not part of the previous
Council when this was brought up.
Economic Director Collins provides an overview of the Branding process. General
Discussion.
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Pittman moves to remand Item #8E back to City Councl fdjments. General
discussion. Pittman amends his motion to say "Legal Counsel" for adjustments.
Seconded by Pike. ALL AYES: MOTION CARRIES.....
...................
#8F. DR-11-.16 MOD2—Modification to the Common Area, Amenities, and Pool
House within Stillwater Subdivision— Corey Elitharp: Corey Elitharp, represented by
Rodney Evans with RE+P, is requesting design review approval to modify the common
area landscaping, amenities, and pool house within Stillwater Subdivision. The 39.7-acre
site is located on the south side of State Highway 44 at the intersection of State Highway
44 and West State Street. (WEV)
Pittman: I have questions on the amenities and discussion on the Tot Lot. Why isn't
there an actual tot climbing structure, swing set, something that could appease those with
younger families.
Emily Gero, Planning Staff, the City of Eagle does not have a definition for a Tot Lot or
what amenities that requires. Discusses what the applicant is proposing. I will defer to
the applicants.
Karne Elitharp, provides an overview of the amenities. Discusses a Tot Lot. This is not
the type of community that you see in this demographic. We wanted a true amenity for
all the residents. General discussion.
Pike moves to approve DR-11-16 MODMdifcation to the Common Area,
Amenities, and Pool House within Stillwater Subdivision—Corey Elitharp. Seconded
by Gold. ALL AYES: MOTION CARRIES...
..................
#8J. DR-78-19--Master Sign Plan for Two Live/Work Townhome Buildings in
Stillwater Subdivision No. 1—RSI Construction: RSI Construction, represented by
Rodney Evans with Rodney Evans + Partners, is requesting design review approval for
the master sign plan for two live/work townhome buildings within Stillwater Subdivision
No. 1. The 0.77-acre site is located on the south side of West Copper Silo Street between
South Steel Farm Avenue and South Carbon Rivet Avenue on Lots 1-13, Block 5, of
Stillwater Subdivision No. 1. (WEV)
Pittman: In Item#8J and #8K I have the same similar question. I'm concerned about the
master plan for the townhomes in both Item #J and Item #K regarding the separation of
the two buildings. General discussion. Can you explain to me what is being done
between the two sets of buildings?
Denise Lauerman, Planner, Item #8J is the Master Sign Plan. Did you mean Item #I?
Pitman confirms Item#I. So,this is already completed.
Pittman mve Item #8J. Seconded by Gold. ALL AYES: MOTION
CARRIES..........
........
#8K. DR-79-19—Two Townhome Buildin s 12-units and Site Landsca in�—Core
Elitharp: Corey Elitharp, represented by Rodney Evans with Rodney Evans + Partners,
is requesting design review approval to construct two (2) townhome buildings (12-units)
and site landscaping. The 0.76-acre site is located on the north side of West Iron Coop
Street between South Steel Farm Avenue and South Carbon Rivet Avenue on Lots 1-13,
Block 4, of Stillwater Subdivision No. 1. (WEV)
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Pittman: Same questions. I am concerned about what is being done between the two sets
of building.
Corrie Elitharp provides an overview of the amenities. General discussion.
Pittman moves to approve Item #8K on the Consent Agenda. Seconded by Gold.
ALL AYES: MOTION CARRIES..........
#8L. Resolution 20-01: A resolution appointing board members and alternates to the
Valley Regional Transit Board. (WEV)
Zoning Administrator provides an overview of the Resolution of Valley Regional Transit
members.
Pike moves that he attends in place of the Mayor.
Gold makes a substitute motinto approve Resolution 20-01 with
Councilman Pike as the primary elected representative. Seconded by Pittman.
ALL AYES: MOTION CARRIES....
..............
#8M. Greenbelt Operation and Maintenance Agreement: Approval of an Operation
and Maintenance Agreement between BB One, L.C. and the City of Eagle for an existing
.23-mile long section of the Boise River greenbelt trail located along north side of the
north channel of the Boise River across a portions of Lot 1, 2, 3, and 4 of Block 1 of
Channel Center Subdivision. (NBS)
Mayor Pierce provides an overview.
Planner Baird-Spencer discusses the operation and maintenance agreement. General
discussion.
Pittman moves to approve Item #8M on the Consent Agenda as stated. Seconded by
Gold. ALL AYES: MOTION CARRIES..........
#8N. Eagle PedfBike Bridge: Approval of an Easement Agreement between BB One,
L.C. and the City of Eagle for a paved public pathway and bridge across the north
channel of the Boise River through and across a portion of Lot 1, Block 1 of Channel
Center Subdivision. (NBS)
Planner Baird-Spencer provides an overview of the Easement. General discussion.
Pittman moves to approve Item #8N as written in the Consent Agenda with the
Temporary Easement Agreement that has been issued. Seconded by Gold. ALL
AYES: MOTION CARRIES..........
#80. Approval of Payment Greenbelt Repairs: Approval of a partial payment to CRC
Design/Build for repairs related to riverbank and pathway damaged that occurred in the
flood of 2017. This payment will be a maximum of$182,513.93, 75% of which will be
reimbursed by FEMA.
Pike: my questions is how much of the cost would be for the City. General discussion.
Pike move to approves #80. Approval oyment Greenbelt Repairs. Seconded by
Gold. ALL AYES: MOTION CARRIES...
......
Mayor calls a recess at 7:20 p.m.
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Mayor reconvenes at 7:30 p.m.
9. UNFINISHED BUSINESS: NONE.
10. PUBLIC HEARINGS: Public hearings will not begin prior to 6:00 p.m.
• Public Hearings are legally noticed hearings required by state law. The public
may provide formal testimony regarding the application or issue before the City
Council. This testimony will become part of the hearing record for that
application or matter.
• Disclosure of ex parte and/or conflict of interest.
A. ACTION ITEM: A-04-19 & RZ-09-19--Annexation and Rezone from RUT to R-
E—City
of Eagle: On behalf of George Fischer,the City of Eagle, represented by William
Vaughan, AICP, is requesting annexation and rezone from RUT (Rural-Urban Transition
— Ada County designation) to R-E (Residential-Estates). The 5.85-acre and 5.39-acre
properties are located on the south side of West Beacon Light Road approximately 2,098-
feet east of North Ballantyne Lane at 1275 West Beacon Light Road (unplatted property)
and 2575 North Sky View Lane (Lot 6, Block 1, Pony Subdivision). (WEV)
Mayor introduces the issue.
Zoning Administrator displays a power point and provides the Council an overview of
the project. General discussion.
Mayor opens the Public Hearing
Steve Barby, 1114 W. Rush Road, I am in support of bringing this property into the City
of Eagle. This is a fair and wise thing to do.
Christopher Hadden, 909 N. Marley Green Place, I echo Victor's comments in regard to
the attorney's letter. I am in support of this annexation and I agree with Victor.
Katella Safere, 2575 N. Sky View Lane, I am in favor of the annexation so we can do
what we want with our property and have our property rights.
Mayor closes the public hearing
Gold mov4-19 & RZ-09-19—Annexation and Rezone from RUT to
R-E—City of Eagle. Seconded by Pittman. ALL AYES: MOTION
CARRIES.........
.....
B. ACTION hEM: CU-06-19--Outdoor Preschool and Nursery (Plant Materials) and
Waivers Pursuant to Idaho Code 67-6512(F)--Tamara Jahelka & Miranda Deckwa
Jasper: Tamara Jahelka and Miranda Deckwa Jasper are requesting conditional use
permit approval fora 24 student (maximum) outdoor preschool (daycare center), a
nursery (plant materials), and waivers pursuant to Idaho Code 67-6512(f). The 1.41-acre
site (Lots 12 & 13, Block 2, Randall Acres Subdivision No. 15) is located on the north
side of East Dunyon Street approximately 320-feet west of the intersection of North
Parkinson Street and East Dunyon Street at 2230 and 2248 East Dunyon Street. (WEV)
Mayor introduces the issue.
Miranda and Tamara display a power point and provide Council an overview of the
property. General discussion.
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Planner Lauerman displays a power point and provides Council an overview of the
application and the conditions. General discussion.
Mayor opens the Public Hearing
Janet Butchart, 235 W. Floating Feather Road, I am in favor of this use and waivers.
This use will have minimal impact in terms of traffic in the area. This will add an
attractive, family use to the neighborhood that I would welcome.
Kristy Weston, 6126 W. Piaffe, I am in favor of this. But I have a question. Is there at
state law that sex offenders can be close to a school. General discussion.
Debbie Mahew, 1840 Westwood Valley, is there any need for AC and heat?
Miranda and Tamara discuss the main business hours, the outdoor activities, the fencing
will be up and secure. I would assume with the licensing it would address the sex
offenders. Discusses the AC and heating.
Mayor closes the Public Hearing
General Council discussion.
Pittman moves to approve Action Item CU-06-19--Outdoor Preschool and Nursery
(Plant Materials) and Waivers Pursuant to Idaho Code 67-6512(F)---Tamara Jahelka
& Miranda Deckwa Jasper with the modification to Site Specific #A and go with the
applicants stated request. Site Specific Item #3A. The applicant shall obtain a
zoning certificate prior to activation of the outdoor preschool at more than 6
students and nursery plan materials, however, can continue the horticulture
activities in the meanwhile. Site Specific Item #7A. Approve the applicants request
and the Site Specific would state "If the City Council approves a waiver to permit
the phasing for the removal of fencing along the East, South and North property
lines of the site the applicant shall submit detailed cut sheets of the proposed
replacement fencing style, color material and height with a specific timeline of
which portions of the fencing will be replaced by Spring of 2021". The detail cut
sheets and phasing timeline for fence replace shall be submitted prior to the
submittal of the Design Review application. Fencing shall be replaced by the
following timeline: Replace fence along Dunyon Street, Eagle, Idaho shall be
completed by July 2020 add privacy fence along East property line by October 2020,
replace North fence along Canal Spring of 2021. General discussion. Item #9A. to
provide a revised site/landscape plan showing the existing mature landscaping
complemented with pollinators, seasonal color and evergreen herbs. Site Specific
Condition #11A. Provide a revised site plan showing a five foot high fence to screen
the trash and recycle receptacles prior to submittal of a Design Review Application
with a stipulation that if the trash exceeds the residential can usage and they are
required to get a commercial type of can that there would then be a trash enclosure
created to cover that receptacle. With the applicants request Site Specific #12A. To
provide a revised landscape plan showing a landscape strip of existing trees and
shrubs enhanced with evergreen herbs and seasonal flowers. The revised
site/landscape plan should be submitted prior to submittal of a Design Review
application. Item #13A. Site Specific condition should read "The site plan shows
"small animals" area located on the east side of the property. The "small animals"
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area shall be limited to 2 pot belly pigs, 2 pigmy goats, 6 rabbits, 6 hens, and no
roosters. Site Specific #14A. As the Applicant requested. Recommend that the
utilities of the site be placed underground with a timeline added. The timeline
would be 12 months, or the fall of 2021 would be the time for this to be done to give
the Applicant time to meet with the URA to see if they would help with this
endeavor. General discussion. This should be brought back to the Council if the
URA does not help the applicants in the process of getting the powerlines buried.
Site Specific Condition #16A. Site Specific Condition. The hours of the operations
for the outdoor pre-school shall be limited to the hours between 7:30 a.m. and 10:00
p.m. daily. Core hours (hours of regular schedule) to be from 9:00 a.m. to 4:00 p.m.
Monday through Friday with supplemental events during extended hours (starting
a new business requires a flexibility to meet the needs of hours for the customers).
Site Specific #17A. The hours of operation of the nursery (plant materials) shall be
limited to the hours between 6:00 a.m. and 10:00 p.m. with public access to the
nursery (plant materials) from 8:00 a.m. to 9:00 p.m. with normal hours from 10:00
a.m. to 6:00 p.m. Special event activities may utilize the hours from 8:00 a.m. to
10:00 a.m. and from 6:00 p.m. to 9:00 p.m. Trucking and transport hours would be
from 7:00 a.m. to 10:00 p.m. General discussion. Site Specific Condition #18A will
be stated as the applicant requested "this permit shall expire within seven years. An
extension of time granted by the City Council in accordance with Eagle City Code A
thru F. Site Specific Condition Item #20 should read "provide a landscape plan
prepared by striking"a licensed landscape architect" and replacing it with "provide
a landscape plan by "applicant" prior to the submittal of a Design Review
application. The landscape plan shall be reviewed and approved by staff and two
members of the Design Review Board prior to the issuance of a zoning certificate.
Seconded by Gold. ALL AYES: MOTION CARRIES.........
Mayor calls a recess at 9:20 p.m.
Mayor reconvenes at 9:30 p.m.
C. ACTION il/EM: CU-07-19—Building Height Exception—Pet IQ, LLC: Pet IQ, LLC,
represented by Stan Cole with Cole Architects, is requesting a building height exception
to 59-feet. The request is in association with a proposed three (3) story office building.
The 3.85-acre site is located within the Eagle River development on the north side of East
Eagle River Street and East Riverside Drive on Lot 20 and a portion of Lot 19, Block 3,
Mixed Use Subdivision No. 5. (WEV)
Mayor introduces the issue.
Matt Huffield, Cole Architects, displays a power point and provides Council an overview
of the application. Discusses the height variances.
Planner Williams displays a power point and provides Council an overview of the
application. General discussion.
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Mayor opens the Public Hearing
Chad Longson, 2615 E. Aspen Wood Ct., I represent Pet IQ. Provides the Council with
an overview of Pet IQ. We want to stay in Eagle and make our home here. General
discussion.
Matt Bobo, 425 E. Shore Drive, I'm with Eagle River, we have known Pet IQ for some
time. We are selling them land for this transaction. Discusses the aesthetics and the
design of the project.
Mayor closes the Public Hearing
General Council discussion.
Gold moves to approve CU-07-19--Building Height Exception—Pet IQ, LLC.
Seconded by Pike. Discussion. Pittman: I would ask that the motion include that
the elevator and the elevator aihonly approved 59' section of the
development of the building. Gold includes his in the motion. Second concurs.
ALL AYES: MOTION CARRIES...
.................
11. NEW BUSINESS:
A. ACTION il/EM: Palmetto Street Extension: Staff is requesting the Council's
direction on the Palmetto Street Extension including the acceptance of deeds associated
with the roadway and the timeline for conducting a public bid process for construction.
(NBS)
Mayor introduces the issue.
Planner Baird-Spencer and Economic Director Collins provides a timeline of the
Palmetto Street Extension. The Deeds have already been recorded and were not brought
before the Council.
Mayor: I would like to bring the Deeds back and go through the correct process to get
approval from the Council. General discussion.
City Attorney discusses the process of unrecording the Deeds.
General discussion.
Pike moves to table Action Item for Palmetto Street Extension to a further date so we can
have a better explanation of where the funding element is coming and what impact it has
on the entire community. General discussion. Pike rescinds his motion.
Pike moves to have a special meeting specifically for the Palmetto Extension
discussion with the URA invited and we can have a workshop and if it needs to be in
the parameters of making a decision then I'm fine with that. General discussion.
Seconded by Pittman. ALL AYE: MOTION CARRIES.........
Page 11
1:\COUNCILVA INUTES\Temporary Minutes Work Area\CC-01-28-20min.doc
12. PUBLIC COMMENT 2: None
This time is reserved for the public to address their elected officials regarding
concerns or comments they would like to provide to the City Council regarding any
matter, up to and including any subject on the agenda with the exception of Public
Hearing and land use items. Comments regarding Public Hearing and land use
items need to be made during the open public hearing for said item(s) in accordance
with Idaho Code. At times, the City Council may seek comments/opinions regarding
specific City matters (excluding Public Hearing and land use items) during this
allotted time. Out of courtesy for all who wish to speak, the City Council requests
each speaker limit their comments to three (3) minutes.
13. ADJOURNMENT:
Gold moves to adjourn. Seconded by Pittman. ALL AYES: MOTION
CARRIES
Hearing no further business, the Council meeting adjourned at 9:35 p.m.
Respectfully submitted:
♦`��111//y4
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SHARON K. BERGMANN „ •
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CITY CLERK/TREASURER
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.TI .ON PIERCE
MAYOR
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD
AT WWW.CITYOFEAGLE.ORG.
Page 12
J:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-01-28-20min.doc
EAGLE CITY COUNCIL MEETING
AGENDA ITEM #9A
A-04-19 & RZ-09-19—Annexation and Rezone from RUT to R-E—Ci of Ea i le
January 28, 2020
NAME TESTIFY PRO/CON
PLEASE PRINT ADDRESS YES/NO NEUTRAL
EAGLE CITY COUNCIL MEETING
AGENDA ITEM #9B
CU-06-19 — Outdoor Preschool and Nursery (Plant Materials) and Waivers
Pursuant to Idaho Code 67-6512(x') — Tamara Jahelka Miranda Deckwa
Jasper
January 28, 2020
NAME TESTIFY PRO/CON
PLEASE PRINT ADDRESS YES/NO NEUTRAL
EAGLE CITY COUNCIL MEETING
AGENDA ITEM #9C
CU-07-19 — Building Height Exception — Pet IQ, LLC
January 28, 2020
NAME TESTIFY PRO/ CON
PLEASE PRINT ADDRESS YES/NO NEUTRAL
heA Ley, sd�, z ‘1 C 050e, wdo J c f Y(.5
C ` c,2 g>420
City of Eagle Check Register-Transparency Version Page 1
Check Issue Dates 1/15/2020-1/27/2020 Jan 27,2020 01.46PM
Report Criteria
Report type. GL detail
Bank Bank account="82007705"
Check Check Invoice Invoice Invoice GL Invoice Check
Issue Date Number Payee Sequence GL Account Account Title Amount Amount
30789 •
01/15/2020 30789 Platt Electric Supply 1 ch 19-0465-04-00 EAGLE LANDINGVOk, .� 17 45- 17 45-
Total 30789 17 45-
30876
01/16/2020 30876 Ada County Sheriff-Civil Division 1 ch 23-0217-08-00 GARNISHMENT 61.52 61 52
Total 30876 61 52
30877
01/16/2020 30877 Idaho Child Support Receipting 1 ch 23-0217-08-00 GARNISHMENT 152 30 152 30
01/16/2020 30877 Idaho Child Support Receipting 2 ch 23-0217-08-00 GARNISHMENT 138 46 138 46
Total 30877 290 76
30878
01/16/2020 30878 Key Bank-HSA 1 ch 17-0217-10-00 HSA CONTRIBUTION 500 00 500 00
01/16/2020 30878 Key Bank-HSA 2 ch 06-0217-10-00 HSA CONTRIBUTION 350.00 350 00
01/16/2020 30878 Key Bank-HSA 3 ch 14-0217-10-00 HSA CONTRIBUTION 200 00 200 00
01/16/2020 30878 Key Bank-HSA 4 ch 18-0415-26-00 HSA 150 00 150 00
01/16/2020 30878 Key Bank-HSA 5 ch 20-0217-10-00 HSA CONTRIBUTION 250.00 250.00
01/16/2020 30878 Key Bank-HSA 6 ch 13-0217-10-00 HSA CONTRIBUTION 100 00 100 00
01/16/2020 30878 Key Bank-HSA 7 ch 11-0217-10-00 HSA CONTRIBUTION 120 00 120 00
Total 30878 1,670 00
30879
01/27/2020 30879 45th Parallel Electric 1 ch 13-0413-29-05 ELECTRICAL PERMIT REFUND 420 00 420 00
Total 30879 420 00
30880
01/27/2020 30880 ACS-Advanced Control Systems 1 ch 60-0434-19-00 TELECOMMUNICATIONS/SCADA 478 00 478 00
Total 30880 478 00
30881
01/27/2020 30881 Ada County Prosecuting Attorney 1 ch 01-0416-05-00 PROSECUTOR 5,333 00 5,333 00
Total 30881 5,333 00
30882
01/27/2020 30882 Ada County Treasurer 1 ch 01-0413-29-00 REAL PROPERTY TAXES/CITY 6 50 6 50
01/27/2020 30882 Ada County Treasurer 1 ch 01-0413-29-00 REAL PROPERTY TAXES/CITY 7 00 7 00
Total 30882 13 50
30883
01/27/2020 30883 Advanced Heating&Cooling 1 ch 13-0413-29-03 MECHANICAL FEE REFUND 60 00 60 00
Total 30883 60 00
City of Eagle Check Register-Transparency Version Page 2
Check Issue Dates.1/15/2020-1/27/2020 Jan 27,2020 01.46PM
.....,......_..............._...... . . ..............,...........,........,..,....,...„ ...._................. .
Check Check Invoice Invoice Invoice GL Invoice Check
Issue Date Number Payee Sequence GL Account Account Title Amount Amount
•., •.„.......................•.....,...............,...._....
30884
01/27/2020 30884 All Valley Fire Inspections&Svcs 1 ch 23-0442-01-00 BLDG MAINTENANE&REPAIR 265 00 265 00
Total 30884 265.00
30885
01!27!2020 30885 Alsco 1 ch 23-0442-03-00 CUSTODIAL SERVICES 68.94 68 94
01/27/2020 30885 Alsco 1 ch 23-0457-03-00 CUSTODIAL SERVICES 58 85 58 85
Total 30885 127.79
30886
01/27/2020 30886 Aspen Apartments,LLC 1 ch 23-0440-00-00 SHOP LEASE 1,932 34 1,932 34
01/27/2020 30686 Aspen Apartments,LLC 2 ch 60-0434-50-00 SHOP LEASE 875 00 875 00
Total 30886. 2,807 34
30887
01/27/2020 30887 Aubrie Levi 1 ch 17-0416-00-00 CONTRACT-PERMITS-CAMPS/CLASS 126.00 126 00
01/27/2020 30887 Aubne Levi 1 ch 17-0416-00-00 CONTRACT-PERMITS-CAMPS/CLASS 64 23 64.23
Total 30887 190 23
30888
01/27/2020 30888 Boise Office Equipment 1 ch 18-0416-01-00 CONTRACT AND AGREEMENTS 31 96 31 96
01/27/2020 30888 Boise Office Equipment 1 ch 18-0416-01-00 CONTRACT AND AGREEMENTS 30 76 30 76
01/27/2020 30868 Boise Office Equipment 1 ch 18-0416-01-00 CONTRACT AND AGREEMENTS 94 92 94 92
01/27/2020 30888 Boise Office Equipment 1 ch 18-0416-01-00 CONTRACT AND AGREEMENTS 83 98 83 98
01/27/2020 30888 Boise Office Equipment 1 ch 18-0416-01-00 CONTRACT AND AGREEMENTS 149 42 149 42
Total 30866 391.04
30889
01/27/2020 30889 Borton-Lakey Law Offices PLLC 1 ch 01-0416-02-00 CITY ATTORNEY 70 00 70.00
01/27/2020 30889 Borton-Lakey Law Offices PLLC 1 ch 01-0416-02-00 CITY ATTORNEY 14,835 00 14,835 00
01/27/2020 30869 Borton-Lakey Law Offices PLLC 2 ch 01-0413-33-00 ATTORNEY FEE-CHARGE DEVELOPE 70 00 70.00
01/27/2020 30889 Borton-LakeyLawOfficesPLLC 3 ch 60-0434-42-00 ENGINEERING SERVICES 122 50 122 50
01/27/2020 30889 Borton-Lakey Law Offices PLLC 4 ch 01-0416-02-02 LITIGATION ATTORNEYS FEES 385 00 385.00
01/27/2020 30889 Borton-Lakey Law Offices PLLC 5 ch 01-0416-02-01 PARK/REC ATTORNEYS FEES 227 50 227 50
Total 30889 15,710.00
30890
01/27/2020 30890 Christine Heimbigner 1 ch 18-0413-04-00 TRAVEL AND PER DIEM 165 00 165 00
Total 30890: 165.00
30891
01/27/2020 30891 CNA Surety 1 ch 12-0413-14-00 PROFESSIONAL DUES 60 00 60 00
Total 30891' 60 00
30892
01/27/2020 30892 Co-Energy 1 ch 23-0417-02-00 GAS AND OIL 224 90 224 90
01/27/2020 30892 Co-Energy 2 ch 17-0424-03-00 GAS 128.74 128.74
01/27/2020 30892 Co-Energy 3 ch 60-0420-01-00 FUEL&LUBRICANTS 253 69 253.69
01/27/2020 30892 Co-Energy 4 ch 20-0426-00-00 GAS/OIL 129 53 129 53
City of Eagle Check Register-Transparency Version Page. 3
Check Issue Dates 1/15/2020-1/27/2020 Jan 27,2020 01.46PM
,•
Check Check Invoice Invoice Invoice GL Invoice Check
Issue Date Number Payee Sequence GL Account Account Title Amount Amount
• .
01/27/2020 30892 Co-Energy 7 ch 23-0417-02-00 GAS AND OIL 246 62 246.62
01/27/2020 30892 Co-Energy 2 ch 13-0417-02-00 FUEL COSTS 28 64 28 64
01!27/2020 30892 Co-Energy 3 ch 60-0420-01-00 FUEL&LUBRICANTS 144 27 144 27
Total 30892 1,156 39
30893
01/2712020 30893 Core&Main LP 1 ch 80-0438-08-00 CAPITAL METER SETS(NEW CUSS 1,391 93 1,391 93
Total 30893 1391 93
30894
01!27/2020 30894 Craig Ezekiel Brasher 1 ch 01-0413-02-00 DESIGN REVIEW BRD COMPENSATIO 100.00 10000
Total 30894 100.00
30895
01/27/2020 30895 CTC Business 1 ch 18-0417-01-00 INTERNET&PHONE SERVICES 399.84 399 84
Total 30895 399 84
50896
01/27/2020 30896 Dave or Ileen Russel 1 ch 99-0107-00-00 CASH CLEARING-UTILITY BILLING 7 07 7.07
Total 30896. 7 07
30897
01/27/2020 30897 David&Cynthia Messing 1 ch 60-0220-00-00 WATER/SERVICE DEPOSITS 53 52 53 52
Total 30897 53 52
30898
01/27/2020 30898 David Duperault 1 ch 01-0413-02-00 DESIGN REVIEW BRD COMPENSATIO 100 00 100.00
Total 30898 100 00
30899
01/27/2020 30899 Derek T Smith 1 ch 01-0413-01-00 PAZ COMMISSIONERS COMPENSATI 70 00 70 00
Total 30899. 70.00
30900
01/27/2020 30900 Diane McLaughlin 1 ch 01-0413-01-00 P&Z COMMISSIONERS COMPENSATI 70 00 70 00
Total 30900. 70 00
30901
01/27/2020 30901 Ditch witch of the Rockies 1 ch 20-0423-03-00 TOOLS 695 44 695 44
Total 30901 695 44
30902
01/27/2020 30902 Dunkley Music 1 ch 19-0465-04-00 EAGLE LANDING 150 00 150 00
Total 30902. 150 00
4_
. .„.. .
City of Eagle Check Register-Transparency Version Page 4
Check Issue Dates:1/15!2020-1/27/2020 Jan 27,2020 01.46PM
Check Check Invoice Invoice Invoice GL Invoice Check
Issue Date Number Payee Sequence GL Account Account Title Amount Amount
30903
01127/2020 30903 Eagle Chamber Of Commerce 1 ch I 1-0422-01-00 COMMUNITY RELATIONS 15 00 15 00
01/27/2020 30903 Eagle Chamber Of Commerce 1 ch 11-0422-01-00 COMMUNITY RELATIONS 30 00 30 00
Total 30903 45 00
30904
01/27/2020 30904 Eagle Urban Renewal Agency 1 ch 01-0416-35-00 ADMINISTRATIVE RESERVE 440 53 440.53
Total 30904: 440.53
30905
01/27/2020 30905 Ellen Smith 1 ch 12-0413-13-00 TRAVEL&PER DIEM 165.00 185 00
Total 30905. 165.00
30906
01/27/2020 30906 EPSCO 1 ch 19-0465-04-00 EAGLE LANDING 392 00 392 00
Total 30906: 392.00
30907
01!27/2020 30907 Fred Fritchman 1 ch 19-0465-04-00 EAGLE LANDING 1,000.00 1,000 00
Total 30907' 1,000 00
30908
01!27/2020 30908 Golf Your Way,Inc 1 ch 01-0321-10-00 ALCOHOLIC BEVERAGE LICENSES 266.68 266.68
Total 30908 266.68
30909
01/27/2020 30909 Grainger-Dept 868555954 1 ch 19-0465-04-00 EAGLE LANDING 314 46 314.46
Total 30909 314.46
30910
01/27/2020 30910 Greg Foley 1 ch 60-0420-01-00 FUEL&LUBRICANTS 28.29 28 29
Total 30910 28.29
30911
01/27/2020 30911 HECO Engineers 1 ch 19-0466-05-00 EAGLE RD PED/BIKE BRIDGE 382 75 382 75
01/27/2020 30911 HECO Engineers 2 ch 19-0466-OS-00 PALMETTO STREET EXTENSION 527 00 527 00
01/27/2020 30911 HECO Engineers 1 ch 08-0438-37-00 CAPITAL IMPROVEMENTS 116.25 116 25
01/27/2020 30911 RECO Engineers 1 ch 01-0416-07-04 PARK/REC ENGINEERING FEES 3,379.16 3,379.16
01/27/2020 30911 HECO Engineers 1 ch 01-0413-31-00 ENGINEERING FEE/DEVELOPER CHG 725 57 725.57
01/27/2020 30911 HECO Engineers 2 ch 60-0438-02-0o RESERVE,WATER SYSTEM R&M 1,760 07 1,760 07
01/27/2020 30911 HECO Engineers 3 ch 60-0434-42-00 ENGINEERING SERVICES 201.00 201 00
01/27/2020 30911 RECO Engineers 1 ch 60-0438-05-01 Lanewood-Horseshoe Bnd2-Hwy44 4,580 00 4,580 00
01/2712020 30911 HECO Engineers 1 ch 60-0438-05-01 Lanewood-Horseshoe Bnd2-Hwy44 6,534 00 6,534 00
Total 30911 16,205 80
30912
01/27/2020 30912 Idaho Correctional Industries 1 ch 19-0465-04-00 EAGLE LANDING 499 00 499 00
•. • •....,..„_,....._,...........\......................f.,
...•...„.•.•...•.•.•.•••......„,••,..,,...•..••...•,_.........•..„•.„•_.•.....,•,..•...„,....... ,„....
City of Eagle Check Register-Transparency Version Page' 5
Check Issue Dates 1/15/2020-1/27/2020 Jan 27,2020 01•46PM
..,.,.._....,..........,.....„.„,.,,,,...,...... . ,.
___.........•...._..•,.............,........,............_•,....._,.....,..,..,.•......._ . .
Check Check Invoice Invoice Invoice GL Invoice Check
Issue Date Number Payee Sequence GL Account Account Title Amount Amount
.•.•••.•...„.............___........,..._•„,....,...._ ... .. .......
,.,..,.,........,___________...•..•..
Total 30912 499 00
30913
01!27/2020 30913 Idaho Power Co-Processing Ctr 1 ch 23-0455-04-00 UTILITIES 13 77 13 77
01/27/2020 30913 Idaho Power Co-Processing Ctr 1 ch 23-0454-04-00 UTILITIES 5.19 5.19
01/27/2020 30913 Idaho Power Co-Processing Ctr 1 ch 23-0455-04-00 UTILITIES 9 92 9 92
01/27/2020 30913 Idaho Power Co-Processing Ctr 1 ch 60-0434-60-00 POWER 881 17 881 17
01!27/2020 30913 Idaho Power Co-Processing Ctr 1 ch 60-0434-60-00 POWER 392 95 392 95
01/27/2020 30913 Idaho Power Co-Processing Ctr 1 ch 23-0449-04-00 UTILITIES 355 29 355 29
07/27/2020 30913 Idaho Power Co-Processing Ctr 1 ch 23-0441-02-00 UTILITIES 48 90 48 90
01/27/2020 30913 Idaho Power Co-Processing Ctr 1 ch 23-0455-04-00 UTILITIES 7 83 7 83
01/27/2020 30913 Idaho Power Co-Processing Ctr 1 ch 23-0457-04-00 UTILITIES 261 56 261 56
01f27/2020 30913 Idaho Power Co-Processing Ctr 1 ch 60-0434-60-00 POWER 217 20 217 20
01/2712020 30913 Idaho Power Co-Processing Ctr 1 ch 60-0434-60-00 POWER 768.03 768 03
01127/2020 30913 Idaho Power Co.-Processing Ctr 1 ch 23-0455-04-00 UTILITIES 55 68 55 68
01/27/2020 30913 Idaho Power Co-Processing Ctr 1 ch 23-0441-02-00 UTILITIES 1,891 90 1,891 90
01/27/2020 30913 Idaho Power Co-Processing Ctr 2 ch 23-0450-04-00 UTILTIES 160 64 160 64
01!27/2020 30913 Idaho Power Co-Processing Ctr 3 ch 23-0449-04-00 UTILITIES 5 19 5 19
01/27/2020 30913 Idaho Power Co-Processing Ctr 4 ch 01-0413-16-00 UTILITIES CITY HALL 994 84 994.84
01/27/2020 30913 Idaho Power Co.-Processing Ctr 5 ch 23-0448-04-00 UTILITIES 17 88 17 88
01/27/2020 30913 Idaho Power Co-Processing Ctr 6 ch 23-0455-04-00 UTILITIES 12 65 12 65
01/27/2020 30913 Idaho Power Co-Processing Ctr 1 ch 23-0452-04-00 UTILITIES 180 99 180.99
01/27/2020 30913 Idaho Power Co-Processing Ctr 1 ch 23-0453-04-00 UTILITIES 97 23 97 23
01/27/2020 30913 Idaho Power Co-Processing Ctr 1 ch 23-0455-04-00 UTILITIES 5 41 5 41
01/27/2420 30913 Idaho Power Co-Processing Ctr 1 ch 23-0441-02-00 UTILITIES 5.19 5.19
01/27/2020 30913 Idaho Power Co-Processing Ctr 1 ch 23-0440-02-00 UTILTIES 83.36 83 36
01/27/2020 30913 Idaho Power Co-Processing Ctr 2 ch 60-0434-50-01 SHOP UTILITIES 41 67 41 67
01/2712020 30913 Idaho Power Co-Processing Ctr 1 ch 23-0441-02-00 UTILITIES 203 37 203 37
Total 30913 6,717 81
30914
01!27/2020 30914 Intermountain Gas Company 1 ch 23-0457-04-00 UTILITIES 92 08 92 08
01/27/2020 30914 Intermountain Gas Company 1 ch 23-0457-04-00 UTILITIES 56.25 56 25
01/27/2020 30914 Intermountain Gas Company 1 ch 01-0413-16-00 UTILITIES CITY HALL 712 42 712 42
01/27/2020 30914 Intermountain Gas Company 1 ch 23-0457-04-00 UTILITIES 118 93 718 93
01/27/2020 30914 Intermountain Gas Company 1 ch 60-0434-50-01 SHOP UTILITIES 100 95 700 95
01127!2020 30914 Intermountain Gas Company 2 ch 23-0440-02-00 UTILTIES 201 92 201 92
Total 30914. 1,282 55
30915
01/27/2020 30915 International Code Council Inc 1 ch 13-0413-28-00 RESOURCE MATERIALS 203 45 203 45
Total 30915 203.45
30916
01/27/2020 30916 Jenay Furman 1 ch 17-0416-00-00 CONTRACT-PERMITS-CAMPS/CLASS 120 00 120 00
01/27/2020 30916 Jenay Furman 1 ch 17-0416-00-00 CONTRACT-PERMITS-CAMPS/CLASS 120 00 120 00
Total 30916 240 00
30917
01/27/2020 30917 K&T Maintenance 1 ch 23-0457-03-00 CUSTODIAL SERVICES 340.00 340.00
01/27/2020 30917 K&T Maintenance 1 ch 23-0440-03-00 CUSTODIAL SERVICES 108 00 108 00
01/27/2020 30917 K&T Maintenance 2 ch 60-0434-50-01 SHOP UTILITIES 54.00 54 00
City of Eagle Check Register-Transparency Version Page 6
Check Issue Dates:1/15/2020-1/27/2020 Jan 27,2020 01 46PM
•. . . •.
Check Check Invoice Invoice Invoice GL Invoice Check
Issue Date Number Payee Sequence GL Account Account Title Amount Amount
01127/2020 30917 K&T Maintenance 3 ch 23-0442-03-00 CUSTODIAL SERVICES 1,277 54 1,277 54
01/27/2020 30917 K&T Maintenance 1 ch 23-0457-03-00 CUSTODIAL SERVICES 461 50 461 50
01/27/2020 30917 K&T Maintenance 1 ch 06-0464-05-00 CUSTODIAL 1,941 84 1,941.84
01/27/2020 30917 K&T Maintenance 1 ch 23-0443-03-00 CUSTODIAL SERVICES 1,080 00 1,080 00
Total 30917 5,262 88
30918
01/27/2020 30918 Lawrence or Robin Hazelton 1 ch 80-0220-00-00 WATER/SERVICE DEPOSITS 16 29 16 29
Total 30918 16 29
30919
01127/2020 30919 Lexisnexis Matthew Bender 1 ch 01-0413-28-00 RESOURCE MATERIALS 51.44 51 44
Total 30919 51 44
30920
01/27/2020 30920 Lisa Wiseman 1 ch 17-0416-00.00 CONTRACT-PERMITS-CAMPS/CLASS 60 00 60 00
Total 30920 60.00
30921
01/27/2020 30921 Louis Germano 1 ch 01-0413-02-00 DESIGN REVIEW BRD COMPENSATIO 100 00 100.00
Total 30921 100 00
30922
01/27/2020 30922 Meridian Plumbing Co t ch 13-0413-29-04 PLUMBING PERMIT REFUND 50 00 50 00
Total 30922 50 00
30923
01/27/2020 30923 Mountain States Roofing 1 ch 23-0442-01-00 BLDG MAINTENANE&REPAIR 250.00 250 00
Total 30923 250 00
30924
01/27/2020 30924 National Benefit Services,LLC 1 ch 14-0415-23-00 HRA BILLING 1,540 00 1,540 00
Total 30924 1,540 00
30925
01!27/2020 30925 PLDC Junior,LLC 1 ch 01-0203-01-01 BONDS DEPOSITS PAYABLE 21,000.00 21,000 00
Total 30925 21,000.00
30926
01/27/2020 30926 Portia or Layne Flynn 1 ch 99-0107-00-00 CASH CLEARING-UTILITY BILLING 5 16 5.16
Total 30926 5 16
30927
01127/2020 30927 Premier Signs,Inc 1 ch 14-0413-08-00 LEGAL ADS&PUBLICATIONS 300 00 300 00
Total 30927 300 00
,.,,.............n........•......, ..•....,,a,......,..........•.... .., .,..•
City of Eagle Check Register-Transparency Version Page 7
Check Issue Dates 1/15/2020-1/27/2020 Jan 27,2020 01 46PM
....„.____ __. ,..,_,„...„,..,..,„_...,„.,_.....,_, .
„.........._..,.....„........,„...,
„...,_.,...............,...,......,.. ..,..•,.................. ...
Check Check Invoice Invoice Invoice GL Invoice Check
Issue Date Number Payee Sequence GL Account Account Title Amount Amount
30928
01/27/2020 30928 Purchase Power 1 ch 01-0413-07-00 POSTAGE 1,46245 1,462.45
Total 30928 1,462 45
30929
01/27/2020 30929 Pure Love Sustainability,LLC 1 ch 17-0416-00-00 CONTRACT-PERMITS-CAMPS/CLASS 50 40 50 40
Total 30929 50 40
30930
01/27/2020 30930 Regence Blueshield of Idaho 1 ch 14-0217-07-00 P&Z DEPT HEALTH INSURANCE 7,212 37 7,212 37
01/27/2020 30930 Regence Blueshield of Idaho 2 ch 12-0217-07-00 CLERK DEPT HEALTH INSURANCE 5,021.54 5,021 54
01/27/2020 30930 Regence Blueshield of Idaho 3 ch 60-0217-07-00 WATER DEPT HEALTH INSURANCE 2,779 67 2,779 67
01/27/2020 30930 Regence Blueshield of Idaho 4 ch 06-0217-07-00 LIBRARY HEALTH INSURANCE 214.38 214 36
01/27/2020 30930 Regence Blueshield of Idaho 5 ch 17-0217-07-00 HEALTH INSURANCE 1,638.65 1,638 65
01/27/2020 30930 Regence Blueshield of Idaho 6 ch 20-0217-07-00 HEALTH INSURANCE 1,366 65 1,366.65
01/27/2020 30830 Regence Blueshield of Idaho 7 ch 11-0217-07-00 EXEC DEPT HEALTH INSURANCE 298 78 298 78
01/27/2020 30930 Regence Blueshield of Idaho 8 ch 13-0217-07-00 BLDG DEPT HEALTH INSURANCE 2,702 82 2,702 82
01/27/2020 30930 Regence Blueshield of Idaho 9 ch 26-0217-07-00 HEALTH INSURANCE 535 08 535 08
01/27/2020 30930 Regence Blueshield of Idaho 10 ch 16-0217-07-00 HEALTH INSURANCE 3,241.56 3,241 56
01/27/2020 30930 Regence Blueshield of Idaho 11 ch 23-0217-07-00 HEALTH INSURANCE 2,835 99 2,835 99
01/27/2020 30930 Regence Blueshield of Idaho 12 ch 07-0217-07-00 MUSEUM HEALTH INSURANCE 449 40 449 40
Total 30930. 28,296 87
30931
01/27!2020 30931 Republic Services#884 1 ch 01-0413-16-00 UTILITIES CITY HALL 187 71 187 71
01/27/2020 30931 Republic Services#884 1 ch 23-0449-04-00 UTILITIES 243 50 243 50
01/27/2020 30931 Republic Services#884 2 ch 23-0452-04-00 UTILITIES 243 50 243 50
01/27/2020 30931 Republic Services#884 1 ch 01-0425-01-00 REPUBLIC SERVICES ADD PROGRAM 23.49 23.49
01/27/2020 30931 Republic Services#884 1 ch 23-0454-04-00 UTILITIES 205 54 205.54
01/27/2020 30931 Republic Services#884 1 ch 01-0425-01-00 REPUBLIC SERVICES ADD PROGRAM 128 93 128 93
01/27/2020 30931 Republic Services#884 1 ch 07-0462-52-00 MUSEUM UTILITIES 75 44 75 44
Total 30931 1,108.11
30932
01!27/2020 30932 Robert Grubb 1 ch 01-0413-02-00 DESIGN REVIEW BRD COMPENSATIO 50 00 50 00
Total 30932 50 00
30933
01127/2020 30933 Shred-it-USA 1 ch 07-0462-36-00 MUSEUM SHRED-IT 119 86 119 86
01/27/2020 30933 Shred-it-USA 2 ch 01-0413-OS-00 OFFICE EXPENSES 128.25 128.25
Total 30933; 248 11
30934
01/27/2020 30934 SPF-Specialty Plastics&Fab,Inc. 1 ch 60-0434-59-00 CHEMICALS 47 23 47 23
Total 30934 47 23
30935
01!27/2020 30935 Steve Guerber 1 ch 01-0413-01-00 P&Z COMMISSIONERS COMPENSATI 70 00 70 00
„„,.,,„.„.,..,,,....„„.....„„„,.,... . .,...„......,..,..,•,„,„,..• , „:„.4.,. ..__......•,....•,.,..•.•,......._......._.....•
City of Eagle Check Register-Transparency Version Page' 8
Check Issue Dates 1/15/2020-1/27/2020 Jan 27,2020 01 46PM
,,.,,„,., ...•.........,_.,,,.,,_,„..,...,., ,.,„•,.,,,.•.. ,,.,,,,„ , ..,_._•.•.„.,
Check Check Invoice Invoice Invoice GL Invoice Check
Issue Date Number Payee Sequence GL Account Account Title Amount Amount
..... . .......
..••... .....•...•••••• ...
Total 30935 70 00
30936
01/27/2020 30936 Superior Water&Air 1 ch 13-0413-29-03 MECHANICAL FEE REFUND 70 00 70 00
01/27/2020 30936 Superior Water&Air 2 ch 13-0413-29-04 PLUMBING PERMIT REFUND 60 00 60 00
Total 30936 130 00
30937
01/27/2020 30937 Tala Davis 1 ch 17-0416-00-00 CONTRACT-PERMITS-CAMPS/CLASS 60 00 60 00
01/27/2020 30937 Tala Davis t ch 17-0416-00-00 CONTRACT-PERMITS-CAMPS/CLASS 120.00 120.00
Total 30937: 180 00
30938
01/27/2020 30938 Talena Baer 1 ch 01-0413-02-00 DESIGN REVIEW BRD COMPENSATIO 50 00 50 00
Total 30938. 50 00
30939
01/27/2020 30939 Terry L Sayer 1 ch 01-0413-02-00 DESIGN REVIEW BRD COMPENSATIO 100 00 100 00
Total 30939 100.00
30940
01/27/2020 30940 Theresa Johnson 1 ch 01-0413-01-00 P&Z COMMISSIONERS COMPENSATI 70 00 70 00
Total 30940'
70.00
30941
01/27/2020 30941 Trent J.Koci 1 ch 01-0413-02-00 DESIGN REVIEW BRD COMPENSATIO 100.00 100 00
Total 30941
100.00
30942
01/27/2020 30942 Trent Wright 1 ch 01-0413-01-00 P&Z COMMISSIONERS COMPENSATI 70.00 70 00
Total 30942.
70 00
30943
01/27/2020 30943 United Heritage-Group Dept 1 ch 07-0217-07-00 MUSEUM HEALTH INSURANCE 28 45 2845
01/27/2020 30943 United Heritage-Group Dept 2 ch 60-0217-07-00 WATER DEPT HEALTH INSURANCE 155 13 155.13
01/27/2020 30943 United Heritage-Group Dept. 3 ch 13-0217-07-00 BLDG DEPT HEALTH INSURANCE 144.85 144 85
01/27/2020 30943 United Heritage-Group Dept. 4 ch 14-0217-07-00 P&Z DEPT HEALTH INSURANCE 280 60 280.60
01/27/2020 30943 United Heritage-Group Dept. 5 ch 09-0217-07-00 HEALTH INSURANCE 8.50 8 50
01/27/2020 30943 United Heritage-Group Dept. 6 ch 20-0217-07-00 HEALTH INSURANCE 60 68 60.68
01/27/2020 30943 United Heritage-Group Dept 7 ch 18-0217-07-00 HEALTH INSURANCE 116 98 116 98
01/27/2020 30943 United Heritage-Group Dept 8 ch 12-0217-07-00 CLERK DEPT HEALTH INSURANCE 186 53 186 53
01/27/2020 30943 United Heritage-Group Dept 9 ch 06-0217-07-00 LIBRARY HEALTH INSURANCE 125 63 125 63
01/27/2020 30943 United Heritage-Group Dept 10 ch 11-0217-07-00 EXEC DEPT HEALTH INSURANCE 28.18 28.18
01/27/2020 30943 United Heritage-Group Dept 11 ch 26-0217-07-00 HEALTH INSURANCE 53 83 53 83
01/27/2020 30943 United Heritage-Group Dept 12 ch 17-0217-07-00 HEALTH INSURANCE 116 10 116 10
01/27/2020 30943 United Heritage-Group Dept. 13 ch 23-0217-07-00 HEALTH INSURANCE 154.46 154.46
Total 30943
1,459 92
City of Eagle Check Register-Transparency Version Page. 9
Check Issue Dates:1/15/2020-1/27/2020 Jan 27,2020 01 46PM
•
•
Check Check Invoice Invoice Invoice GL Invoice Check
Issue Date Number Payee Sequence GL Account Account Title Amount Amount
30944
01/27/2020 30944 United Site Services 1 ch 09-0467-03-00 CHRISTMAS MARKET 357 00 357 00
Total 30944 357 00
30945
01/27!2020 30945 Waxie Sanitary Supply 1 ch 23-0414-OS-00 PAPER PRODUCTS 169 46 169.46
01/27/2020 30945 Waxie Sanitary Supply 1 ch 23-0414-05-00 PAPER PRODUCTS 341 74 341 74
Total 30945 511 20
30946
01/27/2020 30946 Zions Bank 1 ch 54-0480-82-00 INTEREST BOND PAYMENT 14,497 34 14,497 34
Total 30946 14,497 34
Grand Totals 139,514.89
Dated
. .•
Mayor
City Council
,„
..,.,.•„.
. .
..„
Report Criteria
Report type GL detail
Bank Bank account="82007705"
/1"--‘g"
TO:City of Eagle
Re:Violations of City Ordinance 4-9-3 Public Ordinance Noise Prohibited
4-9-3:PUBLIC DISTURBANCE NOISE PROHIBITED: a Lid
A. Between the hours often o'clock(10:00) P.M.one day and seven o'clock(7:00)A.M.the next day, it
shall be unlawful for any person or business to make or cause loud or offensive noise by means of
voice,musical instrument, horn, radio, loudspeaker,automobile, machinery,other sound amplifying
equipment,or any other means which disturbs the peace,quiet,and comfort of any reasonable
person of normal sensitiveness residing in the area. Loud or offensive noise is that which is plainly
audible within any residence or business other than the source of the sound,or upon a public right
of way or street at a distance of one hundred feet(100')or more from the source of such sound.
B. Due to extreme heat during the summer months of June,July and August construction noise may
begin at six o'clock(6:00)A.M.
C. Due to extreme heat during the summer months of June,July and August landscape maintenance
noise may begin at six o'clock(6:00)A.M. (Ord.457, 9-9-2003)
I would like to point out to the City Council that ESI Construction is and has been indirect violation of
City Ordinance 4-9-3 Sections A, B,and C. It is abundantly clear that the ordinance never intended to
allow work outside of the hours listed in Sections A, B,and C.You also have in front of you
comments,pictures,and videos taken of such violations.Apparently ESI does not understand the
phrase, "any other means"i.e. bright and blinking lights out side of the mentioned hours allowed by
the ordinance. Since we have already made the City aware of these violations,we ask that work be
suspended until ESI can figure out how to better adjust their work schedule to keep all work with-in
the times listed in Sections A, B,and C.
We would also ask the City to revisit the times set In the ordinance to reflect permissible hours of
construction to be from 7 AM to 8 PM year-round and no work on Sunday, thereby allowing any,
"reasonable person of normal sensitiveness residing in the area",which would include people who
have to go to sleep earlier due to having to wake up earlier for work,or not to disturb children who
need their sleep in order to get their required sleep to maintain good health.
In the document you just received you will find public comments from those affected by ESI's failure to
comply with the ordinance,comments are listed past to most recent. Please refer to the last item on
this list,where you will find a link to the video showing one of the most recent violations.
1
First of all, it makes no sense that a machine would flash lights when it is fully powered down. Especially
on a cold night where you'll eventually have to deal with battery issues. Unless, I suppose,you're prone
to losing it in the dark.
Second,they parked them all by the fence tonight. I know there's nothing we can really do. It's just the
blatant,forced nature of their disruptions that's upsetting.
https://www.facebook.corn/darby.harris.31/videos/10220627046 49899/
I was really disappointed tonight to see that they parked on the fence line right behind our houses. I
don't believe they want to be cooperative.
I know all of you are sick of hearing the construction complaints, but I have another complaint and a
question.The flashing yellow lights all night long are killing me. I am not getting any sleep from the
flashing yellow lights C5.3 anyone else having this issue??
They were working at 6 am when they turned the spotlight on.That's not in violation of starting work
before 7 am?
the flashing lights are from generators or something all night long.They are yellow lights that blink all
night long.The issue tonight with fire trucks was separate. I smelled the smoke burning when I was
coming home.
Yes, we heard the sirens and my husband said she saw smoke from the white trailer that sits up front.
The firetrucks were inside the property tonight. Ugh,so sorry you are dealing with this and it's effecting
your sleep.
I don't understand why they have to have blinking lights on whatever they are doing all night? Makes
no sense to us?
Maybe you could also ask him why the bright lights this morning at 6 am.
2
I just spoke with the supervisor at ESI.The construction company doing work for the sewer line is no
longer working on Old Valley Road,only ESI,the apartment construction company is working on the
water line.Old Valley should be black topped and open in two weeks
So,does that mean the continual barrage of dump/sand gravel trucks currently coming through our
neighborhood are relatedto the apartment project?If so,J thought Linder rd.would be used for all
apartment project construction and not our neighborhood?
Looking forward to getting the other entrance back-another accident last night about 6:30pm on State
right in front of River Creek Street. I saw 3 cars pretty crunched!
I feel that everything was done to try to get along with the developers and to play nice. I don't think we
are being too aggressive imo we need to get lawyers more involved.This isn't just going to have an
impact on all of us on the border of the development,it will eventually have an impact on everyone's
property value. I agree that if they don't stick to their part of the agreement now,what else are they
going to do?Those buildings are massive and I would bet they are over the height limit of 38 ft I believe?
Plus,they built the foundations up 5 feet or so?They are developers and don't care about our
neighborhood or city traffic,school,overcrowding issues,they care about money.
Absolutely, I don't know a friendlier way to go abouttrying to form a working neighborly relationship.
We invited them into our home,sat around our dining room. Discussions we had and a contract was
made.They have blatantly disregarded that agreement,they have no intention of working with us,only
to build as they please. It's unfortunate that the city isn't stepping in to hold them accountable.
I know everyone worked very hard and trusted them.They obviously took advantage of the kindness
that was shown in regard to working with them. 1 believe they had no intention of honoring anything
and we will see how much more they deliberately go against that agreement. Unfortunately, people
don't think the same as we do on keeping their word.They won't do the same as we would for them.
I recently reviewed some audio recordings that I took at a City Council meeting that reviewed the
building plans on May 10,2018.While that meeting spoke mostly about trash compactors,colors and
materials,there was also deliberation on trees and hunter accommodations. Interestingly enough, I was
able to capture some discussion among our residents present where we talked about inferences in
documents about building heights, locations of taller vs.shorter buildings,and easements following
relocation of parking.Apparently,there was formal discussion and plans drawn prior to this May 10,
2018 council meeting that spoke to modifications in location of buildings according to height. Reference
3
was also made to continuation of discussions of those modifications in an upcoming June 2018 council
meeting. Does anyone have plans and recording of any of these referenced items to assist with the
history of agreements?We need to bring these out in any legal action before they continue with their
physical structure completion along the east side of our property lines.
Since 6:30 pm on Tuesday evening,this big piece of equipment has been in place about 50ft from our
back-yard fence line.All four lights have been shining bright and it is not running so I imagine the
batteries will wear down soon. Police were called at 7:30 with hope that someone will come out.The
lights are lighting up our entire backyard and back windows. No construction employees seem to be
around. Retribution for calling the police on Sunday night or simple forgetfulness?BTW, no police ever
came out on Sunday and no one from the police has contacted me about the Sunday evening event.
<sigh>It would be funny if it weren't so irritating.
https:[f www.facebook.com f 6uke.mark.56232/videos/423952908320205(
...., I contacted Ada County Sheriff's dispatcher regarding your call on Sunday evening to inquire why the
Eagle PD didn't respond to your call Theirrecords show that you contacted them at 8:47 PM regarding
a disturbance at the construction site.Eagle Police responded at 8:51 PM and made contact with the
people who were making the disturbance.They told the Eagle police that they were looking for their lost
dog.One of the persons is a worker-at the construction site.The dispatcher also told me that when you
call,you should request a follow-up call from the responding Officer.Some Officers do this without a
request, but some do not.Thank you for reporting this incident.
Sunday night 8:45 pm. October 20.Just reported to Eagle police on non-emergency line that a suspicious
truck/vehicle with lights on is in the construction lot.Two or more people whistling loudly and yelling
back and forth. I believe they saw me calling from my back yard and they focused their vehicle lights on
my back yard for a few minutes and sounded like they were yelling at me though I couldn't make it out.
They drive off out the east exit to Linder. Did anyone else see or hear anything?
Hi Rene,Just heads up that the detour sign if front of 128 s. Baxter way blew over in the storm yesterday
and the corner of the sign implanted itself into the grass on the common area strip right about where
the irrigation line would be for the sprinkler there so if there's an issue with the common area sprinkler
leaking in front of 128 S Baxter way that may be the likely suspect..
fire watch at the apartments...Just spoke with Scot Buck,assistant Fire Marshall.The Fire Department
requires a "fire watch"on site from the time the workers leave until they return in the morning.This is
temporary until they have water on site He is meeting with ESI about another matter and he will bring
this to their attention. Has anyone seen someone out there all night?
tried to contact Middleton Mill yesterday...will try again today...
4
I am trying to find out more about the "security service" and what the Fire Dept. requires. I have not
been able to reach anyone with the correct information, but I will. In the meantime, if we want to get
any cooperation from the police dept. we need to call immediately when we notice a violation. Any type
of work or"security service" between the hours of 10 PM to 7:00 AM...Those that have sent me a
picture...thanks...more to follow..
Once again if you call the police you will have to be willing to sign a citation for disturbing your peace or
they will not even go on site to talk to them. If you're not willing to sign a citation they will only take it as
area information which means they will do absolutely nothing.
The following is from Detective Marlon McGowan, our liaison from Ada County Sheriff's office: In
regards to the construction noise--Eagle City Code (ECC)4-9-3A makes it a violation for machinery to
disturb the peace between 10 PM and 7 AM.Construction noise is allowed to start at 6 AM, but only in
June,July and August. ECC 4-9-5 allows any peace officer to issue citations on this code by their
observation of the violation without the need of a citizen signature. However, the report would have to
list the person who phoned in to get us out there initially, and they may need to testify in court that they
called us.
This was at 2:35 am, it woke me up. I should have called the police but they left.
6:40 AM, Monday, January 20, 2020. Pounding machinery, artificial lights, and -18 construction
workers moving feverishly in a planned and coordinated effort outside of legal hours.
https://www.facebook.com/Luke.mark.56232/videos/492452784803550/
They actually started at 6 AM. Hopefully, residents called Sheriffs Office to complain.
Saw their lights and minor noise begin at 6 AM but the machinery pounding began at 6:40 so I wanted to
get that recorded and posted for our lawyer. Glad to have other witnesses!
I have pics also if you need them, and I reported it to dispatch.
5
Items dealing with violations to the signed agreement between River Walk and Round House,formerly
known as Local Construct
1. Removal of tree that was to remain behind lot 2
2. Height of the trees along the fence line were to be a minimum of 12 ft
3. Construction/cement trucks going through River Walk
Items dealing with possible modifications made to the Development Agreement;were there changes
made to the original DA?
1. Placement of the 3-story buildings were to be placed along Linder Rd. not the western property
line.
2. Raising of the foundations increased the agreed height of the buildings.
Items dealing with current construction
1. Lights/noise from construction outside prescribed hours
2. Dust and dirt from construction
3. Water trucks not present
4. Constant shaking of homes
5. Dewatering of pond through River Walk property without permission
Items dealing with costs to homeowners
1. Cost of cleaning windows and HVAC
2. Cost of landscaping backyards
3. Cost of extending the height of existing fence line
4. Loss of property value
6
gig
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT Formatted:Underline,Font color:Red
I Formatted:Font color:Red
THIS EASEMENT AGREEMENT("Agreement")is made and entered into this_day of
, 2020 ("Effective Date"), by and between BB One, L.C., a Limited Liability
Company("Grantor"),and the City of Eagle,an Idaho municipal corporation,by and through its
Department of Parks and Recreation("Grantee"),whose current address is P.O.Box 1520,Eagle,
Idaho 83616.
1. BACKGROUND.
1.1 Grantor's Real Property. Grantor is the owner of that certain real property
located in the County of Ada, State of Idaho,more particularly depicted on Exhibit A, attached
hereto and made a part hereof,and commonly known as Channel Center Subdivision("Grantor's
Property").
1.2 Easement Real Property. Grantor and Grantee desire to establish a paved public
pathway and bridge across the north channel of the Boise River(the"Ped-Bike Bridge")through
and across a portion of Lot 1, Block 1 of Grantor's Property as more particularly described and
depicted in Exhibit B,attached hereto and made a part hereof("Easement Property"). Grantee
has requested Grantor to convey to Grantee a non-exclusive easement on the Easement Property
for the purposes described in Section 2.2 below.Grantee's Surveyor to clearly designate easement
area.
1.3 Purpose of Agreement. The purposes of this Agreement are (i)to describe the
easement granted, and(ii)to establish the relative rights and obligations of the parties regarding
the easement granted under this Agreement.
2. GRANT OF EASEMENT.
2.1 Grant. For value received, Grantor hereby GRANTS AND CONVEYS to
Grantee,and Grantee hereby accepts,.a temporary construction easement on,over and across theFormatted:Underline,Font color:Red f
Easement Property,as described in Exhibit B for the purposes described in Section 2.2 herein.
2.2 Purposes of Easement. Except as otherwise provided in this Agreement or as
otherwise permitted by Grantor, the easement conveyed hereby shall be used solely for the
following purposes:
(a) Temporary construction easement for the construction of a paved pathway _..--�{Formatted:Underline,Font color:Red
and bridge for non-motorized uses that shall be open for use by the City and
its contractor.
(b) Permanent maintenance and operation easement for trail will be surveyed
and agreed upon by the Grantor and Grantee upon completion of the
pathway construction. The easement will include a trail and the associated
improvements. The owner will not unreasonably delay or withhold the
easement.
PERMANENT EASEMENT AGREEMENT-1
K:\Planning Dept\Transportation\Eagle Road Ped-Bike Bridge\Greenbelt Easement-Channel Center 1-28-2020(v3).docx
(c) The public shall have the right of access to the grantors property only from
the future trail easement for non-motorized vehicle and pedestrian use.The City shall only
have motorized access for maintenance and operation of the trail and associated
improvements.
2.3 Use by Grantor. This Agreement does not extend to Grantee the right to use the
surface of the Easement Property to the exclusion of Grantor, and Grantee's rights under this
Agreement are subject to the rights of the Grantor and Grantor's guests, invitees, agents and
contractors to use and enjoy the surface of the Easement Property,provided the structural integrity
or uninhibited use by the public of the public pathway is not compromised by such activities.
2.4 Term of Easement. The term of this Agreement shall expire upon completion of
the Ped-Bike BridgebeTerpetual.
2.5 Construction and Installation. The construction of the public pathway on,over
and across the Easement Property shall be completed by Grantee. All costs and expenses related
to the design, construction,maintenance and repair of the public pathway,hereafter,shall be the
sole responsibility and obligation of,and shall be paid by,Grantee.
2.6 Maintenance. Grantee shall maintain the physical integrity of the public pathway
in good condition and repair and as required to satisfy all requirements of applicable laws, the
policies of Grantee and sound engineering practices.
2.7 Easement Obstructions. No fence or other barrier shall be erected or permitted
within or across the Easement Property which would prevent or obstruct the passage of pedestrian
or non-motorized vehicular travel; provided, however, that the foregoing shall not prohibit the
temporary erection of barricades which are reasonably necessary for security and/or safety
purposes in connection with the construction, reconstruction, repair and maintenance of
improvements, including the easement, on Grantor's Property, it being agreed by the parties,
however,that all such work shall be conducted in the most expeditious manner reasonably possible
to minimize the interference with the use of the easement by Grantor, and such work shall be
diligently prosecuted to completion.
3. COVENANTS AND AGREEMENTS OF GRANTOR.
3.1 Binding Effect. Grantor,on behalf of Grantor and the Grantor's heirs,successors,
assigns, purchasers, or transferee of any kind,covenants and agrees with Grantee and Grantee's
heirs, successors, assigns, purchasers, or transferee of any kind, that the provisions of this
Agreement(i)shall run with and bind the Easement Property,and(ii)shall inure to the benefit of,
and be enforceable(at law or in equity)by any owner of all or part of,the Easement Property.
3.2 Temporary License. In order to carry out the provisions of this Agreement,
Grantor further conveys to Grantee a temporary license to occupy a portion of the Grantor's
Property located adjacent to the Easement Property to the extent such occupation of Grantor's
Property is reasonably necessary for the purpose of constructing or improving the public pathway
or other improvements on the Easement Property. This license shall expire automatically and be
PERMANENT EASEMENT AGREEMENT-2
K:\Planning Dept\Transportation\Eagle Road Ped-Bike Bridge\Greenbelt Easement-Channel Center 1-28-2020(v3).docx
of no further force and effect six(6)months from the date of the Effective Date of this Agreement,
unless extended at the discretion of Grantor.
4. COVENANTS AND AGREEMENTS OF GRAN lEE.
4.1 Construction of Pathway. Grantee, on behalf of Grantee and Grantee's heirs,
successors,assigns,purchasers,or transferee of any kind,covenants and agrees with Grantor and
Grantor's heirs,successors,assigns,purchasers,or transferee of any kind that it shall construct a
paved public pathway across the Easement Property and operate and maintain said pathway in a
manner consistent with the purposes set forth in Section 2.2 of this Agreement and pursuant to the
rules,regulations and policies of the City of Eagle Department of Parks and Recreation.
4.2 Signs. Grantee shall be permitted to post such signage on and along said public
pathway as in its sole discretion deems appropriate and as are consistent with the rules,regulations
and policies of the City of Eagle Department of Parks and Recreation governing permitted uses
and hours of operation,if any,of the pathway. Any such signage shall include notification that
private property exists on either side of the public pathway and a warning that the public pathway
crosses a service road utilized by heavy machinery and/or large equipment.
5. INDENINIFICATION.
5.1 By Grantee. Grantee hereby agrees to protect, defend, indemnify and hold
harmless Grantor, Grantor's officers, employees, representatives and/or agents, and their
successors and assigns, for, from, and against any and all liabilities, costs and/or expenses
including, without limitation, reasonable attorneys' fees, in connection with damages, losses,
injuries, and/or death to persons which may be asserted against Grantor, Grantor's officers,
employees, representatives and/or agents, and their successors and assigns, arising out of or in
relation to the use of the easement by Grantee or the public, except to the extent(if any) such
liabilities, costs or expenses are caused by, arise out of, result from or relate to Grantor's own
negligence or intentional misconduct.
5.2 By Grantor. Grantor hereby agrees to protect, defend, indemnify and hold
harmless Grantee, Grantee's officers, employees, representatives and/or agents, and their
successors and assigns, for, from, and against any and all liabilities, costs and/or expenses
including, without limitation, reasonable attorneys' fees, in connection with damages, losses,
injuries, and/or death to persons which may be asserted against Grantee, Grantee's officers,
employees,representatives,and/or agents, and their successors and assigns, arising out of or in
relation to the use of the easement by Grantor,except to the extent(if any)such liabilities,costs
or expenses are caused by, arise out of, result from or relate to Grantee's own negligence or
intentional misconduct.
6. GENERAL PROVISIONS.
6.1 Attorney Fees and Costs. If a suit,action,or other proceeding arising out of or
related to this Agreement instituted by any party to this Agreement,the prevailing party shall be
entitled to recover its reasonable attorney fees, expert witness fees, and costs incurred in
PERMANENT EASEMENT AGREEMENT-3
K:1Planning Dept\TransportationTagle Road Ped-Bike Bridge\Greenbelt Easement-Channel Center 1-28-2020(v3).docx
o
prosecuting or defending any suit,action,or other proceeding,including any appeal thereof. This
section shall survive and remain enforceable notwithstanding any rescission of this Agreement or
a determination by a court of competent jurisdiction that all or any portion of the remainder of this
Agreement is void,illegal,or against public policy.
6.2 Governing Law,Jurisdiction,and Venue. Notwithstanding any claim or cause
of action, the liability of Grantee is at all times herein strictly limited and controlled by the
provisions of the Idaho Tort Claims Act,as now or hereinafter amended. Nothing herein shall be
deemed a waiver of any privilege,immunity,protection or defense afforded the City of Eagle as a
political subdivision of the State of Idaho,under the Idaho Constitution,the Idaho Tort Claims
Act,or any other applicable law. This Agreement shall be construed and interpreted in accordance
with the laws of the State of Idaho. The parties agree that the courts of Idaho shall have exclusive
jurisdiction and agree that Ada County is the proper venue.
6.3 Time of the Essence. Time is of the essence with respect to the obligations to be
performed under this Agreement.
6.4 Successors and Assigns. This Agreement,the permanent easement herein granted,
and the covenants and agreements herein contained shall inure to the benefit of and be binding
upon the parties hereto and their successors and assigns.
6.5 Recordation. This Agreement shall be recorded in the Official Real Property
Records of Ada County,Idaho.
6.6 Entire Agreement. All Exhibits to this Agreement constitute a part of this
Agreement. This Agreement, together with the accompanying Exhibits, constitutes the entire
agreement among the parties and supersedes all prior memoranda,correspondence,conversations
and negotiations.
IN WITNESS WHEREOF,the undersigned have duly executed this Agreement as of the
dates set forth below.
[signatures on next page]
PERMANENT EASEMENT AGREEMENT-4
K:ll'lanning Dept\TransportationTagle Road Ped-Bike Bridge\Greenbelt Easement-Channel Center 1-28-2020(v3).docx
GRANTOR:
BB One,L.C.
a Limited Liability Company
By:
Dennis M.Baker,Co-Manager
By:
Don Brandt,Co-Manager
GRANTEE:
CITY OF EAGLE,IDAHO
By:
Jason Peirce,Mayor
Al lEST:
Sharon K.Bergmann,City Clerk/Treasurer
PERMANENT EASEMENT AGREEMENT-5
K:ll'lanning Dept\TransportationTagle Road Ped-Bike Bridge\Greenbelt Easement-Channel Center 1-28-2020(v3).docx
STAIEOFIDAHO )
ss.
County of
On this day of ,2020,before me,the undersigned,a Notary Public
in and for said state,personally appeared Dennis M.Baker and Don Brandt,known or identified
to me to be the Manager of BB One,L.C. an Idaho Limited Liability Company,who subscribed
said company name to the foregoing instrument, and acknowledged to me that he executed the
within instrument on behalf of said non-profit corporation.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the
day and year first above written.
Notary Public for
Residing at: _
Commission Expires:
STAlE OF IDAHO )
ss.
County of Ada
On this day of ,2020,before me,the undersigned,a Notary Public
in and for the said state,personally appeared Jason Peirce,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 the City executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the
day and year first above written.
Notary Public for Idaho
Residing at:
Commission Expires:
PERMANENT EASEMENT AGREEMENT-6
K:\Planning Dept\TransportarionTagle Road Ped-Bike Bridge\Greenbelt Easement-Channel Center 1-28-2020(v3).docx
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EXHIBIT B
Description and Depiction of Easement Property
CHANNEL CENTER SUBDIVISION PEDESTRIAN EASEMENT DESCRIPTION
CHANNEL CENTER SUBDIVISION
City of Eagle,Idaho
An easement located in Channel Center Subdivision,in the NE 1/4 of Section 17,Township 4 North,
Range 1 East,Boise Meridian,Ada County,Idaho,as follows:
Commencing at the East 1/4 corner of said Section 17;thence N.00°55'46"E.689.90 feet,along the
east boundary of said Section 17;
thence N.52°21'19"W.68.62 feet to a point on the westerly right-of-way line of Eagle Road,said
described as the True Point of Beginning of the Channel Center Subdivision plat,as recorded in Book
73 on Page 7602 of the Ada County records;
thence N.00°55'46"E.31.2 feet along the westerly right-of-way line of Eagle Road,to a point being
the POINT OF BEGINNING;
thence N.00°55'46"E.159.4 feet to a point;
thence N.89°04'14"W.30.0 feet to a point;
thence S.00°55'46"W. 101.5 feet to a point;
thence S.37°38'41"W.28.5 feet to a point;
thence S.52°21'19"E.30 feet to POINT OF BEGINNING;containing 0.11 acres,more or less.
This description is based on information shown on the plat of Channel Center Subdivision,recorded in
Book 73 on Page 7602 of the records of Ada County.
soNAL EA,
4 \GENs yF_co
1• 4759°4;3
END OF THIS DESCRIPTION THAT CONTAINS 1 PAGE(S).
sr 3.71
"�°0
M.C P�
I:\CLIENTS\EG\EG 19-0051-General Engineering\04-Channel Sub Ped Bridge Legal\EG19-
o051_ChannelSubPedEase_Legal_1-3-202o.docx Page 1 of 1
EXHIBIT B—1
e
84:16
1 15'PEDESIRIAH EJ151ENT
PER CENTER CHANMEL SU80111SION PLAT
CDOER CHANNEL
SUBDIVISION �
12/1/1 x
0 PY
11 /1/S
ia
:k 0 P;,. ii ta•
,.< • 1 1 g
,„,-,,,, ,
, --
'10 j'11). 1 5
‘ R.
, 2 i
, ,, //
qt.,. /
a. , / EASEMENT
- )„,91. /-PaNT OF
BEGINNING
I
I DoT:0
J
PARCEL LINE TABLE
TRUE POINT OF �e� SEGMENT LENGTH BEARING
BEGINNING(CHANNEL CENTER �' L1 31.2' N00'S5'46"E
SUMMON) L2 30.0' N89'04'1 4"W
Pi L3 28.5' S37'38'41"W
I itt
E i COR.SEC»
40. � 80* �
PEDESTRIAN EASEMENT DESCRIPTION
H E C O CHANNEL CENTER SUBDMSION
EXHIBIT
ENGINEERS CITY OF EAGLE IDAHO
ptM 6Y:Y.PATIR IOIA.IS DAM 0 /2019
FILE LOCATION:G: CLIENTS EG EG19-0051 EG19-0051-CHANNEL SUB PED
EXHIBIT B—2