Minutes - 2009 - City Council - 09/22/2009 - Regular
EAGLE CITY COUNCIL
Minutes
September 22, 2009
PRE-COUNCIL AGENDA: 5:30 p.m. - 6:30 p.m.
A. Presentation bv Allied Waste: Dave Fisher, Allied Waste, distributes a handout, discusses
the survey done in Eagle on trash service and recycling" Provides Council a power point
presentation on recycling carts and discusses the same. General discussion.
B. RZ-19-06 MOD - Development A!!:reement Modification - M3 Companies. LLC.: M3
Companies, LLC, represented by Gerry Robbins, is requesting a modification to the
pre-annexationlrezone/development agreement for the M3 Eagle Development to include site
specific hillside and grading standards as required within the original development agreement.
The 6,005 acre site is generally located north of the Farmers Union Canal and Homer Road, east
of State Highway 16 and west of Willow Creek Road. This is a workshop no public testimony
will be taken at this meeting.
Planner Baird-Spencer provides Council an overview of the Development Agreement
Modification. General discussion.
Jerry Robins, M3, presents a power point presentation and discusses the same and further
provides Council an overview of the Development Agreement Modification. General discussion.
REGULAR COUNCIL AGENDA: 7:10 p.m.
1. CALL TO ORDER: Mayor Bandy calls the meeting to order at 6:40 p.m.
2. ROLL CALL: HUFFAKER, SHOUSHTARIAN, SEMANKO, JACKSON-HElM.
Semanko is absent. A quorum is present.
3. PLEDGE OF ALLEGIANCE: Jeff Lowe leads the Pledge of Allegiance.
4. PUBLIC COMMENT: Foad Roghani, 75 S. Roosevelt Road, expresses his feelings about
the FY 09/1 0 Budget. I don't feel good about the fact that you chose to raise taxes. I don't feel
the city did all that it could. Discusses the City insurance.
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 Against the City.
B. EXT-13-09 - Preliminary Plat Extension of Time for Ea!!:lefield Estates and
Ea!!:lefield Estates II Planned Unit Development - Ea!!:lefield. LLC:"
Eaglefield, LLC, represented by Clint Boyle, with Landmark Engineering and
Planning, is requesting a one (1) year extension of time for the preliminary plat
approval for Eaglefield Estates and Eaglefield Estates II Subdivision, a
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residential subdivision consisting of 403-lots (331-single family, 20-four-plex,
51-common and 1- public well lot). The 153.9-acre site is located on the west
side of North Linder Road approximate:ly 400-feet north of State Highway 44 at
341 and 499 North Linder Road. (WEV)
C. DR-20-06 MOD - Modification to the MuIti- Tenant Flex Space Office
Buildinl!: - Richard Mav: Richard May, represented by Jason Tomlinson with
Tomlinson Designs, is requesting design review approval to modify the exterior
building elevations of a multi-tenant flex office space building. The 0.68-acre
site is located on the west side of South Ancona Drive (Lot 4, Block 1, Ancona
Business Park) approximately two hundred feet south of State Highway 44 at
1079 S. Ancona Avenue. (WEV)
D. Minutes of AUl!:ust 25. 2009
E. Minutes of September 8. 2009
F. Open Container Permit: Brian McGill with Willowcreek Grill is requesting an
open container permit to be used on October 3, 2009 from noon until 9:00 p.m.
in the parking lot of Willowcreek Grill restaurant. The standard conditions of
approval shall apply. City of Eagle Police Department approval has been
received.
G. Appointment to the Industrial Development Corporation: The Mayor is
requesting the appointment of Jeanne Jackson-Heim, Cameron Arial and Dave
Dickey to the Corporation. Their terms will expire in December 2012.
Jackson- Heim removes Item #5B from the Consent Agenda.
Huffaker removes Item #5G from the Consent Agenda.
Shoushtarian removes Item #5D from the Consent Agenda.
Mayor I would entertain a motion to approve the remainder of the Consent Agenda.
So moved by Jackson- Heim. Seconded by Huffaker. Huffaker: AYE; Shoushtarian:
AYE; Jackson-Heim: AYE: ALL AYES: MOTION CARRIES..............
City Attorney Buxton: At this time I would ask that you amend the agenda pursuant to
Idaho Code 2343(4)(c) which allows you to amend the agenda to allow for an executive
session. What we need is an Executive Session to discuss pending litigation in regard to our
Water Right Application that is in front of the District Court.
So moved by Huffaker. Seconded by Jackson-Heim" ALL A YES: MOTION
CARRIES................. .
5B. EXT -13-09 - Preliminary Plat Extension of Time for Eal!:lefield Estates and Eal!:lefield
Estates II Planned Unit Development
Huffaker moves to continue Item #5B to the October 27, 2009 City Council meeting.
Seconded by Jackson-Heim. ALL AYES: MOTION CARRIES................
5D. Minutes of AUl!:ust 25. 2009.
Shoushtarian: I have a change on Page 6, Item #7M., line 3, should say "basically said I was not
okay...... .".
Shoushtarian moves to approve Item #5D. Seconded by Jackson-Heim. ALL AYES:
MOTION CARRIES.......
5G. Appointment to the Industrial Development Corporation.
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Huffaker: Maybe we could get an explanation of what the Industrial Development Corporation
is and I'm not familiar with Dave Dickey.
General discussion.
City Attorney Buxton provides an overview of how th~~ Industrial Development Corporation was
created, its functions and the appointments to the board. An example of the function of the
Corporation is that it initially was created at the reqm:st of Camille Beckman and was used for
the financing of the Camille Beckman facility in Eagle.
Huffaker moves to approve the Appointments to the Industrial Development Corporation.
Seconded by Shoushtarian. ALL AYES: MOTION CARRIES................
6. PROCLAMATIONS & RESOLUTIONS:
A. Resolution 09-20: A resolution for the City of Eagle to recover the actual labor costs
associated with locating and copying documents for public record requests that exceeds two (2)
person hours. (SEB) This item was continuedfrom the September 8, 2009 meeting.
Mayor introduces the issue.
General discussion.
Huffaker moves to approve Resolution No. 09-20. Seconded by Jackson-Heim. ALL
AYES: MOTION CARRIES............
B. Resolution 09-21 - Tax Anticipation Note (TAN): A Resolution Of The City Council Of The
City Of Eagle, Idaho, Authorizing The Issuance And Sale Of A Revenue Anticipation Note,
Series 2009, In The Principal Amount Of $375,000 For The Purpose Of Providing Funds In
Anticipation Of The Collection Of Taxes And The Receipt Of Other Revenues For The 2009-
2010 Fiscal Year; Providing For The Form, Issuance, And Redemption Of The Note; Creating A
Revenue Anticipation Note Redemption Fund And Providing For The Deposit Of Taxes And
Revenues Into The Redemption Fund For The Payment Of The Principal Of And Interest On The
Note; Providing For Related Terms And Covenants; And Providing An Effective Date.
B.l: Pavinl!: Al!:ent Al!:reement:
Mayor introduces the issue.
City Attorney Buxton provides an overview ofthe TAN. General discussion.
Huffaker moves to approve Resolution No. 09-21. Seconded by Jackson-Heim. Huffaker:
AYE: Shoushtarian: NAY: Jackson-Heim: AYE: MOTION CARRIES............
General discussion on the TAN and the Paying Agent Agreement.
Huffaker moves to approve Item #Bl and to instruct the Mayor to sign the Paying Agent
Agreement. Seconded by Jackson-Heim. Huffaker: AYE; Shoushtarian: NAY; Jackson-
Heim: AYE: MOTION CARRIES.............
7. UNFINISHED BUSINESS: NONE
8. PUBLIC HEARINGS:
A. RZ-09-07 MOD & PP-ll-07 MOD - Stillwater Business Park - Tri Cedars Manal!:ement
Co. LLC: Tri Cedars Management Co. LLC, represented by Scott Wonders, P.E, with Stanley
Consultants, is requesting a development agreement modification associated with the B-P-DA
(Business Park with a development agreement) zoning of the property and a modification of the
Stillwater Business Park preliminary plat to allow for a temporary access to State Highway 44.
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The 24.6-acre site is located approximately 1,300 feet west ofW. Ballantyne Road on the south
side ofW. State Street (SH 44) at 2505 W. State Street (SH 44). (WEV)
Mayor introduces the issue.
Ron Bath, representing Tri Cedars Management Co., displays overheads and provides Council an
overview of project. General discussion.
Planner Williams, displays overheads and provides Council an overview of the project. General
discussion.
Mayor opens the Public Hearing.
Bill Sali, representing the principal management, I have a letter that I have been requested to read
into the record. Reads a September 22,2009 letter into the record from Carol Swig providing
support. Provides an overview of the request for the Council. General discussion.
Miste Gardner, 405 Moraine Place, I own a small business here in Eagle, we all have stories
about how the economy has affected us. Discusses the iCOmmercial rental range and residential
rental. I make a percentage of received rents so when that falls it affects what I make. I am in
favor of this project and ask you to vote yes. I think this project will bring new jobs and new
industry and affect our economy here in Eagle.
Tracy Lotts, 1065 Winding Creek, founder and CEO of a local company, I would like to read you
a letter I wrote to Tri Cedars Management, reads the letter into the record.
Ron Bath, displays overheads and provides rebuttal on the access point at Ballantyne.
Mayor closes the Public Hearing.
General Council discussion.
Huffaker moves to approve the request for the Development Agreement Modification with
the following changes: That the changed language in 3.12 be adopted; that the suggested
changes in language in 3.13 be stricken; that the new paragraph 3.22 as proposed to us be
inserted with the language that was suggested tonight by Mr. Williams to clarify what the
applicants requirements are as far as the south side, completing the intersection of
Ballantyne Lane and that the temporary access with be extinguished at the time the north
side is completed. Seconded by Jackson-Heim. Discussion. Huffaker amends his motion:
My motion is to go with the Staff Recommendations with the exception of 3.22. Second
concurs. TWO AYES: SHOUSHTARIAN: NAY: MOTION CARRIES.................
9. NEW BUSINESS:
A. Senior Center Van A!!:reement FY 2009-2010: (SKB)
Mayor introduces the issue.
General discussion.
Jackson-Heim moves to authorize the Mayor to enter approve the Senior Center Van
Agreement FY 2009-2010. Seconded by Shoushtarian. Huffaker: AYE; Shoushtarian:
AYE; Jackson-Heim: AYE: ALL AYES: MOTION CARRIES..............
B. Idaho Humane Society Contract FY 2009-2010: (ME)
Mayor introduces the issue.
General discussion.
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Semanko joins the meeting by speaker phone.
Huffaker moves to authorize the Mayor to enter into the Service Agreement for Animal
Control Services between the City of Eagle and the Idaho Humane Society with the
changes as discussed in Paragraph 3(j) and to add that the Humane Society is not an
employee and that we have the mutual indemnification. Seconded by Shoushtarian.
Huffaker: AYE; Shoushtarian: AYE; Jackson-Heim: AYE: Semanko: AYE: ALL AYES:
MOTION CARRIES..............
C. Personal Computer & Network Support Ae:reement FY 2009-2010:. (SKB)
Mayor introduces the issue.
General discussion.
Shoushtarian moves to approve the Personal Computer & Network Support Agreement FY
2009-2010 with the changes suggested tonight. Seconded by Jackson-Heim. Huffaker:
AYE; Shoushtarian: AYE; Semanko: AYE; Jackson-Heim: AYE: ALL AYES: MOTION
CARRIES........... ...
D. Contract for Services Eae:le Saturdav Market. Christmas Market and Art Faire
Manae:er FY 2009-2010: (SKB)
Mayor introduces the issue.
General discussion.
Shoushtarian moves to approve the Contract for Services Eagle Saturday Market,
Christmas Market and Art Faire Manager FY 2009-2010 with the changes mentioned
tonight. Seconded by Jackson-Heim. Huffaker: AYE; Semanko: AYE; Shoushtarian:
AYE; Jackson-Heim: AYE: ALL AYES: MOTION CARRIES..............
E. Joint Powers Ae:reement between Ada County Sheriff's Office. the Ada County
Prosecutine: Attornev's Office and the City of Eae:le relatine: to law enforcement services
and prosecution services for FY 2009-2010. (SKB)
Mayor introduces the issue.
General discussion.
Huffaker moves to authorize the Mayor to enter into the Joint Powers Agreement between
Ada County Sheriff's Office, the Ada County Prose<:uting Attorney's Office and the City of
Eagle relating to law enforcement services and prosecution services for FY 2009-2010 and
to instruct the Mayor regarding Council's desire to continue the conversation with the
local police as to the possibility of moving into City Hall and have a discussion with the Ada
County Prosecuting Attorney's Office to see if they were interested in deferring the
payment to February 2010. Seconded by Jackson-Heim. Discussion. Huffaker: AYE;
Shoushtarian: AYE; Semanko: AYE; Jackson-Heim: AYE: ALL AYES: MOTION
CARRIES........... ...
F. FY 2011-2015 Transportation Improvement Proe:ram. FY 2011-2015 Five Year Work
Proe:ram. FY 2011-2015 State Transportation Improvement Proe:ram: (WEV)
Mayor introduces the issue.
Planner Lowe: this is the annual request to submit our request for the TIP. Discussion on the
proposed list.
General discussion.
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Shoushtarian moves to approve Item #9F with the changes that we made to the FY 2011-
2015 Community Project PedestrianIBike Prioritization: Put #1, #2 and #1 put construct,
upgrade and/or replace pedestrian improvements, sidewalks and bike lanes along both
sides of State Street from Eagle Road to Ballantyne. Seconded by Huffaker. Discussion.
ALL AYES: MOTION CARRIES.....................
Semanko did not vote on this item.
G. Discussion of landscape and park facility maintenance and snow removal for city owned
property for FY 2009-2010: (ME)
Mayor introduces the issue and provides details on the negotiations with Trautman on a contract
for 2009. I am suggesting to Council that we put this out to bid for proposal for a specific
amount and see what we get from Contractors.
Mayor introduces the issue.
General Council discussion.
Huffaker moves that the Mayor enter into a Contract with Trautman according to the
proposal that they gave us today for Oct. 1, 2009 - Sept. 30, 2010 for the services stated for
$140,000.00, the services stated on the front page and the Attachment "A" which lists out the
items that they will do and the items they are not including in the proposal. Seconded by
Shoushtarian. Discussion. Huffaker amends his motion to add: As part of the proposal
made by the Trautman they have also offered to delay their first payment until after our
revenues come in January; that we authorize Trautman to begin work right away on areas
of the City that need work and that we instruct staff to cooperate with Trautman in every
way possible to see if there is some way that the various price savings that we can get as a
city can be extended through us to them so we can realize some additional savings.
Seconded concurs. Discussion. Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE;
Jackson-Heim: NAY: THREE AYE; ONE NAY: MOTION CARRIES..............
H. Ordinance No. 633 - (Sprine:haven Subdivision): An Ordinance Annexing Certain Real
Property Situated In The Unincorporated Area Of Ada County, Idaho, And Contiguous To The
Corporate Limits Of The City Of Eagle, To The City Of Eagle, Idaho; Changing The Zoning
Classification Of Said Real Property Described Herein From Rut (Rural-Urban Transition) To R-
E-Da (Residential-Estates With A Development Agreement); Amending The Zoning Map Of The
City Of Eagle To Reflect Said Change; Directing That Copies Of This Ordinance Be Filed As
Provided By Law; And Providing An Effective Date. (WEV)
Mayor introduces the issue.
Huffaker moves, pursuant to Idaho Code, Section 50-902, that the rule requiring
Ordinances to be read on three different days with one reading to be in full be dispensed
with, and that Ordinance #633 be considered after being read once by title only. Huffaker
reads Ordinance #633 by title only. Seconded by Jackson-Heim. ALL AYES: MOTION
CARRIES.............. ...
Huffaker moves that Ordinance #633 be adopted. Seconded by Jackson-Heim.
Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE; Jackson-Heim: AYE; ALL AYES:
MOTION CARRIES...................................
I. FP-06-08 - Final Plat for Sprine:haven Subdivision - Beacon Lie:ht Homestead. LLC.:
Beacon Light Homestead, LLC, represented by Nate Hosac, is requesting final plat approval for
Springhaven Subdivision, an 8-lot (6-buildable, 2-common) residential subdivision. The 14.36-
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acre site is located on the south side of East Beacon Light Road approximately 1,984 feet east of
the intersection of North Eagle Road and East Beacon Light Road at 671 East Beacon Light
Road. (WEV)
Mayor introduces the issue.
General discussion
Huffaker moves to approve agenda Item #91. Seconded by Jackson-Heim. ALL A YES:
MOTION CARRIES............
J. Economic Development Administration Grant: Application by City of Eagle for US Dept.
of Commerce, Economic Development Administration grant. Grant funds of approximately $1.5
million will be used for public infrastructure (roadways, curb/gutter, parking, sidewalks, water,
power, sewer, etc.) in Stillwater Technology Park. Obtaining this grant will allow the City to
partner with Tri Cedars Management Co. LLC, the owner of Stillwater, in an effort to bring high-
paying, high-skilled permanent full-time jobs to Eagle. The principals of Tri Cedars have
committed to pass on the value ofthe grant funds to ultimate purchasers that create new jobs by
locating in Stillwater and they plan an aggressive marhting program for its success.
Mayor introduces the issue.
Bill Sali, provides an overview of the Economic Development Administration Grant.
General discussion.
Huffaker authorizes the Mayor to work with the applicant, staff and Council to go ahead
and set in place what needs to happened for the City to make the application for this
Economic Development Administration Grant. Seconded by Semanko. General discussion.
ALL AYES: MOTION CARRIES.......................
10. EXECUTIVE SESSION:
Mayor introduces the issue.
City Attorney Buxton: I request an Executive Session to discuss pending or threatened
litigation on the water right appeal pursuant to I.C. 67-2345(f).
Huffaker so moved. Seconded by Jackson-Heim. Huffaker: AYE; Shoushtarian: AYE;
Semanko: AYE; Jackson-Heim: AYE; ALL AYES: MOTION
CARRIES................................ ...
Council goes into Executive Session at 10:50 p.m.
Council discusses pending or threatened litigation in th(J matter ofthe water right appeal.
Council leaves Executive Session at 11 :00 p.m.
City Attorney Buxton: I need a motion from the Council to authorize us to file an appeal on
the Order of Dismissal.
Huffaker so moved. Seconded by Shoushtarian. Al"L AYES: MOTION
CARRIES................. ...
11. REPORTS: NONE
A. Mayor and Council Reports:
B. City Clerk/Treasurer Report: No Report
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C. Zoning Administrator's Report:
D. Public Works Director Report:
E. City Attorney Report:
12. ADJOURNMENT:
Huffaker moves to adjourn. Seconded by Jackson-Heim. ALL AYES: MOTION
CARRIES...
Hearing no further business, the Council meetinii adjourned at 11 :05 p.m.
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A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT EAGLE
CITY HALL
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c ?,A
RECEIVED & FILED
CITY OF EAGLE
SEP ' 7 2009
Ce4r' Moutf
P.4. 130w 4817
130 , I 83711
September 17, 2009
City of Eagle
660 E. Civic Lane
Eagle, ID 83616
Dear Mayor and Members of the City Council:
As you are aware, we are the principals of Stillwater Technology Park. We believe that
the plan set out below will tap the enormous potential of Stillwater to bring high -skilled,
high -paying, full-time, permanent jobs, along with attracting new industry to the City of
Eagle.
We propose that the City of Eagle apply for grant funds in the amount of approximately
$1.5 million from the US Department of Commerce, Economic Development
Administration, Grants for Public Works and Economic Development Facilities program.
Those funds will be used to complete infrastructure (public roadways, curbs/gutter,
public parking, water, sewer, power, etc.) and improved public access to the Greenbelt
within Stillwater.
We know that the City has been through a grueling budget process recently and we have
no intention to create any additional burden. To that end, by agreeing to make the
application, the City's obligations will be minimized as follows:
• Stillwater's principals will provide a guarantee for the EDA's obligation to create
jobs in Stillwater. This will ensure that the City will not be asked to repay any
grant funds in the future.
• Stillwater's principals have prepared a draft of the completed application which
will minimize City staff's time needed for submission of the application.
• We propose that the grant be administered by Sage Resources so the City will be
relieved of the majority of ongoing staff obligations. Funds to pay for that
administration are included in the amount of the grant.
It is crucial to understand the strategy that we believe will bring success. Stillwater will
not be a "traditional development," where land prices are driven as high as possible to
maximize profit. Instead, we will keep our prices as low as possible, as a mechanism to
attract businesses and the jobs they will bring. An added benefit to this "low price"
strategy is its ability to reduce the burden and risk of the newly attracted businesses. By
allowing these companies to preserve capital, this will help to encourage growth, create
jobs, stimulate the local economy and ensure the best chance for overall and long term
success.
We will help to accomplished this by foregoing potential profit and passing along the
value of the grant funds to the businesses that locate in Stillwater and bring "new" jobs to
the City of Eagle.
Our strategy is more than promising. We are in the process of obtaining commitment
letters from several businesses that should bring well over 100 jobs to Eagle. Other
businesses have expressed interest as well. Every commitment and expressed interest is
premised on the low prices that will be offered for pad sites in Stillwater.
Please know that our commitment to bring jobs to Eagle is both sincere and deep. It will
take the right kind of public-private partnership to ensure success in Stillwater. In order
to maximize the prospects of success, should the grant funds be obtained, we will also
commit to the following:
1. Donate approximately 1.5 acres needed for construction of the infrastructure (the
public roadways and utilities) in Stillwater;
2. Donate 10,000 ft2 of pad space to the nonprofit Idaho Viticulture Research Center
for its building in Stillwater;
3. Donate over 16,600 ft2 for a public parking lot and roadway for public access to
the greenbelt along the Boise River and access to a new City of Eagle park on the
11+ acre island in the Boise River near Stillwater;
4. Donate the 11+ acre island for a new City of Eagle park.
We believe that the foregoing demonstrates our stalwart commitment as partners in
bringing new jobs and industry to Eagle and also creates a template that can be used by
others.
Thank you for considering our proposal. Again, we are excited about the potential that
Stillwater has to improve the economic climate in the City of Eagle as well as the
Treasure Valley and the state of Idaho.
We look forward to working with you to accomplish our proposed goals. Please let us
know how we may assist you and your staff.
Sincerely,
John Priddy, Ed Priddy, Mark Priddy
Tri Cedars Management Co. LLC
208 -955 -7601 -office
208 -955 -7631 -fax
2
TO BE READ INTO THE RECORD AT THE CITY COUNCIL MEETING
September 22, 2009
Mayor Phil Bandy
Eagle City Council
Subject: Stillwater Technology Park
Mayor Bandy and City Council Members:
RECEIVED & FILED
CITY OF EAGLE
SEP . 2 2009
File.
Route t
On behalf of the Eagle Star Technology Corridor (ESTech), I wbuld like to express
our strong support for the EDA Grant proposal being submitted by Tri -Cedars for
the Stillwater Technology Park. Because of its location in the middle of ESTech and
its unique pricing strategy designed to attract early stage companies, Stillwater is
being positioned to help emerging companies locate, start and grow within Eagle in
a very cost effective manner. As you can imagine, this is a critical element in our
ability to recruit during these very difficult economic conditions.
We hope you will give every consideration to their request and appreciate your
support for ESTech and its members.
Sincerely,
C. Lloyd Mahaffey
Chairman of the Board
Eagle Star Technology Corridor
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP
RZ-09-07 MOD & PP -11-07 MOI) - Stillwater Business Park— Tri Cedars Manazement Co. LLC
September 22, 2009
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Recording Requested By and
When Recorded Return to:
City of Eagle
660 E. Civic Lane
P.O. Box 1520
Eagle, Idaho 83616
DEVELOPMENT AGREEMENT
c C 9-2 9-4--e-f
For Recording Purposes Do
Not Write Above This Line
This Development Agreement, made and entered into on the date as indicated herein, by and
between the City of Eagle, a municipal corporation in the State of Idaho ("Eagle"), by and through its
Mayor, and Tri Cedars Management, LLC (herein "Owner" or "Applicant").
WHEREAS, the Applicant is the owner of record of certain real estate located at 2505 West State
Street, Eagle, Idaho, as specifically defined in the attached legal description (Exhibit A and as generally
shown on Exhibit B) which is the subject of an application for Rezone identified as Rezone Application
No. RZ-09-07; and
WHEREAS, the proposed development includes properties within an area currently zoned RUT
(Rural Urban Transition, County Designation), P/S-DA (Public/Semi-Public with development agreement,
and A -R (Agricultural Residential); and
WHEREAS, the Applicant desires a BP -DA (Business Park with a development agreement)
zoning classification to develop a sixteen (16) lot business park subdivision on the above described
property, which is herein referred to as the "Property"; and
WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have determined
that allowing an BP -DA (Business Park with development agreement) zoning designation for the Property
must be limited with a development agreement to prevent undue damage to, and to otherwise be in harmony
with the Comprehensive Plan, the existing uses on the site and the community; and
WHEREAS, the intent of this Development Agreement is to protect the rights of Applicant's use and
enjoyment of the Property while at the same time limiting any adverse impacts of the development upon
neighboring properties and the existing community and ensuring the Property is developed in a manner
consistent with Eagle's Comprehensive Plan and City Code; and
WHEREAS, the Applicant has agreed to the use restrictions and other limitations set forth herein
upon the use and development of the Property and has consented to a BP -DA (Business Park with a
development agreement) zoning designation for the Property with the requirements set forth in this
Development Agreement; and
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WHEREAS, the Applicant has previously provided Eagle with an affidavit agreeing to submit the
Property to a Development Agreement pursuant to Eagle City Code Section 8-10-1(C)(1); and
WHEREFORE, the Applicant and the City of Eagle desire to resolve the issues and concerns that
have arisen and for and in consideration of the mutual covenants contained herein, it is agreed as follows:
ARTICLE I
LEGAL AUTHORITY
This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code
Section 67-6511A and Eagle City Code, Title 8, Chapter 10.
ARTICLE II
ZONING ORDINANCE AMENDMENT
Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the Property that is the
subject of the application to Business Park with a development agreement ("BP -DA"), after recordation of,
and subject to the provisions of this Development Agreement. The ordinance will become effective after
its passage, approval, and publication and the execution and recordation of this Development Agreement.
ARTICLE III
CONDITIONS OF DEVELOPMENT
3.1 Applicant Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.2 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that any such changes fequire are material thus requiring
additional public comment due to potential impacts on surrounding property or the community, a
public hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided
by Owner as may be required by the City.
3.3 The development shall comply with applicable sections in the Eagle City Code, as it exists in final
form at the time application is -made was deemed complete, including compliance with all of the
conditions as provided within this development agreement.
3.4 The following uses will be considered allowed uses within Stillwater Business Park:
a) Government Building Offices
b) Home and Business Services
c) Hotel
d) Industry (custom, limited, research and development)
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e) Laboratories
f) Manufacturing (custom, limited)
g) Office, business and professional
h) Office, medical and professional
i) Park and recreation facilities
j) Parking lot, parking garage
k) Parking lot, parking garage commercial
1) Personal wireless facilities (height 35 -feet or less)
m) Printing/blueprinting
n) Professional activities
o) Research and Development
p) Research activities
q) Travel services
3.5 The following are considered ancillary uses and shall encompass no more than ten percent (10%) of
the overall development. Ancillary uses are only permitted provided that at least one of the uses
noted in Article 3.4 is in operation or under construction.
a) Apartment
b) Bar
c) Banks, financial institutions (no drive -up service)
d) Boarding or lodging house or dormitory
e) Catering service
f) Childcare, daycare center
g) Commercial entertainment facilities (indoor)
h) Golf course and related services
i) Laundry service (with no drive -up service)
j) Motel
k) Multi -family dwelling
1) Personal improvement
m) Restaurant (with drive-thru)
3.6 The following uses are considered appropriate for a business park but will require further
consideration outside of this application and will require a conditional use permit:
a) Apartment
b) Bar
c) Boarding or lodging house or dormitory
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d) Catering service
e) Commercial entertainment facilities (indoor)
0 Communication facilities
g) Convention center
h) Drug store
i) Emergency services
j) Flex space
k) Health clubs, spas, weight reduction salons
1) Heliports
m) Laundry service (with no drive -up service)
n) Mobile office
o) Personal improvement
p) Personal Wireless Facilities (height over 35 -feet)
q) Planned Unit Development
r) Public service facilities
s) Restaurant (with drive-thru)
t) Restaurant (with no drive-thru)
u) Sign shop, including painting
v) Storage (enclosed building)
w) Trade fair
x) Warehousing, wholesaling plant
3.7 Uses that are not listed under Articles 3.4, 3.5 and 3.6 of this document are prohibited.
3.8 Provide a master sign plan (MSP) which includes exhibits and guidelines necessary to achieve a
visually coordinated, balanced and appealing signage environment for this development. The MSP
shall include monument and wall sign styles, themes, and locations. It is the intent for the MSP to
govern all signage within the development in accordance with Eagle City Code 8-2A. The MSP shall
be reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate.
3.9 The Applicant Owner shall construct outdoor plaza areas in strategic locations within the
development and in front of the buildings to accommodate and facilitate gathering points for users of
the development. These plaza areas may include seating areas, art work, fountains, landscaping,
drinking fountains, bike racks, or similar features designed and displayed in a manner that lends to
establishing a common theme or identity to the development.
3.10 Any building with a proposed drive-thru shall be designed in such a way as to compliment the
entirety of the development and shall provide a minimum forty-eight inch (48") grade separated
berm and/or screen wall with vegetation adjacent to the drive-thru lanes to reduce the impact of the
vehicles utilizing the drive-thru lanes (i.e. vehicle headlights and vehicle cueing). Design styles
exceeding the standard utilitarian look of a building with a drive-thru shall be required.
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3.11 The conditions, covenants and restrictions for the Property shall contain at least the following:
a) Provide that the association(s) shall have the duty to maintain and operate all of the common
landscape areas in the subdivision in a competent and attractive manner, including the
watering, mowing, fertilizing and caring for shrubs and trees, in accordance with Eagle City
Code, in perpetuity.
b) Establishment of an architectural control board for all buildings prior to building permit.
c) A requirement for all fencing within the development to be open -style such as wrought iron,
extruded aluminum (like wrought iron), or three -rail -type wooded decorative fencing. All
other fencing (i.e.: cedar fencing, vinyl, chain link) shall be prohibited.
d) Parking shall only be allowed in the designated parking areas.
e) A maintenance manual for the drive aisles requiring that association(s) shall have the duty to
maintain and operate all of the drive aisles providing access to the individual lots including the
repair and replacement of asphalt and sidewalks.
The conditions, covenants, and restrictions shall be reviewed and approved by the City Attorney for
both form and content to assure compliance with the conditions required herein, prior to the issuance
of a the first building permit.
3.12 The appliaaags Owner's property shall comply with all applicable Eagle Sewer District's regulations
and conditions prior to the submittal of a final plat application. Prior to issuance of any building
permits, Applicant shall provide proof of central sewer service to the proposed residential and
commercial uses. A letter of approval shall be provided to the City from the Idaho Department of
Health and Welfare, Department of Environmental Quality, and/or Central District Health, prior to
issuance of any building permits. The other requirements of this Development Agreement not
withstanding, subject to approval of the Central District Health Department, applicant may construct
one building using an approved temporary septic system. The septic system will be abandoned in
accordance with the requirements of the Central District Health Department when the central sewer
system for the development has been put in and connected to the Eagle Sewer District. No additional
building permits will be issued within the development until such time the aforementioned building
is connected to central sewer system.
3.13 All existing wells and septic systems on the property shall be abandoned prior to the City Clerk
signing the final plat. Central District Health Department approval is required for the abandonment
of the existing wells and septic systems.
3.14 Applioant Owner shall provide a report or analysis of any proposed changes to wetlands located on
the property and any such change shall be contingent upon written approval by the Army Corps of
Engineers, Idaho Fish and Game Department (if applicable), the Idaho Department of Water
Resources (if applicable), Ada County, and any other appropriate government agencies, and shall be
in accordance with the Eagle Comprehensive Plan and City Code. Applicant agrees all development
and improvement of the Property shall comply with rules and regulations pertaining to regulated
wetlands.
3.15 Provide an approved Land Use Change/Site Development Application from Boise River Flood
Control District No. 10 prior to submitting a final plat application.
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3.16 The development is to incorporate public art, water features, or other features of interest and
pedestrian amenities which encourage pedestrian use (i.e.: outdoor drinking fountains, benches,
tables, etc.).
3.17 Due to the high visibility of the SH 44 corridor, special attention shall be given to the configuration
and position of the buildings abutting the roadways. Buildings should be designed to be positioned at
varied angles to the abutting roadway, and building footprints are encouraged to be irregular to
inspire greater creative designs. All lots and buildings shall be configured to screen any and all
loading areas and trash enclosures from view as seen from residential uses or public roadways.
Building placement shall be designed such that parking areas are not concentrated between the
buildings and the abutting roadways. The side of any buildings facing the roadways shall be
provided with architectural design elements and architectural relief, as may be approved by the Eagle
Design Review Board.
3.18 All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the City Forester. A detailed landscape plan showing how the trees will be
integrated into the open space areas (unless approved for removal by the City Forester and the
Design Review Board) shall be provided for Design Review Board approval prior to the submittal of
a final plat. The applicant shall have an on-site meeting with the City Forester to survey all existing
trees. Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City
Forester's direction) to protect all trees that are to be preserved, prior to the commencement of any
construction on the site.
3.19 Applicant Owner shall provide and construct, in accordance with the provisions of Eagle City Code
Section 9-4-1-6, a minimum ten foot (10') wide asphalt public pathway to be located within a twenty
foot (20') wide easement in alignment with the existing pathway located northeast of Stillwater
Business Park and adjacent to SH 44. The specific location and design of the pathway shall be
approved by the City of Eagle Park and Pathway Development Committee prior to submittal of a
design review application. The asphalt pathway shall be located in a recorded easement or easements
dedicated to and accepted by Eagle as provided in Eagle City Code Section 9-4-1-6(E) (2). The
instrument number of the recorded easement or easements shall be referenced on the face of the plat
for Stillwater Business Park, upon recordation of the final plat wherein the pathway is Iocated.
3.20 Applicant Owner shall provide and construct, in accordance with the provisions of Eagle City Code
Section 9-4-1-6, a minimum ten foot (10') wide public pathway/greenbelt within the existing twenty
five foot (25') easement located on the southern portion of the property and adjacent to the Boise
River. The specific location and design of the pathway shall be approved by the City of Eagle Park
and Pathway Development Committee prior to submittal of a design review application. The
pathway/greenbelt shall be located in a recorded easement or easements dedicated to and accepted by
Eagle as provided in Eagle City Code Section 9-4-1-6(E) (2). The instrument number of the recorded
easement or easements shall be referenced on the face of the plat for Stillwater Business Park, upon
recordation of the final plat wherein the pathway is located.
3.21 In addition to the sidewalks and pathways proposed with the development (see preliminary plat), the
applicant will design the proposed interior parking lot pathways (sidewalks) to provide optimum
pedestrian interconnectivity to all portions of the site which should reduce the need to drive from
business to business and should promote enhanced pedestrian movement within the site. The site is
to be designed with shelters, "kiosks," pergolas, etc, in strategic locations to provide refuge and
visual relief to pedestrians traversing the parking lots. In order to provide pedestrian access to the
Boise River and greenbelt, the applicant shall provide an eight foot (8') wide micro -pathway within
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a sixteen foot (16') wide easement, linking the interior sidewalk system of the development to the
proposed greenbelt system adjacent to the Boise River.
3.22 The applicant Owner shall construct all roadways including the future alignment with the proposed
Ballantyne Road realignment on the north side of State Highway 44 pursuant to current roadway
engineering standards. Any other provisions of this Agreement notwithstanding, until such time that
the realignment of Ballantyne Road is completed and subject to approval of the Idaho Transportation
Department, applicant may proceed with development with traffic routed to a temporary access from
SH 44. When the realignment of Ballantyne Road is completed, such temporary access will be
extinguished and all traffic of the development will be routed through that realigned intersection.
3.23 The Applicant shall provide for and include a cross access agreement between all lots within the
development to provide and facilitate shared access to the public rights-of-way. The cross agreement
shall be reviewed and approved by the City Attorney for both form and content prior to issuance of a
zoning certificate. The cross access agreement shall be executed and recorded prior to the issuance
of a zoning certificate.
3.24 Applicant Owner will construct improvements and satisfy all conditions required by the Ada County
Highway District and the Idaho Transportation Department prior to the issuance of any Certificate of
Occupancy for any building within the development. These improvements include, but are not
limited to, dedication of right-of-way for pertinent future road widening (including the proposed
Ballantyne Road realignment intersection for left and right turn lanes), roadway and intersection
improvements commensurate to development traffic impacts, construction of sidewalks, and
construction of driveways in the locations and configurations as determined by the aforementioned
entities or as otherwise may be required herein. Approval letters from these entities shall be
provided to the City prior to the issuance of a Certificate of Occupancy.
3.25 A note shall be placed on the final plat and language placed in the CC&Rs stating that all structures
are prohibited within the boundaries of the floodway. The CC&Rs sha11 be re• iewc`r an`' apprcvs4
3.26 Future development of Lots 4 and 5, Block 2, as shown on the preliminary plat date stamped by the
City on August 25, 2009, shall include an eight foot (8') wide pathway located within a sixteen foot
(16') wide easement that links the internal sidewalk/pathway system of the development to the Boise
River Greenbelt. Location of the pathway shall be determined during the design review process for
this lot. Parking for public access to the greenbelt and the river shall also be provided upon
development of this lot. The number and placement of the parking spaces shall be determined
during the design review process for this lot.
3.27 Notwithstanding the requirements of Condition of Development 3.11 (c) above, the applicant shall
provide a two foot (2') high landscaped berm with a six foot (6') high vinyl fence to be located
between the development and the adjacent residential property to the west. The berm and fence shall
be reviewed and approved by the Design Review Board prior to the submittal of a final plat
application.
ARTICLE IV
AFFIDAVIT OF PROPERTY OWNERS
An affidavit of all owners of the Property agreeing to submit the Property to this Development Agreement
and to the provisions set forth in Idaho Code Section 67-6511A and Eagle City Code Section 8-10-1 shall
be provided and is incorporated herein by reference.
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ARTICLE V
DEFAULT
5.1 In the event the Applicant fails to comply with the commitments set forth herein, within thirty (30)
days of written notice of such failure from Eagle, Eagle shall have the right, without prejudice to any
other rights or remedies, to cure such default or enjoin such violation and otherwise enforce the
requirements contained in this Development Agreement or to terminate the Development Agreement
following the process established in Eagle City Code Section 8-10-1.
5.2 If required to proceed in a court of law or equity to enforce any provision of this Development
Agreement, Eagle shall be entitled to recover all direct out-of-pocket costs so incurred to cure or enjoin
such default and to enforce the commitments contained in this Development Agreement, including
attorneys' fees and court costs.
5.3 If any term, provision, commitment, or restriction of this Development Agreement or the application
thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the
remainder of this instrument shall terminate and the zoning of the property shall revert to the ettffefit
A -R (Agricultural -Residential) zoning designation of the parcels unless the portion of this instrument
determined to be invalid or unenforceable is re -negotiated in good faith between the Applicant (or other
appropriate party) and Eagle as an amendment to the Development Agreement processed in accordance
with the notice and hearing provisions of Idaho Code Section 67-6509, as required by Eagle City Code
Section 8-10-1.
ARTICLE VI
UNENFORCEABLE PROVISIONS
If any term, provision, commitment, or restriction of this Development Agreement or the application
thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder
of this instrument shall terminate and the zoning of the property shall revert to the RUT (Residential Urban
Transition — Ada County designation), PS -DA (Public/Semi-Public with development agreement), and A-
R (Agricultural Residential) zoning designations unless the portion of this instrument determined to be
invalid or unenforceable is re -negotiated in good faith between the Applicant (or other appropriate party) and
Eagle as an amendment to the Development Agreement processed in accordance with the notice and hearing
provisions of Idaho Code Section 67-6509, as required by Eagle City Code Section 8-10-1.
ARTICLE VII
ASSIGNMENT AND TRANSFER
After its execution, the Development Agreement shall be recorded in the office of the County Recorder at
the expense of the Applicant. Each commitment and restriction on the development shall be a burden on
the Property, shall be appurtenant to and for the benefit of the Property, adjacent property, and other
residential property near the Property and shall run with the land. This Development Agreement shall be
binding on the Applicant and owners, and their respective heirs, administrators, executors, agents, legal
representatives, successors, and assigns; provided, however, that if all or any portion of the development
is sold, the sellers shall thereupon be released and discharged from any and all obligations in connection
with the property sold arising under this Agreement. The new owner of the Property or any portion
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thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or
otherwise) shall be liable for all commitments and other obligations arising under this Agreement with
respect to the Property or portion thereof.
ARTICLE VIII
GENERAL MATTERS
8.1 Amendments. Any alteration or change to this Development Agreement shall be made only after
complying with the notice and hearing provisions of Idaho Code Section 67-6509, as required by Eagle
City Code Section 8-10-1.
8.2 Paragraph Headings. This Development Agreement shall be construed according to its fair meaning
and as if prepared by both parties hereto. Titles and captions are for convenience only and shall not
constitute a portion of this Development Agreement. As used in this Development Agreement,
masculine, feminine or neuter gender and the singular or plural number shall each be deemed to
include the others wherever and whenever the context so dictates.
8.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws of the
State of Idaho in effect at the time of the execution of this Development Agreement. Any action
brought in connection with this Development Agreement shall be brought in a court of competent
jurisdiction located in Ada County, Idaho.
8.4 Legal Representation. Both the Applicant and Eagle acknowledge that they each have been
represented by legal counsel in negotiating this Development Agreement and that neither party shall
have been deemed to have been the draftor of this agreement.
8.5 Notices. Any notice which a party may desire to give to another party must be in writing and may be
given by personal delivery, by mailing the same by registered or certified mail, return receipt requested
postage prepaid, or by Federal Express or other reputable overnight delivery service, to the party to
whom the notice is directed at the address of such party set forth below;
Eagle: City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
Owner:
Tri Cedars Management, LLC
93 S. Eagle Road
Eagle, Idaho 83616
Or such other address and to such other persons as the parties may hereafter designate. Any such
notice shall be deemed given upon receipt if by personal delivery, forty-eight (48) hours after deposit
in the United States mail, if sent by mail pursuant to the foregoing, or twenty-four (24) hours after
timely deposit with a reputable overnight delivery service.
8.6 Effective Date. This Development Agreement shall be effective upon the signing and execution of this
agreement by both parties.
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8.7 Termination. This agreement terminates upon completion of Conditions of Development or after 7 -
years after the Effective Date, whichever occurs first.
8.8 Authority to Enter Into Agreement: By the execution and delivery of this Agreement by the parties,
and the performance of their covenants and obligations therein, the parties acknowledge such action
has been duly authorized by all necessary corporate (or LLC) action, and necessary corporate (or LLC)
resolution(s) have been executed for the undersigned representatives to sign this Agreement and so
bind their respective parties.
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this day of , 2009.
CITY OF EAGLE, a municipal corporation organized
and existing under the laws of the State of Idaho
By:
Phil Bandy
ATTEST:
Sharon K. Bergmann, City Clerk
Tri Cedars Management Company, LLC
By:
Ed Priddy
STATE OF IDAHO )
. ss.
County of Ada )
On this day of , 2009, 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.
written.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
Notary Public for Idaho
Residing at:
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My Commission Expires:
STATE OF IDAHO )
: ss.
County of Ada )
On this day of , 2009, before the undersigned notary public in and for the said
state, personally appeared Ed Priddy, known or identified to me to be the owners of the property referenced
herein and the persons who executed the foregoing instrument.
written.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
Notary Public for Idaho
Residing at:
My Commission Expires:
Page 11 of 11
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CG 9— 01x—es?
INTER
OFFICE
City of Eagle
Zoning Administration
To:
From:
Subject:
Date:
Attachment(s):
Copy To:
Mayor Bandy and City Council Members
Michael Williams, PCED, Planner II
RZ-09-07 MOD — Modification to Conditions of Development for the rezone
associated with Stillwater Business Park — Tri Cedars Management Company, LLC,
represented by Scott Wonders, P.E. with Stanley Consultants
September 15, 2009
Correspondence received from Gary Inselman, Manager, Right -of -Way and
Development Services, Ada County Highway District, to Tri Cedars Management,
Company, LLC, date stamped by the City on September 21, 2009
Stanley Consultants, Attn: Scott Wonders P.E., 2264 S. Bonita Way, Suite 150,
Meridian, ID 83642
Page 1 of 1
K:1Planning Dept\Fagle Applications\\SUBS\20071Stillwatcr Business Park DA MOD meI .doc
September 21, 2009
VIA E-MAIL: Bill Sali
Tri Cedars Management Co., LLC
P.O. Box 4817
Boise, Idaho 83711
sfie
Ac H D
RE: Stillwater Business Park Subdivision
Dear Mr. Sali:
RECEIVED & FILED
CITY OF EAGLE
SEP 2 12009
File.
RoA. McKee. esiders
�hcrrutey R.tofarol i tuberPr
P,
Rebecca W. Arnold, 2nd Vice President
John S. Franden, Commissioner
Sara M. Baker, Commissioner
This letter is to confirm our conversation on September 181h. ACHD staff has reviewed the proposed
revised preliminary plat and find that it is not a substantial deviation from the original preliminary plat.
If the revised preliminary plat is approved by the City of Eagle and ITD grants the temporary access to
Hwy 44, ACHD will issue a revised staff report with modified conditions of approval to address the
temporary public street access to Hwy 44. At a minimum, the applicant will be required to dedicate a
temporary right-of-way easement that would be vacated upon a secondary permanent access becoming
available. In addition, the applicant will be required to place a financial surety in an amount and form
acceptable to ACHD to guarantee the funds are available in the future to close the temporary access.
We also discussed the future ACHD Hwy 44/State StreetlBallantyne Lane realignment and intersection
project. This development as revised docs not include the south leg of this intersection. Construction of
the roadway south of Hwy 44 will be a requirement with the future development of the Eagle Sewer
District property if or when that occurs.
Finally, current ACHD policies for off-site improvements require a minimum of 24 -feet of pavement
with 3 -foot gravel shoulders. If a right-of-way were dedicated across the sewer district property to
provide Stillwater Business Park access to Hwy 44 at the realigned Ballantyne location, the developers
of Stillwater would be required to provide that minimum 24 -foot street section. If this scenario is a
possibility it will require close coordination among all of the parties.
If you have any questions you may contact me at 387-6170.
Sincerely,
Gary Inselm
Manager, Right -of -Way and Development Services
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH (208) 387-6100 • FX 387-6393 • www.achd.ada.id.us
cc 91-6,7,2---e
INTER
OFFICE
City g of Eagle
Zoning Administration
To:
From:
Subject:
Date:
Attachment(s):
Mayor Bandy and City Council Members
Michael Williams, PCED, Planner II i
EXT -13-09 — Preliminary Plat Extens n of Time for Eaglefield Estates and
Eaglefield Estates II Planned Unit Development — Eaglefield, LLC, represented by
Clint Boyle with Landmark Engineering and Planning
September 22, 2009
Correspondence from Clint Boyle with Lanmark Engineering and Planning, Inc,
(applicant's representative), date stamped by the City on September 22, 2009.
Copy To: Landmark Engineering and Planning, Attn: Clint Boyle, 332 N. Broadmore Way,
Nampa, ID, 83687
The applicant is requesting this item be removed from the consent agenda and continued for one month.
Staff recommends the item be placed on the October 27, 2009, City Council agenda
Page 1 of 1
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ANDNIARK
ENGINEERING & PLANNING INC.
Memo
To: Mike Williams
From: CI nt Boyle
cc: Peter Harris
Date: September 22, 2009
Re: Eaglefield and Eaglefield II - Time extension request
RECEIVED & FILED •
CITY OF EAGLE
SEP 2 2 2009
File:
332 N. Broadmore Wt ,ltg1
Nampa, ID 8307 --
Ph: (208) 442-6300 • Fax: (208) 466-0944
it iiu . landaauark-ep. cona
As I indicated in our conversation today, 1 am requesting that the City Council business item for
the above referenced time extension be continued and brought back on the agenda in one month.
You indicated that there was maintenance needed on the landscape areas due to weed issues. A
one month continuation will provide the developer an opportunity to coordinate the needed
maintenance to the landscape areas.
Further. 1 have conflicting meetings this evening with a public hearing in Nampa. The
continuation will allow for my attendance on this request if necessary.
1 appreciate your consideration and agreement to facilitate the continuation request. Please
notify me of the updated Council date for this request.
1,project liles•cOd02 scorrespondence outgmng`time emenSRtn request continuation mento 092209 doe\
•
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MN
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Recycling Carts?
71°/0 of Eagle residents said they would
recycle more if they had a recycling cart
61% said they would pay more for the
convenience of a blue recycling cart
4/9/2009
9
ti
How successful is today's program?
Fri Last year Eagle residents recycled about
260 tons (roughly 12 pounds/HH/month)
MN
4/9/2009
6
"Single -Stream" Protocol
Mix cardboard, paper, plastic cc cans together in the
green dumpster! Flatten all materials to maximize space!
4/9/2009
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September 14, 2010
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EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP
Ordinance 647 - ZOA-03-08 -Zoning Ordinance Amendment — City of Eagle
September 14, 2010
TESTIFY PRO/ CON or
NAME ADDRESS YES/NO NEUTRAL
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP
Ordinance 638 - ZOA-01-09 - Zoning Ordinance Amendment — City of Eagle
September 14, 2010
TESTIFY PRO/ CON or
NAME ADDRESS YES/NO NEUTRAL
Corridor Location
Hill Road SH 55 to Edgewood Lane
Distance Preliminary
(IF) Cost * Misc. Notes
4,032 $1,043,280 Will include canal crossings
Eagle Road North of the North Channel to Chinden Blvd. 8,695 $2,249,831 Requires crossing two channels of the Boise River
Corridor significantly constrained - actual cost may
Eagle Road State St. to Floating Feather Rd. 4,072 $1,053,630 be a facor of 2 or 3 over estimate
Corridor significantly constrained - actual cost may
be a facor of 2 or 3 over estimate - May require
obtaining easements and does not include the cost
State Street Sub Station (Senior Ctr) to Ballantyne Ln. 8,575 $2,218,781 of installing lines within vaults
Ballantyne Lane State St. to Floating Feather Rd. I 3,990 $1,032,413
Edgewood Lane State St. to Hill Rd. (realignment) 1,903 $492,4011
* A 15% contingency has been factored into the above preliminary cost estimates
Note: The cost estimates noted above do not inlcude the engineering fees required for the preparation of costruction-ready cost estimates
cost/LF = $225.00 x 15%
K:\Planning Dept\Misc Other\2010\Distribution line burial cost estimates
MOORE SMITH BUXTON & TURCKE, CHARTERED
ATTORNEYS AND COUNSELORS AT LAW
950 W. BANNOCK STREET, SUITE 520; BOISE, ID 83702
TELEPHONE: (208) 331-1800 FAX: (208) 331-1202 www.msbtlaw.com
LOREN W. ANDERSON
STEPHANIE]. BONNEY.
SUSAN E. BUXTON*
PAUL ]. FrrZER
JILL S. HOLINKA
BRUCE M. SMITH
PAUL A. TURCKE°
CARL]. WITHROE»*
September 14, 2010
Via Facsimile (208) 287-7009
Board of Ada County Commissioners
200 W. Front Street
Boise, ID 83702
RE: Request for Extension of Time to
Submit the Budget for the City of Eagle
Dear Commission Members:
JOHN J. MCFADDEN Of Counsel
MICHAEL C. MOOREt of Counsel
» Also admitted in California
* Also admitted in Oregon
* Also admitted in South Dakota
Also admitted in Utah
$ Also admitted in Washington
Our firm serves as the City Attorney for the City of Eagle, Idaho. In that capacity, we
request a seven (7) day extension of time to submit the City of Eagle's budget pursuant to Idaho
Code §63-803. The City may submit an amended L-2 form clarifying the certification of the
total budget amount upon which to determine the tax levy.
If you have any questions or need additional information, please do not hesitate to contact
me or the Eagle City Clerk/Treasurer, Sharon Bergmann.
Sincerely,
MOORE SMITH BUXTON & TURCKE, CHTD.
Susan E. Buxton
SEB/clb
cc: Eagle City Council
Ada County Prosecuting Attorney's Office
Eagle City Clerk/Treasurer