Minutes - 2009 - City Council - 10/13/2009 - Regular
EAGLE CITY COUNCIL
Minutes
October 13, 2009
PRE-COUNCIL AGENDA: 5:30 p.m. - 6:30 p.m.
1. Kiwanis presentation of Mayor's Cup check: Jason Pierce and other representatives from the Kiwanis
present money to the City for the Eagle Community Fund.
2. Eagle Chamber of Commerce Quarterly Report: Teri Bath, President. Chamber is hoping the sign
ordinance can be revisited to ease some of the restrictions regarding sign and decreasing the amount of
time it takes to get a sign. Discussion regarding options of how to draw businesses to Eagle and support
those currently open.
3. Mayor and Council: No report given as time ran out.
4. City Clerk/Treasurer Report: No report given as time ran out.
5. Zoning Administrator's Report: No report given as time ran out.
6. Public Works Director Report: No report given as time ran out.
7. City Attorney Report: No report given as time ran out.
REGULAR COUNCIL AGENDA: 6:30 p.m.
1. CALL TO ORDER: Mayor Bandy calls the meeting to order at 6:33 p.m.
2. ROLL CALL: Present: HUFFAKER, SHOUSHTARlAN, SEMANKO (via telephone), JACKSON-
HElM. All present. A quorum is present.
3. PLEDGE OF ALLEGIANCE: Council President Huffaker leads the Pledge of Allegiance.
4. PUBLIC COMMENT: Chet Goodell with the Eagle Senior Center has concerns with the
amendment to the Eagle Senior Center lease agreement. The Mayor lets him know that they will have to
address it later tonight as it is on the agenda for action. Mr. Goodell would also like to provide
additional input where the trash enclosure will be located and he has a couple other ideas for the Senior
Center parking lot project. Discussion regarding requested changes and the agencies that would need to
approve any changes to plans.
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 Aeainst the City.
B. Minutes of September 22. 2009.
C. DR-29-09 - Monument Si!!n for Eaele Hills Golf Course - Dave Beerow: Dave
Begrow is requesting design review approval to construct a monument sign for Eagle
Hills Golf Course. The site is located on the west side of North Edgewood Lane
approximately Ij.;-mile south of Floating Feather Road at 605 North Edgewood Lane.
(WEV)
D. EXT-12-09 - Preliminary Plat Extension of Time for Mosca Seca Subdivision-
Holmes Land Development: Holmes Land Development is requesting a one (I) year
extension of time for the preliminary plat approval for Mosca Seca Subdivision, a
residential subdivision consisting of386- lots (344-residential, 4I-common, and 1-
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academy lot). The 228-79 acre site is located south of Floating Feather Road east of
Linder Road. (WEV)
E. EXT-14-09 - Preliminary Plat Extension of Time for Brutsman Subdivision (PP-02-
06) - Shawn Ross: Shawn Ross, is requesting a one (1) year extension of time for the
preliminary plat approval for Brutsman Subdivision, a 17 lot (I2-buildable, I-existing, 4-
common) residential subdivision. The 4.86-acre site is located approximately 1,200-feet
south of Floating Feather Road and on the west side of Horseshoe Bend Road at 10895
Horseshoe Bend Road. (WEV)
F. Re-appointment to Planninl! and Zoninl! Commission: The Mayor is requesting
Council confirmation ofthe re-appointment of Don Roehling to the Commission. Mr.
Roehling will serve a 3 year tenn. (PB)
G. Findinl!s of Fact and Conclusions of Law for RZ-09-07 MOD - Modification to
Conditions of Development for the rezone associated with Stillwater Business Park
- Tri Cedars Manaeement Company. LLC: Tri Cedars Management Company, LLC,
represented by Scott Wonders P.E. with Stanley Consultants, is requesting modifications
to the Conditions of Development associated with the BP-DA (Business Park with a
development agreement) zoning classification for the Stillwater Business Park. The
24.06-acre site is located approximately 1,300 feet west ofW. Ballantyne Road on the
south side of West State Street (SH 44) at 2505 West State Street (SH 44). (WEV)
H. Findinl!s of Fact and Conclusions of Law for PP-ll-07 MOD - Modification to
Preliminary Plat for Stillwater Business Park - Tri Cedars Manaeement Company.
LLC.: Tri Cedars Management Company, LLC, represented by Scott Wonders P.E. with
Stanley Consultants, is requesting a modification to the preliminary plat associated with
Stillwater Business Park. The 24.06-acre site is located approximately 1 ,300-feet west of
West Ballantyne Road on the south side of West State Street (SH 44) at 2505 West State
Street (SH 44). (WEV)
I. Noise ordinance waiver: The Eagle Volunteer Firefighter Association is requesting a
waiver to the Eagle noise ordinance for October 16, 17,23, 24, 29, 30, and 31.
Extending the time from 10:00 p.m. to midnight or each ofthe dates listed.
Item 5 B, D, E are removed from the consent agenda.
Jackson-Heim moves to approve the Consent Agenda as amended. Seconded by Huffaker.
Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: Jackson-Heim: AYE: ALL AYES:
MOTION CARRIES..............
Agenda item 58: Semanko notes that on the minutes of September 22,2009 page 6 correction of
the vote of item G. Should read "THREE A YE.".ONE NAY.. .MOTION CARRIES."
Jackson-Heim moves to approve the changes as requested by Council member Semanko.
Seconded by Shoushtarian. ALL AYE...MOTION CARRIES.
Agenda item 50: Jackson-Heim inquires as the status ofthe Legacy project and the
appropriateness of granting an extension oftime. Susan Buxton, City Attorney and City Planner,
Mike Williams provides clarification. The Legacy property is in non-judicial foreclosure. There
is also a directional error in the project summary should read west of Eagle Road instead of east
of Eagle Road that needs to be corrected.
Huffaker moves to approve agenda item 5 D with the correction noted. Seconded by
Shoushtarian. ALL AYE...MOTION CARRIES.
Huffaker asks for clarification of the owner for the extension of time and who is requesting the
extension. City Planner, Williams states that the owner is requesting the extension oftime.
Huffaker moves to approve agenda item 5E. Seconded by Shoushtarian. ALL
AYE. ..MOTION CARRIES.
6. PROCLAMATIONS & RESOLUTIONS: NONE
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7. NEW BUSINESS:
A. Open Access Aereement between the City of Boise and the City of Ea!!le: (RB)
Mayor introduces the item.
Library Director, Ron Baker briefly reviews the pros and cons of entering into the Open Access
Agreement. Discussion.
Huffaker moves to approve agenda item 7 A authorizing the Mayor to sign the agreement.
Seconded by Shoushtarian. HUFFAKER AYE; SHOUSHTARIAN AYE; JACKSON-HElM.
B. Contract for Services Ea!!le Saturday Market. Christmas Market and Art Faire Mana!!er FY
2009-2010: (LB)
Mayor introduces the item.
Jackson-Heim asks for clarification, she thought the contract had already been approved. The Mayor
confirms that the contract was approved at the September 22, 2009 meeting, but that there were some
changes that are being requested by the Arts Commission.
Linda Butler is not in attendance to address the changes to the contract. Staff notes that there may have
been an illness in her family and that may be the reason she is not in attendance. Council agrees to move
the item to be heard at the end of the meeting.
Huffaker moves to add that after agenda item 8G that an Executive Session for pending and
threatened litigation for Charney v. City of Eagle as allowed by Idaho State Code 67-2345 (f) and
7B to the end of the agenda, but before the Executive Session in case Ms. Butler is able to make it
to the meeting. Combine the public hearings for agenda items 8D and E with separate motions
being made for each application. Agenda item 8A to be continued to the October 27, 2009 meeting
per the applicant's request. Seconded by Jackson-Heim. ALL AYE...MOTION CARRIES.
C. Amendment to lease a!!reement for Ea!!le Senior Center: (SKB)
Mayor introduces the item.
Louise Curtis Vice President ofthe Senior Center. Ms. Curtis is concerned with the amount in the lease
agreement that caps the maintenance funds the City contributes to $1000.00 and anything beyond would
be the responsibility of the Senior Citizens.
Mayor Bandy clarifies what the amendment to the lease agreement states - the City will pay $12,400.00
for the cleaning of the building and $1,000.00 for maintenance. Public Works Oirector, Michael Echeita
states that should the Senior Center require additional maintenance above the $1,000.00 he would be able
to review other line items in the public works budget and hopefully find the funds there for the repairs, or
take the expenditure request to the Council for approval. He assures Ms. Curtis that he will do
everything possible to address any maintenance issues that may arise. Councilmember Shoushtarian is
concerned with the numbers that are "capped" with the contract stating $1,000.00 for maintenance. He
expresses concerned that the Senior Citizens didn't feel appropriate notice or consideration was given to
them and the Seniors have not budgeted to take on additional costs for maintenance that may be over
$1,000.00. Shoushtarian does not feel there should be a cap in place for expenditures for the senior
center, since there was no cap in the past. Discussion. Mayor Bandy states that in order to provide the
Council with the balanced budget the Council requested certain line items be drastically reduced; all of
the reductions and budgetary figures were presented to the Mayor and Council during the budget
workshops and public hearings. City Attorney Buxton would like to review the previous contracts for
comparison to better address the questions posed by Council tonight. Jackson-Heim would like to know
what the deductible to the City for that building is and have that for the next meeting.
Shoushtarian moves to continue this item to the October 27, 2009 meeting. Seconded by Jackson-
Heim. ALL AYE...MOTION CARRIES.
8. PUBLIC HEARINGS:
A. A-5-09 & RZ-6-09 Annexation and Rezone From RUT (Rural- Urban Transition - Ada
County desi!!nation )A-R to A-R-DA (A!!ricultural- Residential with a Development A!!reement) -
Ron Sali: Ron Sali, represented by Ooug Russell with The Land Group, Inc., is requesting approval of an
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annexation and rezone from RUT (Rural-Urban Transition-Ada County Oesignation) and A-R
(Agricultural-Residential- up to one unit per five acres) to A-R-DA (Agricultural-Residential- up to one
unit per five acres with a development agreement). The 65.14-acre site is generally located on the south
side of W. Mace Road approximately 1.47 miles west of S. Eagle Road. (MJW) This item was continued
from the September 8, 2009 meeting.
Mayor introduces the item.
This item was continued to October 27,2009 meeting. See motion above.
B. A-07-09/RZ-09-09 & PP/FP-OI-09 - Annexation And Rezone From RUT to A-R-DA and
Combined Preliminary and Final Plat for Sulik Subdivision - Paul and Susan Sulik: Paul and Susan
Sulik are requesting annexation and rezone with development agreement from RUT (Rural Urban
Transition) to A-R-OA (Agricultural-Residential- up to one (1) unit per five (5) acres with a
development agreement) and combined preliminary plat and final plat approval for Sulik Subdivision, a
two (2) lot residential subdivision. The 10.01 - acre site is generally located on the north side of W.
Beacon Light Road approximately 1,280 feet east of Hartley Road at 6344 W. Beacon Light Road.
(MJW)
Mayor introduces the item.
Paul Sulik is the homeowner and representative for the application. Mr. Sulik reviews the application.
He requests Council remove two site specific conditions of approval number 9 and 13. At this time
ACHD has approved two access points to the property and therefore Mr. Sulik is asking that the shared
driveway no longer be required. Also, he is asking that site specific condition 13 be removed
eliminating the requirement ofthe installation of streetlights
City Planner, Mike Williams reviews the staff report.
Mayor opens the public hearing.
No one chooses to speak.
Mayor closes the public hearing.
Shoushtarian moves to approve item 8B A-07-09/RZ-09-09 & PP/FP-OI-09 - Annexation and
Rezone from RUT to A-R-DA and Combined Preliminary and Final Plat for Sulik Subdivision
contingent upon ACHD approval of the two driveways vs one common drive. Also removing site
specific condition 9 and 13. Seconded by Jackson-Heim. Discussion. ALL AYE. ..MOTION
CARRIES.
C. A-08-09/RZ-09-09 - Annexation and Rezone From RUT (Rural- Urban Transition - Ada
County desi!!nation) to A-R-DA (A!!ricultural- Residential with a Development Aereement) M3
Ea!!le. LLC: M3 Eagle, LLC, represented by Gerald Robbins, is requesting an annexation and rezone
from RUT (Rural-Urban Transition-Ada County Designation) to A-R-DA (Agricultural-Residential one
unit per five acres with a development agreement). The 103. 9-acre site consisting of four (4) parcels is
generally located on the west side ofN. Hartley Road approximately 3,050 feet north of W. Beacon Light
Road at 4151 N. Hartley Road. (MJW)
Mayor introduces the item.
Gerry Robbins representing M3 Eagle LLC. 533 E. Riverside Or. Eagle, Idaho reviews the application.
Mr. Robbins states that they have read the Staff report and do not have any issues with it.
City Planner, Mike Williams reviews the staff report.
Mayor opens the public hearing.
Larry Hellhake, 3837 N. Holl Drive Eagle, Idaho. He is there on behalf of Bob and Elsie Hanson and
they are in favor of this application. This application creates a path of annexation for the BLM property.
They are proud to be part ofthis and understand that the development agreement must be completed and
signed in order to see this through to completion.
Mayor closes the public hearing.
Oiscussion amongst the Council.
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Huffaker moves to approve 8C A-08-09/RZ-09-09 - Annexation and Rezone From RUT (Rural-
Urban Transition - Ada County designation) to A-R-DA (Agricultural- Residential with a
Development Agreement) M3 Eagle, LLC. Seconded by Jackson-Heim. ALL AYE...MOTION
CARRIES.
O. A-09-09/RZ-IO-09 - Annexation and Rezone from RP and RR (Rural Preservation and Rural
Residential - Ada County Desi!!nations) to PS (Public/Semipublic) - City of Ea!!le: The Bureau of
Land Management (BLM) has consented to allow the City of Eagle to annex property associated with the
proposed Eagle Regional Park. The City of Eagle is requesting approval of an annexation and rezone
from RP and RR (Rural Preservation and Rural Residential- Ada County Designation) to PS
(Public/Semipublic). The 1 ,644.54-acre site is generally located in the foothills north of Homer Road
approximately 2,560-feet east of State Highway 16 and 4,500-feet west of Willow Creek Road. (MJW)
E. A-I0-09/RZ-ll-09 - Annexation and Rezone from RP (Rural Preservation - (Ada County
Desi!!nation) to PS (Public/Semipublic) - City of Ea!!le: The Bureau of Land Management (BLM) has
consented to allow the City of Eagle to annex public land to facilitate the creation of the proposed Eagle
Regional Park. The City of Eagle is requesting approval of an annexation and rezone from RP (Rural
Preservation - Ada County designation) to PS (Public/Semipublic). The 277.8I-acre site consisting of
two (2) parcels (parcel numbers S0220438500 and S0221233 800) is generally located approximately 0.5
miles north of the intersection of Quarter Circle Drive and Willow Creek Road adjacent to each side of
Willow Creek Road. (MJW)
Mayor introduces the items 8D and 8E. The public testimony will be heard on both items at the same
time with separate motions being made on each application.
City Planner, Mike Williams reviews the application.
Semanko arrives in person at meeting. 7:55 p.m.
Mayor opens the public hearing.
Lita Fry 4122 Homer Rd. Eagle, Idaho. Ms. Fry is in favor of this application. She encourages the
Council to watch Ken Bums National Parks special on PBS to see what can be done with parks. This is a
great opportunity for the Council to do great things for future generations.
Joan Langdon, 4690 Hartley Road, Eagle, Idaho. Ms. Langdon represents the several riders groups. She
is glad that their previous suggestions have been forwarded to the Council. They are excited for the
opportunity this presents. Hopefully there will be an increase in safety for those who want to ride horses
and otherwise enjoy the land. It is so important that the horse riders be involved in the planning process
and hope that their input can be fostered.
Myron Amsden 23112 Blessinger Star, Idaho. Mr. Amsden is in hopes that this annexation will enhance
the riding experience for the riders in the Valley.
John Thornton 5264 N. Skyhigh Lane Eagle, Idaho. Mr. Thornton shares the same passions and opinions
ofthe two previous people, but he is opposed to the application. Mr. Horton reads a letter into the record
that he provided to Councilmember Huffaker in April 2009. (letter attached). Mr. Thornton feels this is
an unnecessary burden for the residents of Eagle and that the goals could be achieved by working directly
with the BLM. Also provided is a copy of Senate bill 1131 that was passed in November of2006 called
the Idaho Land Enhancement Act. (attached) Mr. Thronton reviews the same.
Semanko verifies with staff and legal counsel that these applications do not change property ownership;
it only brings the property into City limits and rezones it.. Mayor Bandy reads a record from Rosi
Thomas formerly ofthe BLM. The ownership and maintenance of the land will not change; it remains
under the control of the BLM. Shoushtarian does not feel that the BLM is the applicant, it is the City of
Eagle and this is his concern.
Mayor closes the public hearing.
Oiscllssion. Shoushtarian expresses his concern with bringing this land into City limits. Does not feel it
would be fiscally responsible. He does not see the annexation and rezone as a separate issue from the
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proposed park. Jackson-Heim does not feel that by annexing and rezoning the property it is binding the
city financially. It currently doesn't bind the city financially and she is in favor ofthe application. The
development of the park, if it does ever come to fruition, will not occur for several years down the road.
Discussion. Huffaker notes that if the property is annexed then the City will have influence on the future
development of the land, weather it is developed by the City, BLM or someone else.
Jackson-Heim: Are they still doing the payments in lieu oftaxes because the Federal Government
provides payments to municipalities and counties in lieu of property taxes when there is government land
within their boundaries that cannot be assessed property taxes because it is owned by the government.
General discussion.
Huffaker moves to approve 8D A-09-09/RZ-I0-09 - Annexation and Rezone from RP and RR
(Rural Preservation and Rural Residential- Ada County Designations) to PS (Public/Semipublic) -
City of Eagle: Seconded by Semanko. Discussion. THREE AYE; ONE NAY
(Shoushtarian).. .MOTION CARRIES.
Shoushtarian feels that it is great to have a regional park, for the City to have it. But financially, right
now, the City cannot afford to start spending money for the maintenance on the park - not now and not in
the near future, and he does not want to add any additional burden on our budget at this point.
Huffaker moves to approve 8E, A-IO-09/RZ-ll-09 - Annexation and Rezone from RP (Rural
Preservation - (Ada County Designation) to PS (Public/Semipublic) - City of Eagle. Seconded by
Jackson-Heim. THREE AYE...ONE NAY (Shoushtarian)...MOTION CARRIES.
Huffaker moves to continue agenda item 7B to October 27, 2009. Seconded by Jackson-Heim.
ALL AYE...MOTION CARRIES.
City Attorney: This is for pending litigation on the Charney case.
Huffaker moves to go into executive session for pending litigation on the Charney case. per Idaho
State Code 6723(f). Seconded by Jackson-Heim. HUFFAKER AYE; SHOUSHTARIAN AYE;
SEMANKO AYE; JACKSON-HElM AYE...MOTION CARRIES.
Council goes into Executive Session and discusses pending litigation on the Charney case.
Council leaves Executive Session.
9. UNFINISHED BUSINESS: NONE
10. ADJOURNMENT:
Semanko moves to adjourn 8:45pm. Seconded by Huffaker. ALL AYES: MOTION
CARRIES...
Hearing no further business, the Council meeting adjourned at 8:45 p.m.
Respectfully submitted:
l.krl.&<h__ k ~~
--SHARON K. BERGMANN
CITY CLERK/TREASURER
PHILLIP J. BANDY
MA YOR
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A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT EAGLE CITY
HALL
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GRAVEL MINING, CRUSHING AND SALES
OPERATION COMING TO TWO RIVERS.
Are you interested? Read on.
Two Rivers Homeowners Association
October 20, 2009
Dear Residents of Two Rivers,
Ron Sali, represented by Doug Russell with The Land Group, Inc., has requested approval
of an annexation and rezone for 65 acres of land immediately west of Two Rivers on the
south side of Mace Road. They are requesting up to one unit per five acre site with a
development agreement. The site will include a lake consisting of 33 acres.
This may sound like good news on the surface. But underlying that news is the real truth.
This request for zoning change only indirectly (at most) speaks to the bottom line reason
for the request. That is to operate a gravel mining, crushing and sales operation on the
subject property for the next 10 years. Only at the conclusion of the operation is the
remaining pit scheduled to be converted to a lake with about five home sites around it.
Your Two Rivers HOA Board of Directors is highly opposed to this rezoning action and
previously passed a resolution stating its position. That resolution was submitted to the
City of Eagle Zoning Department. In part, the resolution pointed out that:
• The gravel pit operation is specifically prohibited by the Eagle City Code.
• There will be resulting significant air and noise pollution that will negatively
impact the quality of life and property values within the Two Rivers
Subdivisions.
Additionally, the operation will create added traffic and safety concerns for our
neighborhood, and may invite unwanted foot traffic in our common areas.
Your Board of Directors encourages you to attend the Eagle City Council Meeting
and show your opposition to this project. It is important that we have as many
residents as possible in attendance and sign in to oppose this zoning request. Please
get involved!
When: October 27, 2009, 6:30 p.m.
Where: Eagle City Hall, 660 E. Civic Lane
Thank you for your support in helping to maintain the quiet, healthy and safe environment
we currently enjoy in Two Rivers.
Clark Benson, President
Two Rivers HOA
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City of Eagle Police
Monthly Report September 2009
('mull :1 11 I3I .' ('rime
Person Crime*
Property Crime*
Society Crime*
Total
Felony
Misdemeanor
# of Reported Crimes
YTD
2008 2009
94
271
48
413
69
199
76
344
Clearance
Rate 2009
79.7%
25.1%
85.5%
49.4%
2009
July August September
9
16
6
31
171 153 36.6% 15
242 191 59.7% 16
2
23
2
27
15
12
4
20
9
33
13
20
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
rim Person Property Emu Society —2008 Monthly Average
City of Eagle Population
COMPASS 2008: 21,090
COMPASS 2009: 21,370
% Change 1.3%
Croup A NIBRS Crime Rate YTD
(per 1,000)
2008: 19.6
2009: 16.1
% Change -17.8%
2008 Clearance Rates
Person: 81.5%
Property: 28.9%
Society: 96.2%
Total: 50.3%
Felony: 36.9%
Misdemeanor: 59.6%
*Group A Ni13RS Crime include the Person, Property, and Society offense categoncs listed below
*Person Crimes Assault. I fonyrerde, Kidnapping/ Abduction, Forcible and Non -forcible Sc.( Offenses
*Property Crimes. Arson Bribery, Burglary, Counterfeiting/ Forgery. Destruction Manage/ Vuiulnhtim of Property.
Embezzlement, Extortion Blackmail. Fraud Offenses. Larceny 1 hell Offenses, Motor Velncic Theft. Robbery. Stolen Progeny
Offenses
*Society Crimes: Doug/ Ntncouc Offenses. Gatnblute. Pon,oeraohu, Obscene Material. Prostitution. Weapon Law Violations
Police Aclivity
Calls For Servicet
Total Response Time
Code 3$ Response Time
Officer -1n itiated t
Proactivet
Reports (DR's)
Arrests§
Citations
# of Incidents
YTD 2009
2008 2009 July Au ust
3,132 3,196 404 3II, 0
6:39 6:56 7:05 6:38
2:53 3:02 3.16 2:34
6.150 6,406 523 564
2,734 2,039 165 175
1,340 1,265 127 1 1 6
346 334 26 20
1,494 1,308 66 98
SeRtember
357
6:53
3:09
669
181
124
39
104
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
Calls For Service
Provided By ACSO/CAU/Ih
Officer -initiated
Proactive 2008 Monthly Average
Data obtained from New World, CAD, Legacy AS400. ISTARS, and ETD WebCers databases
Page I oft
September 2009
Top Calls For Service
Burglary Alarm
Attempt To Locate Drunk Driver
Attempt To Locate Reckless Driver
Auto Accident Non -Injury
Suspicious Vehicle
tCalls For Service. Citizen generated calls (4l I,
non -emergency number, and cell phone]:
obheated tune
tOfficer-Initiated Traffic stops, field interviews,
flag downs, & citizen contacts. unohligated time
tProecrive. Directed patrols, selective traffic
entoreemenl, & prohlem solving; unobligated
time
:Code 3: Call requiring an Emergency Response
when one or more of the following conditions is
believed to exist: situation involves imminent
potential for serious injury or death 10 any
persons. in ordcr to pier eut or halt a crime of
violence. when a serious public hazard exists. or
emergency response will enhance the likelihood
of apprehending a felony suspect.
;Arrest totals arc bused on the area in which the
original crime occurred.
Dola queued 10/12/09
Properly ('ritne
Vehicle Burglary
Residential Burglary
Commercial Burglary
Construction Burglary
Vandalism
Other"''
Total
YTD
2009
2008 2009 September
47 28 3
29 24 2
11 6 0
7 1 0
68 41 4
109 99 11
271 199 20
Construction Site Check 790 337 18
Property/Security Check 1,501 1,233 111
40
30
U
d 20
t_
o. 10
v
ac
"-0 0
tt
-• >0 co
u
z
CCo W
� LL
g a g
3 L
Q
400
300 ,',
u
200
0
100 3r
0
A Burglaries & Vandalisms
—6—Construction Site/Property/Security Checks
""Ufner rroperty Lnmes luclude:
Arson, Bribery. Counterfeiting/ Forgery, Embezzlement. Estonion/ Blackmail, Fraud, Larceny/ Thelt, Motor
Vehicle Theft. Robbery. and Stolen Propcny Offenses
lig Tracking of Construction Site Checks began
in March 2007
YTD
2009
2008 2009 July August September
Crashes
Property Damage 108 89 11 11
Personal injury 67 55 3 10
Fatal 1 0 0 0
Total 176 144 14 21
Alcohol -Related Crashes 11 3 0 1
Traffic Stops
DUI Arrests
DWP Citations
Moving Citations
# of Crashes
25
20 •
15 .
10
5
4,334 4,941 376 434
55 63 3 7
56 123 11 8
826 649 25 53
5
7
0
12
0
507
6
15
48
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
MIN Property Damage
Personal Injury Fatal - 2008 Monthly Average
July - September 2009
Top Crash Intersections
Eagle Rd & Chinden Blvd
Eagle Rd & Highway 44
State St & Fisher Park Wy
Eagle Rd & Riverside Dr/ Rivershore Ln
Proyrdcd By ACSOICAUtth
September 2009
Crashes by Time of Day
0000-0600 hrs 0
0600-0900 hrs 4
0900-1200 hrs 5
1200-1500 hrs 0
1500-1800 hrs 3
1800-2100 hrs 0
2100-2400 hrs 0
September 2009
Crashes by Day of Week
Sunday 1
Monday 0
Tuesday 1
Wednesday 5
Thursday 1
Friday 2
Saturday 2
September 2009
Top Crash Contributing
Circumstances
Following Too Close
Inattention
Dant obtnned from New World. CAD, Legacy AS400. [STARS. and rTD WebCars databases Data quened 10/12/09
Page 2 of 2
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP
RZ-19-06 MOD — Development Agreement Modification - M3 Companies, LLC
October 27, 2009
TESTIFY PRO/ CON or
NAME ADDRESS YES/NO NEUTRAL
S.1131
One hundred Plinth Congress
of the
United 4States of gmerica
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, ono thousand and six
To authorize the exchange of certain Federal land within the State of Idaho. and
for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "Idaho Land Enhancement Act".
SEC. 4. DEFINITIONS.
In this Act
(1) AGREEMENT.—The term "Agreement" means the agree-
ment executed in April 2005 entitled "Agreement to Initiate
Boise Foothills—Northern Idaho Land Exchange", as modified
by the agreement executed in March 2006 entitled "Amendment
No. 1", and entered into by—
(A) the Bureau of Land Management;
(B) the Forest Service;
(C) the State; and
(D) the City.
(2) BUREAU OF LAND MANAGEMENT LAND.—The term
"Bureau of Land Management land" means the approximately
605 acres of land administered by the Bureau of Land Manage-
ment (including all appurtenances to the land) that is proposed
to be acquired by the State, as identified in exhibit A2 of
the Agreement and as generally depicted on the maps.
(3) BOARD.—The term "Board" means the Idaho State
Board of Land Commissioners.
(4) Crrv.—The term "City" means the city of Boise, Idaho.
(5) FEDERAL. LAND.—The term "Federal land" means the
Bureau of Land Management land and the National Forest
System land.
(6) MAPS.—The term "maps" means maps 1 through 7
entitled "Parcel Identification Map: Idaho Lands Enhancement
Act Land Exchange" and dated February 28, 2006.
(7) NATIONAL FOREST SYSTEM LAND.—The term "National
Forest System land" means the approximately 7,220 acres of
land (including all appurtenances to the land) that is—
(A) administered by the Secretary of Agriculture in
the Idaho Panhandle National Forests and the Clearwater
National Forest
(B) proposed to be acquired by the State;
(C) identified in exhibit A2 of the Agreement; and
(D) generally depicted on the maps.
CCioli3/07
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S. 1131-2
(8) SECRETARY.—The term "Secretary" means the Secretary
of the Interior.
(9) STATE.—The term "State" means the State of Idaho,
Department of Lands.
(10) STATE LAND.—The term "State land" means the
approximately 11,815 acres of land (including all appurtenances
to the land) administered by the State that is proposed to
be acquired by the United States, as identified in exhibit Al
of the Agreement and as generally depicted on the maps.
SEC. S. LAND EXCHANGE.
(a) IN GENERAL.—In accordance with the Agreement and this
Act, if the State offers to convey the State land to the United
States, the Secretary and the Secretary of Agriculture shall—
(1) accept the offer; and
(2) on receipt of title to the State land, simultaneously
convey to the State the Federal land.
(b) VALID EXISTING RIGHTs.—The conveyance of the Federal
land and State land shall be subject to all valid existing rights.
(c) EQUAL VALUE EXCHANGE.—
(1) IN GENERAL.—The value of the Federal land and State
land to be exchanged under this Act—
(A) shall be equal; or
(B) shall be made equal in accordance with subsection
(d).
(2) APPRAISALS.—The value of the Federal land and State
land shall be determined in accordance with appraisals—
(A) conducted in accordance with—
(i) the Uniform Appraisal Standards for Federal
Land Acquisitions; and
(ii) the Uniform Standards of Professional
Appraisal Practice;
(B) reviewed by an interdepartmental review team
comprised of representatives of Federal and State agencies;
and
(C) approved by the Secretary or the Secretary of Agri-
culture, as appropriate.
(3) TERM OF APPROvAL. The term of approval of the
appraisals by the interdepartmental review team is extended
to September 13, 2008.
(d) CASH EQUALIZATION.—
(1) IN GENERAL—If the value of the Federal land and
State land is not equal, the value may be equalized by the
payment of cash to the United States or to the State, as
appropriate, in accordance with section 206(b) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)).
(2) DISPOSITION AND USE OF PROCEEDS.—
(A) DISPOSITION OF PROCEEDS.—Any cash equalization
payments received by the United States under paragraph
(1) shall be deposited in the fund established under Public
Law 90-171 (commonly known as the "Sisk Act") (16 U.S.C.
484a).
(B) USE OF PROCEEDS.—Amounts deposited under
subparagraph (A) shall be available to the Secretary of
Agriculture, without further appropriation and until
expended, for the acquisition of land and interests in land
for addition to the National Forest System in the State.
S. 1131-3
(e) TIMING.—It is the intent of Congress that the land exchange
authorized and directed by this Act shall be completed not later
than 180 days after the date of enactment of this Act.
(f) RIGHTS-OF-WAY.—
(1) RIGHTS-OF-WAY TO NATIONAL FOREST SYSTEM LAND.—
The Secretary of Agriculture, under the authority of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701
et seq.), shall convey to the State any easements or other
rights-of-way to National Forest System land that are—
(A) appropriate to provide access to the National Forest
System land acquired by the State; and
(B) agreed to by the Secretary of Agriculture and the
State.
(2) RIGHTS-OF-WAY TO STATE LAND.—The State shall convey
to the United States any easements or other rights-of-way
to land owned by the State that are—
(A) appropriate to provide access to the State land
acquired by the United States; and
(B) agreed to by—
(1) the Secretary or the Secretary of Agriculture;
and
(ii) the State.
(g) Cosrs.—The City, either directly or through a collection
agreement with the Secretary and the Secretary of Agriculture,
shall pay the administrative costs associated with the conveyance
of the Federal land and State land, including the costs of any
field inspections, environmental analyses, appraisals, title examina-
tions, and deed and patent preparations.
SEC. 4. MANAGEMENT OF FEDERAL LAND.
(a) TRANSFER OF ADMINISTRATIVE JURISDICTION.—
(1) IN GENERAL.—There is transferred from the Secretary
to the Secretary of Agriculture administrative jurisdiction over
the land described in paragraph (2).
(2) DESCRIPTION OF LAND.—The land referred to in para-
graph (1) is the approximately 2,110 acres of land that is
administered by the Bureau of Land Management and located
in Shoshone County, Idaho, as generally identified in exhibit
A3 of the Agreement.
(3) WILDERNESS STUDY AREAS.—Any land designated as
a Wilderness Study Area that is transferred to the Secretary
of Agriculture under paragraph (1) shall be managed in a
manner that preserves the suitability of land for designation
as wilderness until Congress determines otherwise.
(b) ADDITIONS TO THE NATIONAL FOREST SYSTEM.—The Sec-
retary of Agriculture shall administer any land transferred to,
or conveyed to the United States for administration by, the Sec-
retary of Agriculture in accordance with—
(1) the Act of March 1, 1911 (commonly known as the
"Weeks Act") (16 U.S.C. 480 et seq.); and
(2) the laws (including regulations) applicable to the
National Forest System.
(c) LAND To BE MANAGED BY THE SECRETARY.—The Secretary
shall administer any State land conveyed to the United States
under this Act for administration by the Secretary in accordance
with—
S. 1131— 4
(1) the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.); and
(2) other applicable laws.
(d) LAND AND WATER CONSERVATION FUND.—For purposes of
section 7 of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 4601-9), the boundaries of the Idaho Panhandle National
Forests and the Clearwater National Forest shall be considered
to be the boundaries of the Idaho Panhandle National Forests
and the Clearwater National Forest, respectively, as of' January
1, 1965.
SEC. 5. MISCELLANEOUS PROVISIONS.
(a) LEGAL DESCRIPTIONS.—The Secretary, the Secretary of Agri-
culture, and the Board may modify the descriptions of land specified
in the Agreement to—
(1) correct errors; or
(2) make minor adjustments to the parcels based on a
survey or other means.
(b) REVOCATION OF ORDERS.—Subject to valid existing rights,
any public land orders withdrawing any of the Federal land from
appropriation or disposal under the public land laws are revoked
to the extent necessary to permit disposal of the Federal land.
(c) WITHDRAWALS.—
(1) FEDERAL LAND.—Subject to valid existing rights,
pending completion of the land exchange, the Federal land
is withdrawn from—
(A) all forms of location, entry, and patent under the
mining and public land laws; and
(B) disposition under the mineral leasing laws and
the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et
seq.).
(2) STATE LAND.—Subject to valid existing rights, the land
transferred to the United States under this Act is withdrawn
• from—
(A) all forms of location, entry, and patent under the
mining and public land laws; and
(B) disposition under the mineral leasing laws and
the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et
seq.).
(3) EFFECT.—Nothing in this section precludes the Sec-
retary or the Secretary of Agriculture from using common vari-
eties of mineral materials for construction and maintenance
S.1131-5
of Federal roads and facilities on the State land acquired under
this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
cc /ob3k y
April 22, 2009
Council Chair Michael Huffaker
City of Eagle
660 Civic Lane
Eagle, ID 83616
Re: City acquisitions and park development concept, 2000 BLM acres, SH 16 and
Beacon Light Road
Dear Councilman Huffaker:
We have been closely following the City's plans for the 2000 acre BLM parcel ever since
the City proposed to acquire the land through the RPPA process. It is our understanding
that the City's intent has been to protect this land from "disposal" and subsequent
purchase/development by private parties. The premise is that pockets of BLM and State
land surrounded by urbanized areas are more difficult and burdensome to manage and are
sold off for development. In most meetings concerning the future of this land, Eagle used
this reasoning as the guiding factor in moving forward quickly and decisively to
"encumber" the land before it succumbs to this very fate. We can certainly understand
this line of reasoning and applaud the City for attempting to protect what is, in our view,
a tremendous asset for the community.
As I am sure you are aware, the BLM, Boise District Office is preparing a Resource
Management Plan/Environmental Impact Statement (RMP/EIS) for the Four Rivers Field
Office Planning area (which includes this 2000 acre parcel) to provide for more
consistent and integrated land use decisions. Due to the lengthy process involved in
preparing an RMP/EIS, the 2000 acre BLM parcel is essentially "off-limits" until the plan
is completed. It is our understanding that the RMP/EIS generally takes about four years.
Given that fact, there really is no reason the City needs to push through the RPPA
immediately. There is plenty of time to consider whether "improvements" which are
required by the RPPA, ongoing maintenance costs and the very likely risk of
"urbanizing" the area (depending on what elements are included) are worth it to Eagle
taxpayers and current BLM users — who may be asked to pay a fee to use land they
currently enjoy for free.
We'd like to make you aware of another approach that is being used in the foothills
across the Boise front. In November of 2006, S. 1131, the Idaho Land Enhancement Act
became law. This bill, sponsored by Senator Larry Craig, authorized the Forest Service,
and the BLM to enter into a collaborative land exchange with the State of Idaho and the
City of Boise. It was initiated by Boise to preserve open space in the Boise foothills for
scenic value as well as recreational uses. According to the testimony of Joel Holtrop,
Deputy Chief, National Forest System, USFS, USDA before the subcommittee on Public
Lands and Forests of the US senate, he stated, "To reduce the potential of scenic and
recreational lands that are highly valued by the City of Boise from being developed, S.
1131 proposes to convey lands in the foothills from the State of Idaho to the BLM and
the Forest Service." He goes on to further testify that, "The proposed land exchange
addresses threats of unmanaged recreational use, habitat fragmentation and fire and fuels
reduction in both Northern and Southern Idaho."
This collaborative effort, whereby the BLM is actually acquiring approximately 5,000
acres across the Boise front, challenges the contention that the BLM is set to dispose of
land parcels in increasingly urbanized areas. Since this was the logic used for pursuing
the RPPA, it might be prudent to step back for a moment and rethink this approach.
As the City of Eagle has shown in its recent presentation, the RPPA proposal will require
funds for upfront improvements as well as funds for ongoing maintenance expenses to
meet the criteria of the RPPA. This is an expense the City is obligating its taxpayers to
pay ad infinitum and in these tough economic times, when Eagle is cutting library hours
and police coverage to meet budget deficits, it may be a hard sell. It is reassuring to
know, however, that there are other ways to achieve the goal of preserving public lands in
the Eagle foothills ...
Respectfully,
John Thorn on
Kathy Pennisi
Note: These views represent those of the authors, not of any organization.
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP
SUBJECT: A-09-09/RZ-10-09 - Annexation and Rezone from RP and RR (Rural Preservation and Rural
Residential - Ada County DesiEnations) to PS (Public/Seminublicl - City of EaE1e:
October 13, 2009
NAME
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ADDRESS
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TESTIFY PRO/ CON or
YES/NO NEUTRAL
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EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP
SUBJECT: A-10-09/RZ-11-09 - Annexation and Rezone from RP (Rural Preservation — (Ada County Designation)
to PS (Public/Seminublic) - City of Eagle:
October 13, 2009
TESTIFY PRO/ CON or
NAME ADDRESS YES/NO NEUTRAL
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PUBLIC HEARING SIGN-UP
SUBJECT: A-08-09/RZ-09-09 - Annexation and Rezone From RUT (Rural — Urban Transition — Ada
County designation) to A -R -DA (Agricultural — Residential with a Development Agreement) M3 Eagle,
LLC:
October 13, 2009
NAME
LA'kvj /1(4k
ADDRESS
35337 ko_ pLor ( t»
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Ye -5 I re,
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP
SUBJECT: A-07-09/RZ-09-09 & PP/FP-01-09 - Annexation And Rezone From RUT to A -R -DA and
Combined Preliminary and Final Plat for Sulik Subdivision — Paul and Susan Sulik:
October 13, 2009
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( (4/ 0.vm b4r P
by
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PUBLIC HEARING SIGN-UP
SUBJECT: A-5-09 & RZ-6-09 Annexation and Rezone From RUT (Rural - Urban Transition - Ada
County designation )A -R to A -R -DA (Agricultural - Residential with a Development Agreement) - Ron
Sali:
October 13, 2009
ADDRESS
NAME
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