Minutes - 1998 - City Council - 10/13/1998 - RegularORIGINAL
EAGLE CITY COUNCIL MEETING
MINUTES
October 13, 1998
PRECOUNCIL: 6:30 p.m. - 7:30 p.m.
1. Planning & Zoning Commission Liaison Report. No report.
2. Sheriff's Monthly Report and discussion on Sub-Station. Sgt. Freeman distributes the
monthly report and discusses the same. General discussion. Mayor discusses the sub-station
and the possibility of renting space in the new Library building. Sgt. Freeman will meet with the
Library Board on Monday night. General discussion.
3. Ron Marshall, Chairman, Historical Preservation Commission: Eagle City Library Building.
Ron: Discusses Eagle City Ordinance in regards to the Historical Preservation Commission. One
of the key ttfmgs in the ordinance is "acquisition of property". The old Library building is about
50 years old and falls under the criteria of the City Ordinance. Ron is proposing to save this
building for a museum. Ron and the City Building Official, Mike Mongelli, inspected the
property today. The foundation is good, the walls are straight and the roof is not to bad. The
museum fits in with the Downtown Development Plan. We feel we could solicit funds through
donations and producing at tape. We could get volunteers to keep the museum open. Ron
discusses the types of items that the Historic Commission could put in the museum and displays a
few of the items. Run asks the Council not sell the building and to appropriate $2,000 to buy
some display cases. Ron suggests that each Council Member take a pole of the citizens to see
how they feel about a museum in this location. Distributes the Building Officials report on the
building. Ron feels that $15,000 or less would put that building in shape. General discussion.
4. Claire Bowman, APA: Discussion on the Transportation Improvement Program. Erv Olen
from APA discussed the Transportation Improvement Program and distributed a list of priorities
to Council. General discussion.
5. Mayor and Council's Reports. Merrill reports on the 84 Acre Ada County Park. Discusses
the master plan. Ada County wants the money allocated by the City to be put into a pot to be
distributed by Ada County. Ada County would like The Land Group to do the Master Plan. The
City would need to amend the contract with The Land Group. General discussion.
6. City Clerk/Treasurer's Report. No report.
7. Zoning Administrator's Report (Proposed joint City Council and Design Review Board
meeting October 27, 1998 at 6:00 PM - for City entry signage) Discusses Echo Creek request on
moving a fence and abandoning an easement.
Jim, 1510 N. Trail Creek Way. Phase I Homeowners Group. Discusses recouping some of their
property since new Highway 55 was constructed. Would like to move a fence and abandon the
greenbelt easement. General discussion.
City Attorney: Look at the easement that the City holds and allow the easement to be
encumbered by a fence.
Butler: Discusses the City entry sign and the possibility of having a joint meeting with the
Design Review Board and the Council on October 27, 1998.
1. City Engineer's Report: No report
2. City Attorney's Report. No report
Mayor calls a recess at 7:30 p.m.
Mayor reconvenes meeting at 7:35 p.m.
COUNCIL: 7:40 p.m.
1. CALL TO ORDER:
2. ROLL CALL: Bashan, Merrill, Sedlacek, Guerber. A quorum is present.
3. PLEDGE OF ALLEGIANCE:
4. 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 Council
Member, 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 detemfmed by the Rules of Order.
· Any item on the Consent Agenda which contains written Conditions of Approval
from the City of Eagle City Staff, Planning & Zoning Commission, or Design
Review Board shall be adopted as part of the City Council's Consent Agenda
approval motion unless specifically stated otherwise.
A. Minutes of September 22, 1998
B. Minutes of September 29, 1998
C. Minutes of October 6, 1998
D. Claims Against the City
E. Findings and Conclusions for RZ-5-98 - From A (A~,riculturel to CBD (Central
Business District] - Ron Bath: Project Description - Eagle Pavilion Investors, LLC,
represented by Ron Bath, is requesting a rezone from A (Agriculture) to CBD
(Central Business District). The 10.2-acre site is located on the northeast comer of
Eagle Road and State Highway 44 at 480 S. Eagle Road. (MLB)
F. Findings and Conclusions for PP-4-98 - Eaele Pavilion Subdivision - Ron Bath:
Project Description -Eagle Pavilion Investors, LLC, represented by Ron Bath, is
requesting prelinfmary plat approval for Eagle Pavilion Subdivision, a 10.2-acre, 7-
lot commercial subdivision located on the northeast comer of Eagle Road and State
Highway 44 at 480 S. Eagle Road. (MLB)
G. Findings and Conclusions for CU-6-98 - Bank with Drive-up Service - Ron
Bath: Project Description - Eagle Pavilion Investors, LLC, represented by Ron
Bath, is requesting a conditional use permit for a 4,200 sq. ft. bank with drive-up
service. The 10.2-acre site is located on the northeast comer of Eagle Road and State
Highway 44 at 480 S. Eagle Road. (MLB)
H. Resolution No. 98-12: Modification of the Eagle City Personnel Policy and
Procedure Manual..(SKS)
Merrill moves to approve the Consent Agenda. Seconded by Sedlacek. Guerber would like
the September 22, 1998, minutes removed from the consent agenda. ALL AYE: MOTION
CARRIES .................
4A. Guerber requests clarification of the September 22, 1998, minutes. At the end of the public
nd
hearing on the 22 on Brookwood I made the motion that we continue the public hearing to
October 13, 1998, in order to visit the site and to allow written testimony to continue until
tonight. It looks like we will be opening that up, but that was not what my motion was. I had
intended to hopefully be able to move ahead with this. We need to start bringing this to a close.
The motion was to allow written testimony to continue to the 13t~.
Guerber moves to approve the minutes as corrected. Seconded by Merrill. THREE
AYES: ONE NAY: MOTION CARRIES .................. Discussion.
5. UNFINISHED BUSINESS:
A. Update on Island Wood and Arboretum Bridge. (City Engineer)
Mayor introduces the issue.
Ken Rice, Holladay Engineering. We did the field survey for the two bridges today. We should
have some results in about two weeks.
B. Award of Park Maintenance Bid. (SKS)
Mayor introduces the issue. General discussion.
Sedlacek moves to accept the Park Maintenance Bid including the snow removal from
Trautman Lawn & Landscape Company. Seconded by Guerber. Bastian; AYE: Merrill;
AYE: Sedlacek; AYE: Guerber; AYE: ALL AYE: MOTION CARRIES ..........
Eagle Library Rebid Costs. (RY)
Mayor introduces the issue.
Joe Rausch, Wright Brothers Building Company. Federal Express charge on the billing was for
sending plans to Twin Falls. General discussion.
Merrill moves to accept the Eagle Library rebid costs and pay the claim. Seconded by
Guerber. THREE AYE: ONE NAY: MOTION CARRIES ...............
D. Review and discussion on proposed contract with Moore & McFadden. (City Attorney)
Mayor introduces the issue.
Susan Buxton, Moore and McFadden. Discusses the proposed contract. General discussion.
Merrill moves to accept the agreement for services from Moore & McFadden. Seconded by
Bastian. Bastian; AYE: Merrill; AYE: Sedlacek; AYE: Guerber; AYE: ALL AYE:
MOTION CARRIES ............
E. Revlew and discussion on proposed contract with Drainage District #2. (City Attorney)
Mayor introduces the issue.
Susan Buxton, Moore and McFadden. Distributes copies of the proposed contract to City
Council and discusses the history of the problem and the proposed contract.
Merrill moves to continue this item to the next scheduled City Council meeting. Seconded
by Sedlacek. ALL AYE: MOTION CARRIES ............
General discussion on the proposed contract.
F. Status update regarding Council requested Design Review Ordinance changes. This item
was continued from the 9/22/98 City Council Meeting.
Mayor introduces the issue.
Butler: I have been too busy to get to this. We need to discuss this later on in the Agenda under
the priority of my tasks.
G. Discussion of Ordinance to sell current Library Buildint. This item was continued from
the 9/22/98 City Council Meeting
Mayor introduces the issue. We discussed this in Pre-Council and it will come back before the
Council at a later date.
II. DR-18-98 (Appeal) - Montessori Child Care Center and Temporary Structures - B.B.
One: (Council member Merrill has requested the Zoning Administrator appeal this item to
Council.) B.B. One, represented by Dennis M. Baker, is requesting design review approval for a
13,729 sq. ft. Montessori child care center and commercial tenant space and three temporary
structures to be located within Channel Center commercial subdivision. The 2.9-acre site is
located is located near the southwest corner of State IIighway 44 and S. Eagle Road at 655 S.
Rivershorc Lane. Changes to the building design have been made pursuant to the July 28, 1998,
Council direction. (MLB)
Mayor introduces the issue.
Butler: This was reviewed by the Design Review Board and approval was not within the
guidelines that the City Council wanted.
Merrill: This went back to Design Review and the elevations were revamped. We are looking at
the exterior elevations. General discussion.
Dan Torffin, representing B.B. One. Discusses the changes that were made to the plan.
Further discussion. Bastian feels that the applicant or whoever designed the building should have
attended the meeting to present the design and answer questions.
Bastian moves to continue this to the next regular meeting. Seconded by Merrill.
Discussion. ALL AYE: MOTION CARRIES ............
6. PUBLIC HEARINGS:
A. RZ-8-97/CU-6-97fPPUD-I-97/PP-2-97 Brookwood Subdivision - Mike Hormaechea:
Hormaechea LTD, represented by Mike Hormaechea, is requesting a rezone from A
(Agricultural) to R-2-P (Residential two units per acre maximum - PUD) and R-4-P (Residential
four units per acre maximum - PUD) with a development agreement, and conditional use,
planned unit development preliminary development plan, and preliminary plat approvals for
Brookwood Planned Community. The development consists of a 219.2-acre, 457-1ot (411-
buildable) residential subdivision. The site is located at the northeast corner of Floating Feather
Road and Eagle Road, approximately one mile north of State Street. (Note: The Commission
heard testimony on all four applications at one time but took separate action on each application.)
This item was continued from the September 22, 1998, Council meeting. (MLB)
Mayor introduces the issue.
Mayor re-opens the continued Public Hearing.
David Kent, 355 Rooster Drive. My concems are the floodway and the changes in the floodway
and the flood plain. Also, the natural beauty of the area. I propose that it would be a low impact
use. Also concerned about the density of the subdivision; the school impact, the road impact. It
is out of character for this area. There is some positive aspects of the subdivision. Discusses the
review of the comp plan and the possible changes in zoning.
Steve Furchak, 1161 Hialeah Circle. I moved to this area because of its rural nature. The nature
of the town is changing with development. This subdivision seems to be a contradiction to the
density changes.
Earl Barnard, 212 E. Ranch Dr. Discusses the traffic problems that already exist in the area. My
concerns are the transportation and the traffic flow.
Sharon Bamard, 212 E. Ranch Dr. I support what has previously been stated. Discusses the
traffic problems. I have requested ACHD to put a stop light at Eagle Road and Ranch Drive.
Discussion on the impact fees. Private property rights are a real concern to me also.
Robert Yearsley, 505 Rooster Drive. I agree with the comments by David Kent. My property is
just to the right of Dry Creek. Address the floodway.
Phil Carney, 1353 Trevino. The community may not benefit with this development. Please don't
allow 400 homes to be built on this property. Discusses the traffic. Discusses the flood plain. I
ask that the City Council deny this development.
Sue Carney, 1353 Trevino. Discusses the rural area of Eagle. This should not be built because it
is in the flood plain. Traffic is also a concern.
Jackie Calinskey, 1072 N. Lopez Ave, I would like to go on record that I agree with everything
that has been said.
Betty Miller, 959 Prealmess, I have a problem with the potential flooding. ]he other problem is
density. Discusses the proposed comp plan. I agree with the proposed comp plan. We have said
that we want to be different than Boise and Meridian.
Pat Miller, 959 Preakness. The reason I moved here was the rural atmosphere. I volunteered to
be on the focus group on the proposed comp plan. The majority of the people on the focus group
wanted a rural atmosphere.
Marfi Taylor, 832 Hialeah Circle, I live in a one acre subdivision. I would like to urge you to
follow the proposed comp plan. We want the area to stay and retain the flavor.
Kerry Campbell, 1150 N. Lopez. I agree with everyone's opinion prior to mine. Discusses the
schools.
Jeffrey Rapp 152 S. Silverwood Way. Discusses the flood plain. I agree with all that has been
said previously. My concerns are the density, schools, rural feel and growth.
Dale Domerese 2306 E. Skokie Court. I submitted a petition to Mark Butler that addressed the
density. This document shows a concern and should be valid today.
Mike Sieler, 1125 Steeple View Drive. We have elected you to represent our collective desires.
Eagle is unique and Eagle is loosing this distinction. Development is higher density. Discusses
traffic, schools, density, services, flood plain and rural lifestyle.
Gary Gear, 1675 E. Stonybrook Court. I do oppose this development and I concur with
everything that has been mentioned tonight.
Pati Strithmeatter, 1520 Rush Road. We shopped around before we picked Eagle to move to. I
own a business. I am also a teacher. I am a tax payer and I am getting tired of the bond issues. I
encourage to vote no.
Jeff Huelse, 2330 E. Skokie Court. My main concern is the flood plain.
Judy Johnson, 583 W. Floating Feather. I am in full support of what has been said. I am against
the density.
Glida Bothwell, 642 Steeple View Dr. I was on the comp plan task force that looked at parks and
open spaces. These are real important to our community. We need to keep open space.
Tom Cornell, 470 E. Floating Feather. Don't build in the flood plain. We like the rural
atmosphere of Eagle. We are being pushed out literally. I'm going to have people in my
backyard.
Adele Davis, 2357 Brigantine Drive. We don't want density. Discusses the schools. We agree
with everything that has been said here tonight.
Christy Allen, 888 Preakness Dr. We came to Eagle because I grew up in a small community.
Discusses the proposed comp plan.
Delmar, 725 W. Floating Feather. I have studied the new proposed comp plan. I would like the
decision before you to reflect that comp plan and I don't know if this is possible. I live across
from the Middle School.
Brian Cook, 1082 Arlington. I am against the subdivision and the density. We don't want more
people, we don't want more density.
Laurie Campbell. 1023 Pemlico Drive I agree with what everyone has said. I am opposed to
this.
Ron Stone, 1495 Washam Rd. I teach at a high school in Meridian School District. I am going to
tell you to do what is right.
Julie Campbell, 199 Rooster Drive. My property backs up to this subdivision. I agree with
everyone's feelings tonight. I am opposed to this.
Patty Husk, 153 Rocky Drive. Please keep it rural.
Georgia Mackley, Director of Development for Lexington Hills. I think this is a great project. I
would be honored to work in this project and live in this project. I am a native Idahoan. How
many people here can say that.
Phil Whitener, 198 Rooster Drive. Over a year ago Mike presented this project to us. One thing
that he didn't hear is the number of units and the transition. I share everyone's feelings.
Mayor closes the Public Hearing.
Mayor calls a recess at 9:25 p.m.
Mayor reconvenes the meeting at 9:35p.m.
Mayor: I should have left the public hearing open to hear from the applicant.
Mayor: Is there written testimony?
Butler: I have two petitions and several letters.
Mike Hormaechea, Applicant. There seems to be three issue: Development in the flood plain,
density and comp plan. The proposal complies with all of these issues. It is our understanding
that our application falls under the existing comp plan. P&Z has found that the plan complies and
has recommend approval to the City Council. Discusses the flood way and the flood plain. This
plan will take place over 10-15 years. We believe there is a benefit to a planned unit
development. 58 acres of this development is open space. We tried to go over and above the
requirements.
Mike Wardle, 50 Broadway Ave. I became a resident of Eagle 55 ¥2 years ago. These issue
could have been raised in the past. A community grows and changes occur. Discusses density.
This project is not high density, it is a step down, it is less dense than Lexington Hills.
Distributes a set of conditions to Council and a colored schematic of sidewalks and discusses the
same.
Mayor closes the Public Heating. Written comment will be taken until Friday at 5:00 p.m.
General Council discussion and comments. Also questions and answers between City Council,
the Applicant and representatives of the Applicant. Discussion on set backs and density.
Lengthy discussion on the water issue and the flood way and flood plain.
Bastian moves to continue this discussion to the next regularly City Council meeting.
Seconded by Guerber. ALL AYE: MOTION CARRIES ............
Mayor calls a recess at 11:00 p.m.
Mayor reconvenes at 11:10 p.m.
Bastian moves to reconsider Item 5H, DR-18-98 (Appeal) - Montessori Child Care Center
and Temporary Structures, the individual that can make a presentation is here. Seconded
by Merrill. ALL AYE: MOTION CARRIES ............
Wes Steel, representing the applicant, apologizes for being late. Discusses the changes in the
elevations. General discussion.
Bastian moves to approve this application. Seconded by Merrill. ALL AYE: MOTION
CARRIES ............
B. VAC-1-98 - Vacation of the Final Plat of Edgewood Estates No. 3 - Larry Larawa¥:
Country Haven L.L.C., represented by Larry Laraway, is requesting City approval of a vacation
to the final plat of Edgewood Estates No. 3. The proposed vacation would allow the removal of
all easements along the common lot line between Lots 43 & 44, Block 2. The 4.8-acre site is
located on the east side of Edgewood Lane approximately 800-feet north of E. State Street.
(MLB)
Mayor introduces the issue.
Butler: The applicant is not here tonight and have requested that I make the presentation. Butler
presents a summary of the proposal. General discussion.
Mayor Opens the Public Hearing. No one is present to speak on this issue.
Mayor Closes the Public Hearing.
Guerber moves to approve. Seconded by Sedlacek. ALL AYE: MOTION
CARRIES ............
7. NEW BUSINESS:
A. LLA-1-98 - Lot Line Adjustment for Island Woods - Heudershot Construction: The
Zoning Administrator is requesting Council direction on how to proceed with a proposal from Ed
Hendershot, represented by Darren Leavitt with Arrow Land Surveying, to divide a portion of
section ground land and incorporate the portions of divided land into existing platted lots within
Island Woods Subdivision. (MLB)
Mayor introduces the issue.
Butler provides an overview. General discussion. There is going to be a meeting on this on
October 20, 1998.
B. Clear Creek Crossing (formerly Wintry River) Request for Waiver Of Fees: The
applicant, Doug Jayo, is requesting that Council waive all or part of the application fees and
engineering review fees for the preliminary plat application for Clear Creek Crossing (formerly
Wintry River). (MLB)
Mayor introduces the issue.
Doug Jayo, applicant. Discusses his request for waiving the fees. Mr. Butler just provided me a
letter that I owe $3,992.66 for engineering fees.
Vern Brewer, Holladay Engineering. Discusses the work they would be doing on this
application.
General discussion.
Basfian moves to deny the request for waiver of fees concerning Clear Creek Crossing
(formerly Wintry River). Seconded by Sedlacek. 3 AYE: 1 NAY: MOTION
CARRIES ............
C. RFP (Request For Proposal) For City Entry Signs And Landscaoin~: The Zoning
Administrator is requesting City Council approval for the RFP document for City entry signage.
(MLB)
Mayor introduces the issue.
Butler: I did not get to this.
D. Priority Of Zonino Administrator's Special Tasks and the City's Strate~,ic Annual
Goals. (RY)
Mayor introduces the issue.
Butler discusses his Special Tasks Priority List dated October 13, 1998. General discussion on
the list.
8. ADJOURNMENT:
Merrill moves to adjourn. Seconded by Sedlacek. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 12:00 a.m.
Respectfully submitted:
SMI
CITY CLERK/TREASURER
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MAYOR ~
Ataft
Eagle City Library Inspection October 13, 1998
fook, Cc /O -/.59P
The front door is an older style panel door. Glass in the door is not safety glazing. The
rear door is the same panel type door. The glass is again not safety glazing. The sill is
rotted out and the door does not seal weather tight.
The front windows are good. The rear window sill is rotted. The front of the building is in
good condition. The gas furnace has been upgraded with electronic ignition and has been
serviced. This is still an older unit and at best would be about 60% efficient it's a
downflow furnace that uses the area under the floor as a duct. The front of the building is
heated with an older gas wall heater. The efficiency of this unit is low.
The floor is a concrete slab that has a built up floor. The built up is accomplished by
sleepers( 2x4s on edge with a plywood floor over it). The floor squeaks as is typical in
this application. The sleepers are probably not treated material and could have some signs
of rot. The floor is sturdy as the weight of the books is being supported. The outer wall in
the rear has cracks in the mortar joints.
The bathroom has no hot water heater and the fixtures are inadequate for public use. The
rear soffet is rotted out and needs to be replaced. The roof does not leak but will need to
be sealed or need new covering within the next two years.
Mike Mongelli
Building Official
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EAGLE PLANNING AND ZONING C0MVIISSION
PLEASE do not preside over the demise of Eagle as a rural town with a distinct
personality! I strongly urge you to reverse the trend of over -development and over-
population that is a]ready under way in our city.
I believe that we a]ready have enough character -less sub -divisions, and should we allow
any more then you will turn our town into another Meridian- a town with absolutely no
detain element, unlfss you count a green water tower as character.
If people want to live in cookie -cutter houses on postage stamp sized lots, there are
hundreds of totally interchangeable communities they can choose from- places that are
identical except for the name on the sign.
Please preserve the identity of Eagle. A statue of a bird in front of a gas station is not
enoueh!
Vote to deny requests from developers for more or smaller lot
divisions!
Eric R.. Krueger
203 Northview Drive
Eagle 83616
r 939 9387
to
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EAGLE CITY COUNCIL
RECEIVED & FILED
CITY OF EAGLE
OCT 1 3 1998
File:
Route to Y'\
PLEASE do not preside over the demise of Eagle as a rural town with a distinct
personality! 1 strongly urge you to reverse the trend of over -development and over-
population
verpopulation that is already under way in our city.
believe that we already have enough character -less sub -divisions, and should we allow
any more then you will turn our town into another Meridian- a town with absolutely no
defining element, unless you count a green water tower as character.
If people want to live in cookie -cutter houses on postage stamp sized lots, there are
hundreds of totally interchangeable communities they can choose from- places that are
identical except for the name on the sign.
Please preserve the identity of Eagle. A statue of a bird in front of a gas station is not
enough!
Vote to deny rearrests from developers for more or smaller lot
divisions!
Eric R. Krueger
203 Northview Drive
Eagle 83616
939 9387
4
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t
October 7, 1998
Paul Sadlek
171 W. Lance Lane
Eagle, Idaho 83616
Eagle City Council
310 East State St
Eagle, Idaho 83616
RECEIVED & PILED
CITY OF EAGLE
OCT 119 1999
Route to Y"\
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I am writing to you regarding the upcoming town meeting and city council
vote on the Hormachia development on the NE corner of Eagle and Floating
Feather. I have attended and expressed my concerns at other meetings regarding
this property but unfortunately I am unable to attend this critical meeting.
I live on West Lance lane, which is the street directly north of the NW corner
of the same intersection. I am very concerned about all of the influences this
development will have on OUR community, and unfortunately, all of them are
negative.
I have the same concerns regarding traffic, schools, flooding, utilities,
population growth, and infrastructure as the rest of OUR community, and I am also
very concerned about the precedence you will be setting for the remainder of the
undeveloped property at that intersection. You must not only consider how another
411 homes will impact OUR community, but how 1644 homes on all 4 corners could
impact OUR community.
I have been reading how people are fleeing Meridian due to the chaos of over
development and the loss of quality of life, Meridian is ruined, don't allow Eagle to
make the same mistakes! Every metropolitan area has it's "gold star" communities,
and Eagle is on the way to becoming one of the top suburbs of Boise, don't derail
that prestige! There are plenty of places for high-density development in the valley,
and Eagle isn't one of them, keep Eagle rural.
Finally, I would like to remind you that all of you were elected to represent
the people of OUR community and the interests of OUR community. The people of
OUR community do not want this type of development at that location. The
developers have accused us of being selfish about OUR community, but they are
only concerned about THEIR profits.
Sincerely,
°L0S60---
Paul Sadlek
AlaN
October 12, 1998
Kenneth P. Smith
1756 Stonybrook Court
Eagle, Idaho 83616
Eagle City Council
Eagle Planning and Zoning Committee
c/D -i3--919�
RECEIVED & FILED
CITY OF EAGLE
OCT 1 3 1998
File:
Route to: " A\
Re: the Hormachia property (NE corner of Floating Feather and Eagle Road) coming around for 400 plus
homes -- again. It seems inevitable that sometime they'll get your green light for the rezoning and the
density they want -- local government does not seem to follow the will of the people and make them tone it
down. It's very annoying, discouraging, frustrating -- really.
The smaller property adjacent to Lexington Hills on Floating Feather got the go-ahead for the density, they
wanted. After two or three years of loud and large objections from the citizenry they finally -- one might
say cynically -- put six larger lots adjacent to the large -lot neighbors in Lexington Hills and ninety -some -
odd small lots in the rest of the subdivision. "Looks good," said the City: one hundred more homes on 20+
acres. No one wanted this but the developer. He got the density he was after in the first place, I believe.
Back to the larger sub -division to the west -- Brookwood -- it too will be a crying shame, in my view. A
year or more ago, those developers submitted a plan and there was to be a meeting of or with "concerned
citizens." Developers withdrew their proposal precisely because they saw that there would be objections —
twenty or thirty people showed up at a P & Z meeting to express their views and were rudely prohibited
from speaking exactly because the developers AND the City chose to table the matter. One guy had loads of
data and photos about the flood plain and P & Z wasn't interested in hearing him. A year and a half later,
here they come again, STILL with 400 plus homes. They avoid the public confrontation when it suits them,
they lay low a while, hire a different "planner," and come back with a proposal which is no less dense than
before. Sooner or later they win this game because they simply keep coming back -- without making any
moves toward a compromise on density; without the City making them do anything but "...wait `til the
timing is better." The neighboring residents are busy people; they find it difficult to repeatedly show up
for cancelled and/or futile meetings. Meanwhile the City, "gets to know the developers quite well." And
the elected officials, apparently, get to a point where they "can't say no."
And what about municipal services??? Fire stations, widened roads, wider widened roads, new schools,
water, sewage etc. etc. -- every time we turn around there are new bond issues to fund. OBVIOUSLY this
means the new subdivision developers and the new owners of the new homes in those subdivisions are not
paying their fair share: the people who already live here are being asked to spend for services which the
newcomers need.
I am not anti -growth. But I do think the City is missing a prime opportunity to develop in a distinctive,
semi -rural, pleasant way. In my view Rezoning and maximum residential density are not developmental
rights which the City has to grant to aggressive landowners.
f
I don't get it.
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___RECEIVED -&-F- JLED --
CITY OF EAGLE
OCT .x_._3._)99.8... _
File:
Route to:
RECEIVED & FILED
CITY OF EAGLE
Should Eagle become a densely populated city? Soon, '::kJ 2 1998
File:
Planning and Zoning Commission and City Council will consider pivotal Compielleasivse Plan
Amendments and three development proposals that will decide whether Eagle retains a rural
atmosphere, or becomes an overdeveloped urban area. This is important stuff!
Here are the Numbers: Currently Eagle, population 10,902, indudes 4,038
residences, (impact area and city limits.) As of April 1998, an added 2,456 residential lots were
approved. If this lot inventory is "built -out" at the highest rate in Eagle history, we'd have enough
lots for the next 8.75 years. Of these lots 92% are small — 6000 -sq. Ft. to 13000 -sq. ft. (the bulk
are 6000 -10000-sq. ft. Only 8% are one acre or larger.) When Eagle is built out under
the current Comp' Plan, our population is projected to be 33,300. Citizens
appointed to the Land Use Focus Group think that's too much growth.
Focus Groups recommend reducing densities. Please get a copy of the
proposed Comprehensive Pian Amendments at City Hall. You'll find that The Land Use Focus
Group recommends reducing overall residential density. If accepted, this group's proposal will:
• reduce the projected population from 33,300 to 23,500
• bring into better balance the percentage of small and large lots. Small lots would be
61% of the total residential lots with larger lots representing 39%.
• protect more rural viewscape, and open area,
• decrease potential traffic, reduce stress on schools, and city services
If you care about the quality of life in Eagle, please support these recommendations. The
opposition is well organized, well funded, and determined. We the people must take the time
to let our opinions be known. The Comp' Plan Amendments regarding Land Use, Trans-
portation, Paths, Parks and Recreation, Schools, Public Services, and Economic Development,
1
will be heard on October 19, at 7 pm. So will two of the following proposed
developments which are contrary to the Land Use Focus Groups recommendations. If
you are in favor of less density and its benefits please say so:
1) October 13th 7:30 p.m. Eagle City Council. Brookwood Subdivision, NW
Comer of Eagle Rd and Floating Feather, requests 411 more Tots, including cluster home lots
from 1200-2000.sq. ft; Cottage Home lots of 3000 sq. ft, town homes and a sizable number of
lots of 8000 and 9000 sq. ft. Little consideration has been given to a request for a significant
reduction of lots in the flood plain. (Focus group recommends no lots smaller than 2 acres in the
flood plain.) No consideration is given to transition densities to the 2-4.5 acre lots to the north
and 2-acre lots to the west called for in the current Comprehensive Plan.
2) Oct 19th Eagle P&Z, 7 p.m. Eagle River Development (Grossman Property)
approximately 84 acres, NE corner of Eagle Road & Bypass, (between the Boise River and the by-
pass.) The balance of this land not in the floodway or wetlands is in the flood plain. The developer
wants a Comp Plan change to permit 270 more residential lots 100 of which are
approximately 5000 sq. ft. The developer also wants 460,000 sq. ft. of commercial zoning
including 150,000 sq. ft. of retail space plus approximately 60000 sq. ft for. a hotel and
restaurant. This could have a dramatic, negative impact upon downtown. It also spawns traffic
hazards. Currently, under the existing Comp' Plan, the city could approve (based on previous
similar zoning) up to 150 residential lots and 20 acres for public or sem-public use on the site.
3) Oct 19 Eagle P&Z, 7:00 p.m. Bram Hall Field Subdivision (Crandlemeier
property) 95.2 acres, North of Floating Feather, next to middle school. Bordered on north, west &
south by developed residential lots of one-12 acres. Under the Current Comp Plan lots of a
minimum of two acres are slated for this site. Developer is asking for a Comp Plan change and
zone change which would permit up to 328 more lots, (many are 8000 sq. ft.) Consider:
2
to,
Under the current plan: 95.2 acres becomes 47 two -acre lots, housing 127 people,
including 47 schools -aged children requiring approximately two classrooms. These households
would generate 517 vehicle trips per day.
If proposal is approved: 95.2 acres become 328 lots, housing 886 people, including
328 school -aged children, requiring 13 classrooms and creating 3608 vehicular trips per day.
Beware of Precedent! If this applications is approved and if the Brookwood Subdivision
is approved, we can look for similar developments all along Floating Feather from Eagle Road to
Linder, and the accompanying increase in population, traffic, strained schools, and services, as
well as the demise of our rural viewscape and atmosphere.
It appears as if the city is ready to approve these subdivision requests
and it is anybody's guess as to what they will do with the proposed Comprehensive Plan
amendments recommended by the four focus groups. Therefore it is vital that you turn out and
let Planning and Zoning and the Council know your wishes. After all they are supposed to
represent the people of Eagle both in the city limits and impact area. This is an opportunity to
determine who is truly being represented, Eagle citizens or a handful of developers.
If you do not act, by letting Council and. P&Z know your wishes, they will decide what
is best for you. Eagle will become another Meridian; you can count on that.
Attend the meetings! Write or Fax comments to City Hall:
310 E. State Street, Eagle, 83616, 939 6813, or FAX 939 6827
Contact the decision -makers:
Councilman Stan Bastian
679 E. State St # E 101,Eagle 83616
939 8272
Councilwoman Lynne Sedlacek
1200 Hereford, ph. 939 6219
Councilman Steve Guerber
699 Ranch Drive, Eagle, 836161
939 6900
Council President Nancy Merrill
1275 E. State Street Eagle 83616, phone
939 1627
3
. 1
O+
Eagle P&Z Members
Lynn Moser
398 Pebble Beach Way
Eagle Id 83616
939 3390
Don Brinton
3355 Homer Road
Eagle ID 83616
939 0202
Geneva Trent
942 Preakness Dr.
Eagle ID 83616
939 8206
Farrin Famworth
1600 Riverside Dr
Eagle ID 83616
939 6480
Citizens for Preservation of Rural Eagle
Michael Sieler-President
1 125 Steeple Dr.
Eagle, ID 83616
Fred Wilson
3140 N. Osprey
Eagle ID 83616
939 6468
00008 EC RW SS R * * B 012
EAGLE RESIDENT AT
PO BOX 1272
EAGLE ID 83616-1272
BULK RATE
U.S. POSTAGE
PAID
BOISE, IDAHO
PERMIT N0.220
Transportation Improvement Program (TIP)
Currently Funded Projects in the Eagle Area
Project Description
uonstruction
Year
Eagle Rd., State St. to Floating Feather Rd. Widen between 200 ft south of State St. 1999
and Floating Feather Rd. to 3 lanes
Park & Ride Lot, Beacon Light Rd. & SH -55 Build a Park and Ride Lot
SH -16, Beacon Light & Chaparral Turnbay additions
SH -55, Eagle Rd to Franklin Rd. Acceleration Improve intersection
Hill Rd., Old SH -55 - Gary Ln.
SH -16, Jct. SH -44 - Emmett, Stage I
State St. & Bogart Ln.
SH -55, Payette Scenic Byway Gateway
US -20, Cloverdale Rd. - HP Main Entrance
US -20, Eagle Rd. - Cloverdale Rd.
US -20, HP Main Entrance to Joplin Rd.
Floating Feather Rd., Edgewood Ln. -Eagle
Rd.
1999
1999
1999
Realign Hill Rd. between Old SH 55 and 2000
Gary Ln.
Install metal guard rail 2000
Install traffic signals 2000
Landscaping Enhancements 2001
Widen between Cloverdale Rd. and HP 2002
Main Entrance to 5 lanes
Widen between Eagle Rd. and 2002
Cloverdale Rd. to 415 lanes
Major roadway widening between HP 2002
Main Entrance and Joplin Rd.
Reconstruct roadway between Edgewood 2003
Ln. and Eagle Rd.
Funding Source
Local
CM/AQ
STATE
STATE
Local
STP -Safety
Local
STP -Enhancement
National Highway
System
National Highway
System
National Highway
System
Local
v .
.
N
Total Cost
$1,320,000
$110,000
$120,00(- k
$80,000
$4,250,000
$465,000
$265,000
$180,000
$2,550,000
$2,400,000
$3,570,00{
$1,170,000
Transportation Improvement Program
Proposed Additions
STP -Urban Funding Source
Key Project Title Cost Estimate
NEW99-01 Metropolitan Planning and Carbon Monoxide SIP
NEW99-02 Purchase 2 Buses
NEW99-03 Marketing Alternative Modes of Transportation
NEW99-04 Congestion Management
NEW99-05 Underwrite Vanpool Startup
NEW99-06 Bus Passenger Shelters
NEW99-07 Guaranteed Ride Home
NEW99-08 Bus Stop Sign
NEW99-09 Transit Information Display
NEW00-01 Metropolitan Planning
NEW00-02 Purchase 3 Buses
NEW00-03 Marketing Alternative Modes of Transportation
NEW00-04 Congestion Management
NEW00-05 Airport Shuttle
NEW00-06 Underwrite Vanpool Startup
NEW00-07 Downtown Boise Transportation Management Area
NEW00-08 Employer Express Bus Service
NEW00-09 Guaranteed Ride Home
$195,000
$680,000
$250,000
$500,000
$25,000
$150,000
$10,000
$50,000
$10,000
$108,000
$1,020,000
$250,000
$500,000
$400,000
$25,000
$100,000
$1,290,000
$10,000
NEW01-01 Metropolitan Planning $108,000
NEW01-02 Federal Way (Bike/Pedestrian), Overland - Bergeson $1,538,000
NEW01-03 Marketing Alternative Modes of Transportation $25,000
NEW01-04 Congestion Management $200,000
NEW01-05 Underwrite Vanpool Startup $250,000
NEW01-06 Federal Way, Overland - Bergeson $4,167,600
NEW01-07 Downtown Boise Transportation Management Area $100,000
NEW01-08 Guaranteed Ride Home $10,000
NEW02-01 I Maple Grove, Franklin - Ustick*
NEW02-02 Airport Transit Facility
**
c c /o-/ 32-9r '
Year Priority # Amount Allocated to
Alternative Modes
1999 1 $27,000
1999 2 $680,000
1999 3 $250,000
1999 4 $500,000
1999 5 $25,000
1999 6 $150,000
1999 7 $10,000
1999 8 $50,000
1999 9 $10,000
2000
2000
2000
2000
2000
2000
2000
2000
2000
2001
2001
2001
2001
2001
2001
2001
2001
$7,515,000 ** 12002
$100,000 I 12002
1
2
3
4
5
6
7
8
9
1
2
3
4
5
6
7
8
12
* This project reflects an expansion of the Maple Grove, Franklin - Fairview project, Key # 7192 in the current Transportation
Improvement Project.
** Represents only the increased cost of projects already in the current Transportation Improvement Project.
Note: Tentative APA Board Endorsement 9/21/98
$27,000
$1,020,000
$250,000
$500,000
$400,000
$25,000
$100,000
$1,290,000
$10,000
$27,000
$1,538,000
$250,000
$200,000
$25,000
$0
$100,000
$10,000
0
$100,000
1
EAGLE CITY COUN1/41L
PUBLIC HEARING SIGN -IN SHEET
Subject:VAC-1-98
October 13, 1998
7:30 P.M.
11)
PLEASE PRINT LEGIBLY
\
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TELEPHOI�. PRO? CON/
1£3
Page l of 1
11 `.C'OUNCIL\AGENDA\CC'SIGNUP.WPD
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subject:RZ-8-97/CU-6-97/PPUD-1-97/PP-2-97 Brookwood Sub.
October 13, 1998
7:30 P.M.
PLEASE PRINT LEGIBLY
NAME ADDRESS
TELEPHONE PRO? CON?
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II \C'OUNCIL\AGENDA\CCSIGNUP WPD
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EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subject:RZ-8-97/CU-6-97/PPUD-1-97/PP-2-97 Brookwood Sub.
October 13, 1998
7:30 P.M.
PLEASE PRINT LEGIBLY
TELEPHON# PRO? CON?
r
MAN
1\tjk>
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Page 1 of%.2-
H:\COUNCI L\AGENDA\CCSIGNUP. WPD
WALKWAY TYPE
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DETACHED SIDEWALKS
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Reed -ea ii al ry S ZA.09<< > .-mac (7.
The Future of Eagle
1. We are in favor of reducing the density of future lot development.
2. Build Brookwood only on the bench (also known as the Hormaechea
property, NE corner of Eagle Road and Floating Feather).
3. We are opposed to building in the floodplain or floodway.
4. We do not want Floating Feather turned into a 5 lane roadway.
5. We want to change the current lot ratios from the current 82% small lots
vs.18% large lot to the proposed 61% small lots vs. 39% large lots.
6. We want the proposed build -out of Eagle to be reduced from 33,300 to the
proposed 23,500.
7. We want Crandelmire property lots to remain at the approved one lot per
two acres, not changed to higher density.
8. We want open space throughout the city.
9. We support the Proposed 1998 Comprehensive Plan.
10. We do not believe any residential area should be allowed in the Grossman
development.
11. We want our commercial areas to be free of warehouse type stores.
1
Address
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cuts., >54, e , .1i4A1.Q.0.4
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Phone
9,3? -/61.E_
g'/A) 1 at 01
-v_l'3/
The Future of Eagle
1. We are in favor of reducing the density of future lot development.
2. Build Brookwood only on the bench (also known as the Hormaechea
property, NE comer of Eagle Road and Floating Feather).
3. We are opposed to building in the floodplain or floodway.
4. We do not want Floating Feather turned into a 5 lane roadway.
5. We want to change the current lot ratios from the current 82% small lots
vs.18% large lot to the proposed 61% small lots vs. 39% large lots.
6. We want the proposed build -out of Eagle to be reduced from 33,300 to the
proposed 23,500.
7. We want Crandelmire property lots to remain at the approved one lot per
two acres, not changed to higher density.
8. We want open space throughout the city.
9. We support the Proposed 1998 Comprehensive Plan.
10. We do not believe any residential area should be allowed in the Grossman
development.
11. We want our commercial areas to be free of warehouse type stores.
Name
Address Phone
/574
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Applicant Comment on Brookwood Conditions - October 13, 1998
Site Specific Conditions of Approval
1. Concur
2. Concur
3. Concur
4. Concur
5. a. Concur
b. Request that finished floor elevation be 18 inches above Base Flood Elevation instead of
24 inches.
6. Concur
7. Concur
8. Request modification of this condition as follows: Comply with ACRD "Special
Recommendations to the City of Eagle" noted in the ACHD report dated August 5, 1998.
The pedestrian bridge shall be a minimum of 10 -feet wide. A letter of credit or certificate of
deposit shall be provided to the City prior to approval of the final plat of the phase that abuts
the pedestrian bridge to insure installation of the bridge.
9. Concur
10. Concur
11. Concur
12. Request modification of this condition as follows: Street sidewalks
along Eagle Road, Floating Feather Road, Old Barn Road / Drive. Brookwood Drive,
Thunderbird Avenue and Shadvpark Avenue shall be separated from the curb to allow
landscape strips and trees to be planted between the sidewalks and the street.
13. Request Modification of this condition as follows: The developer shall provide 3 -inch
minimum caliper shade -class trees (to be reviewed and approved by the Design Review
Board) along both sides of Old Barn Road, Old Barn Drive, Brookwood Drive, Thunderbird
Avenue; and Shady Park Avenue. Trees shall be a maximum of 80 -feet
apart and shall be located between the sidewalk and the curb.
14. Request modification of this condition as follows: Other than as required in site specific
condition #13, all other public and private streets shall be provided with 3 -inch minimum
caliper shade -class trees placed along both sides of the streets at each lot corner with the
distance between trees to be not to more than 80 -feet or less than 35 -feet. The trees shall be
located in a-landseape-st -between-within five (5) feet of the attached sidewalk and the -curb.
To assure the installation of the trees and landscaping required within this condition provide
the City with a copy of the subdivision's CC&R's (to be reviewed and approved by the Design
Review Board) showing requirements for:
a. Types of trees and landscaping to be installed-within--the-landseape-strip;
b. Trees to be installed prior to issuance of occupancy permits for the homes;
c. An automatic irrigation system to be installed by the homeowners prior to issuance of
occupancy permits for the homes; and
d. Requirements for homeowner maintenance of trees, other landscaping, and automatic
irrigation syste .
Applicant Comments on Brookwood Conditions - October 13, 1998 (continue°
15. Concur
16. Request deletion of this condition inasmuch as ACRD and the City of Eagle have required
sidewalks on both sides of Old Barn Road. Project plan proposal was for a detached paved
path on the north side of the street in lieu of standard sidewalks on both sides. That concept
was not approved, hence no need for more than a detached sidewalk.
17. Concur
18. Concur
19. Concur
20. Concur
21. Concur
22. Concur
23. Concur
24. Concur
25. Concur
26. Concur
27. Concur
28. Concur
29. Concur
30. Concur
31. Concur
32. Concur
33. Concur
34. Concur
35. Concur
36. Concur
37. Concur
38. Concur
Standard Conditions of Approval
1 through 30 - Concur
OCT 13 '98 16:14A US WEST DEX
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go.? -074r FIECEIVED.LELED
CITY OF EAGLE
OCT 1 3 1998
Post-it'Fax Note 76714
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** TOTAL PAGE.01 **
Oct -13-98 04:32P WI'MG Consulting
October 13, 1998
Dale and Regina Domerese
2306 East Skokie Court
Eagle, ID 83616
8 939 9654 P . O 1
RECEIVED & FILED
CITY OF EAGLE ti!
OCT 1 3 1998
File:
Route to`r1 c -
Eagle Council
310 E. State Street
Eagle, ID 83616
RE: Brookwood Subdivision
Dear Council:
We moved to Eagle because it is different and unique. We r,r w Fate the Waal environment and
character of `small town' to raise our children.
We are not .„ to growth. However, if you change zoning to include the densities proposed it will
have a dramatic affect on our lifestyle that we have come to expect living in Eagle.
Below are some examples of how our lifestyle would be impacted:
1) Our property value would drop due to smaller lot sizes for sale across the street.
2) Lower quality education due to over crowded schools.
3) Higher taxes to support building of additional schools.
4) Significant increased in traffic. This will not only affect our day to day commute in and out of
city, but will affat Police and Fire's ability to respond to emergencies efficiently as they do
today.
5) Higher quantities of pollutants in the air due to increased vehicle usage in a small area.
6) Decrease in open areas and rural viewscapes.
As tax payers and voters, we need to protect the character of Eagle. Growth in surrounding areas should
not allow R4 zoning. We expect you to be our representatives. We look forward to you supporting our
interests.
frorrp
Sincerely,
Ice'
1
OCT. .13 '98 15:09 F.'11%1 RRT TWIN FALLS
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TO 089396827 PAGE.002i005
RECEIVED & FILED
CITY OF EAGLE
ROSHOLT, ROBERTSON & TUC ER
Chartered
ATTORNEYS AT LAW
Twin Falls Once
142 3idAve. Nath
P.O. BOX 1906
TWIN FALLS, IDAHO 83303-1906
TELEPHONE (208) 7340700
FAX (208) 736-0041
VIA FACSIMILE (208) 331-1202
Mr. David H. Bieter
Moore & McFadden Chrtd.
One Capitol Center, Suite 910
999 Main Street
Boise, ID 83702
RE: Brookwood
Dear Dave:
October 13, 1998
OCT 1 3 1998
File:
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Thank you for your letter dated October 12 which I received today concerning the
proposed contribution by the developers of the Brookwood Subdivision to the Eagle municipal
water system. Before responding specifically to the contents of that letter, I want to reiterate
that my client remains very interested in finding an equitable agreement for this particular
impact fee with the City.
Having said that, let Ate comment on the method outlined in your letter to calculate the
proposed water impact fees. As I understand it, the amount being requested (or required) of
the Brookwood Subdivision is apparently based upon what Lexington Hills has spent to date.
In earlier discussions with the Council, it also appears that the proposed exaction is similarly
based upon the desire of the City to provide a second reliable domestic well for its system. I
would respectfully submit that neither of those approaches is necessarily consistent with the
"rough proportionality" discussed by the United States Supreme Court in Dolan v. City of
Tieard, 512 U.S. 374, 114 S. CL 2309, 129 L. Ed. 2d. 304 (1994). I think the cases clearly
depict the correct standard as one based upon the impact which the development will have on
the water system, and is in no way related to cost which may or may not have been incurred
other developments or the cost of components which will benefit more than the project. As we
have reviewed infomnation provided to us from Em2 , the peak household use anticipated for
the Eagle municipal system is .5 gallons per minute, equating to a total of 200 gallons per
minute for the Brookwood Subdivision at buildout assuming each of the units experienced
peak demand simultaneously. The well which has been proposed as an exaction, however,
OCT•13 '98 15:09 F: RRT TWIN FALLS
4
Mr. David IL Bieter
October 13,1998
Page 2
TO 089396827
PAGE.003i005
provides for 800 gallons pec minute, or sufficient water for the peak domestic use of 1600
residences. Using that analysis, Brookwood should be assessed approxumtely 25% of the
proposed well cost, or about $50,000 plus a similar proportionate share of the well site and the
cost of bringing power to the pumping station. We feel all of those costs could be more than
adequately covered by $200 per lot for the Brookwood Subdivision, a sum which we have
offered to date. In an effort to settle this matter, however, as I mentioned to you in my office
last week, my client has authorized me to increase the amount of our initial proposal to the
following.
(a) $250 per lot, payable upon the closing of each lot until 225 lots have
been sold, at which time the remainder would be paid in full to the City.
(b) The donation of a well site of sufficient size to meet all DEQ setback
requirements, provided that the Hormaechea Limited Partnership, or
subsequently the homeowners' association, would retain design review
jurisdiction over the style of the wellhouses and adjoining landscaping
to be constructed by the City. We feel the donation of the well site is
significant not only because of its value, but also because it will correct
the min, 41,.,;..,entation presently in the City's water right application
pending before the Idaho Department of Water Resources which states
that the City is presently the owner of two well sites on the Brookwood
Subdivision site.
(c) Power to the well site, sufficient to operate the well and related
electronics.
Even assuming for the sake of argument that every subdivision should pay a sum
approximating the per unit cost incurred by Lexington Hall, I would to suggest that the Dolan
case places the burden on the City to show the anticipated impact of the proposed project on its
water system, and to establish "rough proportionality" in the amount being exacted to cover the
cost of that impact. I do agree that the standard does not require mathematical precision, but I
am troubled by the lack of y specificity or c". f v„� ation of the numbers included in your
October 12 Letter. David ylaace, in an earlier telephone conversation with me, indicated
that Lexington Hills incurred costs of approximately $300,000 for the well portion of their
project. I subsequently asked for, and received, the documentation which the City of Eagle
bad on those costs, which I have attached hereto. That showed wells at $339,503. Neither the
recollection from Mr. Roylance nor the information I received from the City documented the
costs or gave me any confidence that the numbers were accurate or complete, or did not
include components which benefited only Lexington Hills as opposed to benefiting the entire
Eagle municipal system. Further, your letter was the only indication I have ever received that
the second well cost "approximately around $100,000", as I had been led to believe that the
$300-339,000 range included both wells. In any event, the reason that additional capacity is
now sought by the City results from the ineffectiveness of the second well, and I am surprised
OCT 13 '98 15:10 F540#41 RRT TWIN FALLS
.
Mr. David IL Bieter
October 13,1998
Page 3
TO 40114089396827
PAGE.004i005
that the City would expect unier any circumstances that the Hormaechea Limited Parbnersiup
should be assessed a sum based on the unfortunate result of expenditures on that second well.
I am also intrigued by the suggestion in your letter that the Lexington cost of approximately
$355 per unit should be increased by 40% to SO% to cover the anticipated risk of dtillhig a
new well and for inflation. Y think what has been set forth in your October 12 letter falls short
of the burden ofproving the value of impacts discussed in the Dolan case.
1 would hope that with a little more effort we could examine both the rationale for
establishing the impact fee,; and the cost analysis to be used. From time to time in this
discussion, we have been hit with estimated costs incurred by Leacington as the gauge, while at
other times it bas simply been assumed that Brookwood should pay the entire cost of a new
well, capable of serving the domestic needs of a project four times its size. I respectfully
disagree that either approach meets the legally required criteria.
Notwithstanding my . set forth hereinabove, we are willing to continue our
efforts to work with the Ci an this issue. The Hormaechea Limited Partnership, as you
probably know, was an acti participant in obtaining willing signators to the Master Water
Service Agreement which the City attempted to reach with Lexington Hills in 1997. We
further responded favorably when asked to commit the project to service from the Eagle
municipal system, and expended a considerable amount of tune and money to determine the
fairness and adequacy of our current proposal for the City which I have outlined hereinabove.
Please see that this information is conveyed to the City Council, if at all possible, prior
to this evening'sdiscussionissue, fig. I know�there will be further on this issue, and look
forward to the Council's input.
Sincerely,
1. EVAN ROBERTSON
JER:rlw
OCT.13 '98 15:10 F14.6" RRT TWIN FALLS
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Oct.. 12 98 11:57a ,otak DOLAN/ELISABETH KEENEY "8 9390523 13• 1
RECEIVED & FILED
CITY OF EAGLE
(
Councilman Stan Bastian
679 E. State St # E 101,Eagle 83616
939 8272
Councilwoman Lynne Sedlacek
1200 Hereford, ph. 939 6219
Pe4414
0'?V.er #‘/#V°9 etA•76J* 4% Jz-c... ei24L-v.41
betA..1ZYr
401,4A? ex- r
Councilman Steve
699 Ranch Drive,
939 6900
Fie:
OCT 1 3 1998
Council President Nancy Merrill
1275 E. State Street Eagle 83616, phone
939 1627
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Cover P ge
FAX COVER SHEET
Monday, October 12, 1998 04:17:06 Akil
To: Council Pres.Nancy Merril
At: City Hall Eagle Id.
Fax #: 939 6827
From: HARRY C. DUPLEX
Company: DUPLEX ENTERPRISE
Fax #: 208 939 1475
Fax: 1 page and a cover page.
RECEIVED & FILED
CITY OF EAGLE
OCT 1 3 1998
File:
Route te"INN 1 C.—
.Moisday. October 12, 1998 0°11►:14 AM
Dear Councilman
DUPLEX ENTERPRISE `all')" Page 1 of 1
As a new resident of Eagle I would like to tell you the
reason gay wife and I chose to moue here.I wanted to be able
to live in a community that was rural in nature, and Eagle
w as that place.I looked all ouer the valley and Eagle prouided
my wife and I the rural atmosphere that we were looking for.
So I am asking you to uote to keep eagle as rural as possible,
an to fight against over development.
sincerely
Harry and Connie Duplex
1964 n Seuen Oaks Way
Eagle Id 83616
1
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FROM. USDA SERVICE CENTERA 200 "—" 7163 10-13-90 08:14AM TO
9396027
USDA SERVICE CENTER
1805 HIGHWAY 16
EMMETT, ID 83617-9462
'FAX: 208-365-7183
To: Ai'i,�'��/" �Colinc./Aer5o DATE
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NO- OF PAGES:
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RECEIVED & FILED
CITY OF EAGLE
OCT 1 3 1998
File:
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;FRS USDA SERVICE CENTERA 208/4.°0183 18-13-98 88:14AM TO ' 9396827 *143 P.2/4
October 11, 1998
City Hall
310 E. State Street
Eagle, Idaho 83616
Dear Council:
We are opposed to changing the present zoning from A (Agricultural) to R -2-P
(Residential two units per acre maximum) and R -4-P (Residential four units per
acre maximum -PUD).
We are opposed because the land is in a flood plain, the development will not meet
the No Net Increase of pollutant, required by the Division of Environmental
Quality, water is not available and the zoning proposed is too dense for the
neighboring subdivisions.
FLOOD PLAIN:
Our current Comprehensive plan requires that the flood plain of Dry Creek (a hazard area)
should remain in a natural state as a greenbelt, wildlife habitat, agricultural open space or
recreation nature arca.
We must insist that no development occur in a flood plain. This will only set a precedence
to allow continued development in subdivisions on the horizons. The city of Eagle has
plenty of area to develop; it does not have to develop in a flood plain. The Dry Creek
drainage is 43,000 acres of marginal range land that will shed runoff quickly. It is not if
this area will flood; it is when it will flood. We should not put homeowners in jeopardy
and we should not allow filling in a wetland that will also cause problems down stream.
The developer's own engineer, Paul Kunz, in his letter August 13, 1998, stated that a
major flood will have ample volume to fill the flood plain. Ile also states that the 100 year
peak discharge used by FEMA is 4000 CFS. Mr. Kunz states that for a major event on
Dry Creek at least 50 years above, the flood plain will be under water prior to the
peak discharge. Mr. Kunz g otf to state that a hypothetical two inch runoff over
several days would equate to ore than 7000 acre feet or more than 25 tions the
estimated volume at the 100 year elevation. In Mr. Kunz letter dated September 23, 1997,
in reply why the developer should not be required to build a road across Dry Creek, Mr.
Kunz states that if fill were placed in the flood plain and with a culvert that can handle
only 500 CFS then t c remainder of the 3 500 CFS will flow on the north side of the
creek. Mr. Kunz ed at the site showing that since most of the flooding would occur on
frozen ground with in on snow event that the upland condition did not matter. I suggest
he visit the Natural Resource Conservation Service (Formerly Soil Conservation Service,
remember the picture of flooding in the paper?) to calculate a runoff curve number to see
;FRQMq. USDA SERVICE CENTERA 288 ^7103
10-13-98 88:15AH TO
4'°N 939E827 '143 P.3/4
that vegetation will help slow down thc runoff and will decrease the sediment generated
from the watershed. THEN TILE QUESTION IS WHY ARE W14 BUILDING IN THIS
FLOOD PLAIN?
The city's engineer, Holiday Engineer Company, also raises questions with this
subdivision. In their letter dated August 11, 1998, in item IC and especially item 7C
"perils of flood and landslide still arc warranted". They also state the Brookwood plan has
411 lots as compared to 410 of the old Stonewater plan. They also state the culvert under
Eagle road only has the capability to handle 500 CPS. A 10 year flood event would
produce 610 CFS. REMEMBER THE 4000 CFS PERDTCTF.i)! I I I WHY ARE
WE BUILDING IN THIS FLOOD PLAIN?
The developer proposes to dig a swale to handle the amount filled with roads and building
sites. How many yards is this? You won't have a swalc you will have a drainage ditch.
Also, this will fill up with sediment from the poor range ground above. Who will maintain
it? All this movement of dirt will insure that thc No Net Increase in pollutants required by
DEQ can not be met.
We take issue with the stiff report page 12 of 25, "the Dry Creek flood -way will be
preserved". Mel in agriculture the flood -way will he preserved. If I3rookwood is
approved the flood -way will be altered (drainage ditch).
NO NET INCREASE:
The Boise River and its tributaries is on the 303 (d) list and a Total Maximum Daily Load
for nutrients and sediment is being written. This subdivision will increase sediment,
phosphorus and nitrates to the watershed. The Division of Environmental Quality states
that until the TMDL is written, a No Net Increase requirement must be met. That means
that all storm water runoff must bc treated on site. How will this be done? What
mitigation measures will be implemented by thc developer, so the City of Eagle and Eagle
residences are not liable down the road?
DENSI'T'Y:
Brookwood docs not meet the requirements of the present Comprehensive Plan. The
density is too high for the flood plain. The density docs not transition to the two to four
acre lots to the north or to the two acrc lots to thc west as called for in the current
Comprehensive plan. It looks to us like your double counting. Ten per cent of thc gross
land area in a PUI) needs to bc open space. The developer's counting included open
space in with lot size to show less density. We want to keep Eagle's rural atmosphere.
There needs to be larger lots in the subdivision and the flood plane should be open space.
,fROE+. USDA SERVICE CENTERA 2084'40183 18-13-98 80:15AM TO
City Water:
9396827 *143 P.4/4
Presently thc City only has enough water for 225 lots not the 411 that Brookwood is
requesting. You can not jeopardize existing water rights and commitments. The
developer must drill thc well or place a bond to insure that the well will be drilled when
the developer is gonc.
For the above reasons, we request that you not approve the change in zoning on thc
Brookwood subdivision,
Sincerely,
r 's
K 7/.1
Randall R. Phelan
1 � _
Debbie L. Phelan
Ikr4
acqueline D. Tronson
All in residence at 1427 East Hogan, Eagle, Idaho 83616
1