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Minutes - 2001 - City Council - 03/13/2001 - RegularORIGINAL EAGLE CITY COUNCIL Minutes March 13, 2001 PRE-COUNCIL AGENDA 6:30 p.m.- 7:30 p.m. Mayor Yzaguirre reads the Girl Scout Week Proclamation and welcomes those Girl Scouts in attendance tonight. The Girl Scouts present Mayor and Council with cookies. The Mayor and Council then pose for photos. The girls thank the Mayor and Council for their service to the community. 1. Ada County Sheriffs Office: Sgt. Patrick Calley presents the monthly report for February. Sgt. Calley provides Council with a copy of the Ada County code regarding the number of animals an individual may possess. Mayor and Council agree that the city code may need to be modified to address this issue. 2. COMPASS representative Erv Olen will discuss the expenditure of impact fee funds. Mr. Olen discusses the 20/20 Plan and explains how input is obtained for this plan. He also explains options how additional input can be forwarded to COMPASS regarding needs or concerns may arise. General Discussion. 3. City Attorney Report: Susan Buxton reports on the status of the Jensen-Belts Contract. Discussion on the area of impact expansion and a meeting with the Ada County Commissioners. 4. City Engineer Report: None 5. City Clerk/Treasurer Report: None. 6. Zoning Administrator's Report: Vaughan notes that a request has been received from Banbury Meadows appealing the Council decision regarding the pole height for the netting. Buxton advises that the time frame for reconsideration or appeal has passed. Discussion regarding the appeal and review process for design review applications. A policy change may need to take place with the current review, appeal, approval and public notice process for design review applications. 7. Mayor and Council's Report: REGULAR COUNCIL AGENDA: 7:30 p.m. 1. CALL TO ORDER: Meeting is called to order at 7:35 p.m. ROLL CALL: MERRILL, SEDLACEK, GUERBER. - Present. BASTIAN - Absent. A quorum is present. PLEDGE OF ALLEGIANCE: 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 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. Claims Against the City. B. Minutes of February 26, 2001. C. Minutes of February 27, 2001. D. DR-69-00 - Eagle Fire Station - Eagle Fire Protection District: Per City Council request, all design review applications are to be appealed by the Zoning Administrator to the City Council for their revie~v prior to the action taken by the Design Review Board on an application being final. Eagle Fire Protection District, represented by Larry Knopp, is requesting design review approval to construct a 21,000-square foot fire station. The site is located on the northeast corner of kon Eagle Drive and Plaza Drive at 966 East Iron Eagle Drive. (WEV) E. DR-73-00 - New Classroom Building for Eagle Academy School - Meridian School District No. 2: Per City Council request, all design review applications are to be appealed by the Zoning Administrator to the City Council for their review prior to the action taken by the Design Review Board on an application being final. Meridian School District No. 2, represented by Stillman Anderson with Leatham-Krohn-Van Ocker Architects, is requesting design review approval to construct a 12,000-square foot classroom building to replace the existing four relocatable classroom buildings. The site is located on the north side of Academy Way approximately 600-feet north of State Street at 100 South Academy Way. (WEV) F. Findings and Conclusions for CU-18-00 - Eagle Towne and Country Shopping Center- White Leisure Development: Eagle Development Associates LLC, represented by Jeff Huber with White-Leasure Development, is requesting conditional use approval and a height variance for Eagle Towne & Country Centre. The 14-lot commercial subdivision is located on the north side of State Highway 44 between Highway 55 and Horseshoe Bend Road, at 3182 East State Street.(WEV) G. Findings and Conclusions for PP-18-00 - Eagle Towne and Country Subdivision - White Leisure Development: Eagle Development Associates LLC, represented by Jeff Huber with White-Leasure Development, is requesting preliminary plat approval for Eagle Towne & Country Centre. The 44.38-acre, 14-lot commercial subdivision is located on the north side of State Highway 44 between Highway 55 and Horseshoe Bend Road, at 3182 East State Street. (WEV) H. Girl Scout Week Proclamation: The City of Eagle is proclaiming the week of March 11a' to be Girl Scout Week. (RY) Council requests that items A, C, D, and E be removed from the Consent Agenda. Sedlacek moves to approve the Consent Agenda as amended. Seconded by Guerber. ALL AYE...MOTION CARRIES. 4A. Claims Against the City. Sedlacek notes that check no. 7326 is made to the incorrect payee, and should be corrected by staff. Sedlacek states that with this modification, she moves to approve the Claims Against the City. Seconded by Merrill. ALL AYE...MOTION CARRIES. 4C. Minutes of February 27, 2001. Merrill notes that several individuals who gave public testimony are residents of Boise City and should be reflected as such on the minutes. Merrill moves to approve the minutes of February 27, 2001 as amended. Seconded by Sedlacek. ALL AYE...MOTION CARRIES. 4D. DR-69-00 - Eagle Fire Station - Eagle Fire Protection District: Per City Council request, all design review upplications are to be appealed by the Zoning Administrator to the City Council for their review prior to the action taken by the Design Review Board on an application being final. Eagle Fire Protection District, represented by Larry Knopp, is requesting design review approval to construct a 21,000-square foot fire station. The site is located on the northeast corner of Iron Eagle Drive and Plaza Drive at 966 East Iron Eagle Drive. (WEV) Guerber recuses himself from voting on item 4D DR-69-00 - Eagle Fire Station as he has a conflict of interest. Merrill moves approve DR-69-00 - Eagle Fire Station. Seconded by Sedlacek. TWO AYE. (GUERBER ABSTAINS)..MOTION CARRIES. 4E. DR-73-00 - New Classroom Building for Eagle Academy School - Meridian School District No. 2: Per City Council request, all design review applications are to be appealed by the Zoning Administrator to the City Council for their review prior to the action taken by the Design Review Board on an application being final. Meridian School District No. 2, represented by Stillman Anderson with Leatham- Krohn-Van Ocker Architects, is requesting design review approval to construct a 12,000-square foot classroom building to replace the existing four relocatable classroom buildings. The site is located on the north side of Academy Way approximately Merrill states that the applicant has requested reconsideration of some of the Design Review recommended conditions, and after consulting with legal counsel feels the changes would be material changes and therefore would like to remand the item back to the Design Review Board. Merrill moves to remand DR-73-00 - New Classroom Building for Eagle Academy School back to the Design Review Board. Seconded by Guerber. ALL AYE...MOTION CARRIES. 5. FINAL PLATS: A. FP-4-01 - Final Plat for Oakley Estates Subdivision - Ray Developers: Ray Developers, represented by Stan Ray, is requesting final plat approval for Oaldey Estates Subdivision, a 15- acre, 8-lot (7-buildable) residential subdivision located at the northeast comer of Ballantyne Lane and Floating Feather Road. (WEV) Mayor introduces the item. Vaughan reviews the staff report. Stan Ray representing Ray Developers. Mr. Ray comments on yard lights. Discussion. Merrill moves to approve FP-4-01 - Final Plat for Oakley Estates Subdivision with the site specific and standard conditions of approval, adding that 7 yard lights shall be placed within 6' as noted in the staff report and one street light shall be placed at the entrance of the subdivision. Seconded by Sedlacek. ALL AYE...MOTION CARRIES. 6. UNFINISHED BUSINESS: A. AA-l-01 - Appeal of written Notice of Non-complying Signs - Busters Bar & Grili~ George Wade and Louis Pe,iovich: George Wade and Louis Pejovich are appealing the written "Notice of Non-complying Signs" issued to them on January 9, 2001, after the face of their non- complying pole sign was changed from "Eagle Grille" to "Busters". This item was continued from the February 13, 2001 meeting. (WEV) Mayor introduces the item. Buxton requests this item be continued to Tuesday of next week. Buxton states that the attorney for the applicant and she are trying to meet to discuss possible legal issues of the appeal. Merrill moves to continue this item to the March 20, 2001 Council meeting. Seconded by Guerber. ALL AYE...MOTION CARRIES. Buxton states that the applicant for DR-73-00 would like to address the Council and that it would be appropriate for this to be addressed on the record. Guerber moves to reconsider DR-73-00. Seconded by Sedlacek. ALL AYE...MOTION CARRIES. Buxton comments on the appeal request submitted by the applicant. The City Attorney feels that these are material changes, but the applicant would like to address the Council regarding these changes. Stillman Anderson, 1735 Federal Way Boise, Idaho. Mr. Anderson reviews the Design Review Board recommendations that the Meridian School District are requesting to be modified. Discussion amongst the Council, applicant, staff and legal counsel. Anderson states that rather than have the approval process continue on for even two additional weeks that the Meridian School District has agreed to meet the Design Review recommendations. Discussion. Merrill moves to approve DR-73-00 New Classroom Building for Eagle Academy School. Site specific condition #5: The applicant shall be required to provide revised details of the lights used on the new classroom buildings. Merrill withdraws her motion. Merrill moves to approve DR-73-00 New Classroom Building for Eagle Academy School.. Adding site specific condition #5: The applicant shall be required to provide revised details of the lights used on the new classroom buildings. Site specific condition #4 shall be deleted. #10: The applicant shall be required to provide a revised landscape plan showing a tree planter, five feet square (minimum), which would then represent a compact parking space adjacent to the west property line. The applicant shall be required to place the 4 additional trees and provide pressurized irrigation. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to issuance of a building permit. Seconded by Sedlacek. Merrill amend her motion to add to #5 the revised lighting details shall be approved by staff prior to issuance of a building permit. ALL AYE...MOTION CARRIES. B. Ordinance 386: An ordinance establishing the maximum speed limit on City streets within the City of Eagle, Idaho; establishing maximum speed limits for Idaho Highway 44 (Alternate Route) and a portion of Eagle Road within the City of Eagle; providing for the posting of speed limits in accordance with law; providing for penalty; providing an effective date. This item was continued from the February 27, 2001 meeting.(SEB) Mayor introduces the item. Susan Buxton reviews the ordinance. Council feels that due to recent discussions with ITD that this item may need to be put on hold. Merrill would like to continue Ordinance No. 386 to the first meeting in May. Seconded by Gnerber. ALL AYE...MOTION CARRIES. C. Review and action on the request for payment No. 1 submitted by Marks Land Surveying: (SKM) This item was continued from the February 27, 2001 meeting. Mayor introduces the item. Osborn states that the City Clerk has provided transcriptions on this item for Council to review to provide further clarification on the issue. Brewer states that he pulled Holiday's notes from Council meetings. States that budgets for the pathway project had been prepared in the month of January. In March and April budgets were discussed at Pre-Council sessions. On May 30~ all of the estimates and budgets were reviewed. Though he has not had a chance to review the minutes provided by the Clerk, Brewer believes it was at that meeting that approval was received. Two bids for surveying were received of the three requests that were sent out. Marks Surveying came back around $4,700.00 or $4,900.00 however Mr. Brewer was aware at that time that the survey was not complete, and thus Holladay requested permission for the expenditure of $7,500.00 for the purpose of getting this re-survey done. Mr. Brewer relays the challenges with this survey and the recent involvement of the Department of Lands. Discussion. Merrill moves to make the payment to Marks Land Survey for $9,495.00. Seconded by Sedlacek. SEDLACEK: AYE. MERRILL: AYE. GUERBER: AYE... MOTION CARRIES. 7. PUBLIC HEARINGS: A. ZOA-3-00 - Zoning Ordinance Amendment - City of Eagle: An Ordinance Of The City Of Eagle, Ada County, Idaho, Relating To Subdivision Procedure; Amending Section 9-1-6, Eagle City Code, To Amend The Definition Of A Subdivision, Original Parcel Of Land, Lot; Adding Definitions For Parcel And Contiguous Parcels; Amending Section 9-2-8, Eagle City Code, To Redefine And Narrow The Applicability Of The Lot Split Procedure; And Providing An Effective Date. (WEV) Mayor introduces the item and opens the public hearing.. Vaughan reviews the application. Merrill moves to proceed with draft Ordinance 372, ZOA-3-00 and direct staff to bring it forward. Seconded by Guerber. ALL AYE...MOTION CARRIES. B. VAC-8-00 - Vacation to the final plat of Creighton Heights Subdivision - ALSAM Trust: ALSAM Trust, represented by Givens Pursley LLC, is requesting City approval to vacate a ¥2 street section of right-of-way together with all utility easements within the right-of-way and the adjoining 10-foot wide utility easement abutting said right-of-way from the final plat of Creighton Heights Subdivision. The 30-foot wide x 600-foot long (approximate) right-of-way is located on the western boundary line of Lot 1, Block 1 of Creighton Heights Subdivision, approximately 2,378-feet north of Meridian Road on Clearvue Court.(WEV) Mayor introduces the item and opens the public hearing. Mayor swears in Mr. Alloway. Don Alloway 277 N. 6th St. Boise, idaho. Mr. Alloway reviews the application. No one chooses to speak and the Mayor closes the public hearing. Sedlacek moves to approve VAC-8-00 Vacation to the final plat of Creighton Heights Subdivision with the conditions of approval set forth by the Eagle Planning and Zoning Commission. Seconded by Merrill. ALL AYE...MOTION CARRIES. C. CU-16-00 - The Family Transitional Home for Youth - The Family Table Inc.: The Family Table Inc., represented by Christopher A. Heindel, is requesting conditional use approval to provide a supervised group home to serve as a community-based transitional home for local youth. The site is located approximately ~¼ mile south of E. State Street and 3~ mile west of the intersection orE. State Street and Horseshoe Bend Road. This item was continued form the February 27, 200l meeting.(WEV) Mayor introduces the item and opens the public hearing. Mayor swears in Mr. Heindel. Christopher Heindel, 12134 Gibson Rd. Middleton, Idaho. Mr. Heindel reviews the application. Vaughan reviews the staff report. No one chooses to speak, and thus the Mayor closes the public hearing. Discussion amongst the Council. Merrill moves to approve CU-16-00 The Family Transitional Home for Youth with the site specific conditions recommended by Staff and the Planning and Zoning Commission. Changing site specific condition #5 to read: A conditional use permit for the group home shall be reviewed 6 years from the date of City Council approval, for a possible continuation of the conditional use permit. Seconded by Sedlacek. ALL AYE...MOTION CARRIES. D. CU-22-00 - Key Bank Branch Office Facility with Drive-up Service Key Bank: Key Bank, represented by Roger Foster with BRS Architects, is requesting conditional use approval to construct a 5,300-square foot bank facility with drive-up service within Eagle Country Plaza Shopping Center. The site is located on the north side of Chinden Boulevard approximately 300- feet east of Eagle Road at 3314 E. Chinden Boulevard. (WEV) Mayor introduces the item and opens the public hearing. Mayor swears in Mr. Foster. Roger Foster, 1010 Allante Ct. Boise, Idaho. Mr. Foster reviews the application. Vaughan reviews the staff report. No one from the audience chooses to speak. Mr. Foster comments on the installation of a sidewalk, and expresses Mr. Hodges concerns with the timeliness of the installation. Foster states that Mr. Hodges would prefer to provide a surety for a one year time frame until they could get clarification from ITD on a timeline for road improvements on Chinden. Mayor closes the public hearing. Discussion. Mr. Foster comments on the installation of the sidewalk around Sav-On site. Discussion amongst the Council. Merrill moves to approve CU-22-00 Key Bank Branch Office Facility with Drive-up Service with the site-specific conditions of approval, as outlined by Staff and Planning and Zoning. Adding that the applicant is required to install the sidewalk at this time rather than allowing a surety. Seconded by Sedlacek. TWO AYE...ONE NAY (GUERBER) MOTION CARRIES. Merrill moves to amend the agenda to add an executive session to discuss pending litigation. Seconded by Gnerber. ALL AYE... MOTION CARRIES. 8. NEW BUSINESS: A. Review and Approval of the Notice to Proceed for the fencing for the Island Woods pathway: (SKM) Mayor introduces the item. Guerber moves to authorize the Mayor to sign the notice to proceed for the fencing for the Island Woods pathway. Seconded by Merrill. Discussion. Buxton would like language added the certificates of liability insurance, which should also note the City of Eagle as an additional insured and not just Holladay Engineering. Also, the medical expense line item of $5,000.00 is insufficient. The March 7, 2001 letter from Anvil Fence Co. makes note of section 3, 5.06.A covering materials up to $5,000.00 as a floater, Bnxton does not have a problem with the materials being covered that way, but on the certificate of liability insurance it states $5,000.00 for medical expenses for any one person, and this does not make sense to her. It should be $500,000.00 as supplied in the supplementary conditions. And finally, the contract time needs to be filled in, as it is blank. Guerber amends the motion to include the comments made by the City Attorney. Second agrees with the amendments. SEDLACEK: AYE. MERRILL: AYE. GUERBER: AYE. MOTION CARRIES. B. Discussion of a Island Woods Pathway Maintenance Agreement: Hal Turner, the Homeowners Association President for Island Woods subdivision, has submitted a request to enter into a maintenance agreement for the pathway on the north side of Island Woods Subdivision.(WEV) Mayor introduces the item. Discussion. Merrill moves to direct the City Attorney, possibly Mike Moore and have them look at ways to fund maintenance for the City Parks and Pathways. Discussion regarding increasing the mill levee, and other possible funding options. Buxton notes that the City of Eagle has the lowest mill levee in the Treasure Valley. Merrill moves to adopt an ordinance similar to Boise City's defining the scope of work for the construction and maintenance of the pathways in the City of Eagle as well as the acceptance of pathways. Seconded by Sedlacek. Discussion. ALL AYE...MOTION CARRIES Merrill moves to proceed and look into further funding for operations and maintenance for parks maintenance and bring this back before Council within 3 months.. Seconded by Sedlacek. ALL AYE_.MOTION CARRIES. C. Ordinance 389: An Ordinance Changing The Zoning Classification Of The Real Property Described Herein From R-4 (Residential, Four Units Per Acre) Classification To Mu-Da (Mixed Use With Development Agreement) Classification; Amending The Zoning Map Of The City Of Eagle To Reflect Said Change; And Providing An Effective Date. (WEV) Mayor introduces the item. Guerber moves, pursuant to Idaho Code, Section 50-902, that the rule requiring Ordinances to be read on three different days with one reading to be in full be dispensed with, and that Ordinance # 389 be considered after being read once by title only. Guerber reads Ordinance #389 by title only. Seconded by Sedlacek. ALL AYE: MOTION CARRIES. Guerber moves that Ordinance #389 shall be adopted. Seconded by Sedlacek. Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES. 9. EXECUTiVE SESSION: Pending litigation. Merrill moves to go into Executive Session to discuss pending litigation. Seconded by Sedlacek. SEDLACEK: AYE, MERRILL:AYE, GUERBER:AYE...MOTION CARRIES. Council discusses pending litigation. Council leaves Executive Session. 10. AD,[OURNMENT: Sedlacek moves to adjourn at 10:20 p.m. Seconded by Merrill. ALL AYE: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 10:20 pm. Respectfully submitted: SHAI~ON K. MooRE C~Y CLER~AS~R APPROVED: MAYOR EAGLE CITY COUNCIL PUBLIC HEARING SIGN-IN SHEET Subi_ ect:CU-22-00 - Key Bank Branch Office Facility with Drive-un Service - Kev Bank. March 13, 2001 7:30 P.M. NAME PLEASE PRINT LEGIBLY ADDRESS TELEPHONE PRO? CON? Page 1 of 2 EAGLE CITY COUNCIL PUBLIC HEARING SIGN-IN SHEET Subi ect:CU-16-00 - The Family Transitional Home for Youth - The Family Table Inc. March 13, 2001 7:30 P.M. NAME PLEASE PRINT LEGIBLY ADDRESS TELEPHONE PRO? CON? Page 1 of 2 EAGLE CITY COUNCIL PUBLIC HEARING SIGN-IN SHEET Subiect:VAC-8-00 -Vacation to the final plat of Creighton Heights Subdivision - ALSAM Trust March 13, 2001 7:30 P.M. NAME PLEASE PRINT LEGIBLY ADDRESS TELEPHONE PRO? CON? Page 1 of 2 EAGLE CITY COUNCIL PUBLIC HEARING SIGN-IN SHEET Subiect:ZOA-3-00 - Zoning Ordinance Amendment March 13, 2001 7:30 P.M. PLEASE PRINT LEGIBLY ADDRESS TELEPHONE PRO? CON? Page 1 of 1 CG 343/o/ City of Eagle Ada County Sheriff's Office Month End Report for February 2001 Presented to: Mayor Rick Yzaguirre On Behalf of: Sheriff Vaughn Killeen By: Sgt. Patrick Calley Sergeant Patrick Caney Feb 2 — Senate Sub Committee testimony hearing RE: Community Resources for Families Feb 7 — FSD Sergeant StaffMeeting Feb 10 — Eagle Chamber of Commerce Customer Appreciation Day Emergency Response Team Demonstration Children's Safety Feb 12 — Emergency Response Team Training: Firearms Feb 13 — Eagle City Council Feb 14 — Eagle High School Security Assessment Feb 14 — Training — Alzheimer's Response Feb 15 — Eagle High School Academic Academy Feb 15 — Lexington Hills Homeowners Association Annual Meeting Presentation: Creating Community Response for the Future Feb 20 — Team Eagle Administrative Meeting Feb 24 — Emergency Response Team Training: Hostage Rescue Scenario and Civil Disobedience Feb 26 — FSD Command StaffMeeting Feb 26 - Contract Budgeting Meeting Deputy Dana Borgquist Feb 1— Met with Jeff from Planning & Zoning and got plot maps for subdivisions that need lights. Feb 1— Reserve Scott Jenkins rode -a -long. Feb S — New prosecutor, Ellen rode -along. Feb 22 — New domestic violence victim coordinator Jennifer Skelton rode -a -long. Feb 23 — Explorer Travis Whipple rode -a -long. Deputy Matt Buie Feb 14 — Went with Deputy McDaniel to Eagle Ilgh School to familiarize ourselves with the layout of the school in the case of a critical incident. Also met with Sergeant Caney and Detective Cortez and discussed critical incident response procedures to the school Feb 15 — Assisted other Eagle officers and Ada County detectives with security concerns at the Academic Assembly at Eagle High School. Feb 20 — Attended Team Eagle meeting at substation. Feb 21— Went with Deputy McDaniel to the Seventh Day Adventist Preschool and spoke to the kids about safety. We spoke about wearing a bicycle helmet, when to call 911, how to cross the street and a little about what we do as patrol officers. Feb 21— Read the Alzheimer's Awareness Pamphlet for law enforcement. This helps us as officers to be more aware of how person with Alzheimer's might act and how to interact with them to get them help. Feb 28 — Handed out Responsible Party cards to businesses at the City Market. This card is used for businesses to provide key -holder information in case of an emergency at their business. It is a postage paid card that is sent to Ada County Dispatch Center, where all law enforcement, fire and EMS personnel have access to it. Deputy John Dewey Feb 10 — Eagle Customer Appreciation Day -helped set up and take down the booth. Visited some with the citizens of Eagle. Feb 18 — Spoke with Two Rivers resident, Steve Russell, about starting homeowners meeting in sub- station. Feb 20 — Attended Team Eagle meeting at substation. Feb 23 — Met with Sergeant Calley about traffic and road problems on Eagle Road in front of Albertsons. Deputy Craig Durrell Feb 20 — Attended Team Eagle meeting at the substation. Feb 24 — Participated in seatbelt saturation and traffic control on Eagle Road. Results were 14 speeding citations, 5 seatbelt citations and 3 no moving citations. Feb 28 — Presented information to three first grade classes on 911 calls. Discussed importance of not pranking 911, including the consequences. Also discussed what information they would need to tell the person and how to be observant so they could give good descriptions. Feb 28 — Read the handout on Alzheimer's to better handle any people we may need to help. Deputy Luis Gutierrez Feb 6 — K-9 training. Feb 12 — Emergency Response Team Training: Firearms. Feb 15 — Attended the Annual Lexington Hills Homeowners Association meeting. Feb 20 —K-9 training. Feb 24 — Emergency Response Team Training: Hostage Rescue and Civil Disobedience. Feb 26 — Attended the joint City Council and P&Z meeting at City Hall. Deputy John Harris Feb 9 — Participated in Eagle area burglary task force. Feb 14 — Presented the Eddie Eagle gun safety program to 62 first graders at Eagle Elementary. Feb 20 — Reviewed Alzheimer's handouts and training information. Feb 20 — Attended Team Eagle meeting at substation. Deputy Jon McDaniel Feb 6 — Attended Early Intervention meeting at Eagle Elementary with T Howell. Feb 14 — Went with Deputy Buie to Eagle High to review layout of school. Also talked with Sergeant Caney and Detective Cortez about critical incidents. Feb 15 — Assisted Eagle High School with security issues during their Academic Assembly. Feb 20 — Reviewed Alzheimer's handouts and training forms. Feb 20 — Attended Team Eagle meeting at substation. Feb 21— Went with Deputy Buie to Seventh Day Adventist preschool and talked about safety issues. Deputy Jeff Winegar Feb 10 — Assisted T Howell and Sergeant Calley at Rocky Mountain Fitness for the Eagle Customer Appreciation Day. Talked with Eagle residents, passed out stickers, pencils, and trading cards. It was a great success. Feb 11— Did follow-up on a family that is frequently visited. There are repeated calls from this family and lasttime they were visited we had a heart-to-heart family talk and mom said that things have been better since that visit. Feb 13 — Attended city council meeting and gave impromptu presentation to council on my recommendation of speed limit changes on Eagle Road and on Horseshoe Bend Road by skateboard park. Feb 18 — Attended briefing with Garden City patrol team reference liability and responsibility during officer involved shooting. Feb 20 — Attended Team Eagle meeting at sub -station. Feb 26 — Attended joint meeting with City Council, P&Z and ACHD. Field Service Technician, Terisa Howell Feb 6 — Attended an early intervention meeting with Deputy McDaniel. Will probably be taking over this for Deputy McDaniel. Feb 8 — Attended committee meeting for Eagle Easter Egg Hunt. Duties were assigned to everyone and got flyers out for businesses to start purchasing eggs. Feb 10 — Customer Appreciation Day at Rocky Mountain Fitness Center. Sergeant Calley and I stayed at the booth for the duration of the event. Passed out stickers, pencils and trading cards. Feb 13 — Attended Law Week test at POST Academy. Feb 20 — Attended Team Eagle meeting at substation. Feb 21— Attended committee meeting for Eagle Fun Days and passed information on to Sergeant Calley. Feb 22 — Attended committee meeting for Eagle Easter Egg Hunt at Bosanka Village, Guho. Feb 26 — First meeting with "Visions" Girl Scout group at Eagle Hills. Wil be taking over as leader of the group. We will meet twice a month. Detective Todd Jolkffe (Eagle Academy) Feb 2 — Finished month end report for Sergeants. Sarai Peterson claims that her camera was stolen. Feb 5 — Attended detective and SRO meetings. Feb 6 — Changed parking before school to catch smokers. Feb 7 — Spoke with nares about possible grow. Had meeting with parents of some kids. Feb 12 — Attended detective meeting. Gave a ride to some students when their car broke down. Feb 13 — Talked with several students about behavior at home as well as school. Feb 15 — Assisted with Eagle High School assembly. Feb 16 — Stam meeting and school safety presentation. Feb 21 — Court cancelled. Sarai Peterson found camera at home, never was stolen. Runaway caught at airport by BPD. Feb 22 — Interviewed several students about Eagle Laundry burglaries. Feb 23 — Attended MDT training. Detective John Murray (Eagle Middle School) Feb 1— Transported student to Intermountain Hospital. Feb 6 — Met with student about school attendance. Met with a parent about possible drug use. Feb 8 — Met with parents and student about re-entry into school. Feb 12 — Talked with parents and student about theft of money. Feb 13 — Met with student about a battery. Feb 14 — Did follow-up on battery report and met with a student about theft of money. Feb 15 — Attended Eagle High School Academic Assembly. Feb 20 — Talked with student about vandalism. Attended team meeting at substation. Eagle Month End Report February 2001 Jan. Feb Misdemeanor Arrests 10 Felony Arrests 1 DUI Arrests 5 Warrant Arrests 12 26 City Ordinance Citations 0 0 Non -Injury Accidents 30 Injury Accidents 5 <: rrtis,.. Skateboard Violations 0 x (Tobacco 0 Parking Citations 0 wInsoggMage Monthly Comparison 0/ cG3//(3/ORIGINAL DESIGN REVIEW BOARD MINUTES January 11, 2001 The Design Review Board met in regular session on January 11, 2001. Chairman Murray presiding. 1. CALL TO ORDER: 2. ROLL CALL: The following members were present: MURRAY, MC CULLOUGH, ANDERSON, BARNES, Absent: Board Member KENISON COUNCIL LIAISON MERRILL, A quorum is present. 3. 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 a Design Review Board member, 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 Rules of Order. • Any item on the Consent Agenda that contains written recommendations from the City of Eagle shall be adopted as part of the Design Review's Consent Agenda approval motion unless specifically stated otherwise. A. Minutes of December 14, 2000. Murray moves to remove the minutes of December 14, 2000 from the Consent Agenda and place under Unfinished Business for corrections. Seconded by Anderson. ALL AYE...MOTION CARRIES. Council Liaison Nancy Merrill arrives. 4. UNFINISHED BUSINESS: Murray makes corrections to the minutes. Need to clarify the motion made under DR -60- 00 and continue to the next meeting. McCullough moves to remand minutes back to staff for corrections and bring back to the next Design Review Meeting. Seconded by Anderson. ALL AYE...MOTION CARRIES. 5. NEW BUSINESS: None 6. PUBLIC HEARING: Page 1 of 8 11EAGLENT1ICOMMONIDESI REVIMINUTESITemporary Minutes Work Area1DR-01-11-01min.doc A. DR -67-00 - Mini Storage Facility -Willowbrook Development, Inc: Willowbrook Development, Inc., represented by Cornet Larson with Larson Architects, is requesting design review approval to construct a mini storage facility consisting of 98,640 -square feet at total build out. The site is located on the west side of Horseshoe Bend Road approximately 1/2 mile north of State Street at 8353 North Horseshoe Bend Road. Murray introduces the item. Cornel Larson, 210 Murray Boise, Idaho 83714, with Larson Architects representing Willowbrook Development presents the application. Mr. Murray asks question of Mr. Larson regarding the height of the building and if they will be matching the existing public storage building. Discussion on door height. McCullough asks the applicant the grade of the landscape berm along the eastern edge of the building. Barb Cerda presents the staff report. Ms. Cerda states that the applicant will need cross access from the property to the north and cross access to the south for the fire department. Murray opens the public hearing. No public testimony. Murray closes the public hearing. Mr. Larson answers questions from the Board regarding the fire access and the building height. Mr. Larson states that a fence will be provided along the south western portion of the site Murray asks Ms. Cerda about the parcel south of this site and whether it has been approved yet, being as it is preliminary all mention of this site should not be referred to as the Winco site. McCullough moves to approve DR -67-00 - Mini Storage Facility - Willowbrook Development, Inc, with staff recommendation and add to site specific conditions, Item #6, the applicant will comply with all requirements provided by ACHD including the sidewalk along the Horseshoe Bend Highway. Item #7, the applicant will be required to obtain cross access to and from the property to the north & south. The southern cross access will be needed as required by the Eagle Fire Department. Page 2 of 8 11EAGLENTIICOMMONIDESI_REV\MINUTES\Temporary Minutes Work Area1DR-01-11-01min.doc Item #8, the maximum height for buildings #4, 5, 6, & 7 will be 21 feet. Seconded by Anderson. Discussion. ALL AYE... MOTION CARRIES. B. DR -68-00 — Common Area Landscaping for Banbury Meadows Subdivision No. 5 — Banbury Meadows LLC: Banbury Meadows LLC, represented by Dick Phillips, is requesting design review approval of the landscaping within the common area of Banbury Meadows Subdivision No. 5. The site is located on the east and west sides of Locust Grove Road extended approximately l/ mile north of Chinden Boulevard. Murray introduces the item. Cornel Larson 210 Murray Boise, representing Banbury Meadows LLC, presents the application. McCullough asks Mr. Larson about continuation of plant material along Locust Grove to lot #2 block 39. Murray asks Ms. Cerda about removal of Black Locust Trees and if these trees were in the original landscape plan. Mr. Murray would like to make sure these trees are in compliance with Eagle City Code. Murray opens the public hearing. Debra Svedburg, 1640 Joplin Lane, Meridian. Ms. Svedburg states she has a verbal agreement with the developer (Hoff) regarding the easement and control of the landscaping along the curbing to protect her view. Murray closes the public hearing. Cornel Larson rebuts the testimony. Mr. Larson states they are happy to work with Ms. Svedburg regarding landscaping to her satisfaction. McCullough has a concern with the location and species of the plant material, he would like to see some intermixing. Murray asks Mr. Larson if this landscaping plan is in compliance with original plan. Discussion amongst the Board. Murray moves to continue DR -68-00 — Common Area Landscaping for Banbury Meadows Subdivision No. 5 — Banbury Meadows LLC with the site specific and standard conditions of approval with the following amendments. • The applicant shall provide staff and Design Review Board with a pre Page 3 of 8 11EAGLENT1ICOMMONIDESI_REV\MINUTES\Temporary Minutes Work Area1DR-01-11-01min.doc survey of all existing trees indicated to be removed as part of this application. • The landscape plan shall be revised to reflect additional landscaping on the sloped area adjacent to the residential property not part of this application, where it crosses Kids Creek. • The applicant shall review the tree planting mixture to provide a greater variety between roadway sides. • The applicant shall return to the Design Review Board with the complete landscape plan that was approved in a previous application. • The Design Review Board endorses the alignment north of Locust Grove Road as presented, and the extension of landscaping in roadway is currently listed to terminate at lot #2 block 39 of the Banbury Meadows Subdivision. Seconded by McCullough. Discussion. McCullough moves to amend the motion to strike # 4 and replace it with when the landscape is redesigned have the Bradford Pears replace the Lindens on the west side of Locust Grove. Seconded by Murray. Discussion. Murray adds another site specific condition, to remove the "TL" listing of the landscape plan and substitute it with "BH". ALL AYE... MOTION CARRIES. C. DR -69-00 — Eagle Fire Station — Eagle Fire Protection District: Eagle Fire Protection District, represented by Larry Knopp, is requesting design review approval to construct a 21,000 -square foot fire station. The site is located on the northeast corner of Iron Eagle Drive and Plaza Drive at 966 East Iron Eagle Drive. Murray introduces the item. Larry Knopp, 355 S. Third St. Boise, representing the Eagle Fire Protection District presents the application. Mr. Murray states that the mechanical equipment will need to be screened by a parapet and that the applicant will need to submit a sign application. Mr. Knopp presents to the Board a proposal to provide a facility to screen the trash enclosure and a generator that will only be used in case of emergency power outage. Board discusses the lighting fixture "WB 1" and states it is not in compliance with Eagle City code. Page 4 of 8 \\EAGLENTIICOMMON\DESI_REV\MINUTES\Temporary Minutes Work Arca\DR-01-11-01min.doc Barb Cerda presents the staff report. Discussion between Cerda and the Board regarding who is going to complete the landscaping, the applicant or the developer. Murray opens the public hearing. Murray closes the public hearing. Board asks questions of Mr. Knopp regarding the trees that the developer has not complied with from the original landscape plan. This will be a condition required prior to the applicant obtaining a Certificate of Occupancy. Mr. Knopp states that one concern the fire department has with the landscaping is in item #3. The line of site should not be encumbered due to the landscaping requirements for this berm. Discussion amongst the Board. Anderson moves to approve DR -69-00 — Eagle Fire Station — Eagle Fire Protection District with staff recommendations and the following additions to the site specific conditions. • Item #1 to read on line number 2, the west side of trash enclosure and emergency generator enclosure. • Item #4, show landscape island located in the parking area abutting the northern property line so that no parking spaces are longer than 60 feet from any landscaping areas. Revised landscape plans shall be reviewed and approved by staff and one member of Design Review Board prior to issuance of a building permit. Recommend to the City Council that they rotate at least two or three of the parking spaces to be compact car spaces and rotate the landscape island. • Item #5, the applicant shall be required to provide a revised landscape plan showing street trees located 35 feet on center along Plaza Drive and East Iron Eagle Drive (approximately 8 trees) except at the driveway for emergency vehicles. • Item #9 recommend that on the east side of the building the plant material have a more vertical plant selection. Seconded by Barnes. Discussion. • Anderson amends item #5, to add another sentence, "tie the landscape plan into the original approved landscape plan for the Rocky Mountain Business Park". Seconded by Barnes. Discussion. Page 5 of 8 11EAGLENT1ICOMMONIDESI_REVIMINUTES1Temporary Minutes Work Area1DR-O1-11-01min.doc • Anderson again amends #5 to add, "this needs to be done before a Certificate of Occupancy permit is given". • Also add to item #10, "recommend that the acorn light fixtures proposed on the building be brought back with a revised lighting selection with staff approval and one member of Design Review Board. Discussion. • Anderson amends item #2 to include the trash enclosure and emergency generator enclosure be gated with complementing building materials. Seconded by Barnes. ALL AYE...MOTION CARRIES. D. DR -70-00 — Common Area Landscaping for Eagle River Subdivision — Eagle River LLC: Eagle River LLC, represented by Phil Hull with the Land Group, is requesting design review approval of the landscaping within the common areas of Eagle River Subdivision and subdivision signage. The site is located on the southeast corner of Eagle Road and Highway 44. Murray introduces the item. Dave Koga, 128 Eagle Road, Eagle, with the Land Group representing the applicant presents the application. Board asks questions of Mr. Koga. Barb Cerda presents the staff report. Murray opens the public hearing Murray closes the public hearing. Mr. Koga clarifies items he presented in his presentation. Murray states that the Board does not normally approve signage without approving materials. McCullough moves to continue DR -70-00 — Common Area Landscaping for Eagle River Subdivision — Eagle River LLC. Motion dies for lack of second. Discussion. Murray moves to continue DR -70-00 — Common Area Landscaping for Eagle River Subdivision — Eagle River LLC on the condition that the amount of signage and entry features require additional detailing as well as material submittals prior to approval of Design Review Board. Page 6 of 8 11EAGLENTIICOMMONIDESI_REVIMINUTES1Temporary Minutes Work Area1DR-01-11-01min.doc • The Design Review Board recognizes the submitted landscape plan is out of compliance with the approved development agreement and must be modified and approved by City Council. The applicant is encouraged to provide additional detailing with respect to rear signage burning and provide this in a presentation to the Board at the next Design Review meeting. Seconded by Anderson. Discussion. • McCullough amends motion to state, " the landscaping around the signage and entry water features should be redesigned with respect to scale and variety and be presented again. The median island planting should be redesigned to integrate some evergreen shrub material". Seconded by Anderson. Discussion. ALL AYE... MOTION CARRIES. E. DR -71-00 — Two CommerciaUOffice Buildings — NM Enterprise: NM Enterprise, represented by Stillman Anderson with Leatham-Krohn-Van Ocker Architects, is requesting design review approval to construct one 4,800 -square foot and one 5,194 -square foot commercial/office buildings. The site is located on the west -side of Edgewood Lane approximately 500 - feet north of State Street at 347 Edgewood Lane. Murray introduces the item. Stillman Anderson, 1735 Federal Way Boise, Idaho with Leatham-Krohn-Van Ocker Architects presents the application. Mr. Anderson presents samples of split face, smooth face and accent colors to the Board members. The Board asks questions of Mr. Stillman. Barb Cerda presents the staff report. Murray opens the public hearing. Charles Law, 233 S. Duke Ave, Eagle. Mr. Law states this is a nice quiet neighborhood, and has concerns about this particular building. Murray closes the public hearing. Anderson would like to see some more detail on this building instead of a square box. McCullough would like to see some larger trees on this site. Page 7 of 8 \\EAGLENT11COMMON\DESI_REV\MINUTES\Temporary Minutes Work Area\DR-01-11-01min.doc Barnes has a problem with this design being too simple, and questions the potential use for this building, she is also concerned about the brick wall surrounding the building. Murray also concurs with Barnes on the block wall. Mr. Murray would like to see another way to develop this site. Anderson moves to continue DR -71-00 — Two Commercial/Office Buildings — NM Enterprise and come back with a redesign on the building and a site plan. Seconded by Barnes. Discussion. Anderson withdraws her motion and moves to deny approval of DR -71- 00. Seconded by Barnes. ALL AYE... MOTION CARRIES. 7. REPORTS: A. Design Review Board Members: Murray welcomes new member Debbie Barnes. Discussion on the Joint Meeting to be held on January 29, 2001. B. Council Liaison: Discusses signage issues. C. Staff: Discusses the problems with stacking applications. ADJOURNMENT: Moved by McCullough and seconded by Anderson to adjourn at 10:32p.m. ALL AYE...MOTION CARRIES. RESPECTFULLY SUBMi rr✓a): SHARON K. MOORS CITY CLERK/TREASURER .4t OF 114 /01 )\ ESL Page 8 of 8 11EAGLENTIICOMMON\DESI_REVIMINUTES\Temporary Minutes Work Area1DR-01-11-01min.doc CHAIRMAN A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT CITY HALL. Page 9 of 8 11EAGLENT1ICOMMONIDESI_REVIMINUTES1Temporary Minutes Work Area1DR-01-11-01min.doc DESIGN REVIEW BOARD MINUTES February 22, 2001 a-fieov-e 31F --/v/ 5// 3/0/ The Design Review Board met in regular session on February 22, 2001. Chairman Murray presiding. 1. CALL TO ORDER: 6:05 p.m. 2. ROLL CALL: The following members were present: MURRAY, KENISON, BARNES, Absent: COUNCIL LIAISON MERRILL, MC CULLOUGH, ANDERSON. A quorum is present. 3. 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 a Design Review Board member, 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 Rules of Order. • Any item on the Consent Agenda that contains written recommendations from the City of Eagle shall be adopted as part of the Design Review's Consent Agenda approval motion unless specifically stated otherwise. A. Minutes of February 8, 2001 Murray removes this item to be heard as item 6B as minor corrections need to be addressed. Seconded by Kenison. ALL AYE...MOTION CARRIES. 4. UNFINISHED BUSINESS: None 5. NEW BUSINESS: None 6. PUBLIC HEARING: A. DR -73-00 — New Classroom Buildine for Eas=le Academy School — Meridian School District No. 2: Meridian School District No. 2, represented by Stillman Anderson with Leatham-Krohn-Van Ocker Architects, is requesting design review approval to construct a 12,000 -square foot classroom building to replace the existing four relocatable classroom buildings. The site is located on the north side of Academy Way approximately 600 -feet north of State Street at 100 South Academy Way. (This item was continued from the February 8, 2001 meeting). Murray introduces the item. Stillman Anderson, 1735 Federal Way Boise, Idaho, representing the Meridian School District No. 2. Mr. Anderson reviews the application. Mr. Anderson requests modifications to site specific conditions of approval. Discussion. Page 1 of 4 \\EAGLENT1\COMMON\DESI_REV\MINUTES\Temporary Minutes Work Area\DR-02-22-01spmm.doc Cerda reviews the staff report. Discussion. Murray opens the public hearing. Carol Kent, 355 Rooster Drive, Eagle, Idaho. Expresses her support to Eagle Academy and the application before the Board tonight. Would like a prompt decision, as dragging the approval out would negatively impact students. Amanda Green, 13965 W.Wrigley, Boise, Idaho. Supports this application and states that there is a need for the additional space. Montse Burkart, 3118 W. Cambus, Meridian, Idaho. Supports Eagle Academy and states that there is a great need for additional classrooms. Arron Maybon, 100 S. Academy, Eagle, Idaho. Mr. Maybonis the principal of Eagle Academy. He feels the Academy has had a positive impact on the Eagle community, and feels it has been a good neighbor to the community. Would like as little disruption to the learning atmosphere of the students as possible, that is why they are hoping to complete the bulk of the construction during the summer months. Brenden Chrisman 862 S. Pelican Way, Meridian, Idaho. Asks about the landscaping on the site. Feels the addition is greatly needed at the Academy. Murray closes the public hearing. Wendell Bingham representing Meridian School District. Mr. Bingham states that plans for Lot 1 Block 1 are currently being drafted by The Land Group and are in hopes to bring those in this slimmer. They are also pursuing installing the fencing. Once these are installed, the School District will be coming to the City seeking a permanent certificate of occupancy. Comments on the removal of the portables prior to occupancy and proposes a June 1, 2002 date and explains the reasons behind this. Discusses the site-specific conditions that the School District is requesting be eliminated. Discussion between Mr. Anderson, Mr. Bingham and the Board. Discussion amongst the Board. Murray moves to approve DR -73-00 New Classroom Building for Eagle Academy School Meridian School District No. 2 with the standard and site specific conditions of approval with the following set forth in the staff report modifications to the site- specific conditions. • Site specific condition #1:The applicant shall be required to provide construction fencing around all existing trees within 25 ' of the construction site and building area combined. The construction fencing shall be installed prior to commencement of on site construction. Page 2 of 4 11EAGLENTI\COMMON\DESI_REVIMINUTES\Temporary Minutes Work Area\DR-02-22-41spmin.doc • #2: The applicant shall be required to provided a detailed landscaping plan showing conformance to Eagle City Code for a landscape buffer concealing the trash enclosure. The landscape plan shall be reviewed by staff and one member of the Design Review Board prior to issuance of a building permit. • Item #3 shall be removed. • #4: The applicant shall be required to provide interior parking lot landscaping at the terminous points of the free standing parking immediately west of the proposed handicap parking. Those terminous islands shall be in compliance with current City Code. The applicant shall be required to provide a revised landscaping plan to be reviewed by staff and one member of the Design Review Board prior to issuance of a building permit. • #5 shall read: The applicant shall be required to provided revised details of the lighting that is attached to the new classroom building. In addition the existing parking lot lighting luminaires shall be replaced with luminaires that meet current Eagle City Code. The revised lighting detail shall be reviewed and approved by staff prior to issuance of a building permit. • Item #6 shall be removed. • #7 shall read: The landscaping, irrigation and other required improvements within Lot 1 Block 2, in Casa Esquela Subdivision shall be completed prior to December 1, 2001. The Design Review Board recognizes a link between these two applications and encourages the applicant to proceed with the previously approved Design Review application to meet this requirement. • Item #8: The 3 portable classrooms and the building known as the quad which is in front of the existing multipurpose building shall be removed prior to June 30, 2002. An extension of time shall be granted when requested by the School District in writing. Upon removal of all classroom buildings the existing turf area shall be re-established. Should the current perimeter classroom landscaping be removed, revised, or altered in any way, the applicant shall be required to meet with staff and one member of the Design Review Board with the design intent. • #10 shall read: The applicant shall be required to provide a tree planter minimum dimension of 59 square, which would then represent a compact space for the parking lot spaces adjacent to the west property line. The applicant shall place this planter, one planter for every 10 parking spaces. Said planters shall be provided with pressurized irrigation and the landscaping shall be reviewed by staff and one member of the Design Review Board prior to issuance of a building permit. • The Design Review Board recognizes the intensity of this development and supports the expansion of the Eagle Academy. The conditions as stated represents a compromise in attempting to bring The Academy parking lot, lighting and landscaping to meet current city code. Seconded by Kenison. Discussion. Murray amends his motion to add: • The Design Review Board has reviewed and accepts the revised site plan dated received with the City of Eagle January 30, 2001 S-2 and S-3 dated 12/21/00. This site plan should represent compliance with the Design Review Boards intent for a plaza area as well as the EFD needs for fire access. Page 3 of 4 11EAGLENT11COMMON\DESI REVIMINUTES\Temporary Minutes Work Area1DR-02-22-01 spmin.doc Kenison concurs with the amendment. ALL AYE...MOTION CARRIES. B. Minutes of February 8, 2001 Discussion regarding corrections to the minutes. Murray moves to approve the minutes of February 8, 2001 as amended. Seconded by Barnes. TWO AYE... KENISON ABSTAINS...MOTION CARRIES. 7. REPORTS: A. Design Review Board Members: None B. Council Liaison: Absent C. Staff: None 8. ADJOURNMENT: Barnes moves to adjourn at 8:30 p.m. Seconded by Kenison. ALL AYE...MOTION CARRIES. RESPECTFULLY SUBMITTED: SHARON K. MOORE CITY CLERK/TREASURER APPROVED: JAMES G. MURRAY CHAIRMAN A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT CITY HALL. Page 4 of 4 \\EAGLENTIICOMMONIDESI_REVIMINUTESITemporary Minutes Work Area\DR-02-22-01spmin.doc ppr-:) oo-c, c Mayor introduces the issue. General discussion. Bastian moves to remove DR -11-98 MOD from the Agenda. Seconded by Merrill. ALL AYE: MOTION CARRIES 6. FINAL PLATS: NONE 7. UNFINISHED BUSINESS: A. Transfer of property documents from Edge Development to the City of Eagle. (SEB) Mayor introduces the issue. City Attorney: Discussion on the provisions of the Agreement for the Conveyance of Real Property between the City of Eagle and Edge Investments, LLC. General discussion. Merrill moves to continue the Revised Draft Agreement for the Conveyance of Real Property with Edge Investments to the next regularly schedule meeting on May 9, 2000, and that we try to review the Agreement with Drainage District #2 at the same time. Seconded by Bastian. ALL AYE: MOTION CARRIES B. Review and anoroval of the lease agreement between Rocky Mountain Business Park and the City of Eagle for the new temporary skateboard Dark location. (SEB) Mayor introduces the issue. Susan was waiting for me to provide her information. The Lease amount will be $500 a month for a period of 6 months. General discussion. Reid Merrill, Jr., discusses the agreement and the possibility of a permanent site in the Rocky Mountain Business Park. Merrill moves to continue the lease agreement between Rocky Mountain Business Park and the City of Eagle for the new temporary skateboard park location to May 9, 2000. Seconded by Bastian. ALL AYE: MOTION CARRIES C. Review and approval of the lease agreement between the Chamber of Commerce and the City of Eaile. (SEB) Mayor introduces the issue. City Attorney: Discusses the proposed lease agreement. Bastian moves to approve the Lease Agreement between the City of Eagle and the Eagle Chamber of Commerce for a monetary sum of $250.00 per month and accept all of the conditions of the contract as discussed this evening. Seconded by Merrill. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES ▪ D. Discussion of the Holladay Engineering's fees to survey pathways. (NM) '• Mayor introduces the issue. • • • • Merrill: This is the surveying fees for the pathways. Vern Brewer, Holladay Engineering. Holladay Engineering acted in behalf of the City and requested bid proposals on surveying costs and we have received some proposals back. General discussion. Sedlacek moves to authorize Holladay Engineering and the City Attorney to work together to get an agreement and authorize the survey work and authorize Council President Merrill to proceed with the property owners. Seconded by Merrill. ALL AYE: MOTION CARRIES Page 3 K ,000NCIL1.Minutes.2000' CC-O3-25-OOmin doc April 25, 2000 City Council Meeting Item 7.D. Discussion of the Holladay Engineering's fees to survey pathways. Vern Brewer: (verbatim transcription) We went out and requested proposals for some surveying work on pathway along Eagle Island from the pedestrian bridge out to the Silvan and Barbara Williamson property. We received those estimates back and selected the proposal that best suited the needs of the City and recommended to the City that we enter into an agreement between the City and the surveyor for a sum not to exceed $7,000 to have those points identified and replaced so we could bid the actual construction of the greenbelt pathway. That would not be a Holladay Engineering Company thing. We were actually in the interest of the City going out to seek proposals for that surveying work. If we are going to move on that I would like to have the Council's permission to work with City Attorney to get an agreement, actually a proposals stating the exact work to be done and to be signed by the survey company which is Marks Land Surveying. This is the one that gave us the lowest cost on the proposal. I would like to have this ready for the next meeting. General Council discussion on the surveying work to be done. Vern Brewer: So what I am asking for is the ability to have the City Attorney's input to draft an agreement between the City and Marks Land Surveying for this work and I believe Nancy would like to have the ability for her to have this agreement signed with the property owners allowing us interim access for construction. Seldacek makes her motion. 3o c7 c ( Tr\ Merrill moves to approve DR -21-00 Retail/Office Building - Waldron/Graham/Eagle Gravel Corporation. Seconded by Guerber. ALL AYE: MOTION CARRIES Merrill moves to add as 8B. Idaho Power Agreement for power lines, 8C. Donation to the Chamber of Commerce for Eagle Fun Days, and 8D. Summer Recreation swimming program. Seconded by Guerber. ALL AYE: MOTION CARRIES 5. FINAL PLATS: None 6. UNFINISHED BUSINESS: A. Transfer of nronertv documents from Edge Development to the City of Eagle. (SEB) Mayor introduces the issue. Buxton: I request that we table this matter. Guerber moves to table this matter to the June 13, 2000, City Council agenda. Seconded by Merrill. ALL AYE: MOTION CARRIES • •' BASTIAN IS IN ATTENDANCE. B. Discussion of nrice quote from Holladay Engineering for survey of pathways. Mayor introduces the issue. • Vern Brewer, Holladay Engineering: I believe this item was discussed and I was under the impression that it was approved at an earlier meeting about a month ago. Just to refresh your memory, we did receive price quotes for surveying the pathway for about 3/4 of a mile. It was approximate $4,700 but a portion of the quote was misunderstood so I requested and I received approval of Council to authorize not to exceed the amount of approximately $7,000 and to authorize that survey. So I don't believe there is any other action that is needed by the Council. 7. PUBLIC HEARINGS: A. Ordinance 369 - Amending the Animal Control ordinance: An Ordinance Of Eagle, Ada County, Idaho, Amending Portions Of Title 4, Chapter 5, Animal Control, Eagle City Code, Specifically Repealing Eagle City Code 4-5-3 Enforcement, Replacing 4-5-3 Defining Vicious Dog; Replacing Eagle City Code 4-5-4 To Provide For Enforcement; Adding Eagle City Code 4-5-4-1 Providing For Administrative Procedure; Adding Eagle City Code 4-5-4-2 Determination Of Viciousness And Destruction Of Vicious Dog; Adding Eagle City Code 4- 5-4-3 Providing Violations And Penalty Including Fees; Amending 4-5-5 Providing For Dog Licenses And Special Provisions; Repealing 4-5-6 Dogs, Special Provisions And Providing An Effective Date. (SKM) Mayor introduces the issue. Mayor opens the Public Hearing. Buxton: This is to update and amend the existing ordinance. We had some issue that arose concerning vicious dogs and it was brought to our attention by the Sheriffs Office that the existing ordinance was not adequate in this area. Mayor closes the Public Hearing. Guerber Moves, pursuant to Idaho Code, Section 50-902, that the rule requiring Ordinances to be read on three different days with one reading to be in full be dispensed Page i K'COUNCILMmwu\2000`CC-05-30-00mm due RECEIVED & FILED 111 CITY OF EAGLE HOLLADAY ENGINEERING CO. MAR 13 2001 ENGINEERS • CONSULTANTS E 32 N. Main P.O. Box 235 Payette, ID 83661 (208) 642-3304 • Fax # (208) 642-2159 Date: March 12, 2001 From: Holladay Engineering Elwin T. Butler, Staff Engineer 32 North Main Payette, Idaho 83661 To: Rick Yzaguirre, Mayor City of Eagle 310 E. State St. Eagle, Idaho 83616 (208) 939-6827—Fax Subject: Agreement Form & Notice to Proceed FiIP• Route tom, Enclosed are the Agreement Form, Notice to Proceed, and Insurance Certificates. Please review these items. If these items meet your approval, a time will be set up with Anvil Fence Company and Mayor Yzaguirre to sign these documents. Items E and F of 32 of the Supplementary Conditions are less than stated in the contract documents. The Contractor has requested that the City Council review the Insurance Certificates and accept them as written. The Payment Bond, Performance Bond, and Public Works Contract Report have been received by Holladay Engineering Company. Thank you, Holladay Engineering Co. ��G� i By: CnLn r - Elwin T. Butler, EIT, Staff Engineer WATER • WASTEWATER • SOLID WASTE • PUBLIC UTILITIES • STRUCTURES • PLANNING • STUDIES AGREEMENT FORM THIS AGREEMENT is between Anvil Fence Company (hereinafter called CONTRACTOR) and City of Eagle. Idaho (hereinafter called OWNER). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. WORK. 1.1. CONTRACTOR shall complete Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Eagle Island Bike Path, Project No.'081599, removal of 1080 -feet of existing fencing, construction of a 4-barbwire fence consisting of 2822 -feet, and install two 12 -foot steel gates. 2. ENGINEER. 2.1. Holladay Engineering is hereinafter called ENGINEER and is to act as OWNER's representative, assume duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 3. CONTRACT TIME. 3.1. Contract Times: 3.1.1. CONTRACTOR will achieve Substantial Completion on or before_ , 2001 and Work will be completed and ready for final payment and acceptance in accordance with paragraph 14.13 of the General Conditions on or before , 2001. 3.2 Liquidated Damages: 3.2.1. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph Contract Times above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. OWNER and CONTRACTOR also recognize the delays, expense and difficulties involved in proving in a legal or other dispute resolution proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER one hundred dollars and zero cents ($100.00) for each day that expires after the time specified in paragraph Contract Times above, for Substantial Completion EG081599 Section 2, Page 2 AGREEMENT FORM until the Work is substantially complete. 3.2.2. After Substantial Completion, if CONTRACTOR neglects, refuses, or fails to complete the remaining Work within the Contract Times or any property OWNER -granted extension thereof, CONTRACTOR shall pay OWNER one hundred dollars and zero cents ($100.00) for each day that expires after the time specified in paragraph Contract Times above for completion and readiness for final payment. 3.2.3. OWNER shall recover such liquidated damages by deducting the amount owed from the final payment or any retainage held by OWNER. 4. CONTRACT PRICE. 4.1. Contract Price: 4.1.1. OWNER shall pay CONTRACTOR the following estimated extended total based on the conformed Bid, which is included as an Exhibit to this Agreement. Thirteen Thousand one hundred fiftv five (words) and eighty cents ($ 13.155.80 ) (words) (figures) dollars subject to additions and deletions as provided in the Contract Document. 5. RETAINAGE. 5.1. Prior to final Completion, OWNER shall retain from progress payments five (5) percent of the value of Work completed, OWNER shall retain five (5) percent of the value of stored materials and equipment. 5.2. OWNER will release to CONTRACTOR all retainage for those separate portions of the Work determined finally complete by ENGINEER and accepted by OWNER for use as intended. 6. INTEREST. 6.1. Monies not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of 1/2 percent per month. 7. CONTRACTOR'S REPRESENTATIONS. 7.1. In order to induce OWNER to enter into this Agreement CONTRACTOR'S representations are as set forth as follows: EG081599 Section 2, Page 3 AGREEMENT FORM 7.1.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, general nature of work to be performed by OWNER or others at the site that relates to Work required by the Contract Documents and local conditions and federal, state, and local Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of Work. 7.1.2. CONTRACTOR has studied carefully reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions, and accepts the determination set forth in paragraph 4.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents. 7.1.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) examinations, investigations, explorations, tests, studies, and reports (in addition to or to supplement those referred to above) which pertain to the conditions (subsurface or physical) at or contiguous to the site or otherwise and which may affect the cost, progress, performance, or furnishing of the work as CONTRACTOR deems necessary for the performance and furnishing of the Work at the Contact Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and not additional or supplementary examinations, investigations, explorations, tests, reports, or similar information or data are or will be required by CONTRACTOR for such purposes. 7.1.4 CONTRACTOR has reviewed and checked information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and has included costs as defined by paragraph 4.3 of the General Conditions. 7.1.5 CONTRACTOR has correlated information known to CONTRACTOR and results of such observations, familiarizations, examinations, investigations, explorations, tests, studies, and reports with Contract Documents. 7.1.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of terms and conditions for performing and furnishing Work. EG481599 Section 2, Page 4 AGREEMENT FORM 8. CONTRACT DOCUMENTS. 8.1. The Contract Documents which comprised the entire Agreement between OWNER and CONTRACTOR conceming Work are defined in paragraph 1.10 of the General Conditions. 8.2. Drawings consist of 5 sheets bearing the following general title: "City of Eagle, Eagle Island Bike Path" 8.3. Addenda numbers 1 to 1 , inclusive. 8.4. Exhibits to this Agreement include: 8.4.1. Request for Proposals 8.4.2. Instruction to Bidders 8.4.3. Bid Form signed by CONTRACTOR 8.4.4. Executed Performance Payment Bond 8.4.5. Public Works Contract Report 8.4.6. Documents submitted by CONTRACTOR prior to execution of Agreement. 8.4.7. Notice to Proceed 9. MISCELLANEOUS. 9.1. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.2. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.3. GOVERNING LAW, The validity, meaning and effect of this Contract shall be determined in accordance with the laws of the State of Idaho applicable to contracts made and performed in that State. The parties agree that any dispute over the term and performance of this contract are subject to the venue of the Fourth Judicial District of the State of Idaho EG081599 Section 2, Page 5 AGREEMENT FORM IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR. OWNER: City of Eaale CONTRACTOR: Anvil Fence Company 310 East State Street. Eaale Id. 83616 106 E. 46th Place. Boise. Id. 83714 By By Date Date [CORPORATE SEAL] Address for giving notices PO Box 1520 Eaale. ID 83616 (208)939-6813: Fax(208)939-6827 (If OWNER is a public body, attach evidence of authority to sign and resolution of other documents authorizing execution of Agreement.) [CORPORATE SEAL] Address for giving notices License No. Agent for service of process: (If CONTRACTOR is a corporation, attach evidence of authority to sign.) END OF SECTION EG081599 Section 2, Page 6 AGREEMENT FORM NOTICE TO PROCEED Dated , 2001 TO: ANVIL FENCE CO. 106 East 46th Place. Boise. Id. 83714 _ (Contractor) PROJECT: Eaale Island Bike Path Fence. City of Eagle. Project No. PR081599 OWNER: City of Eaale. Idaho You are notified that the Contract Time under the above -contract will begin on , 2001. By that date, you are to start performing the work and your other obligations under the Contract Documents. The dates of Substantial Completion and Final Completion are set forth in the Agreement; they are ,2001 and ,2001, respectively. By: Authorized Signature Date Title EG081599 Section 2, Page 14 NOTICE TO PROCEED SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. 1910-8, 1996 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions will have the meanings indicated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings indicated below, which are applicable to both the singular and plural thereof. SC -5.04.6.1 Include as additional insured, as provided in paragraph 5.04.6.1. of the General Conditions, the following parties or entities: OWNER: City of EAGLE, PO Box 1520, Eagle, ID 83616 ENGINEER: Holladay Engineering Co., PO Box 235, Payette, ID 83661 SC -5.04.0 The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide for not less than the following amounts or greater where required by Laws and Regulations: 31. Workman's Compensation and related coverages under paragraphs 5.04.A.1 and A.2 of the General Conditions: A. State Statutory B. Employer's Liability $100.000 /$500.000 /$ 32. Contractor's General Liability Insurance under paragraphs 5.04.A.3 through A.5 of the General Conditions which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody, and control of Contractor: A. General Aggregate: B. Products -Completed Operations Aggregate: C. Personal and Advertising Injury: D. Each Occurrence (Bodily Injury & Property Damage) E. Fire Damage (any one fire) F. Medical Expenses (any one person) $1.000.000 $1.000.000 $1,000.000 $1.000.000 $1.000.000 $500.000 Property Damage Liability Insurance will provide Explosion, Collapse, and Underground coverages where applicable. EG081599 Section 3, Page 46 SUPPLEMENTARY CONDITIONS 33. Automobile Liability under paragraph 5.04.A.6 of the General Conditions shall provide for the following for owned, non -owned, rented, or hired vehicles: A. Combined Single Limit (Bodily Injury & Property Damage) $1,000,000 34. The Contractual Liability coverage required by paragraph 5.04.6.4 of the General Conditions shall provide coverage for not less than the following amounts: A. Bodily Injury: Each Accident Annual Aggregate B. Property Damage: Each Accident Annual Aggregate $1.000.000 $1.000.000 $1.000.000 $1.000.000 5. SC -5.06.A Delete first sentence of paragraph 5.06.A of the General Conditions in its entirety and insert the following in its place: 5.06.A CONTRACTOR shall purchase and maintain until final payment property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations). This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, and ENGINEER's consultants in the Work (all of whom shall be listed as insureds or additional insured parties), shall insure against the perils of fire and extended coverage, shall include "all-risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage, and such other perils as may be provided in these Supplementary Conditions, and shall include damages, losses and expenses arising out or resulting from any insured loss or incurred in the repair or replacement of any insured property (including, but not limited to, fees and charges of engineers, architects, attorneys, and of the professionals). If not covered under the "all-risk" insurance or otherwise provide in these Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph 5.06 shall comply with the requirements of SC -5.06.C. SC -5.06.A.1 Supplement paragraph 5.06.A.1 of the General Conditions as follows: EG081599 Section 3, Page 47 SUPPLEMENTARY CONDITIONS 5.06.A.1 OWNER shall provide a written list of names of all known entities to be named as additional insureds on the property insurance. Any change or addition to the list shall be given in writing to the CONTRACTOR at least seven (7) days prior to that entity performing Work at the site. Additional insureds shall at least include all those listed in paragraph 5.04.8.1 of the General Conditions and paragraph 5.04.8.1 of the Supplementary Conditions. SC -5.06.A.2 Supplement paragraph 5.06.A.2 of the General Conditions as follows: In addition to the above -listed perils, the property insurance shall include other perils including flood and landslide. SC -5.06.B Delete paragraph 5.06.B of the General Conditions in its entirety and insert the following in its place: 5.06.B Boiler and machinery insurance is not required for this Project. SC -5.06.E Delete paragraph 5.06.E of the General Conditions in its entirety and insert the following in its place: 5.06.E If OWNER requests in writing that other special perils be included in the property insurance policies provided under paragraph 5.06 and 5.07 of the General Conditions, CONTRACTOR shall, if possible, include such insurance, and the cost thereof will be charged to OWNER by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, CONTRACTOR shall in writing advise OWNER whether or not such other insurance has been procured by CONTRACTOR. SC -16 Add the following new paragraph immediately after paragraph 16.01: SC -16.02 Mediation 16.02.1 If a dispute arises out of or relates to this contract or the breach thereof and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Rules before resorting to arbitration, litigation, or some other dispute -resolution procedure. Such agreement shall be in writing, and duly signed by the parties. "Parties," as used here, shall include all lenders, funding agencies, and insurance carriers interested in or connected with the Work. 16.02.2 Notice of the request for Mediation shall be filed in writing with OWNER and the American Arbitration Association, and a copy shall be filed with ENGINEER. Request for EG081599 Section 3, Page 48 SUPPLEMENTARY CONDITIONS Mediation shall in no event be made on any claim, dispute, or other matter in question which would be barred by the applicable statue of limitations. 16.02.3 CONTRACTOR will carry on the work and maintain the progress schedule during any Mediation proceeding, unless otherwise mutually agreed in writing. EG081599 Section 3, Page 49 SUPPLEMENTARY CONDITIONS ASL FENCE CO. March 7, 2001 Holladay Engineering Co. P.O. Box 235 Payette, ID 83661 Re: City of Eagle Eagle Island Bike Path Fence Dear Elwin Butler: MIKE THOMPSON, PRESIDENT Please find enclosed the Payment Bond, Performance Bond, Public Works Contract Repor and proof of our general liability insurance. Workman's Comp certificate was ordered on March 6, 2001, and will be mailed directly to you. Regarding Section 3, 5.06.A, Supplementary Conditions, we have an installation floater that covers materials up to a value of $5,000.00. This floater covers the materials, required for your projet, while stored at our location, during transit to the job site and while the materials are on your job site. A certificate showing this floater has been enclosed in this package. We feel confident this floater should cover 5.06A, Section 3, Supplementary Conditions. If you have any questions, please give me a call. Teri Kiser Office Manager ECEHE uu MAR - 8 2001 HOLLADAY ENGINEERING CO. PAYETTE, ID 106 E. 46th Place • Corner of 46th PI. and Chinden • Boise, Idaho 83714 • (208) 375-6767 • FAX (208) 375-6768 STATE INSURANCE FUND 1215 W. STATE ST - P.O. BOX 83720 - BOISE, IDAHO 83720-0044 PHONE (208) 332-2100 - (800) 334-2370 CERTIFICATE HOLDER: HOLLADAY ENGINEERING CO PO BOX 235 PAYETTE ID 83661 Job Reference: UW135R AGENT: 151 Rev. 5/2000 HIGGINS & RUTLEDGE INS INC PO BOX 8567 BOISE ID 83707-0000 (208) 343-7741 City Of Eagle/#081599/Eagle Island Bike Path CERTIFICATE OF WORKERS COMPENSATION INSURANCE The State Insurance Fund hereby certifies that the insurance policy hereunder described is in full force and effect on the date of this certificate and that it remains in full force and effect until cancelled. POLICY NUMBER: 518921 INSURED: ANVIL FENCE CO INC 106 E 46TH PLACE BOISE ID 83714-0000 ORIGINAL EH'ECTIVE DATE: February 1, 1986 Policy in force from February 1, 1986 12:01 a.m. at the mailing address of the insured shown above or the job site in Idaho. PART TWO: EMPLOYERS LIABILITY INSURANCE LIMITS Bodily Injury by Accident $100,000 each accident Bodily Injury by Disease $500,000 policy limit Bodily Injury by Disease $100,000 each employee The insurance coverage applies to employees of the above-mentioned company anywhere in the state of Idaho and also to any employees living in Idaho but working temporarily in a neighboring state. In addition to the required coverage, the following elected coverage also applies: This certificate is valid for one year from date of certificate. In the event of cancellation of said policy, the State Insurance Fund will endeavor to notify the party to whom this certificate is issued by providing ten (10) days advance notice, but the State Insurance Fund shall not be liable in any way for failure to give notice. Dated at Boise, Idaho on March 7, 2001. Kathy Howard Underwriting Department Service Locations Statewide Coeur d'Alene Harbor Center, Suite 100 1000 W. Hubbard Street Coeur d'Alene, ID 83814 208/769-1513 Lewiston 1118 F Street Lewiston, ID 83501 208/799-5050 Pocatello 353 North 4th, Suite 280 Pocatello, ID 83201 208/236-6412 IECEOVE MAR -82001 HOLLADAY ENGINEERING Co. PAYETTE. ID Twin Falls Idaho Falls 621 N. College Rd 525 Park Avenue Twin Falls, ID 83301 Suite 2C 208/736-3064 Idaho Falls, ID 83402 208/525-7287 1 ACORD,. PRODUCER Higgins & Rutledge Insurance P.O. Box 8567 Boise ID 83707-2567 Phone:208-343-7741 Fax:208-343-9371 INSURED Anvil Fence Company 106 E 46th Place Boise ID 83714 COVERAGES IL-1 I 03/07/01 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CERTIFICATE OF LIABILITY INSURANC DATE (MM/DD/YY) INSURER A INSURER 8: INSURER C: INSURER 0: INSURER E: INSURERS AFFORDING COVERAGE Employers Mutual Casualty Co. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE Frei OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: Ti POLICYn JECT 1 I LOC AUTOMOBILE LIABILITY POLICY NUMBER 1D0118401 DGDY)E DE(ATTEMMIEFDATIMM/DD/YY) EXPIRATION) UMITS EACH OCCURRENCE 11/20/00 11/20/01 A X ANY AUTO 1E0118401 11/20/00 11/20/01 ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE UABIUTY ANY AUTO EXCESS LIABILITY 7 OCCUR I ! CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' UABIUTY OTHER FIRE DAMAGE (Any one fire) MED EXP (Any one person) PERSONAL 8 ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EA ACC EACH OCCURRENCE AGGREGATE AGG I RYLIMIITSI IUER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Bike Path Fence Construction. Holladay Engineering Co. and City of Eagle are Additional Insureds regarding the above described project, as their interest may appear. CERTIFICATE HOLDER 1 Y , ADDITIONAL INSURED; INSURER LETTER: A HOLIDAY' Holladay Engineering Co PO Box 235 Hwy 95 Payette ID 83661 $1000000 $100000 $ 5000 $1000000 $2000000 $2000000 $1000000 s $ i CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION1 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Gail Anthony John ACORD 25-S (7197) ©AORD CORPORA ON 1988 ACORD CERTIFICATE OF LIABILITY INSURANC�BSRTVDATE(MMIDDIYYj . _ '�IL-1 03/07/01 'I'HiS CERI'INCA I E IS ISSUED As A MA I I SK Ur INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER Higgins & Rutledge Insurance P.O. Box 8567 Boise ID 83707-2567 Phone:208-343-7741 Fax:208-343-9371 INSURED Anvil Fence Company 106 E 46th Place Boise ID 83714 COVERAGES INSURER A INSURER B: INSURER C: INSURER D: INSURER E: INSURERS AFFORDING COVERAGE Employers Mutual Casualty Co. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY 1D0118401 i CLAIMS MADE 1-7 OCCUR GENL AGGREGATE LIMIT APPLIES PER: POLICY n JEn LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE UABILITY ANY AUTO EXCESS LIABILITY 7 OCCUR n CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' UABILITY OTHER AE(EDY)ED( D) NTMIDIYATE MID/YY 11/20/00 11/20/01 A Installation 1C0118401 11/20/00 11/20/01 Floater DESCRIPTION OF OPERATIONSILOCAT1ONSNEHICLES!EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Bike Path Fence Construction. Holladay Engineering Co. and City of Eagle are Additional Insureds regarding materials stored for the above project at the insureds site located at 106 E. 46th Place; Boise, ID. UMITS EACH OCCURRENCE FIRE DAMAGE (Any one fire) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $1000000 $100000 $ 5000 $1000000 $ 2000000 $2000000 AUTO ONLY - EA ACCIDENT $ EA ACC $ AGG $ EACH OCCURRENCE $ AGGREGATE $ $ $ $ OTHER THAN AUTO ONLY: TORY LIMIITS I I 11- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT Spec Ded CERTIFICATE HOLDER 1 Y 1 ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION! DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. HOLPAYI Holladay Engineering Co PO Box 235 Hwy 95 Payette ID 83661 $ $ $ Form $5,000 $250 Gail Anthony. son ACORD 25-S (7197) `/ ©ACORD CORPORATION 1988 ACORD. PRODUCER /01 CERTIFICATE OF LIABILITY INSURANC SR 1 DATE D THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. Higgins & Rutledge Insurance P.O. Box 8567 Boise ID 83707-2567 Phone:208-343-7741 Fax:208-343-9371 INSURED Anvil Fence Company 106 E 46th Place Boise ID 83714 COVERAGES INSURER A INSURER B: INSURER C: INSURER D: INSURER E: INSURERS AFFORDING COVERAGE Employers Mutual Casualty Co. THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY I CLAIMS MADE n OCCUR POLICY NUMBER 1D0118401 AT(MIIIEDTE(DE MDDYYAMMIDDY) 11/20/00 11/20/01 GEN'L AGGREGATE LIMIT APPLIES PER: ri POLICY PRO - II JECT n LOC AUTOMOBILE LIABILITY A X ANYAUTO 1E0118401 11/20/00 11/20/01 ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY 71 ANY AUTO EXCESS LIABILITY 7 OCCUR n CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY OTHER LIMITS EACH OCCURRENCE FIRE DAMAGE (Any one fire) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Pet person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EA ACC EACH OCCURRENCE AGGREGATE AGG I TORY UMIITS I I UER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Bike Path Fence Construction. The City of Eagle is an Additional Insured regarding the above described project, as their interest may appear. CERTIFICATE HOLDER 1 Y 1 ADDITIONAL INSURED: INSURER LETTER: A CITEAG2 City of Eagle P.O. Box 1520 Eagle ID 83616 $1000000 $100000 $ 5000 $1000000 $2000000 $2000000 $1000000 $ $ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. (:7()&nr4-41cr)-I Gail Ant v oh on ACORD 25-S (7197) ©ACORD CORPORATION 1988 CC.3/l3l 0 5-6-4B No dangerous fireworks to be used within 100 feet of gasoline pumps or M inflammable liquids, nor discharged within 25 feet of where fireworks are sold. 5-6-5-1 Permits Required For public display of dangerous fireworks 5-6-6 Fireworks Stands 5-6-6-1A The building or structure where fireworks will be stored or sold shall not be located M within 50 feet of any gasoline station or flammable liquid dispensing device. 5-6-6-1C Each structure shall be provided with a minimum of 2 water -type fire extinguishers M each having a capacity of at least 2-1/2 gallons, in good working order and easily accessible in immediate proximity of the structure. 5-6-6-1E There shall be at least one supervisor, 21 or older, on duty at all times. M 5-6-6-1F "No Smoking" signs prominently displayed inside and outside, and no smoking M permitted within 25 feet of the stand. 5-6-6-1G No rubbish shall accumulate in or around any stand, and no fire nuisance permitted. M 5-7 Dog Control 5-7-3 Dog Licenses 5-7-3A Licenses are required for all dogs more than 6 months old, except when the owner is M visiting from out of town for no more than 30 days, and dog is licensed in owner's municipality. 5-7-3B License must be attached to an adequate collar on the do_ M 5-7-4 , $i . a i i i' b •: sta, '.r�.. Q , '.••,or v 5 . < f : ' • r o ► ' !.�• SS ` ',I.„, M .10ir i ••• o '"d no !.,a" Eii! 1.46 _''t '1 j ':". :..''11, . '`: .i .34 : „,...vii.p.,••ai:A•11116. i(�T`l�i(f'ei41ii. r I".. i TJr..-+:"e.r4 5iy • r M 5-7-6 5-7-6A 5-7-6B 5-7-6C 5-7-6D 5-7-6E 5-7-6F es me e ro • cts an onditions Use of License Tag: No person shall allow their dog to display a tag issued to another dog, or a tag designed to look like a valid license tag when it is not. Running at Large: No dog shall be allowed to run at large. Such dog must be in the presence of the owner or caretaker and controlled by a leash not to exceed 10 feet in length, or in the immediate care and control of that person. Female Dogs in Heat: Female dogs, when in heat, shall be penned or enclosed in such a manner that precludes other dogs from attacking her or being so attracted to her that they create a nuisance. Rabies: No person shall harbor a dog afflicted with rabies. It is the responsibility of the owner of a dog showing symptoms of rabies, or an unvaccinated dog which has bitten any person causing a skin abrasion to surrender the dog to the Idaho Humane Society or licensed veterinarian for a minimum of 10 days. Nuisance Dogs: No person shall own, harbor, or have in possession a dog defined as a nuisance in section 5-7-2 (any dog which molests passers-by or passing vehicles, trespasses onto property not owned by the dog's owner, is repeatedly at large, damages private or public property, or barks, whines or howls in an excessive, continuous or untimely fashion). Vicious Dogs: No person shall own, harbor, or possess any dog which, when unprovoked, acts in a manner consistent with the definition of a vicious dog as defined in section 5-7-2. an • ite 4 • M M M M M M 5-9 Ada County Nuisance Ordinance 5-9-3 Public Nuisance Declared Unlawful: No person shall create, cause, maintain M or knowingly allow to exist a public nuisance on any premises or real property which the person owns, rents, leases, occupies or has charge or possession of. 5-9-4 Public Nuisance Defined: A condition or use of property which is harmful or injurious to, or creates a danger of harm or injury to, the health, safety or welfare of members of the public. It is further defined so as to include, by way of example, a