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Minutes - 2001 - City Council - 03/20/2001 - Regular
ORIGINAL EAGLE CITY COUNCIL Minutes March 20, 2001 PRE-COUNCIL AGENDA 6:30 p.m.- 7:30 p.m, l. City Facilities Assessment Committee Report: Bill Dietz, 673 W. Fordham Drive Eagle, Idaho. Mr. Dietz presents the report compiled by the Committee. Discussion between Mr. Dietz and Council. Bruce Poe provides architectural input. Doug Landwer, member of the City Facilities Assessment Committee, provides his personal views regarding the type of architecture he would like to see for the new City Hall. Landwer would like the City Hall to remain on the current site and lists his reasons for this sentiment. Morgan Masner states that it was his desire to have the Committee refrain from making a recommendation as to the direction they felt Council should take. Mr. Masner states that the Committee would welcome a workshop should Council desire further input from them. 2. Mayor and Council's Report: Reports at end of meeting. 3. City Engineer Report: No report. 4. City Clerk/Treasurer Report: No report. 5. Zoning Administrator's Report: No report. 6. City Attorney Report: No report. REGULAR COUNCIL AGENDA: 7:30 p,m, 2. 3. 4. CALL TO ORDER: 7:40 p.m. ROLL CALL: MERRILL, BASTIAN, SEDLACEK, GUERBER. PLEDGE OF ALLEGIANCE: CONSENT AGENDA: · Consent Agenda items are considered to be routine and are acted on with one motion. Them 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. Beer and Wine application: American Drug Stores Inc., dba: Sav-On Drugs is requesting Council approval of a beer license (consumption off premises) and wine license (on and off pmmises). (SKM) C. Arbor Day Proclamation: The Mayor and Council proclaim June 9, 2001 as Arbor Day in the City of Eagle. (SKM) D. DR-70-00 - Phase I Common Area Landscaping within Eagle River Subdivision - Eagle River LLC: 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. Eagle River LLC, represented by Phil Hull with the Land Group, is requesting design review approval for subdivision signage and for a portion of common area landscaping within Eagle River Subdivision. This Phase I landscaping plan is limited to the landscaping along the interior streets and within the common areas along and adjacent to Eagle Road and State Highway 44. The site is located on the southeast corner of Eagle Road and Highway 44. (This item was continued from the February 27, 2001 City Council Meeting). (WEV) E. DR-67-00 - Mini-Storage Facility - Willowbrook Development~ Inc.: 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. Willowbrook Development, Inc., represented by Cornel 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 V2 mile north of State Street at 8353 North Horseshoe Bend Road. (WEV) F. DR-8-01 - Four Mobile Offices (Portable Classrooms) for Eagle High School - Meridian Joint 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 Joint School District No. 2, represented by Stillman Anderson with Leatham-Krohn-Van Ocker Architects, is requesting design review approval to install four 1,200 square foot mobile offices (portable classroom buildings) at Eagle High School. The site is located on the east side of Park Lane approximately 2,000- feet north of State Street at 574 North Park Lane. (WEV) G. DR-10-01 - Voice Stream Co - Location Antenna - UbiquiTel Leasing Company: 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. UbiquiTel Leasing Company, represented by Jason Evans, is requesting design review approval to construct a telecommunications antenna on the existing Voice Stream antenna. The site is located on the west side of Horseshoe Bend Road within Republic Storage at 8785 North Horseshoe Bend Road. (WEV) H. DR-11-01 - Building Wall Sign with Reader Board for Eagle Elementary 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 Dean Bickford with Aims Signs Co., is requesting design review approval to construct a building wall sign with a reader board for Eagle Elementary School. The site is located on the west side of Eagle Road approximately ~¼ mile north of State Street at 475 North Eagle Road. (WEV) I. DR-l-01 - Camille Beckman Office and Production Facility Phase I - Camille Beckman: 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. Camille Beckman/Foad and Susan Roghani, represented by Billy Ray Strite with BRS Architects, are requesting design review approval to construct a 104,340-square foot office and production facility and perimeter landscaping. This is the first of three phases which include manufacturing, production, packaging, and office facilities, English cottage style shops, showrooms, bed and breakfast accommodations, gardens, amphitheater and other similar uses. The site is located on the southeast corner of Highway 44 and Park Lane. (WEV) J. DR-12-01 - Common Area Landscaping within Castlebury Subdivision- Capital Development Inc.: 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. Capital Development Inc., represented by Dave Koga with The Land Group, is requesting design review approval of the common area landscaping within Castlebury Subdivision. The site is located on the north side of Chinden Boulevard approximately ~fi mile west of Locust Grove Road. (WEV) Merrill requests that items D, E, and I be removed from the Consent Agenda. Merrill moves to approve the consent agenda as amended. Seconded by Bastian. ALL AYE...MOTION CARRIES. 4D DR-70-00 - Phase I Common Area Landscaping within Eagle River Subdivision - Eagle River LLC: 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. Eagle River LLC, represented by Phil Hull with the Land Group, is requesting design review approval for subdivision signage and for a portion of common area landscaping within Eagle River Subdivision. This Phase I landscaping plan is limited to the landscaping along the interior streets and within the common areas along and adjacent to Eagle Road and State Highway 44. The site is located on the southeast corner of Eagle Road and Highway 44. (This item was continued from the February 27, 2001 City Council Meeting). (WEV) Merrill states that there are outstanding issues regarding the Eagle River Project and would like this item continued to the April 10, 2001 meeting. Sedlacek states that she has great concern with this development and the building in the floodplain especially the adherence to the no net loss section of Eagle City Code. Buxton states that she has been in touch with Ed Miller, legal counsel for Eagle River, and they would like a meeting to discuss the Eagle River Project. Council agrees a meeting is a good idea, and suggests a meeting date after Spring Break, as most will be gone during that time. Merrill moves to continue item 4D to the April 10, 2001 Council meeting. Seconded by Sedlacek. ALL AYE...MOTION CARRIES. 4E DR-67-00 - Mini-Storage Facility - Willowbrook Development~ Inc.: 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. Willowbrook Development, Inc., represented by Cornel 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 V2 mile north of State Street at 8353 North Horseshoe Bend Road. (WEV) Merrill comments on a discussion with City Staff regarding this application. No cross access was required by the Eagle Fire Department and thus it shall not be a condition of approval. Strike #7 Merrill moves to approve DR-67-00 Mini-Storage Facility striking item g"/from the recommended site-specific conditions from Design Review Board. Seconded by Guerber. Discussion. ALL AYE...MOTION CARRIES. Dick Phillips 210 Murray St. Boise, Idaho. Mr. Phillips addresses the condition regarding the decorative wall. Discussion. Bastian moves to approve DR-67-00 Mini-Storage Facility Willowbrook Development, Inc. adding a site specific condition stating that the applicant shall come back with an application to amend the conditional use permit consistent with the design for the wall as presented tonight. Seconded by Merrill. ALL AYE...MOTION CARRIES. The conditional use amendment will be heard at the next City Council meeting. 4I. DR-l-01 - Camille Beckman Office and Production Facility Phase I - Camille Beckman: 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. Camille Beckman/Foad and Susan Roghani, represented by Billy Ray Strite with BRS Architects, are requesting design review approval to construct a 104,340-square foot office and production facility and perimeter landscaping. This is the first of three phases which include manufacturing, production, packaging, and office facilities, English cottage style shops, showrooms, bed and breakfast accommodations, gardens, amphitheater and other similar uses. The site is located on the southeast corner of Highway 44 and Park Lane. (WEV) Merrill expresses concern with a gravel road. Discussion. Bastian moves to continue this item to the April 3, 2001 Council meeting. Seconded by Merrill. ALL AYE...MOTION CARRIES. Merrill moves add executive session to discuss Personnel Issues which shall now be item 9. Also adding item 8B under New Business, a letter agreement with Jensen Belts. Seconded by Bastian. ALLAYE...MOTION CARRIES. 5. FINAL PLATS: A. FP-7-01 - Final Plat for Red Leaf Heights Development (Final Plat name to be Tuesday Subdivision No. It - Hillview Development Corp.: Hillview Development Corp., represented by Mark Butler with Land Consultants, Inc., is requesting final plat approval for Red Leaf Heights Subdivision (to be final platted as Tuesday Subdivision No. 1), a 16.55-acre, 46-Iot (38- buildable) residential subdivision located at the southeast comer of North Eagle Road and East Floating Feather Road. (WEV) Mayor introduces the item. Mr. Butler makes himself available for questions. Vaughan briefly reviews the item. Butler comments on the placement with the sidewalk within the ACHD right-of-way. Discussion regarding future road improvements and the effect on this sidewalk. The applicant agrees with staffs conditions. Bastian moves to approve FP-7-01 Final Plat for Red Leaf Heights Development with the 3 staff recommended conditions, as well as the site specific and standard conditions of approval. Seconded by Guerber. ALL AYE...MOTION CARRIES. B. FP-8-01 - Final Plat for Red Leaf Manor Development (Final Plat name to be Monday Subdivision) - Hillview Development Corp.: Hillview Development Corp., represented by Mark Butler with Land Consultants, Inc., is requesting final plat approval for Red Leaf Manor Subdivision (to be final platted as Monday Subdivision), a 4.29-acre, 14-lot (12-buildable) residential subdivision located south of East Floating Feather Road approximately 220-feet west of Eagle Hills Way. (WEV) Mayor introduces the item. Mr. Butler makes himself available Guerber moves to approve FP-8-01 Final Plat for Red Leaf Manor Development (Final Plat name to be Monday Subdivision) with appropriate conditions and recommendations attached. Seconded by Merrill. ALL AYE...MOTION CARRIES. 6. UNFINISHED BUSINESS: A. AA-l-01 - Appeal of written Notice of Non-complying Signs - Busters Bar & GrilL George Wade and Louis P~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 March 13, 2001 City Council Meeting) Mayor introduces this item. Buxton states that she has met legal Council for Busters, Jim Reed and has provided him with requested documents tonight. Thus, the City Attorney is requesting that this item be heard after public hearings so that Mr. Reed can review said documents. Sedlacek moves to hear item 7A before 6A. Seconded by Bastian. ALL AYE...MOTION CARRIES. 7. PUBLIC HEARINGS: A. RZ-14-00 - Rezone from R-4 to MU-DA IFI Partners II: IFI Partners II, represented by John Evans, is requesting a rezone from R-4 (Residential) to MU-DA (Mixed Use with a Development Agreement). The 2.816-acre site is located on the south side of Hill Road approximately 575-feet west of Highway 55. (WEV) Mayor introduces the item and opens the public hearing. Mayor swears in Mr. Evans. John Evans, 5699 N. Riffle Way Garden City, Idaho. Mr. Evans reviews the application and provides comment on a claim from Susie and Chad Lowe of property ownership. Buxton states that this is the not the venue to address this claim to ownership. Mr. Evans states that he has offered to extend the sewer to the Lowe property. Discussion. Vaughan reviews the staff report. No one from the audience chooses to speak. Evans comments on access to this site and allowed uses for this site. Discussion. Mayor closes the public hearing. Discussion amongst the Council. Bastian moves to approve RZ-14-00 Rezone from R-4 to MU-DA with the Planning and Zoning Commission recommendations. Item 2.3 of page 12 of 15 to read in the second line "consisting of a maximum of six dwelling units". Seconded by Merrill. Discussion. Bastian amends his motion item 2.11 shall reflect that for the residential portion of the development shall be limited to a maximum density of 4 dwelling units per acre, or a total of 6 dwelling units for the whole site. States that in the Picadilly development agreement there is a beauty shop/barber in the permitted use and also a limited retail up to 2,000 sq. ft. these would be permitted uses. Second agrees with the amendment. Mark Butler 222 E. State Street conunents on the Picadilly development. ALL AYE...MOTION CARRIES. 6. UNFINISHED BUSINESS: A. AA-l-01 - Appeal of written Notice of Non-complying Signs - Busters Bar & GrilL 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, 200 i, after the face of their non- complying pole sign was changed from "Eagle Grille" to "Busters ". (This item was continued from the March 13, 2001 City Council Meeting) Mayor introduces the item. Vaughan provides an overview of the history of this issue. Buxton addresses this issue in further detail. Buxton states that this sign would fall under a non-complying sign. Discusses Eagle City Code and its interpretation. James Reed, 1574 E. Rainer Boise, Idaho representing Buster's. Mr. Reed has concerns with the interpretation of Eagle City Code in regards to the term face of a sign. Mr. Reed submits a photo into the record identified as exhibit A. Mr. Reed is concerned that his client is being threatened by jail. Feels that no criminal citation should be issued. Comments on the letter submitted by Mr. Pejovich and states that he (Mr. Pejovich) was ill informed regarding the compliance of his sign or lack thereof. States that no change in the structure and no change in the face of the sign has been made. George Wade, 344 Oak Way Boise, Idaho. Mr. Wade states that the plexiglass has not been changed from the time of the purchase in February of 1998, and it is the same surface that has always been there, only the lettering has been changed. Merrill questions how the crack in the sign was fixed. Mr. Wade states that the crack was not in the face, but in the readerboard section of the sign. Mr. Reed states that the readerboard would be considered part of the face of the sign. Mayor states that numerous attempts have been made with the appellant to bring their sign into Eagle City Code compliance and the lack of cooperation is quite frustrating. Guerber expresses his concern with the history of this item and continued lack of code compliance. Bastian expresses a desire to provide an avenue for the appellant to avoid criminal charges, and questions if requiring Design Review approval and installation of a sign to a date specific would be an acceptable option to the Buster's representative. Merrill states that due to the numerous attempts to work with the appellant and the history of this item, she would feel comfortable with the Council's interpretation of Eagle City Code. Sedlacek states that as liaison to the Chamber of Commerce, she feels that the Council owes it to the other business to stand firm in regards to code interpretation. Bastian requests that the appellant address his question regarding whether or not they are willing to submit a design review application. James Reed states that due to the comments made tonight made by the Council there is nothing to talk about. Discussion between City Attorney and Council. Merrill moves to deny AA-l-01 Appeal of written Notice of Non-complying Signs Busters Bar & Grill. Seconded by Sedlacek. ALL AYE...MOTION CARRIES. 8. NEW BUSINESS: A. Resolution 00-16: A Resolution Of The Eagle City Council To Vacate The Pedestrian Easement Along The Boundary Line Of Lots 2 And 3, Block 1 Of Channel Center Subdivision As Shown On The Attachments Hereto; And Providing An Effective Date. (WEV) Mayor introduces the item. Sedlacek moves to approve Resolution 00-16 A Resolution Of The Eagle City Council To Vacate The Pedestrian Easement Along The Boundary Line Of Lots 2 And 3, Block 1 Of Channel Center Subdivision As Shown On The Attachments Hereto; And Providing An Effective Date. Seconded by Merrill. ALL AYE...MOTION CARRIES. B. Letter Agreement with Jensen Belts: Mayor introduces the item. Buxton relays her conversation with Mr. Belts and explains the need for this letter agreement. Merrill moves to authorize the Mayor to sign the second letter agreement for Jensen Belts. Seconded by Guerber. SEDLACEK, AYE; BAST1AN, AYE; MERRILL, AYE; GUERBER, AYE. ALL AYE...MOTION CARRIES. Mayor calls a 5 minute recess. 9. EXECUTIVE SESSION: A. Personnel Issues: I.C. § 67-2345 (a) / (b) Sedlacek moves to go into Executive Session to discuss personnel issues. Seconded by Merrill. SEDLACEK, AYE; BASTIAN, AYE; MERRILL, AYE; GUERBER, AYE. MOTION CARRIES. Mayor would like to do an RFP for an architect and project manager for the City Hall project. Buxton states that their office has the forms for this. Discussion regarding the options for City Hall expansion. Council calls a workshop for April 5th from 5:00 p.m. to 7:00 p.m. to review the City Facilities Assessment Committee recommendations. Bastian expresses the Library Boards concern regarding the tracking of bond funding. Bastian states that he and the City Clerk addressed their concerns. Merrill states that the annexation legislation is moving through the Legislature. Merrill asks that the City Attorney look into possibly providing stipend for the Design Review Board and Planning and Zoning Commission. i0. AD,IOURNMENT: Sedlacek moves to adjourn at 10:45 p.m. Seconded by Merrill. ALL AYE: MOTION CARRIES... Hearing no further business, the Counci,[ meeting adjourned at 10:45 pm. Respectfully submitted: CITY CLERK/TREASURER APPROVED: RICK~Z~GI~I~E, MAYOR EAGLE CITY COUNCIL PUBLIC HEARING SIGN-IN SHEET Subi_ ect:RZ-14-00 - Rezone from R-4 to MU-DA - IFI Partnersll March 20, 2001 7:30 P.M. NAME PLEASE PRINT LEGIBLY ADDRESS TELEPHONE PRO? CON? Page 1 of 1 3dIS SIHl SH72IV 3321H1 0 O 0 ROI 0 0 BUILDING #3I 6,160 S.F. 0 0 BUILDING *21 5,280 S.F. 220' 280' 0 BUILDING *1 26,700 SF. C-1-) 0 0 40'-10" 91' QUI ur I L, rn , HORSESHOE BEND HIGHWAY N 0°36 5'7' E_ 322 34' z MAR. -2W 01 (TUE) 11:55 MOORE SMITH BUXTON TEL:208 331 1202 ncL'CI V CU & t-ILED CITY OIF.E13.0BLE MAR 2 0 2001 FiIP• Route to �C_ MOORE SMITH BUXTON & TURCKE, CHARTERED ,-ci i"- MVO AT1O NETS AT LAW 225 koxn[ So. STREET, SUITE OD 9oisE.ID 83702 TutntONM (20S) 311-1010 FAX (228) 331-12D2 DAvm 14. BrETEn SUSAN E BuxTON • Josrre D. MAUrr JOHN J. MCFADDEN'$ MICHAEL C MOORE BRu E M. SMITH PAUL A_ TuaoOO March 20, 2001 Donald S. Belts Jr. Jensen -Belts Associates 495 W_ Main Boise, Idaho 83702 • A13o admitted In Orson Also admitted hi Wxthingbui O Alyo admitted In South Dakota Re: Second Letter Agreement for Reid W. Merrill Sr_ Community Park Dear Don: As per your discussion with me today, this is the second letter agreement for Merrill Park. The intent of this letter agreement is to put in place a preliminary contract to allow you to continue working on this project, seek insurance coverage acceptable to the City of Eagle for the architectural and engineering services on the project, and to allow you to submit bills arising from that work to the City of Eagle It is understood by both parties that this agreement will allow Jensen -Belts Associates to proceed with the preparation of a conceptual master plan as outlined in the October 12. 2000 letter from you to Angela Deckers. It is further understood that any sums billed to the City of Eagle, pursuant to this agreement, shall be applied against the $35,562.00 professional contract price of which your services are not to exceed, unless such work constitutes additional work as defined in the October 12, 2000, letter. In the event the work constitutes additional work, it shall be performed only with the written authorization of the City of Eagle, and only then at the rates and within the Iimits set forth in the October 12, 2000, letter. Both parties agree to siert the full contract for architectural and engineering services, including acceptable provisions for insurance on architectural and engineering services acceptable to the City of Eagle for this project by April 3, 2001, unless the date is extended by the Eagle City Council and Jensen -Belts Associates. This contract will include not only the preparation of a conceptual master plan, as contemplated herein, but shall also include construction drawing and specification services, pre -construction services, and construction management services, inclusive. MAR. -20' 01(TUE) 11:56 MOORE SMITH BUXTON Jensen -Belts Associates Second Letter Agreement March 20, 2001 Page 2 TEL:208 331 1202 P.003 I appreciate the opportunity to work with you and your associates on this project. Please call our offices with any questions or concerns you may have. SEB/bi Sincerely, MOORE SMITH BUXTON & TURCKE, Susan E. Buxton ACKNOWLEDGEMENT OF AGREEMENT We the undersigned, agree to begin the design phase of Reid W. Merrill Sr. Community Park under the teens and conditions as set forth above and to execute the above referenced full contract as soon as the same shall be in good faith negotiated. RICK YZAGUIRRE Mayor, City of Eagle Date: Ob3/40/01 ‘""'"Ac�"" Ada County Highway District Judy Peavey -Derr, President Dave Bivens, 1st Vice President Sherry R. Huber, 2nd Vice President Susan S. Eastlake, Commissioner David E. Wynkoop, Commissioner City of Eagle Att: Barb Cerda PO Box 1520 Eagle, ID _ 83616 318 East 37th Street Garden City ID 83714-6499 Phone (208) 387-6100 FAX (208) 387-6391 E-mail: tellus@ACHD.ada.id.us RECEIVED & FILED March 12, 2001 CITY OF EAGLE MAR 19 2001 FiHP• Route to: SUBJECT: FY 2000/2001 Residential Streets and Neighborhood Enhancement Program The ACHD Commission approved this year's Residential Streets Neighborhood Enhancement Program on February 21, 2001. The program, now inits sixth year, gives neighborhoods a voice in selecting how to allocate funds to improve. neighborhoods. This year ACHD staff reviewed 126 specific requests, including a reconsideration of last year's projects. All project applications have been review and categorized based on the following criteria.....' Category 1 Category 2 Category 3 Category 4 Category 5 Projects that can reasonably be designed and/or constructed this fiscal,year. Projects that can be designed but not built this fiscal year. Projects that can . be reconsidered in the future but cannot be included in the program at this time because =of right-of-way needs, utility and irrigation relocations and the need =for additional research. Projects that may be considered as part of another program or project, Projects that . do .not meet the criteria established for this program; ; ocr- projects that are prohibitive within the current budget. r The following list shows the specific project(s) that you requested and the priority assigned =by ACHD staff and approved by the commission. PAVE ALLEY AT STATE/IDAHO, 1ST/2ND - RANKED CATEGORY #5 Thank you for participating in the Neighborhood Enhancement Program. Call me at 387-6225 if you have questions regarding this project. ADA.COUNTY HIGHWAY DISTRI Darrin Carroll Design Agreement Administrator cc: • Steve. Spickelmier Dale Kuperus-r- Central & Project Files Terry Little Brian Harris Ingrid Bolen P:1FY200112001 NEPICorrespondencelStatus LetterslFY2001 Notifications.doc Page 1 of 91 et.31zosia/ Eagle City Facilities Assessment Committee Questionnaire . Please answer the following questions. If the question asks you to rate something, use a number between 1 and 5, with 5 being the best and 1 being the worst. 1. In your opinion, how important should it be for the people who work at city hall to have an expanded city hall. [5 would mean very important, 1 would mean not important at all.] 2. How important is it to you that Eagle invest in an expanded city hall. [5 would mean very important, 1 would mean not important at all.] 3. How important is it to you that the city stay as close to the downtown "Historic District" as possible. [5 would mean very important, 1 would mean not important at all.] 4. How important is it to the future of Eagle that the small buildings along State Street be preserved. [5 would mean very important, 1 would mean not important at all.] 5. How important is it to you that the city council seek the input of the Eagle community [the taxpayers] beyond the efforts now completed by a task force. 6. It is entirely possible that the annual cost of a new city hall facility may not require an increase in the property tax rate for our community, that it could be paid for out of the operating income which the city expects to maintain into the foreseeable future. Would your decision to support the construction of a new city hall be based entirely on its impact to the taxpayer? Yes No [please complete other side, too] 7. A general obligation bond is the least expensive method for the city to use to pay for a new city hall. But it requires a 2/3rds majority to pass at an election. Is the construction of an expanded city hall something that you would support if it were placed on an election ballot? In other words, would you support the passing of a general obligation bond? Yes No 8. Was the information you received at the open house well -presented? Yes No 9. Was the information you received at the open house understandable? Yes No CITY FACILITIES ASSESSMENT COMMITTEE FOCUS: RESULTS OF QUESTIONNAIRE &C)Ngfltol 20 -Mar -01 03:28 PM RANKING QUESTION # RANKING 1 2 3 4 5 YES NO TOTALS 1 2 3 2 15 22 9.09% 13.64% 9.09% 68.18% 100.00%1 2 1 6 4 10 21 4.76% 28.57% 19.05% 47.62% 100.00% 3 4 1 3 4 10 22 18.18% 4.55% 13.64% 18.18% 45.45% 100.00% 4 1 1 2 5 12 21 4.76% 4.76% 9.52% 23.81% 57.14% 100.00% 5 2 3 3 2 12 22 9.09% 13.64% 13.64% 9.09% 54.55% 100.00% 6 6 16 22 27.27% 72.73% 100.00% 7 18 1 19 94.74% 5.26% 100.00% 8 20 9 20 '0.5/20/01 TUE 11:23 FAX 208 388 1300 FAX COVER SHEET DATE: Tuesday, March 20, 2001 PAGES (INCLUDING COVER): 3 ORIGINAL TO FOLLOW: No RE: Eagle River Our File No.3906-101 Flood Control Issues and Alternate Crossing TO: Susan Buxton Company: Moore Smith Buxton & Turcke, Chtd. Phone: 208-331-1800 Fax: 208-331.1202 MESSAGE: Susan: GIVENS PURSLEY LLP /oloJ .&f* L. Edward Miller GIVENS PURSLEY LLP Suite 200, Park Place 277 North Sixth Street Post Office Box 2720 Boise, Idaho 83701-2720 Telephone: 208-388-1209 Fax: 208-388-1300 Email: lem©givenspursley.com X001 Attached please find a Memorandum which my partner Michael C. Creamer has prepared regarding the Flood Control Issues for Eagle River which you and I discussed at our meeting at Soho a couple of weeks ago. It is important that I talk to you today about this and the Alternate Crossing issue before your meeting with the City Council this evening. Thanks. -L. Edward Miller If this fax does not transmit fully or is difficult to read, please contact Rose at (208) 388-1251. CONFIDENTIALITY NOTICE This facsimile may contain confidential information that is protected by the attorney-disnt or work product privilege. Itis intended only for the use of the individual(s) named above. If you are not a named recipient or an employee responsible for delivering the facsimile, you are instructed not to deliver, distribute or copy this facsimile, nor should you disclose its contents or take any action in reliance on the information it contains. If you have received this facsimile in error, please notify us immediately by telephone to arrange for the return of the transmitted documents to us. Thank you. 03/20/01 TUE 11:24 FAX 208 388 1300 GIVENS PURSLEY LLP LAW OFFICES GIVENS PURSLEY LLP MEMORANDUM TO: Susan Buxton FROM: Michael C. Creamer RE: Eagle River - Flood Control Issues DATE: March 20, 2001 We have reviewed the City of Eagle's Flood Plain Ordinance as it may affect the rights and obligations of landowners receiving (or delivering) historical drainage and flood flows. We have reviewed the relevant provisions of the City's ordinance and Idaho drainage law. The City's flood plain ordinance appears to provide the City with sufficient authority, as written, to assure that when properties upstream of the Eagle River property are developed, historic drainage and flood flow discharge patterns can be maintained so as to take advantage of the flood way storage capacity of the Eagle River property. DISCUSSION . The City's Ordinance provides a mechanism by which landowners above the Eagle River property could be required to maintain historical drainage and flood flow discharges so as to take full advantage of the flood way storage. The Ordinance is applicable when landowners subdivide, develop or regrade their property within the flood plain. Until such changes in land use occur, the historical drainage will continue. Once an upper landowner comes under the Ordinance, the City has the authority to require maintenance of historical discharges. For example, the Ordinance requires the application for development permit to describe the extent to which any watercourse will be altered or relocated by the proposal. Section 10-1-7(B)(6). This implies that changes in the flow or discharge of water is a relevant consideration for the City. Section 9-4-1-10(A) requires any subdivision to have an "adequate" storm drainage system. Although "storm drainage" often is considered to mean drainage of on-site precipitation, presumably the City MEMORANDUM- Page 1 S:ICLIENTS1390811011FLOOD MEMO TO S BUXTON.WPD FJ002 '03/20/01 TUE 11:24 FAX 208 388 1300 GIVENS PURSLEY LLP is free to construe its Ordinance such that an "adequate" storm drainage system is one that can handle both the storm water generated on-site and additional storm water (including flood waters) that are directed onto the site from upper landowners. Section 9-4-14 0(G) also gives the City review and approval authority over "drainage ways or hydraulic structures" in major and minor waterways. A "watercourse" or "waterway" typically is considered to be a channel with a discernible bed and banks which carries more than mere surface drainage. See Loosli v. Heseman, 162 P.2d 393 (Idaho 1945). However, for purposes of regulating storm drainage and flood control within subdivisions, the City is entitled to give full effect the ordinance's purposes and should not be limited in its interpretation or application of the term "waterway." Section 10-1-8-5(D)(6) sets out standards for providing compensating excavation in the flood plain and the "orderly conveyance" of flood water. This section indicates the City's intent that in designing for orderly conveyance, provisions should be made to. prevent relocation of flow paths, and to prevent jeopardy to any offsite property. Under this section the City should be able to require anyone coming under the ordinance to maintain historical flood discharge paths onto adjacent downstream properties to protect the adjacent downstream properties and any other offsite properties. CONCLUSION It would be unreasonable to expect that Eagle River could obtain some form of agreement or easement that requires an upstream landowner to continue to discharge drainage and flood waters onto the Eagle River property. The City appears to have ample authority under a reasonable interpretation of its existing flood plain and subdivision ordinances to regulate activities of upstream landowners when they contemplates development activities that could change flood water discharge patterns. The existing language, when considered in the context of the City's purposes should allow the City to regulate in this area if and when an tipper landowner proposes changes to his property that could affect flood flows. MEMORANDUM- Page 2 S:ICUENTSLISOM101 OOD MEMO TO S BUXTON.WPD 0 003 From: Steve Deckers To: Mayor and City Council Date: 3/19/01 lime: 10:35:08 PM 2249 Dickey Circle Eagle, ID 83616 (208) 939-4706 To: Mayor Yzaguirre, City of Eagle, Idaho Council Members, City of Eagle, Idaho RE: March 20, 2001 City Council Agenda Item 7.A. RZ-14-00- Rezone from R-4 and M -1A to MU -DA — IFI Partners II e6,3/x115;"1 Stephen Deckers March 19, 2001 RECEIVED & FILED CITY OF EAGLE MAR 2 0 2001 File: Route to: a 11/5.,:/ I voted to recommend denial of this application because it is significantly different than the concept proposal presented with the application for the Comprehensive Plan change. The original concept plan showed a couple office style buildings at the corner of Hill Road and Highway 55, transitioning to residential housing to the south and to the west along Hill Road. The justification for the Comprehensive Plan change was substantially dependant on this concept plan — the properties to the south and to the west would benefit from a transition from the busy intersection. Recall that you voted for approval of the Comprehensive Plan change because you felt that a low key transitional development similar to the concept plan could be enacted that would not conflict with the downtown nor the surrounding residential zoning, and the transitional nature of the plan would not constitute strip commercial development along Hill Road. The key to the original concept plan was, 1) the commercial portion of this Mixed Use development would be confined to the corner adjacent to Hill and 55, and 2) no further transition from this development would be needed The current P&Z Commission did not have the benefit of having intimate knowledge of the history of the Comp Plan change when rendering their opinion on this zoning application. You have that knowledge. Please refer back to the original concept plan and make a finding of non- compliance with that concept plan. Thank you, Steve Deckers 9- v531 ' 1 lallailk .r A Pioneer Company PIONEER TlT_c PIONEER TITLE COMPANY 96066741 �N�..... OF ADA COUNTY •q girl, 8 ` is .i U • 8151 W. Rifleman Ave / Boise, Idaho 83704 / (2u1s) 377-2700, D WARRANTY DEED (INDIVIDUAL) FEE r E;T or FOR VALUE RECEIVED BRUCE A PATTERSON AND KIMBERLY S. PATTERSON, HUSBAND AND WIFE AND STACIA L. PATTERSON, AN UNMARRIED PERSON Grantor s , do hereby grant, bargain. sell and convey unto I F I PARTNERS /I , AN IDAHO PARTNERSHIP the Grantee , whose current address is: P . 0 . BOX 6600 , COEUR D' ALENE, ID 83816 the following described real property in ADA County, State of Idaho, more particulary described as follows, to -wit: SEE EXHIBIT "A" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee , and Grantee heirs and assigns forever. And the said Grantor sdo hereby covenant to and with the said Grantee , the Grantor s are the owner s in fee simple of said premises; that said premises are free from all a¢cumbraaces. EXCEPT those to which this .�..., .,....�. is expressly made subject and those made, suffered or done by the Grantee ; and subject to reservations, restrictions, dedications, easements, rights of way and amts, (if any) of record, and general taxes and assessments, (includes irrigation and utility assessments, (if any) for the current year, which are not yet due and payable, and that Grantor s will warrant and defend the same from all lawful claims whatsoever. �♦'T IA L. PATT �' 0 STATE OF TDANl1 On this N qjh. Anus t --.•' s SFL • sonally knowni3. -' •• admotl c.1.4 S County of_ADA , ss. r�� , in the year of 1996 , before rte DAVID E_ SELLS , a notary public, per- be‘ he person $Whose name i A re executed the same. ithin instrument. and otary Public: Rest at: at: MFRTDTAN _ lairs My Commission Expires: 10 - 28 - 09 Land Description Great Sky Estates Subdivision Patterson Parcel July 31, 1996 A parcel of land situated in the southwest quarter of the southeast quarter of Section 10, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Beginning at the northwest comer of land described in Instrument Number 94005232, records of Ada County, Idaho, which is the Real Point of Beginning: Thence N28°27'45"VII, 52.05 feet; Thence N44°53'31 "E, 153.71 feet; Thence N24°30'25"E, 132.98 feet to the centerline of Hill Road; Thence 41.75 feet along a non -tangent curve deflecting to the left with a radius of 485.01 feet, a central angle of 04°55'55", a long chord of 41.74 feet and a long chord bearing of S79°23'22"E to a point of tangent Thence S81°51'19"E, 101.56 feet along the centerline of Hill Road; Thence S08°07'46"W, 281.12 feet to the northerly boundary of land described in said Instrument Number 94005232; Thence N84°08'13"W, 241.91 feet along the northerly boundary of land described in said Instrument Number 94005232 to the Real Point of Beginning. EXCEPT ANY PORTION THEREOF LYING WITH THE RIGHT OF WAY OF HILL ROAD. Comprising 1.330 acres, more or less. 11/21/2000 10:39 FAX 1 . NOVEMBER 20TH 2000 ATTN: Planning & Zoning Commission REFERENCE: ITEM E. REZONE FROM R4 TO MU- DA IFI PARTNERS II To Whom It May Concern: II 002 RECEIVED & FILED CITY OF EAGLE NOV 2 0 2000 We feel that we should call to your attention the fact that we have a dooumented easement to one acre of ground located East of 2511 E. Hill Road and South of Hill Road. That need to be addressed as it conflicts with the porposed development of Mr. John Evans. No one has apporached us to work out any details for this piece of land. Your Attention TO This Matter Is Appreciated Sincerely, Susie & Cal Low 1 414rE...4--) c565;1s - Gm_ .1--0 d 'c. 04444r� 6D/�v RECEIVED & FfLED CITY OF EAGLE N O V 20 2000 Roo te: Tc.it/JAALizo Ziehirx.)4 1.1#00410-1 E. R7 .440 — Rsess ae lion eta ' — : IFI Partners I, represented by John Evans Is requesting a rezone from R4 (Residential) to M (Mixed Use with Development ). The 2.82 -acre site is located o south side of Hill Road approximately 700 feet west of State Highway 55. Atetitie t =Ca-t,�-iv/ 0 TA-„fr J - 9gf Ote/62- r � a—L l 4-f/cu-cb . I caGL' id,eLLC 7c6utwo NJbKN g(MIJS /�f� � c2)0 so) -(76.- a4 46,fc/i figLb. tieciaLwi,07.- a4s Deviz 5-6 SIPS A tale- �i4S i v el d2o L-g_,eiGw?/vlcJ 1 `7`Gl1 a*s /4,uJa 7";74. ith-s , /./6dit,eizs, ----1/4.?"--013LAete/ EOF/ci Arthbic6 (-8g,piJ you) Aet -75 gpotti--7M9r i/g_ a ) '405 . 4A )99s7, -e,49 614‘z �W 261GehEt 71r,�e:-6._ f7!? -5 age,u Zvios-7--eot 140e0x4 -"TEM .5-Zt.)771 A- pe.ope-, 677;e61 -y Aut. 1J0 ripait-6 FCee(f -1716 /--.//14e-7"-k•Ie- Picpe.,es7--- 7 A.E. it)e_440t)Et. /71W 171E- 1;74- Zif-A )44 frift905-s- 4,e4. Pieiolzos C60,eitw6 -47 ?gope=66-2s ZIVO4nb/M'Afr)--Ae Aub )6-61L. 91,9184S b0/6C a&Z.. 7tJ f7 /O. ,LAJ ‘39,e�r,063 477 ti;VCAL6 PcdPetsoves Revait,e4.) 60o.e IFI PARTNERS II 5699 N. Riffle Way Garden City, Idaho 83703 November 27, 2000 Cal and Susie Low 2511 E. Hill Road Eagle, Idaho 83616 Dear Cal and Susie, Thank you for meeting with me this morning. At the meeting you raised several issues regarding the development of the parcel east of your home site as well as an issue along our common boundary to your south. What follows is my understanding of our discussion. Item 1 - the septic drain field on the northwest portion of the IFI parcel. I offered to extend a sewer line to your property when I develop the IFI parcel. I indicated to you that I would be willing to make the sewer extension a condition of approval for the preliminary plat. You indicated to me that you had already been annexed into the Eagle Sewer District. One item that we did not discuss was the connection fees that Eagle Sewer District would require when you hook up. It is my position that any fees for hook up would be your responsibility. Your property will certainly gain value by having the sewer available. Item 2 - fence damage at the stub road on your south boundary. I indicated that I would repair the fence. Item 3 - why is there no wooden fence along the south boundary of your property? I elected not to construct a fence because there was no objectionable view from the Great Sky Subdivision. Item 4 - concern about the fence on the east side of the canal adjacent to future housing. Once the boundary survey pins are set we can decide where to build the wooden screening fence. I am assuming that the wire fence that is there now is on your ground. Item 5 - what about a fence along the east side adjacent to the parking lot. I have not developed specific plans but am sure that a fence will be installed along the common boundary east of your home. This item can be addressed further at the preliminary plat stage. 4 Item 6 - does IFI plan to take the road on the east side of your home as part of the development? I do not believe that portion of ground belongs to IFI. The survey should bear this out. According to what you told me the pins that have been set would indicate that the road is on your property. I hope this clears up some of the confusion that you may have had. Please call if other issues arise. December 12, 2000 Mr. John G Evans IFI Partners II 2699 N. Riffle Way Garden City, Idaho 83703 Dear Mt Evans, Thank you for your letter of November 27th, 2000 addressing the six items at issue regarding our common boundary. We found your response to items two thru six to be agreeable. In item one, you stated that the sewer district's hookup fee would be our responsibility, we find that unacceptable. We refuse to pay any cost to benefit your development We believe the above to be in order, however, if any questions and/or comments should arise, please do not hesitate to call at 939-0137. Sincerely, [-) ‘2,...„ Cal and Susie Low CAI. AND SUSIE LOW 2511 E. HILLROAD EAGLE. IDAHO 83616