Minutes - 2001 - City Council - 04/24/2001 - RegularORIGINAL
EAGLE CITY COUNCIL
Minutes
April 24, 2001
PRE-COUNCIL AGENDA 6:30 p.m.- 7:30 p.m.
1. Blake Watson will discuss the creation of a Kiwanis Club in Eagle. Blake Watson addresses
the Council in reference to establishing a new Kiwanis Club in Eagle. We are just starting to
contact individuals in Eagle to see if there is an interest to form a club. We will follow up with a
door-to-door campaign. We are trying for 25 members. Our goal is to have our first meeting the
7th of June. Kiwanis main emphasis is sponsoring youth programs. Discusses some of the
Kiwanis projects. General discussion.
2. Eagle Sewer District Master Plan: Lynn Moser will review the master plan. Distributes
handouts to the Council. Sewer District is in its final stages of the master plan. Provides
Council with an overview of the master plan. Discussion on density and how it affects the
sewers. I think we can accommodate one acre density. It's not ideal but we can handle it.
General discussion.
3. Mayor and Council's Report:
Sedlacek: Moving forward on the signs.
Lease with Senior Citizens. Senior's have been approached to lease out the kitchen for a
commercial venture with a company that wants to manufacture salsa. $225 a day, one day a
week, for fifteen weeks.
Guerber: Is this in conflict with Central District Health who installed the kitchen to begin with.
Geneva Trent: We are working with Central District Health to make this lease agreement work.
Drainage District #2. We did not have an official meeting. Board members from the Drainage
District looked at the work the City had done at the drain ditch and they agree that the City is
doing a good job.
Mercy Housing Community Development Block Grant: Mercy Housing presented their
application this morning. There were 24 applications. Mercy Housing is feeling optimistic about
their application. Mercy Housing has purchased ground through their holding company. They
should have an answer sometime this week.
Bastian: Library Board meeting has been on the same nights as the City Council the last two
times. Discusses the Library budget for next fiscal year. The library staff is continuing to look
at filtering options. Friends of the Library are collecting and preparing for their book sale at
Eagle Fun Days.
Guerber: The Air Quality Board is doing some preliminary work on how to fund the upgrade of
equipment for air quality checking. There are going to be some open houses scheduled. Canyon
County is interested in the program.
The new Fire Station will be breaking ground in the next 40-45 days. This will increase the
ability to have training.
Mayor: Discusses the information the City received from Idaho QBS Facilitator Council.
General discussion. Eagle Sewer District has used this system.
Veto Brewer, Holladay Engineering: Most of this process is defining the scope of work and
setting the grading criteria. We have done this many times and will be glad to assist in anyway
you need.
4. City Engineer Report: Update on the well at Brookwood. We have just received the approval
of the site and we can proceed with the design.
5. City Clerk/Treasurer Report: Distributed February and March financial reports. Jak brake
signs will go on all of the population signs. The population signs will be updated with the new
population figures.
6. Zoning Administrator's Report: Staff has a meeting this Thursday with Ada County staff to
review the impact area as discussed at the last joint meeting. Our City Engineer was successful
in designing the sidewalk along Eagle Road. We are meeting tomorrow at 3:00 p.m. to discuss
the signal on Eagle Road.
7. City Attorney Report: Introduces Tammy Zokan a new member of the firm. She has been
working on the Findings of Fact and Conclusion of Law for Eagle River.
REGULAR COUNCIL AGENDA: 7:30 p.m.
1. CALL TO ORDER:
2. ROLL CALL: MERRILL, BASTIAN, SEDLACEK, GUERBER. Merrill 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
Council Member, member of City Staff, or a citizen requests an item to be removed
from the Consent Agenda for discussion. Items removed from the Consent Agenda
will be placed on the Regular Agenda in a sequence 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 April 3, 2001.
C. Minutes of April 9, 2001.
D. Minutes of April 10, 2001.
E. Minutes of April 12, 2001.
F. Eagle Village/City of Eagle Special Declaration: Authorization of Mayor to
sign declaration:
G. Findings and Conclusions for FPUD-1-01 & FP-1-01- Final Development
Plan and Final Plat for Two Rivers No. 2 Subdivision- T. R. Company
LLC: T. R. Company LLC, represented by Dan Torfin, is requesting final
development plan and final plat approval for Two Rivers No. 2 Subdivision, a
5 l-lot (39-buildable) residential subdivision. This 31.20-acre phase of Quarter
Circle Ranch PUD is located on the west side of Eagle Road approximately
1600-feet south of State Highway 44. (WEV)
Findin~ and Conclusions for FPUD-2-01 & FP-2-01- Final Development
Plan and Final Plat for Two Rivers No. 3 Subdivision- T R. Company
LLC.: T. R. Company LLC, represented by Dan Torfin, is requesting final
development plan and final plat approval for Two Rivers No. 3 Subdivision, a
19-lot (15-buildable) residential subdivision. This 22.14-acre phase of Quarter
Circle Ranch PUD is located on the west side of Eagle Road approximately
1600-feet south of State Highway 44. (WEV)
I. Findings and Conclusions for PP-14-00 - Eagle River Subdivision - Eagle
River LLC: Eagle River LLC, represented by Bill Clark with Clark
Development, is requesting preliminary plat approval for Eagle River
Subdivision. The 90-acre, 7-lot (5-commercial, 1-residential, l-city park)
subdivision is located on the southeast corner of State Highway 44 and Eagle
Road. (WEV)
J. Findings and Conclusions for CU-24-00 - Eagle Early Learning Child Care
Center - Chuck and Barbara Thomas: Eagle Early Learning Center,
represented by Chuck Thomas, is requesting conditional use approval to provide
an early childhood education center to be located in the Eagle Country Plaza
Shopping Center (a.k.a. Eagle Market Place) on the northeast comer of Eagle
Road and Chinden Blvd. at 3210 E. Chinden Blvd. (WEV)
K. Findings and Conclusions for V-I-00 - Variance to allow a second single
family dwelling unit on one parcel - Clay Hagewood: Clay Hagewood, is
requesting City approval of a variance to allow for a second dwelling to be
placed on site as a primary residence and the existing historic building to remain
in place as an accessory structure. The site is located on the west side of Eagle
Road approximately V2 mile N. of Floating Feather Road at 1865 N. Eagle Road. (WEV)
L. DR-65-00- Bank Facility with Drive-up Service for ATM Machine Only -
Key Bank: 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.
Key Bank, represented by Roger Foster with BRS Architects, is requesting
design review approval to construct a 5,300-square foot bank facility with a
drive-up service (for ATM machine only). The site is located on the north side
of Chinden Boulevard approximately 300-feet east of Eagle Road within the
Eagle Country Plaza Shopping Center at 3314 East Chinden Boulevard. (WEV)
M. DR-6-01 - Common Area Landscaping for Eagle Towne and Country
including the WinCo Building - Eagle Development Associates: 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 Development
Associates, represented by Jeff Huber, is requesting design review approval of
the common area landscaping within Eagle Towne and Country Centre and
approval of a 99,000-square foot building which includes WinCo Foods. The
site is located on the north side of State Street between Highway 55 and
Horseshoe Bend Road at 3182 East State Street. (WEV)
N. DR-13-01 - Building Wall Sign for Wells Fargo Bank - Wells Fargo Bank:
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. Wells Fargo
Bank, represented by Craig Cosper with Young Electric Sign Company, is
requesting design review approval to remove the existing First Security Bank
signs and to construct a building wall sign for Wells Fargo Bank. The site is
located on the north side of Plaza Drive within Eagle Plaza Shopping Center
approximately 200-feet east of Eagle Road at 108 East Plaza Drive. (WEV)
O. DR-14-01 - Two Building Wall Signs for Eagle Sewer District - Eagle Sewer
District: 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 Sewer District, represented by Debbie Anderson with Idaho Electric Signs,
is requesting design review approval to construct two building wall signs for
Eagle Sewer District. The site is located on the northeast comer of Palmetto
Avenue and State Street at 44 North Palmetto Avenue. (WEV)
P. DR-16-01 - Interior Parking Lot~ Landscaping and Lighting within Trolley Square
Shopping Center - Coulter Properties 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. Coulter Properties LLC, represented by Tom Bauwens with
Dakota Company, Inc., is requesting design review approval of the interior parking lot
landscaping and lighting within Trolley Square Shopping Center. The site is Located
north of State Street and approximately 200-feet west of Academy Way within Trolley
Square Shopping Center. (WEV)
Q. DR-18-01 - Common Area Landscaping within Brookwood Subdivision
Phase 4 including a pool~ restroom facilities~ and tot lot - Aries
Development 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. Aries Development LLC, represented by Phil Hull with The Land
Group, is requesting design review approval of the common area landscaping
within Brookwood Subdivision Phase 4 including a pool, restroom facilities, and
tot lot. The site is located approximately 1,905-feet east of Eagle Road within
Brookwood Subdivision. (WEV)
R. DR-19-01 - Professional Medical Office Building within Rocky Mountain
Business Park - Brock and Diane McConnehe¥: 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. Brock and Diane McConnehey, represented
by Heartland Construction, is requesting design review approval to construct a
12,400-square foot professional medical office building. The site is located on
the southwest comer of Plaza Drive and Iron Eagle Drive within Rocky
Mountain Business Park at 951 East Plaza Drive. (WEV)
S. DR-20-01 - Business and Professional Office Building Within Rocky
Mountain Business Park - Tom and Karen Sellin: 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. Tom and Karen Sellin, represented by
Heartland Construction, are requesting design review approval to construct a
12,178-square foot business and professional office building. The site is located
on the north side of Iron Eagle Drive approximately 250-feet east of Plaza Drive
within Rocky Mountain Business Park at 1036 East Iron Eagle Drive. (WEV)
T. DR-22-01 - Research and Development Office Building within Rocky
Mountain Business Park- Steed Construction: 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. Steed Construction, represented by Wes
Steele with Habitec Architects, is requesting design review approval to construct
a 21,744-square foot research and development office building. The site is
located on the north site of Iron Eagle Drive approximately 550-feet west of
Edgewood Lane within the Rocky Mountain Business Park at 1396 East Iron
Eagle Drive. (WEV)
Sedlacek removes Items #4I and 40 from the Consent Agenda.
Bastian moves to approve the Consent Agenda as amended. Seconded by Guerber. ALL
AYE: MOTION CARRIES .......................
41. Findings and Conclusions for PP-14-00 - Eagle River Subdivision - Eagle River LLC:
Eagle River LLC, represented by Bill Clark with Clark Development, is requesting preliminary
plat approval for Eagle River Subdivision. The 90-acre, 7-lot (5-commercial, 1-residential, 1-city
park) subdivision is located on the southeast corner of State Highway 44 and Eagle Road. (WEV)
Sedlacek: We have correspondence back and forth and we have some that has come in today and
I think we need time to further review this item to make sure we have all of the site specific
conditions of approval. I think the engineer and city attorney need to address these issues.
Buxton: This is a big project with a lot of issues. One of the issues that has arisen is in regard to
some of the issues under Chapter 10 of your flood ordinance. Bill, Vern, Nancy Merrill and I all
looked at these conditions of approval and we tried to follow Stan's motion trying to make sure
we had everything in there that you discussed with the Motion. My letter of April 20th talked
about a few of the site specific conditions of approval. Item 2, d is the main one that took some
work. One of the issues we dealt with on this one is dealing with the flood water volume
capacity design. When the grading permit came in for the parcel, part of the grading you have to
keep a no net loss under Title 10. They received the grading permit but our engineers did not
have final plans with regard to how the no net loss would work at build out. Vern, Tammy and I
met with Ed Miller yesterday afternoon and went over the issues. We agreed that 2, i as set forth
in the April 24~ correspondence will met our needs for the City. I will read this into the record:
That 2, i in site specific conditions we suggest shall be: "All development and improvement of
the Eagle River development shall comply with applicable local, state and federal regulations,
and Title 10, Flood Control Eagle City Code which pertain to regulated wetlands, floodplain, and
flooding areas. The developer shall provide suitable plans to the City insuring that flood waters
will pass in a manner allowing the flood water volume capacity to function as designed and as
required by the above-listed statutes, regulations and ordinances.". The engineers for Eagle
River have already contacted Holladay Engineering to deal with these plans that they have seen.
The Developer has to verify and provide plans that are suitable to our City Engineer that indicate
that the flood volume capacity of no net loss are met. It falls on the shoulders of their engineers
stamping their plans that it is going to work. This is at review of the final plat stage.
Vern Brewer, Holladay Engineering: Discusses the no net loss. There is a portion that we have
not reviewed. The portion that we have reviewed we are comfortable with. General discussion.
Further discussion on the proposed changes and the letter dated April 24, 2001 from the City
Attorney's Office.
Bastian moves to approve the Findings and Conclusions for PP-14-00 with Site Specific
Conditions of Approval being modified with 2,d the paragraph being with "all" and ending
with "ordinances" being replaced with the paragraph in the letter dated April 24, 2001.
Items revised in the letter dated April 20, 2001, 2e, 2g, 17, 18, 19 and 22 be as proposed in
that letter and all of the Site Specific Conditions and any other language contained within
4i, except the conclusions of law 3h. be amended to strike the parenthetical comments
within that paragraph. Seconded by Guerber. ALL AYE: MOTION CARRIES ..................
40. DR-14-01 - Two Building Wall Signs for Eagle Sewer District - Eagle Sewer District:
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 Sewer District, represented by Debbie Anderson with
Idaho Electric Signs, is requesting design review approval to construct two building wall signs
for Eagle Sewer District. The site is located on the northeast comer of Palmetto Avenue and
State Street at 44 North Palmetto Avenue. (WEV)
Mayor introduces the issue.
Sedlacek: I need to declare a conflict of interest, Eagle Sewer District is my employer.
Guerber moves to approve DR-14-01 Two Building Wall Signs for Eagle Sewer District.
Seconded by Bastiau. Discussion. TWO AYES: ONE ABSTAIN: MOTION
CARRIES ................
Mayor we need to amend the Agenda.
Guerber moves to amend the agenda by adding as 8F. Appointment to the Design Review
Board and g9. Executive Session for land acquisition and threatened litigation and gl0.
Adjournment. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ..............
5. FINAL PLATS:
A. 99-05-S Final Plat for Applecreek Subdivision - Dale and Lois Wolin: Dale and Lois
Wolin, represented by Bob Unger with Hubble Engineering, Inc., is requesting final plat approval
for Applecreek Subdivision, an 1 l-lot, 59.62-acre residential subdivision with a private road.
The proposed subdivision is located on the south side of Homer Road, approximately 1A-mile east
of Ballantyne Road. This subdivision is located in the Eagle Area of Impact. (WEV)
Mayor introduces the issue.
Applicant has no presentation.
Vaughan: Displays an overhead of the plat and discusses the same. Staff recommends approval.
General discussion.
Bastian moves to approve 99-05-S Final Plat for Applecreek Subdivision adopting the
recommendations of staff and adding Site Specific Condition of Approval #4: private road
to be constructed to the City of Eagle standards. Seconded by Sedlacek. ALL AYE:
MOTION CARRIES .....................
6. UNFINISHED BUSINESS:
A. Discussion of City Hall options and review of preliminary revenue information: (RY)
Mayor introduces the issue.
Discussion on the preliminary revenue information provided and funding a lease/purchase from
the General Fund for a new City Hall.
B. Discussion of meeting with Drainage District No. 2 required per the maintenance
agreement: (LS)
Mayor introduces the issue.
Sedlacek: We are required by our agreement with Drainage District No. 2 to meet by April 30th
of each year to discuss the maintenance of the drain ditch. The City has cleaned the drain ditch
and the Drainage District representatives have viewed the work that was done and approve of
same. I received a call from the Drainage District and they stated that we did a real good job and
they are satisfied with the work.
C. Review of an indemnification agreement for Eagle Country Plaza: (SEB)
Mayor introduces the issue.
Buxton: Discusses the Indemnification Agreement and provides some history of the project.
General discussion.
Sedlacek moves to accept and authorizes the Mayor to sign the Indemnification Agreement
between Eagle Country Plaza, LLC, and the City of Eagle. Seconded by Bastian. ALL
AYE: MOTION CARRIES ...........
7. PUBLIC HEARINGS:
A. PP-10-00 - Arbor Ridge Subdivision - Stacia Patterson: Stacia Patterson, represented by
Mark Butler with Land Consultants Inc., is requesting preliminary plat approval for Arbor Ridge
Subdivision. The 52.3-acre, 149-1ot (143-buildable) residential subdivision is located west of
State Highway 55 generally north of Hill Road. (This item was continued from the April 10, 2001
City Council Meeting) (WEV)
Mayor introduces the issue.
Mayor opens the Public Hearing.
Vaughan. Provides Council with an overview of the project. General discussion.
Veto Brewer, Holladay Engineering: Discusses the April 5, 2001, letter and the concerns of the
City. Discussion on the drainage issues as it will impact this site. Concern is that part of this
project is being built on a landfill that has been filled in.
Mayor swears in Mark Butler.
Mark Butler, representing the applicant. Displays an overhead of the plat. I appreciate the time
Evan's Homeowner's Association has spent with me on this project. The original
recommendation was from the Planning and Zoning Commission. Discusses the
recommendations. General discussion. We are agreeing to the sidewalk on Sadie and rough in
the berm as asked for by the Homeowner's Association. Discussion on the CUP. In my opinion
the CUP is not in compliance but the applicant has a different opinion. The applicant is bringing
in fill material at this time. There is a dispute with the property boundary on the North Side.
Discusses the disputed boundary. Discussion on the different Phases. If the pit gets filled to
your specifications, Phase 3 will be the pit area.
Mayor calls a recess at 8:45 p.m.
Mayor reconvenes the meeting at 8:50 p.m.
Mayor swears in Duane Glubay.
Duane Glubay, 500 N. Renee Pl., My main concern is landscaping and fencing. There is some
question as to what type of fence is going to be between our properties. My other concerns are
the width of their roads and irrigation water. General discussion.
Butler: Discusses the fence. It is planned for a 6' fence which will be reviewed by the Design
Review Road. The roads have been widened. Discussion on the waste water. We will be sure
that the drain water is taken care of properly.
General discussion on the mining continuing and the sidewalk along Dickey to Hill Road.
Mayor closes the Public Hearing.
Discussion on the North property line.
Basfian moves to approve PP-10-00 Arbor Ridge Subdivision Prelinfinary Plat with the
Site Specific Conditions of Approval as passed by the Planning & Zoning Commission with
the exception that Item g20 be stricken and a new Item #20 be added from a document we
received this evening dated April 18, 2001, in which the Evans Homeowners have agreed
with the developer to certain conditions. These conditions are: nos. 20, 21, 22, 24, 25, 26,
27, 28, 29, 30, 31 and Item #33 becomes Item #32. Item #32 reads in the second line:
"issuing building permits for any homes within Phase 2 Arbor Ridge Subdivision which
would terminate any major operations prior to building permits in Phase 2"; Item #33 shall
read: "No final plat which includes the North property line of Arbor Ridge shall be
approved by the City until the North property line issues are resolved to the satisfaction of
the city engineer and city attorney"; and all standard conditions of approval. Seconded by
Sedlacek. Discussion. Basfian amends the motion to add: Item #34: Require the
developer to indemnify the City of Eagle regarding the compaction of the fill upon which
the subdivision shall be constructed. Second concurs. ALL AYE: MOTION
CARRIES ................
B. PP-1-01 - Yorkshire Acres Subdivision - Robert DeShazo SrJBerkshire West: Robert
DeShazo Jr./Berkshire West, represented by Douglas W. Landwer, is requesting preliminary plat
approval for Yorkshire Acres Subdivision. The 4.64-acre, 15-lot (13-buildable, 2-common)
residential subdivision is located on the south side of East Floating Feather Road, approximately
900-feet west of Horseshoe Bend Road. (WEV)
Mayor introduces the issue.
Mayor opens the Public Hearing.
Mayor swears in Richard Pavelek.
Richard Pavelek, Tealey's Land Surveying, displays a site plan and discusses the project.
Discussion on pressurized irrigation. Discussion on the existing barn.
Vaughan: Displays an overhead of the preliminary plat and provides Council an overview of the
project. Discusses the stub street at the southern portion of the development and displays an
overhead of a vicinity map. Discussion on the pathway, the buffer area and pressurized
irrigation.
Buxton: Discussion on the length of streets.
Mayor swears in Michelle Knudson.
Michelle Knudson, Reads into the record a statement from Bret Tinker.
Mayor swears in Chad Cooper.
Chad Cooper, 1201 N. Falling Way, Eagle, I have several concerns. The water pressurize in our
subdivision at this time is low at certain times of the day. Discussion on the culdesac and access
to Berkshire Acres. I am wondering if the weed growth between the subdivisions will be
controlled during development. I am wondering if there is proper funding and financial backing
for this project. Another concern is the additional traffic through our subdivision. We have no
speed limit posting and no speed bumps. Discussion on the entrance to the subdivision and the
expense of the upkeep of the common area at the entrance. Discussion of potential access off
from Floating Feather.
Mayor swears in Michelle Knudson.
Michelle Knudson, 183 N. Falling Water, Discussion on the remodeling of the existing farm
homes. Discussion on the entrance to the subdivision and the additional expense of upkeep of
the common area.
Mayor swears in Tyler Smith.
Tyler Smith, 2490 Alpomado Court, most of my concerns were addressed at the Planning and
Zoning Commission meeting. I would like to request speed bumps. Discussion of access off
from Floating Feather. Discussion on the easement at the back of his lot. I would like to request
a requirement that a condition be a timely development. General discussion.
Mayor swears in Graham Dudley.
Graham Dudley, some of my concerns have been covered by Mr. Cooper. I would like to see a
condition that the subdivision be developed in a timely manner. I am wondering what type of
house will be built on the lot adjacent to my property.
Richard Pavelek, discussion on the Planning and Zoning Commission vote. Discussion on access
off from Floating Feather Road. General discussion on access. Discussion on the water and the
weed issue. Mr. Landwer can assure you that there is sufficient funding and the project will
move ahead in a timely manner. This Homeowner's Association will be a different Homeowner's
Association then Berkshire's Homeowner's Association and they will have their own common
area to maintain on Floating Feather. Speed bumps are an ACHD issue. Discussion on the fence
on the East side of the property line which was not on the property line. The fence will be
removed. New fences will be built on the property line.
Mayor closes the Public Hearing.
Sedlacek moves to approve PP-1-01 Yorkshire Acres Subdivision with the Site Specific and
Standard Conditions of Approval with the following modifications: All references and all
conditions of approval to North Berkshire Place be changed to North South Hampton
Place; Site Specific Conditions of Approval No. 3 be modified to read: "the existing barn
located on Lot 4, Block 2 shall be removed within 6 months after the City Clerk signs the
Final Plat"; that No. 13 be revised to read: "the Council acknowledges that this is an in-fill
property and is therefore limited to design and accepts the letter from the Eagle Fire
District as stating that there is no safety hazard and we waive the 500 lineal foot maximum
requirement"; that No. 14 be removed and replaced with the following: "all weeds within
the development and especially along the perimeter be cut and removed prior to any
permits being issued"; Site Specific Condition No. 21: the Applicant shall make a written
appeal to the ACHD to try and obtain a temporary construction easement somewhere
through Lot 6, Block 2; Standard Condition of Approval No. 8 shall stand with the
condition that written verification showing limited water rights and or lack of delivery
system be approved by the city engineer prior to the city engineer signing the final plat.
Seconded by Bastian. Discussion. Sedlacek amends the motion to add: Item #22: That the
developer demonstrate to staff that water pressurize to existing customers in Berkshire
Subdivision not be diminished with the development of this property. Second concurs.
Douglas Landwer, representing the applicant. I was involved with the former developer.
Provides a brief history of the problems with the former developer. I will contact the owner of
Eagle Water to have pressure tests on the current homeowners. I would like to get back with the
Council in 24 hours. I am the project manager. We have a loan in place with Idaho Bank. Major
investors are Robert Deshazo and Paul Clayton. General discussion.
Further Council discussion.
ALL AYE: MOTION CARRIES ................
Mayor calls a recess at 10:40 p.m.
Mayor reconvenes at 10:45 p.m.
C. ZOA-1-01 -Ordinance No. 392: An Ordinance Amending Eagle City Code Title 9 "Land
Subdivisions" Chapter I "General Subdivision Provisions", Section 6 "Rules And Definitions",
Definition Of Subdivision, Paragraph A; Providing A Severance Clause; Providing An Effective
Date. (WEV)
Mayor introduces the issue.
Mayor opens the Public Hearing.
Vaughan: Discusses the proposed ordinance amendment and the changes proposed. Our City
Engineer has reviewed the language and has no problem with the language.
Scott Field, Roylance & Associates, representing the applicant. Discusses the need for the
ordinance amendment.
Mayor closes the public hearing.
Bastian 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 #392 be considered after being read once by title only. Bastian reads Ordinance
#392 by title only. Seconded by Sedlacek. ALL AYE: MOTION CARRIES .................
Bastian moves that Ordinance #392 be adopted. Seconded by Sedlacek. Bastian: AYE;
Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES .....................
D. ZOA-2-01 -Ordinance No. 391: An Ordinance Of The City Of Eagle, Ada County, Idaho,
Amending The Eagle City Code By Adding Eagle City Code, Title 8, Chapter 9, Sections 4 (M)
And 26 To Allow For Additional Duties Of The Eagle Historical Preservation Commission To
Oversee And Operate The Eagle Historical Museum And To Provide Criteria For Such Oversight
And Operation; Providing For Other Matters And Providing An Effective Date. (WEV)
Mayor introduces the issue.
Mayor opens the public hearing.
Vaughan: Discusses the need to amend the ordinance to allow for the operation of the museum.
Mayor closes the Public Hearing.
General Council discussion.
Buxton: Upon review of the existing City Code the operation ora museum is already addressed
and the Commission has the authority to run the museum. My suggestion is to add Item #M to
the existing code that will allow for a museum. I will amend Ordinance No. 391 and bring back
to the City Council at the next meeting.
Bastian moves to continue the Public Hearing on ZOA-2-01 Rodinauce No. 391 to the May
8, 2001, City Council meeting. Seconded by Sedlacek. ALL AYE: MOTION
CARRIES .............
E. VAC-7-00 - Vacation to the final plat of Lexington Hills Subdivision No. 9 Crocker
Buildin~ Comoanv: Crocker Building Company, represented by Scott Field with Roylance &
Associates, is requesting City approval of a vacation to the final plat of Lexington Hills
Subdivision No. 9 to remove the utility, drainage and irrigation easements along the side lot lines
of Lots 56-59, 63-66, and 75-78, Block 7 to satisfy multiple lot line adjustments. The utility,
drainage and irrigation easement required for all side lot lines will be satisfied with the creation
of new easements along the side lot lines of each new lot. The site is located on both the east side
and west side of Parkforest Way, approximately 500-feet north of Floating Feather Road. (WEV)
Mayor introduces the issue.
Mayor opens the Public Hearing.
Vaughan: Provides Council an overview of the request for a vacation and lot line adjustment.
Scott Field, Roylance & Associates, representing the applicant, discusses the vacation and
easements. General discussion.
Mayor closes the Public Hearing.
Sedlacek moves to approve VAC-7-00 Vacation to the final plat of Lexington Hills
Subdivision No. 9 with staff recommendations and an additional recommendation #6: "any
modification to or relocation of the existing water and sewer stub outs will be to the cost of
the developer and a set of as built drawings showing both the water and the sewer stub outs
in relation to the new lot lines are to be submitted to United Water Operations and Eagle
Sewer District prior to the City Clerk signing the record of survey. Seconded by Guerber.
Discussion. ALL AYE: MOTION CARRIES ...................
8. NEW BUSINESS:
A. Discussion of the A1C letter regarding asset building: (RY)
Mayor introduces the issue. I'm asking for authorization to send two delegates and requesting
that you provide me names of delegates.
Council suggests one from Eagle Academy and one from Eagle High. Council would like to
have the schools come up with names of the delegates.
Guerber moves to authorize the Mayor to contact Eagle Academy and Eagle High to
provide names of students to be the City delegates. Seconded by Bastian. ALL AYE:
MOTION CARRIES ..........................
B. Ordinance No. 380: An Ordinance Creating Title 2, Chapter 6, Eagle City Code Providing
For The Creation Of The Eagle Arts Commission; Establishing The Terms Of Office And
Vacancies Of Such Commission; Providing For Such Commission's Organization, Duties And
Responsibilities; Providing For Other Matters; And Providing An Effective Date. (SKM)
Mayor introduces the issue.
Sedlaeek 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 #380 be considered after being read once by title only. Sedlacek
reads Ordinance #380 by title only. Seconded by Guerber. ALL AYE: MOTION
CARRIES .................
Sedlacek moves that Ordinance #380 be adopted. Seconded by Guerber. Bastian: AYE;
Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES .....................
C. Resolution # 01-05: Adoption of the Cultural Arts By-Laws. (SKM)
Mayor introduces the issue.
Guerber moves for adoption of Resolution ~01-05: Adoption of the Cultural Arts By-Laws.
Seconded by Sedlacek. ALL AYE: MOTION CARRIES ............
D. Discussion of request for donation for the 2001 Senior Graduation Party: (RY)
Mayor introduces the issue.
General Council discussion.
Guerber moves to provide $1.00 per student graduating or $500 which ever is larger to the
traditional senior party for the year 2001. Seconded by Bastian. Bastian: AYE; Sedlacek:
AYE; Guerber: AYE: ALL AYE: MOTION CARRIES .................
E. Lease Agreement for Eagle Tropical Snow: (SKM)
Mayor introduces the issue.
General Council discussion.
Bastian moves to approve the Lease Agreement for Eagle Tropical Snow and authorize the
Mayor to sign the Lease Agreement. Seconded by Sedlacek. Bastian: AYE; Sedlacek:
AYE; Guerber: AYE: ALL AYE: MOTION CARRIES ......................
F. Appointment to Design Review Board.
Mayor recommends the reappointment of Eric McCullough to the Design Review Board.
Sedlacek moves to confirm the appointment of Eric McCullough to the Design Review
Board. Seconded by Bastian. ALL AYE: MOTION CARRIES ...............
9. EXECUTIVE SESSION:
Guerber moves to go into Executive Session for the discussion of legal issues. Seconded by
Bastian. Bastiam AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION
CARRIES ..............
Council discusses legal issues.
Council leaves Executive Session.
Bastian moves to approve the purchase of the Schaal property and directs the City
Attorney to draft a purchase and sales agreement. Seconded by Sedlacek. Bastian: AYE;
Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES .............
10. ADJOURNMENT:
Bastian moves to adjourn. Seconded by Sedlacek. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 11:45 p.m.
Respectfully submitted:
CITY CLERK/TREASURER
APPROVED:
Page 13
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Notary Public
State of Idaho
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APR.-24'01(TUE) 14:22 MOORE SMITH BUXTON
TEL:208 331 02/ RC TEiVED -fin,
Y OF�iLE
wife: 1(1' CH REr�{
APR 2 'i 2001
MOORE SMITH BUXTON & TURCKE,D____
DAvZD 11. Rirrrn
SUSAN E BUXTON •
Jostro D. MALLET
MICHAEL C. MOOREI
But i M. SMITH
PAUL A. TU c i'
TAMMY A. Zos:esr'
ATTORNEYS AND COUNSELORS AT law
225 NORTH 9Th STREET', SurrE 920
BOISE, 83702
TELEPHONE: (208) 331-1800 FAX: (208) 331-1202
April 24, 2001
ORIGINAL
JoNN J. MCFAnom -s
Of GNir
• Also admitted in Oregon
Also admitted in Washington
Also admitted in South Dakota
• Also admitted in New Mexico
{Mayor Yzaguirre and City Council Members
I City of Eagle
P.O. Box 1520
'Eagle ID 83616
RE: Eagle River Preliminary Plat Findings of Fact and Conclusions of Law
Dear Mayor and City Council:
Vern Brewer, Ed Miller, Tammy Zokan (our new attorney) and I met yesterday to resolve
the flood water volume capacity design issues with Eagle River, LLC and the Preliminary Plat
Findings of Fact and Conclusions of Law. It is my understanding that the changes suggested in
my letter dated April 20, 2001, are acceptable to City staff and Eagle River. In our meeting
yesterday, however, we made further amendments to Site Specific Condition 2,d. The proposed
language for your consideration is as follows:
"All development and improvement of the Eagle River development shall comply with
applicable local, stare, and federal regulations, and Title 10, Flood Control Eagle City Code
which pertain to regulated wetlands, floodplain, and flooding areas. The developer shall provide
suitable plans to the City insuring that flood waters will pass in a manner allowing the flood
!eater volume capacity to function as designed and as required by the above -listed statutes,
regulations and ordinanres."
We would be pleased to answer any questions you may have regarding this condition at
the meeting tonight.
Very Truly Yours,
MOORE SMITH BUXTON & TURCKE,
CHARTERED
Susan E. Buxton
# )1°' "
APR. -24' 01(TUE) 14:22 MOORE SMITHI BUXTON
Mayor and City Council
April 24, 2001
Page 2
SEBJbi
Enclosure
Cc: Bill Vaughan, via facsimile
Vern Brewer, via facsimik
Ed Miller, via facsimik
TEI,:208 331 1202 P. 003
APR. -24' 011 (TUE) 14:21 MOORE SMITH BUXTON TEL:208 331 1202 P. 001
MOORE SMITH BUXTON & TURCKE, CHAR i r tED
ATMENEYS AT LAw RECEIVED & FILED
CITY OF EAGLE
NINTH & IPAHO CATER, Sung 420
225 Nam gra STai r, Bow, ID 83702
TFLFPHON& (208) 331-1800 Fax! (206) 331-1202
FACSIMILE COVER brnrk Y
APR 2 4 2001
File.
Route to -
DATE: pri124, 2001 Recipient's Fax: 939-6827
TO:
RE:
Sharon Moore
City of Eagle
Eagle River
FRO Susan E. Buxton/Becky Ihli
OF PAGES INCLUDING THIS COVER SHEET:
Client
ADDITIONAL COMMENTS:
1019-2
3
Original will not be sent
Original will be sent by first class mail
.T,,.._ Original will be sent by federal
express
Sharox -
S will bring the original with her to the meeting tonight. If you have any questions, please
_give n. a call. Thanks. -
Becky
-11
********************IMPORTANTMESSAGE*******"* ******
THE ' 1; + RMATION CONTAINED IN THIS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDEvnAL INFORMATION
ONLY FOR 1HE USE OF THE INDIVIDUAL NAMED ABOVE. IF THE READER OF THUS mEssAGE IS NOT THE INTENDED
OR THE EMPLOYEE OK AGENT 444.31 i.nJSIBLE TO DELIVER IT TO THE ..4 s ciu &. K LAI 1, YOU ARE n t. i x
N + 3 • THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY . ; e umin Lai). EF
YOU ' • RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE, AND RETURN THE
ORI ell MESSAGE TO US AT TIE ABOVE ADDRESS VIA THE U.S. POSTAL cca . A.m. THANK YOU.
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
SUBJECT: PP -1-01 — Yorkshire Acres Subdivision — Robert DeShazo Jr/Berkshire West
April 24, 2001
7:30 P.M.
NAME
PLEASE PRINT LEGIBLY
ADDRESS TELEPHONE PRO? CON?
/11i.r,i/4 Kivu/AA' fo1l)1/2-19 Mvca fat `?1iR() y9Co
7-)./vIcer //44162 N f4//%y wa. & ,4FFI Q,9Vi7
�• Conocr~ 14-(4-er-
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Page 1 of 1
Documeni2
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN•IN SHEET
SUBJECT: PP -10-00 — Arbor Ridge Subdivision — Stacia Patterson
April 24, 2001
7:30 P.M.
NAME
PLEASE PRINT LEGIBLY
ADDRESS TELEPHONE PRO? CON?
Page 1 of l
Document2
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN•IN SHEET
SUBJECT: VAC -7-00 — Vacation to the final plat of Lexington Hills No.9
— Crocker Building Co.
April 24, 2001
7:30 P.M.
NAME
PLEASE PRINT LEGIBLY
ADDRESS TELEPHONE PRO? CON?
Page 1 of
Document2
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
SUBJECT: ZOA-2-01 — Ordinance 391
April 24, 2001
7:30 P.M.
PLEASE PRINT LEGIBLY
ADDRESS TELEPHONE PRO? CON?
Page l of
Document2
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN•IN SHEET
SUBJECT: ZOA-1-01 — Ordinance 392
April 24, 2001
7:30 P.M.
PLEASE PRINT LEGIBLY
ADDRESS TELEPHONE PRO? CON?
Page 1 of t
Document2
J -U -B ENGINEERS, Inc.
TABLE EX -4 RELIEF ALTERNATIVE ANALYSIS SUMMARY TABLE
'ALTERNATIVE
?BRIEF ;ESTIMATED
DESCRIPTION PROJECT COST
Service Area G_ID Numbers 12, 13, 15 & 45 to Boise;
Construct Diversion & 21" East Side Relief Line (Pt. A to Pt C);
Construct 12" Line from Island Woods lift station to Streamside lift station (Pt. D oto Pt
Alternative 1 E); $ 1.31
Construct Force Main Beneath Boise River to 30" Trunk (Pt. F to Pt G);
Construct Diversion & 24" Redwood Relief (Pt. H to Pt I);
Service Area G_ID Numbers 19, 52, & 53 to Boise
Service Area G_ID Numbers 14, 15 & 45 to Boise;
Construct Diversion & 18" East Side Relief Line (Pt. A to Pt C);
Construct 12" Line from Island Woods lift station to Streamside lift station (Pt. D to Pt
Alternative 1A E); 5 1.2
Construct Force Main Beneath Boise River to 30" Trunk (Pt. F to Pt G);
Construct Diversion Et 24" Redwood Relief (Pt. H to Pt 1);
Service Area G_ID Numbers 19, 52, & 53 to Boise
Alternative 2A
Alternative 2B
Alternative 3
Service Area G_ID Number 45 to Boise
'Construct Diversion & 21" East Side Relief Line (Pt. A to Pt C);
Construct 12" Line from Island Woods lift station to Streamside lift station (Pt. D to Pt
E);
Construct Diversion & 18" State Street Relief Line (Pt. J to Pt. K);
•Construct Force Main Beneath Boise River to 30" Trunk (Pt. F to Pt G);
'Construct Diversion & 24" Redwood Relief (Pt. H to Pt I);
'Service Area G_ID Numbers 19, 52, & 53 to Boise
S 2.40
Service Area G_ID Number 45 to Boise
•Construct Diversion & 21" East Side Relief Line (Pt. A to Pt C);
'Construct 12" Line from Island Woods lift station to Streamside lift station (Pt. D to Pt
E);
'Construct Diversion Near Albertson's 18" - 24" Trunk relief to 30" Trunk (Pt. L to Pt. K);
'Construct Force Main Beneath Boise River to 30" Trunk (Pt. F to Pt G);
Construct Diversion & 24" Redwood Relief (Pt. H to Pt 1);
Service Area G_ID Numbers 19, 52, & 53 to Boise
Service Area G_ID Number 45 to Boise
•Construct Diversion & 21" East Side Relief Line (Pt. A to Pt C);
Construct 12" Line from Island Woods lift station to Streamside lift station (Pt. D to Pt
E);
Construct Lift Station Near Albertson's & Force Main to 30" Trunk (Pt. L to Pt. K);
Construct Force Main Beneath Boise River to 30" Trunk (Pt. F to Pt G);
Construct Diversion & 24" Redwood Relief (Pt. H to Pt I);
Service Area G_ID Numbers 19, 52, & 53 to Boise
1 The costs listen are current day costs, in millions.
2 Refer to Figure 6 for location of Service Area G_ID numbers.
3 Refer to Figure 11 for depiction of Relief Alternatives.
Eagle Sewer District
Sewer Master Plan
N/A
$ 2.49
Page 7
• J -U -B ENGINEERS, Inc.
R
• Relief Alternative 2A, 2B, Ft 3. This is an opposite approach. These relief alternatives
prioritize maximizing service area, and implementing relief alternatives as required.
4-2.1 Relief Alternative 1
24" Trunk Relief
Relief Alternative 1 was developed with the goal in mind to minimize the need
for the construction of relief sewer lines and associated capital costs.
Geographically, the east and southeast boundaries of the Central Sewer Service
Area border Boise City. Boise City's Hill Road Interceptor is located adjacent to
the east boundary. Therefore, Relief Alternative 1 consists of routing flows from
service areas that are near the Hill Road Interceptor. Under Relief Alternative 1,
the flow from service areas designated in the Master Plan Model as G_ID 12, 13,
and 15, which are located near the intersection of SH -55 are sent to Boise City.
These measures will aid in the relief of the 24" trunk. Refer to Figure 10 in
Appendix A for a graphical depiction of service areas.
Under this alternative, a force main that would be bored beneath the North
Channel of the Boise River from Point F to Point G to provide relief to the 24"
trunk. The flows from Island Woods would be routed through a boring beneath
Eagle Road from Point D to Point E, connecting Island Woods sewers to the newly
constructed 12" interceptor in the Two Rivers Subdivision. "Dennis" or the Island
Woods lift station will be eventually abandoned. Flows would then be carried to
the Streamside Lift Station where it would be pumped directly to the 30" trunk
from Point F to Point G. This would also help relieve the 24" trunk line.
15"-18" Edgewood Interceptor Relief
Another portion of this relief alternative is to provide relief for the Edgewood
Interceptor. This can be accomplished by constructing a diversion structure at
Point A, near the intersection of State Street and Edgewood and diverting flows
through an 18" (possibly 15") relief from that point due south to Point B where a
future 18" line along SH -44 would be located to convey flow from Point B to
Point C. Up to 60% of the flow would be diverted to the future 21" line providing
adequate relief for the Edgewood Interceptors.
12" Stream Side Interceptor Relief
Under this alternative, the service areas known as G_ID 19, 52, and 53 (Future
Fall Creek Development) would be routed to Boise's 21" Interceptor .
15" Redwood Creek Interceptor Relief
Flows currently served by the Redwood Creek Subdivision will be rerouted to the
West Regional Lift Station. This will allow the District to abandon the Redwood
Creek Lift Station.
One last relief measure associated with this alternative is the construction of a
relief line for the 15" Redwood Creek Interceptor. Up to 70% of the future flows
from the West Region Lift Station, as well as from a future Ballentyne
Interceptor, could be accommodated by adding a diversion structure in the
Redwood Creek Line and diverting flows through a 24" relief line that runs
parallel to the existing Redwood Creek Interceptor.
Eagle Sewer District Page 25
Sewer Master Plan
J -U -B ENGINEERS, Inc.
4-2.2 Relief Alternative 1A
This alternative is very similar to Relief Alternative 1 and has most of the same
relief measures. Relief Alternative 1A was developed to allow the sub -service
areas directly northeast of the SH -44 and SH -16 intersection known as G_ID 12
and 13 to be served by ESD in lieu of G_ID 14, which is southeast of the
referenced intersection. These service areas (12, 13) are expected to develop
earlier (i.e. WinCo) than service areas (14, 15) eliminated (Monroc). The
difference in flow as a result of this service area revision is very minor and
requires essentially the same relief as does Relief Alternative 1 for the 24" trunk
line. The Edgewood Interceptor Relief may be reduced in size to 18".
4-2.3 Relief Alternative 2A
The goat of Relief Alternative 2 is to identify the improvements that will be
needed if the majority of the East Service Area were to be served. There are
several common elements with Relief Alternatives 1 and 1A.
24" Trunk Relief
This relief alternative again has similar relief measures as Relief Alternative 1
with the exception of the inclusion of flows from the service areas known as G_ID
12, 13, 14, and 15. All of these areas are served to ESD. With all of these
service areas connected, the 24" trunk is no longer capable of handling the
associated flows and requires relief. Therefore, this alternative includes the
construction of a diversion at Point J. Flow from the existing 18" Edgewood
Interceptor would be diverted through a future 18" to convey flows west on State
Street and then eventually to Point K at the 30" trunk line. This flow would
bypass the 24" trunk completely.
4-2.4 Relief Alternative 2B
24" Trunk Relief
The option of gravity flow from Point L to Point K was also briefly examined.
However, there does not appear to be an adequate elevation drop to allow an
18" or 24" relief line. This alignment corridor is extremely limited in terms of
practical working areas with the SH -44 and Boise River. Constructing a parallel
trunk adjacent to the Boise River would require significant environmental
permitting and involve difficult construction. This relief alternative was deemed
not feasible and eliminated from further consideration.
4-2.5 Relief Alternative 3
This alternative was considered with the goal in mind to serve as much of the
East Service Area as possible, similar to Relief Alternatives 2A and 2B.
24" Trunk Relief
The main objective of this alternative is also to relieve the 24" Trunk Line. It
consists of the same relief measures discussed for Relief Alternative 2A with the
exception that the 18" State Street Relief will be replaced with a lift station and
force main. This alternative diverts flow by constructing a Lift Station at Point L
that would pump the flow through a force main to Point K into the 30" Trunk
Line. The force main would be routed along the north side of SH -44.
Eagle Sewer District
Sewer Master Plan
Page 26
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EAGLE SEWER DISTRICT
MASTER PLAN
FIGURE O
MASTER PLAN SIZE AND
SERVICE AREAS
0
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J•U•B ENGINEERS. Inc.
250 SOO 114 S((MMOOO 01/121‘22
SMT( 201
SOM. ,Ou,O -OWN
Iw0,12. 200-321-7330
UT- 203-313-0325
cc 61.x,1—r7I
MOORE SMITH BUXTON & TURCKE, CHARTERED
DAVID H. BIETER
SUSAN E. BUXTON'
JOSEPH D. MALLET
MICHAEL C. Moon t
BRUCE M. SMITH
PAULA. TURCKE'
TAMMY A. ZoKAN'
ATTORNEYS AND COUNSELORS AT LAW
225 NORTH 9'H STREET, SUITE 420
BOISE, ID 83702
TELEPHONE (208) 331-1800 FAX: (208) 331-1202
April 24, 2001
Mayor Yzaguirre and City Council Members
City of Eagle
P.O. Box 1520
Eagle ID 83616
JOHN J. MCFADDEN's
Of Counsel
' Also admitted in Oregon
I Also admitted in Washington
° Also admitted in South Dakota
' Also admitted in New Mexico
RE: Eagle River Preliminary Plat Findings of Fact and Conclusions of Law
Dear Mayor and City Council:
Vern Brewer, Ed Miller, Tammy Zokan (our new attorney) and I met yesterday to resolve
the flood water volume capacity design issues with Eagle River, LLC and the Preliminary Plat
Findings of Fact and Conclusions of Law. It is my understanding that the changes suggested in
my letter dated April 20, 2001, are acceptable to City staff and Eagle River. In our meeting
yesterday, however, we made further amendments to Site Specific Condition 2,d. The proposed
language for your consideration is as follows:
"All development and improvement of the Eagle River development shall comply with
applicable local, state, and federal regulations, and Title 10, Flood Control Eagle City Code
which pertain to regulated wetlands, floodplain, and flooding areas. The developer shall provide
suitable plans to the City insuring that flood waters will pass in a manner allowing the flood
water volume capacity to function as designed and as required by the above -listed statutes,
regulations and ordinances."
We would be pleased to answer any questions you may have regarding this condition at
the meeting tonight.
Very Truly Yours,
MOORE SMITH BUXTON & TURCKE,
CHARTERED
Susan E. Buxton
Mayor and City Council
April 24, 2001
Page 2
SEB/bi
Enclosure
Cc: Bill Vaughan, via facsimile
Vern Brewer, via facsimile
Ed Miller, via facsimile