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Minutes - 2001 - City Council - 06/26/2001 - RegularORIGINAL. EAGLE CITY COUNCIL Minutes June 26, 2001 PRE-COUNCIL AGENDA 6:30 p.m.- 7:30 p.m. 1. Ada County Sheriff's Office: Deputy Borgquist will present the monthly report for May. Deputy Borgquist distributes the monthly report and discusses the same. General discussion. Provides the City Council an update on the street light project he has been working on. General discussion. The crinre rate in the area has dropped since residents have been leaving their outdoor lights on. Over all the interest to install streetlights doesn't seem to be there. Council concurs to delay action on this until nrore residents desire to have the lights installed. Deputy Borgquist will contact the people on Harlan who would like to lights on their street and report back to the Council. 2. Jim Birdsall will discuss the Mercy Housing project status. Jim provides the Council an update on Eagle Village Housing project. We have resubmitted our application to HUD. We are making progress on our new applications. Discusses funding options. General discussion. Mercy Housing System owns the property now. A newsletter is distributed to the neighboring residents to keep them updated on the project. A copy of the newsletter will be sent to City Hall. Discussion on a water/well issue on Park Lane. 3. Vern Brewer with Holladay Engineering will give the final report on the ground water monitoring that was done at the Eagle Public Library. Ground water is a contributing factor. Surface water cannot find a place to go. Groundwater is excluded as the cause of standing surface water. The engineering solution for the standing water is installing a drainpipe to be attached to the existing drain line. It is our opinion that there are possibly some responsible parties that would have to bear the cost of a new drainpipe. This is a design issue. The french drains that were put in this area are not connected and do not drain anywhere. General discussion. Council concurs to have the City Attorney look into this matter. 4. Mayor and Council's Report: Moved to the end of the Agenda 5. City ClerkJTreasurer Report: May Financial Report is distributed. Budget workshops need to be scheduled for July. Budget workshop is scheduled for July 17th at 6:30 p.m. Facilities Assessment Committee is scheduled to present their report to Council on July 3rd at 5:00 p.m. at a special meeting. 6. Zoning Administrator's Report: Moved to the end of the Agenda 7. City Attorney Report: Moved to the end of the Agenda REGULAR COUNCIL AGENDA: 7:30 p.m. 1. CALL TO ORDER: Mayor calls the meeting to order at 7:40 p.m. 2. ROLL CALL: MERRILL, BASTIAN, SEDLACEK, GUERBER. Guerber is 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 June 5, 2001. C. Minutes of June 19, 2001. D. Findings and Conclusions for CU-1-01 - Alei & Cal Gothberg: Early Childhood Education Center represented by Alei & Cal Gothberg, are requesting conditional use approval to provide a specialized individual child care and education facility for pre-school age children. The 2,497 sq. ft. building is located on the south side of East State Street approximately 1,125-feet west of Edgewood Lane, at 1275 E. State Street. (WEV) E. Findings and Conclusions for FPUD-6-01 & FP-14-01 - Aries Development~ LLC: Aries Development, LLC, represented by Mike Hormaechea, is requesting final development plan and final plat approval for Brookwood Subdivision Phase 4, a 66-1ot (52-buildable) residential subdivision. This 45.5- acre (approx.) phase of Brookwood PUD is located on the north side of Floating Feather Road and west of Feather Nest Estates Subdivision. The site is within the Eagle City Limits.(WEV) Merrill removes Items #4B, #4C and #4D. Sedlacek moves to approve the amended Consent Agenda. Seconded by Bastian. ALL AYE: MOTION CARRIES ...................... 4B. Minutes of June 5~ 2001. Mayor introduces the issue. Merrill: Correction on Page 4, the motion on CU-1-01. Approval should be Three AYES and One ABSTAIN. Merrill moves to approve the Minutes of June 5, 2001, with the discussed changes. Seconded by Bastian. ALL AYE: MOTION CARRIES .................. 4C. Minutes of ,~une 19~ 2001. Mayor introduces the issue. Merrill: Correction on Page 1, Item #3, ACHD: add "F" at the end of the first sentence. Merrill moves to approve the Minutes of the June 19, 2001, with the discussed changes. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ................. 4D. Fintlin~s and Conclusions for CU-1-01 - Alei & Cai Gothberg: Early Childhood Education Center represented by Alei & Cal Gothberg, are requesting conditional use approval to provide a specialized individual child care and education facility for pre-school age children. The 2,497 sq. ft. building is located on the south side of East State Street approximately 1,125-feet west of Edgewood Lane, at 1275 E. State Street. (WEV) Mayor introduces the issue. Merrill: I have a conflict of interest and need to abstain from voting on this item. Sedlacek moves to approve Findings and Conclusions for CU-1-01. Seconded by Bastian. TWO AYES: ONE ABSTAIN: MOTION CARRIES ................. Merrill moves to add to the Agenda under New Business Item #8B. Proposal from Trautman's for landscaping of West Entry. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ................ 5. FINAL PLATS: A. FP-15-01 - Final Plat for Eagle Crest Subdivision (for~nerl¥ Williamsburg Subdivision) - Asin Homes: Asin Homes LLC., represented by Kent Brown with Briggs Engineering, is requesting final plat approval for Eagle Crest Subdivision (formerly Williamsburg Subdivision), a 4.69-acre, 33-1ot residential subdivision located approximately ~/2 mile north of Floating Feather Road, abutting Hwy 55 on the west and Horseshoe Bend Road on the East. (WEV) Mayor introduces the issue. Mark Butler, representing the applicant, we have only one comment in reference to the open space recommendation by Staff. Staff is recommending that we provide a Letter of Credit for the open space in Phase I but that we also provide a Letter of Credit for the park that is planned in Phase 1i. We think that it is unreasonable to provide a Letter of Credit for the park in Phase II. General discussion. Kent Brown, Briggs Engineering, in the process of putting the O&M manual together in regards to the private street. General discussion on the drainage. Vaughan: Provides Council an overview. The only concern that Mark talked about was the bonding for the landscaping in the entire development. Bastian moves to approve FP-15-01 Final Plat for Eagle Crest Subdivision No. 1, formerly Williamsburg Subdivision with a change in staff recommendation No.2, line 3 to read: "common areas within Phase 1, including the triangular park site adjacent to Phase 1 ............. "and all other standard conditions. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ............ B. 99-35-PDR - Final Plat for Callaway Ranch Subdivision - Charles Ward: Charles Ward with Annelise Development, LLC, is requesting final plat approval for Callaway Ranch Subdivision, a 63.36-acre, 33-1ot (3 l-buildable) residential subdivision located on the south side of Beacon Light Road approximately 800-feet west of Park Lane. This site is located in the Eagle Area of Impact.(WEV) Mayor introduces the issue. Vaughan: Staff recommends that this matter be continued to provide the City Engineer more time for his review. Merrill moves to continue 99-35-PDR Final Plat for Callaway Ranch Subdivision to the July 10, 2001, City Council meeting, to allow the City Engineer to review the issues at hand. Seconded Sedlacek. ALL AYE: MOTION CARRIES ............ 6. UNFINISHED BUSINESS: A. AA-3-01 - Appeal of Zoning Administrator and Building Official's decision to require the lowering of the entire roof of a residential building which exceeds the 35-foot maximum height limitation - Oasis Construction: Oasis Construction, represented by Mark Butler with Land Consultants Inc, is requesting City Council approval of an appeal of the Zoning Administrator and Building Official's decision to require the lowering of the entire roof of a residential building which exceeds the 35-foot maximum height limitation. The site is located 1233 W. Colchester Drive within Banbury Meadows Subdivision. This item was continued from the June 5, 2001 meeting. (WEV) Mayor introduces the issue. Mike Mongelli, City Building Official, provides Council with a history of this problem. I have had the opportunity to review the tapes from the last meeting. There is an 18% increase in the floor area of the building. The Building Permit was revoked, not a stop work order. Overhead of a comparison of the two buildings is displayed and discussed. General discussion. Mark Butler, representing the owner of the home, a lot of the facts that Mike presented shows that the Contractor is terrible. The issues are the height. Is there a legal way to take care of the height. Provides Council with some history. We are trying to do everything we can to leave the house. We are prepared to deal with it in any way that we have to deal with it. Dick Phillips, 3065 S. Whitepost, Eagle, 1 don't want to get into a nasty discussion on height issues. We've gone through the height issue and I thought everyone in the world understood it. We feel bad the house is there and it's to high and doesn't work. Harvey Hoff, myself, as developers, and the Architectural Review Committee do not like the height of the building that exceeds the City requirements and the plans that were shown to us did not show a three story, therefore there was not concerns about anyone exceeding the height. Our covenants are written and go with the land and when a builder builds quite a few homes we feel that they are familiar with what our covenants say. The regulations simply state that they shall comply with the set backs and requirements of the City of Eagle. There are many things that aren't the way it was presented, the height, third story, the windows and on and on and on. Harvey, I and the ARC are not in favor of exceeding the 35' height. This house is not in compliance with the covenants and the plans presented to the Architectural Committee are not the house that is being built. City Attorney: I don't have anything else to add, I am in concurrence with the statements that Mike Mongelli presented. General Council discussion. Sedlacek moves to deny AA-3-01 Appeal of Zoning Administrator and Building Official's decision to require the lowering of the entire roof of a residential building which exceeds the 35-foot maximum height limitation and that the home be brought into compliance. Seconded by Merrill. ALL AYE: MOTION CARRIES ...................... B. Findings of Fact and Conclusions of Law for 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. (WEV) This item was continued from the June 5, 2001 meeting. Mayor introduces the issue. City Attorney: Discusses the correspondence dated June 18, 2001, from Fredric V. Shoemaker in regards to the Findings of Fact and Conclusions of Law. I have provided you a copy of my letter in response to this correspondence dated June 26, 2001. Provides Council an overview of the June 26, 2001, letter. General discussion. Discussion on the letter from Evans Water Corporation and Homeowner's Association letter dated June 21, 2001, and the removal of the landscaping. Merrill moves to approve Findings of Fact and Conclusion of Law for PP-10-00 Arbor Ridge Subdivision with the exception of: Site Specific Condition #28 which is a clarification which shall state: "Strata Geotechnical Engineering will submit a revised plat which delineates building envelopes for those lots in which a portion of the lot may be situated upon questionable fill material and structure. The City Engineer shall approve Strata's findings prior to the Engineer signing the final plat. Seconded by Bastian. ALL AYE: MOTION CARRIES ........................ Mayor calls a recess at 8:35 p.m. Mayor reconvenes the meeting at 8:45 p.m. C. Discussion of May 23~ 2001 letter from Chris Meyer regarding City of Eagle Water Rights and the June 4, 2001 response from Holladay Engineering Co. Mayor introduces the issue. Veto Brewer, Holladay Engineering, provides a history of the Brookwood well and the point of diversion. We have to go back and re-file the point of diversion and have it transferred. This is causing a significant delay in the project. I can't give you a completion date. Discussion of the agreement with United Water to provide water. For United Water to provide water for this project it would be outside the agreement with United Water. The City does not have a water right at the point where we need to draw the water. This well needs to be added to the 1998 water rights. General discussion. Discussion on the United Water Agreement. A meeting is scheduled for July 12, 2001, at the United Water Office. General discussion. D. Ordinance No. 377: An Ordinance Of The City Of Eagle, Ada County, Idaho Establishing Daycare Regulations; Requiring Licenses; Providing Definitions; Requiring Applications And An Application Fee; Providing For The Issuance, Duration And Validity Of Licenses; Providing Penalties; Providing Separability; And Providing An Effective Date. (SKM) This item was continued from the June 5, 2001 meeting. Mayor introduces the issue. General Council discussion. Merrill 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 #377 be considered after being read once by title only. Merrill reads Ordinance #377 by title only. Seconded by Bastian. ALL AYE: MOTION CARRIES ................. Merrill moves that Ordinance #377 be adopted. Seconded by Bastian. Bastian: AYE; Merrill: AYE; Sedlacek: ALL AYE: MOTION CARRIES ........................ Bastian moves to establish a $50 license fee for a Day Care Center to include the background check or any other necessary paperwork. Seconded by Merrill. ALL AYE: MOTION CARRIES .................... E. Review of the proposals for the replacement of trees: (NM) This item was continued from the June 5, 2001 meeting. Mayor introduces the issue. Merrill: Discusses the proposal from Jaykers and the Trautman proposal. General discussion. Council would like to obtain the trees from Jaykers and have Trautman do the work. Council Member Merrill will discuss this with Tal Trautman. F. Discussion of the HyettPalma Report: This item was continued fi'om the June 5, 2001 meeting. Mayor introduces the issue. General Council discussion. Merrill moves to go forward with the HyettPalma Consultation and direct the Mayor to see if they will accept one-half the payment this fiscal year and one-half next fiscal year. Seconded by Sedlacek. ALL AYE: MOTION CARRIES .................. City Attorney discusses the proposed contract. Merrill withdraws her previous Motion and Sedlacek the Second concurs. Merrill moves to continue the discussion of the HP to the next regularly scheduled Council meeting on July 10, 2001. Seconded by Bastian. ALL AYE: MOTION CARRIES ............... G. Discussion regarding the Ada County/Eagle Sports Complex: (NM & RY) This item was continued from the June 5, 2001 meeting Mayor introduces the issue. Merrill reports on the Park Committees discussion on lease the 84 acres at the Ada County/Eagle Sports Complex. General Council discussion. Merrill moves to have the City Attorney bring back a lease agreement for the 84 Acre Ada County Park at the City Council meeting on July 10, 2001. Seconded by Sedlacek. ALL AYE: MOTION CARRIES ............... H. Discussion of the proposed signalization on the Alternate Route: (RY) Mayor introduces the issue. General Council discussion. 7. PUBLIC HEARINGS: A. RZ-17-00 - Rezone from AR to M-U Lloyd Campbell: Lloyd Campbell, represented by Roylance & Associates, is requesting a rezone from A-R (Agricultural-Residential) to MU (Mixed Use). The 1.09-acre site is located west of State Highway 55 approximately 150-feet south of Beacon Light Road at 12700 Horseshoe Bend Road. (WEV) This item will be continued to the July 10, 2001 City Council meeting. Mayor: This item has been continued to the July 10, 2001, City Council meeting. 8. NEW BUSINESS: A. Discussion of the ~lune 15~ 2001 letter from Holladay Engineering regarding Eagle Island Pedestrian Path Surface Improvement. (NM) Mayor introduces the issue. Veto Brewer, Holladay Engineer, provides Council with an overview of the proposal for the Eagle Island Pedestrian Path Surface Improvement. General Council discussion. Sedlacek moves to have Holladay Engineer move forward with proposals for the Eagle Island Pedestrian Path Surface Improvement. Seconded by Merrill. ALL AYE: MOTION CARRIES .................. B. Proposal for landscaping West Entry. Mayor introduces the issue. General Council discussion. Merrill moves to accept the Trautman Proposal for $5,380 and that Council Member Sedlacek work with the hydro-seeding people to reduce that amount. Seconded by Bastian. ALL AYE: MOTION CARRIES .............. Pre-Council Reports: #6. Zoning Administrator's Report: Ada County Commissioners are going to adopt our Comp Plan on July l 1, 2001 and it will come before Council on the July 24, 2001 City Council meeting. General discussion. Discussion on cellular tower application that will be coming to the City. Update on the Ranch Building at Rocky Mountain Business Park. George and Reid indicated that they are trying to do some refinancing and they should have an answer the middle of July. If they get the refinancing they will be able to move forward on the Ranch Building. Discussion on the outside clean up around the Ranch Building. Discussion on the Eagle Water Company property and enforcement procedures. Discussion on additional downtown parking on a lot that could be available on Aikens. Discussion on signage around town. Discussion on the Blue Moose signage. Discussion on Heritage Park. Trash is to be emptied every night by the Sno Shack employees. We need to monitor to be sure the trash is being emptied. #7. City Attorney Report: I met with Larry Schwartz and the City is going to get $34,000 cash within 60 days from the closing with Walt Schaal for the parking lot development and that will put that parcel in compliance with the parking requirements. I will have a Contract by the next meeting for your review. General discussion. Discussion on per diem for Boards. I have drafted an Ordinance, which will cover all your Standing Committees. General discussion. Council would like to have the Ordinance only address Planning and Zoning and Design Review. Update and discussion on the Personnel Manual. #4. Mayor and Council's Report: Sedlacek: For the August 14, 2001, meeting I would like to have someone on the Pre-Council Agenda to discuss ground water. General discussion. I will provide more information. Discussion on floodway issues. Discussion on Development Impact Fee Advisory Committee. Discussion on the Industrial Development Corporation. Bastian: Library board has not had a meeting. General Discussion on computer filtering. Merrill: Reports on Merrill Park funding phasing. Report on the playground equipment that has been installed at OK Park and Friendship Park. Little kids playground equipment is installed at OK Park and big kids equipment is installed at Friendship Park. Report on comer at Alternate Route and Eagle Road by Albertson's. Discussion on lighting the Eagle sculpture at this comer. Staff to investigate this. Discussion 2nd Street improvements. Pathway extension is moving along. Hold up is surveying and engineering costs. Easements are almost in place. 9. EXECUTIVE SESSION: No executive session. A. Pending or Threatened Litigation I.C. ~ 67-2345(f) 10. AD,[OURNMENT: Merrill moves to adjourn. Seconded by Bastian. ALL AYE: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 11.39 p.m. Respectfully submitted: K. MOORE CITY CLERK/TREASURER APPROVED: EAGLE CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Subject: RZ-17-00 — Rezone from AR to M -U — Lloyd Campbell June 26, 2001 7:30 P.M. NAME PLEASE PRINT LEGIBLY ADDRESS TELEPHONE PRO? CON? Page l of 1 _ Document3 INN.-4'01(TUE) 14:51 MOORE SMITH BUXTON 3 TEL:208 331 1202 et- 40-:,.Z&'-erl P. 001 MOORE Ski i n BUXTON & TURCKE, CHARTERED ATTORIMVS AT LAW RECEIVED &1FILED CITY OF EAGLE NINTH & IDAHO Coma. SUM 420 225 NORTH 9rw STREET, BOISE, IA 83702 TE Horrrs (m8) 331-1800 F*x: (201)331-1202 FACSIMILE COVER SHEET JUN 2 6 2001 File' Route to DATE: June 26, 2001 Recipient's Fax: 939-6827 TO: Sharon Moore Client: City of Eagle 1019-7 RE: y of Eagle - Arbor Ridge FROM: Susan E. Buxton/Becky Ihli NUMBER OF PAGES INCLUDING THIS COVER SHEET: ADDITIONAL COMMENTS: aa X Original will not be sent Original will be sent by first class mail Original will be sent by federal express •****•***********••*IMPORTANTMESSAGE**•4*•*********•*** um INFORMATION CONTAINED IN THIS FACSMU E MESSAGE IS ATTORNEY PRIVITY -GED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE U. OF THE 18D1VIDUAL NAMED ABOVE. IF TIES BEAD OV TH S MESSAGE 18 NOT T118 RB r, 01 THE FMPL0Y 01 AC 01 THE EMPLOYEE Olt AnDITT RESPONSIBLE TODELIVER ITTOM ),,w:.,ii,YOU ARE HERESY kv,., TEAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF TILS COMMINICATION IS ST*ICTLY PRORMITT D. IF YOU RAVE =FETE'.r rd THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NO'T'IFY US BY TELEPHONE, AND RETURN THE ORIGINAL. MESSAGE TO US AT TEE ABOVE ADDRESS VIA TOE U.S. POSTAL SERVICE. THANK YOtJ. JUN. -26'01 (TUE) 14:51 MOORE SMITH BUXTON TEL:208 331 1202 P. 002 MOORE Shim. r BUXTON 8x TURCKE, CHARTERED ATYoitNEVS AND COUNSELORS AT LAW 225 Nowni 9131 STREET, surra 420 Bats, ID 83702 TIELEMOr (208) 331-I000 FAX (08) 331-1202 D.►vm R Sum sys.eiE Mann Mari J. �w:�r►'t Of Counsel str D. M*LLrr )o moDuz. C Moons+ - Also admitted in Orem Mice t Stria i Also admitted is Washington Pwvt.A. TintaCE. Also admWsd in Sosl4 Dakota tuna A. Maw' • A/so admined in New Adm June 26, 2001 4 FACSIMILE TO 338-3290 & U.S. MAIL Fredric V. Shoemaker Eric R. Sloan Cosho, Humphrey, Greener & Welsh, PA. 815 W. Washington Street Boise, Idaho 83702 RE: Findings of Fact and Conclusions of Law for Arbor Ridge - PP -10-00 - City of Eagle Dear Fred and Eric: We are in receipt of your letter dated June 18, 2001. The Eagle Zoning Administrator, the City Engineer and I have reviewed your concerns. As you know, the City Council makes the on regarding preliminary plat approvals. This letter includes our recommendations to the Council to resolve the matters raised by you on behalf of your clients. As the City does not have an ordinance allowing for reconsideration, we are constrained by the ruling in Arthur v. Shoshone County, 133 Idaho 854 (Ct. App. 2000) and the information presented at the public hearings and in the public record for this application, in reviewing your requests. Site Specific Condition 7 - It is our opinion that the clarification requested for this condition is unnecessary as Eagle City Code (ECC) 9-4-1-9(C) already provides the waiver remedy sought by your Clients. Site Specific Condition 11 - We do not recommend that the language be modified as your proposed language appears to diminish the Design Review Board's discretion. The condition, as presented by the City, properly charges the Design Review Board with review of the amenities the developer proposes pursuant to ECC. Site Specific Condition 19 - We disagree that there is a conflict between Standard Condition 1 and Site Specific Condition 19 as the latter is more specific. The developer's representative agreed with this condition at the public hearing and such change would be material •JUN. -26' O1(TUE) 14:52 MOORE SMITH BUXTON Arbor Ridge Findings June 26, 2001 Page 2 TEL:208 331 1202 P. 003 requiring at least another public hearing and possibly an amended application. The City received public comment regarding all aspects of track impacts from this application. Accordingly, acceptance of the language you proposed would require providing the public with an additional opportunity to comment. Site Specific Condition 20 - Development of a traffic plan that would place construction traffic in the adjacent residential area would require at least a new public hearing. The City Council received significant testimony regarding routing construction traffic away from existing residences. Further, representatives of the developer verbally agreed to this condition, on the public record, and stated they had negotiated such traffic rerouting with the Evans Subdivision Homeowner's Association. The fact that the gravel operation and the Arbor Ridge development have owners in common causes concern that the information presented to the City Council by the developer now has changed. The City held three public hearings before the City Council in order to address these and other issues. To now come back after the approval has been granted is troublesome. Site Specific Condition 21 - As you acknowledge, the area where the sidewalk is to be placed is already set aside for public use. Accordingly, the eminent domain concerns raised by Johnston v. Boise City, are inapplicable in this instance. Further, the developer's representatives stated at the public hearing that after negotiating with the Evans Subdivision Homeowner's Association, an agreement had been reached_ A document reflecting agreement between the homeowner's association and the developer was presented to the City as part of the public record. As the City bas no provision for reconsideration, a change this significant would require at least another public hearing and possibly an amended application. Site Specific Condition 22 - The striping required was the result of an agreement between the developer and the homeowner's association as presented to the City Council at the public hearings. (S. ge response to SSC 21 above). Further, we do not believe the liability, if any, would be any different than for an attached sidewallc or any other development in the right-of-way of a public street. Site Specific Condition 23 - We not recommend modification of this condition. Site Specific Condition 24 - We do not recommend modification of this condition. Site SDecltc Condition 25 - As acknowledged in your June 18, 2001, letter, P&O and Prime Earth have owners in common. The ongoing operation of the Prime Earth gravel operation simultaneously with development of Arbor Ridge creates health and safety concerns for the City. There exists an identifiable nexus between the two uses of the property by the two related entities. Accordingly, we dispute the applicability of Sanchez v. City of Caldwell in this instance, and recommend the condition not be modified. -JUN. -26' 01(TUE) 14:52 MOORE SMITH BUXTON Arbor Ridge Findings June 26, 2001 Page 3 TEL:208 331 1202 P. 004 Site Specific Condition 28 - We recommend to clarify this condition with the language proposed in your June 18, 2001, tetter. Thank you for taking the time to send your proposal. If you have any questions or comments please do not hesitate to contact me. Sincerely, MOORE SMITH BUXTON & TU.RCKE, Susan E. Buxton SEB/bi Cc: Mayor and City Council Bill Vaughan, planning & Zoning Administrator Vern Brewer, Holladay Engineering Replacement Dead Tree Comparison for the City of Eagle Troutmans proposal: Jaykers Eagle road: 2 Norwegian Maple 2.5 -$400.00 Each ... $220.00- 4" Library : 3 Autumn Blaze 2.5... $400.00 ea (3 1/2) Parkway green $260.00 Campbell property: Remove and replace dead tree with tree from City Hall Nursery ..Same .. Removal and planting $100.00 Skidsteer-2 hours $65.00 hr. (same) Total $2100.00 Total $1320.00 Skidster per hr. $65.00 skidster per hr. $65.00 Using 3-4 inch caliper compared to 2-2/1 in caliper as per city code Savings to city $780.00 Note: I don't know if this price from Troutmans includes the removal and replacement costs in the total tree cost of if the skidster price per hour is on top of this bid. Nancy Merrill Eagle City Council