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Minutes - 2013 - City Council - 04/09/2013 - Regular EAGLE CITY COUNCIL Minutes April 9,2013 PRE-COUNCIL AGENDA: 5:30 p.m.-6:30 p.m. 1. Presentation on the Eastern Treasure Valley Electric Plan(ETVEP)—Idaho Power Company, Blake Watson. Jarrod Hansen, Jurisdiction Planner, displays a power point presentation and discusses the same. General discussion. Blake Watson continues with the power point presentation and discusses the implementation plan. General discussion. 2. Update on Eagle and Plaza Intersection Craig Herndon ACRD. Sabrina Anderson, ACHD, displays power point map of the Study Area and discusses the project. General discussion. 3. Mayor and Council Reports: 4. Butler: the Library Board meeting was cancelled. Defayette reports on the Scenic Byway meeting. April 14, 2013 the new signs will be in place. General discussion on the Welcome Eagle sign and the Scenic Byway sign on Highway 55. Pierce reports on the Senior Center Board meeting. They are opening a couple extra days a week for games and activities. Mayor reports on the MYAC meeting. The MYAC presented the YMCA a check for$1,000.00. Mayor reports on EEZ Street project. Reports on the Eagle Motor Sports complex. We are planning on meeting with the Department of Commerce. 4. City Hall Department Supervisor Reports: Park&Rec Director Aho: Reports on the March 29th native plant planting that was done at the Sports Complex which was done by volunteer labor. Discusses the Chamber of Commerce's Easter Egg Hunt. Reports on the dirt moving on the bike trails which is being done by volunteer labor. We are working with the Historic Commission to place a rooster in Merrill Park. General discussion. Discussion on Veteran's Trail. Zoning Administrator Vaughan: None City Clerk Bergmann: None 5. City Attorney Report: None INVOCATION: REGULAR COUNCIL AGENDA: 6:30 p.m. 1. CALL TO ORDER: Mayor Reynolds calls the meeting to order at 6:40 p.m. 2. ROLL CALL: GRASSER,DEFAYETTE,BUTLER, PIERCE. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Mayor Reynolds leads the Pledge of Allegiance. Page I K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-04-09-13min.doc 4. PUBLIC COMMENT: Patricir Minkiewicz, discusses the previous Council meeting and the process of selecting a new Council Member. Questions and answers between Patricia and new Council Member Pierce. Jay Friday, Discusses the process of selecting a new Council Member and discusses prior Councils. Questions and answers with new Council Member Pierce. Foad Roghani, displays a for the Idaho Performing Arts performance and discusses the same. Butler moves to amend the Agenda by adding under New Business as item #8C discussion and assignment of liaison positions since we have a new Council Member. Seconded by Defayette. ALL AYES: MOTION CARRIES 5. CONSENT AGENDA: • Consent Agenda items are considered to be routine and are acted on with one motion. There will be no separate discussion on these items unless the Mayor, a Councilmember, member of City Staff, or a citizen requests an item to be removed from the Consent Agenda for discussion. Items removed from the Consent Agenda will be placed on the Regular Agenda in a sequence determined by the City Council. ♦ 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 March 26,2013. C. Memorandum of Understanding Agreement between the City of Eagle and The Idaho Council of Governments: (JDR) D. Resolution 13-08: Fair Housing Resolution declaring April Fair Housing month in Eagle, Idaho. (SKB) E. Noise Waiver Request: Hailey Head is requesting a noise waiver for is requesting a noise waiver to be utilized June 29, 2013, extending the time until 11:00 p.m. at Wood River Cellars to accommodate her wedding reception. (SKB) F. Noise Waiver Request: The senior class of Capital High School is requesting a noise waiver to be utilized on May 4, 2013, extending the time until 11:00 p.m. at Wood Rivers Cellars to accommodate their Senior Prom. (SKB) G. Parks and Pathways Commission Re-Appointment: Mayor Reynolds is requesting the re-appointment of Don Stockton to the Commission. Mr. Stockton will be serving a three(3)year term that will expire in April 2016. (JDR) H. Parks and Pathways Commission Appointment: Mayor Reynolds is requesting the appointment of Dan Friend to the Commission. Mr. Friend will be serving a three (3)year term that will expire in April 2016. (JDR) I. Approval of lease agreement between Eagle Tropical Sno (owned by Debbie Small)and City of Eagle for vendor space at Heritage Park. Ms. Small will be operating a sno cone shack at the park(MA) J. Approval of lease agreement between Kona Ice Treasure Valley,(owned by Calleen Harris-Site,Paul Site and Carla Harris) and City of Eagle for vendor space at Ada-Eagle Sports Complex. Ms. Harris-Site, Mr. Site and Ms. Harris will be operating a mobile shaved ice truck at the park. (MA) Page 2 K:\COUNCIL\MI'UTES\Temporary Minutes Work Area\CC-04-09-13min.doc Grasser moves to approve the Consent Agenda,Items#A through#J. Seconded by Defayette. Grasser: AYE; Defayette: AYE; Butler: AYE: Pierce: AYE; ALL AYES: MOTION CARRIES 6. UNFINISHED BUSINESS: NONE 7. PUBLIC HEARINGS: A. RZ-11-08 MOD and PP-05-12 - Revnard Subdivision - Foxtail Partners, LLC.: Foxtail Partners, LLC, is requesting a development agreement modification and preliminary plat approval for Reynard Subdivision a 241-lot (206 buildable, 2 commercial, and 33 common) subdivision. The 80.02-acre site is generally located on the north side of West Chinden Boulevard (Highway 20-26) approximately 340-feet west of the intersection of North Fox Run Avenue and West Chinden Boulevard (Highway 20-26) at 990 West Chinden Boulevard (Highway 20-26)(WEV) Mayor introduces the issue. Mayor: Does anyone on Council have any exparte contact to declare? None Mayor: Does anyone on Council have any potential or actual conflict of interest?None (Problems with the computer and the presentation. Council moves to Item#8A.) Mark Tate, M3 Companies: Welcomes Council Member Pierce. I'm here tonight to talk about the Foxtail project. Displays a power point presentation discusses the same and provides Council some history of the project. Mark displays a letter that he handed out to the Council which provides history of the development, discusses the neighborhood meetings, meetings and conversations with the neighbors. General discussion. Ms Joann Butler: I will discuss some of the modifications to the Development Agreement and I will address issues that have been raised by your City Attorney. This afternoon you're City Attorney and I received a letter from Holland & Hart which I will discuss and which your City Attorney has provided you tonight. General discussion. Mayor opens the Public Hearing Don Knickrehm, 1403 Mace Road, representing Mr. Wilson and his companies who own the 5 acre parcel. Discusses the 10' berm. Planner Williams: What is before you tonight is a preliminary plat, development agreement modification, and 2-3 issues that have been discussed in great detail. The Planning and Zoning Commission has recommended unanimously approval of this with the Conditions of Development and the Site Specific Conditions and Standard Conditions of Approval that are placed on the plat. Planner Williams provides the Council an overview of the applications General discussion. Mayor calls a recess at 8:50 p.m. Mayor reconvenes at 9:00 p.m. Dana Borgquist, 675 Pickford, Meridian, I am going to testify as a resident of Meridian not the Chief of Police for Eagle. I live in Paramount Subdivision which is right across the street from this development and I am in favor of this subdivision. I would have also been in favor of commercial development if that would have happened. I think everyone in involved have bent over backwards to make this a good development. Page 3 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-04-09-I3min.doc Dave Szplett, Development Services Manager for ACRD, I have no objection to this project. The Current plan meets IT Policies. Discusses the accesses. I mostly came to respond to your questions and concerns. General discussion. Brian Schuaden, 6620 N. Fox Run Avenue, Meridian, I would like to address the berm and the access. Displays some pictures in reference to the berm. Discussion on the berm. General discussion. Shawn Kirkmon, 6452 N. Fox Run Avenue, Meridian,this plan affects me the most as 5,000 cars would be going by my house everyday. They are going to access our light. Dallas Hansen, 645 W. Sly Fox St., Meridian, the biggest problem is access to Chinden by the development. Discusses the access. Kathryn Geoyer, Holland & Hart, we represent the Homeowners. I think Council has our letter submitted last week and the letter we faxed to the City Attorney today which Council has. Discusses the berm. Jay Friday, 1528 N. Sunup Way, discusses his background, discusses the new lots in Castlebury, discuss the zoning in the area and small houses being put next to large houses. General discussion. Jeffrey Smith, 6621 N. Fox Run Avenue, my name is in some of the documents referenced here tonight. Discusses the 5 acre lot. We would like the berm going up Chinden. Mr. Wilson agreed to the berm. I oppose the access not the development. Access to the light makes senses. Discussion on the access. Cindy Moore, 6673 N. Fox Run Avenue, Meridian, my points have all been covered. I still want the berm behind my property. Ryan Moore, 6673 N. Fox Run Avenue, Meridian, our Homeowners Association has worked with Mark Tate and we thought we had an agreement. I went to ACHD to talk about access and we had an agreement. All we are asking for is that the berm be in the document. Bill Brownlee, M3 representing the Foxtail applicants, displays a proposed site plan. Discusses the berm issue, access,traffic, and the neighborhood meetings. Mayor closes the Public Hearing General Council discussion. Mark moves to approve RZ-11-08 MOD and PP-05-12 with the following conditions amended in the Development Agreement: 3.1 under Uses, we add as a permitted use restaurant with drive-thru; 3.17 under the Berm; the condition for the berm be modified so that the berm is to be installed on the park land shown as Block 3 on the Plat that is submitted with this application and the berm shall be adjacent to the two lots in the subdivision called Fox Tail that are north of the 5 acre piece of property; that item 3.3.3 be added to the Development Agreement that clarifies that the 5 acre parcel shall have a density of 1 unit per acre with the language as recommended in the document submitted by Joann Butler with the long footer ending in restated da3.28.13.docx-2; and that a condition is added to the Preliminary Plat which states "a stub street shall be required for future connection to Fox Run Avenue if approved by ACRD and ITD and concept plan for this roadway connection shall be provided to the City Council for their review and ultimate approval or denial by the next regular meeting on April 23,2013". Seconded by Defayette. Discussion. Grasser: NAY; Defayette: AYE; Butler: AYE; Pierce: AYE: MOTION CARRIES Page 4 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-04-09-I3min.doc Mayor calls a recess at 10:50 p.m. Mayor reconvenes at 11:05 p.m. 8. NEW BUSINESS: A. IFYWP 2014—2018—Integrated Five-Year Work Plan: ACHD staff will discuss the preparation of an updated list regarding the prioritization of transportation project within the City of Eagle. (WEV) Mayor introduces the issue. Zoning Administrator Vaughn provides Council an overview of the Integrated Five-Year Work Plan. General Discussion. Butler moves to approve the Five-Year Work Plan as presented. Seconded by Pierce. ALL AYES: MOTION CARRIES B. Discussion of moving development agreement extensions of time to staff level: (MD) Mayor introduces the issue. General discussion. B. Discussion and assignment of liaison positions. Mayor introduces the issue. General discussion on liaison positions for the Council Members. The Clerk will make the necessary changes Council has decided on email the list of the new liaison positions to the Council. 9. EXECUTIVE SESSION: Pending& Threatened Litigation 67-2345 (f) (MLB) 67-2345. Executive sessions-- When authorized. (1)An executive session at which members of the public are excluded may be held, but only for the purposes and only in the manner set forth in this section. The motion to go into executive session shall identify the specific subsections of this section that authorize the executive session. There shall be a roll call vote on the motion and the vote shall be recorded in the minutes. An executive session shall be authorized by a two-thirds(2/3)vote of the governing body. An executive session may be held: (f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. The mere presence of legal counsel at an executive session does not satisfy this requirement; Mayor Reynolds introduces the issue. City Attorney Buxton: Pursuant to I.C.67-2345(0 for pending litigation or controversy not yet litigated but likely to be litigated with regard to the coffee roasting situation at Rembrandts. So moved by Butler. Seconded by Pierce. Grasser: AYE; Defayette: AYE; Butler: AYE: Pierce: AYE; ALL AYES: MOTION CARRIES Council goes into Executive Session at 11:15 p.m. Council discusses the coffee roasting situation at Rembrandts. Council leaves Executive Session at 11:25 p.m. Page 5 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-04-09-I3min.doc Grasser moves to instruct the City Attorney to issue a Show Cause to Rembrandt's owner with regard to the noxious odor coming out of the smoke stack and that they come back to the next council meeting and Show Cause and they have 30 days to remedy the problem. Seconded by Butler. ALL AYES: MOTION CARRIES 10. ADJOURNMENT: Grasser moves to adjourn. Seconded by Butler. ALL AYES: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 11:30 p.m. Respectfully submitted: o,,,\:.......,, .J1- )\G- Imo" \ Oar ,:.% `!\l's,^'v r u ao w min*',�r. SHARON K. BERGMANN t'• CITY CLERK/TREASURER ry * : •" • * . z •f i; s » ' l'ROVED: ' f /te.i ..,i4«.:• ,_ FAMES D. RE 0 ii S MAYOR AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL UPON REQUEST. Page 6 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-04-09-13min doc i EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP RZ-11-08 MOD and PP -05-12 - Revnard Subdivision - Foxtail Partners, LLC April 9, 2013 NAME TD �t v1+5 + it) Sr S i�ZJ ADDRESS C/1//✓vch/ C 6-1 a 1 til /— - u, L/C I-) Siif f , k S t / \';i O. I /, fv,se Fel r _TO D . . -}-L 6 P u }c l� erRGC�e t,� Sr c_ nloN 11710 &Le. CCG ( N ..,i ,1)1e,zpi.?J 675 'tc 1 /vla4Dl VO4 2 �3)'v� TESTIFY PRO/ CON or YES/NO NEUTRAL `/c - 7. y J1/ April 9, 2013 Via E -Mail Eagle City Council c/o Mike Williams City of Eagle Planning & Zoning Department 660 E. Civic Lane Eagle, ID 83616 RE: Foxtail Partners/Reynard Subdivision & Foxtail Subdivision Homeowner Discussions Dear Council Members: Foxtail Partners, LLC is the contract purchaser of the property commonly known as the Foxtail Golf Course property and the applicant in connection with Reynard Subdivision. The following is a summary of the interactions and discussions that have taken place between our initial neighborhood meeting on August 8th, 2012 and April 9th, the date of the Reynard Subdivision City Council meeting. The summary focuses primarily on the period between the Planning & Zoning meeting and the City Council meeting. The purpose is to provide the Council with a chronological account of various communications and a context of how we have arrived where we are. We realize that the Council cannot delegate its authority to review subdivision plats to neighbors of the applicant's property, but also know that the Council appreciates an applicant's attempt to work with its neighbors to reach common ground where possible. Foxtail Partners, and me personally, have worked with our neighbors. On August 8h, we held a neighborhood meeting at Eagle City Hall, which was well attended by people from within the area, to show the neighbors a conceptual site plan that included mixed use and residential uses on the Foxtail Golf Course property (all of which is zoned for mixed use). As part of the mixed use area along Chinden Blvd, we proposed to have 200 units of multi -family, which is an allowed use in the mixed use zone and a portion of the 5 acres which is not a part of this Reynard Subdivision. This proposal also included a primary access to Reynard Subdivision from the light at Chinden Boulevard and Fox Run Drive. The four main requests that were made were to 1) not take access from Fox Run Drive 2) move the main access further west 3) move the commercial further from their neighborhood„ and 4) to eliminate the multi -family. Unfortunately, the most notable thing about the meeting was not the feedback we received (which we addressed in our subsequent submittal), but the tone of the meeting. From the very beginning certain attendees were accusatory and threatening. While we tried to make clear that we were there to elicit their feedback so we could adjust our site plan, the more vocal neighbors were not interested in a productive dialog. On November 15th, approximately three months after our neighborhood meeting, we submitted our preliminary plat, addressing the major issues from the neighborhood meeting. This plat addressed all four of their concerns by 1) eliminating all multi -family entirely 2) reduced the commercial area to 1.74 acres and 3) removed the 5 acre Fox Run parcel from the plat and 4) eliminated all access to Fox Run Drive. After the application was reviewed by lTD and ACRD, lTD recommended a stub street, and ACHD required that a stub street, be extended to provide future access to the 5 acre parcel located between our preliminary plat and Fox Run Drive. On February 11th, we submitted a revised preliminary plat that included the required stub street. C �/�/� -/ 3 4/10/2013 • What Every Voter Needs To Know About The Eagle City Hall Bond Election Presented by Jell- Lune.. Chairman & Treasurer Cmnnuttec In Pas or o1 Fagle CCs l all OW nership Apr.I 10. 2013 Eagle City Hall Bond Election Details The Eagle City Hall bond election is Tuesday, May 21, 2013 Polls open at 8:OOAM, close at 8.00PM. Precinct Name Address City 1401 Star EMS Building 8820 W State St 11x, 1402 Eagle Muddle School 10x101 W Fl000ng Feather Fid 1403 Eagle Lulled Methtdlst 1 ho,. h 415 5 E:agk HC 1.0.5 51, Library 1f17;4, W State St I 1106 E,µila !lig!. 5111oo1 571 V Park 1.11 1.107 E'xglt. Elementary S, I,o ll 475 5 Eagle 120 1.108 Eagle India Elementary 5. hoot 650 F Nan. h Dr 140•, Seven Oaks Elementary S, haul 1441 5 Sevenoaks WF 1411. I Eagle Pubhc Ltbrars 1015 Sussman Wy 1411 I Ewglr Cm Hall 0401. 1113 1 Paramount Elementary S, pool 5501,4 Pru111.11 Or 1115 hall. ny Go11 Course 2616 5 Mar�vust P1 1116 Eagle Fue StatIon • 1 1.3.1. Iron Eagle Dr 1503 8011tng Hells Public ( barter 5.11...1 1.140115 Horseshoe Bend 12,1 1'104 0110des Hills Elementary "4.1'..,1 14301 A Sloan St Eagle Eagle Nati Eagle Eagle. E agle axle ogle E agle Met chart P oglr Eagle 1401, 1 Voter Pe" ea rJur•uea Lam MIM l.1 lin,, 11)0 .. ‘17.”.111.• , .... ",. 1,11 .a, .,.d m:ol ..oar,• ,eale ,ale1.411,11 Mb. 1' 1.41 r..t•"n Mir _. t. Mill.,,,,,, 1.11.1 To lird where you ,.we 4571 . . or ru11!he Atlas Courcy F,ie.tron., Illi,.- a 287 NW, . The ballot proposition asks, "Shall the City of Eagle be malionzecl to incur an indebtedness and issue and sell its general obligation bonds f .1 to pay the cost of acquisition of City Hall, J ..f all as more fully provided in Ordinance No, 692, adopted on February 26, 2013P• • Two-thirds of voters must vote "in favor" for the proposed bonds to be issued and sold • The ballot proposition authorizes city officials to levy a property tax increase. if necessary. to repay the proposed bonds, othenuise, investors would not buy the bonds. However, city officials do not need to increase property taxes because the money currently spent 011 lease payments could instead be used to make the lower bond payments to buy the budding. 1 What Is The Final Purchase Price? How Will The Acquisition Be Financed? ► The final purchase price for Eagle City Hall is $1,899,999, which is $515,688 (21.3%) less than the contractual purchase price of $2,415,687. ► If the bond election is successful, the City of Eagle will use the net bond proceeds and $825,925 in cash to purchase Eagle City Hall and pay related expenses. ► Summary bond information: interest rate 2.0% per annum ("Anticipated")` Bond principal $1,200,000 Bond interest $194,932 Total bond amount $1,394,932 Annual bond payment -$93,000* Bond duration < 15 years The range of anticipated interest nates is from 1.0% to 4.0"!, per annum. 'Biannual bond payments on March 15th and September 15th. The City has existing indebtedness payable from a library bond levy, of approximately $1,124,875, including interest accrued to the date of election. 3 What Are The Land 86 Building Lease Terms? Although the City of Eagle owns the land underneath Eagle City Hall, the land is currently leased to the building's lessor, Hawkins -Smith, for a maximum 50 -year term. The lease rate is $1,000 per year for the next 13 years, and $12,000 per year thereafter. ' The City occupies the 13,005 -square foot Eagle City Hall on a year-to-year 'hybrid' lease, meaning the City pays all taxes, insurance, utilities and maintenance costs in addition to the building's lease payments. The contractual lease rate is fixed fora maximum 50 -year term at $18.50 per square foot, or $240,592 per year. The lease may be renewed each fiscal year pending a budget appropriation. For the current fiscal year, a lower lease rate of $10.95 per square foot, or $142,405 per year, is in effect. At the start of the next fiscal year, the lease rate reverts to the contractual lease rate. ► If the City buys the building, both the land and building leases terminate. ► The level of property taxes currently being collected fully covers the building's lease payments, whether at the contractual or lower lease rate. 4 4/10/2013 2 What Does Ownership Of Eagle City Hall Mean? Ownership Of Eagle City Hall Means: • Less Cost Than Leasing • No Property Tax Increase • Greater Benefits For Eagle's Future Ownership Means Less Cost Than Leasing The total cast to own versus lease, operate and maintain Eagle City Hall includes these elements (All monetary figures cited below are annual c sts.1 , <her the nest 15 fiscal vrars. the building lease ra7;\, will not always fir 0240 592 per year Fur the current fiscal veal the lower lei rate of S142.405 per year is in effect And if the bond election is unsu<cesslul Total (cat elements ,t officials soil seek and the Irswr could grant Bond eleruon costs further leave concrssmns The bmldung Iraex rate oe I,I Ind leas, pwmens rec, .vrd from lesser 5214 409 per year is a utulhrrtf average of lour fiscal ',ars at the lower leas rate followed In eleven fiscal ))) Building kaae psctnents pnidto lessor \ears at the t ontracntal ]rates rete Imtia] acqu¢ition costs lin> luting cash darn pnownti 1 Net annual savings idennted Is Councilman Grasser 1 Bund pnnrtpd and interest pivments [r•:1,.,:>,wIS i ax fMn Nagle Cu, Hall Figlr Cin Hall 001 $333) .$2 4671 5246'1 5214.4091 S01 SO 550,2131 50 553.0001 FLIT lease pemment om building $?40,592 IOperaung cwsts fe g. utdrursi and maintenance crisis 574 1411 574.1411 Insurance costa 53.034 )(Insurance cams 53034) $1,3171 1Propertt taxes $16,604(- )(property taxes 516.604) 501 'Total costs that would go asa1 alter purchase S21>0,2301 'Income traducedle.g., i onlrrencr MOM rentals) -582i1 -58271 'Assume 15 i ear b>nds<rnanu /liniment $91,0001 Land and/or lidding salvag, values 52h,18( 5114,8471 'Net annual 3111411f• $167.2301 'TSI 5278,71 1 810 5,79 81 17/ the upper left table, the three elements in gray shading - lease payments, insurance costs and property tuxes - are the (current costs" identified by Col,ncelrnan Grasser's net annual savings analysts that would be eliminated through ownership The net (171,1110/ savings equal .$167,230. Lease payments terminate when the City owns the building Ownership reduces insurance costs via Idaho Counties' Risk Management Program (ICRMP) The City pays no property taxes on land and buildings that it owns The upper nght table shows all cost elements. The last four cost elements - insurance costs, property taxes, income produced and land/building salvage values (or "the estimated value an asset will realize upon its sale at the end of its useful Life" [Investopedia coml) are zero or offset the total cost of ownership 4/10/2013 3 Ownership Means Less Cost Than Leasing (2) Annual ( ost of (juntng ss 1 eastng ogle ( its 11.11 Inca 1 'est of Owning ss 1 eastog Eagle (.IIAIlII (including operating and staIntenanct resist knelt/ding operating and U1/4[11411211114V Omit) —1044 144.1e • in IN 'co :1,Jsme COI .eat—assr The graphs show the annual and total costs of owning versus leasing, operating and maintaining Eagle Crty Hall over the next 15 years, including all previously -defined elements. The total cost of leasing (at the contractual lease rate of $18 50 per square foot), operating and maintaining Eagle City Hall is $278,714 per ear, or $4,180,717 over the next 15 years, If the City buys Eagle City I lall for $1,899,999 (and issues $1.2 million in bonds at an interest rate of 2 0% per annum), the total cost of owning, operating and maintaining the building is $105,798 per year. or $1,586,889 over the next 15 years. When total costs are accounted for. the City and taxpayers could realize savings of $172,916 (62.0°0 per year, or approximately $2,593,828 over the next 15 years, by owning versus leasing the building. This analysis shows the total cost savings are $5,686 (3 4%) higher per year, or $85,290 higher over the next 15 years, than the net savings identified by Councilman Grasser Ownership Means Less Cost Per Household Cost per Household to Own vs. Lease Eagle City Hall (including operating and maintenance costs) L Annual cost per household (for 15 years) $32.79 ke Monthly cost per household (kir 180 months) $2.73 $12.45 $1.04 I case Eagle City Hall at contractual (case rate Bu) Eagle Ilall for S1.899.999 (and issue (of $18 50 per square foot) $1 2 million in bonds at interest rate o12.0% per annum) The chart shows the annual and monthly costs per household to own versus lease, operate and maintain Eagle City Hall (There are -8.500 households in Eagle. The per -year and per -month figures cited below are for 15 years and 180 months, respectively ) The cost per household to lease (at the contractual lease rate of $18 50 per square foot), operate and maintain Eagle City Hall is $32.79 per year, or $2.73 per month. The cost per household to own (by buying the building for $1,899.999 and issuing $1 2 million in bonds at an interest rate of 2 0% per annum). operate and maintain Eagle City Hall is $12.45 per year. or SI .04 per month. When total costs are accounted for. each household could realize savings of $20.34 (62 00o) per year, or $1.69 per month, by owning versus leasing Eagle City Hall. 4/10/2013 4 Ownership Means Reduced City Costs The ballot proposition pledges a property tax levy to pay the bonds. ► AnnuaIly, the City Council can opt to pay the bond payments from the City budget and avoid separate levies for the bond payments. Current property taxes fully cover the full Iease payments and related costs. ► If city officials opt to pay the bond payments out of the annual budget, ► Building -related expenses reduce by $167,230 per year. ► If all other City budget items remain the same as FY 12/ 13 budget, the net effect potentially justifies a property tax reduction. > A majority of City Council members have stated that they favor using City budget monies to make annual bond payments, not by increasing property taxes. 9 CITY OF EAGLE GENERAL OBLIGATION BOND ELECTION MAY 21, 2013 PrtacIpal amount a *1,100,000.00 Anticipated Interest Rate at 2.0% pa annum • *194,932.00 Total amount to be repaid of the 15 year Bfe of the Bond - *1,394,932.00 Estimated Annual Payment on the Bond • *93,000.00 •Pebraq 18, 2013 Taxable Market Value (approximate) • *1,953,946,190 •Annual Levy Rate for PY 13/14 (approximate) • 0.000048 TAXABLE VALUE 0f RESIDENCE 580.000 590.000 895.000 8100.000 8125.000 5150;000 5175.000 5200,000 5225.000 8250.000 5300.000 5325.000 8350.000 $375.000 5400.000 $500,000 TY 13/14 ANNUAL PAYMENT LEVY RATE 0.000048 83.84 84.32 84.56 $4.80 86.00 57.20 88.40 89.60 S10.80 812.00 814.40 815.60 S16.80 518.00 519.20 824.00 IT 13/14 M ONTmLY PAYMENT LEVY RATE 0.000048 50.32 50.36 80.38 50.40 $0.50 50.60 80.70 so.ao 80.90 51.00 51.20 81.30 81.40 51.50 51.60 52.00 •The Aoaoal Lee, win adjust when the Taxable Market Values change Options for net annual savings ► Ultimately, city officials will decide what could be done with the net annual savings from buying Eagle City Hall. For example, city officials could decide to: ► Reduce our property taxes. Each household could realize a property tax reduction of over $20 per year. Pay off the bonds early. Doing so would minimize the interest we pay on the bonds. ► Fund high-priority city projects, such as infrastructure development and maintenance. ► Some combination thereof 10 4/10/2013 5 Ownership Means Greater Benefits For Eagle's Future Oxnership of Eagle Ca Hall provides significant savings to the City of Eagle and taxpayers In 15 years or less, the bond payments will cease and we will own our Eagle City Hall, which further reduces our property tax burden. These are just a few examples of the greater benefits that ownership provides for our City's future Conclusions Ownership of Eagle City Hall means less cost than leasing. no property tax increase and greater benefits for Eagle's future For more information, please visit 'rhe City of Eagle's website at ntt++.cttynh•aglt• ote;, or The Committee in Favor of Eagle City Hall Ownership's website at '.•',ta (m lt't:ler u,hall to nl 12 4/10/2013 6 I� 1 ti,:NA• .I Luis I, 5 1 n-- L. tnl 5.4 Ac. GM M 1 ill Trn II 7TT1" I' a: �1 • rr'—'��I--__rte, 1 - �- -T- or At in 9.1 Ac. HDR 175 Units 1.0 Ac. Q5 I. o,....- I'1 At / �,'•.� _i I T - 1.5 Ac Lc: ,z 1:oxtail Conceptual Lotting Plan l • l,c. tAln L•'' • 2 37,(rI0 of Luls 14 1/2 Ac. Lols 20 1/3 Ac Lnlp .tis. 7(7 • 130' tol, 53: 00' • 12(710--• 14'!• 7o'..i 5FD Ur.rts 175- 117)11 Und; 324. T 01.11Unis c c `7-`r —/i i t'' i•1!••, i 9S Gross Act, 70 Acres I( '1 .11'- 15 r. Ac O5 1511 Pcrrs Prrnulcd Oucl. Sp•Ice (20%) 2,?70 If MedL•n Local 7,1'10 ' ^e•,1•Icr. b: I SVerls e L:1 May n, 2012 F17 tr. r ( S61. 200 k W!.J..l. 4115751 080 000 000. 505E 1- • zr, WHEREAS, Foxtail has submitted to Eagle a Development Site Plan in connection with Foxtail's applications to modify the Original Development Agreement and for preliminary plat approval (Eagle City File Nos. RZ-11-08MOD and PP -05-12) (collectively, the "Applications'). The Development Site Plan is attached hereto as Exhibit C and made a part hereof; and WHEREAS, Eagle's City Council has, after public hearings and deliberations, determined that the Applications and this Agreement are in the best interest of Eagle as they allow the Property to be developed in the future in a manner that is in harmony with the existing community. NOW, THEREFORE, Foxtail, ,Nilson and Eagle desire to enter into this Agreement, and for and in consideration of the mutual covenants contained herein, it is agreed as follows: ARTICLE I LEGAL AUTHORITY This Agreement is made pursuant to and in accordance with the provisions of Idaho Code 67- 6511A and Eagle City Code, Title 8, Chapter 10. An affidavit of Foxtail agreeing to submit the Property to this Agreement and to the provisions set forth in Idaho Code Section 67-6511A and Eagle City Code Section 8-10-1 is on file with Eagle and is incorporated herein by reference. ARTICLE 11 CONDITIONS ON DEVELOPMENT 2.1. Golf course operations may continue on the Property, or such portions of the Property, until Foxtail or Wilson elects to abandon such operations. Foxtail and—Wilson will develop the Foxtail Property and Wilson will develop the Wilson Prooertv subject to the conditions and limitations set forth in this Development Agreement. Further, Foxtail and Wilson, as applicable will submit such applications regarding design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such -applications are anadeexsept-as-otherwise provided -within -this -Development Agreerentthe Applications were made. 2.2 The Development Site Plan (Exhibit BC) represents the OwnoisFoxtail s current- refined concept for senvletiendevelopment of the RrejeetFoxtail Property. Aolf_the GonseptDevelo mo ent Site Plan is modified significantly in the future andevolves. the -Qty understands -and agrees that-oe4a3n changes in that concept may occur er- be required. If _the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the ConceptDevelooment Site Plan and notice shall be provided as may be required by the City. 2.3 The uses areas depicted on the ConceptDevelooment Site Plan (herein referred to as "Use Areas") shall be subject to the following use, size and/or density limitations 2.3.1 For the "MU DA (Commercial) Mixed Use Area" consisting of approximately 1.74 -acres as indicated on the CenseptDevelooment Site Plan, the permitted uses shall be all those that are permitted or conditional uses identified under the Mixed Use District in Eagle City Code 8-2-3 except for the following uses, which are prohibited: • Cemetery • Circuses and Carnivals • Drive in Theater • Kennel • Mortuary C:1Users\randrus\AppDatalLocal\Templop4eu4g31M3 Comments on P&Z Recommended Restated DA (3-28- 13).docx - 2 If the permitted and conditional uses in the MU zoning designation are expanded, such expanded uses shall be allowed as permitted or conditional uses as the case may be. As depicted on the Development Site Plan, the MU -DA (Commercial) Mixed Use Area shall be limited to 1.74 -acres. Commercial Mixed Use Area development shall be subject to design review compliance, with design review approval by Eagle consistent with Eagle City Code. Any commercial building shall be set back a minimum of eighty (80) feet from any existing adjacent residential structure. Appl+saat-Foxtail shall endeavor to locate one or more of the following uses in the Commercial Mixed Use Area: • Church • Computer Store • Book Store • Restaurants • Banks/financial institutions (including drive thru) • Specialty retailers • Fitness centers • Sporting goods stores • Retail pharmacies • Office, business and professional • Professional activities 2.3.2 The "Residential Use Area" consists of approximately 78.28 -acres (inclusive of open space). The maximum density for the Residential Use Area shall be approximately 2.63 dwelling units per acre with a maximum of 206 dwelling units. Residential uses in the Residential Use Area shall not require a conditional use permit. Sidewalks and pathways shall be constructed in appropriate locations to provide pedestrian connectivity throughout the Foxtail Property, which pedestrian connectivity shall be reviewed by Eagle upon the submittal of a preliminary plat application. The Residential Use Area shall emphasize transitioning with patio home dwellings (higher density) located in proximity to Chinden Boulevard to single-family dwellings (lower density) located adjacent to existing residential uses. The minimum required open space shall be comprised of no less than 20% of the total gross land area of a particular portion of the Residential Use Area; provided, however, that that portion of the Residential Use Area containing lots greater than 37,000 square feet in size shall be excluded from the minimum open space calculations. Minimum lot sizes and setbacks shall comply with the following table: Commercial Proposed Setbacks Front 10 feet Rear 20 feet Side 7.5 feet Residential Minimum Lot Size: 5,000 SF Front Rear Side/Street Side Minimum Lot Size: 10,000 SF Front Rear Side 15 feet to living area / 25 feet to garage 15 feet 5 feet/15 feet 20 feet to living area / 25 feet to garage (front)/30 feet to garage (front) on loop roads 20 feet 5 feet (additional 2.5 feet per story) C:1Users\randrus\AppData\Local\Temp\op4eu4g31M3 Comments on P&Z Recommended Restated DA (3-28- 13).docx - 3 Side Block 16 Lots 7, 8 and Block 17, Lots 9, 10, 13, 15 Collector Front Minimum Lot Size: 17,000 SF Front Rear Side Side Block 16, Lots 4 and 5 Minimum Lot Size: 37,000 SF Front Rear Side 5 feet 25 feet to living area / 30 feet to garage (front) 25 feet 20 feet 7.5 feet (additional 2.5 feet per story) '5 feet (additional 5 feet per story) 30 feet 30 feet 15 feet (additional 5 feet per story) * Lots adjacent to the boundaries of the Sandy Court and Winward River Heights Subdivisions shall not be less than 43,560 square feet in size. The minimum lot size of lots adjacent to the west boundary of Foxtail Subdivision shall be 17,000 square feet. 2.3.3 The Wilson Property shall be limited to a aross density of one (1) unit per acre and will require preliminary plat and design review approval prior to development 2.4 Eagle shall not issue any development permits for any portion of the Commercial_lMixed Use Area except permits related to the golf course and related operations set forth in Section 2.1 above. until Eagle approves the following requirements for such Use Area (or a portion of asuch Use Area): 2.4.1 Foxtail shall develop and submit a master signage plan which includes exhibits and guidelines necessary to achieve a visually -coordinated, balanced and appealing signage environment. The master sign plan shall include monument and wall sign styles, themes, and locations. It is the intent for the master sign plan to govern all signage within the Commercial Mixed Use Area in accordance with Eagle City Code § 8-2A-8. The master sign plan shall be reviewed and approved in accordance with the Design Review procedures in Eagle City Code prior to issuance of a zoning certificate. 2.4.2 Owners-Foxtail shall construct on the Foxtail Property a minimum 6 -foot concrete sidewalk along Chinden Boulevard compliant with the Americans with Disabilities Act. 2.5 Prior to submittal of any final plat application for any portion of the Property, such portion of the Property shall (i) be annexed into Eagle Sewer District's boundaries and shall comply with all applicable Eagle Sewer District's regulations and conditions, (ii) have been issued any required approval letters from Idaho Division of Environmental Quality, and/or Central District Health. Further, prior to issuance of a building permit for any non-residential buildings that are not the subject of a final plat application, Owners shall provide proof of adequate sewer service to the proposed habitable buildings by causing a letter of approval to be provided to Eagle from Eagle Sewer District. 2.6 Concurrently with the recordation of a final plat, or prior to the issuance of a Certificate of Occupancy for any non-residential building, for any portion of the Foxtal Property, Foxtail shall record conditions, covenants and restrictions ("CC&Rs") against such portion of the Foxtail Property that contain at least the following provisions: C.\Users\randrus\AppData\Local\Temp\op4eu4g31M3 Comments on P&Z Recommended Restated DA (3-28- 13).docx - 4 • An allocation of responsibility for maintenance, in perpetuity, of all community and privately - owned landscape and amenities; • Establishment of an architectural control board for all buildings consistent with approvals and Eagle City Code prior to building permit; acid • An allocation of responsibility for the operations and maintenance of the pressurized irrigation system for the Foxtail Property= and • A provision for a reciprocal cross -access for vehicular and pedestrian ingress and egress to the public right-of-ways and to the utility easements on the commercial Tots. 2.7 Prior to the issuance pf any Certificate of Occupancy for any building within any Use frea of the Foxtail Prooertv, Owner, (except golf course -related buildings). Foxtail will construct such normal and customary phased improvements and satisfy such normal and customary conditions required by the Ada County Highway District ("ACHD") and the Idaho Transportation Department ("ITD") for such Use Area. In the design of these improvements, consideration shall be given to US 20/26 corridor studies that have been completed and applicable Access Management Plans that have been adopted. Eagle supports the continued use of the existing full commercial access to Chinden Boulevard. These phased improvements include, but are not limited to, dedication of right-of-way for future road widening, roadway and intersection improvements commensurate to development traffic impacts, construction of sidewalks along Chinden Boulevard, and construction of driveways in the locations and configurations as determined by the aforementioned entities or as otherwise may be required herein. The obligations set forth herein are without prejudice or waiver of any right of Applicant Foxtail to compensation from ACHD or ITD for such dedications or improvements required by ACHD or ITD. Approval letters from these entities approving the design of the required improvements shall be provided to Eagle prior to the issuance of a Building Permit. 2.8 Due to the high visibility of Chinden Boulevard, special attention shall be given to the design, configuration and position of the buildings abutting the roadways consistent with Eagle City Code. Building placement --shall be designee' such that p3rk,n, areas are-noi-nor-bentrated-between the buildings and Gliinden Boulevard—The side of any buildings facing the roadways shall be provided with architectural design elements and architectural relief, as may be approved by the Eagle Design Review Board. 2 9 All buildings shall be set back a minimum of 105 -feet from the centerline of Chinden Boulevard to accommodate future corridor widening. 2.10 Internal roadways connecting any residential and non-residential areas shall be designed with traffic calming devices in an effort to reduce cut -through traffic, to create lower vehicle speeds, to act as a delineator between differing uses, and to ensure the safety of the pedestrian. Plans showing traffic calming devices shall be submitted to Eagle and ACHD and/or ITD (pursuant to jurisdictional authority) for review and approval in conjunction with any proposed development plans or preliminary plat, whichever may be the case. 2.11 Foxtail shall work with Eagle Island Marketplace immediately west of the Foxtail Property to locate one vehicular and pedestrian cross access approximately as shown on the Development Site Plan. The opening and use of such cross access requires a mutually acceptable reciprocal easement agreement between the owner(s) of Eagle Island Marketplace and the Foxtail Property. 2.12 Foxtail shall work with the neighbors to the east and west of the north half of the Foxtail Property to coordinate location of not less than one road connection suitable for a future road between Linder Road and Meridian Road. Such road connection shall be constructed to the roadway classification and specification required by ACHD's Policy Manual for the anticipated traffic volumes. If-aHousing fronting on this collector road is-required-frent-en-hoErsing shall be allowed without buffers. Setbacks described in Section 2.3.2 shall be adhered to along both sides of the roadway. C.\Userslrandrus\AppDatalLocal\Templop4eu4g31M3 Comments on P&Z Recommended Restated DA (3-28- 13).docx - 5 2.13 Foxtail shall construct a ten (10) foot high landscaped berm along the western boundary of Lot 2, Block 2, and Lot 3, Block 2, of the Foxtail Subdivision if the owners of either such lots so request, in writing, prior to Eagle's approval of a design review application for development immediately adjacent to Foxtail Subdivision. If susta owneer-s-bet#h requesleither owner requests construction of such berm, the berm shall be located on the Foxtail Property- . adiacent to the owners orooerty that made the request If neither of the such lot owners request the berm. in writing prior to Eaale's aooroval of a design review application for the Foxtail Property Foxtail. the berm shall not constructed. Foxtail shall be required to landscape the ten (10) foot high berm along the western boundary of Lot 2. Block 2 and Lot 3. Block 2. pursuant to Eagle City Code Section 8-2A-7(J)(4)(c). If such berm is constructed as provided in this Section, the proposed landscape plan shall be reviewed and approved by the Eagle Design Review Board prior to the approval of a final plat application for any development immediately adjacent to Foxjail Subdivision. 2.14 Any building with a proposed drive-thru shall be designed in such a way as to compliment the entirety of the Foxtail Property and, if located near residential uses or a public way, shall provide a minimum of forty-eight inch (48") grade separated berm and/or screen wall with vegetation adjacent to the drive-thru lanes to reduce the impact of the vehicles utilizing the drive-thru lanes (Le., vehicle headlights and vehicle cueing). Eagle may place reasonable limits on the hours of operation of all drive-thru uses to ensure compatibility with adjacent uses. 2.15 Foxtail shall provide bus stops or other similar public transportation mode improvements on Chinden Boulevard if required by the applicable governmental agency when platting the Commercial /Mixed Use Area within the Foxtail Property. The location and placement of such improvements will be completed in cooperation with Eagle. ITD and/or ACHD- (pursuant to jurisdictional authontv). 2.16 Deliveries to commercial buildings within the Commercial /Mixed Use Area shall be conducted from the hours of 7:00 am to 7:00 pm. All other operations of the commercial buildings within the Commercial/Mixed Use Area shall comply with Eagle City Code "Loud Amplification Devices; Noise Ordinance" Section 4-9, or as thereafter amended. 2.17 All non-residential (commercial) buildings in the Commercial/ Mixed Use Area shall be subject to dark -sky lighting, or related limitations in compliance with Eagle City Code, as it exists at the time such applications are made, to address additional concerns that may arise. 2.18 The Property is currently located within the Meridian Fire District and, therefore, Owners shall work with the Meridian Fire District for all fire service/protection issues, unless the Property is annexed into the Eagle Fire District. ARTICLE III DEFAULT 3.1. If Foxtail or Wilson fails to comply with the commitments set forth herein within the time periods set forth herein with respect to the portion of the Property owned by each party, Eagle shall have the right, after thirty (30) days of written notice of such failure to such Owner and without prejudice to any other rights or remedies, to cure such violation, enjoin such violation and otherwise enforce the requirements contained in this Agreement, or to terminate the Agreement; provided, however, any default that occurs on a portion of the Property shall affect only such portion of the Property in default and shall not affect other portions of the Property; provided further, however, that if the nature of the default is such that the same cannot reasonably be cured within such thirty (30) day period, Foxtail or Wilson, as the case may be, shall not be deemed to be in default if Foxtail or Wilson, as the case may be, shall, within such period, commence such cure and thereafter diligently prosecute the same to completion. 3.2. If required to proceed in a court of law or equity to enforce any provision of this Agreement, the enforcing party shall be entitled to recover all direct out-of-pocket costs so incurred to cure or enjoin such default and to enforce the commitments contained in this Agreement, including attorneys' fees and court costs. C:\Users\randrus\AppData\Local\Temp\op4eu4g31M3 Comments on P&Z Recommended Restated DA (3-28- 13).docx - 6 Fm:Lisa Hensley To:Susan Buxton and Joanne Butler (12003311202) HOLLAND&HART . 11/11 April 9, 2013 VIA FACSIMILE & E-MAIL Susan Buxton Moore Smith Buxton & Turke 950 W. Bannock St., Suitc 520 Boise, ID, 83702 se b@msbtlaw.com (208) 331-1800 (208) 331-1202 Dear Susan and Joanne: 17:21 04/09/13'EST P9 3-4 cl Cc_ —q—/3 Matthew M. Hicks mhicks@hollandhart.com Joanne Butler Spink Butler 251 E. Front St., Suite 200 Boise, ID 83702 jbutler@spinkbutler.com (208)388-1093 (208) 388-1001 (1) Holland & Hart LI,t' is in receipt of your letters dated April 4, 2013 responding to the Foxtail Homeowners Association, Inc,'s (the "Foxtail HOA") objection letter to the Eagle City Council regarding RZ-11-08 MOD & PP -05-12, Application of Foxtail Partners, LLC (the "Application"). The purpose of this letter is to clarify the Foxtail 1IOA's position on two key issues. First, as you are aware, under the current Development Agreement recorded on November 18, 2010, M3 Companies LLC ("M3") is required to construct a ten (10) foot privacy berm (the "Privacy Berm") that extends along the entire western boundary of the Foxtail Subdivision. Additionally, under the Restrictive Use Agreement recorded on August 29, 2002, the property owner of Lot 1, Wilson Properties, is required to maintain a berm ("Restrictive Use Berm") along the entire eastern boundary of Lot 1 and the remainder of Foxtail Subdivision from its existing driveway entrance at North Fox Run Avenue down to the main Foxtail Subdivision entrance at Chinden Boulevard. The Foxtail HOA and its homeowners are opposed to any plan that would eliminate or reduce M3's obligation to construct the Privacy Berm along the entirety of the western edge of the Foxtail Subdivision. The proposed new development will impact all of the Foxtail homeowners, not just those with back -facing lots, and the Privacy Berm is essential to mitigating the impact of the high-density portion of the development that will abut the western edge of the Foxtail Subdivision. Second, with regard to access, the Foxtail IIOA remains committed to reaching an agreement and long-term solution with M3 that considers and protects the interests of all parties. 'I'o that end, the Foxtail HOA is prepared to enter into an agreement that would provide the Holland& Hart up ?boon 1208] 342-5000 Irtx (208] 343-8869 www.hollandhart.com 101 South [appto, Boulevard Suite 1400 Boise, ID 83702 Milling , P..0.8ox 2527 ewe, ID 83701.2527 Aspen Boulder Carson City CoktradoSprincgs Dower Denver Tech Center Oilings bile Cheyenne Jackson Hole las Vegas Reno S8 lake City Santa Fe Washington,D.0 e:Lisa Hensley To:Susan Buxton and Joanne•Butler (12083311202) H0LLAND&HART. PPR ,.,.:. 1 HE LAW OU.l. WEST 17:22 04/09/13 EST Pg 4-4 Susan Buxton & Joanne Butler April 9, 2013 Page -2 development with access through the Restrictive Use Berm provided that M3 comes to the table with a good -faith design that adequately addresses its traffic, privacy and safety concerns. In fact, the parties have made encouraging progress on this front in recent days, but more time is needed to resolve all outstanding issues and concerns. Accordingly, the Foxtail HOA believes it is premature for the City Council to rule on this application and requests that it provide the parties with more time to arrive at a negotiated resolution. Very truly yours, psr� Matthew M. Hicks of Holland & Hart LLP KLG Cc: Ryan Moore (via Email) Tyson Smith (via Email) Brian Schlador (via Email) Dennis Hansen (via Email) Katherine Gcorger 6)30309_3 6/.--9.- April 9, 2013 Via E -Mail Eagle City Council c/o Mike Williams City of Eagle Planning & Zoning Department 660 E. Civic Lane Eagle, ID 83616 RE: Foxtail Partners/Reynard Subdivision & Foxtail Subdivision Homeowner Discussions Dear Council Members: Foxtail Partners, LLC is the contract purchaser of the property commonly known as the Foxtail Golf Course property and the applicant in connection with Reynard Subdivision. The following is a summary of the interactions and discussions that have taken place between our initial neighborhood meeting on August 8th, 2012 and April 9th, the date of the Reynard Subdivision City Council meeting. The summary focuses primarily on the period between the Planning & Zoning meeting and the City Council meeting. The purpose is to provide the Council with a chronological account of various communications and a context of how we have arrived where we are. We realize that the Council cannot delegate its authority to review subdivision plats to neighbors of the applicant's property, but also know that the Council appreciates an applicant's attempt to work with its neighbors to reach common ground where possible. Foxtail Partners, and me personally, have worked with our neighbors. On August 8th, we held a neighborhood meeting at Eagle City Hall, which was well attended by people from within the area, to show the neighbors a conceptual site plan that included mixed use and residential uses on the Foxtail Golf Course property (all of which is zoned for mixed use). As part of the mixed use area along Chinden Blvd, we proposed to have 200 units of multi -family, which is an allowed use in the mixed use zone and a portion of the 5 acres which is not a part of this Reynard Subdivision. This proposal also included a primary access to Reynard Subdivision from the light at Chinden Boulevard and Fox Run Drive. The four main requests that were made were to 1) not take access from Fox Run Drive 2) move the main access further west 3) move the commercial further from their neighborhood„ and 4) to eliminate the multi -family. Unfortunately, the most notable thing about the meeting was not the feedback we received (which we addressed in our subsequent submittal), but the tone of the meeting. From the very beginning certain attendees were accusatory and threatening. While we tried to make clear that we were there to elicit their feedback so we could adjust our site plan, the more vocal neighbors were not interested in a productive dialog. On November 15th, approximately three months after our neighborhood meeting, we submitted our preliminary plat, addressing the major issues from the neighborhood meeting. This plat addressed all four of their concerns by 1) eliminating all multi -family entirely 2) reduced the commercial area to 1.74 acres and 3) removed the 5 acre Fox Run parcel from the plat and 4) eliminated all access to Fox Run Drive. After the application was reviewed by ITD and ACHD, I TD recommended a stub street, and ACHD required that a stub street, be extended to provide future access to the 5 acre parcel located between our preliminary plat and Fox Run Drive. On February 11th, we submitted a revised preliminary plat that included the required stub street. As a result of delays caused by ACHD in review of the traffic study the six months passed after the initial neighborhood meeting, requiring an additional neighborhood meeting per Eagle City Code; a second neighbor hood meeting was held on March 1 st, before the March 4th Planning & Zoning Commission hearing. Three neighbors attended this meeting, Dennis Hansen, Tyson Smith, and Brian Schlador. This meeting was more cordial than the first meeting and the participants expressed their concerns over the addition of the stub street to the Fox Run parcel. We let the neighbors know that this was a requirement of ACRD and was mandatory. We also discussed the open space adjacent to the Foxtail Subdivision and our suggestion to build the berm adjacent to the two neighbor's properties that abut Reynard Subdivision (that is those lots owned by Ryan Moore and Tyson Smith) only if they requested. This would give them the opportunity to view the 7.5 acre park, including lakes, located adjacent to their property. The final comment was that the plan was too dense. Our response was that the density complied with the approved development agreement and the zoning and that the density within the commercial area was significantly below the maximum density allowed. We have also designed the master plan to provide a landscaped buffer of approximately 200' along the two adjoining properties in Foxtail. On March 4th one neighbor, Brian Schlador, attended the Planning & Zoning Commission hearing and two letters were submitted by neighboring residents. Brian's comments focused on the density and he requested that the stub street be moved to a more southerly location that could potentially line up with Gray Fox Court on the other side of Fox Run Drive should the sub street be extended in the future. At the Planning & Zoning hearing we agreed to have a third neighborhood meeting to further discuss the neighbor's concerns and see if there was some consensus that could be reached. A neighborhood meeting notice was mailed out by March 11th for a March 26th meeting. On March 25t, one day before the scheduled neighborhood meeting, Dennis Hansen hand delivered a letter to our office and sent the letter to the City of Eagle, ACHD, and 1TD. In his letter, Dennis first reprimanded us (incorrectly) for not making a sufficient effort to work with neighboring home owners. Mr. Hansen goes on to say that the Foxtail Homeowner's Association would only agree to allow us to use the public light at Fox Run Drive to access their development under certain conditions 1. After entering Fox Run at the light and going north approximately 300 feet to Gray Fox Court, a road would then be constructed going west across the berm onto Wilson property and to the development. 2. A 10 foot berm would be constructed across Fox Run at that point which would follow the road to the property line of Foxtail Homeowners and then join the 10 foot berm that was approved which runs north to the end of Ryan Moore's property. (An emergency entrance would have to be made on Fox Run by Gray Fox Court) 3. David Turnbull, representing Brighton Corporation said they would allow Foxtail Subdivision to use a road they plan to build from Winward, going east across their development and entering onto Meridian Road. 4. The Association would ask that sewer access would be brought to the property line so that in the future hook ups could be used. 5. The Foxtail Homeowners would be reimbursed for the legal fees they have incurred to defend their legal right to the berm. (Approximately $10,000) We spent a great deal to revise our application and accommodate our neighbors request by significantly reducing the intensity of what we had originally contemplated and what is allowed under the existing development agreement. The main connection to Reynard Subdivision is not at Fox Run Drive and not in the scope of our application, we were willing to discuss his requests to see if there was a way to satisfy requests 1, 2 and 4. Any decision on access through the 5 acre parcel between the Reynard Subdivision and Fox Run Drive would need to be agreed to by the property owner, Wilson Properties, and may need to be in the form of an amendment to an existing private the restrictive use agreement between the Foxtail Home Owners Association and Wilson Properties that relates to restrictions on golf course usage and buffering of the golf course. In addition, we informed Mr. Hanson that the 5 acres was not a part of this application and that connection to Fox Run through the 5 acres would be a part of a future application. Mr. Hansen was the only neighbor to attend the neighborhood meeting on March 26th, represented at the meeting that he was the representative for the HOA. At this meeting we brought a conceptual plan for discussion that showed the stub street in a more southerly location that would allow for a straight connection to be made across from Gray Fox Court (as requested in Mr. Hansen's letter and by Brian Schlador at the Planning & Zoning Commission hearing. Another possible scenario was discussed that could have made a connection in a location south of Gray Fox Court. At this meeting we also discussed Mr. Hansen's request that Fox Run be blocked off and changed to an emergency access and told Mr. Hanson that his request to block off Fox Run was an ACRD decision and not ours to make. We indicated that we would discuss this with Wilson Properties and were not opposed their effort to do this if a connection was still possible through the 5 acre Fox Run parcel. On April 1st, we received copies of two letters from two separate attorneys purporting to represent the Foxtail homeowners association that necessitated a response from both us and the City attorney. Those letters and the responses are in the Council packet of information for tonight's hearing. On April 3rd, we sent a letter to Mr. Hansen (Attachment 1) letting Mr. Hansen know we had a discussion with Wilson Properties regarding potential access scenarios. The owner was supportive of the direct connection to Gray Fox Court but not a more southern location . This letter included an exhibit that showed a potential location of a stub street in a southern location and a connection lining up with Gray Fox. Regarding the question of the berm (iten #2, above, from Mr. Hansen's letter), we felt it was important to talk to Tyson Smith, the property owner that would be immediately affected by decisions in connection with the berm. We emailed the same letter to Mr. Smith and requested a meeting. On April 5th, I met with Mr. Smith to discuss, the stub street location, the possible connection location, and berming and buffering. Mr. Smith was clear that he did not speak for the entire HOA, but my summary of our discussion that I sent to Mr. Smith included: 1. You (Tyson) will not ask for the 10 ` berm behind your property if we provide additional trees on the south side of your rear yard view and expand the pond slightly to the south. I believe we can accommodate this request. I will follow up with you with a landscape drawing that shows our plan to expand the pond on Monday. 2. You support moving the stub street to the middle location on our property and lining up with gray fox through the 5 acre property and would support an amendment to the restrictive use agreement that would make this possible. 3. You would like to see sewer stubbed to the 5 acre parcel from our development and then to Fox Run through the 5 acre parcel. The extension of sewer would need to be part of the amended agreement between Wilson and the HOA. We are committing to stubbing the sewer to the 5 acre parcel and we will convey this to Wilson to be included in a proposed amendment to the private use agreement. 4. You had not fully committed to the type of buffer you wanted on the south side of your property, but were open to the 3' berm with 6' fence similar to what Brighton is doing around the perimeter of their property. We will include this suggestion in the proposed amendment to the agreement between the HOA and Wilson. I copied Dennis Hansen on my summary to Mr. Smith and it elicited the following response: Mark, Just a word to the wise: Before you spend time making any changes to the four points you recapped from your discussion with Tyson there is one thing that must happen. WE MUST HAVE WRITTEN APPROVAL FROM ACHD AND ITD THAT THEY WILL APPROVE CLOSING OFF FOXRUN AND YOU NEED TO GET THAT! I can promise without that, you will provide a ten foot berm from the north end of Ryan Moore's property to the berm on Chinden. Also we will challenge your development on the five acre parcel owned by Wilson, and we will not allow you to use the light access for your proposed development. I thought I made that pretty clear from the two times I have met with you. Dennis After this response I had a follow-up discussion with Mr. Smith and he indicated that he could not make any commitments on behalf of the HOA and would be meeting with his neighbors over the weekend. We scheduled a meeting on Monday, April Sth to discuss the HOA's position. On April 8t', another meeting took place, this time with Mr. Smith, Mr. Schlador, and Ryan Moore. The tone of this meeting was considerably more negative and the group indicated that it would not support a direct connection without Fox Run being blocked off and that they would push for a berm along the entire property line. I again made it clear that the question of blocking a street off would be up to ACRD and F that we could not make that determination or obtain that approval as suggested (above) by Mr. Hansen. I provided the group with an amendment to the restrictive use agreement prepared by Mr. Wilson's attorney (Don Knickrehm) that would allow for stubbed access across from Gray Fox Court, required an extension of sewer, and provided additional buffering on the north property line of the 5 acre parcel (immediately south of Mr. Smith's lot). This amendment was not given serious consideration at the meeting. Mr. Moore then scheduled a meeting with ACHD and 1TD for the afternoon of the Sth to discuss a potential connection to Fox Run Drive and closing of their street. I attended this meeting at ACRD along with three neighbors: Mr. Hanson, Mr. Smith, and Mr. Moore. The neighbors inquired as to the possibility of restricting access through their road and ACHD explain the process of vacating right—of-way that would likely be necessary. Next the neighbors suggested that Fox Run Drive be completely re-routed onto the 5 acre parcel, which was different from the previous discussions of tying a road into the existing Fox Run Drive. ACHD indicated that if this street was to be entirely reconstructed, as would be necessary, it would likely need to be a collector style road (as we had originally proposed in our first master plan in August 2012) that was to be a primary access . We indicated that Mr. Wilson, the owner of the 5 acre parcel, is not supportive of reconstructing Fox Run Drive and rendering most of the 5 acres undevelopable. We again suggested the most simple and straight forward solution, to take the road straight across and to line up with Gray Fox as had been discussed and suggested before. The neighbors fmal consensus was that if the stub road went straight across the 5 -acre parcel, they would only support it and enter an agreement with Mr. Wilson if he agreed not to develop the portion of his property lying north of the stub road, which currently has the maintenance center for the golf course located on it, and only agreed to develop the portion of his property lying south of the stub road with just two lots. Mr. Wilson has said he cannot agree to so restrict this 5 -acre parcel which is zoned under the development agreement for development at 1 unit per acre. We earnestly tried to find some consensus and resolved the neighbor's concerns (ever changing as they were); but we are left to conclude that there is 1) not a consensus among the owners and 2) there is not a realistic resolution to the neighbors' concerns and 3) the issues being raised by the neighbors are discussions for any future application for the 5 acres, aside from the choice of building the berm or not by Mr. Moore and Mr. Smith which is at their election and not ours. With this said though we are willing to move the stub street to line up with Gray Fox and will work with Mr. Moore and Mr. Smith to determine if they want the berm built or another form of screening along our common boundary. Respectfully Submitted, - �' 9 N L'l' \ ,_ Mark Tate M3 Companies CC: Attachment 1 — April 2"a Offer Letter April 3, 2013 Mr. Dennis Hansen 465 W. Sly Fox Avenue Eagle, Idaho 83646 Dear Mr. Hansen Thank you for participating In our neighborhood meeting on March 261". As the sole owner attending from the Foxtail subdivision, you indicated that you were attending on behalf of the owners in the Foxtail subdivision. At this meeting we discussed your suggestions to connect the Reynard Subdivision to Fox Run Avenue in a configuration that lines up with Gray Fox Court or at a location between Gray Fox and Chinden Boulevard. We also discussed your desire to see one acre lots developed on the 5 acre Fox Run parcel along with a three foot berm and five or six foot privacy fence along the northern boundary of the 5 acre parcel (Tyson's property). While the 5 acre Fox Run parcel is not part of our plat, we have discussed possible alignments and buffering with the property owner, Wilson Properties, and we have the property owner's approval to align a future connection from the Reynard Subdivision with Gray Fox Court and to provide a three foot tall berm with a privacy fence on the north property line. In addition, we discussed the 10' foot berm and you suggested that you would be willing to discuss a berm condition similar to the 3' berm and 6' fence. We stated that we will install either the 10' berm or the 3' berm and 6' fence at the property owners election. This 3' berm and 5 or 6' fence is a similar condition that you stated that your owners and the HOA support for the Brighton development to the north and the east of your subdivision. Attached is a conceptual rendering of how this connection could be configured. If the Foxtail HOA and its owners are supportive of this configuration and willing to modify the existing agreement with Wilson Properties to allow for these improvements as shown, we can provide you and the HOA with an amendment to the Restrictive Use Agreement that would specify where this connection could be made in the future. With this amended agreement, we would relocate the stub street to the 5 acre parcel to a more southerly location as shown in the attached rendering. At the March 26" meeting, you indicated that you thought the HOA would be supportive of this scenario and would be in favor of amending the agreement. Any restriction on access as you have proposed would occur to the north of Gray Fox Court if owners are able to obtain approvals from ACRD. Due to the short timeframe before the city council meeting, please let us know by Thursday, April 4t", if this Is acceptable and we will provide a draft agreement for your review by 5:00 PM on Friday, April 5t". My contact information is listed below. Thank you very much for your consideration and we look forward to working with you. Sincerely, L ". Mark Tate M3 Companies mtate(c )m3companiesl Ic.com 208-939-6263 Attachment: Conceptual Fox Run Avenue & Gray Fox Court Connection Conceptual Middle Fox Run Connection Coy of Eagle Date Check No Cc 67-9-i 3 Check Register • Transparency Version Page' 1 Apr 08, 2013 12:25pm Check Issue Date(s): 03/28/2013 - 04/08/2013 Payee Seq GL Acct No GL Acct Title Seq Amount Check Amount 04/02/2013 9875 CenturyLink -29040 1 01.0413-19-00 TELEPHONE & COMMUNICATIONS 05 31 1 07-0482.52.00 MUSEUM UTILITIES 103 58 198 87 Total 9875 198 87 04/02/2013 9878 Delta Dental of Idaho 1 01.0217-07-01 COBRA- HEALTH INSURANCE 43.85 2 06-0217-07-00 LIBRARY HEALTH INSURANCE 511 25 3 12-0217-07-00 CLERK DEPT HEALTH INSURANCE 211 77 4 11-0217-07-00 EXEC DEPT HEALTH INSURANCE 85 54 5 14-0217-07-00 P&Z DEPT HEALTH INSURANCE 317 29 6 13-0217-07-00 BLDG DEPT HEALTH INSURANCE 249 21 7 01-0217-07-00 CITY COUNCIL HEALTH INSURANCE 85 54 8 16-0217-07-00 HEALTH INSURANCE 42.80 9 60-0217-07-00 WATER DEPT HEALTH INSURANCE 120.93 1,667 98 Total 9876 1,667 98 04/02/2013 9877 Eagle Industrial Center 1 15.0437-27-00 STORAGE UNIT RENTAL 594.00 2 60-0434-50-00 SHOP LEASE 594.00 1 15-0437-27-00 STORAGE UNIT RENTAL 2 80 2 60-0434-50-00 SHOP LEASE 2 79 1,193 59 Total 9877 1,193.59 04/02/2013 9878 Intermountain Gas Company 1 01-0413-18-00 UTILITIES/NEW CITY HALL 688 33 1 07.0482.52.00 MUSEUM UTILITIES 62.37 750 70 Total 9876 750.70 04/02/2013 9879 NCPERS IDAHO 1 16-0217-07-00 HEALTH INSURANCE 30 24 2 80-0217-07-00 WATER DEPT HEALTH INSURANCE 49 76 3 11-0217-07-00 EXEC DEPT HEALTH INSURANCE 1800 4 12-0217-07-00 CLERK DEPT HEALTH INSURANCE 48 00 5 06-0217-07-00 LIBRARY HEALTH INSURANCE 128 00 6 13-0217-07-00 BLDG DEPT HEALTH INSURANCE 48 00 7 14-0217-07-00 P&Z DEPT HEALTH INSURANCE 64.00 8 01-0217-07-00 CITY COUNCIL HEALTH INSURANCE 16 00 400.00 Total 9879 400 00 04/02/2013 9880 Pacific Source Health Plans 1 16-0217-07-00 HEALTH INSURANCE 917.18 2 12-0217-07-00 CLERK DEPT HEALTH INSURANCE 2.557.38 3 06-0217-07-00 LIBRARY HEALTH INSURANCE 6,342 48 4 01-0217-07-00 CITY COUNCIL HEALTH INSURANCE 485 27 5 13-0217-07-00 BLDG DEPT HEALTH INSURANCE 2,217 89 6 01-0217-07-00 CITY COUNCIL HEALTH INSURANCE 1,043 33 7 14-0217-07-00 P&Z DEPT HEALTH INSURANCE 4,741 09 8 60.0217-07-00 WATER DEPT HEALTH INSURANCE 1,154 95 1 01-0217-07-01 COBRA- HEALTH INSURANCE 485 27 19,944 62 Total 9880 18,944 82 04/02/2013 9881 United Heritage -Group Dept M = Manual Check, V = Void Check 1 11.0217.07.00 EXEC DEPT HEALTH INSURANCE 13 69 2 14-0217.07-00 P&Z DEPT HEALTH INSURANCE 84 35 3 08-0217-07-00 LIBRARY HEALTH INSURANCE 118 00 4 16-0217-07-00 HEALTH INSURANCE 27 07 5 01-0217-07-00 CITY COUNCIL HEALTH INSURANCE 15.99 City of Eagle Check Register - Transparency Version Page: 2 Apr 08, 2013 12:25pm Check Issue Date(s): 03/26/2013 - 04/08/2013 Date Check No Payee Seq GL Acct No GL Acct Title Seq Amount Check Amount 6 13-0217-07-00 BLDG DEPT HEALTH INSURANCE 48.42 7 12-0217-07-00 CLERK DEPT HEALTH INSURANCE 41.91 8 60-0217-07-00 WATER DEPT HEALTH INSURANCE 46.94 1 01-0217-07-01 COBRA- HEALTH INSURANCE 6.85 403.22 Total 9881 403.22 04/08/2013 9882 Ada County Highway District 1 01-0203-00-00 ACCTS PAYABLE,ACHD IMPACT FEES 92,008.00 92,008.00 04/08/2013 9883 Alana C. Dunn 1 07-0483.01.00 DISPLAY SUPPLIES 126.33 126.33 04/08/2013 9884 Alsco 1 15-0444.03-00 CUSTODIAL SERVICES 31.25 1 15-0442-03-00 CUSTODIAL SERVICES 61.12 1 15-0444-03-00 CUSTODIAL SERVICES 31.25 1 15-0442-03-00 CUSTODIAL SERVICES 81.12 184.74 Total 9884 184.74 04/08/2013 9885 Analytical Laboratories, Inc. 1 80-0435-56-00 TESTING -WKLY, MO, QTR, ANNUAL 60.00 1 60-0435-56-00 TESTING -WKLY, MO, QTR. ANNUAL 15.00 75.00 Total 9885 75.00 04/08/2013 9886 Baldwin & Associates, Inc. 1 14-0413-05-00 OFFICE EXPENSES 39.90 1 01-0413-05-00 OFFICE EXPENSES 54.10 1 01-0413-05-00 OFFICE EXPENSES 12.37 1 01-0413.05-00 OFFICE EXPENSES 39.90 1 01-0413-05-00 OFFICE EXPENSES 40.27 186.54 Total 9888 188.54 04/08/2013 9887 Black Box Network Services 1 01-0413-23-00 MTNC-REPAIRIOFFICE EQUIP/FURN 205.00 205.00 04/08/2013 9888 Boise Office Equipment 1 01-0413-23-00 MTNC-REPAIR/OFFICE EQUIP/FURN 1,578.00 1 01-0413-23-00 MTNC-REPAIR/OFFICE EQUIP/FURN 108.00 1,684.00 Total 9888 1,684.00 04/08/2013 9889 Casette, Inc. 1 60-0434-55-00 CASELLE SUPPORT 180.00 2 01-0413-2340 MTNC-REPAIR/OFFICE EQUIP/FURN 511.00 871.00 Total 9889 871.00 04/08/2013 9890 Chevron 1 13-0417-02-00 FUEL COSTS 248.99 2 15-0413-26-00 GAS AND OIL 110.95 3 60-0420-01-00 FUEL & LUBRICANTS 86.12 4 80-0420-01-00 FUEL & LUBRICANTS 709.79 5 15-0413-26-00 GAS AND OIL 98.61 8 13-0417-02-00 FUEL COSTS 60.70 7 16-0458-02-00 GAS & OIL 79.53 1.390 69 Total 9890 1,390.89 04/08/2013 9891 Clearwire 1 80-0434-19-00 TELEPHONE & COMMUNICATIONS 44.99 44.99 04/08/2013 9892 Colonial Flag Foundation 1 01-0422-06-00 FIELD OF HONOR 183.93 1 01-0422-06-00 FIELD OF HONOR 900.00 1,083.93 Total 9892 1,083.93 04/08/2013 9893 Community Planning Association 1 14-0413-35-00 ORTHO PHOTOGRAPHY 895.00 M = Manual Check, V = Void Check City of Eagle Check Register - Transparency Version Page: 3 Apr 08, 2013 12:25pm Date Check No Total 9893 04/08/2013 9894 04/08/2013 9895 04/08/2013 9898 04/08/2013 9897 04/08/2013 9898 04/08/2013 9899 Total 9899 Payee 0 & A Glass Company D&B Supply Dennis Holte DEO DigLine Drugfree Idaho 04/08/2013 9900 Eagle Auto Parts 04/08/2013 9901 Eagle Sewer District Total 9901 04/08/2013 9902 Eagle Water Co. Total 9902 04/08/2013 9903 Evan's Building Center Total 9903 04/08/2013 9904 Game Face Athletics 04/08/2013 9905 Hawkins -Smith Eagle Hall LLC Total 9905 04/08/2013 9906 HO Supply Waterworks, Inc. 04/08/2013 9907 Heather Adams M = Manual Check, V = Vold Check Check Issue Date(s): 03/26/2013 - 04/08/2013 Seq GL Acct No GL Acct Title 1 01-0413-14-00 PROFESSIONAL DUES 1 15-0444-01-00 1 60-0438-13-00 1 13-0416-09-00 1 60-0436.01-00 1 60-0434-44-00 1 01-0413-14-00 2 06-0217-07-00 1 06-0217-07-00 MAINTENANCE & REPAIR VEHICLES PLUMBING INSPECTIONS DEO LOAN PAYMENT -PRINCIPAL DIG LINE PROFESSIONAL DUES LIBRARY HEALTH INSURANCE LIBRARY HEALTH INSURANCE 1 60-0420-03-00 VEHICLE MTNC & REPAIR 1 01-0413-16-00 UTILITIESINEW CITY HALL 1 15-0449-08-00 UTILITIES 1 07-0462-52-00 MUSEUM UTILITIES 1 15-0450-06-00 UTILITIES 2 15-0452-06-00 UTILITIES 01-0413-16-00 UTILITIES/NEW CITY HALL 15-0448-08-00 UTIUTIES 15-0453-08-00 UTIUTIES 15-0446-06-00 UTILITIES 15-0455-06-00 UTILITIES 15-0455-06-00 UTILITIES 15-0437-25-00 60-0434-58.00 15-0437-25-00 60-0434-58-00 60-0434-58-00 15-0437-25-00 15-0437-25-00 60-0438-13.00 15-0437-25-00 15-0444-01-00 15-0437-25-00 15-0444-01-00 15-0437-25-00 MATERIALS & SUPPLIES WATER REPAIR/MAINTENANCE MATERIALS & SUPPLIES WATER REPAIR/MAINTENANCE WATER REPAIR/MAINTENANCE MATERIALS & SUPPLIES MATERIALS & SUPPLIES VEHICLES MATERIALS & SUPPLIES MAINTENANCE & REPAIR MATERIALS & SUPPLIES MAINTENANCE & REPAIR MATERIALS & SUPPLIES 01-0422-06-00 FIELD OF HONOR 01-0416-22-00 CITY HALL OPERATING EXPENSES 01-0416-21-00 CITY HALL LEASE PAYMENT- H.S. 1 60-0434-58-00 WATER REPAIR/MAINTENANCE 1 80-0220-00-00 WATER/SERVICE DEPOSITS Seq Amount Check Amount 2,387.00 3,282.00 3,282.00 350.85 822.33 3,082.64 90,918.08 73.00 200.00 19.36 19.38 238.72 5.28 120.00 30.00 30.00 15.00 15.00 210.00 14.82 20.09 28.05 10.07 10.07 8.25 89.15 84.98 8.09 8.08 17.99 4.04 4.57 3.04 33.27 14.88 9.70 8.25 23.38 17.99 218.22 120.75 1,901.00 11,867.07 13,768.07 117.00 48.30 350.85 622.33 3,082.64 90,918.08 73.00 238.72 5.28 210.00 89.15 218.22 120.75 13,788.07 117.00 48.30 City of Eagle Check Register - Transparency Version Page: 4 Apr 08, 2013 12:25pm Date Check No Payee 04/08/2013 9908 Holladay Engineering Co. Total 9908 04/08/2013 04/08/2013 04/08/2013 Total 9911 9909 ICRMP 9910 Idaho Humane Society, Inc. 9911 Idaho Power Co. -Processing Ctr 04/08/2013 9912 Integra 04/08/2013 9913 James Reynolds 04/08/2013 9914 Jeffrey Don 04/08/2013 9915 Joy Lear 04/08/2013 9918 K&T Maintenance Total 9916 04/08/2013 9917 04/08/2013 9918 04/08/2013 9919 04/08/2013 9920 04/08/2013 9921 04/08/2013 9922 04/08/2013 9923 Total 9923 04/08/2013 04/08/2013 04/08/2013 04/08/2013 Ken Kreautler Laguna Pointe HOA Mary Oates Melissa Nodzu MetroQuip Mimura & Associates National Benefit Services, LLC 9924 Nichoel Baird Spencer 9925 Pacific Residential Resources 9928 Peak Alarm Company 9927 Petty Cash -City Hall M = Manual Check, V = Void Check Check Issue Date(s): 03/26/2013 - 04/08/2013 Seq GL Acct No 1 01-0413-31-00 1 60-0438-10-00 1 01-0413-31.00 1 01-0413-31-00 1 01-0413-31-00 1 01-0413-31-00 1 01-0413-31-00 1 01-0413-31-00 1 18-0437-21-00 1 01-0418-07-00 1 01-0413-31-00 1 01-0413-31-00 GL Acct Title ENGINEERING FEE/DEVELOPER CHGS WATER MASTER PLAN -UPDATE ENGINEERING FEE/DEVELOPER CHGS ENGINEERING FEE/DEVELOPER CHGS ENGINEERING FEEIDEVELOPER CHGS ENGINEERING FEE/DEVELOPER CHGS ENGINEERING FEE/DEVELOPER CHGS ENGINEERING FEE/DEVELOPER CHGS GREENBELT -PATHWAY MTNC-RPR CITY ENGINEERING ENGINEERING FEE/DEVELOPER CMGS ENGINEERING FEE/DEVELOPER CHGS 01-0413-10.00 INSURANCE - PROPERTY 01-0416-08-00 IDAHO HUMANE SOCIETY 15-0454-08-00 UTILITIES 15-0455-06-00 UTILITIES 01-0413-19-00 TELEPHONE & COMMUNICATIONS 11-0413-24-00 Vehicle Expense 80-0220-00-00 WATER/SERVICE DEPOSITS 80-0220-00-00 WATER/SERVICE DEPOSITS 15-0445-03-00 CUSTODIAL SERVICES 15-0444-03-00 CUSTODIAL SERVICES 15-0443-03-00 CUSTORIAL SERVICES 15-0442-03-00 CUSTODIAL SERVICES 1 60-0220-00-00 1 16-0437-21-00 1 60-0220-0040 1 09-0463-02.01 1 80-0434-58-00 1 01-0416-05-00 1 08-0481-23-01 2 16-0433-23-01 3 12-0415-23-01 4 13-0415-23-01 5 01-0415-23-01 8 60-0433-23-01 7 14-0415-23-01 1 14-0415-23-00 2 08-0481-23-00 WATER/SERVICE DEPOSITS GREENBELT -PATHWAY MTNC-RPR WATER/SERVICE DEPOSITS SAT MARKET MGR FEES WATER REPAIR/MAINTENANCE PROSECUTOR COBRA ADMIN FEE HRA ADMIN FEE COBRA ADMIN FEE COBRA ADMIN FEE HRA ADMIN FEE COBRA ADMIN FEE COBRA ADMIN FEE HRA BILLING HRA BILLING 1 14.0413-13-00 TRAVEL & PER DIEM 1 60-0220-00-00 WATER/SERVICE DEPOSITS 1 01-0413-34-00 MONITORING ALARM SYSTEMS 1 14-0413-25-00 MISCELLANEOUS 2 01-0413-07-00 POSTAGE Seq Amount Check Amount 240.00 2,212.50 380.00 240.00 1,110.00 3,259.38 2,280.90 780.00 639.27 1,066.50 1,310.00 840.00 14, 338.55 14,338.55 19,025.35 19,025.35 3,522.00 3,522.00 5.25 4.65 9.90 9.90 871.04 871.04 87.88 87.88 75.00 75.00 48.57 48.57 55.00 817.50 544.00 690.00 1,908.50 1,908.50 44.35 44.35 768.87 768.87 6.32 6.32 1,529.00 1,529.00 12.98 12.88 4,450.00 4,450.00 24.00 8.00 9.00 9.00 3.00 9.00 12.00 1,440.00 2,840.48 4,352.48 4,352.48 91.62 91.82 52.17 52.17 100.50 100.50 20.00 2.07 22.07 • City of Eagle Check Register - Transparency Version Page: 5 Apr 08, 2013 12:25pm Date Check No Total 9927 04/08/2013 9928 04/08/2013 9929 04/08/2013 9930 04/08/2013 9931 04/08/2013 9932 04/08/2013 9933 04/08/2013 9934 Total 9934 04/08/2013 04/08/2013 04108/2013 04/08/2013 04/08/2013 Total 9939 Payee Rachel Anderson Recreation Idaho Rim', Inc.- Terry Medley Russeil & Karen Saul Shred -it - USA -Boise Sterling Codifiers, Inc. Summer Lawns, Inc. 9935 Tates Rents 9936 The Independent News 9937 Tom's Welding 9938 TRS Range Services 9939 U.S. Bancorp Equipment Finance 04/08/2013 9940 Verizon Wireless Total 9940 04/08/2013 04/08/2013 04/08/2013 Total 9943 Totals: 9941 West Boise YMCA 9942 West Properties, LLC 9943 Willamette Dental Insurance M = Manual Check, V = Void Check Check Issue Date(s): 03/28/2013 - 04/08/2013 Seq GL Acct No GL Acct Title 1 80-0220-00-00 WATER/SERVICE DEPOSITS 1 15-0449-01-00 MAINTENANCE & REPAIR GROUNDS 1 13-0416-11-00 MECHANICAL INSPECTOR 1 60-0220-00-00 WATER/SERVICE DEPOSITS 1 01-0413-05-00 OFFICE EXPENSES 1 01-0413-28-00 RESOURCE MATERIALS 1 15-0437-21-00 FULL TIME GEN MTNC STAFF 2 18-0437-20-00 GEN MTNC PARKS -PATHWAYS 1 60-0434-58-00 1 09.0463-02-00 1 60-0438-13-00 1 16-0473-01-00 1 12-0416-24-00 2 13-0416-24-00 3 11-0418-24-00 4 14-0418-24-00 5 13-0416-24-00 6 14-0416-24-00 1 01-0418-24-00 WATER REPAIR/MAINTENANCE EAGLE SATURDAY MARKET VEHICLES MASTER PLAN PARKS & PATHWAYS EQUIPMENT LEASING OFFICE EQUIPMENT LEASING EQUIPMENT LEASING OFFICE EQUIPMENT LEASING OFFICE EQUIPMENT LEASING OFFICE EQUIPMENT LEASING EQUIPMENT LEASING 1 11-0413-19-00 TELEPHONE & COMMUNICATIONS 2 13-0413-19-00 TELEPHONE & COMMUNICATIONS 3 60-0434-19-00 TELEPHONE & COMMUNICATIONS 4 15-0413-19-00 TELEPHONE & COMMUNICATIONS 1 01-0422-05-00 MAYOR'S YOUTH ACTION COUNCIL 1 01-0413.05-00 OFFICE EXPENSES 1 12-0217-07-00 CLERK DEPT HEALTH INSURANCE 2 14-0217-07-00 P&Z DEPT HEALTH INSURANCE 3 08-0217-07-00 LIBRARY HEALTH INSURANCE 4 16-0217-07-00 HEALTH INSURANCE 5 60-0217-07-00 WATER DEPT HEALTH INSURANCE Seq Amount Check Amount 22.07 75.00 144.72 2,603.53 75.00 70.53 1,051.00 5,000.00 9,527.09 14,527.09 15.68 208.00 162.50 1,720.00 39.81 39.81 39.81 39.81 39.81 39.78 201.75 440.58 52.24 69.72 199.19 39.72 360.87 1,000.00 59.40 42.81 135.44 85.50 76.09 9.13 348.77 309,541.39 75.00 144.72 2,603.53 75.00 70.53 1,051.00 14,527.09 15.68 208.00 162.50 1,720.00 440.58 380.87 1.000.00 59.40 348.77 309, 541.39 1 City of Eagle Check Register - Transparency Version Page: 6 Apr 08, 2013 12:25pm Check issue Date(s): 03/28/2013 - 04/08/2013 Date Check No Payee Seq GL Acct No GL Acct Title Seq Amount Check Amount Dated: Mayor: City Council: M = Manual Check, V = Void Check 1 I Ns EAGLE ROAD PROPOSED IMPROVEMENTS FOR EAGLE ROAD, SH 44 TO PLAZA DRIVE s�- 0' 15' 30' 60' 90 MEI— __ DECEMBER 3.2012 -413,1 Cfar arnr.0. .•d, a .6 .0 - ..1-111 _i a -Li .Jim r PROPOSED MEDIAN CURB • l At ' 1- •J1 41 I PROPOSED TRAFFIC SIGNAL AND PEDESTRIAN RAMP IMPROVEMENTS • • 1.1 ALBERTSONS. ,> AV:. .0 % Viol ..,yw,_ -- .. 1Im ,01 O. ._ ....' r ►;taJ EAGLE ROAD, STATE STREET TO SH 44 2007-2011 CRASH HISTORY Armo-% yomm-- 0 10' 60 20' 180' DECEMBER 3. 2012 �,. 4",? , AC HD 2007-2011 CRASH HISTORY CRASH TOTAL INJURY CRASH 46 15 29 7 2 4 1 0 CRASH TYPE REAR -END ANGLE TURNING ANGI F SIDE SWIPE SAME DIRECTION TJRNING OFF ROAD HEAD ON TOTAL 4 5 97 3 28 PDO CRASH 31 22 7 3 2 69 LEGEND INJURY CRASH • REAR -END • • ANGLE TURNING ANGLE • SIDE SWIPE • • OFF ROAD • • HEAD ON PDO CRASH REAR -END ANGLE TURNING ANGLE SIDE SWIPE OFF ROAD HEAD ON • SAME DIRECTION Et IRNING Sharon Berjmann From: Sharon Bergmann Sent: Wednesday, April 10, 2013 3:38 PM To: Jim Reynolds Subject: Sign Up Sheet Mayor— do you have the Public Hearing Signup Sheet from last nights meeting? Sharon X. Bergmann, CMC City Clerk/7reasurer City of Eagle 66o E. Civic Lane P.O. Box 1520 Eagle, Idaho 83616 c/-9--15 1 RECEIVED & FILED CITY OF EAGLE APR 0 9 2013 File: Route to• EAGLE CITY COUNCIL Brian Schlador 6620 N Fox Run Ave, Meridian, ID 83646 April 9th, 2013 cAD 10 MY OBJECTIVES — Landscaping berm along eastern border of the proposed project — Resolve traffic issues now versus waiting for problems later — Protect my home value WHAT HAVE WE DONE — Provided three proposals for traffic • Relocating the light to the half mile marker • Reducing project density and allowing connectivity to our neighborhood • Allow access to the existing light and remove our access. We would use the roads to be added via the Brighton project to our north. — Meet with M3 representatives — Contacted M3 via our legal counsel — Meet with ACHD and ITD