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Minutes - 2002 - City Council - 11/26/2002 - Regular ORIGINAL EAGLE CITY COUNCIL Minutes November 26,2002 PRE-COUNCIL AGENDA 6:30 p.m. -7:30 p.m. 1. Planning&Zoning Commissioner, Scott Nordstrom, will address the Council regarding the Commissions desire to hire a consultant. (10 minutes) Scott Nordstrom provides Council an overview of the Idaho Power issue that came before the Planning and Zoning in regards to overhead power poles along the alternate route. Scott discusses the need to hire a consultant to study underground lines and other options that could be available. General discussion. John Franden,Planning and Zoning,the only thing I want to add is that Bill Clark and the major landowners along the alternate route spoke at the hearing. Bill Clark stated that they would never have gone ahead with their project if they had known about the power lines. General discussion. Layne Dodson,Idaho Power, we would like to have input with the consultant. From the company standpoint I think we are going where we need to go. This is a complicated issue. With the City on board it does open up some other options to look at. I think this is a great way to go. General Council discussion. 2. Introduction of Stacy Gobel,Eagle's Asset Builder. (5 minutes) Mayor introduces Stacy Gobel,Eagle's Asset Builder that the City is sharing with the Boise YMCA. Stacy discusses her background and discusses the asset builder program. Starting next week I will be in Eagle more. I have been doing training so far. I will be working in Eagle schools. General discussion. 3. Tal Trautman with Trautman Lawn &Landscape will discuss the Cottonwood trees in Heritage Park and the trimming of street trees. (15 minutes) Tal Trautman, the large cottonwood in Heritage Park is 30% on top are dead branches and it seems to drop back every year. Big trees don't do well you lay asphalt around them. The trees are starting to lift the sidewalks and brick pavers. There is also the potential to damage the vaults. I think the big tree is probably hollow inside because we have had some problems with honeybees. I think we need to actually remove one or all three trees in order to plant new trees. These trees cause a major problem with the fountain. General discussion. Council concurs to take the trees out and clean the root area up and then plant trees that are clean as far as what they drop and the root structure would also be important. The tree canopy is also important. Council would like to have the trees taken out during the winter. Street trees. We have been pruning the trees. General discussion on yearly trimming of the trees. 4. Mayor and Council's Report: Sedlacek: I'm getting calls about the weeds on the lot between Wright Brothers and the Chinese Restaurant on State Street. Discussion on the action taken by the City. The weeds are in the right-of-way. Zoning Administrator will follow up with ACHD. Discussion on the dirt Wright Brothers has piled on the Oppenheimer's corner lot across the street. Discussion on recourse if no response to letters sent by the City. Eagle Sewer District: The candidates for the Board are Ron Bath,Jim Brooks, Brad Herrick and Bob Harryman. The Board will be meeting with the candidates on December rd. Eagle Volunteer Fire Department and the Chamber would like to get on a pre-council agenda to discuss Eagle Fun Days and using Merrill Park for the breakfast and the nut feed. Page I K:COUNCIL'M1NU]ES\Temporary Minutes Work Area CC-I1-26Mnun.doc Chamber of Commerce and Economic Development Committee are going to have a meeting on December 19th at Tern Bath's house at 6:00 p.m. I have asked staff to put this on the City calendar. Senior Citizen Board elections are December 3rd. Discussion on Council meetings for December. Regular Council meetings for December are on the 10th and 17`s. Discussion on the ACHD joint meeting on December 3rd. Council concurs that this meeting is not necessary. Discussion on the December 30th joint meeting with P&Z and DR. Council would like to postpone this meeting until after the first of the year. Bastian: Discussion on the Library looking for a new director. Discussion on splitting the costs of the advertising, interviewing and the moving costs with the Library. Council concurs on splitting the advertising costs and waiting to see what other costs may be incurred. Merrill: Merrill Park is coming along. The climbing wall is up. Discussion on the soft wood surface in the restrooms. Parks and Pathway met last week and received their Statement of Interest books. They will be narrowing the applicants to two on December 11th. I have had calls from kids on the BMX track at the Ada County Park. General discussion. Report on the Governor's Blue Ribbon Committee. General discussion. Visionary Committee is still meeting. We are getting real close on the signs. We have two more meetings. This has been a good process. We need to make sure that the public hearing signs are taken down when they are no longer needed. I would like Larry Sales,ACHD,to look into the hearing on Mace Road. Guerber: No Air Quality Meeting. The ITD Board meeting is on December 12th. Lets Talk Trash Committee. The people who expressed interest are being contacted for a meeting on December 18th. We will probably have two meetings and then bring it back before Council. 5. City Engineer Report: Moved to end of agenda 6. City Clerk/freasurer Report: Moved to end of agenda 7. Zoning Administrator's Report: Moved to end of agenda 8. City Attorney Report: Moved to end of agenda REGULAR COUNCIL AGENDA: 7:30 p.m. 1. CALL TO ORDER: Mayor Yzaguirre calls the meeting to order at 7:40 p.m. 2. ROLL CALL: BASTIAN,MERRILL, SEDLACEK, GUERBER. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE: 4. 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 Page 2 K:`COUNCIL'M1NUTEg\Temporary Mines Work Arta\CC-11-26-02nu¢doe 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. • All design review applications will be appealed by the Zoning Administrator to the City Council for their review and approval. A. Claims Against the City. B. Minutes of November 12, 2002. C. Minutes of November 19,2002. D. DR-48-02-Deck and Building Addition and Change of Use to include a Coffee Bar for Rembrandts(within the Old Baptist Church Facility) - Jeremiah Properties: Jeremiah Properties, represented by Bruce Poe with Cole Associates Architects,is requesting design review approval to construct a 3,412- square foot addition to the existing building,to create a plaza area with the construction of a deck,and to change the use of a portion of the building to include a coffee bar for Rembrandts(within the Old Baptist Church facility). The site is located at the northwest corner of Eagle Road and Aikens Road at 93 South Eagle Road. (WEV) E. DR-52-02- Construct a Second Drive-up Service Lane,To Install an Automatic Teller Machine with Associated Drive-up Lane,for the Parking Layout,and Site Landscaping for Pioneer Federal Credit Union-Pioneer Federal Credit Union: Pioneer Federal Credit Union, represented by Phil Hull with The Land Group, is requesting design review approval to construct a second drive-up service lane and to install an automatic teller machine with associated drive-up lane at the existing Pioneer Federal Credit Union. This application is also for the parking lot layout and site landscaping. The site is located on the northeast corner of State Street and Stierman Way at 560 East State Street. (WEV) F. DR-55-02- Monument Sign for Eagle Counseling Center-Stephanie and Brent Hadley: Stephanie and Brent Hadley are requesting design review approval for a monument sign for the Eagle Counseling Center. The site is located on the east side of Academy Avenue within the Casa Escuela Subdivision at 136 South Academy Avenue. (WEV) G. DR-57-02 Monument Sign for The Lettuce Leaf Restaurant—Kathryn Wilson: Kathryn Wilson is requesting design review approval to construct a monument sign for The Lettuce Leaf Restaurant. The site is located on the north side of State Street approximately 100-feet east of 2M Street at 342 East State Street. (WEV) H. DR-58-02—Common Area Landscaping within Brookwood Subdivision No. 7—Aries Development LLC: Aries Development LLC,represented by Phil Hull with The Land Group, is requesting design review approval of the common area landscaping within Brookwood Subdivision No. 7. The site is located north of Floating Feather Road and east of Eagle Road. (WEV) Bastian removes Item#4B from the Consent Agenda Merrill removes Item#4D from the Consent Agenda Page 3 KCOUNCIL MINUTES\Tengorary Minute,Work Area\CC-I1-26-02nuadoc Sedlacek moves to approve the amended Consent Agenda. Seconded by Merrill. ALL AYE: MOTION CARRIES 4B. Minutes of November 12,2002. Mayor introduces the issue. Bastian: There needs to be a correction on Page 6. The minutes should state: The Library Board Chairman will be sending each of you an e-mail to respond to the Library Board. Bastian moves to approve the minutes of November 12,2002,with the corrections. Seconded by Guerber. ALL AYE: MOTION CARRIES 4D. DR-48-02- Deck and Building Addition and Change of Use to include a Coffee Bar for Rembrandts(within the Old Baptist Church Facility)-Jeremiah Properties: Jeremiah Properties,represented by Bruce Poe with Cole Associates Architects, is requesting design review approval to construct a 3,412-square foot addition to the existing building, to create a plaza area with the construction of a deck,and to change the use of a portion of the building to include a coffee bar for Rembrandts (within the Old Baptist Church facility). The site is located at the northwest corner of Eagle Road and Aikens Road at 93 South Eagle Road. (WEV) Mayor introduces the issue. Merrill: The reason I pulled this off is that Mr. Poe is here tonight and he does have a mock up and I would like Council to see what is going on this property. General discussion. Bruce Poe,Cole Associates Architects,discusses the alley vacation and shows the council the mock up of the development of the site. Discussion on the location of the irrigation ditch. General discussion. Merrill moves to approve DR-48-02-Deck and Building Addition and Change of Use to include a Coffee Bar for Rembrandts(within the Old Baptist Church Facility). Seconded by Guerber. ALL AYE: MOTION CARRIES Merrill moves and to hear Items#8A and B together and to hear Item#6C as Item#811 and to add several items to the Agenda: Under New Business as Item#8L.Discussion on hiring a consultant in regards to the Idaho Power poles being proposed; #8M.Heritage Park Change Orders;#8N.Discussion on the cottonwood trees in Heritage Park and#80. Discussion on the Zoning Administrator waiving the 45 days for Ada County. Seconded by Sedlacek. ALL AYE: MOTION CARRIES 5. FINAL PLATS: None 6. UNFINISHED BUSINESS: A. ORDER TO SHOW CAUSE: Robert DeShazo shall be given the opportunity to present a specific course of action and time line to bring code violations at 846 N. Eagle Road and 10255 Horseshoe Bend Road into compliance with Eagle City Code. This item was continued from the November 12, 2002 meeting. (WEV) Mayor introduces the issue. Zoning Administrator Vaughan: Darrel and I have been talking. They need additional time to prepare a landscape plan. I have talked to Darrel about the screening requirements and the landscape design. Darrel has conferred with Pete Cintorino about the landscaping and I have talked to Pete. They want to do the minimum but I do not want to do the design for them. This is the reason for the request for the continuance. Page 4 K:COUNCIUMINUTES\Tenporary Minutes Work Area1CC.11-26-02im¢doc Bastian moves to continue to the Order to Show Cause to the December 10,2002,City Council meeting. Seconded by Merrill. Discussion. ALL AYE: MOTION CARRIES B. Resolution No.02-13: A resolution of the City of Eagle,Ada County, Idaho, approving the execution of a municipal real estate lease purchase agreement,between the City of Eagle and Wells Fargo Brokerage Services LLC; authorizing the Mayor and City Clerk to execute and attest the municipal real estate lease purchase agreement; and providing an effective date. This item was continued from the November 12, 2002 meeting. Mayor introduces the issue. City Attorney Buxton: Last week we received a copy of a lawsuit filed against that parcel from somebody who owned a different parcel of property in the subdivision that had a lien place on it. The lawyer for the people liening the property encumbered the entire subdivision including the lots that had nothing to do with the lien. We are working to have the lien released,as the bank would like to see this lien released before we proceed with entering into the Resolution. General discussion. I Merrill moves continue Resolution No.02-13 to the December 10,2002,City Council meeting. Seconded by Bastian.ALL AYE: MOTION CARRIES C. Discussion regarding the Chase Well Agreement: Mayor: The City Engineer,Vern Brewer,has requested that this item be continued to later in the Agenda. This item is to be heard at Item#8B. 7. PUBLIC HEARINGS: A. RZ-10-98/CU-9-98/PPUD-2-98/PP-8-98 MOD-Quarter Circle Ranch Planned Unit Development(Two Rivers)Modification —T.R.Company L.L.C: T. R. Company L.L.C., represented by Dan Torfin,is requesting a second public hearing to present additional information regarding private streets and gated streets,as an amendment to the modification of the conditional use,preliminary development plan,and preliminary plat for Quarter Circle Ranch (now called Two Rivers)planned unit development. The site is generally located on the west side of Eagle Road approximately 1600-feet south of Island Woods Drive. (WEV) Mayor introduces the issue and opens the Public Hearing. Mayor swears in Dan Torfin. Dan Torfin,representing T.R. Company,displays an overhead of the site plan for Two Rivers, and provides an overview of the development and the modification. General discussion. Dennis Baker, developer of Two Rivers, discusses the private road issue, the Chevron Pipeline and the connectivity to Mace Road. We are providing additional public parking. General discussion. Zoning Administrator: No report Mayor closes the Public Hearing Council discussion. Sedlacek moves to modify the motion for the original approval; RZ-10-98/CU-9-98/PPUD- 2-98/PP-8-98 MOD- Quarter Circle Ranch Planned Unit Development(Two Rivers) Modification with the following changes: The two streets specifically Rivermoor and rages K:\MUNCH-WIMPLES\Temporary Minutes Work ArtaCC-I I-26-02ss1 doc Rivermont will be allowed to be private,gated communities with the stipulation that they are 36' wide as presented by the applicant tonight and that the public access will be the same width for public parking at the trailhead. Seconded by Merrill. Discussion. Sedlacek amends the motion to approve the gate at the Southerly cul-de-sac. Seconded concurs. TWO AYES: TWO NAYS:MAYOR:AYE: MOTION CARRIES Mayor calls a recess at 8:50 p.m. Mayor reconvenes at 9:05 p.m. B. PP-5-02/FP-14-02-Merrill Subdivision No.3(Rocky Mountain Business Park)—Dave Evans Construction:Dave Evans Construction, represented by Anna Powell with B &A Engineers,is requesting combined preliminary plat and final plat approval for Merrill Subdivision No. 3 (a re-subdivision of Lot 13,Block 3, Merrill Subdivision No. 2, formally known as Rocky Mountain Business Park). The 1.19-acre,4-lot commercial subdivision is located on the southwest corner of East Iron Eagle Drive and South Fitness Place at 461 South Fitness Place. (WEV) Mayor introduces the issue and opens the Public Hearing. Mayor swears in Anna Powell Anna Powell,B &A Engineers,representing the applicant, displays an overhead of the preliminary plat and the final plat and discusses the same. Zoning Administrator Vaughan: This application complies with Eagle City Code to combine a Preliminary Plan and Final Plat in one process. General discussion. Mayor closes the Public Hearing. Guerber moves to approve PP-5-02/FP-14-02-Merrill Subdivision No.3(Rocky Mountain Business Park). Seconded by Bastian. ALL AYE: MOTION CARRIES C. VAC-4-02-Vacation to the final plat of Aikens Second Addition to Eagle—Jeremiah Properties: Jeremiah Properties,represented by Bruce Poe with Cole Associates, is requesting City approval to vacate the public alley right-of-way from the final plat of Aikens Second Addition to Eagle. The alley right-of-way is located approximately 150-feet south of State Street within Aikens Second Addition to Eagle, generally located on the northwest corner of the intersection of Eagle Road and Aikens Street. This item will be continued to the December 10, 2002 meeting. Mayor: I would entertain a motion to continue this item to the December 10, 2002, City Council meeting. Guerber moves to continue VAC-4-02-Vacation to the final plat of Aikens Second Addition to Eagle to the December 10,2002, City Council meeting. Seconded by Sedlacek. ALL AYE: MOTION CARRIES D. ZOA-5-02(Proposed Ordinance No.433)—City of Eagle: An ordinance for the City of Eagle,Idaho, amending Eagle City Code,Title 8"Zoning",Chapter 2"Zoning Districts and Map",Article A"DR Design Review Overlay District", Section 8 "Sign Regulations",creating a new subsection N, providing for penalties for violations of the sign ordinance; and, amending section 13 (A)"Procedure For Approval"to dispense with the requirement that public hearings be conducted for board level design review applications providing an effective date. (WEV) Mayor introduces the issue. Zoning Administrator Vaughan: discusses the proposed changes to the City Code. Page 6 K:COUNCIL'MINUTES\Temporary Mauna Work An\CC-11-2602ndadoc General discussion on the proposed changes. Bastian moves to continue ZOA-5-02(Proposed Ordinance No.433) City of Eagle to the December 10,2002,City Council agenda with the Public Hearing left open. Seconded by Merrill. Discussion. ALL AYE: MOTION CARRIES 8. NEW BUSINESS: A. Review of application and brochures for the Merrill Park Public Art project.This item was forwarded by the Eagle Arts Commission. Review and action on the proposal submitted by Crane Johnson for an Elementary School Ouilt Project. This item was forwarded by the Eagle Arts Commission. Mayor introduces the issue. Bastian moves to approve application and brochures for the Merrill Park Public Art Project and the proposal submitted by Crane Johnson for an Elementary School Quilt Project. Seconded by Sedlacek. Discussion. ALL AYE:MOTION CARRIES B. Discussion regarding the Chase Well Agreement: Mayor introduces the issue. Vern Brewer,Holladay Engineering,discusses the letters in regards to the Chase Well Agreement and the negotiations with the other Protestants. Discussion on the attomey's fees should be done in Executive Session. On the Chase Well Agreement all issues have been agreed upon except for the attomey's fees. General discussion. Bastian moves to add an Executive Session to the Agenda as Item#9 for the purpose of discussing litigation. Seconded by Merrill. ALL AYE:MOTION CARRIES C. Review and action regarding change order No.8 submitted by Jensen Belts Associates for the Merrill Park project. (SKM) D. Review and action regarding change order No.9 submitted by Jensen Belts Associates for the Merrill Park project.(SKM) E. Review and action regarding change order No. 10 submitted by Jensen Belts Associates for the Merrill Park project.(SKM) F. Review and action regarding change order No. 11 submitted by Jensen Belts Associates for the Merrill Park project.(SKM) G. Review and action regarding change order No. 12 submitted by Jensen Belts Associates for the Merrill Park project.(SKM) H. Review and action regarding change order No. 13 submitted by Jensen Belts Associates for the Merrill Park project.(SKM) Mayor introduces Item#C,D,E,F,G and H. Merrill: We have discussed several of these change order previously. Discussion on the change orders. Bastian moves to approve Change Orders No.8,9, 10, 11, 12 and 13 for Merrill Park. Seconded by Merrill. Discussion. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: NAY: THREE AYES: ONE NAY:MOTION CARRIES Page 7 K:C00NCILWIINUTES\Temporary Mmaw Work Area CC-I I-26-02n.iadoc I. Review and action regarding participation in AIC's proposed online compensation survey system. (SKM) Mayor introduces the issue. City Clerk Moore: The online compensation survey system was presented at the Clerk's Institute in September. I'm bringing it to your attention to see if you want to participate. The cost to the City would be$200 a year. General discussion. Merrill moves to approve the participation in AIC's online compensation survey system. Seconded by Bastian. Bastian: AYE;Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES J. Discussion regarding recommendations from the COMPASS Restructure Conunittee.(RY) Mayor introduces the issue and would like to see this come back on a later agenda. Guerber moves to continue Item#8J at a Council meeting at which the Mayor feels it is appropriate to add the matter to the agenda. Seconded by Bastian. Discussion. ALL AYE: MOTION CARRIES K. Discussion of purchase of water shares.(LS) Mayor introduces the issue. Sedlacek: Discusses the purchase of the water shares. We need to have a place to use these water shares if we purchase the. I don't know if we have a delivery system to use this water at the Hill Road Park and I don't know the legality of using the water at the Ada County Park. City Attorney: Discusses the uses and where the City can use the water. It is our recommendation that you purchase these water shares as soon as possible. I believe the$400 per share is reasonable. General discussion. Sedlacek moves to purchase from Dick Phillips the 4.5 shares of water at$400 per share. Seconded by Merrill. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE:MOTION CARRIES Council directs the City Clerk to call Stacy with Dick Phillip's office and purchase the 4.5 shares and send a check for the payment. L. Discussion on hiring a consultant in regards to the Idaho Power Poles. Mayor introduces the issue. Merrill moves to direct staff to move forward and hire a consultant to study the Idaho Power Pole issue and to look at the alternatives to underground lines and the financing for such a project. Seconded by Sedlacek. Discussion. ALL AYE: MOTION CARRIES Council concurs that the funds for this consultant will come from SAG#8. M. Heritage Park Change Orders: Mayor introduces the issue. Merrill discusses the proposed change orders. The sidewalk and the trash enclosure gates are required by Eagle City Code. The proposed lock mechanism for the restroom door needs to be discussed. I would like to take a look at the lock mechanism for the restroom and get more information. We are proposing to have these types of locks at Merrill Park. Page S K:\COUNCdUfINUTES\rengorary Minutes Work Are&CC-11-2602mi duc General discussion. Guerber moves to approve Heritage Park Restroom additional expenses up to$1,600 to put in the sidewalk and up to$1,500 to install the trash enclosure gate. Seconded by Merrill. Discussion. ALL AYE: MOTION CARRIES N. Discussion on the cottonwood trees at Heritage Park. Mayor introduces the issue. Merrill moves to have staff get a bid from the company that removed the tree in Plaza Park and award the bid to the lowest bidder. Seconded by Guerber. Discussion. ALL AYE: MOTION CARRIES Council discussion on the replacement trees. O. Discussion on the Zoning Administrator waiving the 45 day transmittal period for Ada County. Mayor introduces the issue. Zoning Administrator Vaughan: Ada County has request a waiver of the 45 day transmittal period for approval of the FEMA maps. General discussion. Merrill moves to direct Staff to write a letter to Ada County Planning and Zoning to waive the 45 day transmittal period. Seconded by Sedlacek. ALL AYE: MOTION CARRIES Larry Sales,ACHD liaison to the City,discusses a meeting with the County Landfill and the possibility of a land exchange. Discussion on moving the gravel at the Hill Road property. Mayor calls a recess at 10:10 p.m. Mayor reconvenes at 10:20 p.m. 9. Executive Session for the discussion of Litigation. IC 67-2345(f) Bastian moves to go into Executive Session for the discussion of litigation. Seconded by Guerber. Bastian: AYE;Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES Council discusses threatened litigation During Executive Session the City Attorney and the City Engineer were asked to leave and Mike Case was invited into the Executive Session. Mike Chase,representing the Chase Estate, is included in the Executive Session discussion. Council leaves Executive Session. General discussion. Guerber moves to send a letter to the Chase family with a copy to their attorney indicating our agreement that we would provide service to the house and the dairy as discussed and that we would handle the pump test monitoring,that we would pay additional power if necessary on the main pump should it be necessary to pump additional footage out of that well. That we will provide a pipe from the main pump to the lower portion of the farm in acknowledgement of the small well below. That we will reimburse$12,000.00 in attorney's fees and all of these items would result in withdrawal of the protest to the City well with the Department of Water Resources. Seconded by Merrill. Discussion. Guerber amends the motion to include: Clarification on the Record: In the November 16,2002 Matt J. Page 9 K;COUNCIDMINUTFS\Temporary Minutes Work Area\CC-11-26-02n®.doc Howard letter,item#1 refers only to the residence and that the motion is subject to the City Attorney's final approval. Bastian,AYE: Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES General discussion. Pre-Council Reports: City Engineer Report: No report Zoning Administrator's Report: Discusses the landscaping at the corner of Eagle Road and Alternate Route. Albertson's has declined to pay a third of the cost. They did agree to do the maintenance with their current maintenance crew. Council has set aside $5,000 for this project. Due to budget restraints I am trying to get the cost down to$10,000 and see if Pete would still be willing to put in $7,000. General discussion. Discusses the process of how Ada County applications are handled. General discussion. Displays overheads of the berms and discusses whether this meets certain conditions of approval for Arbor Ridge Subdivision. General discussion. Discussion on the Eagle Hotel. Provides Council an overview of the development history of the hotel. General discussion. City Clerk/Treasurer Report: You have already discussed most of my issues. I do need to know how many will be attending the Chamber meeting on December 19th. If there is a quorum I need to post an agenda. All of Council will be attending,an agenda needs to be posted. City Attorney Report: No report 10. ADJOURNMENT: Bastian moves to adjourn. Seconded by Merrill. ALL AYE: MOTION CARRIES Hearing no further business,the Council meeting adjourned at 11:40 p.m. Respectfully submitted: o••,",,,EA.gq,.i C_ #�• 4,oc.....QL\ SHAR NK. MOORE tv& 4Q0RAr� t CITY CLERK/TREASURER g ; . a ; APPROVED: ;.� ST' t0 A. RIC MAYOR • Page 10 K:COUNCLL.NUNUTPS\Temporary Mantes Work Area\CC-11-26-02mmdoc Quarter Circle Ranch 11/26/2002 1 Page 1 1 i 1 1 1 THE CITY OF EAGLE 1 CITY COUNCIL MEETING NOVEMBER 26, 2002 1 PUBLIC HEARING A 1 1 1 TRANSCRIPT OF AUDIO RECORDED PROCEEDINGS i C 1 7, D cn 1 O ' rn Transcribed by Debora Ann Kreidler 0 1 CSR No . 754 C) ;II 1 Tucker & Associates , 605 W. Fort St. , Boise, ID 83702 (208) 345-3704 IQuarter Circle Ranch 11/26/2002 Page 1 1 Page 3 I1 1 Now that we got that out of the way. You're 2 2 going to tell the truth at least. 3 3 MR. TORFIN: I'm going to tell the truth. 5 4 And thank you for the opportunity to do that. 5 5 I'm going to do a brief presentation and 6 6 just discuss the specific topic that's before us I 7 7 tonight, which is Two Rivers. And then I would e 8 like to, after my presentation, if I could, 9 9 introduce Mr. Baker to the mayor and council for a 10 THE CITY OF EAGLE 10 few comments from him. 11 CITY COUNCIL MEETING 11 We are here tonight to talk about Two 12 NOVEMBER 26,2002 12 Rivers. Two Rivers is-- it's a master plan. 13 PUBLIC HEARING A I 14 13 It's a planned unit development that was designed 14 with four neighborhoods in mind. And what we-- 15 15 what we have is all the way from patio homes-- 16 16 the PUD allowed us--the benefits of the PUD I 17 18 TRANSCRIPT OF AUDIO RECORDED PROCEEDINGS 17 ordinance in the City of Eagle really isn't for 19 18 density bonuses. It's really to--the benefit 20 19 that we achieve up there is to get a I 21 20 diversification of housing types. And with that, 22 21 if-- if that is the goal--it is a goal of the 23 22 City and it was a goal for us--you do have to-- 1 24 Transcribed by 23 in a low density zone,you do have to add Debora Ann Kreidler 24 additional offsetting open space. 25 CSR No.754 25 So we have--we have a development that is IPage 2 Page 4 1 ---oOo--- 1 low density and it does cater to four separate I 2 THE CHAIRMAN: Public hearings. 7-A is 2 housing types. And one is the carriage homes, 3 RZ-10-98/CU-9-98/PPUD-2-98/PP-8-98 MOD. Quarter 3 which are also known as patio homes,custom home 4 Circle Ranch PUD is requesting a second public 4 sites--and I started, I guess, in the lower I 5 hearing to present additional information 5 range, which is the more affordable housing in 6 regarding private streets and gated streets as an 6 this plan. And they start in the$200,000 range. 7 amendment to the modification of the conditional 7 We move up to the custom home sites,which this 8 use,preliminary development plan and preliminary 8 area has been developed now. And those homes I 9 plat for Quarter Circle Ranch,now called Two 9 start in the high 200s and go into the mid 600s. 10 Rivers PUD. The site is generally located on the 10 The next area is in here. And these are luxury 11 west side of Eagle Road approximately 1600 feet 11 lots. And they're the next step up in price I12 south of Island Woods Drive. 12 range. The high end of Two Rivers includes this 13 I'll hear from the applicant first,then the 13 area here,the large estate lots and then these-- 14 staff. 14 these two cul-de-sacs right here that are on the 1 15 Do you need a--something to put that on? 15 river. 16 MR.TORFIN: I'll leave it up here for 16 And so I guess my point in all that is that 17 Mr.Baker. 17 we have--we have a development that's framed in I 18 THE CHAIRMAN: Okay. I can swear you in,19 Dan,when you're ready. 18 by two areas that the private streets are 19 important to. And one is the patio homes and one 20 MR.TORFIN: Okay. Mr.Mayor,members of 20 are these estate lots. We have developed a I 21 the council,I'm Dan Torfin,representing TR 21 portion of this already with the private streets. 22 Company. 22 And we specifically designed Two Rivers to cater 23 THE CHAIRMAN: Okay. 23 to all those markets. We're in a--we're in a-- 24 (Dan Torfin sworn to tell the truth.) 24 I guess an aesthetically pleasing area. And just I25 THE CHAIRMAN: Thank you. 25 by the nature of the zoning,the PUD ordinance, 1 (Pages 1 to 4)I Tucker & Associates, 605 W. Fort St. , Boise, ID 83702 (208) 345-3704 Quarter Circle Ranch 11/26/2002 111 Page 5 Page 7 1 this is considered, maybe,a very high-end 1 How wide? I 2 project,even the diversification, at the same 2 MR.TORFIN: 36 feet on these two 3 time providing a diversification. j 3 cul-de-sacs here. The other cul-de-sacs,the 4 The private streets for these two areas mean 4 motion--actually,this--the status right now 5 privacy, security and also control and stability 5 is this is approved as a private street with a 6 for property values. In the-- in these areas 6 minimum 28-foot travel way. We also presented 7 here and in this area,which--which we've 7 information that the parking,there would be 8 developed,this is--this area in here is where 8 some--I'm going to call them nodules of parking 9 people are willing to come in and build multi -- 9 that will be incorporated into the landscaping to 10 million dollar homes and possibly 10 provide guest parking. Or--or that we will-- 11 multimillion-dollar homes,as well as in here. 11 when we come in with the final plan,we'll have a 12 The security aspect applies--the privacy 12 plan that addresses the parking. And that's in 13 security aspects apply to both areas. You have -- 13 this area and this area as well. And then both 14 you have empty nesters that may live in this area, 14 these--actually at the entrance,these will 15 in these patio homes. But you may as-- also have 15 become--the going out side will be 25 feet and 16 widows,empty nesters,people that travel a lot 16 coming in will be 16 feet with a landscaped island 17 that live in these areas. And so that the 17 in the middle. 18 security in the-- is an important aspect to--to 18 On--another issue that we--that we 19 these private streets. 19 discussed was access. And I just want to point 20 One of the concerns--or one of the 20 out we are proposing--and we talked about this 21 discussion items that we had at our last meeting 21 at our last meeting,that on this petroleum 22 was on the--was on the design standards. And 22 easement we are going to construct a greenbelt, 23 I--we--we believe that these streets-- 23 which will be a public greenbelt. We are also 24 although we do--we do--we are requesting that 24 going to construct a trail that leads to the river 25 they be private streets--can be designed to meet 25 and provides access along the river. We're Page 6 Page 8 1 1 an ACHD standard on--in certain circumstances , 1 proposing that this be a trailhead that provides 2 ACHD will go to a 28-foot-wide travel way, 2 some limited parking. There will also be parking 3 sidewalks on one side. And there are some 3 on this collector road,which will be built to 36 4 limitations on number of units and the length of 4 feet back of curb,back of curb, out with 5 the road. 5 meandering walks that run along here. But this I 6 Actually, I'm going to show the staff 6 will provide a point of access, a trailhead that 7 members. 7 will--that will lead people in this direction or 8 So as far as the design standards,we think 8 to the river. 9 structurally and dimensionally and horizontally, 9 With this concept, we are providing, in our 10 they do meet some standard for the highway 10 minds, adequate access to those public spaces, 11 district. We--and with that,it solves some of I 11 which is the river and the public greenbelt. In 12 the issues with parking. These two--these two 12 addition, in a future phase, we do have the I 13 large cul-de-sacs down here will be designed so i 13 ability, when we get up to this pan where we 14 they can accommodate on-street parking as well as 14 interface with Mace Road to incorporate some 15 the travel ways that are required. And they can 15 additional parking at this end, and--for the 16 be designed to a 36-foot back of curb,back of 16 public. And that's what this is for too is for 17 curb--actually,the curb is a--is a flush 17 the public as well, as well as on-street parking. 18 concrete ribbon. And so we can accommodate on 18 So we've tried to address issues for access for 19 that on the on-street parking,which I don't know 19 the public and the standard that the roads will be 20 if we properly represented that at our last 20 constructed. 21 meeting. 21 The overall count of lots for Two Rivers is 22 COUNCILWOMAN: Excuse me,one more time? 22 371. Out of that,which we are proposing, some-- 23 Are you--so is that what you're proposing? 23 some of the roads are already approved for private 24 MR.TORFIN: Yes. 24 streets. But for the ones we're proposing, which 25 COUNCILWOMAN: How many--how many feet? 25 will be here, here and the two sections over here, 2 (Pages 5 to 8) Tucker & Associates, 605 W. Fort St. , Boise, ID 83702 (208) 345-3704 ill IQuarter Circle Ranch 11/26/2002 Page 9 Page 11 I1 and then the back estate section,were just under 1 restrictions on it. But there's access there. 2 one-third of the lots that would be gated. So 2 And there's also access on the east side of Eagle 3 it's not-- it's not a predominance of the 3 Road. There's a little road that goes down as I 4 project. But it is-- it is part of the project 4 well. 5 that helps us do some of the things that we want 5 COUNCILWOMAN: Thank you. 6 to do,helps us compete in the marketplace. There 6 MR. TORFIN: If--and another point that I I 7 are--there are individuals that do want to come 7 wanted to make is that we have provided in our 8 and build some million--multimillion dollar 8 master association and our subassociations for 9 homes in these areas. 9 mechanisms for funding for the maintenance and I 10 And there is a notion that this becomes 10 repair of these private roads. As you can see, 11 exclusionary, but--and that these people aren't 11 the roads down here are--are smaller. They're 12 necessarily members of the community at large. 12 not--it's not an extensive length of roadway. I 13 But we--we've done some research that really 13 These are small cul-de-sacs. Those mechanisms are 14 shows us the opposite,that we have-- in a lot of 14 in place where we will have reserve funds building 15 cases,you have volunt- -- or retired people that 15 up. And as time goes by, seven,ten years, when 16 live in these communities, individuals that maybe 16 you have to come in and use the maintenance,those I 17 have resources at their dispose that they can 17 funds will be there for the owners of that 18 contribute to--contribute to charitable 18 subassociation to do the required maintenance. 19 organizations and volunteer at schools and 19 COUNCILMAN: May we ask some questions? I 20 hospitals. And that just as an example--and I 20 THE CHAIRMAN: Yes. 21 have the authorization to mention it--the one 21 COUNCILMAN: Where it says the point, 22 individual that lives in the gated section of Two 22 they're at phase 3. I 23 Rivers is a volunteer paramedic. And he is also 23 MR. TORFIN: Yes. 24 currently trying to get a volunteer teaching job 24 COUNCILMAN: That's a private road, isn't 25 at Centennial High School. 25 it? How far does that private road extend? IPage 10 Page 12 1 COUNCILWOMAN: Mr.Dan,if we need emergency 1 MR. TORFIN: This private road right now I 2 vehicle access to the river,do they come in 2 stops here. And there's a temporary cul-de-sac. 3 through the mitigation--I think that's ITD 3 But it will come out to another access point here. 4 mitigation land south view;is that correct? 4 COUNCILMAN: The question I have is that you 111 5 MR.TORFIN: Yes.6 COUNCILWOMAN: Public ownership. 5 can use a private road as a thoroughfare to 6 another property. The public,they use--from 7 MR.TORFIN: Yeah. And I think-- 7 the public road to a private road is a I 8 COUNCILWOMAN: Could they access the river.9 MR.TORFIN: I think there's a road that 8 thoroughfare when there's a public road. How do 9 you respond to that. 10 goes right down to the river-- 10 MR. TORFIN: And we did have those 11 COUNCILWOMAN: Okay. 11 discussions when we went through with this phase. I 12 MR.TORFIN: --by the bridge where the 12 That--our interpretation of that portion of the 13 kennels used to-- 13 ordinance was that if Mace Road didn't exist and 14 COUNCILWOMAN: Right. 14 you were in this section and that Mace Road 15 MR.TORFIN: --used to be,right. This map 15 stopped here and this private road was the only I 16 here doesn't show it,but it's down in this area. 16 thing that linked it to another public road,but 17 COUNCILWOMAN: We want to know,is that 17 where this is a collector, and that--that is I 18 public ownership? Is that ITD mitigation rated.19 MR.TORFIN: It's,yes,state mitigation 18 not--it is having access out of the two public 19 roads,but it doesn't--it's not the only link 20 ground. 20 from one public road to another. And that--we 21 COUNCILWOMAN: Okay. Thank you. 21 did have a discussion during that phase of the I 22 MR.TORFIN: That isn't--and that's an 22 project. 23 important point,because there are--there are 23 I guess a final point to add is that we do 24 other points of access along here. It is ITD ; 24 meet--we believe we meet the provisions of the I25 mitigation ground. There might be some 25 private street ordinance. And that these do not 3 (Pages 9 to 12) Tucker & Associates, 605 W. Fort St. , Boise, ID 83702 (208) 345-3704 Quarter Circle Ranch 11/26/2002 1 1 Page 13 Page 15 1 interrupt the transportation flow. We are 1 enables us to reach those markets and to better I 2 building probably more collectors than we need to, 2 define them and to kind of, in a way, bring them 3 but I just--I liked how that--the design 3 together, but isolate them at the same time in the 4 worked. This is a collector. This is a 4 sense that the price point is different and I 5 collector. And this is a collector. Eagle's 5 geographic somewhat changed with them. The 6 comprehensive transportation plan shows one 6 collector roads both running--running west from 7 collector for here. But we felt it was important 7 Eagle Road, then alternating to go north and go 8 for future development that ties into our project 8 south,we kept those collectors back down to South 9 to have these collectors. And so I believe the 9 Channel Road to the south and north to Mace Road. 10 transportation is superior. These private streets 10 And in doing so,we were designing to those 11 will not be a detriment to the City of Eagle. 11 communities that we were setting up and the price 12 They'll actually add value to the City of Eagle. 12 points that were there, or the markets that are 13 And if I may, I'd like to introduce 13 there. And I think it's our feeling,just Dan and I 14 Mr. Baker now. 14 I, in thinking about this,that it--that to lay 15 THE CHAIRMAN: Okay. He let me be used. 15 out the corridor-- 16 But-- 16 And Dan,where is that--where is that 17 Would you raise your right hand, sir? 17 board, right here? Kind of just locked me in. I 18 (Dennis Baker sworn to tell the truth.) 18 didn't know what was going on there. 19 THE CHAIRMAN: Can I have your name and 19 Using this aerial, if I can get it right 20 address for the record? 20 side up here--and I don't know if you can see I 21 MR. BAKER: Dennis Baker. And my address is 21 it. It's kind of dark in here, but we'll get some 22 250 South Beechwood in Boise. 22 light on it. But here,this is the--this is the 23 THE CHAIRMAN: That's-- 23 Island Woods development. This is the Two Rivers 24 MR. BAKER: Actually, I live right close to 24 development. Here you can see traces or remnants 25 mayor, sir. 25 of what we are creating here with that greenbelt Page 14 Page 16 1 THE CHAIRMAN: I see. 1 along the Chevron pipeline. And the way it lines 2 MR. BAKER: We're neighbors across the 2 up here, coming past the Talon Place here,we're 3 Ridenbaugh. We see out--we see clear out here. 3 actually crossing--actually crossing the way the 4 Sorry to take that time. 4 pipeline crosses on the northwest, southeast 5 Thank you for taking your time to allow us 5 alignment and connecting to--I'm sorry that 6 to come back before you. I hope that standing 6 we're doing this and you can't see out in the 7 this close to Councilman Guerber, I don't get-- I 7 audience. We can turn it around in a minute. 8 don't get the bell to go off. I'll go as fast as 8 But the way that pipeline crosses the old 9 I can. I'm old and I need consideration. 9 Mace piece here at the horse pasture, and travels 10 I appreciate this time. It's unusual. And 10 to the bench here, it makes it a connectivity out 11 we know that. And we're grateful for the 11 to Mace Road and then down to--down to Eagle 12 opportunity to come back and just address this 12 Island State Park, a really nice pathway system I 13 private road issue. I think it is an issue, 13 that can be in place once entitlements are worked 14 perhaps,within Eagle and perhaps most cities to a j 14 out on the other piece over here at a later date, 15 degree. And we feel, Dan and I,as we laid this ! 15 perhaps. But certainly the plan is to continue 16 out and as Dan really laid it out several years 16 that linkup to the river. We could stop it here 17 ago and did the design work on this,that what 17 as you come across--come to Eagle Road and 18 gating or private streeting or--that would be 18 travel the right of way to the underpass. But I 19 allowed--we did Island Woods. There are no i 19 think a number of people, as they travel the 20 private streets in Island Woods and--all public ! 20 pipeline in the future at some point--and we're 21 roads,public access. 21 projecting ahead. There's no entitlement for 22 But as we moved over to the 200 and 22 it--this property over here. But assuming that 23 approximately 40 acres that you see before you 23 would take place,then there would be connectivity 24 tonight in Two Rivers,we--we had a different 24 to get to Mace Road right here and then travel on 25 vision to hit different market areas. And the PUD 25 out Mace Road and get to Eagle Island State Park. 4 (Pages 13 to 16) Tucker & Associates , 605 W. Fort St. , Boise, ID 83702 (208) 345-3704 I I Quarter Circle Ranch 11/26/2002 Page 17 Page 19 1 1 And I did work on the pathway through the 1 that you load up a cul-de-sac anywhere, public 2 PV. Did have Ward Parkinson set up the original 2 road or not, and you're still going to have I 3 pathway committee. And I was on the original 3 problems of access and movement of traffic. 4 committee that was set up under Ward's direction. 4 So we would propose that those two 5 And we did work on pathway connectivity all the 5 cul-de-sacs be private. And we have parking off 6 way through Garden City and back through Boise on 6 street and provide for the public to access that I 7 up to Lucky Peak and to Eagle Island State Park. 7 and not possibly end up with property owners being 8 And before Wiley Mace got too bad, I met with him 8 concerned about the people visiting them having a 9 several times. Ward and I went out there. And 9 place to park in the cul-de-sac while they're 1 10 Meredith Carnahan was on that,Jim Nelson,Nelson 10 visiting and other people who are just walking the 11 Sand and Gravel. And we talked and we were trying 11 greenbelt, not visiting the residents there. And 12 get that connectivity over on the river and make 12 we have an impact there. And I just was hoping to I 13 this connectivity work. One of the things we 13 avoid that. 14 never did really think about--I mean,these are 14 We also think that where--where we do have 15 later stages-- is a connectivity through that 15 a private road and a reason for it is because it 16 pipeline that we're talking about here on the 16 is the estate type--we're setting it up for that I 17 Chevron pipeline. 17 type of development. It would change the 18 So Dan and I beefed up the pipeline to try 18 development. It would possibly force us to come 19 to bring access through our development and make 19 back--back to this council through planning and I 20 this open to the public. We thought it was a good 20 zoning again and rethink what we're doing with 21 addition and--and what we've done in doing so is 21 those cul-de-sacs in that area to a lesser size 22 what you see up there in those two cul-de-sacs is 22 lot and have to rethink it if we're trying to I 23 we do have--and we talked the last time we were 23 bring and make compatible large estate lots for 24 with you about the trail along the river and the 24 larger homes and then get possible conflicts with 25 connectivity from Doc Lang's place and on through 25 the public on that pathway and the connectivity IPage 18 Page 20 1 the mitigation ground to ultimately connect and go 1 there. I just wanted to try to avoid that. I 2 to Mace Road. But when you bring the masses, and 2 So I just wanted to come to council and say 3 however the masses are over the years,you're 3 that. And,you know,your decision is what we'll 4 going to bring a lot of people into that area and 4 abide by. Thank you. I 5 there's going to be more that--that can't park 5 THE CHAIRMAN: Thank you, Dennis. 6 off the road with the --where Doc Lang's place 6 COUNCILWOMAN: Dennis? 7 was and where the mitigation ground is,who are 7 MR. BAKER: Yes. I 8 going to want to internalize and come in here to 8 COUNCILWOMAN: On--I see that the Eagle 9 get on the greenbelt out of the pipeline and 9 Fire District had requested a minimum of 25 feet 10 travel north and south,to the south channel 10 wide with no parking signs. And we've talked I 11 north, principally,to get out to Eagle Island 11 before that on private streets,the police 12 State Park. 12 officers cannot go in and enforce no parking. My 13 And we're going to provide parking that we 13 only real concern would be--and you've since 14 didn't show you in the last meeting,that Dan did 14 upped that to 36 feet wide in at least in the two I 15 show you tonight, and possibly even up on Mace 15 cul-de-sacs-- is do you think that you've 16 Road where the pipeline hits Mace Road so that 16 provided enough off street parking for guests? 17 there can be additional parking this there for the 17 Because, nobody's going to be able to police the I 18 public. But once you bring the public into the 18 no parking thing. And I guess I'm just reaching 19 parking that Dan showed you tonight,then we're 19 way out there. I'm concerned about emergency 20 going to have people trying to park in the 20 vehicles if a fire engine had to get down there. I 21 cul-de-sacs. And you're going to have the people 22 that are visiting in the cul-de-sacs with the 21 It appears you feel comfortable that there will be 22 enough width to allow the free flow, plus some 23 people that are homeowners in there. And I-- I 23 parking along the roads? Because, we won't be 24 see more potential for misunderstanding about 24 able to enforce the no parking. 25 parking in there, misunderstanding to the extent 25 MR. BAKER: I believe by going to the 36 5 (Pages 17 to 20)I Tucker & Associates, 605 W. Fort St. , Boise, ID 83702 (208) 345-3704 Quarter Circle Ranch 11/26/2002 I Page 21 Page 23 1 width,36-feet width that we do provide that kind 1 And so--and I know I didn't address itII 2 of fire suppression allowance for vehicles to come 2 specifically to private,but it's a problem with 3 in and fight fire. And I think that that would 3 public and/or the 36 width in here. I don't think 4 work. We--originally,we didn't show that size 4 that the people in--on the private road are 5 of street. And we've thought a lot better of that 5 going to turn around--because most of the people 6 and come back with a much wider street approach 6 that would be there would be there parked outside 7 and a-- 7 to be visiting them,visiting the homes in there. 8 COUNCILWOMAN: Okay. Thank you. 8 So--and that's what we want to encourage is for 9 THE CHAIRMAN: Thank you,Dennis. 9 off street parking,we need to provide more and we 10 COUNCILMAN BASTIAN: Before you leave that, 10 need to go back through and in other areas where 11 Mayor-- 11 they can access that gas pipeline,provide 12 THE CHAIRMAN: Yes,sir. 12 additional parking as we go through additional 13 COUNCILMAN BASTIAN: In terms of covenants 13 phases here,and add additional capacity for 14 of the subdivision,some subdivisions have no 14 people to park and enjoy the greenbelt. 111 15 parking in certain sections of their subdivision. 15 And I don't know if I answered directly,but 16 With the increase of 36 feet,it looks like 16 it is a problem we face all the time. And that is 17 they're encouraging parking along this street. 17 you write these things into your covenants,and 18 But on the other hand,maybe it would be better 18 legally,we can't enforce that. We can't say, 19 not to have parking along the street,particularly 19 okay,homeowner,people parked a truck out there 20 if we're concerned about fire vehicles in there 20 for two days and it's a violation and you've got 21 and or police--policing of that street would 21 to get it out of there and make it stick. 22 force people to not park on the street. 22 COUNCILMAN BASTIAN: I have a follow-up 23 Can you deal with that issue for me? 23 question. 24 MR.BAKER: I'd like to. It's one I face 24 THE CHAIRMAN: Okay. 25 all the time in every type of price range. And 25 COUNCILMAN BASTIAN: A little different Page 22 Page 24 1 1 not necessarily just because of private streets. 1 subject. Along the pipeline there,there's a 2 But I just quickly stated when we write into the 2 pathway that runs basically northwest to 3 covenants that you can't park certain trucks and 3 southeast. If the public has access there and you 4 vehicles out in front of your house--and most 4 had a gated community, what do you do to provide 5 covenants have that in there--and they're public 5 security from individuals who might use the 6 roads, it's completely impossible for the 6 pathway as an access to the property? 7 homeowners association to enforce those on public 7 MR. BAKER: Dan,you'd probably be better at 8 streets. And I think we'd react the same way on 8 talking at this as you laid this concept out. But 9 the private streets as an association, set it up 9 really what we're doing when we have the--the 10 in our bylaws in the operation of the sub-- 10 private roads is private roads could be getting-- 11 subassociations. And these two cul-de-sacs would 11 could be there and not have a gate or private 12 be subassociations to the master associations Two 12 roads, could have a gate and then the way it's set 13 Rivers. But we get these calls all the time 13 up at the point, both the gate that was put in 14 coming in and saying,well,you know, we--we've 14 there and eventually up on Mace Road, as we come 15 got a vehicle out there and this is a public road, 15 back to you,would be to have the other gated 111 16 isn't it? And they're right. I mean,they have 16 entrance up there, leave them open during a good 17 to move the vehicles so often,you know, and you 17 part of the day as a part of the association,the 18 can't leave it out there jacked up for six months, I 18 subassociation and the roads and set up the 19 you know. But if you move the vehicle,for the 19 one-time fees to put it into the depreciation 20 association to come back and enforce it,you can't 20 count so that we have--we have an account that 21 do it. So I'm not sure why we write it in there. 21 we'll go back and address road resurfacing and so 22 But we do. And I think it's--it's wrong for us 22 forth. 23 to write those things in there, but all of the I 23 But getting into those gated areas, if they 24 developers do. And you really can't enforce it, 24 become gated areas, I think that we really have a 25 so why write it in? 25 situation where the gates themselves will be left 6 (Pages 21 to 24) Tucker & Associates, 605 W. Fort St. , Boise, ID 83702 (208) 345-3704 1 IQuarter Circle Ranch 11/26/2002 Page 25 Page 27 I1 open part of the time and the pedestrian--and 1 Councilman Bastian's question, are we to 2 the vehicular traffic is what we're really looking 2 understand that, by a gated community, we avoid I 3 at,more vehicular control than we are pedestrian 3 the problem of having the burglar drive up in his 4 control. And pedestrians are not going to be what 4 car in the front,which would seem to be, in my 5 would be of more concern to the people on a 5 mind, less of a problem,than having people coming 6 security basis,I believe. And this is what is-- 6 through the back of the house off of the pathway I 7 I've been studying this for a few years. And like 7 to do this stuff. And you know, it would provide 8 I said,we didn't do it at Two Rivers or at Island 8 security. Do we have, basically,two different 9 Woods. And we have set up a portion because of 9 sides of the same coin here that we're talking I 10 the different communities that we set up within 10 about. 11 the PUD,the different price points. And all the 11 MR. BAKER: Well, possibly. But a lot of 12 way along we envisioned that that would be okay. 12 the crime that happens, sometimes, is--the story I 13 And I think when Dan and I ran into it, it wasn't 13 or the example is the wide van that pulls up and 14 okay at last council,it kind of hit us straight, 14 unloads--or loads up all the furniture and 15 you know. And we just said,well,what--wait a 15 drives away. So restricting that is important 16 minute. What did we do wrong? And we wanted to 16 because there is a lot of crime that happens that I17 go back and address keeping it open to the public 17 way. The pedestrian crime-- 18 and widening the streets and making sure you knew 18 Could you turn the one light off? I just 19 we had allowances to handle the roads. 19 want to point to this. I 20 COUNCILMAN BASTIAN: Okay. Thank you. 20 Back here there's a--there are always the 21 THE CHAIRMAN: Thank you. 21 issues--Boise faces it. They've got--you 22 MR.BAKER: Thank you. 22 know,they have to patrol it. The City of Eagle I 23 24 you.COUNCILMAN GUERBER: I have a question for 23 probably is--as these paths get extended, Island 24 Woods'path is extended, which I think is 25 THE CHAIRMAN: Councilman Guerber has a 25 patrolled by the sheriffs department now,there IPage 26 Page 28 1 question. 1 is always the potential but right now, as it I 2 MR.TORFIN: For Dennis? 2 stands, I think the predominance of the concern 3 COUNCILMAN GUERBER: Yeah,for Dennis. 3 for security is on the travel way. Back here, 4 MR.BAKER: Sure. 4 people along Island Woods, if--and I don't know I 5 COUNCILMAN GUERBER: I'm still confused 5 if this is true, but--we don't allow solid 6 about Councilman Bastian's question. 6 fencing but some of them put iron fences up just, 7 MR. BAKER: I think I answered it. 7 you know, kind of mark the lines of where the I 8 COUNCILMAN GUERBER: No,you didn't. MR.BAKER: I wasn't trying to avoid it. 8 property stops and the public begins. 9 9 So I think those issues will come up,just 10 Help me,Dan. 10 community-wide, valley-wide as all these paths are I 11 MR.TORFIN: Can I--could I,please-- 11 extended. And there are things that communities 12 COUNCILMAN GUERBER: Okay. We want to-- 12 need to do to police it. But I don't think 13 and I guess you'll enforce that,but you seem to 13 there's a huge problem with that right now. 14 be--when I look at the comments you had,for 14 There's always isolated incidents. III 15 example,people who are interested in being in 15 So I guess it's--you know,the vehicular 16 gated communities and things,the word security, 16 access is very important in these markets. A lot 17 safety and privacy came up. And so I guess I've 17 of these people do travel. A lot of them--there I 18 got two questions. Number one,how bad of a 18 will be widows, active--we actually have talked 19 problem are you having right now in the springs 19 to quite a few people that are interested in 20 and falls subdivision cul-de-sacs? I mean,do you 20 coming into these areas. And many of them are-- i 21 have real problems with safety,security and,you ' 21 at least in the patio homes, are empty nesters, 22 know,privacy and those kind of things that the 22 widowers that live alone. And so the aspect of 23 gated community will provide that you don't have 23 keeping anybody from driving up and down the I 24 now in those areas?25 And secondly,again,going back to 24 street--I need to give a point-- is important. 25 And it's that sector of the market. And--and it 7 (Pages 25 to 28) ITucker & Associates, 605 W. Fort St. , Boise, ID 83702 (208) 345-3704 Quarter Circle Ranch 11/26/2002 I Page 29 Page 31 1 does apply in here too because you may have 1 COUNCILMAN GUERBER: Actually,Mr.Mayor- III - 2 somebody that isn't in a patio home but you might 2 THE CHAIRMAN: Councilman Guerber. 3 have a,you know,empty nester that lives in this 3 COUNCILMAN GUERBER: As I--I hope 4 area. Now,these are really just different price 4 Mr.Baker understands,this is really a 5 ranges,but the privacy and the security,all 5 philosophical(unintelligible). It is not a case 6 those things mean the same thing to those areas. 6 of animosity. It is not a case of being critical 7 If I--if I could talk about the parking. 7 of the subdivision. It's just the case of feeling 111 8 Was that-- 8 like we're trying to make a statement that I'm not 9 COUNCILMAN BASTIAN: That's not a concern. 9 happy with in the City of Eagle,I guess. And so 10 MR.BAKER: Okay. I was just--I just had 10 I have a right to be able to voice that opinion I 11 some additional information,but-- 11 and,in fact,vote that way,if I want to. 12 COUNCILMAN GUERBER: One more question. 12 And you know,in this case,it just goes 13 THE CHAIRMAN: Go ahead,Councilman. 13 back to what I've always had concern about is and I 14 COUNCILMAN GUERBER: How much less traffic 14 that's that I--you know,that I feel it really 15 do you think there would be with a gate on a 15 does,if nothing else,contribute to a reputation 16 cul-de-sac like this than there would be if there 16 of snootiness,essentially,is the word I've used 17 was no gate there? I mean,50 percent less? You 17 before. I think that it does--in spite of the I 18 know-- 18 fact that some of the people who live in these 19 MR.BAKER: Possibly. 19 areas don't want to look at it that way,there are 20 COUNCILMAN GUERBER: So people just get lost 20 others who believe that this causes an isolation I 21 and drive cul-de-sacs or something? 21 within the community and it does not add to the 22 MR.BAKER: Well,if you get-- 22 feeling of community,but,in fact,kind of takes 23 THE CHAIRMAN: By the walkway. 23 away from it when you have people who say,well, 24 MR. BAKER: In these areas--or in this 24 you know,we're going to put up a gate,and you 25 area,the gentleman that lives here,we do leave 25 can't come into our area and all those kind of Page 30 Page 32 I 1 the gates open during the construction period. 1 things. And I think it comes from just an 2 And he,for a period of time,had--one day he 2 impression rather than something necessarily III3 had a bus load or a van load of people that came 3 being,you know,right or wrong. 4 up and went around his house and they were kind of 4 I guess another thing that concerns me about 5 tourists. So you do get some of that where you've 5 this to a certain extent is the fact that none of 6 got,you know,people coming in and--so trying 6 this,that I recall, was ever presented at the 7 to restrict that and--I would say maybe 50 7 time the original subdivision was talked about. I 8 percent of the unwanted travel. 8 mean, now we are looking at areas--new areas I 9 COUNCILMAN GUERBER: 50 percent unwanted or 9 that were not talked about,to my recollection, 10 50 percent of I'll travel on their-- 10 that were going to become private streets. I 11 MR.BAKER: Well,restriction of the 11 mean,the only area I remember of really being 12 possibility of 50 percent of the vehicles that 12 talked about were the ones where the--you know, I 13 might otherwise just pull in here and-- 13 that exist now. And--and it seems like we've 14 THE CHAIRMAN: Thank you. Let's move on for 14 kind of created this creeping,you know, gatism or 15 now. Thank you. 15 whatever you want to call it. , 16 Staff? Mr.Rodney(phonetic)anything to 16 I mean, I--I think that--that as a 17 report? Nothing? 17 result--you talk about not wanting to come back 18 This is a public hearing. Anyone in the 18 because of changes in the subdivision. I think 19 audience care to speak to the matter,come before 19 the subdivision has been changed from what I 20 the council. 20 envisioned it as far as what the preliminary 21 Seeing or hearing no one,any closing 21 discussions were about,you know, what it was 22 comments from the applicant? 22 going to be and things like that. Now, I know the 23 Okay. Thanks. 23 reason that that's happened is because, I think, 24 I'm going to officially close the public 24 the marketplace has driven that. And--and I 25 hearing and we'll let the council-- 1 25 really think the reason that this is happening I 8 (Pages 29 to 32) Tucker & Associates , 605 W. Fort St. , Boise, ID 83702 (208) 345-3704 I 1 Quarter Circle Ranch 11/26/2002 Page 33 Page 35 i1 is--is an issue of dollars and cents. And as I 1 the other members of the council vote in favor of 2 look through the information, it seems that,you 2 it,which there's probably a good chance they I 3 know, what you said and what I've seen and some of 3 will,then I certainly can live with that and 4 the things that have come in is you can get a 4 understand why that would be the final decision. 5 whole lot more money in a gated community than you 5 COUNCILWOMAN: Mr. Merris(phonetic)? 6 can if it's not gated as far as the attraction of 6 THE CHAIRMAN: Thank you. Council Merrill. 7 people. 7 COUNCILWOMAN MERRILL: On the total other 8 And I think we need to be honest enough 8 side of the street. I believe that,in this 9 about the fact that's really one of the things 9 community,that we ask these developers to provide I 10 that's driving this is the fact that, from the 10 diversified housing through PUD. We ask them to 11 things I've heard you say,people are wanting 11 provide smaller lots and we ask them to provide 12 these homes are going to put more expensive homes 12 larger lots. We ask them to provide open spaces. I 13 in because they feel like they're more secure and 13 We ask them to give about everything they can 14 all--you know,and those contribute to all those 14 possibly put into one subdivision. And we prefer 15 factors. So I think we have to understand that 15 to have a large parcel of property developed than I16 that's one of the reasons driving this. 16 we do smaller individual parcels of small 17 And,you know,you've been remarkably 17 acreages. 18 successful in providing the niche market that is 18 I believe it's just as important for folks 19 out there for,you know,these kinds of homes. 19 that have the ability to buy a lot and to build a I 20 And it--you know, I guess the fact that 20 home on a large lot to have the same--to be able 21 you've--you're responding to the marketplace. 1 21 to choose what kind of community it will build in. 22 recognize that that's taking place. And what 22 And if they are asking for and the market is I 23 people want in this case contributes to why you're 23 requiring or requesting that they are--have the 24 before us right now,and that is,you know, 24 opportunity for a gated community, I don't have 25 there's something they want and we're bringing 25 any problem with that. IPage 34 Page 36 1 that. You're asking the City Council for that. 1 This-- if you look at this subdivision the I 2 And it puts me in a--you know, in a 2 way that that's set up,there's opportunities for 3 quandary because I recognize that. And I think 3 pedestrians to go through there. There is not an 4 there's some legitimacy to it. At the same time, 4 exclusivity whatsoever on that. The gates are I 5 I have to look and say, are we starting to create 5 open for the people that come in to live there, 6 precedence out here so that everybody starts 6 you know. If you live in a subdivision and you 7 coming in wanting these kinds of things in all the 7 don't know the people on the other street clear on I 8 new subdivisions that come in. Are we better off 8 the other side of the subdivision,there's very 9 to go back and allow people to start gating up 9 little likelihood that you're going to go on that 10 their communities because the property value, 10 side of the subdivision to go visit anyway. And I 11 apparently,would go up,you know,at that point 11 so the people that are going to come into this 12 in time because, if you're in a gated community, 12 community will be those that will want to. And I 13 your place is worth a whole lot more. People want 13 believe that they need to have the same 14 it more and those kind of things. And I--you 14 opportunity. I 15 know, I don't want to see that start happening. 15 It really bothers me on the other side of 16 And I don't know if it will or not,but there's 16 what Steve was saying to say--and we see a lot 17 always an opportunity for somebody to come up with 17 of this in society in general. And the folks that I 18 ideas like that. 18 have the opportunity and have worked hard for a 19 So my--you know, it puts me in a bind from 19 living that provides them the livelihood to be 20 the standpoint of how I look at things 20 able to build a home that they want to live in I 21 philosophically,because there is a lot of 21 behind a gated community are looked down upon in 22 legitimacy to what you're bringing in here. And I 22 many cases by others who do not have those or have 23 think--I'm going to vote against this just based 23 not,maybe,perhaps,worked or have the same II 24 on the fact that I think, philosophically, I'm 24 opportunities to do that. But we have a bit of a 25 really bothered by the concept of things. But if 25 reverse discrimination, I believe,for the folks 9 (Pages 33 to 36) I Tucker & Associates , 605 W. Fort St. , Boise, ID 83702 (208) 345-3704 Quarter Circle Ranch 11/26/2002 Page 37 1 Page 39 1 that have provided a lot of tax base to this 1 there. 2 community in many instances and have been a part 2 On the other hand, I find gated communities 3 of the communities and are, a lot of times, 3 a bit of elitism and something that says to me I 4 retired folks that are wishing to build a home 1 4 deserve to be back behind a gated--behind a gate I 5 that they can live in that they can--probably 5 and keep the other people out who may be a danger 6 most likely will be the last home that they will 6 to me. And yes,there may be some of that in this 7 build in, bring their families back and open their 7 community, but I doubt that the danger to people I 8 homes up for many--many opportunities for people 8 in Two Rivers is great in terms of theft or 9 within the community and others to gather there. 9 violent crime. I think that's a neighborhood 10 And I think that it's important that we look at 10 generally where there would be very little crime, 11 these gated communities as an opportunity within a 11 low crime rate. You'd likely find that in more 12 subdivision to have a varied and diversed housing. 12 concentrated housing. 13 We asked them to build it and then we stop their 13 Philosophically for me as well, I just think 14 hand and say,no,you can't put it in as gated. 14 that public streets ought to be the norm 15 My problem with the gated community was not 15 throughout the community. And gated streets ought 16 with the philosophy of being gated. The 16 not to be allowed in the city. And I think that 17 philosophy of how narrow the streets were in an 17 that needs to be part of the discussion we have in 18 area and private and public services being able to 18 the next few weeks or months in which we write 19 get through and around and a lot of parking on the 19 that into the city code. I think the city code 20 streets, especially in--when we get into the 20 ought to be changed and not allow gated I 21 apartments and the duplexes and the high-rises 21 communities and not allow private streets in 22 where the streets are very narrow and there's a 22 subdivisions--residential subdivisions. 23 lot of people crammed in with a lot of cars is 23 The original intent of the private street I 24 where I have the problem with the private streets. 24 was to provide a passageway within the commercial 25 So with them widening the private streets 25 development,that people could go from one * Page 38 Page 40 J ' 1 out to 36 feet and seeing as there is--you know, 1 business to another on,essentially,private 2 we don't have gates on all these streets that are 2 streets and that was the purpose as originally I 3 in there,we built the first part of this 3 introduced by Mr.Baker himself. I think that 4 subdivision. It went very quickly. It's nearly 4 we're just creating a wrong environment. I think 5 filled up that first phase. A lot of people 5 we ought to have an open community,one in which I 6 living in there. They're very happy with where 6 we have a neighborliness and not an exclusivity. 7 they live. I believe that there are others that 7 And I just think it's the wrong approach. 8 may have the same opportunity to live in the same 8 I recognize the fact that we have had-- I 9 livelihood and the same manner that they would 9 that we do have private streets in parts of the 10 like to live as well as the smaller ones that will 10 city and we have a private street ordinance. It 11 come in for the retirement. That's the kind of 11 makes it difficult for me to then say,well,we'll 12 allow it here but not there. Where do we draw the 12 community we asked them to build and that's what 13 they built. 13 line? I'm willing to draw the line and say no 14 And so I will be voting yes on this. 14 more gated communities throughout the City of 15 THE CHAIRMAN: Okay. Thank you. 15 Eagle. However,we don't have an ordinance to 16 Council Bastian. 16 that effect publicly. 17 COUNCILMAN BASTIAN: I think I heard the 17 COUNCILWOMAN SEDLACEK: Mr.Mayor,one thing 18 market point,marketing mentioned many times. And 18 I have learned as a native spud watching my home 19 I agree with Councilman Guerber that, basically, 19 handle through incredible changes over the last 10 20 what we have here is a--an attempt to market to 20 or 15 years and come to accept and even appreciate 21 a particular group of people, and at the same 21 is there's different strokes for different folks. I 22 time,maximize the profit for the developer. And ; 22 And I agree with Nancy. If people want to live in 23 of course,that's what a developer should be 23 a gated community,they should have the 24 doing. It's important for them to maximize the 24 opportunity to do it. I think especially in a PUD 25 profit and to provide for a demand that may be out 25 the size of Two Rivers. I 10 (Pages 37 to 40) Tucker & Associates , 605 W. Fort St. , Boise, ID 83702 (208) 345-3704 I 1 Quarter Circle Ranch 11/26/2002 Page 41 Page 43 I1 So I'm going to support the private streets. 1 COUNCILWOMAN MERRILL: Second. 2 My concern too was the narrowness. That's been 2 THE CHAIRMAN: Are you okay, Bill? I 3 raised to 36 feet wide. I was concerned about 3 COUNCILMAN: Thank you. Yes. 4 river access to the public. We have that. Not 4 THE CHAIRMAN: Any further discussion? 5 only that,we have public parking,which we 5 Okay. Then all those in favor say aye. 6 haven't seen in some of the other subdivisions. A 6 COUNCILWOMAN SEDLACEK: Aye. I 7 big plus. I appreciate that. 7 COUNCILWOMAN MERRILL: Aye. 8 So I support the request for a modification. 8 THE CHAIRMAN: Opposed? 9 And I'm ready to make a motion. 9 COUNCILMAN BASTIAN: No. I 10 THE CHAIRMAN: Go ahead. 10 COUNCILMAN GUERBER: No. 11 COUNCILWOMAN SEDLACEK: Mr. Mayor,I move 11 THE CHAIRMAN: Well,you're putting me under 12 that we modify the original approval,the motion 12 pressure to vote. And my last meeting went-- I 13 for the original approval of 14 RZ-10-98/CU-9-98/PPUD-2,et al.,and with the 13 well, let me qualify my vote. I'm going to vote 14 with the ladies. I'm going to vote yes. I think 15 following changes,that the two streets, 15 private gated communities are a lifestyle that a I 16 specifically Rivermoor and Rivermont will be 16 lot of folks are looking for. And it's a 17 allowed in private gated communities with the 17 marketing tool and it works for our community. We 18 stipulation that they are 36 feet wide as 18 need to pursue that and make that available for 19 presented by the applicant tonight,and that the 19 those that can afford it and get a level of I 20 public access remain the same with the public 20 comfort with having security in living in that 21 parking at the trailhead. 21 way. I'm hoping that someday that I can live in a 22 COUNCILWOMAN MERRILL: Second. 22 townhouse empty nester home type situation that's 111 23 THE CHAIRMAN: Okay. We have a motion and a 23 being proposed here. 24 second. Any further discussion? 24 So I think it's a small percentage of the 25 COUNCILMAN: Clarification. 25 overall project. Again, as Gwen says, it's a PUD. IPage 42 Page 44 I1 THE CHAIRMAN: Clarification? 1 We're offering alternatives and options in lot 2 COUNCILMAN: There was an original proposal 2 sizes and different types of density, different 3 in the carriage houses,some private communities 3 amenities. And if the market demands that,that's 4 in both sections. 4 what we should be providing. So having said that, I 5 COUNCILWOMAN SEDLACEK: And I assume to 5 I'll vote yes and the motion passes three to two. 6 leave that the same as it was. It was just the 6 MR.TORFIN: Thank you. 7 river--my understanding that we were addressing 7 THE CHAIRMAN: Thank you. I 8 just Rivermoor and Rivermont. 8 MR. BAKER: Thank you. Appreciate your 9 MR.TORFIN: Well,the southerly cul-de-sac 9 time. 10 was also one that wasn't approved previously for a 10 (Public hearing A concluded.) 111 11 gate. 11 12 COUNCILWOMAN SEDLACEK: Okay. Was it 12 13 presented to be 36 feet wide? 13 14 MR.TORFIN: No. It was presented with off 14 I 15 street parking,little parking nodes. I have a 15 16 map if you wanted to 16 17 COUNCILWOMAN SEDLACEK: And 28 feet wide. 17 18 Wasn't that part of the original?I 18 19 MR.TORFIN: Yes. 19 20 COUNCILWOMAN SEDLACEK: So the only 20 I 21 modification tonight was for-- 21 22 MR.TORFIN: Rivermont,Rivermoor,but the 22 23 gate as well on that southerly cul-de-sac. 23 i 24 COUNCILWOMAN SEDLACEK: Okay. And the gate 24 25 also on the southerly cul-de-sac. 25 11 (Pages 41 to 44) Tucker & Associates, 605 W. Fort St. , Boise, ID 83702 (208) 345-3704 Quarter Circle Ranch 11/26/2002 ' Page 45 1 REPORTER'S CERTIFICATE ! ' 2 3 4 I, Debora Ann Kreidler, Certified 5 Shorthand Reporter,County of Ada, State of Idaho, 6 hereby certify: 7 That I am the reporter who took the 8 audio recorded hearing had in the above-entitled 9 action in machine shorthand and thereafter the 10 same was reduced into typewriting under my direct 11 supervision;and 12 That the foregoing transcript contains 13 a full,true,and accurate record of the audio 14 recorded hearing had in the above and foregoing 15 cause. 16 IN WITNESS WHEREOF, I have hereunto set 17 my hand September 1,2017. 18 19 20 21 Debora Ann Kreidler,Certified Shorthand 22 Reporter CSR No. 754 23 24 25 1 t 1 1 t 12 (Page 45) Tucker & Associates , 605 W. Fort St. , Boise, ID 83702 (208) 345-3704 I IQuarter Circle Ranch 11/26/2002 Page 46 IA 39:21 40:12 22:7,9,20 24:17 31:20 35:8,18 33:23 abide 20:4 allowance 21:2 associations 22:12 36:13,25 38:7 cases 9:15 36:22 Iability 8:13 35:19 allowances 25:19 assume 42:5 be1114:8 cater 4:1,22 able 20:17,24 31:10 allowed 3:16 14:19 assuming 16:22 bench 16:10 cause 45:15 35:20 36:20 37:18 39:16 41:17 attempt 38:20 benefit 3:18 causes 31:20 I above-entitled 45:8 alternating 15:7 attraction 33:6 benefits 3:16 Centennial 9:25 accept 40:20 alternatives 44:1 audience 16:7 better 15:1 21:5,18 cents 33:1 access 7:19,25 8:6 amendment 2:7 30:19 24:7 34:8 certain 6:1 21:15 I 8:10,18 10:2,8,24 amenities 44:3 audio 1:18 45:8,13 big 41:7 22:3 32:5 11:1,2 12:3,18 and/or 23:3 authorization 9:21 Bill 43:2 certainly 16:15 14:21 17:19 19:3 animosity 31:6 available 43:18 bind 34:19 35:3 1 19:6 23:11 24:3,6 Ann 1:24 45:4,21 avoid 19:13 20:1 bit 36:24 39:3 Certified 45:4,21 28:16 41:4,20 answered 23:15 26:9 27:2 board 15:17 certify 45:6 accommodate 6:14 26:7 aye 43:5,6,7 Boise 13:22 17:6 CHAIRMAN 2:2 I6:18 anybody 28:23 27:21 2:18,23,25 11:20 account 24:20 anyway 36:10 B bonuses 3:18 13:15,19,23 14:1 accurate 45:13 apartments 37:21 back 6:16,16 8:4,4 bothered 34:25 20:5 21:9,12 I ACHD 6:1,2 apparently 34:11 9:1 14:6,12 15:8 bothers 36:15 23:24 25:21,25 achieve 3:19 appears 20:21 17:6 19:19,19 bridge 10:12 29:13,23 30:14 acreages 35:17 applicant 2:13 21:6 22:20 23:10 brief 3:5 31:2 35:6 38:15 acres 14:23 30:22 41:19 24:15,21 25:17 bring 15:2 17:19 41:10,23 42:1 action 45:9 applies 5:12 26:25 27:6,20 18:2,4,18 19:23 43:2,4,8,11 44:7 active 28:18 apply 5:13 29:1 28:3 31:13 32:17 37:7 chance 35:2 1 Ada 45:5 appreciate 14:10 34:9 37:7 39:4 bringing 33:25 change 19:17 add 3:23 12:23 40:20 41:7 44:8 bad 17:8 26:18 34:22 changed 15:5 32:19 13:12 23:13 31:21 approach 21:6 40:7 Baker 2:17 3:9 build 5:9 9:8 35:19 39:20 raddition 8:12 17:21 approval41:12,13 13:14,18,21,21,24 35:21 36:20 37:4 changes 32:18 additional2:5 3:24 approved 7:5 8:23 14:2 20:7,25 37:7,13 38:12 40:19 41:15 I 42:10 21:24 24:7 25:22 building 11:14 13:2 channe115:9 18:10 8:15 18:17 23:12 g 23:12,13 29:11 approximately 26:4,7,9 27:11 built 8:3 38:3,13 charitable 9:18 address 8:18 13:20 2:11 14:23 29:10,19,22,24 burglar 27:3 Chevron 16:1 I 13:21 14:12 23:1 area 4:8,10,13,24 30:11 31:4 40:3 bus 30:3 17:17 24:21 25:17 5:7,8,14 7:13,13 44:8 business 40:1 choose 35:21 addresses 7:12 10:16 18:4 19:21 base 37:1 buy 35:19 Circle 2:4,9 I addressing 42:7 29:4,25 31:25 based 34:23 bylaws 22:10 circumstances 6:1 adequate 8:10 32:11 37:18 basically 24:2 27:8 cities 14:14 aeria115:19 areas 4:18 5:4,6,13 38:19 C city 1:10,11 3:17,22 I aesthetically 4:24 5:17 9:9 14:25 basis 25:6 C 45:1,1 13:11,12 17:6 afford 43:19 23:10 24:23,24 Bastian 21:10,13 call 7:8 32:15 27:22 31:9 34:1 affordable 4:5 26:24 28:20 29:6 23:22,25 25:20 called 2:9 39:16,19,19 40:10 I ago 14:17 29:24 31:19 32:8 29:9 38:16,17 calls 22:13 40:14 agree 38:19 40:22 32:8 43:9 capacity 23:13 Clarification 41:25 ahead 16:21 29:13 asked 37:13 38:12 Bastian's 26:6 27:1 car 27:4 42:1 I 41:10 asking 34:1 35:22 Beechwood 13:22 care 30:19 clear 14:3 36:7 al 41:14 aspect 5:12,18 beefed 17:18 Carnahan 17:10 close 13:24 14:7 alignment 16:5 28:22 begins 28:8 carriage 4:2 42:3 30:24 I allow 14:5 20:22 aspects 5:13 believe 5:23 12:24 cars 37:23 closing 30:21 28:5 34:9 39:20 association 11:8 13:9 20:25 25:6 case 31:5,6,7,12 code 39:19,19 ITucker & Associates , 605 W. Fort St. , Boise, ID 83702 (208) 345-3704 Quarter Circle Ranch 11/26/2002 I Page 47 coin 27:9 34:25 35:5,7 40:17 define 15:2 5:2,3 I collector 8:3 12:17 concern 20:13 25:5 41:11,22 42:5,12 degree 14:15 diversified 35:10 13:4,5,5,7 15:6 28:2 29:9 31:13 42:17,20,24 43:1 demand 38:25 Doc 17:25 18:6 I collectors 13:2,9 41:2 43:6,7 demands 44:3 doing 15:10 16:6 15:8 concerned 19:8 count 8:21 24:20 Dennis 13:18,21 17:21 19:20 24:9 come 5:9 7:11 9:7 20:19 21:20 41:3 County 45:5 20:5,6 21:9 26:2,3 38:24 I 10:2 11:16 12:3 concerns 5:20 32:4 course 38:23 density 3:18,23 4:1 dollar 5:10 9:8 14:6,12 16:17,17 concluded 44:10 covenants 21:13 44:2 dollars 33:1 18:8 19:18 20:2 concrete 6:18 22:3,5 23:17 department 27:25 doubt 39:7 21:2,6 22:20 conditional 2:7 crammed 37:23 depreciation 24:19 draw 40:12,13 24:14 28:9 30:19 conflicts 19:24 create 34:5 deserve 39:4 drive 2:12 27:3 31:25 32:17 33:4 confused 26:5 created 32:14 design 5:22 6:8 29:21 Il 34:8,17 36:5,11 connect 18:1 creating 15:25 40:4 13:3 14:17 driven 32:24 38:11 40:20 connecting 16:5 creeping 32:14 designed 3:13 4:22 drives 27:15 comes 32:1 connectivity 16:10 crime 27:12,16,17 5:25 6:13,16 driving 28:23 33:10 I comfort 43:20 16:23 17:5,12,13 39:9,10,11 designing 15:10 33:16 comfortable 20:21 17:15,25 19:25 critical 31:6 detriment 13:11 duplexes 37:21 coming 7:16 16:2 consideration 14:9 crosses 16:4,8 developed 4:8,20 I 22:14 27:5 28:20 considered 5:1 crossing 16:3,3 5:8 35:15 E 30:6 34:7 construct 7:22,24 CSR 1:25 45:22 developer 38:22,23 E 45:1,1,1,1 comments 3:10 constructed 8:20 cul-de-sac 12:2 developers 22:24 Eagle 1:10 2:11 I 26:14 30:22 construction 30:1 19:1,9 29:16 42:9 35:9 3:17 11:2 13:11 commercial 39:24 contains 45:12 42:23,25 development 2:8 13:12 14:14 15:7 committee 17:3,4 continue 16:15 cul-de-sacs 4:14 3:13,25 4:17 13:8 16:11,17,25 17:7 I communities 9:16 contribute 9:18,18 6:13 7:3,3 11:13 15:23,24 17:19 18:11 20:8 27:22 15:11 25:10 26:16 31:15 33:14 17:22 18:21,22 19:17,18 39:25 31:9 40:15 28:11 34:10 37:3 contributes 33:23 19:5,21 20:15 different 14:24,25 Eagle's 13:5 I 37:11 39:2,21 control 5:5 25:3,4 22:11 26:20 29:21 15:4 23:25 25:10 easement 7:22 40:14 41:17 42:3 correct 10:4 curb 6:16,17,17 8:4 25:11 27:8 29:4 east 11:2 43:15 corridor 15:15 8:4 40:21,21 44:2,2 effect 40:16 I community 9:12 council 1:11 2:21 currently 9:24 difficult 40:11 elitism 39:3 24:4 26:23 27:2 3:9 19:19 20:2 custom 4:3,7 dimensionally 6:9 emergency 10:1 31:21,22 33:5 25:14 30:20,25 direct 45:10 20:19 I 34:12 35:9,21,24 34:1 35:1,6 38:16 D direction 8:7 17:4 empty 5:14,16 36:12,21 37:2,9 Councilman 11:19 Dan 2:19,21,24 directly 23:15 28:21 29:3 43:22 37:15 38:12 39:7 11:21,24 12:4 10:1 14:15,16 discrimination enables 15:1 I 39:15 40:5,23 14:7 21:10,13 15:13,16 17:18 36:25 encourage 23:8 43:17 23:22,25 25:20,23 18:14,19 24:7 discuss 3:6 encouraging 21:17 community-wide 25:25 26:3,5,6,8 25:13 26:10 discussed 7:19 enforce 20:12,24 28:10 26:12 27:1 29:9 danger 39:5,7 discussion 5:21 22:7,20,24 23:18 Company 2:22 29:12,13,14,20 dark 15:21 12:21 39:17 41:24 26:13 compatible 19:23 30:9 31:1,2,3 date 16:14 43:4 engine 20:20 compete 9:6 38:17,19 41:25 day 24:17 30:2 discussions 12:11 enjoy 23:14 completely 22:6 42:2 43:3,9,10 days 23:20 32:21 entitlement 16:21 I comprehensive COUNCILWO... deal 21:23 dispose 9:17 entitlements 16:13 13:6 6:22,25 10:1,6,8 Debora 1:24 45:4 district 6:11 20:9 entrance 7:14 concentrated 39:12 10:11,14,17,21 45:21 diversed 37:12 24:16 I concept 8:9 24:8 11:5 20:6,8 21:8 decision 20:3 35:4 diversification 3:20 environment 40:4 Tucker & Associates , 605 W. Fort St. , Boise, ID 83702 (208) 345-3704 I 1 Quarter Circle Ranch 11/26/2002 Page 48 Ienvisioned 25:12 felt 13:7 36:4 38:2 26:17 28:15 31:9 house 22:4 27:6 32:20 fences 28:6 gather 37:9 32:4 33:20 30:4 I especially 37:20 fencing 28:6 gating 14:18 34:9 guest 7:10 houses 42:3 40:24 fight 21:3 gatism 32:14 guests 20:16 housing 3:20 4:2,5 essentially 31:16 filled 38:5 general 36:17 Gwen 43:25 35:10 37:12 39:12 I40:1 final 7:11 12:23 generally 2:10 huge 28:13 estate 4:13,20 9:1 35:4 39:10 H 19:16,23 find 39:2,11 gentleman 29:25 hand 13:17 21:18 I Iet 41:14 fire 20:9,20 21:2,3 geographic 15:5 37:14 39:2 45:17 Idaho 45:5 eventually 24:14 21:20 getting 24:10,23 handle 25:19 40:19 ideas 34:18 everybody 34:6 first 2:13 38:3,5 give 28:24 35:13 happened 32:23 impact 19:12 1 example 9:20 26:15 flow 13:1 20:22 go 4:9 6:2 14:8,8 happening 32:25 important 4:19 27:13 flush 6:17 15:7,7 18:1 20:12 34:15 5:18 10:23 13:7 exclusionary 9:11 folks 35:18 36:17 23:10,12 24:21 happens 27:12,16 27:15 28:16,24 Iexclusivity 36:4 36:25 37:4 40:21 25:17 29:13 34:9 happy 31:9 38:6 35:18 37:10 38:24 40:6 43:16 34:11 36:3,9,10 hard 36:18 impossible 22:6 Excuse 6:22 follow-up 23:22 39:25 41:10 hear 2:13 impression 32:2 Iexist 12:13 32:13 following 41:15 goa13:21,21,22 heard 33:11 38:17 incidents 28:14 expensive 33:12 force 19:18 21:22 goes 10:10 11:3,15 hearing 1:13 2:5 includes 4:12 extend 11:25 foregoing 45:12,14 31:12 30:18,21,25 44:10 incorporate 8:14 Iextended 27:23,24 forth 24:22 going 3:2,3,5 6:6 45:8,14 incorporated 7:9 28:11 four 3:14 4:1 7:8,15,22,24 hearings 2:2 increase 21:16 extensive 11:12 framed 4:17 15:18 18:4,5,8,13 Help 26:10 incredible 40:19 I extent 18:25 32:5 free 20:22 18:20,21 19:2 helps 9:5,6 individual 9:22 front 22:4 27:4 20:17,25 23:5 hereunto 45:16 35:16 F full 45:13 25:4 26:25 30:24 high 4:9,12 9:25 individuals 9:7,16 F 45:1 funding 11:9 31:24 32:10,22 high-end 5:1 24:5 face 21:24 23:16 funds 11:14,17 33:12 34:23 36:9 high-rises 37:21 information 2:5 7:7 faces 27:21 furniture 27:14 36:11 41:1 43:13 highway 6:10 29:11 33:2 Ifact 31:11,18,22 further 41:24 43:4 43:14 hit 14:25 25:14 instances 37:2 32:5 33:9,10,20 future 8:12 13:8 good 17:20 24:16 hits 18:16 intent 39:23 34:24 40:8 16:20 35:2 home 4:3,7 29:2 interested 26:15 I factors 33:15 grateful 14:11 35:20 36:20 37:4 28:19 falls 26:20 G Gravel 17:11 37:6 40:18 43:22 interface 8:14 I families 37:7 Garden 17:6 great 39:8 homeowner 23:19 internalize 18:8 far 6:8 11:25 32:20 gas 23:11 greenbelt 7:22,23 homeowners 18:23 interpretation 33:6 gate 24:11,12,13 8:11 15:25 18:9 22:7 12:12 Ifast 14:8 29:15,17 31:24 19:11 23:14 homes 3:15 4:2,3,8 interrupt 13:1 favor35:1 43:5 39:4 42:11,23,24 ground 10:20,25 4:19 5:10,11,15 introduce3:9 13:13 feel 14:15 20:21 gated 2:6 9:2,22 18:1,7 9:9 19:24 23:7 introduced 40:3 I31:14 33:13 24:4,15,23,24 group 38:21 28:21 33:12,12,19 iron 28:6 feeling 15:13 31:7 26:16,23 27:2 Guerber 14:7 25:23 37:8 island 2:12 7:16 31:22 33:5,6 34:12 25:25 26:3,5,8,12 honest 33:8 14:19,20 15:23 ' fees 24:19 35:24 36:21 37:11 29:12,14,20 30:9 hope 14:6 31:3 16:12,25 17:7 feet 2:11 6:25 7:2 37:14,15,16 39:2 31:1,2,3 38:19 hoping 19:12 43:21 18:11 25:8 27:23 7:15,16 8:4 20:9 39:4,15,20 40:14 43:10 horizontally 6:9 28:4 ' 20:14 21:16 38:1 40:23 41:17 43:15 guess 4:4,16,24 horse 16:9 isolate 15:3 41:3,18 42:13,17 gates 24:25 30:1 12:23 20:18 26:13 hospitals 9:20 isolated 28:14 ITucker & Associates, 605 W. Fort St. , Boise, ID 83702 (208) 345-3704 Quarter Circle Ranch 11/26/2002 1 Page 49 isolation 31:20 large 4:13 6:13 looked 36:21 40:17 41:11 5:11 I issue 7:18 14:13,13 9:12 19:23 35:15 looking 25:2 32:8 mean 5:4 17:14 21:23 33:1 35:20 43:16 22:16 26:20 29:6 N issues 6:12 8:18 larger 19:24 35:12 looks 21:16 29:17 32:8,11,16 name 13:19 27:21 28:9 lay 15:14 lost 29:20 meandering 8:5 Nancy 40:22 ITD 10:3,18,24 lead 8:7 lot 5:16 9:14 18:4 mechanisms 11:9 narrow 37:17,22 items 5:21 leads 7:24 19:22 21:5 27:11 11:13 narrowness 41:2 learned 40:18 27:16 28:16,17 meet 5:25 6:10 native 40:18 J leave 2:16 21:10 33:5 34:13,21 12:24,24 nature 4:25 111 jacked 22:18 22:18 24:16 29:25 35:19,20 36:16 meeting 1:11 5:21 nearly 38:4 Jim 17:10 42:6 37:1,3,19,23,23 6:21 7:21 18:14 necessarily 9:12 job 9:24 left 24:25 38:5 43:16 44:1 43:12 22:1 32:2 legally 23:18 lots 4:11,13,20 8:21 members 2:20 6:7 need 2:15 10:1 13:2 K legitimacy 34:4,22 9:2 19:23 35:11 9:12 35:1 14:9 23:9,10 keep 39:5 length 6:4 11:12 35:12 mention 9:21 28:12,24 33:8 1 keeping 25:17 lesser 19:21 low 3:23 4:1 39:11 mentioned 38:18 36:13 43:18 28:23 Let's 30:14 lower 4:4 Meredith 17:10 needs 39:17 kennels 10:13 level 43:19 Lucky 17:7 Merrill 35:6,7 neighborhood 39:9 I kept 15:8 lifestyle 43:15 luxury 4:10 41:22 43:1,7 neighborhoods kind 15:2,17,21 light 15:22 27:18 Merris 35:5 3:14 21:1 25:14 26:22 liked 13:3 M met 17:8 neighborliness 40:6 I 28:7 30:4 31:22 likelihood 36:9 Mace 8:14 12:13,14 mid 4:9 neighbors 14:2 31:25 32:14 34:14 limitations 6:4 15:9 16:9,11,24 middle 7:17 Nelson 17:10,10 35:21 38:11 limited 8:2 16:25 17:8 18:2 million 5:10 9:8 nester 29:3 43:22 I kinds 33:19 34:7 line 40:13,13 18:15,16 24:14 mind 3:14 27:5 nesters 5:14,16 knew 25:18 lines 16:1 28:7 machine 45:9 minds 8:10 28:21 know 6:19 10:17 maintenance 11:9 minimum 7:6 20:9 never 17:14 I link 12:19 14:11 15:18,20 linked 12:16 11:16,18 minute 16:7 25:16 new 32:8 34:8 20:3 22:14,17,19 linkup 16:16 making 25:18 misunderstanding nice 16:12 23:1,15 25:15 little 11:3 23:25 manner 38:9 18:24,25 niche 33:18 I 26:22 27:7,22 36:9 39:10 42:15 map 10:15 42:16 mitigation 10:3,4 nobody's 20:17 28:4,7,15 29:3,18 live 5:14,17 9:16 mark 28:7 10:18,19,25 18:1 nodes 42:15 30:6 31:12,14,24 13:24 28:22 31:18 market 14:25 28:25 18:7 nodules 7:8 I 32:3,12,14,21,22 35:3 36:5,6,20 33:18 35:22 38:18 MOD 2:3 norm 39:14 33:3,14,17,19,20 37:5 38:7,8,10 38:20 44:3 modification 2:7 north 15:7,9 18:10 33:24 34:2,11,15 40:22 43:21 marketing 38:18 41:8 42:21 18:11 I 34:16,19 36:6,7 livelihood 36:19 43:17 modify 41:12 northwest 16:4 38:1 38:9 marketplace 9:6 money 33:5 24:2 known 4:3 32:24 33:21 notion 9:10 I lives 9:22 29:3,25 months 22:18 39:18 Kreidler 1:24 45:4 living 36:19 38:6 markets 4:23 15:1 motion 7:4 41:9,12 NOVEMBER 1:12 45:21 43:20 15:12 28:16 41:23 44:5 number 6:4 16:19 L load 19:1 30:3,3 masses 18:2,3 move 4:7 22:17,19 26:18 I loads 27:14 master 3:12 11:8 30:14 41:11 ladies 43:14 located 2:10 22:12 moved 14:22 0 laid 14:15,16 24:8 045:1 locked 15:17 matter 30:19 movement 19:3 I land 10:4 maximize 38:22,24 offering 44:1 landscaped 7:16 look 26:14 31:19 multi 5:9 officers 20:12 p 33:2 34:5,20 36:1 mayor 2:20 3:9 multimillion 9:8 I landscaping 7:9 13:25 21:11 31:1 officially 30:24 Lang's 17:25 18:6 37:10 multimillion-dollar offsetting 3:24 Tucker & Associates , 605 W. Fort St. , Boise, ID 83702 (208) 345-3704 I IQuarter Circle Ranch 11/26/2002 Page 50 Iokay 2:18,20,23 pan 8:13 30:3,6 31:18,23 possible 19:24 projecting 16:21 10:11,21 13:15 paramedic 9:23 33:7,11,23 34:9 possibly 5:10 18:15 properly 6:20 I 21:8 23:19,24 parce135:15 34:13 36:5,7,11 19:7,18 27:11 property 5:6 12:6 25:12,14,20 26:12 parcels 35:16 37:8,23 38:5,21 29:19 35:14 16:22 19:7 24:6 29:10 30:23 38:15 park 16:12,25 17:7 39:5,7,25 40:22 potential 18:24 28:8 34:10 35:15 I 41:23 42:12,24 18:5,12,20 19:9 percent 29:17 30:8 28:1 proposal 42:2 43:2,5 21:22 22:3 23:14 30:9,10,12 precedence 34:6 propose 19:4 old 14:9 16:8 parked 23:6,19 percentage 43:24 predominance 9:3 proposed 43:23 I on-street 6:14,19 parking 6:12,14,19 period 30:1,2 28:2 proposing 6:23 8:17 7:7,8,10,12 8:2,2 petroleum 7:21 prefer 35:14 7:20 8:1,22,24 once 16:13 18:18 8:15,17 18:13,17 phase 8:12 11:22 preliminary 2:8,8 provide 7:10 8:6 Ione-third 9:2 18:19,25 19:5 12:11,21 38:5 32:20 18:13 19:6 21:1 one-time 24:19 20:10,12,16,18,23 phases 23:13 present 2:5 23:9,11 24:4 ones 8:24 32:12 20:24 21:15,17,19 philosophical 31:5 presentation 3:5,8 26:23 27:7 35:9 38:10 23:9,12 29:7 philosophically presented 7:6 32:6 35:11,11,12 38:25 oOo---2:1 37:19 41:5,21 34:21,24 39:13 41:19 42:13,14 39:24 open 3:24 17:20 42:15,15 philosophy 37:16 pressure 43:12 provided 11:7 I 24:16 25:1,17 Parkinson 17:2 37:17 previously 42:10 20:16 37:1 30:1 35:12 36:5 part 9:4 24:17,17 phonetic 30:16 35:5 price 4:11 15:4,11 provides 7:25 8:1 37:7 40:5 25:1 37:2 38:3 piece 16:9,14 21:25 25:11 29:4 36:19 Ioperation 22:10 39:17 42:18 pipeline 16:1,4,8,20 principally 18:11 providing 5:3 8:9 opinion 31:10 particular 38:21 17:16,17,18 18:9 privacy 5:5,12 33:18 44:4 opportunities 36:2 particularly 21:19 18:16 23:11 24:1 26:17,22 29:5 provisions 12:24 I36:24 37:8 parts 40:9 place 11:14 16:2,13 private 2:6 4:18,21 public 1:13 2:2,4 opportunity 3:4 passageway 39:24 16:23 17:25 18:6 5:4,19,25 7:5 8:23 7:23 8:10,11,16 I14:12 34:17 35:24 passes44:5 19:9 33:22 34:13 11:10,24,25 12:1 8:17,19 10:6,18 36:14,18 37:11 pasture 16:9 plan 2:8 3:12 4:6 12:5,7,15,25 12:6,7,8,16,18,20 3 8:8 40:24 path 27:24 7:11,12 13:6 13:10 14:13,18,20 14:20,21 17:20 IOpposed 43:8 paths 27:23 28:10 16:15 19:5,15 20:11 18:18,18 19:1,6 opposite 9:14 pathway 16:12 planned 3:13 22:1,9 23:2,4 19:25 22:5,7,15 options 44:1 17:1,3,5 19:25 planning 19:19 24:10,10,11 32:10 23:3 24:3 25:17 I ordinance 3:17 24:2,6 27:6 plat 2:9 37:18,24,25 39:21 28:8 30:18,24 4:25 12:13,25 patio 3:15 4:3,19 please 26:11 39:23 40:1,9,10 37:18 39:14 41:4 40:10,15 5:15 28:21 29:2 pleasing 4:24 41:1,17 42:3 41:5,20,20 44:10 Iorganizations 9:19 patrol 27:22 plus 20:22 41:7 43:15 publicly 40:16 original 17:2,3 32:7 patrolled 27:25 point 4:16 7:19 8:6 probably 13:2 24:7 PUD 2:4,10 3:16,16 39:23 41:12,13 Peak 17:7 10:23 11:6,21 27:23 35:2 37:5 4:25 14:25 25:11 I 42:2,18 pedestrian 25:1,3 12:3,23 15:4 problem 23:2,16 35:10 40:24 43:25 originally 21:4 40:2 27:17 16:20 24:13 27:19 26:19 27:3,5 pu1130:13 ought 39:14,15,20 pedestrians 25:4 28:24 34:11 38:18 28:13 35:25 37:15 pulls 27:13 40:5 36:3 points 10:24 15:12 37:24 purpose 40:2 111 outside 23:6 people 5:9,16 8:7 25:11 problems 19:3 pursue 43:18 overall 8:21 43:25 9:11,15 16:19 police 20:11,17 26:21 put 2:15 24:13,19 I owners 11:17 19:7 18:4,20,21,23 21:21 28:12 PROCEEDINGS 28:6 31:24 33:12 ownership 10:6,18 19:8,10 21:22 policing 21:21 1:18 35:14 37:14 23:4,5,14,19 25:5 portion 4:21 12:12 profit 38:22,25 puts 34:2,19 I P 26:15 27:5 28:4 25:9 project 5:2 9:4,4 putting 43:11 P 45:1 28:17,19 29:20 possibility 30:12 12:22 13:8 43:25 PV 17:2 ITucker & Associates, 605 W. 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Fort St. , Boise, ID 83702 (208) 345-3704 I 1 I 45 II1 REPORTER' S CERTIFICATE 2 II 3 4 I, Debora Ann Kreidler, Certified II5 Shorthand Reporter, County of Ada, State of Idaho, II 6 hereby certify: 7 That I am the reporter who took the I 8 audio recorded hearing had in the above-entitled 9 action in machine shorthand and thereafter the II10 same was reduced into typewriting under my direct 11 supervision; and II12 That the foregoing transcript contains II 13 a full, true, and accurate record of the audio 14 recorded hearing had in the above and foregoing I15 cause. 16 IN WITNESS WHEREOF, I have hereunto set 1 17 my hand September 1, 2017 . I 18 19 1 20 L \,< 21 II Debora Ann Kreidler, Certified Shorthand 22 Reporter CSR No . 754 23 I 24 I 25 I 13 of 13 sheets Page 45 to 45 of 45 09/01/2017 12:45:22 PM