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Minutes - 2016 - City Council - 09/27/2016 - SpecialEAGLE CITY COUNCIL Special Meeting Minutes September 27, 2016 5:30 p.m. Early Start Time INVOCATION: REGULAR AGENDA: 5:30 p.m. 1. CALL TO ORDER: Mayor Ridgeway calls the meeting to order at 5:35 p.m. 2. ROLL CALL: KUNZ, BASTIAN, PRESTON, SOELBERG. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Mayor Ridgeway leads the Pledge of Allegiance. 4. DISCUSSION & POSSIBLE ACTION: A. Republic Services: Discussion of optional fee for long driveway service. Mayor introduces the issue. Rachel Klein, Republic Services, I'm here before you tonight to offer some new rates we don't currently have and offer a rate reduction on services. Distributes copies of the rate schedule to the Council. Provides Council an overview of the Rate Schedule. General discussion. This item will be scheduled for a public hearing on a future agenda. 5. REPORTS: NO REPORTS A. City Attorney Report: Review of procedure for conducting public hearings. Page 1 \\EAGLEPS2\Common\COUNCILX IINUTES\Temporary Minutes Work Area\CC-09-27-16spming.doc B. Mayor and Council Reports: Soelberg: Kunz: Bastian: Preston: Mayor: C. City Hall Department Supervisor Reports: Zoning Administrator Vaughan: Building Official Nash: City Clerk/Treasurer Bergmann: No report 6. PUBLIC COMMENT: None This time is reserved for the public to address their elected officials regarding concerns or comments they would like to provide to the City Council regarding subjects not on the agenda. At times, the City Council may seek comments/opinions regarding specific City matters during this allotted time. This is not the time slot to give formal testimony on a public hearing matter, or comment on a pending application or proposal. Out of courtesy for all who wish to speak, the City Council requests each speaker limit their comments to three (3) minutes. 7. ADDITIONS, DELETIONS OR MODIFICATIONS TO THE AGENDA: A. City Staff requests. None B. Mayor or City Council requests. Preston: I would like to move Item #10A onto the Consent Agenda. I have had discussions with two members of the Board at the Fire Department and we have discussed some noise reductions measurers from 11:00 to 12:00. So we have worked this out a good compromise. Kunz: Discusses the signatures on the signup sheets for Item #11C Commercial Certificate of Occupancy Permit Fee. Mayor is there any one here who has signed up for #11C. Commercial Certificate Page 2 \\EAGLEFS2\Common\COUNCIL\MINUTES\Temporary Minutes Work AreACC-09-27-16spmtng.doc of Occupancy permit fee? Seeing none. Mayor reads the names of the 4 people who have signed up. Are those people here to testify on #11C? I think we can move this up or to the Consent Agenda Kunz I would move that we move Public Hearing Agenda Item #11C Commercial Certificate of Occupancy permit fee and accompanying Resolution 16-25 to the Consent Agenda as item #Q. Mayor: is there any objection to moving? Then we will move Item #11C to the Consent Agenda as Item #Q. 7. CONSENT AGENDA: ♦ Consent Agenda items are considered to be routine and are acted on with one motion. There will be no separate discussion on these items unless the Mayor, a Councilmember, member of City Staff, or a citizen requests an item to be removed from the Consent Agenda for discussion. Items removed from the Consent Agenda will be placed on the Regular Agenda in a sequence determined by the City Council. ♦ Any item on the Consent Agenda which contains written Conditions of Approval from the City of Eagle City Staff, Planning & Zoning Commission, or Design Review Board shall be adopted as part of the City Council's Consent Agenda approval motion unless specifically stated otherwise. A. Claims against the City. B. Domestic Violence Awareness Month Proclamation: A Proclamation naming the City of Eagle in joining national and local officials in proclaiming October as Domestic Violence Awareness Month. (SR) C. Resolution 16-24 — Proposed rate increase for the City of Eagle Water System: The City of Eagle Water Department is proposing rate increases (not exceeding 2%) for certain water services. (KA) Page 3 \\EAGLEFS2\Common\COUNCIL%MINUTES\Temporary Minutes Work Area\CC-09-27-16spmtng.doc D. Joint Powers Agreement between the City of Eagle and Ada County Sheriffs Office for Law Enforcement Services for fiscal year 2016-2017. (SR) E. Agreement for Mechanical Inspector Services between the City of Eagle and RIMI Inc for fiscal year 2016-2017. (SN) F. Agreement for Buildine Inspector Services between the City of Eagle and Rick Wenick for fiscal year 2016-2017. (SN) G. Agreement for Plumbing Inspector Services between the City of Eagle and DMH Enterprises for fiscal year 2016- 2017. (SN) H. Agreement for City Prosecutor / Criminal Legal Services between the City of Eagle and the City of Boise for fiscal year 2016-2017: (SR) I. Findings of Fact and Conclusions of Law for FPUD-04-06 & FP -09-06 — Foxglove Estates Subdivision No. 2 — Linder 17 Investment, LLC: Linder 17 Investment, LLC, represented by Allison Findlay, is requesting final development plan and final plat approvals for Foxglove Estates Subdivision No. 2, a 22 -lot (17 -buildable, 5 -common) residential subdivision. The 8.33 -acre site is generally located at the northwest corner of North Linder Road and West Saguaro Drive. (WEV) J. Findings of Fact and Conclusions of Law for A-04-16/RZ- 06-16 — Annexation and Rezone from RUT (Rural -Urban Transition — Ada County Designation) to MU -DA (Mixed Use with a development agreement) — Richard and Sharon Terry: Richard and Sharon Terry, represented by Kirsti Grabo with KM Engineering, LLP, is requesting an annexation and a rezone from RUT (Rural -Urban Transition — Ada County designation) to MU -DA (Mixed Use with a development agreement). The 6.74 -acre site is generally located on the south side of State Highway 44, approximately 1,380 -feet west of the intersection of West State Street and State Highway 44 at 2755 Page 4 \\EAGLEFS2\Common\COUNCIL\MINUTES\Temporary Minutes Work Arca\CC-09-27-16spmtng.doc West State Street. (WEV) K. Findings of Fact and Conclusions of Law for RZ-05-02 MOD5 — Development Agreement Modification (Lakemoor Commercial Development) — Hawkins Companies: Hawkins Companies, represented by Christian Samples, is requesting a development agreement modification to update the Concept Plan associated with Area "D" (identified in the overall site plan [Exhibit A2] contained within the executed development agreement — instrument #113103020) of the Lakemoor development and modify the commercial guidelines. The 25.14 - acre site is located at the southeast corner of East Colchester Drive and South Eagle Road approximately one-third mile north of Chinden Boulevard. (WEV) L. Findings of Fact and Conclusions of Law for RZ-05-16 — Rezone from R-4 (Residential) to CBD (Central Business District) — Shawn Nickel: Shawn Nickel is requesting a rezone from R-4 (Residential) to CBD (Central Business District). The 0.33 -acre site is generally located on the west side of North Eagle Road approximately 675 -feet north of West State Street at 247 North Eagle Road. (WEV) M. Minutes of September 8, 2016. N. Minutes of September 13, 2016. O. Minutes of September 19, 2016. P.(10A). Noise Waiver Request: Eagle Volunteer Fire Department, represented by Andrew Weinstein, is requesting a noise waiver for their annual Haunted Woods Fundraiser to be held behind Merrill Park located at 637 E. Shore Dr. Eagle, Idaho. They seeking the waiver to be until midnight on the following dates: October 14, 15, 21, 22, 28-30, 2016. (This item was continued from the September 13, 2016 City Council meeting). Q. (I 1C.) Commercial Certificate of Occupancy permit fee: In accordance with Idaho State Code §63-1311A, a public hearing is being held to consider the establishment of a $50.00 Page 5 \\EAGLEFS2\Common\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-09-27-16spmtng.doc commercial occupancy fee. The proposed permit fee shall be for new tenants intending to occupy existing commercial, the purpose is to ensure compliance with zoning and building codes and preserve the health and safety of the public. (SN) C.1 Resolution 16-25: A Resolution Of The City Of Eagle, Idaho, Establishing A New Fee For Commercial Occupancy Permits And Providing An Effective Date. (SN) Kunz moves to approve the Consent Agenda Items #A -#Q. Seconded by Soelberg. Bastian: AYE; Preston: AYE; Kunz: AYE, Soelberg: AYE. ALL AYES: MOTION CARRIES...... 9. NEW BUSINESS: Request for Reconsideration regarding RZ-05-02 MOD5 — Development Agreement Modification (Lakemoor Commercial Development) — Hawkins Companies: Hawkins Companies, represented by Christian Samples, is requesting City Council reconsideration of their prior decision to deny the development agreement modification to update the Concept Plan associated with Area "D" (identified in the overall site plan [Exhibit A2] contained within the executed development agreement — instrument #113103020) of the Lakemoor development and to modify the commercial guidelines. The 25.14 -acre site is located at the southeast corner of East Colchester Drive and South Eagle Road approximately one-third mile north of Chinden Boulevard. (WEV) Mayor introduces the issue. Zoning Administrator Vaughan provides the Council with an overview the project and the request for reconsideration. Bastian moves to approve the Request for Reconsideration regarding RZ-05-02 MODS -Development Agreement Modification. Seconded by Soelberg. Discussion. ALL AYES: MOTION CARRIES............ 10. UNFINISHED BUSINESS: Page 6 \\EAGLEFS2\Common\COUNCIL\MINUTES\Temporary Minutes Work AreACC-09-27-I6spmtng.doc A. Noise Waiver Request: Eagle Volunteer Fire Department, represented by Andrew Weinstein, is requesting a noise waiver for their annual Haunted Woods Fundraiser to be held behind Merrill Park located at 637 E. Shore Dr. Eagle, Idaho. They seeking the waiver to be until midnight on the following dates: October 14, 15, 21, 22, 28-30, 2016. (This item was continued from the September 13, 2016 City Council meeting). MOVED TO THE CONSENT AGENDA AND APPROVED. Mayor calls a recess at 5:55 p.m. Mayor reconvenes at 6:00 p.m. (13) EXECUTIVE SESSION: §74-206. When authorized. (1) An executive session at which members of the public are excluded may be held, but only for the purposes and only in the manner set forth in this section. The motion to go into executive session shall identify the specific subsections of this section that authorize the executive session. There shall be a roll call vote on the motion and the vote shall be recorded in the minutes. An executive session shall be authorized by a two-thirds (2/3) vote of the governing body. An executive session may be held: A. Personnel Matters: §74-2061(1)(b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student. Mayor introduces the issue. Kunz moves to go into Executive Session in accordance with I.C. 74-2061(1)(b) to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student. Seconded by Bastian. Bastian: AYE; Preston: AYE; Kunz: AYE, Soelberg: AYE. ALL AYES: MOTION CARRIES ................... Council goes into Executive Session at 6:00 p.m. Page 7 \\EAGLEFS2\Common\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-09-27-16spmtng.doc Council discusses personnel issues. Council leaves Executive Session at 6:05 p.m. Kunz: The City has a building employee by the name of Randy Upson who will be retiring soon. He has requested some paid leave, so my motion would be that the City of Eagle approve up to 4 weeks of paid leave for Randy Upson for the month of December. Seconded by Soelberg. Discussion. Bastian: AYE; Preston: AYE; Kunz: AYE, Soelberg: AYE. ALL AYES: MOTION CARRIES ................... Mayor calls a recess at 6:05 p.m. Mayor reconvenes at 6:30 p.m. 11. PUBLIC HEARINGS: NO PUBLIC HEARING ITEMS WILL BE HEARD PRIOR TO 6:30 P.M. Public Hearings are legally noticed hearings required by state law. The public may provide formal testimony regarding the application or issue before the City Council. This testimony will become part of the hearing record for that application or matter. A. RZ-01-07 MOD3/PP-03-16 — C1 Subdivision — Dave Callister: Dave Callister, represented by John Carpenter, P.E., with T -O Engineers, Inc., is requesting a development agreement modification and preliminary plat approval for C1 Subdivision, a 10 -lot (9 buildable and 1 common) residential subdivision. The 5.70 -acre site is located on the east side of Park Lane approximately 1,200 -feet south of Beacon Light Road at 2440 North Park Lane. This item was continued from the September 13, 2016 City Council meeting. (WEV) Mayor introduces the issue. Planner Williams provides the Council an overview of the Page 8 \\EAGLEFS2\Common\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-09-27-16spmtng.doc application. John Carpenter, T -O Engineers, Inc., applicant's engineer, displays a power point and discusses the irrigation issues. General discussion. Mayor goes over the grounds rules for a public hearing. Mayor opens the Public Hearing. Ernie Satterthwait, 2524 N. Hearthglow Place, I submitted a letter of testimony to the Mayor and City Council. Reads his letter into the record in regards to the water issues. Jennie Satterthwait, 2524 N. Hearthglow Place, my husband said everything I was going to say. This was the subdivision's pond and notification was not given to everyone in the subdivision. Ken Lobo 2811 Camerton, I have been here a year. I think our pond is our pond. If he wants to put that subdivision in they would put a pond in. Michelle Green, 2549 N. Hearthglow Place, some of my concerns have been expressed. We are not part of the process. We are asking that we are part of the process. I want to be on the record that I don't agree with them tapping into our pond. Discussion. David LeRoque, 2499 N. Hearthglow Place, we bought into the subdivision not knowing that we were going to be subsidizing another subdivision. We didn't know that there would be an expense down the road. I'm concerned about the pump wearing out sooner. I would suggest that they go ahead and build their own pond. Margo LeRoque, 2499 N. Hearthglow Place, I have a concern with the calculation of T -O Engineers. Our space in the pond is designed for our allotment not for an additional development. Discuss the new subdivision taking their water and the water level of their pond. Darcy Shields, 2740 N. Hearthglow Ave, I have to thank my Page 9 \\EAGLETS2\Common\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-09-27-16spmtng.doc neighbors for notifying me the meeting because I live more than the 300'. Discusses the water agreement and two HOA's. It is going to a problem dealing with two HOAs. Why would you take the responsibility of the new subdivision to provide pressurized irrigation and hove it off to another subdivision? Michael Hester, 3950 W. Night Hawk Lane, I am three properties over although it is only 35' to 40'. My concern is the density of the subdivision proposed. Mayor: We are only taking questions on the water issue. My concern is that they are trying to squeeze another house in there instead of using their own water system. Jason Ellison, 3664 W. Tabasco Trail Ln, I'm concerned about the density of this subdivision. I thought this was open to all questions. Discussion the reduction of the number of lots for an easy transition. I can submit the signatures on the transition? Mayor: yes you can submit the signatures. Bret Green, 2549 Hearthglow, Paul has asked me to work with the HOA and I'm going to go ahead and communicate to the homeowners in regards to this proposal and what the homeowners want. The developers have actually not come to an agreement on this. There has been two proposals that have not been approved. Discussion. Mike Davis, Holladay Engineering, City Engineer, discusses the standards on the water shares. The developer has shown that they have the adequate shares to meet the needs. Discussion. Discusses their approval letter. Council discussion. Planner Williams discusses the City requirements for pressurized irrigation for this subdivision. General discussion. John Carpenter, T -O Engineering, the conditions stated by the City Engineer we will comply with. Council discussion. Page 10 \\EAGLEPS2\Common\COUNCIL\MTNUTES\'temporary Minutes Work Area\CC-09-27-16spmtng.doc Mayor closes the Public Hearing. Kunz moves that the City of Eagle approve RZ-01-07 MOD3/PP-03-16 a development agreement modification and preliminary plat approval for C1 Subdivision for Dave Callister. Seconded by Soelberg. Discussion. Bastian: my concern is that if they don't reach an agreement and they decide that they have to build their own pond, they will have to reduce the number of lots by one but I thought heard by the Engineer that maybe well they could find someplace else to put that pond in an open space or green area and I would rather that not happen. If they can't reach an agreement I would like to see them reduce their proposal by one lot. Kunz amends his motion accordingly to the language that Councilman Bastian just brought forward. Soelberg concurs. Discussion. Kunz moves that the City of Eagle approve RZ-01-07 MOD3/PP-03- 16 a development agreement modification and preliminary plat approval for C1 Subdivision for Dave Callister with the understanding that if an agreement cannot be reached then the parties agree to reduce the number of lots in order to provide a pond if necessary for irrigation. Second concurs. Discussion. ALL AYES: MOTION CARRIES......... Mayor: before we move on to the next agenda item CPA-02-15/A- 02-15/RZ-05-15/CU-02-15/PPUD-01-15/PP-03-15– Isla del Rio Subdivision—Buie Stoddard Group I would like to make a few comments. With the number of people in the audience tonight and we recognize that this is a critical issue and it is an emotional issue and it is very important. This is a unique issue for this Council. I would like people to show respect for those that are testifying whether you agree with them or not. I am going to hold you accountable to the 3 minutes. Please don't be redundant. We want to wrap up public testimony by 10:30 so rather than make a decision on this tonight after public testimony we will continue Page 1 I \\EAGLEFS2\Common\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-09-27-16spmtng.doc this to our next meeting so we will have time to consider everything that has been said. General discussion. B. CPA-02-15/A-02-15/RZ-05-15/CU-02-15/PPUD-01-15/PP- 03-15– Isla del Rio Subdivision — Buie Stoddard Group: Buie Stoddard Group, represented by Tamara Thompson with The Land Group, Inc., is requesting a comprehensive plan map amendment to include 88.25 acres from the Boise City Comprehensive Plan (Boise City Land Use designation of "Large Lot') into the City of Eagle Comprehensive Plan (Eagle Land Use Designation of Residential Two – up to 2 units per acre). The applicant is also requesting an annexation, rezone from RP (Rural Preservation – Ada County designation) to R -2 -DA -P (Residential with a development agreement – PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for Isla del Rio Subdivision, a 112 -lot (97 -buildable, 15 -common) residential planned unit development. The 88.25 -acre comprehensive plan site and is generally located approximately 1,300 feet east of the eastern terminus of East Island Wood Drive and directly east of 850 E. Williamson Lane. The 74.32 -acre Isla del Rio Planned Unit Development site is generally located at the terminus of East Island Woods Drive. (WEV) Mayor: I would like to ask the Councilmembers if they have had any ex parte contact to declare regarding this issue? Bastian: No Preston: I signed a petition on Facebook several weeks ago to protect the Eagles in eagle. I personally feel I can make an objective decision on this application. When I signed the Petition on Facebook I hadn't seen any of the details of the application. I have also had ex parte contact with two wildlife officials, one Federal and one State. I was unable to contact staff on Friday and I got more information on the permit in terms of the general requirements. I would ask my fellow Councilman if they feel I can Page 12 \\EAGLEFS2\Common\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-09-27-16spmtng.doc provide an objective view or if they prefer I recuse myself. Discussion. Councilmembers agree that Councilwoman Preston does not have to recuse herself. Soelberg: I don't have any ex parte communication but I have received several emails and those have forwarded on to the City Council and have been added to the packet. Kunz: I would also note that I have received several emails and attachments on this subject all of which have been forwarded to the PZ Department. Mayor: I will discuss my ex parte contact. This is such an issue just going to the Saturday Market three different couples stopped me and wanted to talk about this issue. I did not get into any details except that we had a public hearing tonight. I had a call from a gentleman in the audience tonight. The City several months ago in an effort to be transparent started posting agendas. We always post all of our agendas, usually on Thursday before a Tuesday night meeting. We post those in several different locations. On Thursday morning we also posted all of the documents regarding this issue. About 5:00 o'clock on Friday the Granicus website where these were osted we realized there was an issue and one of the clerk's went in to try and repair that and we did not realize it was down all weekend, it was also down all day on Monday and we realized that ourselves Tuesday morning. It is not a legal requirement that the documents be posted, anyone wanting those could walk into City Hall, but it is our goal to make sure that they are posted and that we are transparent as possible. I apologize for this being down over the weekend but as far as legally we have met our obligation to make sure the public is aware of the business we are trying to conduct. Planner Baird -Spencer displays a power point presentation and provides Council an overview of the application with regards to the Comp Plan. General discussion. Page 13 \\EAGLEFS2\Common\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-09-27-16spmtng.doc Planner Williams displays a power point presentation and provides Council an overview of the proposed annexation and rezone, the preliminary development plan, conditional use permit and associated preliminary plat. General discussion. Jeff Stoddard, applicant, I want to address two main things. There has been a number of misinformation and truths about our proposal and about me personally. For those who have shown up to make sure the Eagle is protected, I want to you to know that we share those concerns. The first misunderstanding is that I am an out-of- state developer. I was born and raised in Idaho and I am a 4th generation in Idahoan. My Idaho and Treasure Valley roots are very deep. Another misrepresentation is that my project intends to harm the nest. This is absolutely not true. Discusses the process of protecting the Eagle's nest. Tamara Thompson, The Land Group, representing the applicant, provides Council an overview of the project. Joann Butler, representing the applicant, distributes a copy of the Requested Changes to Conditions of Approval provided by the Planning & Zoning Commission, displays this document on the overhead and discusses the changes that they would like to request. Mayor opens the Public Hearing Robin Sandy, 553 E. Riverchase, I am also the President of the HOA, I understand how your tax structure works and your projects work. I am concerned about only one exit. Discusses the aging of the trees. We have had trees that have fallen and blocked the road. What happens if emergency vehicles cannot get through? I urge you to think about this and put safety first. I am not part of the Eagle Group. I never heard them say anything bad about Mr. Stoddard. Michael Stokes, 1663 S. River Grove Way, I am member of the Island Woods HOA, I have a signed agreement with ACHD which says that the Island Woods HOA is solely responsible for the Page 14 \\EAGLEFS2\Common\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-09-27-16spmtng.doc maintenance, repair and upkeep of all of the decorative insert pavers currently in place in East Island Woods Drive. Discusses the location of the pavers. We have tried to talk to the Developer about the impact of the construction. We request that approval not be give or until we can reach an agreement and the repair and replacement of the pavers. Discussion. Ian Burnett, 1417 N. Foresto Bello Way, I'm presently the President of Corrente Bello HOA. I'm here to speak on the positive character of Jeff Stoddard. He has turned Corrente Bello into one of the premier developments in Eagle. I fully support Jeff. Discusses emergency access. Dennis Stover, 1070 E. Crown Pointe Drive, I met with a representative from the Land Group and we were concerned about the construction traffic which we did not want to come through. Discusses the traffic that will come through his development and the construction traffic that will ruin the roads. Discusses the size of the lots adjoining their development. You covered the Eagle and that is good. Tom Kennedy, 753 E. Riverchase Way, has anyone investigated the financing of the developer. ACHD must come up with a plan to repair Island Woods Drive. Discusses oil and gas development in Ada County, who owns the minerals rights on this property. Are we in danger of having oil and gas drilling on this property? Discussion. Jeff Martel, 1768 N. Valle Bello Way, I have had a working relationship with Mr. Stoddard and have been his real estate broker. Discusses how Mr. Stoddard improved the Corrente Bello Subdivision. I have moved my family there because of the quality of it. The amount of design work that has gone into this is incredible. I would ask the Council to approve this as it is a great project for the City of Eagle. Matt Knickrehm, 4831 Willow Creek, I have been building in Page 15 \\GAGLEFS2\Common\COUNCIL\MINUTBS\Temporary Minutes Work AreACC-09-27-16spming.doc Eagle for quite a while. I have built in Island Woods, Rivers Ends, Mace Ranch and all of the surrounding areas and I have also built in some of Mr. Stoddard's subdivisions. I really hope this subdivision goes through. I think it will be a great subdivision for the City of Eagle. James Larken, 561 E. Fishing Creek Lane, I am in support of this subdivision, it is going to be a great addition to the City. Tim Bungary, 1170 E. Riversong Drive, I'm not necessarily against the proposal for developing the property but the 25' strip between the subdivisions is awfully narrow. Discusses the riparian area and the flow of the water. I don't want our subdivision to be damaged. Rick Gividen, 1584 S. Aspen River Way, you are going to hear from a large group of residents after me. Safety is our first concern. Some the residents that are going to speak have spent hours reviewing the Comp Plan. Discusses the Wow Factor and some conservation issues. Aubrey Richardson, attorney with Angstman Johnson, I'm hear speaking on behalf of two neighbors who live in Rivers End, Ellen Elder and Lisa Goddard. They are not opposed to the development however they would like the City Council to consider whether this development is ready for approve. We believe that it is not. Discusses the posting of documents on the website and some documents that they have not been able to review. I would ask the Council to hold open this public hearing so we can review documents. Discusses the density, the inadequate transition. We presented a letter that is in your packet in regards to the Eagle. Terri Pickens Manweiler, 398 S. 91h St., Boise, distributes copies of her slide presentation to the Council. I represent the homeowners, Dan and Patricia O'Leary. The O'Leary's have a very unique situation. There is a 25' buffer zone between Rivers Edge and the Williams Ranch. The O'Leary's only have a 10' buffer zone Page 16 \\EAGLEFS2\Common\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-09-27-16spmtng.doc between their lot and the proposed subdivision. Discusses the buffer zones and the density of the project. General Discussion. Mr. O'Leary discusses where his house sits on the property. Dave Douglas, 1335 S. Gosling Rd., my biggest concern is ACHD's report on traffic. I'm concerned about a traffic hazard which is the one entrance on Island Wood Drive. Discusses the ACHD's report on traffic. I'm asking for a complete safety hazard reduction report. The proposed design does not come close to our existing standards. Discusses the zone for the Eagle's Nest. Claudia Williams, 1091 E. Crowne Pointe Drive, I think this proposed development is out of compliance of the Comp Plan and is not compatible with the other subdivisions in the area. Discusses the pool and the club house, the lot size, the size of the ponds, density placement and reduction. Cindy Gividen, 1584 S. Aspen River Way, discusses the change of the name. Mr. Stoddard has such great references I would love for him to build behind me. Discussion the beauty of Island Wood and Rivers End developments. Discusses buffers between subdivisions and their entrance ways. We deserve that buffer. Bill Elder, 1758 S. Aspen River Way, our land is immediately adjacent to the development. This proposed development no way has the features and qualities of Eagle's End. Discusses the PZ recommendations, the traffic, one road, emergency access, the location of the club house and the mailboxes, the buffer and the ponds. Discusses the Fish and Wildlife Service and their minimum standards. Greg Brown, 1802 S. Aspen River Way, my wife and I gave a letter to the PZ Commission about the transition buffer between the subdivisions. Discusses a transitional buffer, the lot sizes, the entrance and the ponds. Ken Nyberg, 1518 S. Willow Lake Place, I consider myself very fortunate to live in the City of Eagle and that I live within a 100 Page 17 \\EAGLEFS2\Common\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-09-27-16spmtng.doc yards of our Nations Symbol, the Bald Eagle. Discusses the Bald Eagle. Save the Eagle, save our Country. Dan O'Leary, 1240 E. Riversong Dr, displays a power point presentation. I'm going to talk about a lack of good faith listening. Discusses the transitional buffer, O'Leary family buffer, traffic impact, safety, density, club house, ponds, the number of homes and the Eagle's Nest. No one has listened to us. I'm asking you not to make a decision tonight and address these issues. Gary Merritt, 1374 E. Rivers End Drive, expresses his concern about the legal notice that was sent out to homeowners. My property is just 300' away and I did not get a notice. Discusses the traffic and the safety along Island Wood Drive. We were not invited to give input. Pam Freeman, 1149 E. Riversong Drive, I have a unique perspective on this because we are new to the area. Discusses the beauty of the Williams Ranch. We were not aware of this development that was coming in. We are not opposed to growth but the growth has to be responsible. There has not been a enough time with us to work with the developer to come up with a successful developer that will keep everyone happy. Please don't make a decision now. Jeff Hickey, 415 E. Trailside Drive, a lot of people have already voiced my concerns. Discusses the school bus picks up, construction truck traffic and the noise they make. This is a huge safety issue. I would ask Council to consider that the construction traffic come off from State and not Island Wood road. Linda Williamson, 856 Williamson Lane, the Williamson Ranch, Eagle was unincorporated when we move here. Discusses the Eagle area and the ranches that were here when they moved here and the development of the Island Woods Subdivision and the Mace Ranch Subdivisions. Rivers End was Williamson Ranch. This is a family partnership. We own this property, have paid Page 18 \\EAGLEFS2\Common\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-09-27-16spmtng.doc taxes, and worked hard to pay for our property. With due respect I ask that you approve this project. This will be a great development and tax base for the City of Eagle. Holly Eubanks, 1678 W. Spanish Bay Drive, I am a recent transfer from California. This area is just like Southern California years ago. Discusses the problems with the development in Southern California. I would suggest that the City buy the land so it can be a breathing space. James Theriault, 1275 S. River Flow Way, I will be the blunt by the traffic with the development. This impacts my quality of life. Discusses the traffic, density and the ingress and egress. We are not happy with this we don't want to see this. Gary Christenson, 6661 W. Colchester, the City of Eagle has high standards and you have created a beautiful community. The staff has been very diligent and through to make sure this meets the standards of the City of Eagle. My experience with Mr. Stoddard has been great. He is a man of honor and of his word. He always tries to do the right way. Discusses the elevations, density and setbacks. The standards of the City are being met. Julie Kline Fisher, attorney for Toby and Linda Williamson. Like the Williamsons I am local. The Williamsons have been good stewards of the land. The development has slowly shrunk the area where the Williamson Ranch is. It becomes harder and harder to maintain a ranch were development has occurred. Toby and Linda and not required to maintain this land for others. This is their land. They had a lot of options and they choose to work with Mr. Stoddard. Discusses private property rights. I urge you make a decision in a timely manner. The Williams own the ranch and they have the right to sell it. Michael Rauer, 1717 S. Willow Lake Way, some of my concerns have already been raised. My wife sent an email to the Council discussing the traffic and safety issues on Island Wood Drive. Page 19 \\EAGLEPS2\Common\COUNCIL\MINUTES\Temporary Minutes Work Arca\CC-09-27-16spmtng.doc Andrew McNeal, 1084 E. Crowne Pointe Dr., discusses the density. I have been in the development and construction industry before I retired. Discusses road refurbishment of Island Wood Drive, the buffer and the construction traffic. James Scott Stevens, 1141 E. Crown Point Drive, I live on a corner lot. Displays Goggle Map. Discusses the proposed second entrance into the new subdivision and the traffic which would go directly by my house and through Rivers End. Discusses the new FEMA Map that will be coming out. Marilyn Schmidt, 1424 S. Gosling Place, discusses the traffic on Island Wood Drive. The traffic even backs up and blocks my street. Tucker Johnson, 170 S. Academy, I was born and raised here and I lived on Eagle Road for five years. I used to hunt and fish right here along the river. I have been involved in development for 25 years. Nothing turns out that makes everyone happy. We don't always get to pick where the stub outs are. Island Wood Drive was designed as a collector to and it will end at this development. The amenities are very much in line with other developments in Eagle. Doug Wickforest, 1651 Water Leaf Drive, I found out from neighbors about this meeting. I have spent time over the last week studying this. I see that the developer has spent much time in developing. Discusses the traffic. I don't like that second entrance. The developer should give more consideration to the Rivers End residents than the Williamsons. Discusses the buffer. Mayor: I thank you for sticking with us. As I previously said this will be continued to the October 11th meeting and I will not close the Public Hearing. General discussion. Discussion on JoAnn Butler's letter in regards to the Fish and Wildlife Service. Kunz moves to continue the public hearing for CPA-02-15/A- 02-15/RZ-05-15/CU-02-15/PPUD-01-15/PP-03-15—Isla del Rio Page 20 \\EAGLEFS2\Common\COUNCIL\ IINUTES\Temporary Minutes Work Area\CC-09-27-16spmtng.doc Subdivision for Buie Stoddard Group to October 11th with the condition that written comments only will be taken up through October 4th (Discussion) with a firm deadline of all written comments must be submitted to the City of Eagle no later than October 4th to be considered in the public hearing. Discussion. Kunz: to the City Planning and Zoning Department. Discussion. Kunz: no later than 5:00 p.m. on October 4th. Seconded by Bastian. ALL AYES: MOTION CARRIES...... C. Commercial Certificate of Occupancy permit fee: In accordance with Idaho State Code §63-1311A, a public hearing is being held to consider the establishment of a $50.00 commercial occupancy fee. The proposed permit fee shall be for new tenants intending to occupy existing commercial, the purpose is to ensure compliance with zoning and building codes and preserve the health and safety of the public. (SN) C.1 Resolution 16-25: A Resolution Of The City Of Eagle, Idaho, Establishing A New Fee For Commercial Occupancy Permits And Providing An Effective Date. (SN) MOVED TO THE CONSENT AGENDA AND APPROVED 12. PUBLIC COMMENT: This time is reserved for the public to address their elected officials regarding concerns or comments they would like to provide to the City Council regarding subjects on the agenda. At times, the City Council may seek comments/opinions regarding specific City matters during this allotted time. Out of courtesy for all who wish to speak, the City Council requests each speaker limit their comments to three (3) minutes. 13. EXECUTIVE SESSION: §74-206. When authorized. (1) An executive session at which members of the public are excluded may be held, but only for the purposes and only in the manner set forth in this section. The motion to go into executive session shall identify the specific subsections of this section that authorize the Page 21 \\EAGLEFS2\Common\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-09-27-16spmtng.doc executive session. There shall be a roll call vote on the motion and the vote shall be recorded in the minutes. An executive session shall be authorized by a two-thirds (2/3) vote of the governing body. An executive session may be held: A. Personnel Matters: §74-2061(1)(b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student. MOVED TO BEFORE THE PUBLIC HEARINGS 14. ADJOURNMENT: Mayor: I would entertain a motion to adjourn. Kunz: so moved. Seconded by Bastian. ALL AYES: MOTION CARRIES ................ Hearing no further business, the Council meeting adjourned at 10:55 p.m. Respectfully submitted: mw 0-1i r F We 0 CITY CLERK/TREASURER APPROVED: r STAN RIDGEWAYJ MAYOR •.•• ��{ OFF '•. �.•� �: POR •••.<<{t •••� ` * (� 9 �•Z. *� OF ID •.•• AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT WWW.CITYOFEAGLE.ORG. Page 22 \\EAGLEFS2\Common\COUNCIL\MINUTES\Temporary Mmutes Work Area\CG09 27 16spmtng.doc EAGLE CITY COUNCIL MEETING PUBLIC HEARING SIGN-UP CPA-02-15/A-02-15/RZ-05-15/CU-02-15/PPUD-01-15/PP-03-15— Isla del Rio Subdivision -Buie Stoddard Group September 27, 2016 (i.)a q.,e_ 1 4 NAME TESTIFY PRO/ CON r- - ,PLEASE PRINT ADDRESS "ES/NO NEUTRAL &//1/(c6-1 F Rloq-ciAn6,e / I _ 11r (6,r? (Z � r j� wavY Al A\ -'t A PY...1(2_NET-1- 1Y17 OV f-JrtSTh'_) IcJ'• 4y ,O z —//iV i6 7o I. ` r,'c�,�, ur= 752 /<1( YE,'7I/1: (,,/71-/ d ViKo0V ` eVAtk\l-k-c_C- 11 Ki1 kkrelivr� Cf( 'L 1 L YcS is Yrs 17 (0 - 0<.,1( \oe llo Wet �J y e E re Lk Lam, cl`C A .� YL �_ ((; -, / tV:)/7\ Jf}V y r1 �� I , r� l rVb &NM a7o f ` k V r,k5-0 fJ ✓ � � e €/.;t// S CC eeu e;17,A 3 S C /0 ,1 `.7 L/„ A/, i2,e Inc 2772 d-Ze (( (;'6;?/-(‘) k/ A, Cc J✓ C'o4 Tvi2 pfC) rj ce EAGLE CITY COUNCIL MEETING PUBLIC HEARING SIGN-UP CPA-02-15/A-02-15/RZ-05-15/CU-02-15/PPUD-01-15/PP-03-15— Isla del Rio •1 Subdivision -Buie Stoddard Group September 27, 2016 S ,J r J6rti 5 TA VC- ._()JG 5-14if--.EMP+-10►� —4-rarrtc--�-, 15 S 115('r - !ht. (Jy Aria g -man ctn `31i1/VV AJ Lakehm.ibcr 3 5 . 11` ma(- 2-41) , 1 p e3102 --- 133.5-s6)-0.1111 3102- 1 \N� 1\10/-\011../ `f c iv 0 (/) p co A,/ SDA F CfJ wL CIA/A Ci LA 011.4140 GP -L(- SKvLJtJ t 7CIAO AO Ic &Y1/t.k 11 ,/ 5 / PCP l/ ?>/ 1584 3 RsWi F ► GJAj 4c..; (c..; S /1 5-/49/2, whif �S/eC4/Cr �G Vcs,S col) aot.e-W? EAGLE CITY COUNCIL MEETING PUBLIC HEARING SIGN-UP CPA-02-15/A-02-15/RZ-05-15/CU-02-15/PPUD-01-15/PP-03-15— Isla del Rio Subdivision -Buie Stoddard Group September 27, 2016 NAME PLEASE PRINT :bo9N G'L:E-y 'ArLy /14_,2 017 7 MI (.44 t4cL., 3ro -r s ?AtL-c Fel: y11-14sU ,cEe SHS ADDRESS /Ci --i• A. /37yEMrye-44rlvb / it- // G 6/erieq^.1 Lac; /L° i / 4'2' 2,VE'CJ"-/C .k. /) esErb. TESTIFY PRO/ CON YES/NO NEUTRAL 4 / Tr?els /"d yeS �vit) 5 Vis _en cr tVt Co Ai Con Cv pzo :76(`% DL ‘' (Li l s, e fa.ale. di/T irr r /� o I - y f el40 �C� ---`'k (dQ c/v( .ti M///Ib 2 �/ k E)16L6 vc= Gvz•vv4 ()Ay ,$) -D C,\c1 1,v...aGAG Q0 1 /} //)/ ) o4t sg/z L0-1 ti+ .. Cn c_Tc, 1(1 oor'V /Z/Z-, revj P) 11' S* t Sf !/ • , /e's i ' �' /C / EAGLE CITY COUNCIL MEETING PUBLIC HEARING SIGN-UP C PA-02-15/A-02-15/RZ-05-15/C U-02-15/PPUD-01-15/PP-03-15— Subdivision-Buie Stoddard Group September 27, 2016 15\\C-\ 4071- I ii&z / 7 /s0ti, Lr\, Q 4 n) 0 tiw _e d 1L0� I (J)6 1wi 114,441,a7 (Je,r /-it/. /4/2, iLATALf 471 7e6 Ike (.16u YTS - (L. , W,c-te,- Int Q.G� 1. !� l 1C �a ��-15 ►4 e aidy_rhr J?Ul yi P1t t. 1( !'Vi 44-v Joknzs SL JeF,\S S .t\-6.AS\ \G2 ?alit( .r( I NOSL-9` 2(y c, yE q 5 tiv , 6q.v21.A. F< 4 C No Nv Isla del Rio rifni U>1 r on ri‘a pro IQ() n1 Nit) Lte-iLDI /A, Yl � co 11 co`1 ►\, co KJ iv) Aim EAGLE CITY COUNCIL MEETING PUBLIC HEARING SIGN-UP CPA-02-151A-02-15/RZ-05-1_5/CU-02-15/PPUD-01-15/PP-03-15— Isla del Rio Subdivision Buie-S-toddrd-Group /,,,,t/te• September 27, 2016 NAME PLEASE PRINT 1/4 , RA- t( '-'101114(.1'21)i(0v� a'vk 1 cc- ^-e-t' f ADDRESS (, TESTIFY PRO/ CON YES/NO NEUTRAL "t Ci) oa S \. y bc/.0116: .4'Gvvr.L eAR,CG (A(// •/))/ IA 54 (01,(}€44 ieF_Se( C71- JOHN.S0tNi L ry 2 5c1 • ,7,1\ th. ,Ai 0 ,;? /J �fPtf//41 A% tit A 1717 S V1/4,;//c k) a.� CO1 I . CCA/ EAGLE CITY COUNCIL MEETING PUBLIC HEARING SIGN-UP CPA-02-15/A-02-15/RZ-05-15/C U-02-15/PPUD-01-15/ PP -03-15— Isla del Rio Subdivision Buie Stoddard Group September 27, 2016 NAME TESTIFY PRO/ CON PLEASE PRINT ADDRESS YES/NO NEUTRAL 'rl 5 4 /J . ( a V✓L-1%1- _ EAGLE CITY COUNCIL MEETING PUBLIC HEARING SIGN-UP Commercial Certificate of Occupancy permit fee September 27, 2016 NAME PLEASE PRINT 1fv yN) .`ti11,‘ TESTIFY ADDRESS "'ES/NO \ . La_V bw(x)L L im MPtCC(EisiLtC ,2:7q7 5 Lvis17, LN.74 L i'odo LQtbac.her (77 oL--1 S LKi_ \/15/-cx /(2__ J eS Covivvf alijrl SLije v is 11 . PRO/ CON NEUTRAL crvk Pico P)-0 EAGLE CITY COUNCIL MEETING PUBLIC IIEARING SIGN-UP RZ-01-07 MOD3/PP-03-16 — Cl Subdivision — Dave Callister September 27, 2016 TESTIFY PRO/ CON ADDRESS YES/NO NEUTRAL NAME PLEASE PRINT , �.✓, ? �.�,T ‘,72.0e/ ' '6 r J \/A.y c;?, M:�,T (. / r. eAtiAikoriti 2117? el. CeA;, G � a fo 2 2 r r o(y-i-loc i2 T� � �• 7 J (2s0,1 y/s-0,-, ,PS1 I464kt, kw 1I a ti 99 4) ) �� o ye- _:70-71/1 � 4 99 /li q 1 \-)/. , `7 SIJ 1Ji2a(1-1110,0 P)vkiz. jai ( eC. y w (a ISJC7 T� ] 1.1 ys t/r";:i)) pve (6,-C z In regards to RZ-01-07 MOD3/PP-03-16 — C1 Subdivision, developed by Dave Callister We the undersigned, living within 600 feet of this proposed development, appreciate the decisions by Eagle City Council in past to maintain a smooth transition between developments of different housing density. The best example of this is Henry's Fork subdivision, which has 1 acre Tots adjacent to previously developed 2 acre lots. This precedent provides an aesthetic transition from Iow to high density housing. We the undersigned, respectfully request adjustment to Mr. Callister's proposal by reducing the proposed Tots immediately adjacent Tabasco Trail Lane to 3. The southern side of this private road has one home gig 2 acres. The current proposal by Dave Callister does not provide even •i N� transition between his development'these 2 acre lots. His current proposal would create an eye sore in this area. Our request helps maintain the concept of transition between established properties on Targe Tots and newer higher density developments. Name/Signature Address 4,trit-d2 kv,,L/ 7/1-T / //471 ,i y>'v c?. ,), y 4 f /44 !/ 3s7c, w P4e. ZA6 Arc(,) lithrodi-(,1)�7s wN,L LYt_ c) k C 1-(fcki- \ L-\- &I 2 3c, 2_, Pc, r )( c, , _E_., 1-e, YycjiiKX 4Lakt_tace_`I.i✓tnC[= i3oz -Par l< Lane, 4CM-----TsaN-ov\+CS i ZvaS N.i74rA L4 (t2 ( PC\ Lce, :5D\ In regards to RZ-01-07 MOD3/PP-03-16 — C1 Subdivision, developed by Dave Callister We the undersigned, living within 600 feet of this proposed development, appreciate the decisions by Eagle City Council in past to maintain a smooth transition between developments of different housing density. The best example of this is Henry's Fork subdivision, which has 1 acre lots adjacent to previously developed 2 acre Tots. This precedent provides an aesthetic transition from low to high density housing. We the undersigned, respectfully request adjustment to Mr. Callister's proposal by reducing the proposed lots immediately adjacent Tabasco Trail Lane to 3. The southern side of this private road has one home eft 2 acres. The current proposal by Dave Callister does not provide even transition between his developmenthese 2 acre lots. His current proposal would create an eye sore in this area. Our request helps maintain the concept of transition between established properties on large lots and newer higher density developments. Name/Signature Address 3665-160-- tnAd 1 1 11 ed -5,01- - &&L/ TgiAsto—hje rn_,, Ate-„eikso, ( ( /, -N, ea4/ (A ( -Z,? S ,/i/ A ,, 4 L Eagle City Council Meeting September 27, 2016 Eagle, Id. 83616 Terri Pickens Manweiler Specifically, my clients assert the following concerns regarding the subdivision. First, the Isla del Rio Subdivision provides a twenty-five foot (25') buffer zone between the back fences of the Island Woods neighbors along most of its Western boundary. Recognizing the need for compatibility between the neighbors (Eagle City Code 9-1-3(A)), the revisions to the subdivision plat should require the same twenty-five foot (25') buffer for the O'Leary property. Currently, the plat only calls for a five foot (5') setback for their property, clearly not in line with the adjacent property owners. • f7 s r• , t �t 1.":1 • N 1. t1 .- - �-_ � , �-Yr xjr yrfr-jh•rlJJfr r�, t1 �,. err '• ; :�•• \ �r .xrr: s... -sir:r ...4 . 44•••4 �X. 1'J+! rf >f iJilJfY'Nwt 'r. Rig• ss, • 1 r, • - t `, —r• ,' t ��. • 1 '. Cj •lei , 11 8 )13016 The subdivision plat also calls for unnecessarily high density adjacent to the wetlands. This does not leave adequate open space for recreation and compatibility with the adjacent subdivisions and protected areas. (Eagle City Code 9-1-3(C)). On a related note, the density would also create a negative impact on the eagle that is nested adjacent to the proposed subdivision plat. The Eagle City Council is charged with the very important task of protecting the City's recreational areas as well as the wetlands and our national bird, the city's namesake. Lowering the density of this subdivision plat would be a wise step by the City Council in protecting this area and the wildlife that inhabits it. ,, Finally, lowering the density of the proposed subdivision plat would be more in line with the neighboring subdivisions, protecting the continuity of the area. As a requirement of annexation, the developer should be required to lower the density, add more open space, and create larger, more obvious buffers between Isla del Rio and its neighboring subdivisions. Pickens Cozakos. _P.,y. 398 S. 9F" Street. Ste 240 Terri Pickens Manweilcr P 0. Box 915 Attorney at Law Boise. Idaho 83701 icrn a nicl.cni,lak'hoi.e.coni 208.954.5090 (t) www.oickenslawboise.com 208.954.5099 (f7 September 19, 2016 SENT VIA HAND DELIVERY AND EMAIL eaglecity@cityofeagle.org Eagle City Council City of Eagle Eagle City Hall 660 E. Civic Lane Eagle, Idaho 83616 Re: Isla del Rio Subdivision Your File No.: A-02-15/RZ-05-15/CU-02-15/PPUC-01-15 and PP -03-15 Our File No.: Dan & Patricia O'Leary, 608-1 Dear Council Members: This office represents homeowners Dan and Patricia O'Leary, adjacent to the proposed development known as Isla del Rio Subdivision, which is being considered by the Eagle City Council on Tuesday, September 27, 2016. The application includes an annexation request, rezone request and planned unit development application. My clients appeared and testified before the Planning and Zoning Commission on August 15, 2016, and again on September 3, 3016, expressing their concerns regarding the proposed subdivision plat. This letter will serve as their submission against the proposed Subdivision and the Findings of Fact and Conclusions of Law ("FFCL") issued by the Planning and Zoning Commission. The FFCL require modifications to the proposed subdivision plat to make it more compatible with properties immediately adjacent to the subdivision, however, the FFCL specifically exclude my clients' property, despite it also being directly adjacent to the proposed plat. The 0' Learys respectfully request that this Council protect their property as the FFCL protect their neighbors, as specified herein below. Specifically, my clients assert the following concerns regarding the subdivision. First, the Isla del Rio Subdivision provides a twenty-five foot (25') buffer zone between the back fences of the Island Woods neighbors along most of its Western boundary. Recognizing the need for compatibility between the neighbors (Eagle City Code9-1-3(A)), the revisions to the subdivision plat should require the same twenty-five foot (25') buffer for the O'Leary property. Currently, the plat only calls for a five foot (5') setback for their property, clearly not in line with the adjacent property owners. The subdivision plat also calls for unnecessarily high density adjacent to the wetlands. This does not leave adequate open space for recreation and compatibility with the adjacent subdivisions and protected areas. (Eagle City Code 9-1-3(C)). On a related note, the density would also create a negative impact on the eagle that is nested adjacent to the proposed subdivision plat. The Eagle City Council is charged with the very important task of protecting the City's recreational areas as well as the wetlands and our national bird, the city's namesake. Lowering the density of this subdivision plat would be a wise step by the City Council in protecting this area and the wildlife that inhabits it. Finally, lowering the density of the proposed subdivision plat would be more in line with the neighboring subdivisions, protecting the continuity of the area. As a requirement of annexation, the developer should be required to lower the density, add more open space, and create larger, more obvious buffers between Isla del Rio and its neighboring subdivisions. We appreciate your consideration in this matter. My clients and I will attend the public hearing on September 27, 2016, and stand for any questions or clarifications you may have. In the meantime,. if you have any questions concerning the foregoing, please do not hesitate to contact me. Sincerely, Terri Pickens Manweiler Pii Lt•ii, (_*n/aI,u,. 1'..1. 1(cal 1'.:.lalt' •liil,llll?i (uII,II!I<'IUIII 1.I11'aII(Hl 66- q., 27-( ' Isla del Rio Requested Changes to Conditions of Approval Provided by the Planning & Zoning Commission Conditions of Approval — Annexation and Rezone 3.1 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary plat and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this agreement. 3.2 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be required by the City. 3.3 The total number of residential units on the Property shall not exceed 97 -units and the maximum density of the property shall not exceed 1.77 dwelling units per acre (excluding floodway). 3.4 The conditions, covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for repair and maintenance of all community and privately owned landscaping, pressurized irrigation facilities, and amenities. The owner shall provide an operation and maintenance manual including the funding mechanism as an addendum to the CC&Rs and the repair and maintenance requirement shall run with the land and that the requirement cannot be modified and that the homeowners association or other entity cannot be dissolved without the express consent of the city. (b) A requirement for all fencing located adjacent to open space and comer lots to be open - style such as capped wrought iron, capped extruded aluminum (looks identical to wrought iron), or three -rail -type decorative fencing. Solid -type fencing is acceptable along the southern boundary of the subdivision. (c) A requirement that development (including fencing) within the floodway area is prohibited unless certification by a registered professional hydraulic engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge and uses within the floodway shall be restricted to those which are required for public necessity. (d) A requirement that riparian vegetation and wildlife habitat, if any, along the stream bank and within the required 25 -foot wide setback or riparian zone be maintained. (e) An express acknowledgement that the property owners are aware of the existence of the Boise Waste Water Treatment Plant located across the south channel of the Boise River and waive the right to file complaints regarding odors, noise or other normal operations associated with the waste water treatment plant. (f) A requirement that in the event any of the CC&R's are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC&R's are subject to all rules, regulations, S:1Docs\Stoddard Property Investments Limited Partnership\Williamson Parcel - Eagle Idaho\APPL\Revised Conditions for Council 9-27-16.docx -1 laws and ordinances of all applicable government bodies In the event a governmental rule. regulation, law or ordinance would render a part of the CC&R's unlawful. then in such event that portion shall be deemed to be amended to comply with the applicable rule, regulation, law or ordinance. 3.5 The single-family dwellings shall be constructed in substantial conformance to the styles of architecture as shown in Exhibit "D" To assure compliance with this condition. the applicant shall create an architectural control committee (ACC) as a component of the development's CC&R's. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&R' s. and shall be reviewed and approved by the City attorney prior to the approval of the first final plat. The submittal of the building permit application to the City for each structure within the development shall be accompanied by an approval letter from the Architectural Control Committee. Building permit applications that do not have an approval letter attached will not be accepted. To assure compliance with the conditions of approval herein. the City reserves the right to deny. at its discretion, any building permit application that does not substantially conform to the design requirements as shown on Exhibit "D." If a building permit is denied, the applicant shall have the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code Section 8-7-4-1. 3.6 The Owner's property shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the submittal of a final plat application. Prior to issuance of any building permits, Applicant shall provide proof of central sewer service to the proposed residential use. 3.7 Applicant shall provide a clubhouse and pool located within a common lot centrally located within the development. The intent of the pool and club house is to provide a venue for activities for the residents of the development. The building architecture and associated landscaping shall be reviewed and approved by the Eagle Design Review Board prior to submittal of a final plat application. 3.8 Owner shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the proposed and required landscape islands and all common areas throughout the development, 3) elevation plans for all proposed common area structures and irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump house (if proposed), 5 useable amenities such as picnic tables. covered shelters, benches, playground equipment, gazebos, and/or similar amenities, 6) design of ponds to be constructed in reference to mosquito abatement, and 7) all proposed fencing throughout the development. The design review application shall be reviewed and approved by the Eagle Design Review Board prior to the submittal of a final plat application. 3.9 Owner shall provide a report or analysis of any proposed changes to wetlands located on the Property and any such change shall be contingent upon approval by the Army Corps of Engineers, Idaho Fish & Game Department (if applicable), the Idaho Department of Water Resources (if applicable), Ada County, and any other appropriate governmental agencies, and shall be in accordance with the Eagle Comprehensive Plan and City Code Applicant agrees all development and improvement of the Property shall comply with rules and regulations pertaining to regulated wetlands prior to submittal of a final plat application. 3.10 Owner shall provide an approved Land Use Change/Site Development Application from Boise River Flood Control District No. 10 prior to submittal of a final plat application S:\Docs\Stoddard Property Investments Limited Partnership\Williamson Parcel - Eagle Idaho\APPLIRevised Conditions for Council 9-27-16.docx - 2 3.11 Owner shall comply with all applicable provisions of Title 10, Flood Control, of the Eagle City Code 3.12 All buildings shall be setback a minimum of 100 -feet from the floodway line as identified on the Flood Insurance Rate Map (FIRM) associated with the site. 3.13 Owner shall comply with the U.S. Federal Fish and Wildlife Permit, No MB86328B-0, Conditions and Authorizations and Monitoring Protocol Details In addition Owner shall comply with the following development requirements: (a) The proposed lots located within the 330 -foot wide buffer area will meet all provisions outlined in the Isla del Rio Subdivision Environmental Impact Assessment (Exhibit E), date stamped by the city on January 29. 2016. (b) te by the U.S. Fish and Wildlife Service (USFWS) and City. (c) The proposed lots located within the 660 -foot wide buffer area will meet all provisions outlined in the Isla del Rio Subdivision Environmental Impact Assessment (Exhibit E), date stamped by the city on January 29, 2016. (d) The proposed lots located within the 660 -foot wide buffer area and 330 -foot wide buffer area shall only be preliminary platted until the required landscaped buffer located within the 330 -foot wide nest buffer area reaches maturity, as defined by the Isla del Rio Subdivision Environmental Impact Assessment (Exhibit E), date stamped by the city on January 29, 2016. The mature landscaped buffer area shall be inspected and approved by the USFWS and City. Upon approval of the mature landscaped buffer area by the USFWS and City the lots within the 660 -foot wide buffer area (outside of the 330 -foot wide buffer area) may be final platted. (e) The phasing plan, shown on the preliminary plat, date stamped by the city on July 25, 2016, shall be amended so that all lots located within phase four (4) are only those found within the 660 -foot wide buffer area and so that all Tots located within phase five (5) are only those found within the 330 -foot wide buffer area. (f) (g) The area located within the 660 -foot wide buffer area shall be graded outside of the defined courting, nest, and fledging periods (January - July/August) Buried infrastructure shall only be allowed within this area and timeframe, however, no additional development or infrastructure shall be constructed within the 660 -foot area until the required landscaping located within the 330 -foot nest buffer area reaches maturity, as defined by the Isla del Rio Subdivision Environmental Impact Assessment (Exhibit E) or an acceptable alternative that is reviewed and approved by the USFWS and City. This includes the construction of roads. sidewalks, and other infrastructure to be constructed within the 660 -foot wide buffer area. General maintenance of the buffer areas is allowed, but should be minimized to the extent possible during courting, nest, and fledging periods (January - July/August). In the event that a new Bald Eagle nest is constructed within the generalized area, all construction activity would cease within the 660 -foot radius from the nest until a Bald Eagle plan is developed and approved by the USFWS and City. and a new permit issued by the USFWS. (h) A bald eagle nest monitoring plan associated with the area located within the 660 -foot wide nest buffer shall be provided quarterly to the USFWS and the City. S:\Docs\Stoddard Property Investments Limited Partnership\Williamson Parcel - Eagle Idaho\APPL\Revised Conditions for Council 9-27-16.docx - 3 (i) Prior to submittal of a final plat application Owner shall record a deed restriction in connection with the 330 -foot wide buffer area reasonably acceptable to the City attorney advising the public of condition of development approval 3.13 and U.S. Federal Fish and Wildlife Permit No. MB86328B-0. and prohibiting the sale of lots within the 330 -foot wide buffer area to an end user for the construction of a dwelling until satisfaction of condition 3.13 and Permit No. MB86328B-0. 3.14 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section 9-4-1-6, a minimum ten foot (10') wide asphalt public pathway along the portion of the Property located adjacent to the Boise River. The pathway shall be constructed concurrently with Phase No. 1 of Isla del Rio Subdivision. The specific location and design of the pathway shall be approved by the City engineer and the City of Eagle Park and Pathway Development Commission prior to submittal of a design review application The asphalt pathway shall be located in a recorded easement or easements dedicated to and accepted by Eagle as provided in Eagle City Code Section 94-1-6(E) (2). The instrument number of the recorded easement or easements shall be referenced on the face of the plat, upon recordation of the final plat(s) wherein the pathway is located. Upon completion of construction of the pathway and prior to the acceptance of the pathway by the City, the Owner shall 1) submit a survey stamped and prepared by a professional land surveyor demonstrating that the pathway was constructed within the easement area. and 2) submit a letter from the design engineer indicating that the pathway was constructed in substantial compliance with the approved plans and specifications. Other than any pathways approved by Eagle, development within the Floodway and the open space area between the development and the Boise River shall be prohibited. 3.15 A minimum of one emergency and/or service access point to the Boise River for the use of repair and rescue equipment and personnel shall be provided. Location and width of emergency and/or service access shall be as determined in coordination with the City of Eagle Park and Pathway Development Commission, Eagle Fire Department. and Boise River Flood Control District #10 and approved by City prior to approval of a design review application for the Property. 3.16 Upon completion of the Ada County Development Services Property Boundary Adjustment (Project No. 201500467 PBA) Conditions of Approval Owner shall provide a copy of the final approval letter to the city prior to the city adopting an ordinance of annexation. 3.17 The Eagle Island Area of Impact Agreement between the City of Eagle and the City of Boise shall be approved and executed by the City Council prior to approving a resolution to amend the comprehensive plan. Conditions of Approval — Conditional use Permit, Preliminary Development Plan, Preliminary Plat SITE SPECIFIC CONDITIONS OF APPROVAL: Comply with all conditions within the development agreement for rezone application RZ-05-15 or any subsequent modifications. 2. The applicant shall comply with all conditions of approval of the Floodplain Development Permit (#FP -01-16) and complete the proposed work within the Area of Special Flood Hazard (ASFH) prior to the City Clerk signing the final plat for each respective phase affected by the Floodplain Development Permit. 3. Comply with all requirements of the City Engineer. S:\Docs\Stoddard Property Investments Limited Partnership\Williamson Parcel - Eagle Idaho\APPL\Revised Conditions for Council 9-27-16.docx - 4 4. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City, whichever occurs first. (ECC 9-2-3 [C] [3) [1]) 5. Provide documentation from the Army Corps of Engineers regarding the requirement of a 404 - Permit prior to submittal of a final plat application. Should a 404 -Permit be required, a copy of the final approval from the Army Corps of Engineers shall be required prior to submittal of a final plat application 6 The required setbacks and lot coverage shall be as follows. Front Rear Interior Side story) Street Side 20-feet/living area, 25-feet/garage (front load) 20 -feet 7 5 -feet (first story)/ (additional 5 -feet per story, measured to the second 15 -feet (living area), 25-feet/garage (front load) Maximum lot coverage 40% 7 Provide a revised preliminary plat with a plat note that states, "Minimum building setback lines shall be in accordance with the Eagle City Zoning Ordinance at the time of issuance of a building permit or as specifically approved and or required." The revised preliminary plat shall be provided prior to the City Clerk signing the final plat. 8. Provide a revised preliminary plat which includes a new plat note that states, "All development within this subdivision shall be consistent with the Conditions of Development of the development agreement associated with RZ-05-15 and subsequent modifications." The revised preliminary plat shall be provided prior to submittal of a final plat application. 9 Provide a revised preliminary plat with plat note #4 revised to read, "Lots 1 and 3, Block 1, Lots 1, 10, & 11, Block 2; Lots 1, 8, 17, & 30, Block 3; Lots 1 & 23, Block 4; Lot 1, Block 5; and Lots 1, 12, 24, and 25. Block 6; are designated as common/landscape area lots and will be owned and maintained by the Isla del Rio Subdivision Homeowners Association and/or assigns." The revised preliminary plat shall be provided prior to submittal of a final plat application. 10. Provide a revised preliminary plat showing the subsurface pipes interconnecting the ponds located within common lots prior to submittal of a final plat application. 11. = th.t zt and pool to be centrally locat:�' : ?thm th7 devetepmeR4—The clubhouse and pool shall be constructed with the first phase of the development. The revised preliminary plat shall be provided prior to submittal of a design review application. 12. Provide a revised preliminary plat with a new plat note that reads, "Lots 1 and 3, Block 1; Lots 1, 10, & 11, Block 2; Lots 1, 8, 17, & 30, Block 3; Lots 1 & 23, Block 4; Lot 1, Block 5; and Lots 1, 12, 24, and 25, Block 6, are designated as common/landscape area lots and shall have a blanket public utilities, drainage, and irrigation easement." The revised preliminary plat shall be provided prior to submittal of a final plat application. 13. Provide a revised preliminary plat showing street names approved by the Ada County Street Naming Committee prior to submittal of a final plat application. (ECC 9-2-3[C)(3)[i]) 14. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the Design Review Board) along both sides of all streets within this development. Trees shall be placed at the front of each lot generally at each side property line, or as approved by the Design Review Board. The trees shall be located within an 8 -foot wide landscape strip between the 5 -foot S:\Docs\Stoddard Property Investments Limited Partnership\Williamson Parcel - Eagle Idaho\APPL\Revised Conditions for Council 9-27-16.docx - 5 wide concrete sidewalk and the curb. Prior to the City Clerk signing the final plat the applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping. Partial reduction of the surety may be permitted for any portion of the development that is completed, including street trees that have been installed. On-going surety for street trees for all undeveloped portions of the development will be required through project completion. 15. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas or private Tots (unless approved for removal the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. 16. Provide a revised preliminary plat identifying the locations of the 100 -year floodplain boundary and the flood way boundary lines based on the Flood Insurance Rate Map (FIRM) in effect at the time. The revised preliminary plat shall contain a new plat note that states, "Portions of this subdivision are located within an Area of Special Flood Hazard (ASFH) as identified on the Flood Insurance Rate Map (FIRM) Panel Number 16001C0162H, (in effect at the time of final plat approval) and are subject to the regulations of Eagle City Code Title 10 Flood Control. Sheet flooding can and will occur and floods of greater magnitude may inundate areas outside identified floodplain and flood way boundary lines. The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 10-1-8-5[E]) 17. Provide a revised preliminary plat with a new plat note that states, "There shall be a 25' wide riparian zone easement measured landward from the mean high water mark in which no improvement is permitted and riparian vegetation shall be maintained in its natural state for the protection and stabilization of the riverbank and that removal of trees or other vegetation is regulated." The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 10-1-8-5[F]) 18. The single-family dwellings and pool house shall be constructed in substantial conformance with the architectural styles shown on Exhibit "D" (attached to the development agreement and incorporated herein by reference). The architectural styles provided by the applicant shall be the required architectural styles for the development. To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the subdivision CC&R's. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&R' s, and shall be reviewed and approved by the City attorney prior to the approval of the final plat application for phase one. The submittal of the building permit application to the City for each home within the development shall be accompanied by an approval letter from the Architectural Control Committee (ACC). Building permits applications that do not have an approval letter attached will not be accepted. To assure compliance with the PUD conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not meet the architectural requirements established herein. 19. All overhead utilities on the site shall be removed and/or placed underground prior to the City Clerk signing the final plat. (ECC 9-4-1-8) S:1Docs\Stoddard Property Investments Limited Partnership\Williamson Parcel - Eagle Idaho\APPLIRevised Conditions for Council 9-27-16.docx - 6 20. Any fencing located adjacent to common area open spaces and on the street side of all comer lots shall be an open fencing style such as capped wrought iron or other similar decorative style, durable fencing material. Fencing at the perimeter of the project along the south boundary of the subdivision may be a solid -type fencing Specific buffer area fences and decorative walls may be allowed as otherwise required in ECC Section 8-2A-7 (J). 21. The Isla del Rio Subdivision shall remain under the control of one Homeowners Association. 22. The applicant shall place a note on the final plat that the pressurized irrigation system and all common lots are to be owned and maintained by the Homeowner's Association. 23. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to maintain the pressurized irrigation system and all common landscape areas in the subdivision are maintained in a competent and attractive manner, including the watering, mowing. fertilizing and caring for shrubs and trees in perpetuity. 24. All plat notes that are required on the preliminary plat shall be transferred to final plat prior to submittal of a final plat application. 25. Provide a revised preliminary plat showing the number of lots located adjacent to the western boundary (between the two (2) streets providing access to the development) shall be reduced from a total of eight (8) lots to six (6) lots. The revised preliminary plat shall be provided prior to submittal of a final plat application. 26 The applicant shall be required to provide increased dense landscape screening on Lot 1. Block 2 (as shown on the preliminary plat. date stamped by the city on July 25. 2016). The landscape screening shall consist of a combination of shrubs. deciduous trees and evergreen trees. The landscape screening plan shall be reviewed and approved by the Design Review Board prior to submittal of a final plat application. 27. Provide a revised preliminary plat amending the phasing plan so that all lots located within phase four (4) are only those lots found within the 660 -foot wide buffer area and so that all lots located within phase five (5) are only those lots found within the 330 -foot wide buffer area. 28. Provide a revised preliminary plat with a new plat note that reads. "All Lots within phase 5 are subiect to U.S. Federal Fish and Wildlife Permit No. MB86328B-0 and are subiect to related City of Eaole Conditions of Development of the development agreement associated with RZ-05-15. None of such Lots in phase 5 shall be sold to an end user for the construction of a dwelling prior to satisfaction of U.S. Federal Fish and Wildlife Permit No. MB86328B-0 and the related Conditions of Development of the development aareement associated with RZ-05-15." The revised preliminary plat shall be provided prior to submittal of a final plat application. STANDARD CONDITIONS OF APPROVAL: 1 The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system. curbs, gutters. streets and sidewalks 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer Required improvements shall include. but not be limited to. extending all utilities to the S:\Docs\Stoddard Property Investments Limited Partnership\Williamson Parcel - Eagle Idaho\APPL\Revised Conditions for Council 9-27-16.docx - 7 platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the final plat. 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground title or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 9-4-1-9(C) which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the construction drawing(s) shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, drainage district, drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (I) has been made in such a mariner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submited to the City Engineer prior to the City Engineer signing the final plat. S:1Docs\Stoddard Property Investments Limited Partnership\Williamson Parcel - Eagle Idaho\APPL\Revised Conditions for Council 9-27-16.docx - 8 12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal, or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or drainage entity prior to the City Clerk signing the final plat. 13. Street light plans shall be submited and approved as to the location, height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards. The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. Whether located inside or outside of the public right-of-way the perpetual maintenance of the street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or homeowner's business owner's association, whichever the case may be. The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. 14. The applicant shall submit cut sheets showing street lighting details for review and approval by the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the streetlights will facilitate the "Dark Sky" concept of lighting. 15. The applicant shall provide utility easements as required by the public utility providing service, and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat. 16. An approval letter from the Eagle Fire Department shall be submited to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. The applicant has made arrangements to comply with all requirements of the Fire Department. b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building perm its. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. S:1Docs\Stoddard Property Investments Limited Partnership\Williamson Parcel - Eagle Idaho\APPL\Revised Conditions for Council 9-27-16.docx - 9 A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 18. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 19. The applicant shall submit an application for Design Review, and shall obtain approval for all required landscaping, common area and subdivision signage prior to the City Engineer signing the final plat. 20. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Parks and Pathways Development Commission for a path or walkway shall be approved in writing by the Eagle City Parks and Pathways Development Commission prior to approval of the final plat by the City Council. 21. Conservation, recreation and river access easements (if applicable) shall be approved by the staff and the City Engineer and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 22. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". 23. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to the City Engineer signing the final plat. 24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 25. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by the City Engineer. 26. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat. 27. Basements in homes in the flood plain are prohibited. 28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 29. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to S:IDocs\Stoddard Property Investments Limited Partnership\Williamson Parcel - Eagle Idaho\APPLIRevised Conditions for Council 9-27-16.docx - 10 comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest submits application to the City of Eagle for a change to the planned use of the subject property. 30. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC 9-6-5 (A) (2)). After Council approval of the final plat, the applicant may construct any approved improvements before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance in the amount of 150% of the total estimated cost for completing any required improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check. 31. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. 32. Prior to submitting the final plat for recording, the following must provide endorsements or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City Engineer, and City Clerk. 33. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. 34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar structures. Documentation indicating that "Digline" has performed an inspection of the site shall be submitted prior to the issuance of any building permits for the site. 35. Place a note on the final plat which states in general that surrounding land with farm uses and related activities shall be protected pursuant to the Idaho Right to Farm Act. 36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3 -feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. S:1Docs\Stoddard Property Investments Limited Partnership\Williamson Parcel - Eagle Idaho\APPL\Revised Conditions for Council 9-27-16.docx - 11 City of Eagle Report Criteria: Report type: GL detail Bank.Bank account = "82007705" Check Check Issue Date Number Payee 21244 09/22/2016 21244 TML Service Experts Total 21244: 21277 09/18/2016 21277 Idaho Child Support Receipting Total 21277: 21278 09/16/2016 21278 Key Bank - HSA 09/1612016 21278 Key Bank - HSA 09/16/2018 21278 Key Bank - HSA 09118/2018 21278 Key Bank - HSA 09/16/2016 21278 Key Bank - HSA Total 21278: 21279 09/26/2016 21279 A Company, Inc. - 801 Total 21279: 21280 09/26/2016 21280 Aisne Dunn Total 21280: 21281 09/26/2016 09/28/2016 09/26/2016 09/28/2016 21281 Albertsons/Safeway 21281 Albertsons/Safeway 21281 Albertsons/Safeway 21281 Atbertsons/Safeway Total 21281: 21282 09/26/2018 21282 Allegiant Powder Coating LLC Total 21282: 21283 09/26/2016 21283 Amanda Brandel 09/28/2016 21283 Amanda Brandel Total 21283: 21284 09/28/2016 21284 American Planning Association Total 21284: Check Register - Transparency Version Check Issue Dates: 9/14/2018 - 9/26/2016 Invoice Invoice Sequence GL Account Invoice GL Account Title 1 ch 16-0418-07-00 HVAC MTNC CONTRACT 1 ch 16-0217-08-00 GARNISHMENTS 1 ch 06-0217-10-00 HSA CONTRIBUTION 2 ch 16-0217-10-00 HSA CONTRIBUTION 3 ch 17-0217-10-00 HSA CONTRIBUTION 4 ch 09-0217-10-00 HSA CONTRIBUTION 5 ch 06-0217-10-00 HSA CONTRIBUTION 1 ch 15-0448-06-03 SEWER 1 ch 07-0461-03-00 CONFERENCES & SEMINARS 1 ch 01-041341-00 PUBLIC RELATIONS 1 ch 01-0413-05-00 OFFICE EXPENSES 1 ch 06-0481-30-01 CHILDRENS PROGRAMING 1 ch 06-0461-30-01 CHILDRENS PROGRAMING 1 ch 15-0455-06-00 UTILITIES 1 ch 99-0107-00-00 CASH CLEARING -UTILITY BILLING 2 ch 60-0220-00-00 WATER/SERVICE DEPOSITS 1 ch 14-0413-14-00 PROFESSIONAL DUES 9- X7`1 Page: 1 Sep 26, 2016 02:57PM Invoice Check Amount Amount 252.75- 252.75- 252.75- 150.00 150.00 150.00 435.00 435.00 385.00 385.00 100.00 100.00 100.00 100.00 100.00 100.00 1,120.00 105.50 105.50 105.50 80.00 60.00 80.00 17.46 17.46 48.07 46.07 19.13 19.13 23.64 23.64 106.30 12,800.00 12,800.00 12,800.00 11.52 11.52 33.01 33.01 44.53 510.00 510.00 510.00 City of Eagle Check Check Issue Date Number Payee 21285 09/26/2018 21285 Analytical Laboratories, Inc. 09/28/2016 21285 Analytical Laboratories, Inc. Total 21285: 21286 09/26/2016 21286 Anfnson Plumbing LLP Total 21286: 21287 09/28/2016 21287 Angela Williams Total 21287: 21288 09/28/2018 21288 Annie Lloyd Total 21288: 21289 09/26/2018 21289 09/26/2018 21289 09/26/2018 21289 09/26/2018 21289 09/28/2018 21289 09/26/2016 21289 09/26/2018 21289 09/28/2016 21289 09/28/2016 21289 09/26/2016 21289 Total 21289: Baldwin & Associates, Inc. Baldwin & Associates, Inc. Baldwin & Associates, Inc. Baldwin & Associates, Inc. Baldwin & Associates, Inc. Baldwin & Associates, Inc. Baldwin & Associates, Inc. Baldwin & Associates, Inc. Baldwin & Associates, Inc. Baldwin & Associates, Inc. 21290 09/26/2016 21290 Boise City Attorney's Office Total 21290: 21291 09/28/2016 21291 Bryon Joel Schexnayder Total 21291: 21292 09/26/2016 21292 Bustin Out of Boise Total 21292: 21293 09/26/2016 21293 Christy Lowry Total 21293: 21294 0926/2016 21294 Cant and Kim Semrau Check Register - Transparency Version Check issue Dates: 8/14/2016 - 9/28/2016 Invoice Invoice Sequence GL Account Invoice GL Account Title 1 ch 60-0435.56.00 TESTING -WKLY. MO, OTR. ANNUAL 1 ch 60-0435-56-00 TESTING -WKLY. MO, OTR, ANNUAL 1 ch 15-0443-01-00 MAINTENANCE & REPAIR 1 ch 09-0463-02-00 EAGLE SATURDAY MARKET 1 ch 01-0413-13-00 TRAVEL & PER DIEM 1 ch 14-0413-05-00 1 ch 14-0413-05-00 1 ch 01-0413-05-00 1 ch 12-0413-05-00 1 ch 11-0413-05-00 1 ch 12-0413-05-00 1 ch 16-0413-28-00 2 ch 09-0463-11-00 1 ch 09-0463-11-00 1 ch 01-0413-05-00 OFFICE EXPENSES OFFICE EXPENSES OFFICE EXPENSES OFFICE EXPENSES OFFICE EXPENSES OFFICE EXPENSES RESOURCE MATERIALS OFFICE SUPPLIES OFFICE SUPPLIES OFFICE EXPENSES 1 ch 01-0416-05-00 PROSECUTOR 1 ch 09-0463-05-00 PUBLIC ART DISPLAY 1 ch 16-0415-05-00 PARK/REC SECURITY DEPOSIT 1 ch 09-0463-02-00 EAGLE SATURDAY MARKET 1 ch 99-0107-00-00 CASH CLEARING -UTILITY BILLING Page: 2 Sep 26, 2018 02:57PM Invoice Check Amount Amount 1,854.00 1,854.00 16.00 18.00 1,870.00 750.08 750.08 750.08 150.00 150.00 150.00 83.18 14.40 39.90 38.29 14.40 14.40 51 68 1602 2415 17.36 55.56 63.18 63.18 14.40 39.90 38.29 14.40 14 40 51 88 1802 2415 17.36 55.56 288.16 5,064.17 5,084.17 5,064.17 1.435.03 1,435 03 1,435.03 100.00 100.00 100.00 45.00 45.00 45.00 22.19 22.19 City of Eagle Check Check Issue Date Number Payee 09/26/2016 21294 Clint and Kim Semrau Total 21294: 21296 09/26/2016 21295 Connect 4 Solutions, LLC Total 21295: 21298 09/26/2016 21296 Craig Frame Total 21296: 21297 09/26/2018 21297 De Lage Landen Financial Svc Total 21297: 21298 09/26/2016 21298 DeeTour Entertainment Total 21298: 21299 09/28/2016 21299 DigLtne Total 21299: 21300 09/28/2016 21300 Drugfree Idaho 09/26/2018 21300 Drugfree Idaho Total 21300: 21301 09/28/2016 21301 Eagle High School Total 21301: 21302 09/26/2018 21302 Eagle Water Co. 09/26/2018 21302 Eagle Water Co. 09/26/2016 21302 Eagle Water Co. 09/26/2016 21302 Eagle Water Co. 09/26/2016 21302 Eagle Water Co. 09/28/2018 21302 Eagle Water Co 09/26/2016 21302 Eagle Water Co 09/26/2016 21302 Eagle Water Co 09/28/2018 21302 Eagle Water Co 09/28/2018 21302 Eagle Water Co 09/26/2016 21302 Eagle Water Co 09/26/2018 21302 Eagle Water Co 09/28/2016 21302 Eagle Water Co 09/26/2016 21302 Eagle Water Co 09/26/2016 21302 Eagle Water Co 09/28/2016 21302 Eagle Water Co Check Register - Transparency Version Page: 3 Check Issue Dates: 9/14/2018 - 9/26/2016 Sep 26, 2016 02:57PM Invoice Invoice Invoice GL Invoice Check Sequence GL Account Account Title Amount Amount 2 ch 60-0220-00-00 WATER/SERVICE DEPOSITS 75.00 75.00 97.19 1 ch 09-0463-17-00 GAZEBO CONCERT SERIES 300.00 300.00 300.00 1 ch 01-0203-01-02 FIREWORKS BOND DEPOSIT PAYABL 3,000.00 3,000.00 3,000.00 1 ch 01-0416-24-00 EQUIPMENT LEASING 1,345.47 1,345.47 1,345.47 1 ch 09-0463-02-00 EAGLE SATURDAY MARKET 150.00 150.00 150.00 1 ch 60-0434-44-00 DIG LINE 147.40 147.40 147.40 1 ch 06-0217-07-00 LIBRARY HEALTH INSURANCE 41.37 41.37 2 ch 01-0217-07-00 GEN ADMIN HEALTH INSURANCE 41.37 41.37 82.74 1 ch 01-0418-35-00 ADMINISTRATIVE RESERVE 292.75 292.75 292.75 1 ch 15-0455-06-01 WATER 38.29 38.29 1 ch 15-0452-06-01 WATER 177.02 177.02 1 ch 15-0452-08-01 WATER 148.35 148.35 1 ch 01-0413-16-00 UTILITIES/NEW CITY HALL 377.58 377.58 1 ch 15-0446-06-01 WATER 606.31 608.31 1 ch 15-0455-08-01 WATER 80.63 60.63 1 ch 15-0455-06-01 WATER 337.83 337.83 1 ch 15-0455-08-01 WATER 288.88 288.88 1 ch 15-0447-06-01 WATER 31.68 31.68 1 ch 15-0449-06-01 WATER 2,738.29 2,738.29 1 ch 15-0449-06-01 WATER 408.71 408.71 1 ch 15-0450-06-01 WATER 225.90 225.90 1 ch 15-0453-06-01 WATER 80.94 80.94 1 ch 15-0455-08-01 WATER 25.23 25.23 1 ch 15-0454-06-01 WATER 1,042.52 1,042.52 1 ch 15-0448-08-01 WATER 445.48 445.48 City of Eagle Check Check Issue Date Number Payee 09/26/2018 21302 Eagle Water Co. Total 21302: 21303 09/26/2018 21303 Fagan, Michele Total 21303: 21304 09/26/2016 21304 HD Supply Waterworks, LTD Total 21304: 21305 09118/2018 21305 09/28/2018 21305 09/26/2016 21305 09128/2018 21305 09/28/2016 21305 Total 21305: Holladay Engineering Co. Holladay Engineering Co. Holladay Engineering Co. Holladay Engineering Co. Holladay Engineering Co. 21306 09/28/2016 21308 Horton, Sheri Total 21306: 21307 09/26/2018 21307 Idaho Correctional Industries Total 21307: Check Register - Transparency Version Page: 4 Check Issue Dates: 9/14/2016 - 9/28/2016 Sep 28, 2016 02:57PM Invoice Invoice Sequence GL Account Invoice GL Account Title 1 ch 15-0455-08-01 WATER 1 ch 09-0483-02-00 EAGLE SATURDAY MARKET 1 ch 80-0438-08-00 CAPITAL METER SETS 1 ch 01-0418-07-00 CITY ENGINEERING 1 ch 60-0434-42-00 WATER/ENG1NEERING 1 ch 60-0438-05-01 LINDER LOOP- CABRA CRK-N STAR 1 ch 01-0413-31-00 ENGINEERING FEE/DEVELOPER CHG 1 ch 01-0413-31-00 ENGINEERING FEE/DEVELOPER CHG 1 ch 12-0413-13-00 TRAVEL & PER DIEM 1 ch 12-0413-05-00 OFFICE EXPENSES 21308 09/28/2016 21308 Idaho Power Co. -Processing Ctr 1 ch 15-0455-06-02 09/26/2016 21308 Idaho Power Co. -Processing Ctr 1 ch 15-0454-06-02 09/28/2018 21308 tdaho Power Co. -Processing Ctr 1 ch 15-0455-06-02 09/26/2016 21308 Idaho Power Co. -Processing Ctr 1 ch 60-0434-60-00 09/26/2016 21308 Idaho Power Co. -Processing Ctr 1 ch 15-0441-06-00 09/26/2016 21308 Idaho Power Co. -Processing CV 1 ch 80-0434-60-00 09/26/2016 21308 Idaho Power Co. -Processing CV 1 ch 15-0453-06-02 0926/2016 21308 Idaho Power Co. -Processing Ctr 1 ch 15-0454-06-02 09/26/2016 21308 Idaho Power Co. -Processing Ctr 1 ch 15-0454-06-02 09/282016 21308 Idaho Power Co. -Processing Ctr 1 ch 15-0449-06-02 0928/2018 21308 Idaho Power Co. -Processing Ctr 1 ch 15-0441-06-00 09/282016 21308 Idaho Power Co. -Processing Ctr 1 ch 15-0455-06-02 09/282016 21308 Idaho Power Co. -Processing Ctr 1 ch 60-0434-60-00 09/26/2018 21308 Idaho Power Co. -Processing Ctr 1 ch 15-0450-06-02 09/262018 21308 Idaho Power Co. -Processing Ctr 2 ch 15-0449-08-02 0926/2016 21308 Idaho Power Co. -Processing Ctr 3 ch 15-0446-06-02 09/26/2016 21308 Idaho Power Co. -Processing Ctr 4 ch 15-0441-06-00 09/28/2016 21308 Idaho Power Co. -Processing Ctr 5 ch 01-0413-18-00 09/26/2016 21308 Idaho Power Co. -Processing Ctr 6 ch 15-0455-06-02 09/26/2016 21308 Idaho Power Co. -Processing Ctr 7 ch 15-0445-05-00 09282016 21308 Idaho Power Co. -Processing Ctr 1 ch 15-0452-06-02 09262016 21308 Idaho Power Co. -Processing Ctr 1 ch 15-0455-06-02 09262018 21308 Idaho Power Co. -Processing Ctr 1 ch 15-0455-06-02 ELECTRICAL ELECTRICAL ELECTRICAL POWER STREET LIGHTS -UTILITIES POWER ELECTRICAL ELECTRICAL ELECTRICAL ELECTRICAL STREET LIGHTS -UTILITIES ELECTRICAL POWER ELECTRICAL ELECTRICAL ELECTRICAL STREET LIGHTS -UTILITIES UTILITIES/NEW CITY HALL ELECTRICAL UTILITIES ELECTRICAL ELECTRICAL ELECTRICAL Involve Check Amount Amount 192.63 192.83 7,224.25 150.00 150.00 150.00 2,611.84 2,61184 35.00 1,295.00 15,855.00 245.00 59.00 2,611.84 35.00 1,295.00 15,855.00 245.00 59.00 17.489.00 162.00 182.00 162.00 35.00 35.00 35.00 11.13 27.37 7.67 1,149.23 35.92 289.10 8.97 111.48 26.01 66.64 29.85 11.47 504.71 285.07 5.25 18.49 1.742.70 853.09 21.29 172.85 328.98 6.01 5.25 11 13 27 37 7.67 1,149.23 35.92 289 10 6.97 111.48 26.01 68.64 29.85 11.47 504.71 265.07 5.25 18.49 1,742.70 853.09 21.29 172.85 328.98 6.01 5.25 City of Eagle Check Check issue Date Number Payee 09/26/2016 21308 Idaho Power Co. -Processing Ctr 09/28/2016 21308 Idaho Power Co. -Processing Ctr 09/26/2016 21308 Idaho Power Co. -Processing Ctr 09/28/2018 21308 Idaho Power Co. -Processing Ctr Total 21308: 21309 09/26/2016 21309 lnCom Total 21309: 21310 09/28/2016 21310 Intermountain Gas Company Total 21310: 21311 09/28/2018 21311 Jeffery Todd Dunnigan Total 21311: 21312 09/26/2016 09/28/2018 09/26/2016 09/28/2016 09/28/2018 09/26/2016 21312 21312 21312 21312 21312 21312 Total 21312: K&T Maintenance K&T Maintenance K&T Maintenance K&T Maintenance K&T Maintenance K&T Maintenance 21313 09/28/2016 21313 Kellie Rekow 09/28/2016 21313 Kellle Rekow Total 21313: 21314 09/26/2016 21314 Ken Acuff Total 21314: 21316 09/28/2016 21315 Kendall Ford Total 21315: 21316 09/26/2016 21316 Kevin and Christine Veen Total 21316: 21317 09/26/2016 21317 Kiley Shaw Check Register - Transparency Version Check Issue Dates: 9/14/2016 - 9/26/2018 Invoice Invoice Sequence GL Account Invoice GL Account Title 1 ch 15-0480-02-00 UTILITIES 2 ch 60-0434-50-01 SHOP UTILITIES 1 ch 15-0455-06-02 ELECTRICAL 1 ch 60-0434-60-00 POWER 1 ch 01-0414-03-00 MAINTENANCE AGREEMENT/CONTR 1 ch 01-0413-16-00 UTILITIES/NEW CITY HALL 1 ch 09-0463-02-00 EAGLE SATURDAY MARKET 1 ch 15-0445-03-00 1 ch 15-0444-03-00 1 ch 15-0443-03-00 1 ch 15-0460-03-00 2 ch 60-0434-50-01 3 ch 15-0442-03-00 CUSTODIAL SERVICES CUSTODIAL SERVICES CUSTORIAL SERVICES CUSTODIAL SERVICES SHOP UTILITIES CUSTODIAL SERVICES 1 ch 60-0434-22-00 TRAVEL-MTNGS-EDUCATION 2 ch 12-0413-13-00 TRAVEL & PER DIEM 1 ch 60-0434-22-00 TRAVEL-MTNGS-EDUCATION 1 ch 15-0413-26-00 GAS AND OIL 1 ch 60-0220-00-00 WATER/SERVICE DEPOSITS 1 ch 09-0463-02-00 EAGLE SATURDAY MARKET Page: 5 Sep 26, 2016 02:57PM Invoice Check Amount Amount 40.28 40.28 20.14 20.14 123.91 123.91 1,401.89 1,401.89 7,282.75 390.28 390.28 390.28 92.19 92.19 92.19 150.00 150.00 150.00 61.20 81.20 2,280 00 2,280.00 730.00 730.00 80.00 80.00 40.00 40.00 3,872.00 3,872.00 7,083.20 489.58 489.58 288.07 268.07 757.63 177.62 177.62 177.82 45.04 45.04 45.04 60.57 80.57 80.57 150.00 150.00 City of Eagle Check Register - Transparency Version Page: 8 Check Issue Dates: 9/14/2018 - 9/28/2016 Sep 26. 2016 02:57PM Check Check Invoice Invoice Invoice GL Invoice Check Issue Date Number Payee Sequence GL Account Account Title Amount Amount Total 21317: 21318 09/26/2016 21318 LED Total 21318: 21319 09/28/2016 21319 M2 Automation & Control Sery 09/28/2016 21319 M2 Automation & Control Sery Total 21319: 21320 09/26/2016 21320 Neurtlink Total 21320: 21321 09/26/2016 21321 NORFMA Total 21321: 21322 09/28/2018 21322 Osborn. Tracy Total 21322: 21323 09/28/2016 21323 Peak Alarm Company 09/26/2016 21323 Peak Alarm Company Total 21323: 21324 09/28/2016 21324 Pitney Bowes Total 21324 21325 09/26/2016 21325 PRECOM Total 21325. 21328 09/26/2016 21326 Purchase Power Total 21326 21327 09/28/2018 21327 Republic Services #884 09/28/2016 21327 Republic Services #884 09/26/2016 21327 Republic Services #884 09/26/2016 21327 Republic Services #884 09/28/2016 21327 Republic Services #884 09/28/2016 21327 Republic Services #884 150.00 1 ch 09-0463-17-00 GAZEBO CONCERT SERIES 1,000.00 1,000.00 1,000.00 1 ch 01-0485-03-00 CAPITAL EXPEND/CITY HALL EQUIP 315.00 315.00 1 ch 01-0416-35-00 ADMINISTRATIVE RESERVE 10,177.50 10,177.50 10,492.50 1 ch 15-0442-01.00 MAINTENANCE & REPAIR 830.00 630.00 830.00 1 ch 14-0413-14-00 PROFESSIONAL DUES 40.00 40.00 40.00 1 ch 12-0413-13-00 TRAVEL & PER DIEM 187.00 187 00 187.00 1 ch 15-0416-07-00 ALARM MONIOTRING AGREEMENT 102.84 102.84 1 ch 15-0416-07-00 ALARM MONIOTRING AGREEMENT 111.16 111.18 214.00 1 ch 01-0418-24-00 EQUIPMENT LEASING 483.47 463.47 483.47 1 ch 01-0414-01-00 SUPPLIES 120.00 120.00 120.00 1 ch 01-0413-07-00 POSTAGE 300.00 300.00 300.00 1 ch 15-0454-06-04 GARBAGE 1 ch 01-0413-16-00 UTILITIES/NEW CITY HALL 1 ch 15-0449-06-04 GARBAGE 2 ch 15-0452-06-04 GARBAGE 1 ch 18-0415-01-00 AWtN MGMT (BFI) ED/ADD SRVS 1 ch 15-0445-05-00 UTILITIES 109.95 109 95 163.71 183.71 225.04 225.04 225.04 225.04 625.16 625 16 79.78 79.78 City of Eagle Check Register - Transparency Version Page. 7 Check Issue Dates: 9/14/2016 - 9/26/2016 Sep 26, 2016 02:57PM Check Check Invoice Invoice Invoice GL Invoice Check Issue Date Number Payee Sequence GL Account Account Title Amount Amount Total 21327: 21328 09/26/2016 21328 Steve Noyes Total 21328: 21329 09/26/2018 21329 Summer Lawns, Inc. 09/26/2016 21329 Summer Lawns, Inc. Total 21329 21330 09/28/2016 21330 T-Zers Shirt Shop Inc. 09/26/2016 21330 T-Zers Shirt Shop Inc. Total 21330: 21331 09/26/2016 21331 Valley Times 09/26/2016 21331 Valley Times 09/26/2016 21331 Valley Times 09/26/2018 21331 Valley Times Total 21331: 21332 09/26/2016 21332 Zayo Group, LLC Total 21332: Grand Totals: Dated Mayor. City Council: 1,428.68 1 ch 15-0437-29-00 GREENBELT PATHWAY MTNC/RPR 18.75 18.75 18.75 1 ch 15-0455-01-00 MAINTENANCE & REPAIR GROUNDS 35.00 35.00 1 ch 15-0455-01-00 MAINTENANCE & REPAIR GROUNDS 33.75 33.75 68.75 1 ch 16-0413-29-00 PUBLIC RELATIONS 191.65 191.85 2 ch 80-0434-88-00 UNIFORMS - LAUNDRY 88.10 88.10 279.75 1 ch 01-0413-08-00 LEGAL ADVERTISING/PUBLICATION 492.00 492.00 1 ch 14-0413-08-00 LEGAL ADS & PUBLICATIONS 674.40 874 40 1 ch 14-0413-08-00 LEGAL ADS & PUBLICATIONS 99.84 99 84 1 ch 14-0413-08-00 LEGAL ADS & PUBLICATIONS 132.48 132.48 1,398.72 1 ch 01-0414-02-00 INTERNET SERVICES 764.64 764.84 764.64 91.070.36 Eagle City Council Meeting September 27, 2016 Eagle, Id. 83616 Lack of Good Faith Listening Dan O'Leary CHAPTER 2 PROPERTY RIGHTS 2.1 Background Private property rights encompass only the right to develop, invest, achieve and profit from property, but also the right to hold and enjoy property. As the population increases and a greater number of people live nearer to each other , the opportunities for land use conflicts become greater. Property rights must balance the individual's desire to "do whatever I want with my land" with respect for the property rights of neighboring owners. Time line March 3, 2015: Neighborhood meeting: In the meeting we expressed the following but not limited to: 1. Transitional Buffer 2. O'Leary Family Buffer 3. Traffic — Impacting not only River's End but Island Woods 4. Safety 5. Density 6. Club House 7. Eagle's Nest March 3, 2015 Photo taken 11 1 111 1 1 11111 1111 11 1111 1 1111 1111 11 11 111111111111171711177177Trarcrir11 416.. z d . 0 IMMA t VI 1\9) t1 Q J 1 . N% #7 0.) _ C) ,r ", �, r I, - ' 4: :jt' COII) ,I 1 ''''tinij ifel .. . 1f i t ./• ■■r F 441 . 1 T. .. ate.' .. A_ M( '1 pt ' r•4 - .r �lioitit a j! r r .j:ti•' 4l . _•' • . • M -01 • air "rep Swe ".r . * :.-:t • f, is V 1 -o 0 0 r r L u • Hous: c +tea t '• . -111.4 • ,••• .• • 4 • 977 4.04r• • • • 1 '• • `r June 19, 2015 June 9, 2016 - "4. g..P.0 • 1 -.I. : .1'‘. 4 — ') 7. .,,,....,:i =...ci..r _ \ ' ',.. . 1 • ,is ,:••••••-„,..,_ . -,c;t . 4,0 ...c. •,, . _ ••,, , • . • ... - 11.. 1. \ I JP 4' tit,. '41 %.• ---14 .•, . -... t • . fl,......... .o ,.. ..N. .... . r „_ • k_ -, • ' , '''/N k. ., .% tcs 4 • - - -- -. ''t . i itti ,,. sa•12•-a.;.. Id • I P. J': - A. '.•-, e'r •• 4 _ ! • ' .,I; II I , k •,11 4 r: ; ti .. .,. .. , i ..,..., . rI. 1... ' • ri4i'.1Ii 4 i Ii4,.. ,.., 14 i. 2 •I't, . ' •-• • 7 • /4; I . !r.• .11 II e• ,(i. ,..,. .• i, • :,• „. , 7,1t, , , . I 4. t.t, 1 II -1 .f. . x ..,., ,. ... 3 ' 1 •'1'•• 0 : - 1 1 I ' -?, t . , r. ii. • t,....). ,' -4•••: ••'•-••• • ''it , 'i• N1I:—'.-- .-.V.-.'t • : ( . •-: e * ,I .'t1t I 'r t . , I #4..1-1m 1., i •, i•' , •'% t4' *. ,'4„.Vl, 4t1i.1l.1:•4 314t: , _1 • 440, _ .• • 1 er,‘ • '1'1 • ; I Time line From March 2015 to September 2016: Myself and my neighbors — in both Island Woods and River's End have presented their concerns to the Land Group and Eagle PNZ Nothing has changed. It would appear the original design has changed to benefit the land owner. - Two ponds around their property - Fewer homes directly adjacent to their property to Closing 1 request that you do not make a decision tonight, but that you continue this so that these important issues can be better addressed. e 4 Y • 4 .' 41 61 ♦ • • • t • • • • • • t • 4 • • • • • • 4 + r ► • • .• r s • • a • ' r • • 4 • • It } 4 ► • • • + • • • • • •. • • + • ► • r • • F • • • • • • s ► • ► • P + ► 4 I► ,► • • • • • b i c M ► • • • } 1 1 • • • • • t } • • • • • • • ► • i • r��1. 4I 1 I_ Cr:. '+ :r. I sl ..� I IA r—_gti„i ..11A.1,... -...4;..... r r_ Q v ay 1 ''.41,.. rrr,.. .'R .1- ? '1 �" ti fir+. _ 1. f a r, +II, --,:i. 1. O'Leary � 1 l • • • . ', • 4 • •:7 h' , -r 0.f:F119;") I. • • i„J •• r •,-- iJ 11 4 1j. :r M • • + r • } • i • •• 0 • • ■ • • + • • $