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Minutes - 2004 - City Council - 12/14/2004 - Regular '/ ORIGINAL EAGLE CITY COUNCIL Minutes December 14, 2004 COUNCIL AGENDA: 6:30 p,m. [no public hearings will be heard prior to 7:30 p.m,] 1. 2. CALL TO ORDER: Bastian calls the meeting to order at 6:40 p,m. ROLL CALL: Present: BASTIAN, SEDLACEK, GUERBER, NORDSTROM, Council President Bastian welcomes Sam Jones, Jones is working with the AmeriCorps program and the youth programs that are being established, 3, EXECUTIVE SESSION:. A. Pending or Threatened litigation: I.C. §67-2345(t) Council President Bastian introduces the issue, Buxton notes that executive session should include acquisition of private property. Sedlacek moves to go into Executive Session for the discussion of pending or threatened litigation and the acquisition of private property. Seconded by Nordstrom. Bastian: AYE; Sedlacek: AYE; Nordstrom: AYE: Guerber: AYE. ALL AYE: MOTION CARRIES...... ... ............ Council discusses pending or threatened litigation and acquisition of property. Council leaves Executive Session at 7:05 p,m. 4. PLEDGE OF ALLEGIANCE 5. PUBLIC COMMENT: Nordstrom states that he believes that Cheryl Bloom had intended to be here tonight. He relays his conversation with her in which she expressed her pleasure that the Code Enforcement Officer and City Forester had been working on the issues she had raised regarding Oakley subdivision, 6, 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 Rules of Order. . Any item on the Consent Agenda which contains written Conditions of Approval from the City of Eagle City Staff, Planning & Zoning Commission, or Design Review Board shall be adopted as part of the City Council's Consent Agenda approval motion unless specifically stated otherwise. A. Claims Against the City, B. Minutes of December 7, 2004, C. Combined Preliminary Plat and Final Plat Extension of Time for Kolander Subdivision - Buddy D. Kolander: Buddy D. Kolander, represented by Tealey's Land Surveying, is requesting a one-year extension of time for the combined preliminary plat and final plat for Kolander Subdivision, The 9.64- acre, 4-10t residential subdivision is located at 1260 Rush Road, (WEV) Page I KICOUNCILIMINUTESITemporary Minutes Work AreaICC-1 2-1 4-04min.doc Sedlacek moves to approve the consent agenda as presented. Seconded by Nordstrom. Bastian: AYE; Sedlacek: AYE; Nordstrom: AYE: Guerber, AYE. MOTION CARRIES. 7, PROCLAMATIONS & RESOLUTIONS: A. Resolution No. 04-23: A Resolution To Provide For The Establishment By Resolution Of A Library Fine For Overdue Books And Certain Audio-Visual Items And Providing For An Effective Date. Council President Bastian introduces the item, Sedlacek moves to approve Resolution No. 04-23. Seconded by Guerber. Bastian: AYE; Sedlacek: AYE; Nordstrom: AYE: Guerber, AYE: MOTION CARRIES. 8, FINAL PLATS: A. FPUD-6-04 & FP-8-04 - Final Development Plan and Final Plat for Banburv Meadows pun Subdivision No.6 - Banburv Meadows LLC: Banbury Meadows, LLC, represented by Roy Johnson, is requesting final development plan and final plat approval for Banbury Meadows Subdivision Phase 6, a 23-lot (23-buildable) residential subdivision. This 7.74-acre (approx.) phase of Banbury Meadows PUD is located on the west side of Eagle Road approximately ~- mile north of Chinden Blvd, The site is within the Eagle City Limits, (WEV) Bastian introduces the item, Nordstrom expresses concern that the early start time of the meeting tonight may have caused some confusion amongst the public and applicants. Council decides to rearrange the agenda. Guerber moves to amend the agenda to move items 8 A&B, and 9A &B to be heard after item 10. Seconded by Nordstrom. Sedlacek confirms that a letter was received from the Laguna representatives requesting a continuation of items 9A & B to the January 11,2005 meeting. ALL AYE...MOTION CARRIES. lOA. Review of the Five Year Interval Supplement and Amendments to the Development Impact Fee Study/Capital Improvement Plan. Ken Rice, Holladay Engineering. Bastian introduces the item. Ken Rice, Holladay Engineering reviews the draft five year Interval Supplement And Amendments To The Development Impact Fee Study/Capital Improvement Plan, Discussion amongst Council, City Engineer and City Attorney, Mayor Merrill arrives at 7:30 p.m, and Bastian turns the meeting over to her. Bastian moves to continue this item to the next regular meeting to be discussed at Pre-Council to have Mr. Rice review the demographics in regards to house square footage and number of residents in the home. Seconded by Nordstrom, ALL AYE., ,MOTION CARRIES. Bastian moves to withdraw his motion. Second concurs, ALL A YE..MOTION Bastian moves to schedule this item for public hearing as soon as possible. Seconded by Nordstrom. ALL AYE...MOTION CARRIES. Bastian moves to amend the agenda to hear public comments and then hear item 8A. Seconded by Guerber. ALL AYE.. MOTION CARRIES. 5. PUBLIC COMMENT: Page 2 K:\CQUNCILIMlNUTESITemporary Minutes Work AreaICC-1 2-1 4-04min.doc Cheryl Bloom reads a letter expressing her gratitude of staff for the actions taken by City Officials since she last addressed Council regarding the landscaping at Oakley Estates, 8. FINAL PLATS: A. FPUD-6-04 & FP-8-04 - Final Development Plan and Final Plat for Banbury Meadows PUD Subdivision No.6 - Banbury Meadows LLC: Banbury Meadows, LLC, represented by Roy Johnson, is requesting final development plan and final plat approval for Banbury Meadows Subdivision Phase 6, a 23-10t (23-buildable) residential subdivision. This 7.74-acre (approx.) phase of Banbury Meadows PUD is located on the west side of Eagle Road approximately ~- mile north of Chinden Blvd, The site is within the Eagle City Limits. (WEV) Mayor introduces the item, Zoning Administrator, Vaughan reviews staff report. Guerber moves to approve FPUD-6-04 & FP-8-04 Final Development Plan and Final Plat for Banbury Meadows PUD Subdivision No.6 Banbury Meadows LLc. with the staff recommendations and the Planning and Zoning Commissions recommended site specific conditions of approval included in the report. Seconded by Nordstrom. Discussion. ALL A YE...MOTION CARRIES. 8B, FPUD-3-04 & FP-5-04 REVISED - Revised Phasine: Plan and Final Plat for Windine: Creek PUD Subdivision rPhase 11 - Salmon Point Development: Ron Bath with Salmon Point Development is requesting approval of a revised phasing plan and final plat for Winding Creek PUD Subdivision [phase 1], The site is located on the north side of State Street approximately 100-feet east of Palmetto Avenue at 988 State Street. (WEV) Mayor introduces the item, Ron Bath, with Salmon Point Development 1729 S, Whitby Ln, Eagle, Idaho, reviews the application and the applicants request for a minimal number of residential lots, Guerber moves to approve the revised phasing plan and Final Plat for Winding Creek PUD Subdivision [Phase 1] - Salmon Point Development with the staff recommendation in regard to the Fire Department and Sewer District etc., including not only the commercial area, but 4 lots within the residential area to be designated in negotiation with the staff. Seconded by Sedlacek. ALL AYE...MOTION CARRIES. 9, PUBLIC HEARINGS: A. CPA-I-04 - Comprehensive Plan Amendment from Residential Two to Mixed Use- Lae:una Pointe. LLC: Laguna Pointe, LLC, represented by Land Consultants, Inc" is requesting a Comprehensive Plan Amendment to change the land use designation on the Comprehensive Plan Land Use Map from Residential Two (up to two dwelling units per acre) to Mixed Use, The 9.3 I-acre site is located on the east side of Eagle Road, at 2260 South Eagle Road, An annexation application previously submitted to the City for review included this property, a 9,31- acre portion of the approximately 1 I7-acre site. This item was continued from the November 9, 2004 meeting. (WEV) The applicant has requested this item be continued to the January 11,2004 Council meeting. Bastian moves to continue items 9A and 9B to the January 11,2005 meeting. Seconded by Sedlacek. Discussion. ALL AYE...MOTION CARRIES. B. RZ-2-03 MOD - Rezone from RUT and A-R to MU-DA - Coast 2 Coast LLC.: Coast 2 Coast LLC, represented by Land Consultants Inc" is requesting a rezone from RUT (Rural Urban Page 3 K:\COUNCILIMINUTES\Temporary Minutes Work Area\CC-12-14-04min.doc Transition - Ada County designation) and A-R (Agricultural-Residential-up to one dwelling unit per five acres) to MU-DA (Mixed Use with Development Agreement) and, a modification to the development agreement previously approved by the City affecting 9.3 I-acres of the overall 117- acre Laguna Pointe PUD site. The site is located on the east side of Eagle Road, at 2260 South Eagle Road. This item was continued from the November 9, 2004 meeting (WEV) See above motion. 10. NEW BUSINESS: A, Review of the Five Year Interval Supplement and Amendments to the Development Impact Fee Studv/Capital Improvement Plan. Ken Rice, Holladay Engineering, See action above. B, Hill Road Park Chane:e Order: (SKB) Mayor introduces the item. Bastian moves to accept the change order dated December 10,2004, Architects project no. 03078.00A for the Hill Road Park project. Seconded by Sedlacek. Bastian: AYE; Sedlacek: AYE; Nordstrom: AYE: Guerber, AYE. ALL AYE...MOTION CARRIES. C. Ordinance No. 489 (Hidden Island): An Ordinance Annexing Certain Real Property Situated In The Unincorporated Area Of Ada County, Idaho, And Contiguous To The Corporate Limits Of The City Of Eagle, To The City Of Eagle, Idaho; Establishing The Zoning Classification Of Said Real Property Described Herein; Amending The Zoning Map Of The City Of Eagle To Reflect Said Changes; Directing That Copies Of This Ordinance Be Filed As Provided By Law; And Providing An Effective Date, (WEV) Mayor introduces the item, Sedlacek moves, pursuant to Idaho Code, Section 50-902, that the rule requiring Ordinances to be read on three different days with one reading to be in full be dispensed with, and that Ordinance #489 be considered after being read once by title only. Sedlacek reads Ordinance #489 by title only. Seconded by Bastian. ALL AYE: MOTION CARRIES......... ........ Sedlacek moves that Ordinance #489 be adopted. Seconded by Guerber. Bastian, AYE; Sedlacek, AYE; Guerber, AYE, Nordstrom:: ALL AYE: MOTION CARRIES... ...... ... ... ... ... ............ ...... D, Ordinance No. 490 (Shadow Ride:e): An Ordinance Annexing Certain Real Property Situated In The Unincorporated Area Of Ada County, Idaho, And Contiguous To The Corporate Limits Of The City Of Eagle, To The City Of Eagle, Idaho; Establishing The Zoning Classification Of Said Real Property Described Herein; Amending The Zoning Map Of The City Of Eagle To Reflect Said Changes; Directing That Copies Of This Ordinance Be Filed As Provided By Law; And Providing An Effective Date, (WEV) Mayor introduces the item, Sedlacek moves, pursuant to Idaho Code, Section 50-902, that the rule requiring Ordinances to be read on three different days with one reading to be in full be dispensed with, and that Ordinance #490 be considered after being read once by title only. Sedlacek reads Ordinance #490 by title only. Seconded by Nordstrom. ALL AYE: MOTION CARRIES................. Page 4 K:ICOUNCILIMINUTESITemporary Minutes Work AreaICC-12-14-04min,doc Sedlacek moves that Ordinance #490 be adopted. Seconded by Bastian. Bastian, AYE; Sedlacek, AYE; Guerber, AYE; Nordstrom, AYE: ALL AYE: MOTION CARRIES... ... ...... ... ...... ...... ... ......... E. Ordinance No. 504 (Sedona Creek): An Ordinance Annexing Certain Real Property Situated In The Unincorporated Area Of Ada County, Idaho, And Contiguous To The Corporate Limits Of The City Of Eagle, To The City Of Eagle, Idaho; Establishing The Zoning Classification Of Said Real Property Described Herein; Amending The Zoning Map Of The City Of Eagle To Reflect Said Changes; Directing That Copies Of This Ordinance Be Filed As Provided By Law; And Providing An Effective Date. (WEV) Mayor introduces the item, Sedlacek moves, pursuant to Idaho Code, Section 50-902, that the rule requiring Ordinances to be read on three different days with one reading to be in full be dispensed with, and that Ordinance #504 be considered after being read once by title only. Sedlacek reads Ordinance #504 by title only. Seconded by Guerber. Discussion. ALL AYE: MOTION CARRIES................. Sedlacek moves that Ordinance #504 be adopted. Seconded by Guerber. Discussion. Bastian, AYE; Sedlacek, AYE; Guerber, AYE; Nordstrom, AYE: ALL AYE: MOTION CARRIES F, Ada Countv Transmittal-04-20-S/04-07-PR/O4-08-PR - Preliminary Plat for Elephant Creek Subdivision: Doug Jayo, represented by Pinnacle Engineers Inc" is requesting preliminary plat approval for Elephant Creek Subdivision, a 28,99-acre, 6-1ot (4-buildable, 2- private road) residential subdivision located on the north side of West River Heights Drive approximately 850-feet west of Meridian Road at 318 West River Heights Drive, This site is located in the Eagle Area of Impact. (WEV) Mayor introduces the item. Zoning Administrator, Vaughan reviews the application. General discussion, Bastian moves the approve Ada County Transmittal 04-20-S/04-07-PR/04-08-PR- Preliminary Plat for Elephant Creek Subdivision with the site specific conditions of approval adding No.9 that the Eagle City Council recommends a 25' easement with a 10' wide pathway within it south of the south fork of the Boise River. And site specific condition No. 10 that any gravel extraction be for the purposes of use upon the proposed subdivision and not for commercial gain. Seconded by Nordstrom. Discussion. #10 There shall be a provision for emergency access to the river. THREE AYE, ONE NAY...MOTION CARRIES. 11. UNFINISHED BUSINESS: A. Proposed Ordinance No. 477: An Ordinance For The City Of Eagle, Idaho, Amending Eagle City Code, Title 3 "Business And License Regulations, Chapter 4" Vendors, Solicitors, And Temporary Merchants" Section 2 "Definitions" And Section 11 "Restrictions, And Providing An Effective Date. (SKB) Mayor introduces the item. Deputy Clerk reviews the ordinance and associated resolution. Council discusses the modifications they would like made. Page 5 K:\COUNCILIMINUTESITemporary Minutes Work AreaICC- J 2-14.04min,doc Bastian moves, pursuant to Idaho Code, Section 50-902, that the rule requiring Ordinances to be read on three different days with one reading to be in full be dispensed with, and that Ordinance #477 be considered after being read once by title only. Bastian reads Ordinance #477 by title only. Seconded by Sedlacek. ALL AYE: MOTION CARRIES................. Bastian moves that Ordinance #477 be adopted. Seconded by Sedlacek. Bastian, AYE; Sedlacek, AYE; Guerber, AYE; Nordstrom, AYE: ALL AYE: MOTION CARRIES....................................... B, Resolution 04-13: A Resolution Of The Eagle City Council, Eagle, Ada County, Idaho Establishing Procedures For Issuing Vendor Permits In Municipal Parks; And Providing An Effective Date, (SKB) Mayor introduces the item, General discussion, Council would like more of a modified best qualified bidder type of process rather than a lottery type that is proposed. Sedlacek moves to continue to the next available meeting so that staff and legal council can make the requested revisions. Seconded by Guerber. ALL A YE...MOTION CARRIES. 12. REPORTS: 1. Mayor and Council's Report: Discussion of Eagle arch sign logo usage, Council agrees to trademark the logo and allow the Eagle Chamber of Commerce to use the logon on their letterhead. 2, City Engineer Report: Vern Brewer reports on current developments regarding the ITD Enhancement grant application for the underpass under the north channel bridge at Eagle Road, Discusses recent coordination with the Sewer District, and the mission statement for the municipal water system. 3, City Clerk/Treasurer Report: 4. Zoning Administrator's Report: 5. City Attorney Report: Buxton reviews a recent letter from ZGA Architects. They are hoping to have a draft of the RFP for the new City Hall at the January 11,2005 meeting, and have the revisions ready to publish by January 30th, Bastian moves to authorize ZGA to move forward with the modifications on the RFP for City Hall. Seconded by Guerber. ALL A YE...MOTION CARRIES. Bastian moves to go into Executive Session to discuss pending or threatened litigation. Seconded Sedlacek. Bastian, AYE; Sedlacek, AYE; Guerber, AYE; Nordstrom, AYE: MOTION CARRIES. 13, ADJOURNMENT: Nordstrom moves to adjourn. Seconded by Guerber . ALL AYE: MOTION CARRIES.. . Hearing no further business, the Council meeting adjourned. ~,....n"..... ,..", OLB .###« ...~.. %t" ..:---'" ~'\ ~ ~ to'tB.. ~ I 0 O~ ..\ 0; .. '-. ( "'.. :.- .Q, ,..... ,!., ';I: : . E-< tit: . Yo. <!' : i Ó\S ' b~ f!! q': ~ . t:-Y ,;.'1::.....:: ... . -;1 <1°. ~ :: ## ... 'Nro~ ... 0 ,," #".. ......" -V"" " ,-J .." '" ST t. " ,.",..........,. Respectfully submitted: SHAR N K. BERGMANN CITY CLERK/TREASURER Page 6 K:\COUNCILIMINUTESITemporary Minutes Work AreaICC-12-14-04min.doc APPROVED: ~ 7;hr NA Y C. ~RRILL . MA OR Page 7 K:\COUNCILIMlNUTESITemporary Minutes Work AreaICC-1 2-1 4-04min doc Cc /1/9/0L-/ Confidential — DRAFT for Staff Use Only December 1, 2004 City of Eagle Water System — Mission Statement The City of Eagle Shall provide for and maintain a water supply and delivery system within its service area to meet the health and safety needs of the City as anticipated by the land uses identified in the Comprehensive Plan. Water System Goals of the City of Eagle. • Acquire adequate groundwater rights for municipal needs for the planning area. • Construct a full service distribution system for potable and fire protection needs of residents and businesses as anticipated by the latest Comprehensive Plan. • Secure redundant system components at startup. • Design for cost-effective long-term efficiency. • Maintain a water system protective of the health and safety of the public. • Protect groundwater quality in lower aquifer by reducing risk imposed by multiple, small points of diversion. • Design for a cost-efficient control and maintenance of the groundwater wells. • Protect property values through compatible design and landscaping of visible infrastructure. • Negotiate agreements with adjacent water purveyors to provide for mutual aide in the event of catastrophic system failure caused by third party attack of system components. Specific Needs anticipated by City of Eagle based on Comprehensive Plan • Four wells each with standby power capable of supplying a minimum of 1,000 gallons per minute. • One water storage tank of 700,000 gallon capacity on the east side of the system capable of supplying water by gravity. • One water storage tank of 1,500,000 gallon capacity on the north side of the system capable of supplying water by gravity. • A loop water system network for major trunk lines for safety and maintenance. • Sub -system network for secondary supply to individual developments. • A Public Works Water Department of licensed water system operators and qualified staff. FILE No.589 12/14 '04 16:23 ID:SPINK BUTLER, LLP December 14.2004 Ransom J. Bailey Moore Smith Buxton & Turcke 225 N. 9th, Suite 420 Boise, ID 83702 Re: First Baptist Church of Eagle, Inc., DR -44.02 SB File No.: 22248.1 Dear Ransom: FAX:208 388 1001 2i 5 igliqroi JOANN C. BUTLER M. GREGORY EMBREY LAUREN MAIQR9 REYNOLDSON MICNAWL. T. SPINK (208)38B-1093 JUTTLER@s,, , RtiCEIVED & FILED CITY OF EAGLE DEC 1 4 2004 File: Route to: � (L• Thank you for your November 29, 2004 letter on behalf of the City of Eagle in connection with the above -referenced matter. With this letter I would like to summarize the position of our client. the First Baptist Church of Eagle. You indicated in your letter that the City Council would like to meet with our client by December 14, 2004. At the time we talked on the telbphone, there were only two Council meetings at which to meet - December 7`h and 14th. The Council could not meet on the 7th, and our client could not meet with the Council on the 14th. This small window has not given either the City or the Church much flexibility. Our client would be happy to meet during a special meeting of the Council or, if that cannot be accomplished, perhaps you and I might meet to discuss this matter. Your thoughts and advice will be appreciated. Since we cannot meet with the Council by the 14th, let me address the three issues that you raise in your letter. 1) design review approval of the Church application; 2) the building permit for the Church; and 3) the temporary occupancy of the shop building" on the Church's property used for religious services. Design Review On October 23, 2003, the City of Eagle, issued conditions of approval in connection with the Church's design review approval. Each of the conditions have long been met except two conditions to which the Church has continued to object. These two conditions are: 2$18_ Fpolkrr S nsEEr SurrE 200 Ro. paoc 639 BOISE, CARO 8.9 M 208-288-1000 208-38134001(F) www.00-AT R VS I FILE No.589 12/14 '04 16:23 ID:SPINK BUTLER, LLP Ransom J. Bailey December 14, 2004 Page 2 FAX:208 388 1001 PAGE 3/ 5 1. The applicant agrees to donate the land shown on the attached plat ... for the future extension of Idaho Street which consists of a 42 -foot wide strip on this site. Documentation necessary for the transfer of ownership of this segment of land to the City shall be determined between the applicant and the City Council and shall be finalized prior to the issuance of a budding permit for this site. .. . 7. Provide a reciprocal cross -access agreement with the property owners to the east. The reciprocal cross -access agreement shall be reviewed and approved by the Zoning Administrator and shall be recorded in the Ma County Recorders office prior to the City accepting a building permit for this site. First, the applicant never agreed to a donation of its property. At design review hearings and post -design review hearings, the Church continually objected to the inclusion of this condition. You are correct that the Church did not formally appeal this condition: it was unaware of the need to make a formal appeal. Nonetheless, the City understood that the Church continued to object, and the City responded to that objection seven months later with an offer to purchase the property referenced. The requirement of the City that the Church split its property in two by donating or selling the City a strip of ground for some "future extension of Idaho Street" is, frankly, astounding, but let's just call it a condition that is certainly not reasonably related to the design review approval that was sought from the City. The City may very well desire that Idaho Street be extended, and the City may very well have included that extension as a goal of its Comprehensive Plan, but the City does not have jurisdiction over the public roads. You will recall that Ada County Highway District, the govemment that does have jurisdiction over public roads, specifically told Eagle that ACHD is not requiring the Church to dedicate or construct an extended Idaho Street because the Church's site has sufficient frontage on State Street. Further, ACHD reminded Eagle how weak the public's need for an extension of Idaho Street is—Idaho Street is not even identified on the 2025 Functional Street Classification System Map. In light of Eagle's Comprehensive Plan, ACHD said it was not opposed to an extension of Idaho Street but a full 54 -foot right-of-way would be required. ACHD pointed out that a full 54 -foot corridor could not be provided without demolishing the Church's existing structures and that ACHD would not accept right-of-way for Idaho Street if it did not meet ACHD standards. The City has offered to purchase a corridor only 50 feet.wide, perhaps in recognition that to ask for anything greater would result in the loss of structures. Hence, even if it was legal and appropriate for the City to require right-of-way from the Church. requiring right-of-way from the Church that is insufficient for public use does nothing but take private property without serving the public good. ACHD refused to impose a condition requiring additional public road access because the existing public road access from State Street was adequate. To require more would have been unreasonable. Unfortunately, Eagle persists in requiring the dedication or reservation of this property for an unnecessary and inadequate right-of-way for an extension of Idaho Street that may never occur. FILE No.589 12/14 '04 16:24 ID:SPINK BUTLER, LLP Ransom J. Bailey December 14, 2004 Page 3 FAX:208 388 1001 PAGE 4/ 5 Next, as you mention in your letter, the City drafted a cross access agreement relative to condition number 7. Assuming for the moment that the public City has the authority. to require two private property owners to enter into such an agreement to encumber their properties (which the City does not), the City -drafted document is not an agreement between private property owners but an easement that requires, in return for a public permit approval, private access across the Church's private property by the private property owner to the east as well as private property owners even further east Further, this City -drafted document requires the. Chum to maintain the easement located on unrelated private property. The City has no authority to force these encumbrances on private property owners, and the City certainly has not assisted the parties meet this condition number 7 since it has drafted a document that is inconsistent with condition number 7. Again, the Church has long since met every design review condition of approval except for condition number 1. which the City has no authority to require, and except for condition number 7. The Church has formally made application to modify its application and remove these two inappropriate and illegal conditions of design review approval. However, the Church is firm in its position that the legal and appropriate conditions of design review have been met within the 12 -month period you mention in your letter. It is unfortunate, indeed, that the Church apparently will have to endure further damages in terms of additional time and money spent to challenge Eagle City and the careless conditions, rather than spend that effort carrying out its religious mission. Building Permit The Church is extremely concerned about the non -issuance of a building permit which it has actively and in good faith pursued. Building plans in the City's files indicate that the plans have long been stamped "approved." It would seem that there is nothing holding up the issuance of the building permit except for design review conditions 1 and 7, which, again, should never have been made conditions of design review approval. There have been several telephone calls and meetings between Church officials, staff and elected officials at which the Church was told that Staff would issue the building permit almost immediately. This induced the Church to obtain bids and enter into construction contracts. In the summer months, following a meeting with Mayor Merrill and city staff, the Church was told that the building permit would be issued in four days. It was not. When pressed for the permit, the Church was told only that the stamped, approved plans were lost!' We are hopeful that the City of Eagle does not wish to impose a burden on the religious exercise of persons by denying building permits to construct improvements. including restrooms adjacent to the sanctuary of this church building. Further, the Church has been told that both elderly and disabled parishioners cannot navigate the graveled area -to the existing restrooms in the other building on the property. Because of the City's refusal to issue building permits, these individuals are unable to attend services or worship with their congregation. For the City to 1 Grace United Methodist Church v. City of Cheyenne, D. Wyo. 2002.235 F. Supp. 2d 1186. In order to establish a prima facie case that Religious Land Use and Institutionalized Persons Act (RLUIPA) has been violated, a plaintiff must present evidence that the land use regulation in question: (1) imposes a substantial burden; (2) on the "religious exercise; (3) of a person, institution, or assembly. FILE No.589 12/14 '04 16:24 ID:SPINK BUTLER, LLP Ransom J. Bailey December 14, 2004 Page 4 FAX:208 388 1001 PAGE 5/ 5 refuse to issue these building permits consistent with the approved plans in an attempt to exact a `donation" of property or if even to purchase property that cannot serve the public's interest, makes this situation particularly egregious. Occuoancv Permit According to the City's files, during the City's Pre -council meeting of December 16, 2003, the City Council approved the "temporary occupancy of the shop building in the back providing that it meets the Building Officials requirements for a time frame of no longer than a year.° The Church states that it was never notified of this approval of "temporary occupancy," and was given no notice of any expiration date. The Church is unaware of any occupancy permit being issued. The Church is quite concerned that the City means to prevent religious services during this Christmas season. Ransom, we hope we are able to reach some agreement on these issues. Our desire and hope is that the City take stock of conditions numbered 1 and 7 and remove them from the design review approval. This would allow our clients to work constructively toward the development of the Church property. Sincerely, oArl JoAnn C. Butler JCBfjfb cc: Norman Revels (via fax) Stephanie Williams (via e-mail) City Council via City Clerk (via fax)