Minutes - 2004 - City Council - 12/14/2004 - Regular
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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)
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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:
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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
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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.................
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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.
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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.
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Respectfully submitted:
SHAR N K. BERGMANN
CITY CLERK/TREASURER
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APPROVED:
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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:
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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)