Minutes - 2005 - City Council - 06/07/2005 - Regular
J
EAGLE CITY COUNCIL
Minutes
June 7, 2005
1. CALL TO ORDER: Mayor calls the meeting to order at 4:10 p.m.
2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. Nordstrom
is absent. A quorum is present.
3. WATER ISSUE DISCUSSION ITEMS:
A. Expansion of City owned water system:
1. Staff Responsibilities
Mayor: I meet with Mick McCurry and City Clerk Sharon Bergmann yesterday and Mick
is going to be the staff person who will be involved with all water issues. I have notified
Planning and Zoning staff, City Attorney and City Engineer that Mick is to be involved in
all water issue discussion. General discussion.
City Attorney: This meeting is basically a workshop, a brainstorming session for an
exchange of ideas. It is not a meeting where the Council is going to make decisions.
City Attorney distributes copies of "The Role of the Comprehensive Plan in Infrastructure
Financing" for Councils' review.
Sedlacek moves to amend the agenda to add as Item #B2 discussion on Ordinance
No. 479. Seconded by Guerber. ALL A YES: MOTION CARRIES.................
2. Discussion: United Water monthly reports
Mick McCurry: Sharon has prepared a spreadsheet on United Water-
Production/Consumption. These reports show that at times we pump more than we bill
and then we are billing more than we pump. I don't think this a critical situation. We
need to meet with United Water for an explanation on the production and consumption
figures. General discussion.
Scott Reed, United Water: Discussion on consumption and production. There is always
some loss due to seepage. If you are under 5% then you have a tight system. You have
the meter problem with Lexington Hills, water trucks that show up and use water and
other miscellaneous uses that are not being billed to the customers. Discussion on the
Lexington Hills ponds water usage. General discussion.
McCurry: I know there was a broken line in Lexington Hills last month so there is some
water loss there. General discussion.
Holladay Engineering also looks at the monthly/quarterly reports.
City Attorney: I would like to ask for an Executive Session at the end of the meeting in
regards to the Baptist Church and their threat of litigation.
Bastian moves to add an Executive Session to the Agenda at Item #5 to discussion
pending or threatened litigation, I.C. 67-2345(1). Seconded by Sedlacek. ALL
AYES: MOTION CARRIES....................
Page I
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3. Discussion: Connection fees
Vern Brewer, Holladay Engineering: In our Master Plan we have covered system
requirements and the connection fees to expand the City water system. Discussion on the
location of the three water storage tanks. Discussion on service area of the City water
system. Discussion on how to pay for the facility planning. Right now all we have in
place is a hook-up fee of$850.00. We are working on a revised connection fee but we
don't have that put together yet. Cost of meters has changed and capital costs have
increased so we need to reevaluate the hook-up fees.
Scott Reed, United Water: Discusses how United Water funds infrastructure. General
discussion.
Vern Brewer, Holladay Engineering: Most municipalities have a fund for capital
improvements. Further discussion on hook-up fees.
What we are proposing for the Supply Trunk Line Fee (STL) to be $1,500.00. The City
wants to build a water system and it needs money up front to pay for the costs of the
water system. General discussion.
Scott Reed, United Water: United Water fronts the costs of the new infrastructure then
they go to the PUC for a rate increase.
Vern Brewer, Holladay Engineering, further discussion on expansion of the water system
and the fees charged for funding the expansion. We are proposing that the STL fee is in
two components. On a 70 lot subdivision, a fee of $750 per lot when a preliminary plat is
filed and $750 when a final plat is approved would be charged. A subdivision of 500 lots
or greater you pay 25% of the $1,500 per lot and the balance is paid at final plat.
Discussion on a sliding scale for subdivision between 70 and 500 lots. Weare suggesting
that the $1,500 fee be reviewed and adjusted every two years. There would need to be a
public hearing on the fees and the fees will be adopted by an Ordinance. Further
discussion on the STL fee. Further discussion on development and the requirement for
developers to have wells.
B. Western impact area:
1. Impact Fees - Water Services
2. Ordinance No. 479.
Nichoel Baird Spencer, Planner III, discussion on Ordinance No. 479 and water ordinance
changes. General discussion.
Nichoel, City Attorney, City Engineer and Mick will work on the questions that Nichoel
has prepared in regard to Ordinance No. 479.
C. Idaho State Code Title 50. Chapter 18: City Irri2ation Systems:
Tammy Zokan: This is a very broad chapter so I'm not sure what questions you want
answered. Discussion on city irrigation systems.
4. STAKEHOLDER WATER MEETING WITH PUBLIC ENTITIES: No
discussion.
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5.
EXECUTIVE SESSION: I.C. 67-2345(0 Pendin2 or Threatened Liti2ation:
Bastian moves to go into Executiyes Session for the discussion of pending or
threatened litigation. Seconded by Sedlacek. Bastian: AYE; Sedlacek: AYE;
Guerber: AYE: ALL AYES: MOTION CARRIES......................
Council goes into Executive Session at 5:45 p.m.
Council discusses pending or threatened litigation.
Council leaves Executive Session at 6: 15 p.m.
City Attorney: I would like to ask Council to give me the opportunity to negotiate with
the Baptist Church's legal council to work on a way for them to live with the Findings of
Fact and Conclusions of Law as recommend by the City Council at their last meeting.
Bastian moves to approve the statement just made by our attorney. Seconded by
Sedlacek. ALL AYES: MOTION CARRIES................
6. ADJOURNMENT:
Respectfully submitted:
4~~
CITY CLERK/TREASURER
APPROVED:
Page 3
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UNITED WATER - PRODUCTION/CONSUMPTION
6/6/2005
2002
1st Qtr: Jan - March
2nd Qtr: April - June
3rd Qtr: July - Sept
4th Qtr: Oct - Dec
2003
1st Qtr: Jan - March
2nd Qtr: April - June
3rd Qtr: July - Sept
4th Qtr: Oct - Dec
*Could not find report
2004
1st Qtr: Jan - March
2nd Qtr: April - June
3rd Qtr: July - Sept
4th Qtr: Oct - Dec
2005
1st Qtr: Jan - March
2nd Qtr: April - June
3rd Qtr: July - Sept
4th Qtr: Oct - Dec
ct 6 - 7-05
PRODUCTION WATER IMPORTED TOTAL WATER EXPORTED CONSUMPTION MISC TOTAL
in 1,000 gallons
29,470
29,510
26,010
37,850
FROM UW PRODUCTION TO UW in 1,000 gallons WATER USED CUSTOMERS
29,470
29,510
26,010
37,850
19,236
25,155
30,945
26,232
989
1,026
1,040
1,078
PRODUCTION WATER IMPORTED TOTAL WATER EXPORTED CONSUMPTION MISC TOTAL
in 1,000 gallons FROM UW PRODUCTION TO UW in 1,000 gallons WATER USED CUSTOMERS
27,150
26,760
18,890
27,150
26,760
18,890
19,399
26,895
22,466
1,097
1,132
1,144
PRODUCTION WATER IMPORTED TOTAL WATER EXPORTED CONSUMPTION MISC TOTAL
in 1,000 gallons
14,110
30,028
29,640
24,860
FROM UW PRODUCTION TO UW in 1,000 gallons WATER USED CUSTOMERS
18,271
0
6,325
5,347
32,381
30,028
35,965
30,207
0 26,176
0 35,407
0 36,444
0 28,049
152
0
0
0
1,228
1,230
1,248
1,262
PRODUCTION WATER IMPORTED TOTAL WATER EXPORTED CONSUMPTION MISC TOTAL
in 1,000 gallons FROM UW PRODUCTION TO UW in 1,000 gallons WATER USED CUSTOMERS
32,800 800 33,600 0 28,743 0 1,280
K:IClerks\Water CompanylUnited Water - Production -Consumption 6-05
G&( -7-0S'
Lynne: 1 have answered several of the questions ahead of the meeting for your information. We should discuss
these further with the entire council for everyone's understanding. Hope you can print these off in color. I left
your issues in black. See you at the meeting. Vern
West Impact Area — New Collection System & W. Reservoir
Terminology of line sizes: Mainline, distribution lines, and pump stations
See Handout which will be distributed at the meeting.
Review Proposed Development Fees — discuss "fees" versus "taxes": Discussion with Attorney
Review proposed wording of new Ordinance: Working with Attorney
Where does new Ordinance best fit in code? Ordinance fits in Title 6 but should be cross referenced with
Title 8 and Title 9; Nichoel is working on some suggested linking references.
Why? Water is a separate Utility with its own enterprise fund. Water and the requisite language for funding,
allocation of costs, turn -on and shut-off policy, and other pertinent language should stand alone from
subdivision language.
As a side note, the Storage and Trunk Line (STL) fees and "hookup fees" should apply to system
expansion, capital improvements for specific plan elements, or buying into existing capacity. Typically, this
includes planning, design, construction, and new control systems. Monthly rates should apply for operation,
maintenance, and depreciation. Typically this includes labor, equipment, operation contracts, compliance
testing, repair, emergency funds, and a sinking fund to deal with wear and replacement such as water meters,
lines and valves.
How can collected fees be spent? Collected Storage and Trunk Line (STL) fees, as defined by the Water Master
Plan, can only be spent for services and construction of the identified elements of the plan. Otherwise, the City
may run into the broader "tax" issue as criticized by the Attorney General in the instance of ACHD.
System -wide improvements including master planning — Yes, as it relates to identified elements of the Plan. If
the planning boundaries change with an additional plan, this would also qualify so long as the system
improvements are distinct and quantifiable.
Reservoir — Yes, from the Plan.
Well and Water Rights Acquisition — Is there a difference? — Yes there is a difference but as Plan elements, both
would qualify because they are dependant and necessary to secure supply.
Costs to purchase additional water — No, I do not believe this would qualify. I believe this is a function of the
monthly rate structure for operation and safety net.
All New Water System Construction
Complies with Eagle's master plan and final design subject to approval from city engineer and DEQ — Yes, the
City will have an approval role for it's system development and expansion as owner.
Developer should engineer, build, warrant (1-3 years) and contribute each project's distribution system. — Yes.
just as in the Sewer District, but the City Engineer will have review and approval status.
Who builds mainline and the reservoir(s) — The City will design, bid, and oversee construction of these
elements of the Plan. Trunk lines located within specific developments could be worked into the developer's
engineering plans so a separate trunk line project may be unnecessary.
Discuss amount and components of existing Connection Fee — We will be working with Sharon on this matter.
Does the base connection fee need to be changed? — Yes, it is no longer appropriate but we do not have all the
information to complete a recommendation. We will be gathering that information from Sharon in the very near
future.
C:\Documents and Settings\ssmith\Local Settings\Temporary Internet Files10LK21\Lynne - WaterMeeting060705.doc
Discuss: Title 50, Chanter 18
"City irrigation systems"
Water Source
Review wording of Ordinance #479 (Providing Requirements for the Provision of Water Supply)
Review Ordinance #479 Explanation Handout — We will review this with Council
Discuss "Water Rights" — Chris, Bruce and Tammy can do this.
How much well water will be needed for full build out of west impact area? — This is discussed in the Master
Plan. The answer lies between 8.9 cfs and 13.0 cfs but is probably on the lower end of that range when storage
is factored in.
Do we need to loop west system to existing system? — Yes, as a fully functioning system, it is strongly
recommended. Otherwise, the City will be caught in the eventual dilemma of maintaining and balancing two
systems. With utility systems, there are economies of scale that favor a single larger system from operation
costs and redundancy for emergency service.
Management
Staff (Tracy?) investigate other cities management
Eagle Sewer District
United Water
Form an Eagle Public Works Dept
Eagle Facilities Manager — Better define duties
Brookwood Well
Obtain timeline of process to date
Do we need to go to Dept. of Commerce, Governor?
C:\Documents and Settings\ssmith\Local Settings\Temporary Internet Files\OLK21\Lynne - WaterMeeting060705.doc
AGREEMENT
This Agreement is made this„ d day of Oz64,01126-1997, by and between the City of Eagle, an
Idaho municipal corporation (herein called "City"), and United Water Idaho Inc., an Idaho corporation
(herein called "UWID").
RECITALS
A. City is the owner of a municipal, domestic water transmission and distribution system in
the City of Eagle (hereinafter called the "System"). The geographical boundaries of the System are shown
on Exhibit A, attached hereto and made a part hereof, which geographical boundaries of the System may
be amended by the City from time to time.
B. UWID is engaged in the business of owning, operating and managing a potable water
systems, and delivering potable water. UWID owns and operates a potable water reservoir commonly
known as the Hidden Hollow reservoir (the "Reservoir").
C. City desires to have UWID provide such emergency back-up water to City and UWID
desires to provide emergency back-up water to City.
D. Conveyance of emergency back-up water to City from the Reservoir will require that
UWID convey potable water to and through the System. City desires to have UWID convey such
emergency back up water to City from the Reservoir to and through the System.
NOW, THEREFORE, in consideration of the recitals above which are incorporated below, the
mutual terms, conditions, covenants and agreements contained herein, the parties hereto agree as follows:
1. In consideration of conveyance of emergency back-up water to City from the Reservoir,
City hereby grants to UWID, and to its successors and assigns, the exclusive right and privilege, for a
period of thirty (30) years from the first day following the hereof, to convey potable water to and through
the System, all subject to the terms and conditions hereinafter specified.
2. The System shall be constructed and at all times maintained in good order and condition
and in accordance with standard engineering practices and all applicable safety codes and lawful
governmental regulations, including all applicable local, state, and federal regulations.
3. UWID shall at all times indemnify and hold City, its officers, employees and agent,
harmless from any and all expenses or liability arising from or by reason of any negligent act or omission
of UWID, its agents or employees, in conveying water to and through the System.
4. Before UWID shall have any rights hereunder, UWID shall file with City Clerk a certificate
of insurance evidencing general liability insurance which covers claims for bodily injury, property damage
and personal injury. Such insurance shall have minimum limits of $1,000,000 per occurrence. City of
Eagle shall be named as an additional named insured under UWID's insurance policy. Should the
minimum limits of insurance as set forth herein be increased above $1,000,000, pursuant to the Idaho Tort
Claims Act (Idaho Code Section 6-901, et. seq.) or any similar legislation, UWID shall, upon City's request,
be required to provide City with a new certificate of insurance evidencing such higher limits.
5. This Agreement shall at all times be subject to all rules, regulations and orders that may be
lawfully prescribed by the IPUC or by any other governmental authority now or hereafter having
jurisdiction over such matters.
AGREEMENT - 1
UWIleagle\reser.agr
6. City and UWID acknowledge that delivery of water other than water controlled by City
and/or UWID is undesirable and agree that City shall not grant a permit, license or other agreement for the
use of the System to another water service provider during the term of this Agreement.
7. In the event of an amendment to the laws, rules or regulations of City, the State of Idaho,
or the IPUC applicable to this Agreement, or for periodic review of any section of this Agreement, the
terms of this Agreement and the rights and privileges hereby conferred may be changed, altered, amended,
or modified upon mutual agreement between City and UWID to carrying out the intent of this Agreement.
In all cases, sixty (60) days notice shall be required on the part of City or UWID to reopen the Agreement
pursuant to this section.
8. Sale, assignment, lease or other transfer of this Agreement by UWID may occur only
subsequent to notification to City. Sale of the System by City shall be subject to the terms of this
Agreement.
9. GENERAL PROVISIONS.
a. All notices, demands, requests, and other communications under this Agreement shall be
in writing and shall be deemed properly served or delivered, if delivered by hand to the party to
whose attention it is directed, or when sent, three (3) days after deposit in the U.S. mail, postage
prepaid, by registered or certified mail, return receipt requested, or if sent by facsimile to the party
to whose attention it is directed, addressed as follows:
If to City:
If to UWID:
The City of Eagle
Attn: Mayor
City Hall
310 E. State Street
Eagle, ID 83616
(208) 939-6813
(208) '939-6827(facsimile)
United Water Idaho Inc.
Attn: President
8248 W. Victory Road
Boise, Idaho 83707
(208) 362-1704
(208) 362-3858 (facsimile)
or at such other address or to such other party which any party entitled to receive notice
hereunder designates to the other in writing as provided above.
b. Upon reasonable request by City, UWID shall send a representative to any particular
meeting of City's Council and shall provide City with quarterly reports of activities in connection
with conveying water to and through the System.
c. The failure on the part of either party to enforce its rights as to any provision of the
Agreement shall not be construed as a waiver of its rights to enforce such provision in the future.
d. If any party shall fail to perform such party's obligation(s) contemplated herein for any
reason, one or more of the other parties may pursue any and all remedies at law or equity;
provided, however, all parties affected by any default agree to attempt to mediate a settlement in
good faith prior to initiating litigation. In the event litigation is filed, the prevailing party or parties
shall be entitled to an award of reasonable costs and attorneys' fees.
AGREEMENT - 2
UWlleaglelreser.agr
e. If any section, subsection, sentence, clause, phrase or portion of the Agreement is for any
reason held invalid, preempted or unconstitutional by any Federal or State court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision of the
Agreement, and such holding shall not affect the validity of the remaining portions hereof.
f. The Agreement is subject to all applicable laws of the State of Idaho and ordinances of
City.
g. The terms, representations, provisions, covenants, agreements and indemnities shall
remain binding upon and for the parties hereto until fully observed, kept or performed.
IN WITNESS WHEREOF, the undersigned have duly executed this Agreement as of the date first
above written.
CITY OF EAGLE, an Idaho municipal corporation
By:
ATTEST:
By:
Ricard Yzag - , ayor
City Clerk
AGREEMENT - 3
UWI1eagle\reser.agr
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UNITED WATER IDAHO INC., an Idaho
corporation
William C. Linam, President
EDIT A
Geographical Boundaries
City of Eagle Water System
Commencing at the section corner common to Sections 4, 5, 8 and 9, Township 4 North,
Range 1 East, Boise Meridian, Ada County, Idaho, the REAL POINT OF BEGINNING;
thence easterly along the section line common to Sections 4, 3, 9 and 10 approximately 2
miles to the section corner common to Sections 2, 3, 10 and 11, Township 4 North, Range
1 East, Boise Meridian, said point being the centerline of State Highway 55;
thence northwesterly along said centerline of State Highway 55 approximately 3/4 mile to
a point on the north line of the south half of the north half of said Section 3, Township 4
North, Range 1 East, Boise Meridian;
thence westerly along said north line of the south half of the north half of Section 3,
approximately 3/4 mile to the common north -south section line of Sections 3 and 4,
Township 4 North, Range 1 East, Boise Meridian;
thence southerly along said north -south section line of Sections 3 and 4 approximately 1/4
mile to the 1/4 corner common to said Sections 3 and 4, Township 4 North, Range 1 East,
Boise Meridian;
thence westerly along the east - west half section line of said Section 4 approximately 1/8
mile to the centerline of Dry Creek;
thence southwesterly along said centerline of Dry Creek approximately 5/8 mile to the
west line of the east half of the west half of said Section 4, Township 4 North, Range 1
East, Boise Meridian;
thence southerly along said west line of the east half of the west half of Section 4
approximately 3/8 mile to the north line of the south half of the south half of said Section
4, Township 4 North, Range 1 East, Boise Meridian;
thence westerly along said north line of the south half of the south half of Section 4
approximately 1/4 mile to the common north - south section line of said Sections 4 and 5,
Township 4 North, Range 1 East, Boise Meridian;
thence southerly along said north - south section line of Sections 4 and 5 approximately
1/4 mile to the section corner common to Sections 4, 5, 8 and 9, Township 4 North,
Range 1 East, Boise Meridian, the REAL POINT OF BEGINNING;
Cc 6-7,a5
WATER HOOK-UP FEES 6/7/2005
PAID UPON ISSUANCE OF A BUILDING PERMIT
CITY WATER HOOK-UP FEE WATER HOOK-UP FEE
RESIDENTIAL COMMERCIAL
Ashton 2,500 3,500
Blackfoot 1,000 - 9,000 size of line
Caldwell 829
Deary 1,300
Emmett 1,000
Meridian 1,713
Middleton 1,500
Nampa 771
Ruby 1,300
Star 875
Wilder 1,000
Winchester 1,000
K:IClerks\Water CompanyIHook-Up Fee Comparables
Cc. 6-7-e5-
COMMITMENT TO PARTICIPATE IN PROJECT TO EXTEND
SEWER & WATER SERVICES TO THE EAST OF
THE MIDDLETON CITY LIMITS
This commitment to participate in the project to extend municipal sewer and water
services to the east of the current Middleton city limits (the "Commitment"), dated
, constitutes an agreement between CITY OF MIDDLETON,
IDAHO (the "City"), (the "Developer"), whose address
is , and (the
"Owner"), who owns the property described in Exhibit A, attached hereto.
Based on the discussions and negotiations to date, Developer and Owner agree to
participate in a construction project whereby the City of Middleton will deliver municipal
sewer and water services to properties located to the east of the current limits of the City
of Middleton (the "Project"). The City's work towards the construction project shall be
subject to the following terms and conditions:
1. Developer/Owner agree that they will pay all legal and engineering costs and fees
incurred by the City to draft agreements, design plans, conduct professional reviews and
any other work performed by the City's professional contractors and staff relating to this
Project.
2. Developer/Owner agree that they will make an initial deposit of $2,000.00 to be used
by the City to cover professional costs and fees already incurred to date and costs and
fees related to the drafting of an agreement to be executed by the City and all
participating developers including, but not limited to, extension of services, project costs,
late comer reimbursements, annexation, service fees, and the like. Funds incurred by the
City will be allocated to Developer/Owner in accordance with their proportionate
participation in the Project. In the event the Project is not designed, the deposit will be
attributed to costs incurred and any remainder will be returned to the Developer/Owner.
3. Developer/Owner agree that in addition to the $2,000.00 deposit, they will be
responsible for all costs relating to the design and review of the Project. An estimate of
the total design and review costs and fees will be provided after a formal agreement
between the City and all participating developers is executed.
4. Developer/Owner agree that the City's engineer shall perform all professional design
and engineering review work. The City's engineer is employed by the City and has no
employment, agency, or other relationship with Developer/Owner.
(Developer's Name) (Owner's Name)
By By
Title: Title:
FUNDING
STL
SYSTEM DEVELOPER
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<< 6-7-05
Terminology and Definitions:
Master Plan - City of Eagle Municipally Owned System Amended Master Plan
Volume I and II, February 2005. This document describes recommended water
system improvements. The Master Plan was adopted by the Council in February
2005.
Trunk line — (a.k.a. Mainline) 12 -inches or greater in diameter potable water
lines, considered the principal distribution system, and will be developed in a
Block sequence according to the Amended Master Plan.
Manifold line - (a.k.a. well service lines) an approximate 12 -inch diameter
potable water line connecting wells to water distribution system (City of Eagle
Amended Master Plan, February 2005).
Pressure Reducing Valve (PRV) - A valve designed to reduce or control
pressure across a designed boundary condition in the potable water system and
housed in a special vault (City of Eagle Amended Master Plan, February 2005).
Distribution line — A 12 -inch diameter or less potable water line to be extended
by the Developer (designed and constructed under City approval) at their direct
expense of the Developer (City of Eagle Amended Master Plan, February 2005).
Well — A groundwater production supply well that meets DEQ public water
system standards, conditions of the IDWR water right permit and drilling
standards (City of Eagle Amended Master Plan, February 2005).
Reservoir Storage - Large above ground or partially buried tank designed for
potable water storage and provides peak supply capacity and pressure control to
the system (City of Eagle Amended Master Plan, February 2005).
Booster Pump Station — A pump system designed move and maintain water
pressure in the distribution system. Booster pump stations are not identified as an
expected system improvement in the Amended Master Plan. However, a booster
pump station may be required contingent on location and size of proposed
development in the northern service area during Block 4 and 5 of Master Plan
system development.
Water Right - A right to divert, store and use waters of the State. Water rights
are administered by the Idaho Department of Water Resources (IDWR). New
water rights are processed by submittal of an application, issuing of a permit to
proceed, and providing proof prior to issuing a water right license. Municipal
water rights can be issued to a water purveyor with allowances for broad
municipal types of use and future water needs.
C:\Eagel Water System\Eagle Water Expansion\MayorWaterMeeting060705.doc
INTER
OFFICE
City of Eagle
Zoning Administration
To:
From:
Subject:
Date:
Attachment(s):
Copy To:
Mayor Merrill and City Council Members
Nichoel Baird Spencer, AICP, Planner
Eagle City Code Water Ordinance Changes
June 7, 2005
Proposed Changes
N/A
Attached you will find draft changes to Eagle City Code Title 8 & 9 (Zoning & Subdivision) to
better integrate the Water System Ordinance (Ord. 479) with the rezone and development
process. The changes will provide for findings relevant to water system development for a
rezone and preliminary plat as well as design standards within the subdivision standards. These
changes will ensure that developer and property owners are directed to ECC Section 6-5 for the
water system development and improvements that are required by Ordinance 479.
Additional changes may be necessary as additional policy decisions are made. Staff would like
some direction and clarification on the following items:
Do lots in excess of 2 + acres in size require connection to the municipal system?
Currently ECC exempts 2 + acres parcels from connection to municipal water and sewer systems
(allowing individual well and septic). Do we wish to continue this? By requiring 2 &5 acre
subdivisions to connect to the City system and establishing a policy of not extending municipal
services outside of the city limits the city may be able to greatly limit development by the county
within the area of city impact.
If we annex an existing well & septic subdivisions/lot when and how would connection to
the City system occur?
Should homes with individual wells and septic be required to connect to the city water system
when:
A) Part of a new subdivision?
B) Failure occurs?
C) When services become available within a reasonable distance?
D) Upon property owner request?
Page 1 of 1
K:1Planning Dept%Misc Otlter120051ZOA TEXT AMENDMENTiwater mel.doc
Should existing community wells be allowed to continue as they now exist, managed by
developer or HOA, or should they be dedicated to the city when:
A) The development is annexed to the City?
B) The open space associated with a non-farm development requests redevelopment?
C) The capacity of the existing well is reached (combining existing and new
development)?
Are lot splits exempt from this condition?
Currently lot splits that create lots of 2 acres or more are exempt from connection to municipal
services will these lot continue to be exempt from connection within the Eagle Water Service
area?
Page 2 of 1
K:1Plwuting DeptlMisc Other1200512OA TEXT AMENDMENT watcr tnel.doc
PROPOSED CHANGES TO ECC TITLE 8 & 9
ZONING ORDINANCE AMENDMENTS
8-7-5: AMENDMENTS:
A. Authority: Whenever the public necessity, convenience, general welfare or good zoning
practices require, the council may, by ordinance after receipt of recommendation thereon from
the commission and subject to procedures provided by law, amend, supplement, change or repeal
the regulations, restrictions and boundaries or classification of property.
B. Initiation Of Zoning Amendments: Amendments to this title may be initiated in one of
the following ways:
1. By adoption of a motion by the commission;
2. By adoption of a motion by the council; or
3. By the filing of an application by a property owner or a person who has existing
interest in property within the area proposed to be changed or affected by said
amendment.
C. Application For Amendment: Applications for amendments to the official zoning map,
adopted as part of this title by reference, shall contain at least the following information:
1. Name, address and phone number of applicant;
2. Proposed amending ordinance, approved as to form by the council;
3. Present land use;
4. Present zoning district;
5. Proposed use;
6. Proposed zoning district;
7. A vicinity map at a scale approved by the administrator showing property lines,
thoroughfares, existing and proposed zoning and such other items as the administrator
may require;
8. A list of all property owners and their mailing addresses who are within three hundred
feet (300') of the external boundaries of the land being considered;
9. A statement on how the proposed amendment relates to the comprehensive plan,
availability of public facilities and compatibility with the surrounding area; and
10. A fee as established by the council.
D. General Procedure For Amendments: Zoning districts shall be amended in the following
manner:
1. Request for an amendment to this title shall be submitted by the commission which
shall evaluate the request to determine the extent and nature of the amendment
requested.
2. Request shall be reviewed by the commission and shall be evaluated to determine if
such action shall create a demand for public infrastructure that is not currently,
available for the site including but not limited to municipal sewer and water services.
3 2. If the request is in accordance with the adopted comprehensive plan, the commission
may recommend and the council may adopt or reject the amendment under the notice
and hearing procedures as herein provided.
4 a. If the request is not in accordance with the adopted comprehensive plan, the request
shall be submitted to the planning or planning and zoning commission, or in its
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PROPOSED CHANGES TO ECC TITLE 8 & 9
absence, the council, which shall recommend, and the council may adopt or reject an
amendment to the comprehensive plan, under the notice and hearing procedures
provided in section 67-6509, Idaho Code. After the comprehensive plan has been
amended, this title may then be amended as hereinafter provided for. (Ord. 256, 2-7-
1995)
E. Public Hearings, Notice: The commission shall hold a public hearing and make
recommendations on proposed zoning amendments. Zoning amendments may consist of text or
map revisions
1. Zoning Text Amendment: The commission, prior to recommending a zoning text
amendment to the council, shall conduct at least one public hearing in which interested
persons shall have an opportunity to be heard. The commission shall follow the notice
requirements provided in section 8-7-8 of this chapter. Following the commission's
hearing, if the commission makes a material change from what was presented at the
public hearing, further notice and hearing shall be provided before the commission
forwards the amendment with its recommendation to the council.
2. Zoning Map Amendment: The commission, prior to recommending a zoning map
amendment that is in accordance with the comprehensive plan to the council, shall
conduct at least one public hearing in which interested persons shall have an
opportunity to be heard. The commission shall follow the notice requirements provided
in section 8-7-8 of this chapter. (Ord. 270, 5-29-1996)
F. Action By Commission
1. Recommendation By The Commission: Within forty five (45) days from the receipt of
the proposed amendment, the commission shall transmit its recommendation to the
council. The commission may recommend that the amendment be granted as requested,
or it may recommend a modification of the amendment requested, or it may
recommend that the amendment be denied. The commission shall ensure that any
favorable recommendations for amendments are in accordance with the eemprehensive
- - - - the following findings:
a. The proposed zoning ordinance amendment is in accordance with the
Comprehensive Plan and established goals and obiectives and the Future Land
Use Map;
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that adequate public facilities exist, or are
expected to be provided, to serve any and all uses allowed on this property
under the proposed zone;
c. The proposed zone is compatible with the zoning and uses in the surrounding
area;
d. No non -conforming uses will be created with this rezone.
G. Action By Council:
1. The council, prior to adopting, revising or rejecting the amendment to this title as
recommended by the commission, shall conduct at least one public hearing using the
same notice and hearing procedures as the commission. Following the council hearing,
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PROPOSED CHANGES TO ECC TITLE 8 & 9
if the council makes a material change from what was presented at the public hearing,
further notice and hearing shall be provided before the council adopts the amendment.
The city council shall make findings as required in subsection F-1 of this section.
2. Upon granting or denying an application to amend this title, the council shall specify:
(1) The ordinance and standards used in evaluating the application;
(2) The reasons for approval or denial; and
(3) The actions, if any, that the applicant could take to obtain the amendment.
Page 3 of 5
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PROPOSED CHANGES TO ECC TITLE 8 & 9
SUBDIVISIONS
9-2-3: PRELIMINARY PLAT:
D. Procedure for Approval Of Preliminary Plat:
1. Administrative Review:
a. Certification By Administrator, Public Hearing: Upon receipt of the preliminary
plat and all other required data as provided for herein, the administrator shall
certify the application as complete and shall affix the date of application acceptance
thereon. The administrator shall schedule a public hearing before the planning and
zoning commission, which hearing shall be held within forty five (45) days of the
date of certification of a complete application.
b. Review By Other Agencies: The administrator shall refer the preliminary plat
and application to as many governmental agencies as deemed necessary. Such
agencies may include the following:
(1) Other governing bodies having joint jurisdiction;
(2) The appropriate utility companies, irrigation companies or districts and
drainage districts;
(3) The superintendent of the school district; and
(4) Other agencies having an interest in the proposed subdivision.
c. Recommendation By Administrator: The zoning administrator shall provide that
any transmittal as provided in subsection Dlb of this section will be returned
within fifteen (15) days. At the end of the fifteen (15) day period, the administrator
shall prepare a recommendation to the commission. All agency responses shall be
supplied by the zoning administrator to the planning and zoning commission.
2. Public Notice: The administrator shall provide notice in accordance with the
requirements of section 8-7-8 of this code.
3. Action By Commission:
a. Commission's Findings: In determining the acceptance of a proposed
subdivision, the commission shall consider the objectives of this title and at least
the following:
(1) The conformance of the subdivision with the comprehensive development
plan;
(2) The availability of public services to accommodate the proposed
development, including compliance with Title 6 Section Sof this code;
(3) The continuity of the proposed development with the capital improvement
program;
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PROPOSED CHANGES TO ECC TITLE 8 & 9
(4) The public financial capability of supporting services for the proposed
development; and
(5) The other health, safety and environmental problems that may be brought
to the commission's attention.
SUBDIVISION DESIGN STANARDS
9-3-9: WATER SYSTEM: The provision of a public water system shall
conform to the following standards:
A. All subdivisions within the Eagle City Water Service Area shall comply with Title 6
Section 5 of this code.
Page 5 of 5
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