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Minutes - 2005 - City Council - 05/24/2005 - Regular .I EAGLE CITY COUNCIL Minutes May 24, 2005 1. CALL TO ORDER: Council President Bastian calls the meeting to order at 5:40 p.m. 2. ROLL CALL: Present: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. All present. A quorum is present. 3. Discussion of water system issues. [5:30 - 6:30 p.m.] Bastian introduces the item. Vern Brewer with Holladay Engineering discusses strategy for water system development. Discusses how the city may be able pay for a water system in a largely undeveloped area. See handout provided and attached to minutes. The City Engineer suggests that the rates charged on the scaled front-end "Supply and Trunk Line" (STL) would be reviewed at least every 2 years to verify that the fees being charges are appropriate in relation to current construction costs. The scaling is suggested because larger developments are usually phased in, the amount of money collected will be the same it's just a matter of whether the larger fees are being collected at the front end or back end of the proposed development. Discussion regarding proposed fee schedule models. City Attorney, Buxton re-states her understanding ofthe direction Council wishes to take on this issue. Making sure that the City complies with the EDU, the supply and trunk line charge so that every one is treated the same way for Equivalent Dwelling Unit (EDU). And that we have an incentive opportunity possibly through a development agreement or a separate agreement anyway. Making sure to figure out a way to get some of the up front costs to build it and then maybe have a way at the back end at final plat to pay for more phasing, perhaps through a phasing agreement or something like that. Nordstrom likes the idea of using EDU as a driver, would like to see the trade off provisions that somebody can get if you guys sit down and anticipate what you can think of today in the realm of that we put that in as the standard so somebody has a measure. Make it an incentive to the best of our ability, and that way we have anticipated as many things as possible until an unanticipated situation is thrown at us. City Attorney, one very common way to deal with these types of things, to build it and to get the financing, is to do an LID. It is very common and it is becoming more so all the time. Nordstrom states that an LID forces you to a fixed amount of money with a fixed time table and a fixed opportunity and it doesn't anticipate growth or change. City Attorney, but what an LID does is for the bigger things it makes some sense. But Mr. Nordstrom is correct, in that the LID has to benefit that property; it can't take that LID that benefits this property and then expand its use out there. You have to make sure that when you are the next guy adding on that person has to pay their prorata share for what they are buying into, and you can do that. It's like a patchwork quilt, and that is the nature of the beast. Bastian, can we avoid an LID by going with the proposal submitted by the City Engineer. Buxton states that anyone can ask for an LID, they can petition you for an LID. Bastian suppose you have a Page 1 K:\COUNCIL\MINUTESITemporary Minutes Work Area\CC-OS-24-0Smin.doc landowner who wants to do some infrastructure work and sees a way of doing that through city fmancing at low cost financing, as LIDs are low. If someone has a large project they might want to voluntarily take upon themselves an LID in order to do this. When the City Attorney writes this up they should include considering LID option. Nordstrom feels that the engineer's proposal is a grand idea, more or less, and that we are onto something quite good. Vern and his people have done a good job of figuring through this thing, and if we could round it off with a few of the other attributes that have been discussed then we are getting there. Bastian would like to move forward rather aggressively. Brewer, with the Council's directive, he and the City Attorney need to sit down prior to the next Council meeting to work on the resolution and work on the infonnation and then have it back considering all of the issues discussed tonight. 4. EXECUTIVE SESSION: [6:30 - 7:15 p.m.] A. Pending or threatened litigation: I.C. §67-2345(f) Guerber moves to go into Executive Session per Idaho State Code §67-2345(f) to discuss pending or threatened litigation. Seconded by Sedlacek. SEDLACEK, AYE; BASTIAN, AYE; GUERBER, AYE; NORDSTROM, AYE. ALL AYE...MOTION CARRIES. Council discusses pending or threatened litigation. Council leaves Executive Session. Bastian calls a recess until 7:30 p.m. 5. PUBLIC COMMENT: A. Sam Jones is seeking Council input regarding the Juvenile Justice Council. Mr. Jones notified the Clerk's Office that he was ill and unable to attend. He did, however provide a memo for Council's review and input. He is inquiring if any of the Council wishes to participate in the Juvenile Justice Council. Council would like Sam to make a report in person at the next Council meeting. The Council members agree to contact the Clerk's Office ifthey wish to participate on the Juvenile Justice Council. B. Tom Wilson will give an update on the new city hall facility. Mr. Wilson submits a one page report giving a progress update on the project. Guerber questions if Mr. Ron Evan's the head of State Mall Security could take a look at the security proposals to review their accuracy. Guerber will provide contact infonnation to Mr. Wilson to follow up on. C. General public if present and wish to address Council. No one chooses to speak. 6. PLEDGE OF ALLEGIANCE: 7. CONSENT AGENDA: Page 2 K:ICOUNCIL\MINUTESITemporary Minutes Worlc Area\CC-OS-24-0Smin.doc . 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 May 10,2005. C. Minutes of May 16,2005. D. Re-appointment of Richard Talbert to the Park and Pathway Development Committee: The Mayor is requesting Council confinn the re-appointment of Mr. Talbert to the PPDC. Mr. Talbert's new tenn will expire in May of 2008. (NM) E. Appointment of to the Easde Community Foundation Committee: The Mayor is requesting Council confinnation of the appointment of T eri Bath to the ECFc. Mrs. Bath will be fulfilling a vacated position. (NM) F. Open Container Permit: The Winery at Eagle Knoll is requesting an open container pennit to be used at 93 S. Eagle Road (Rembrandt's) on May 26th from 5:00 p.m. to 9:00 p.m. They have submitted the appropriate fees and documentation. (NM) G. Findin£!s of Fact and Conclusions of Law for PP-3-05 - Lakemoor Subdivision - BW Ea£!le. LLC: BW Eagle, LLC, represented by Dan Torfin, is requesting preliminary plat approval for Lakemoor Subdivision. The 178.52-acre, 240-lot (142-residential, 53-commercial, 45-common) subdivision is located on the east side of Eagle Road approximately 1000- feet north of Chinden Boulevard. (WEV) H. Findin£!s of Fact and Conclusions of Law for DR-44-02 MOD - Multi Phased Project for Ea£!le First Baptist Church - Ea£!le First Baptist Church: The Eagle First Baptist Church, represented by Joann Butler with Spink Butler, LLC, is requesting design review approval for the removal of site specific conditions of approval number 1 and 7 associated with a multi phased project to include constructing a 7,650-square foot church facility, remodeling the existing 2,400-square foot shop building with a 450-square foot building addition, and relocating and changing the use of the existing 1,986-square foot residential home into an office and classroom facility. The site is located on the north side of East State Street approximately 300-feet east of2od Street at 350 East State Street. (WEV) I. Findin£!s of Fact and Conclusions of Law for PP/FP-I-05 - Rockv Mountain BusinessPark Subdivision - Dave Evans Construction: Dave Evans Construction, represented by Tim Mokwa with Toothman- Orton Engineering, is requesting combined preliminary plat and final plat Page 3 K:\COUNCIL\MINUTES\Temporary Minutes Worlc Area\CC-OS-24-0Smin.doc approval for Rocky Mountain Business Park Subdivision No.3 (a re- subdivision of Lot 5, Block 3, of Merrill Subdivision No.1, Lots 6, 7, and 8, Block 3, of Merrill Subdivision No.2, fonnally known as Rocky Mountain Business Park). The 4.3-acre, 10-lot (9-buildable, I-common) commercial subdivision is located at 1189 & 1267 East Iron Eagle Drive within the Rocky Mountain Business Park. (WEV) J. DR-122-04 -Master Si£!n Plan for Two Retail Build~n£!s w~thin Easde River Development - Venture Development Group LLC: Venture Development Group, LLC, represented by Roger Llewellyn with Golden West Advertising Inc., is requesting design review approval of a master sign plan for two multi-tenant retail buildings. The 1.35 acre site is located approximately 210 feet south of State Highway 44 within the Eagle River Development at 46 & 78 E. Eagle River Street. (WEV) K. DR-18-05 - Monument Si£!n for a Multi-tenant Office Buildin£!- Shadow Mountain Construction: Shadow Mountain Construction, represented by James Gipson with James Gipson Associates, is requesting design review approval of a monument sign for a multi-tenant office building. The site is located on the east side of Palmetto A venue approximately 250-feet north of East State Street at 52 North Palmetto Avenue (Lot 1, Block 1 of Fuerte de la Aguila Subdivision). (WEV) L. Open container permit: da Vinci's is requesting an open container pennit to be used on June 11 th from 10:00 a.m. until 6:00 p.m. Activities will be held on First Street from State Street to the alley north of da Vinci's restaurant. Appropriate fees have been submitted. Mr. Schwartz is working with ACHD to obtain a Citizens Use pennit and Ada County Sheriff's Office to obtain site approval. City Council approval should be conditioned upon proof of final approval by ACHD and ACSO. M. Fireworks America Contract: Approval of contract for 4th of July firework display. The City Attorney has reviewed and approved the contract. Guerber moves to amend the agenda adding item 7L: Open Container permit for da Vinci's for Eagle Fun Days, 1M Approval of Fireworks America Contract for the 4th of July presentation, and lIE Request by the Park and Pathway Development Committee to consult with ACHD for a temporary bike and foot traffic path to Hill Road Park along with signage and appropriate crosswalks on Hill Road from Highway 55 west to Edgewood, also moving item 11 Band C to be heard under public hearings. The items were noticed correctly in the newspaper, but placed in the incorrect location on the agenda. They will now be lOB and C. Also adding item 12 A. Resolution 05-11 regarding a dismissal of a law suit. Seconded by Bastian. ALL A YE...MOTION CARRIES. Bastian moves to remove item 1H from the consent agenda. Seconded by Sedlacek. ALL AYE...MOTION CARRIES. Page 4 K:\COUNCIL\MINUTES\Temporary Minutes Worlc Area\CC.O5-24.05min.doc Guerber moves to approve the Consent Agenda as amended, absent item 1H. Seconded by Nordstrom. SEDLACEK, AYE; BASTIAN, AYE; GUERBER, AYE; NORDSTROM, AYE. ALL AYE MOTION CARRIES........................ 7H. Findin£!s of Fact and Conclusions of Law for DR-44-02 MOD - Multi Phased Project for Ea£!le First Baptist Church - Ea£!le First Baptist Church: The Eagle First Baptist Church, represented by Joann Butler with Spink Butler, LLC, is requesting design review approval for the removal of site specific conditions of approval number 1 and 7 associated with a multi phased project to include constructing a 7,650-square foot church facility, remodeling the existing 2,400-square foot shop building with a 450-square foot building addition, and relocating and changing the use of the existing 1,986-square foot residential home into an office and classroom facility. The site is located on the north side of East State Street approximately 300-feet east of2od Street at 350 East State Street. (WEV) Bastian introduces the item. Zoning Administrator, Bill Vaughan reviews findings and comments on phasing and parking requirements. Discussion regarding site specific conditions of approval, including the need to collect future engineering fees from the applicant. Guerber notes that he will be recusing himself from voting and discussing this item as he was previously a member of this church. City Attorney proposes modifications to site specific paragraph 13 to read: The applicant shall comply with the minimum parking requirements of Eagle City Code for each phase of development. Site specific condition 14 could be amended to read: The development of the land designated as "Future Development Area" shall specify the applicants completion of construction of the public pathway to City standards, emergency vehicle access and a park area for joint public/private use, by formal agreement to be signed by the City of Eagle and First Baptist Church the agreement shall be submitted to the city for review and approval on or before July 15, 2005 and shall be executed prior to issuance of permits for phase 2 and 3. Stephanie Williams, 853 N. Snead Place Eagle, Idaho representing the First Baptist Church. It is concerned that the only issue they were aware of being addressed tonight was parking issues, not the fiscal responsibility of installing the pathway. Ms. Williams feels she cannot commit to the pathway costs until she takes that back to the Church body. Buxton notes she has communicated with Ms. Butler, legal counsel for the church, that the pathway construction was not the responsibility of the city, but is of the church. The City does not build pathways for any projects. The pathway is required, and the timing of its installation that can be called out or negotiate in the agreement. Page 5 K:\COUNCIL\MINUTES\Temporary Mjnutes Work Area\CC.O5-24-05min.doc Sedlacek moves to approve the findings of fact and conclusions of law DR-44-02 MOD - Multi Phased Project for Eagle First Baptist Church with the inclusion of the changes proposed by the Zoning Administrator which added back in #9 as modified and change #13: to say that the applicant shall comply with the parking requirements of Eagle City Code for each phase of development and that for site specific condition #14, to be modified as read by the City attorney tonight. And that with the agreement ofthe church governing body, if they accept the conditions as modified tonight, that we go ahead and issue the building permit without it coming back to Council. If the church agrees to the requirements stated tonight, they are to submit their agreement in writing to the Zoning Administrator. Seconded by Nordstrom. Discussion. Site specific condition no. 18, they may seek reconsideration at the June 14th meeting. Second agrees. Discussion. ALL AYE...MOTION CARRIES. (Guerber abstains) 8. PROCLAMATIONS & RESOLUTIONS: None 9. FINAL PLATS: None 10. PUBLIC HEARINGS: A. CPA-l-05 & RZ-l-O5 & CU-l-05 - Comprehensive Plan Amendment from Residential Four to Central Business District. Rezone with Development A£!reement From R-4 to CBD-DA and Conditional Use Permit - Ea£!le Hei£!hts Baptist Church: Eagle Heights Baptist Church, represented by CSHQA, is requesting a Comprehensive Plan Amendment to change the land use designation on the Comprehensive Plan Land Use Map from Residential Four (up to four units per acre) to Central Business District, a rezone from R-4 (Residential up-to four dwelling units per acre) to CBD-DA (Central Business District with Development Agreement), and a conditional use permit to construct a residentiaVcommercial development. The 1.83-acre site is generally located on the south east comer of East Mission Drive and Eagle Road at 291 North First Street. (WEV) Bastian introduces the item. James Murray, 250 S. 5th Street Boise, Idaho with CSHQA reviews the application. City Planner III, Nichoel Baird Spencer, reviews the staff report. Bastian opens the public hearing. Bastian swears in Mr. Bennett. Geoffrey Bennett, 299 N. Second St. Eagle, Idaho. Has concerns with parking being so close to his fence, loss of privacy due to the construction of the proposed development, increase in traffic and rentersliving in the proposed development. Page 6 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC.O5.24-05min.doc Bastian swears in Mr. Modlin. Michael Modlin, 1457 E. Meridian, Idaho. Pastor of Eagle Heights Baptist Church. Reviews the churches intentions when moving forward onthis application and the challenges the site currently faces with traffic and cut thoughts. Bastian swears in Ms. Theresa Pitmann. Theresa Pitmann 8836 Goddard Place Boise, Idaho. Ms. Pitmann is a member of Eagle Heights Baptist Church. Comments on the impact on the traffic pattern. She feels that most of the people would live south of this facility and therefore would travel down First Street to go to work rather than taking Mission Drive. Murray rebuts testimony. Bastian closes the public hearing. Discussion amongst the Council. Sedlacek feels it is a good project, just the wrong place for it. Bastian is concerned with the maximum proposal of 15 dwelling units. Guerber feels this is the fringe of the area where the City had envisioned this type of development. Nordstrom states that it is a huge challenge to sort out the evolution ofthe City's central business district. Has a few concerns with the application and is not prepared to act on this application yet. Discussion to perhaps further specify the allowed uses for this development within the development agreement. Bastian moves to continue this item to the next regular scheduled meeting with the public hearing closed, so that staff can work with the applicant on the issues raised tonight. Those issues primarily being permitted uses for the businesses, how to deal with parking on streets, buffering and calming devices for public safety. Seconded by Nordstrom. Discussion. THREE AYE...ONE NAY (GUERBER)...MOTION CARRIES Council calls a 5 minute break. City Attorney requests item 10D be heard before 10C Ordinance No. 518: An Ordinance Of The City Council Of The City Of Eagle, Ada County, Idaho, Expressing Official Intent, Pursuant To Sections 67-2323 & 50-1403, Idaho Code, To Sell Real Property Of The City To The Ada County Highway District; And Providing An Effective Date. (SEB) Bastian introduces the item. City Attorney discusses the ordinance. Bastian opens the public hearing. Bastian closes the public hearing. Page 7 K:\COUNCIL\MINUTESITemporary Mjrotes Work Area\CC-O5.24-05min.doc Guerber 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 # 518 be considered after being read once by title only. Guerber reads Ordinance #518 by title only. Seconded by Sedlacek. ALL AYE: MOTION CARRIES................. Guerber moves that Ordinance #518 be adopted. Seconded by Sedlacek. Bastian: AYE; Sedlacek: AYE; Guerber: AYE: Nordstrom: AYE: ALL AYE: MOTION CARRIES................................... Ordinance No. 516: An Ordinance Of The City Of Eagle, Amending The Annual Appropriation Ordinance No. 483 For The Fiscal Year Beginning October 1,2004 To Reflect The Receipt Of Unscheduled Revenues, Increasing And Establishing The Appropriations For Expenditures In The General Fund, Providing That The Tax Levy Upon Taxable Property Within The City Of Eagle Is Not Affected Hereby Providing That All Ordinances In Conflict Herewith Are Repealed To The Extent Of Such Conflict, And Providing That The Ordinance Shall Be Effective Upon Its Publication Date. (SKB) Bastian introduces the item. Deputy Clerk Osborn reviews the ordinance. Guerber 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 # 516 be considered after being read once by title only. Guerber reads Ordinance #516 by title only. Seconded by Nordstrom. ALL AYE: MOTION CARRIES. Guerber moves that Ordinance #516 be adopted. Seconded by Nordstrom Bastian: AYE; Sedlacek: AYE; Guerber: AYE: Nordstrom: AYE: ALL AYE: MOTION CARRIES.... 11. NEW BUSINESS: A. LS-l-05 - Lot Split - Level Holdin£!s LLC: Level Holdings LLC, represented by Wendy Adams, is requesting approval of a lot split for the creation of two lots. The 1.54- acre site is located on the south side of Hill Road at 2040 East Hill Road. (WEV) Bastian introduces the item. Wendy Adams, 1096 N. Watson Eagle, Idaho. Ms. Adam reviews the application and makes herself available for questions. City Planner III, Nichoel Baird Spencer, reviews the staff report. Zoning Administrator, Vaughan comments on the requirement to connect to central services. Sedlacek moves to approve LS-l-05 Lot Split Level Holdings LLC with the site specific and standard conditions of approval. Seconded by Guerber. ALL AYE. ..MOTION CARRIES. Page 8 K:\COUNCIL\MINUTESITemporary Mjrotes Worlc Area\CC.O5.24.05mindoc B. LS-2-05 - Lot Split - Paul Lindquist: Paul Lindquist is requesting approval of a lot split for the creation of two lots. The 4.82-acre site is located south of Beacon Light Road at 1846 W. Rush Road in Academy Place Subdivision. (WEV) Bastian introduces the item. Doug Russell, 462 E. Shore Drive Eagle, Idaho representing Mr. Lindquist. Mr. Russell reviews the application. City Planner III, Nichoel Baird Spencer, reviews the staff report. City Attorney, states that Council could modify the existing waiver so accommodate this lot split. Discussion amongst the Council. Guerber moves to approve the LS-2-05 Lot Split - Paul Lindquist with the appropriate stipulations as identified in the staff reports and that an adjustment also be noted on the previous waiver that was granted for the modification on the house in the past with the acceptance of the house in it's current position at 42' from the property line and the shed at 3.7' from the west property line. Seconded by Bastian. Discussion. THREE AYE...ONE NAY (Sedlacek)...MOTION CARRIES. E. Request by the Park and Pathway Development Committee to consult with ACHD for a temporary bike and foot traffic path to Hill Road Park along with signage and appropriate crosswalks on Hill Road from Highway 55 west to Edgewood. Bastian introduces the item. Guerber addresses the issue raised at the last Park & Pathway Development Committee. Larry Sale, Liaison with Ada County Highway District, addresses Council member Guerber's request. He will take the request back to ACHD and report at Council's next meeting. 12. UNFINISHED BUSINESS: A. Resolution 05-11: A resolution of the City of Eagle, Ada County, Idaho, approving and authorizing the execution of the stipulation for dismissal with Eagle River LLC., and Idaho limited liability company, Eagle Gravel, Inc. and Idaho Corporation, and the Idaho Transportation Department, an agency of the State ofldaho; authorizing the City Attorney to execute the same; and providing an effective date. Bastian introduces the item. City Attorney, Buxton reviews the item. City Attorney is seeking Council direction to amend the resolution and agree to only refer to ITD's letter within the dismissal. Nordstrom moves to direct Legal Counsel to follow through with the suggested modification. Seconded by Guerber. Discussion. With the language on Exhibit A to read "based on the letter to the City of Eagle from ITD dated April 26, 2005 attached hereto Exhibit A." The letter either will or will not be attached depending Page 9 K:\COUNCIL\MINUTES\Temporary Mjrotes Work Area\CC.O5.24-O5min.doc on consultation with other legal Council. The Attorney is directed that once an agreement is reached regarding the proposed modification, she will then execute the stipulation and file it with the Supreme Court. ALL A YE...MOTION CARRIES. City Attorney comments on easements with The Shores development, for conservation and greenbelt easements. Relays a discussion she has had with Gregg Martinez with the Army Corps on about these easements. Guerber moves to direct the City Attorney to write a letter to Corps of Engineers regarding easements for The Shores Development. Seconded by Sedlacek. ALL AYE...MOTION CARRIES. 13. EXECUTIVE SESSION: A. Pending or threatened litigation: I.C. §67-2345(f) No executive session was held at this point in the meeting. 14. REPORTS: a. Mayor and Council's Report: Sedlacek no report. Bastian reports on the Library Board and the five year program they are working on, also reports on recent events with Ada County Sheriff's Office. Guerber comments on the Land and Water Conservation fund projects that were wiped out, which included funding for playground equipment for Hill Road park. Nordstrom wants to make sure that the Sewer District is aware of some of the financing options would like the Clerk's Office to e-mail him the information presented by the City Engineer tonight and also direct the City Attorney to get the draft ordinance regarding the same financing options to him no later than June 13th. Nordstrom also notes that his neighbor is interested in volunteering in some manner for the City of Eagle. b. City Engineer Report: None c. City Clerk/Treasurer Report: Review of agenda items for Joint ACHD meeting on June 7th, Joint meeting on May 31 st, discussion of ground breaking ceremony for new city hall building, and coordination of a meeting with Ada County Commissioners on the water storage facility at the Eagle Sports Complex. d. Zoning Administrator's Report: Vaughan discusses a letter from ITD about removing median barriers. Council leaves it up to staff to look into further e. City Attorney Report: Discusses easements with The Shores easements. 15. ADJOURNMENT: Sedlacek moves to adjourn. Seconded by Nordstrom. . ALL AYE: MOTION CARRIES. .. Respectfully submitted: ~~~~~~ CITY CLERK/TREASURER Page 10 K:\COUNCIL\MINUTES\Temporary Mjrotes Worlc Area\CC.O5.24-05min.doc APPROVED: '- - ". . Page 11 K:\COUNCIL\MINUfES\Temporary Mjnutes Worlc AreaICC.O5.24-05min.doc Eagle City Council Public Hearing Sign-up Sheet Subject: Ordinance No. 516: Amending The Annual Appropriation Ordinance No. 483 For The Fiscal Year Beginning October 1, 2004 May 24, 2005 No public hearings will be heard prior to 7:30 p.m. NAME ADDRESS/ TELEPHONE Page 1 f 1 H:ICOUNCILIAGENDAICCSIGNUP. WPD TESTIFY SUBJECT YES/NO? PRO/CON Eagle City Council Public Hearing Sign-up Sheet Subject: Ordinance No. 518: An Ordinance Of The City Council Of The City Of Eagle, Ada County, Idaho, Expressing Official Intent, Pursuant To Sections 67-2323 & 50-1403, Idaho Code, To Sell Real Property Of The City To The Ada County Highway District; And Providing An Effective Date. May 24, 2005 No public hearings will be heard prior to 7:30 p.m. NAME ADDRESS/ TELEPHONE Page 1 f 1 H:ICOUNCIL\AGENDA\CCSIGNUP. WPD TESTIFY SUBJECT YES/NO? PRO/CON 5A Project Status Report (5/24/05) Computer Lab There has been some delay as we re-evaluated how we were going to work the program due to problems in getting prospective participants to commit to a multi week program. We are now offering classes to seniors where our youth will assist in the teaching and interact with the seniors in that way. The lab is now open every day and the classes began this week with an introductory class covering email and internet. Intermediate email and internet classes as well as a class covering useful free software and how to use it are in the works as well. Mayor's Youth Advisory Council We currently have around ten teens recruited for this council. We are now working with these teens to create bylaws and plan for the year ahead. Juvenile Justice The people needed to get the council formed have been recruited and the process has been started. We were wondering if any member of the city council would be interested in being part of the Juvenile Justice council. A preliminary meeting to go over bylaws and structure for the program with all of the volunteers is scheduled for this Thursday at City Hall at 4:30pm. If anyone is interested in participating, they can attend the meeting or contact Sam through City Hall. Chess Club The Eagle Community Chess Club continues to meet every other Thursday night, usually at the Senior Center. We have a solid core of players and have been averaging around twenty people per night. • CG51(HoS Suggested Strategy for Water System Development Water System Master Plan Problem Statement: The City needs to collect money at the time an annexation request or a subdivision/development application is filed to offset its up -front costs for water supply wells, trunk line system and storage development within its service area. Suggested Solution: 1. Amend the city's ordinance to include a "System Improvement Fair Share Quotient" (another phrase may be "Supply and Trunk Line" (STL)) charge of $1,500/per equivalent residential customer (ERC) as recommended in the Water System Master Plan, Feb. 2005. This charge is in addition to the established hook- up fee which applies to meter connection and related costs. 2. Implement the STL charge with a credit provision for eligible Owner -incurred costs. STL revenue will only fund water supply and trunk line capital improvements identified in Appendix C of the Master Plan. May 24, 2005 Presentation to Council Water System Charges per Residence (or Residential Equivalent) for developments less than 70 lots Current Proposed Due at Preliminary Plat 0 $ 750 By Owner Due at Final Plat 0 $ 750 By Owner Due at Building Permit $ 850* $ 850* By Builder Total Water Connection $ 850* $ 2,350 Charge * Current Hookup fee is being evaluated against actual cost and age of system. May 24, 2005 Presentation to Council Water System Charges per Residence (or Residential Equivalent) for developments greater than 70 lots Anticipated Issue: Reduced development size of Preliminary and Final Plat applications. Pro: Reduced out-of-pocket cost to Owner Con: Uncertainty of future development requirements Suggested Solution: Scaled front-end STL charges to encourage large-scale planning and preliminary plats. Size of Development 70 Lot Subdivision or less 1) Preliminary Plat $/Lot or ERC Final Plat $/Lot or ERC No scale applied, $ 750 No scale applied, $ 750 to 500 Lot $/Lot = $81L04 +(-0.872 x $/Lot = $ 1,500 minus Subdivision lots) Preliminary Plat $/Lot Greater than 500 Lot Preliminary Plat May 24, 2005 Presentation to Council 25% of $ 1,500 75% of $ 1,500 Examples of STL and Suggested Impacts of Scale Buildable Lots in Development 65 Lots 125 Lots 276 Lots 424 Lots 633 Lots Due at Preliminary Plat $ 750/Lot $ 48,750 $ 702.04/Lot $ 87,755 $ 570.36/Lot $ 157,422 $ 441.31/Lot $187,116 $ 375/Lot $ 237,375 Due at Final Plat of 75 Lots (Phase 1) NA $ 48,750 $ 797.96/Lot, Phase 1 $ 59,847 $ 929.64/Lot, Phase 1 $ 69,723 $ 1,058.69/Lot/Phase 1 $ 79,402 $ 1,125/Lot, Phase 1 $ 84,375 The combined STL / Hookup Fee will only apply to subdivisions or developments after the effective date of the adoptive ordinance. It will apply throughout the City Water Service Area as identified in the Water System Master Plan. May 24, 2005 Presentation to Council Eagle City Hall Progress Report May 24, 2005 CCJ' 5/Ry/os 1. Acoustical report for City Meeting Hall received and transmitted to Hawkins -Smith with a request for a budget estimate. 2. Security System Second bid received May 23; the third bidder wants to have another chance to make a presentation prior to submitting a bid. According to him this system is much superior to anything on the market. He also wants to bid a system that will be total controlled at his local call center. This feature was not part of our original request for bid. He has implied that he would not be interested in preparing a bid for a basic security system as contained in the City's request for Quote. I suggest that in the evaluation he be consider as a "no bid." 3. The domestic sewer issues have been resolved. 4. A meeting with Drain Ditch District No. 2 has been preliminarily scheduled for their June 1st board meeting to finalize any storm water drainage issues. 5. At the May 26 Design Review Board meeting the staff report and findings will be reviewed and approved by the Design Review Board. 6 At the May 31 City Council meeting Design Review Board recommendations will be submitted for approval 7. Craig Hildebrand has stated that Hawkins -Smith contractor should be starting site clean up the week of June 13. Recording Requested By and When Recorded Return to: City of Eagle P.O. Box 1520 Eagle, Idaho 83616 PLANNING & ZONING RECOMMENDATION DEVELOPMENT AGREEMENT cc 10 ks For Recording Purposes Do Not Write Above This Line This Development Agreement, made and entered into this day of , 2005, by and between the City of Eagle, a municipal corporation in the State of Idaho ("Eagle"), by and through its Mayor, and Eagle Heights Baptist Church. ("Applicant"). WHEREAS, the Applicant is the owner of record of certain real estate located at 291 North 1st Street, Eagle, Idaho, ("Property"), as specifically defined in the attached legal description (Exhibit A) which is the subject of an application for Rezone identified as Rezone Application No. : and WHEREAS, the proposed development includes properties within an area currently zoned Residential -Four; and WHEREAS, the Applicant desires a Central Business District (CBD) zoning classification to develop a multi -story, multi unit residential condominium (project as identified on the attached site plan) use on the above described property, which is herein referred to as the "Property"; and WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have determined that the scope of any project upon the Property must be limited to prevent undue damage to, and to otherwise be in harmony with, the existing community; and WHEREAS, the intent of this Development Agreement is to protect the rights of Applicant's use and enjoyment of the Property while at the same time limiting any adverse impacts of the development upon neighboring properties and the existing community and ensuring the Property is developed in a manner consistent with Eagle's Comprehensive Plan and City Code; and Page 1 of 7 K:1Planning Dept1Eaglc ApplicationslCPA120051CPA-1-05 & RZ-01-05 pz DA.doc WHEREAS, the Applicant has agreed to the use restrictions and other limitations set forth herein upon the use and development of the Property and has consented to a Central Business District (CBD) zoning designation for the Property with the requirements set forth in this Development Agreement; and WHEREAS, the Applicant has previously provided Eagle with an affidavit agreeing to submit the Property to a Development Agreement pursuant to Eagle City Code Section 8-10- 1(C)(1); and WHEREFORE, the Applicant and the City of Eagle desire to resolve the issues and concerns that have arisen and for and in consideration of the mutual covenants contained herein, it is agreed as follows: ARTICLE I LEGAL AUTHORITY 1.1 Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the property that is the subject of the application to a Central Business District (CBD) zoning designation, after recordation of, and subject to the provisions of this Development Agreement. The ordinance will become effective after its passage, approval, and publication and the execution and recordation of this Development Agreement. ARTICLE II CONDITIONS OF DEVELOPMENT 2.1 The owner shall submit a Design Review application for the site (as required by the Eagle City Code) and shall comply with all conditions required by Eagle as a part of the Design Review prior to issuance of a certificate of occupancy. The applicant shall submit a master building design plan showing signage, common area, street trees, existing trees, pathways, buffer areas, perimeter fencing, etc. and general design criteria including composition, color, materials, and architectural themes in compliance with the Eagle Architecture and Site Design Book (EASD). The master plan shall be reviewed and approved by the Design Review Board prior to the issuance of any building permits for the site. 2.3 Eagle hereby acknowledges that the attached Site Plan (Exhibit "A" — date stamped by the City on February 18, 2005) represents an example of the Applicant's current concept for the site and understands and agrees that non -substantial changes in that concept will likely occur. To eliminate adverse effects on adiacent properties, the applicant shall install traffic calming devices within the parking lot to reduce the enticement for drivers to use the site as a cut - through access between First Street and Mission Drive. Eagle hereby acknowledges that the attached Building Elevation Plans (Exhibit "B" — date stamped by the City on January 5, 2005) represents an example of the Applicant's current concept for the structures and Page 2 of 7 K:1PIanuting Dcpt1Eagk App5cationsCPA120051CPA-1-05 & RZ-01.05 pz DA.doc understands and agrees that non -substantial changes in that concept will likely occur. The Applicant also understands and agrees that any changes regarding development of the site must be in conformance with the "Conditions of Development" stated herein. 2.4 The development shall comply with the Eagle City Code, as it exists in its final form at the time an application is made this development agreement is recorded and the conditions within this agreement shall be satisfied. 2.5 The site shall be limited to a maximum of thirteen (13) fifteen (15) dwelling units. Except for the limitations and allowances expressly set forth in this Agreement, the uses which are shown as permitted (P) shall be the only uses permitted and those uses shown as conditional (C) uses under the Central Business District zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations" shall require the approval eenditional use -permit not be permitted. 2.6 The Applicant shall submit a condominium plat for review and approval by the City prior to the issuance of a building permit. 2.7 The development shall remain under the control of one Owners Association. An outside maintenance contractor shall be hired by the Owner's Association to care for the common areas within the development. The association shall have the duty to ensure that all the common landscape and parking areas are maintained and operated in a competent and attractive manner (including the watering, mowing, fertilizing and caring for shrubs and trees). The applicant shall provide a copy of the CC&Rs for review by the City Attorney which define the guidelines for the contracting of an outside maintenance firm, prior to the issuance of any building permits. 2.8 The CC&Rs for the Owner's Association shall provide that the storage of any vehicles, whether they are automobiles, recreational vehicles and equipment, watercraft and the like shall only be stored off-site, and are prohibited from being parked or stored in the parking area. The applicant shall provide a copy of the CC&Rs for review and approval which includes a statement addressing the aforementioned restrictions, prior to the issuance of a building permit. 2.9 All living trees -that do net -encroach upon -the buildable area of the cite shall -be -preserved; d by the City Forester. A detailed landscape plan showing locations of existing trees (both to remain and to be removed) shall be submitted to the City for review. The applicant is required to show on the plan how the trees (if anv) will be integrated into the common areas (unless approved for removal by the City Forester and the Design Review Board) and shall provide the plan for Design Review Board approval prior to the issuance of a building permit. 2.10The Applicant ,hall remove all structures from the Property -prior to the -may adopting -art Page 3 of 7 K:1Plmuuug DeptlEugle Applicutious'CPA120051CPA-1-05 & RZ-01-05 pz DA.doc erdinance to rezone thc property to the CBD zoniig district. The applicant shall-ebtain a ele:nolitiowpermit fro - - : - . - . -- -- - - - -- • - . - ' conotruction on thc site. Upon the submittal of either a design review application for the site. or a demolition permit for the removal of the existing structures from the site. the City will commence with an ordinance to rezone the property to the CBD zoning district. ARTICLE III AFFIDAVIT OF PROPERTY OWNERS 3.1 An affidavit of all owners of the Property agreeing to submit the Property to this Development Agreement and to the provisions set forth in Idaho Code Section 67-6511A and Eagle City Code Section 8-10-1 shall be provided and is incorporated herein by reference. ARTICLE IV DEFAULT 4.1 In the event the Applicant fails to comply with the commitments set forth herein, within thirty (30) days of written notice of such failure from Eagle, Eagle shall have the right, without prejudice to any other rights or remedies, to cure such default or enjoin such violation and otherwise enforce the requirements contained in this Development Agreement or to terminate the Development Agreement following the process established in Eagle City Code Section 8-10-1. 4.2 If required to proceed in a court of law or equity to enforce any provision of this Development Agreement, Eagle shall be entitled to recover all direct out-of-pocket costs so incurred to cure or enjoin such default and to enforce the commitments contained in this Development Agreement, including attorneys' fees and court costs. ARTICLE V UNENFORCEABLE PROVISIONS 5.1 If any term, provision, commitment, or restriction of this Development Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this instrument shall terminate and the zoning of the property shall revert to the Residential -Four zoning designation unless the portion of this instrument determined to be invalid or unenforceable is re -negotiated in good faith between the Applicant (or other appropriate party) and Eagle as an amendment to the Development Agreement processed in accordance with the notice and hearing provisions of Idaho Code Section 67- 6509, as required by Eagle City Code Section 8-10-1. Page 4 of 7 K:1Plawting DcptlEagk ApplicationslCPA12005\CPA-I-05 & RZ-01-05 pz DA.doc ARTICLE VI ASSIGNMENT AND TRANSFER 6.1 After its execution, the Development Agreement shall be recorded in the office of the County Recorder at the expense of the Applicant. Each commitment and restriction on the development shall be a burden on the Property, shall be appurtenant to and for the benefit of the Property, adjacent property, and other residential property near the Property and shall run with the land. This Development Agreement shall be binding on the Applicant and owners, and their respective heirs, administrators, executors, agents, legal representatives, successors, and assigns; provided, however, that if all or any portion of the development is sold, the sellers shall thereupon be released and discharged from any and all obligations in connection with the property sold arising under this Agreement. The new owner of the Property or any portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be liable for all commitments and other obligations arising under this Agreement with respect to the Property or portion thereof. ARTICLE VII GENERAL MA t i nKKS 7.1 Amendments. Any alteration or change to this Development Agreement shall be made only after complying with the notice and hearing provisions of Idaho Code Section 67-6509, as required by Eagle City Code Section 8-10-1. 7.2 Paragraph Headings. This Development Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. Titles and captions are for convenience only and shall not constitute a portion of this Development Agreement. As used in this Development Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. 7.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws of the State of Idaho in effect at the time of the execution of this Development Agreement. Any action brought in connection with this Development Agreement shall be brought in a court of competent jurisdiction located in Ada County, Idaho. 7.4 Legal Representation. Both the Applicant and Eagle acknowledge that they each have been represented by legal counsel in negotiating this Development Agreement and that neither party shall have been deemed to have been the draftor of this agreement. 7.5 Notices. Any notice which a party may desire to give to another party must be in writing and may be given by personal delivery, by mailing the same by registered or certified mail, return receipt requested postage prepaid, or by Federal Express or other reputable overnight delivery Page 5 of 7 K:1Planning Dept\Eagk Applications'CPA12005\CPA-1-05 & RZ-01-05 pz DA.doc service, to the party to whom the notice is directed at the address of such party set forth below; Eagle: City of Eagle 310 E. State St. Eagle, Idaho 83616 Owner: Eagle Heights Baptist Church ("EHBC") 291 North lst Street Eagle, Idaho 83616 Or such other address and to such other persons as the parties may hereafter designate. Any such notice shall be deemed given upon receipt if by personal delivery, forty-eight (48) hours after deposit in the United States mail, if sent by mail pursuant to the foregoing, or twenty- four (24) hours after timely deposit with a reputable overnight delivery service. 7.6 Effective Date. This Development Agreement shall be effective after delivery to each of the parties hereto of a fully executed original of this Development Agreement. 7.7 Termination. This agreement terminates upon completion of Conditions of Development or after 7 -years after the Effective Date, whichever occurs first. IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this day of , 2005. A'FIEST: Sharon K. Bergmann, City Clerk CITY OF EAGLE, a municipal corporation organized and existing under the laws of the State of Idaho By: Nancy C. Merrill, Mayor By: (Owner's) Page 6 of 7 K:1Plannixtg DeptlEagk ApplicatiottslCPA120051CPA-1-05 & RZ-01.05 pz DA.doc STATE OF IDAHO ) : ss. County of Ada) On this day of , 2005, before the undersigned notary public in and for the said state, personally appeared NANCY C. MERRILL, known or identified to me to be the Mayor of the City of Eagle and the person who executed the foregoing instrument on behalf of said City and acknowledged to me that said City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. Notary Public for Idaho Residing at: My Commission Expires: STATE OF IDAHO ) : ss. County of Ada) On this day of , 2005, before the undersigned notary public in and for the said state, personally appeared , known or identified to me to be the owners of the property referenced herein. and the persons who executed the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. Notary Public for Idaho Residing at: My Commission Expires: Page 7 of 7 K:1Planniag Dept\Eagle App&ationslCPA120051CPA-1-05 & RZ-01-05 pz DA.doc DRAFT RESOLUTION NO. A RESOLUTION OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, ADOPTING A SUPPLY TRUNK LINE FEE (STL) PER EQUIVALENT RESIDENTIAL CUSTOMER (ERC) TO BE APPLIED IN THE CITY OF EAGLE SERVICE AREA; PROVIDING A SCHEDULE FOR PAYMENT DUE AT PRELIMINARY PLAT AND FINAL PLAT; ESTABLISHING A SUPPLY TRUNK LINE CREDIT PROVISION; PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Eagle, Idaho ("City") is a municipal corporation operating under the laws of the State of Idaho and is authorized to fix rates and charges and take such other actions incidental to the management and operation of a municipal water system pursuant to Title 50, Chapter 10, Idaho Code; and WHEREAS, the City intends to collect funds to develop a Water System consisting of supply wells, a trunk line system, and storage areas within the City of Eagle Water Service Area as set forth in the Master Plan which was amended in February 2005; and NOW, THEREFORE BE IT RESOLVED BY THE EAGLE CITY COUNCIL, Ada, Idaho, as follows: Section 1: The following schedule outlines the Supply Trunk Line Fee (STL) as applied per Equivalent Residential Customer (ERC) in the City of Eagle's Water Service Area: 1. STL Fee due at Preliminary Plat Stage by ERC $750.00 2. STL Fee due at Final Plat Stage by ERC . $750.00 3. Hook-up fees are still due upon issuance of building permits by builder....S850.00 TOTAL $2,350.00 Section 2: The following table provides for a scaled front end STL charge to be applied to applications of seventy (70) lot subdivisions or less, seventy (70) lot to five - hundred (500) lot subdivisions, and subdivisions of five -hundred lots or greater: Size of Application 70 Lot Subdivision or less Resolution, Page 1 Preliminary Plat $/Lot or ERC No scale applied, $ 750 Final Plat $/Lot or ERC No scale applied, $ 750 • ! " , .1 '1/ '5© to 500 Lot Subdivision Greater than 500 Lot Preliminary Plat $/Lot = $811.04 +(- 0.872 x lots) 25% of $ 1,500 $/Lot = $ 1,500 minus Preliminary Plat $/Lot 75% of $ 1,500 Section 3: Existing City rates and fees that are not in conflict with the rates and fees adopted by this Resolution shall remain in full force and effect. Section 4: This Resolution shall take effect immediately upon its passage and approval. DATED this _day of ATTEST: Sharon K. Bergmann, City Clerk Resolution, Page 2 , 2005. CITY OF EAGLE, IDAHO Nancy C. Merrill, Mayor