Minutes - 2005 - City Council - 05/10/2005 - Regular
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EAGLE CITY COUNCIL
Minutes
May 10, 2005
PRE-COUNCIL AGENDA: 5:30 p.m. - 7:30 p.m.
1. Discussion regarding new city hall building design. Hawkins-Smith.
Mayor introduces the issue.
Hawkins-Smith represented by: Robert Phillips, Doug Racine, John Lodman, and Craig
Hildebrand.
Doug Racine, BRS Architect, displays the floor plan. General discussion on the changes.
Discussion on the outside plan and materials. Discussion on the landscape plan.
City Attorney Buxton and Robert Phillips: Discussion on the lease agreements. Mike Moore
was pleasantly surprised at the reasonable of this development. We are waiting for some of the
Exhibits to be completed on the interior and exterior schedules. Discussion on the insurance.
Discussion on signage in the event the City would vacate the building at a future date.
Discussion on the Title Report. Discussion on the sewer easement.
A special meeting will be scheduled on Monday, May ]6,2005 at 5:30 p.m. in regards to the
lease agreement.
Further general discussion.
2. Ada County Highway District will provide training on impact fees and their procedure for
project selection.
Gary Inselman, Impact Fee Administrator, presents a power point presentation on impact fees
and discusses the same. General discussion.
ACHD is provide a report to the City Council on the total revenue contributed by the City in any
form including impact fees, property taxes and the total that has been spent in the City of Eagle
for the last five years.
Further general discussion.
REGULAR COUNCIL AGENDA: 7:30 p.m.
1. CALL TO ORDER: Mayor calls the meeting to order at 7:45 p.m.
2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. All present. A
quorum is present.
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENT: Mark Butler, I would like to take a new planner in my business.
Our new planner comes from ACHD. Mark introduces Lori Denhartog.
5. CONSENT AGENDA:
Consent Agenda items are considered to be routine and are acted on with on motion.
There will be no separate discussion on these items unless the Mayor, a Council member,
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
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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 April 26, 2005.
C. Alcohol license: Janice Darelli and Wm Carter, dba: Stuffed Olive, are requesting a
beer and wine license for on premises consumption. The license will be in use at 404 S.
Eagle Road Ste. A. Appropriate fees and documentation have been submitted. (SKB)
D. Open Container Permit: Idaho Timber Corporation is requesting an open container
permit to be used at Merrill Park on July 14,2005 from 5:00 p.m. to 9:00 p.m.
Appropriate fees and documentation have been submitted. (SKB)
E. Desi!!:n Review Board Re-appointment: The Mayor is requesting Council to
confirm the re-appointment of Mike Stanger to the Design Review Board. Mr. Stanger
will be serving a 3 year term. (NM)
F. DR-17-05 - Multi-tenant Office BoUdin!!: - Don Flynn: Don Flynn, represented by
James Gipson, is requesting design review approval to remove the existing 1 ,02 I-square
residential dwelling and to construct a 2,976-square foot multi-tenant office building. The
site is located on the east side ofPa]metto Avenue approximately 250-feet north of East
State Street at 52 North Palmetto Avenue (Lot 1, Block 1 ofFuerte de la Aguila
Subdivision).(WEV)
G. DR-19-05 - Common Area Landscapinl!: within Optimist Business Park - Jade
Limited Liability Company: Jade Limited Liability Company, represented by Phil Hull
with The Land Group, is requesting design review approval for common area landscaping
within Optimist Business Park. The site is located west of North Horseshoe Bend Road
and east of State Highway 55 approximately 400-feet south of Hill Road at 9555 North
Horseshoe Bend Road. (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 appro va] 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 of 2nd Street at 350 East State Street.
(WEV)
I. Noise Ordinance exemption: Eagle Rodeo Inc. is requesting an exemption to the
noise ordinance as allowed in Eagle City Code 4-9-6 (D) for June 9-11 extending the time
from 10:00 p.m. to midnight. (SKB)
J. Open Container permit: The Eagle Volunteer Firefighters Association is requesting
an open container permit to be used at Merrill Park on June 11, 2005 from 3 :00 p.m. until
11 :00 p.m. They have submitted the fees and documentation. (SKB)
Sedlacek moves to remove Items #5B and 5" from the Consent Agenda. Seconded by
Bastian. ALL AYES: MOTION CARRIES...................
Sedlacek moves to approve the Consent Agenda as amended. Seconded by Bastian.
Bastian: A YEj Sedlacek: AYE; Guerber: AYE; Nordstrom: AYE: ALL A YES: MOTION
CARRIES.......... ...........
5B. Minutes of April 26. 2005
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Sedlacek: I removed the minutes so clarification can be made on Page 3, Bastian's Motion to
add the Idaho Power Agreement to the Consent Agenda. This agreement was in regards to the
distribution and transmission lines and franchise fees and this should be clarified in the minutes.
General discussion.
Sedlacek moves to approve the Minutes of April 26, 2005 as corrected. Seconded by
Guerber. ALL A YES: MOTION CARRIES....................
H. Findine:s of Fact and Conclusions of Law for DR-44-02 MOD - Multi Phased Project
for Eae:Ie First Baptist Church - Eae:le First Baptist Church: The Eagle First Baptist
Church, represented by Joann But]er with Spink But]er, LLC, is requesting design review
approval for the removal of site specific conditions of approval number] 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)
Discussion on change on Page 11 of 15.
Zoning Administrator Vaughan: We are requesting that this item be continued to the May 24,
2005 City Council meeting.
Sedlacek moves to continue Findings of Fact and Conclusions of Law for DR-44-02 MOD-
Multi Phased Project for Eagle First Baptist Church - Eagle First Baptist Church to the
May 24, 2005 City Council meeting. Seconded by Nordstrom. ALL A YES: MOTION
CARRIES..................... .....
6. PROCLAMATIONS & RESOLUTIONS:
A. A proclamation declarine: Saturday May 14.2005 Letter Carriers Food Drive Day.
(NM)
Mayor introduces the issue.
Bastian moves to approve the Proclamation declaring Saturday May 14,2005 Letter
Carriers Food Drive Day. Seconded by Nordstrom. ALL A YES: MOTION
CARRIES......... ...........
B. A proclamation declarine: May 2005 Motorcycle Awareness Month. (NM)
Mayor introduces the issue.
Nordstrom moves to approve the Proclamation declaring May 2005 Motorcycle Awareness
Month and authorize the Mayor to sign on behalf of the City. Seconded by Guerber.
ALL AYES: MOTION CARRIES.................
Sedlacek moves to add to the Agenda as Item 6c. Resolution No. 05-09 - A resolution
concerning the creation, operation and activities of Blueprint for Good Growth, Inc.
Seconded by Bastian. ALL AYES: MOTION CARRIES.................
C. Resolution No. 05-09 - A resolution concernine: the creation. operation and activities of
Blueprint for Good Growth. Inc. (NM)
Mayor introduces the issue.
General discussion.
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Bastian: Reads into the record Article I-IV of the Articles of Incorporation of Blueprint for Good
Growth, Inc.
Bastian moves to approve Resolution No. 05-09. Seconded by Sedlacek. ALL A YES:
MOTION CARRIES...............
7. NEW BUSINESS:
A. Presentation of the results ofthe parks public opinion survey. Greg Smith
Mayor introduces the issue.
Greg Smith, provides Council an overview of the survey and the creation of the questions and the
development of the answers to the survey.
General discussion on the opinion survey.
B. Review and action on bid for installation of Maxicom system at Eae:le Sports Complex:
Mick McCurry and Tal Trautman.
Mayor introduces the issue.
Tal Trautman: I'm here to answer any questions that you have in regards to the Maxicom
system.
Mayor: I think our main concern is installing the Maxicom system at the Eagle Sports Complex.
Tal Trautman: Discusses the usage between last year and this year because of the weather.
Provides Council an overview on how the Maxicom runs and adjusts itself according to the
weather from the day before. General discussion.
Discussion on installation of the telephone line at the Eagle Sports Complex to run Maxicom.
Discussion on the possible over watering on the West side ofthe City Hall Building.
Bastian moves to approve a contract with Trautman Lawn and Landscape to install
Maxicom at the Eagle Sports Complex not to exceed $2,550.00, the installation as stated in
the proposal is $3,750.00 but this motion takes into consideration the credit from Silver
Creek in the approximate amount of $1,200.00. Seconded by Nordstrom. Bastian: AYE;
Sedlacek: AYE; Guerber: AYE; Nordstrom: AYE: ALL A YES: MOTION
CARRIES......... .........
C. Discussion of water meetine:. (LS & NM)
Mayor introduces the issue.
Sedlacek: on Thursday, at 10:00 a.m., May 12th there is going to be a meeting here at City Hall
to discuss all of our water issues. The Mayor, Mick, Vern Brewer, Holladay Engineering and the
City Clerk will be at the meeting.
Vern Brewer, Holladay Engineering, we will be discussing at the meeting the water system
revenues, how to pay for additional systems, fees in general as it pertains to growth, and certain
areas of expansion. We are trying to get direction from the Council. General discussion.
D. Ordinance No. 492 (Svmphonv Subdivision): An Ordinance Changing The Zoning
Classification Of The Real Property Described Herein From A-R (Agricultural-Residential)
Classification To MU-DA (Mixed Use With Development Agreement) Classification; Amending
The Zoning Map Of The City Of Eagle To Reflect Said Change; And Providing An Effective
Date. (WEV)
Mayor introduces the issue.
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General discussion.
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 #492 be considered after being read once by title only. Bastian reads Ordinance
#492 by title only. Seconded by Guerber. ALL AYE: MOTION CARRIES.................
Bastian moves that Ordinance #492 be adopted. Seconded by Guerber. Bastian: A YEj
Sedlacek: AYE; Guerber: AYE: Nordstrom: AYE: ALL AYE: MOTION
CARRIES................................ ...
E. Ordinance No. 515 (lncreasine: the number of Arts Commission members): An
Ordinance Of The City Of Eagle, Idaho, A Municipal Corporation Of The State OfIdaho,
Amending Title 2, Chapter 6 Section 2 Of The Eagle City Code By Increasing The Number Of
Members On The Eagle Arts Commission From Five (5) To Seven (7); And Providing An
Effective Date. (SKB)
Mayor introduces the issue.
General discussion.
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 #515 be considered after being read once by title only. Bastian reads Ordinance
#515 by title only. Seconded by Sedlacek. ALL AYE: MOTION CARRIES.................
Bastian moves that Ordinance #515 be adopted. Seconded by Sedlacek. Bastian: AYE;
Sedlacek: AYE; Guerber: AYE: Nordstrom: AYE: ALL AYE: MOTION
CARRIES................ ...................
F. Ordinance No. 517 (Adoption of water services development map): An Ordinance Of The
City Of Eagle, Ada County, Idaho, Amending Title 6, Chapter 5, Of The Eagle City Code,
Amending Section 6-5-3, Providing A Water Service Area Map For The Distribution Of Water
By The City Of Eagle Municipal Water System And Establishing An Effective Date.(WEV)
Mayor introduces the issue.
General discussion.
Bastian moves, pursuant to Idaho Code, Section 50-902, that the rule requiring Ordinånces
to be read on three different days with one reading to be in full be dispensed with, and that
Ordinance #517 be considered after being read once by title only. Bastian reads Ordinance
#517 by title only. Seconded by Sedlacek. ALL AYE: MOTION CARRIES.................
Bastian moves that Ordinance #517 be adopted. Seconded by Sedlacek. Bastian: AYE;
Sedlacek: AYE; Guerber: AYE: Nordstrom: AYE: ALL AYE: MOTION CARRIES......
G. SunCor ID application for water: (NM)
Mayor introduces the issue.
Vern Brewer, Holladay Engineering, provides Council an overview of the Suncor application.
The distance between the wells and the City wells, both applied for and planned, is about seven
miles, they are not in the direct hydraulic connection. A seven mile difference is a significant
difference. Therefore, from our geologic assessment of the application, there does not appear to
be any potential for interference with our plans, our service area and wells at this time. General
discussion.
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Council concurs that the City of Eagle should not pursue protesting this water application.
Further general discussion on the Suncor development.
Bruce Smith, City Attorney: Discusses the Suncor water application and the water company that
Suncor is developing. General discussion.
Sedlacek moves based on the discussion here tonight and the input from both of our legal
counsel and engineering counsel that the City of Eagle not file a protest for Application 63-
32061 for SunCor ID. Seconded by Bastian. ALL A YESj MOTION CARRIES............
H. Treasure Valley Clean Cities Coalition: (NM)
Mayor introduces the issue and provides Council an overview of the Coalition.
General discussion.
Guerber moves to approve the Memorandum and the Mayor be authorized to sign the
Memorandum of Understanding of the Treasure Valley Clean Cities Coalition as
presented. Seconded by Nordstrom. Discussion. ALL A YES: MOTION CARRIES......
8. FINAL PLATS:
A. FP-4-05 - Final Plat for Westover Lakes Subdivision - Nae:y Sprine:creek LLC: Nagy
Springcreek LLC, represented by Land Consultants Inc., is requesting final plat approval for
Westover Lakes Subdivision, a 32-1ot (26-buildable, 6-common) residential subdivision. The
26.18-acre site is located west of Eagle Road, at 2267 South Eagle Road. (WEV)
Mayor introduces the issue.
Zoning Administrator Vaughan: Displays overheads of the final plat and provides Council an
overview. The Planning Staff and the City Engineer have reviewed the final plat and recommend
approval. General discussion.
Don Knickrehm: discusses the flood way and flood plain. General discussion.
Further discussion on the flood way and flood plain. All of the buildings will meet the City of
Eagle ordinances for development in the floodway and the flood plain. This is in substantial
compliance with the preliminary plat. General discussion.
Nordstrom moves to approve FP-4-05 - Final Plat for Westover Lakes Subdivision - Nagy
Springcreek LLC as submitted with all staff recommendations. Seconded by Guerber.
ALL AYES: MOTION CARRIES..................
B. CP-2-05 -De Shazo Office Condominium Plat - Eae:le Water Company Inc.: Eagle
Water Company, Inc., represented by Tealey's Land Surveying., is requesting approval for a 7-
unit condominium plat for De Shazo Office Condominium(aka Jackson's Square). The site is
located at 172 East State Street. (WEV)
Mayor introduces the issue.
Zoning Administrator Vaughan: Provides Council an overview of the application. Staff has
recommended approval. General discussion.
Bastian moves to approve CP-2-05 -De Shazo Office Condominium Plat - Eagle Water
Company Inc. with the recommendations of staff and modify #5 to state that the CC&R's
shall contain an agreement concerning the maintenance and upkeep of the condominium
complex to be approved by staff and one member of City Council. Seconded by Sedlacek.
ALL AYES: MOTION CARRIES..................
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Mayor calls a recess at 9:25 p.m.
Mayor reconvenes the meeting at 9:40 p.m.
9. PUBLIC HEARINGS:
A. PP-3-05 Lakemoor Subdivision BW Eae: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 IOOO-feet north of Chin den Boulevard. This item was continuedfrom the
April 26, 2005 meeting. (WEV)
Mayor introduces the issue.
Dan Torfin, representing BW Eagle, I'm pleased to present Lakemoor. It has been about two
years since we were approved. We have signed a Development Agreement. We have worked
out an agreement with the Laguna Pointe people. A couple of changes from the concept plan.
We are providing a stub street to Laguna Pointe so they will have access to the signal. We have
expanded one of the lakes. We have received approval from ACHD. We are working with the
Eagle Sewer District. We have secured permits from ITD for both of the access points on Eagle
Road. We have been approved for a signal which we are designing with our first phase. The
Chinden Road permit is still pending. This access point has been denied but we are having
further discussion. We are requesting private streets. We feel the private streets are a necessary
to this development. This is an upper end development. Discussion on the gated areas. We feel
the private streets are a necessity because of the proposed park. Discussion on the parking issues
at Simplot Sports Complex and the signage that is necessary to prevent parking on the streets.
Once we have all of our approvals we will move ahead with our final design. I believe there is a
provision in the Development Agreement where the City can ask for a temporary road to be
developed. Review of the Development Agreement. General discussion.
Dennis Baker, developer of Lakemoor, I've been talking about what this is going to become and I
would like to tell Council that for Eagle, Treasurer Valley and the State ofIdaho this will be the
highest quality of a mixed use development.
Dan Torfin, distributes a list of the requested revisions.
Mayor swears in Steve Bradbury.
Steve Bradbury, attorney for BW Eagle, and Bill Vaughan, City Zoning Administrator, go
through the Proposed Revisions to Conditions of Approval. General discussion.
Mayor opens the Public Hearing
Mayor swears in James Liley.
James Liley, 3410 E. Chinden Blvd, I live on Chinden overlooking this project. I think this is a
nice development. My concern is that there is no mention of buffering my residential area from
the commercial development. I have property that drops down below the hill where my well is.
Discussion on access to his well. The Oregon Trail goes along the foot of the hill and I'm
wondering if someone has done something on this. General discussion.
Mayor swears in William F. Martin.
William F. Martin, we have gone from adversary to advocate. We are very supportive of what
they are doing. We are concerned about the height of buildings in the areas closet to my
property. I'm also concerned about the traffic and access on Chinden Road. I don't know how
you screen 30 feet above this project. My concern is also sewer. General discussion.
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Dan Torfin: Discusses the sewer situation. We have sewer stubs that could connect these
properties. The height restriction is 35'. We won't have mechanical units on top of the
buildings. There was a letter in regards to the Oregon Trail and we can do some signage. We
will be glad to work the Director on this issue. Discussion on the proposed Chinden Road
access. Discussion on buffering for the rim properties. Discussion on phasing of the project.
We should start some construction late this fall and home construction next spring.
Dennis Baker, there is a major tree line along the bluff area. We would like to accommodate for
additional landscaping in this area but not on other private property. Discussion on the road to
the Park site. We would like to work hand in hand to make the park happen and to have access to
the Park. General discussion. Discussion on Mr. Liley's access to his well.
James Liley, I have a right of way road for access to my well.
Mayor closes the Public Hearing
General discussion.
Sedlacek moves to approve PP-3-05 Lakemoor Subdivision BW Eagle, LLC with the
Standard and Site Specific Conditions of Approval as modified by the Applicant's
Proposed Revisions To Conditions of Approval. I would like to add condition #50: that
only 2 private access gates are allowed into the residential areas; condition #51: that the
landscape buffering on the south boundary be appropriate and sufficient enough to meet
the approval of Design Review. Seconded by Guerber. Discussion.
Bastian amends the motion to modify Site Specific #8 - that the minimum width of the
residential streets in the high density area be 28' and that 36' be the width of the roads in
the remaining residential areas. Seconded by Sedlacek. Discussion. ALL A YES: MOTION
CARRIES........... .
Call for the question on the original Motion: ALL A YES: MOTION CARRIES ON THE
ORIGINAL MOTION.
I B. Ordinance No. 514: An Ordinance In Accordance With Idaho Code 50-328, 50-329 And 50- .
329a, Title 6, Chapter 6 Of The Eagle City Code, And Ordinance No. 349, Adopted On July 13,
1999, Amending Ordinance No. 349 To Modify The Procedure For Increasing Franchise Fees;
And Providing For Payment Therefore; And Specifying Other Limitations, Terms And
Conditions Governing The Exercise Of The Franchise, And Providing An Effective Date. (SKB)
Mayor introduces the issue.
On April 26, 2005 Council Member Nordstrom did the first reading of Ordinance No. 514,
seconded by Council Member Guerber.
Mayor opens the Public Hearing
City Attorney Buxton: this would be second reading of Ordinance No. 514. Discusses the
provisions in the ordinance. Discusses the change to the proposed ordinance on Section 5.
Mayor closes the Public Hearing
Bastian moves to include the language in Section 5 as suggested by Legal Counsel tonight.
Seconded by Sedlacek. ALL A YES: MOTION CARRIES.......................
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 #514 be considered after being read once by title only. Bastian reads Ordinance
#514 by title only. Seconded by Guerber. ALL AYE: MOTION CARRIES.................
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Bastian moves that Ordinance #514 be adopted. Seconded by
Bastian: AYE; Sedlacek: AYE; Guerber: AYE: Nordstrom: AYE: ALL AYE: MOTION
CARRIES.............................. .....
10. UNFINISHED BUSINESS:
A. Hawkins-Smith: Lease ae:reement for new City Hall. This item was continuedfrom the
April 26. 2005 meeting. (SEB)
Mayor introduces the issue.
Guerber moves to continue this item Monday, the 16th of May, 2005.
ALL AYES: MOTION CARRIES.....................
11. EXECUTIVE SESSION:
Seconded by Bastian.
A. Pending or threatened litigation: I.C. §67-2345(f)
Bastian moves to go into Executive Session for the discussion on pending or threatened
litigation. Seconded by Nordstrom. Bastian: AYE; Sedlacek: AYE; Guerber: AYE:
Nordstrom: AYE: ALL AYE: MOTION CARRIES...................................
Council discusses pending or threatened litigation.
Council leaves Executive Session at 11 :55 p.m.
12. REPORTS:
City Engineer Report: No report
Mayor and Council's RepOrt:
Nordstrom: Reports on the Sewer District Board Meeting.
General discussion on the Legacy Development.
Discussion on attorney's participation in the water issues reported on at tonight's meeting.
Guerber: No report
Bastian: I met with the Library Board last night. We have the largest circulation per person of
any library within the State ofIdaho. Reports on the strategic plan for the library. The Strategic
Plan will be discussed at the June 14,2005 City Council meeting. I have a Design Review
meeting on Thursday. Reports on the accident on Highway 55.
Sedlacek: Reports on the meeting with the seniors. The seniors are wondering about the
Computer Lab. The seniors are wondering if they are going to get the city hall space when the
City moves into the new city hall.
Mayor: I would like to have a dual use of the city hall space. Let the seniors use it during the
day and kids to use after school. Discussion on getting rid of the trailer and adding parking to the
West side of City Hall. This could be a community center. Discussion.
Sedlacek: The seniors are struggling with money. The van takes a lot of money.
Mayor: Discussion on the Mayor's Youth Committee. Discussion on the youth Court.
I met with the Legacy Group and the property owners in the area. It went really well. General
discussion. The next night we had a water meeting with Chris Duncan, Holladay Engineering,
and property owners.
Discussion on the water protests.
I've left you some information on turf that has been used in Arizona and Nevada. This is
supposed to be drought tolerant.
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Discussion on having a water meeting to bring all of the professionals together to answer the
public's questions.
Reports on the Committee of Nine.
Discussion on Ada County's Public Information Request.
I'm going to be gone on the May 24, 2005 City Council meeting.
City Clerk/Treasurer Report: I have provided you a plan for the proposed security/alarm system
for the new city hall. Let me know if you have any questions or revisions. Council concurs that
the proposed plan looks adequate.
AIC Annual Conference early registration is May 27, 2005. Mayor and Council Member
Guerber are going to attend.
There will be joint meeting on May 31, 2005 to start at 6:30 p.m.
I have given each of you a new City pin. You can get more pins in the Clerk's Office.
Be thinking about a budget workshop the end of June. Last year we had these workshops before
the regular meetings.
The City will be getting $19,000.00 grant money from Homeland Security. Some of the money
will be used for the Lexington Hills well house. Mick and I discussed using the balance of the
funds for the security/alarm system at the new city hall. Council concurs.
City Attorney Report: We are going to be publishing a public hearing notice for the purchase of
the Park n' Ride Lot by ACHD. There will also be an ordinance.
Discussion on the draft letter to Idaho Concrete.
Zoning Administrator's Report: Discussion on the duties of the Planning & Zoning staff.
Discussion on a foothills plan.
13. ADJOURNMENT:
Guerber moves to adjourn. Seconded by Nordstrom. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 1 :00 a.m.
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Impact Fee Statute
♦ Idaho Code Title 67, Chapter 82 provides
ACHD Board of Commissioners the
authority to adopt ordinances and to
impose Development Impact Fees
Definition
• Impact Fee:
A payment of money imposed as a
condition of Development approval to
pay for a proportionate share of the
cost of system improvements needed
to serve development (Reference Idaho Code
Section 67-8203(9))
History of ACHD Impact Fees
• First ACHD Impact Fee Ordinance #184
• Adopted September 26, 1991
♦ Effective April 15, 1992
ACHD Impact Fee
Ordinance #200
♦ Ordinance #200 adopted by ACHD
Commission October 6, 2004.
Capital Improvement Plan (CIP)
♦ State Statute requires
- CIP Based Methodology for Impact Fee
Ordinances
♦ CIP Based Methodology
- Ties collection and distribution of Impact Fees
to specific projects listed in the CIP and the
cost of those projects
♦ ACHD Impact Fee Ordinance requires the
CIP be updated at least every 3 years
CIP Requirements
♦ General description existing system
♦ Commitment to use other revenue sources to cure existing
deficiencies
♦ Analysis of existing capacity
♦ Description of land use assumptions
♦ Description of system improvements and costs necessitated
by and attributable to new development
♦ Projected demand for system improvements J
♦ Funding sources available
♦ Schedule to complete projects identified in capital
improvement plan
Selection of Projects in CIP
♦ Projected growth over next 20 years
- Updates at 3 year intervals allows ACHD to adapt to
changing growth patterns
♦ Comprehensive plans and Long Range
Transportation plan
♦ Demand - number of new trips and Vehicle Miles
Traveled (VMT) over next 20 years
♦ Volume/capacity, Level of Service "D"
♦ Compass Regional Travel Demand Mode
Intersection Analysis, Other studies
♦ Projects identified to serve growth over next 20
years
Project Cost Estimates
♦ Estimates include
- Design
- Right -of -Way (ROW)
- Construction
♦ Cost estimates relate directly to impact fee rate
Impact Fee Eligible Costs
♦ Only a portion of project costs are impact fee eligible
♦ Eligible
- Widening for capacity expansion
- ROW
- Curb & Gutter
- Storm Drain for roadway project
- Signals necessary for system
- Design and Const. Engineering by % Project Eligible
♦ Not Eligible
- Sidewalks / Bike Lanes
- Landscaping
- Rebuilding existing roadway
- Widening for additional capacity beyond that necessary
to serve growth
- Storm Drain for runoff beyond roadway project
- Utility extensions
- Signals to serve development
Current CIP
Impact Fee Eligible Costs
♦ Total CIP Project Costs = $354,400,000
♦ Impact Fee Eligible Costs = $166,587,000
♦ Average CIP impact fee eligibility = 47%
♦ ACHD has committed to paying 10% of impact
fee eligible expenses from property taxes
- Creates property tax credit
♦ True CIP impact fee eligibility = 42% of CIP
Project Costs
- General Fund pays 58% of CIP Project Costs
From CIP to Impact Fees
♦ Total CIP Impact Fee eligible expenses
♦ Divided by total new Vehicle Miles
Traveled (VMT) projected for next 20
years from Compass Model
♦ Yields VMT Cost
- This factor in the Impact Fee formula links
impact fees to CIP costs by Service Area
Sample Calculations
Service Area 4 (NE)
Peak Hour x Trip x Network x New Trip x VMT = Impact
Trip Rate Length Factor Factor Cost Fee Rate
Single Family Residence
0.505 x 6.12 x .402 x 1.00 x $954 = $1185
(a+b)2=a2+2ab+
•:• Pharmacy with Drive Thru
4.310 x 1.53 x .402 x 0.51 x $954 = $1290 / 1,000 GSF
•:• Note: average trip length reduced for neighborhood
uses such as bank, restaurant, convenience market,
public park, and others
Use of Impact Fee Funds
♦ Statute prohibits the use of funds for any
other purpose than system improvements to
serve growth
♦ Impact Fee funds can be spent only on arterial
roadway projects listed in the CIP
♦ Impact Fee funds may only be spent on
projects within the Service Area in which they
are collected
Service Areas
• There are four Service Areas
- #1- Northwest
- #2- Southwest
- #3- Southeast
- #4- Northeast
w
NE
(4)
IMPACT FEE SERVICE AREAS
ORDINANCE 200
EFFECTIVE:
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• Impact Fee Rates vary by Service Area
• VMT Cost determined for each Service Area
IMPACT FEE SERVICE AREAS
NE
(4)
ORDINANCE 200
EFFECTIVE:
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LEGEND
QImpact Fee Service Areas
Areas of impact
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CIP Projects in Eagle Area
• Three Cities River Crossing
- Connection to SH -20
♦ SH -16 River Crossing
♦ Intersections/Signals:
- SH -55 and Hill Road
- Horseshoe Bend Road and Hill Road
- SH -20 and Linder Road
STATE HIGHWAY 16
•
LEGEND
Eagle City Limits
Eagle Area of Impact
AIP Roadway Projects
OIntersection Projects
STATE HWY 44
LINDER ROAD
CIP Projects
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All ACHD Projects in Eagle Area
LEGEND
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A Bridge Projects
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CIP Projects in NW and NE
Service Areas
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STATE HWY 44
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CIP PROJECTS_:��
Intersection
•m• Road
Loans
♦ Resolution #723 authorizes the ACHD Board of
Commissioners to loan general funds to the service
area if the service area does not have sufficient
balances to pay all of the system improvement costs in
the service area
♦ Loans to impact fee program allow projects to be
constructed as scheduled and not be delayed until
collections equal eligible expenses
♦ Current Service Area Balances (3-31-05)
- 1 -NW: ($11,477)
- 4 -NE: $1,130,000
♦ Budgeted expenses FY 2004-2005
- 1 -NW: $3,030,000
- 4 -NE: $4,454,000
Impact Fee Collections in Eagle
• 2004
$765,000
• 2005
(through 3-31-05
$423,000
Future
• Update to CIP scheduled to begin July
2005
♦ Target Dates
- New CIP adopted July 2006
- New Impact Fee Ordinance adopted August
2006, effective Oct. 1, 2006
CC ,S'/i%S
APPLICANT'S PROPOSED REVISIONS TO CONDITIONS OF APPROVAL
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all site specific conditions of the City's Engineering firm (Holladay
Engineering), except that Nos. 5 and 6 shall be deleted,
Reason: No. 5 (having to do with water rights) is covered in Standard Condition of
Approval No. 31 and No. 6 is addressed in Site Specific Condition of Approval
No. 23.
2. Comply with all requirements of the development agreement for this site dated August 13,
2005, between the City of Eagle and BW Eagle, Inc., except as modified by Site Specific
Condition No. 35.
Reason: Site Specific Condition No. 35 allows additional commercial development not
anticipated when the Development Agreement was made.
3. Comply with all requirements of CPA -4-02, A-3-02 and RZ-5-02 except as modified by Site
Specific Condition No. 35,
Reason: Site Specific Condition No. 35 permits additional commercial development
which was not anticipated at the time of approval of the Comprehensive Plan
Amendment, Annexation and Rezone.
4. A Flood Plain Development Permit application shall be submitted to and approved by the
City prior to the City approving a final plat.
5. All new construction and substantial improvement of any residential structure in the 100 year
in shall have the finish floor elevation of the lowest floor elevated to a minimum of two
feet (2') above the base flood elevation
Reason: The minimum elevation requirements are only required in the 100 year flood plain.
6. Comply with all conditions of the Idaho Transportation Department with regard to access to
Eagle Road, pursuant to ITD Permit #3-03-250.
7. As noted in the Idaho Transportation Department letter of March 4, 2005, the proposed
access to Chinden Boulevard was denied. Unless this decision is reversed, the applicant
shall construct an ACHD approved turnaround at the southern end of Lakemoor Parkway.
The remaining land area (where the proposed right-of-way was to be located) shall be
landscaped and a pathway between the turnaround and the sidewalk adjacent to Chinden
Boulevard shall be constructed. Anv development of the area near the turnaround is to be in
accordance with the conditions of the development agreement dated August 13, 2005,
between the City of Eagle and BW Eagle, Inc.
8. If private streets are approved by the City Council, provide a note on the plat and within the
Property Owner Association CC&Rs that states there shall be no parking allowed within
those private roadways that are less than 36 -feet wide. The applicant shall install "No
Parking" and "Fire Lane" signs in accordance with any requirements of the Eagle Fire
Department. The signs shall be posted prior to the issuance of any building permits.
Applicant's Proposed Revisions to Conditions of Approval
Page 1 of 11
5/10/2005
9. If private streets are approved by the City Council, provide a note on the plat and within the
Property Owner Association CC&Rs that states that each lot owner that abuts the private
roadways has the perpetual right of ingress and egress over the private roadways, and that the
perpetual right shall run with the land.
10. If private streets are approved by the City Council, provide a copy of the Property Owner
Association CC&Rs providing a plan and schedule for the future repair and maintenance of
the private roadways. The CC&Rs shall be reviewed and approved by the City Engineer
prior to the City Clerk signing the final plat.
11. If private streets are approved by the City Council, provide a note on the plat that states that
the restrictive covenant for maintenance of the private roadways cannot be modified and the
Property Owner's association cannot be dissolved without the express consent of the City.
12. If private streets are approved by the City Council, the applicant shall submit payment in the
amount of $3,060.00 based upon $400.00 (base fee) plus 0.38 cents per lineal foot
(approximately 7,000 -lineal feet of private roads, proposed within the subdivision) prior to,
or along with, the submittal of the final plat application.
13. The applicant shall construct intermediate turnarounds or "knuckles" located at certain
locations which comply with the maximum required cul-de-sac length unless the Eagle City
Council and the Eagle Fire Department determines that the cul-de-sacs named East Three
Bridges Lane and East Waterpoint Place are permitted to be constructed with a length greater
than 500 -feet. (Note: The City received a letter from the Eagle Fire Department on April 4,
2005, stating they had no objection to the cul-de-sacs exceeding 500 -feet in length.)
14. The applicant shall work with the developer of the Laguna Point Subdivision to ensure that
the proposed street connecting the two developments will be correctly aligned.
15. All street names shall comply with the requirements of the Ada County Street Naming
Committee.
16. Comply with all conditions of the Chevron Pipeline Company, contained in the company's
letter of July 22.2003.
Reason: The applicant should only be required to comply with conditions which have
been specifically stated
17. Comply with all conditions of the letter of March 1, 2005, from Ringed and Clark
representing Drainage District #4.
18. If a sewer lift station is required by the Eagle Sewer District, the lift station shall be screened
from view from adjacent residences as well as passing pedestrians and motorists. Building
materials proposed for the station enclosure and planting details for screening the structure
shall be submitted for review and approval by the Design Review Board prior to the
submittal of a final plat.
19. Place a note on the final plat which identifies all the common lots by Lot and Block
designation, and which states that said common lots, as well as any common areas, are to be
owned and maintained by the Property Owner's Association. The entire Lakemoor
Subdivision shall remain under the control of one two associations (and sub -associations) of
lot owners one for the residential portions of the development project and one for the
Applicant's Proposed Revisions to Conditions of Approval
Page 2 of 11
5/10/2005
commercial portions of the project. CC&Rs for the=bakenteer=Prepeft=y each Owner's
Association shall provide that the association has the duty to maintain all of the common
landscape areas (including landscaping within rights-of-way for Eagle Road and landscape
strips between the sidewalk and curb abutting the internal drive aisles) in the subdivision in a
competent and attractive manner, including the watering, mowing, fertilizing and caring for
shrubs and trees. The applicant shall place a note on the final plat that all common lots are to
be owned and maintained by the rapt ). applicable Owner's Association. The
applicant shall provide a copy of the CC&Rs for review and approval prior to the City
approving the final plat.
Reason: The applicant should be permitted to create an association of residential owners
separate from the association of commercial owners since the issues relevant to
each will be different. So long as all common areas are assigned to an
association for ownership and maintenance, it should not matter that there is
more than one association.
20. Construct an access road to the park site (Area J) in accordance with the provisions of Article
3.19 of the recorded development agreement between the applicant and the City of Eagle,
dated August 13, 2003.
21. Five-foot (5') wide concrete sidewalks shall be constructed on both sides of all roadways
(and main drive aisles in the commercial area) within the development.
22. All gravel material extracted from the creation of site features (ponds) shall be used on-site.
Excavation may result in an overburden of material that cannot be used on site. Removal of
any overburden from the site shall be permitted to occur; the sale of gravel materials directly
from the site shall be prohibited.
23. The applicant shall provide documentation stating that all requirements of the Army Corp of
Engineers (including items such as a 404 permit) and the Idaho Department of Lands have
been complied with, or are conditions of compliance, regarding any pond or wetland
alteration and/or related items, prior to construction occurring in any wetland or other area
under the jurisdiction of the aforementioned agencies.
24. The applicant shall construct a meandering six foot (6') wide (minimum) concrete sidewalk
within the one hundred -foot (100') wide landscape common area (not including right-of-
way) along the portion of the property adjacent to Eagle Road. The sequencing of the
construction of a sidewalk connecting the sidewalk required herein to the existing sidewalk
located along Eagle Road approximately three hundred feet (300') south of the southwest
comer of the property will should be domed follow' of tho
. a collaborative effort with
•
the Idaho Transportation Department in coniunction with the improvements proposed on
Eagle Road as noted in the Final Report for the Eagle Road Corridor Study. The City of
Eagle will provide a supportive role in facilitating the construction of the sidewalk.
25. Show on the final plat that all carriage home lots (Area A) to be a minimum of 5,000 -square
feet in size.
26. Minimum building setbacks, lot sizes and lot widths shall be as stated within the "Site Data"
section "H" noted above.
27. Show on the final plat a revised lot configuration for Lot 33, Block 2, to include a common
Applicant 's Proposed Revisions to Conditions of Approval
Page 3 of 11
5/10/2005
lot along Bridge Point Lane abutting the westerly property line of the lot.
28. Show on the final plat a revised lot configuration for Lot 7, Block 8, which provides access
to East Three Bridges Lane.
29. Additional specific criteria required for Area A (Carriage Homes) are as follows:
a. No portion of the building in the garage area shall be less than 18 -feet from the back
of sidewalk (soffits may extend no more than 2 -feet from the building face). This is
to allow sufficient room for a vehicle to park in front of the garage without blocking
the sidewalk.
b. Upon review of final development plans the City may encourage that dwelling units
be designed with side entry garages.
c. Common walls between attached units shall be insulated to mitigate transfer of noise
between the units. The insulation method shall be reviewed and approved by the City
Building Official prior to approval of the final development plan.
30. Any new overhead utilities serving the site shall be located underground.
Reason: The applicant is willing to put all new utilities underground.
31. Add a note to the final plat delineating rear utility easement widths to be a minimum of 12 -
feet wide.
32. The applicant shall provide and construct, in accordance with the provisions of Eagle City
Code Section 9-4-1-6 a minimum ten (10) foot wide asphalt public pathway in a landscaped
strip located within the Chevron Pipeline easement, the design and landscaping for which
shall be reviewed and approved by the Eagle Design Review Board prior to the submittal of
the final plat application(s) wherein the pathway is located. The asphalt pathway, but not the
landscaped areas, shall be located in an easement or easements which shall be dedicated to
and accepted by Eagle as provided in Eagle City Code Section 9-4-1-6:E.2, upon recordation
of the final plat(s) wherein the pathway is located.
33. In accordance with the site plan date stamped by the City on and approved by the Parks and
Pathway Development Committee, the applicant shall construct a 10 -foot wide concrete
pathway from the northern end of the Chevron Pipeline easement to travel along Lakemoor
Parkway and then connect to the 6 -foot wide concrete sidewalk to be constructed along Eagle
Road abutting this site. The applicant shall construct a 6 -foot wide gravel pathway traveling
east -west generally along the Warm Springs Slough (as shown on the referenced site plan)
within the southern area of the development.
34. �ia:.M1D1�o' rZ�tpro
Qn any final plat which includes commercial lots,, p_lgc_ awe w_high lots are
subject to reciprocal cross access easements for vehicular and pedestrian ingress and egress
to the public rights-of-way and to the utility emements delineated or noted 4n the plat,
Reason: Not all commercial lots will provide reciprocal cross access to every other lot.
Until the final plat of each phase is prepared, the applicant will not know which
lots will be subject to such cross easements.
Applicant's Proposed Revisions to Conditions of Approval
Page 4 of 11
5/10/2005
35. Lot 1, Block 1, is approved for commercial development, taking into consideration the
requirement for stub street connection to the property to the north (Laguna Pointe
Subdivision) which was negotiated subsequent to the approval of the development agreement
for this site.
36. Design Review Board approval for the landscaping of the entire site (including useable
common area amenities, subdivision signage, street trees, existing trees, pathways, buffer
areas, perimeter fencing, etc.) is required prior to the approval of a final plat. Design Review
Board approval for the landscaping for each commercial pad site is required prior to the
issuance of any building permit for construction on that pad site. Individual lots within this
subdivision will be required to have a minimum of 10% landscaping each.
Reason: Presumably, the City does not intend to have landscaping approval for all pad
sites before it will issue any building permit in the development.
37. Provide construction plans to the City Engineer for review and approval which detail how
the proposed waterways are to be maintained, methods (such as aeration) that will prevent
stagnation and breeding of pests, and how storm water is to be accommodated, prior to the
City Engineer signing the final plat.
38. All pond and waterway banks shall be planted with natural grasses and plants. Planting
details shall be submitted for review and approval by the Design Review Board prior to the
submittal of a final development plan and final plat.
39. The developer shall provide 3 -inch minimum caliper shade -class trees (landscape plan to be
reviewed and approved by the Design Review Board) along both sides of all streets within
the development. Trees shall be placed at the front of each lot generally at each side property
line, or as approved by the Design Review Board. The trees shall be located within the
landscape strip between the concrete sidewalk and back of curb abutting all interior streets.
Prior to the City Clerk signing the final plat for each phase, the applicant shall either install
the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of
the cost of the installation of all landscape and irrigation improvements. Trees shall be
installed prior to obtaining any occupancy permits for the homes. A temporary occupancy
may be issued if weather does not permit landscaping.
40. Provide detailed building elevations of any structures proposed to house the pressurized
irrigation pump. The detailed elevations, colors and materials shall be reviewed and
approved by the Design Review Board prior to the City Clerk signing the final plat.
41. All nonresidential buildings shall be designed with architectural elements in compliance with
the Eagle Architecture and Site Design Book (EASD). The applicant shall submit a master
building design plan that shows general design criteria including composition, color,
materials, and architectural themes to be incorporated into the construction of all commercial
buildings on the site, with details showing how each building will compliment the others
with said design elements. The master plan shall be reviewed and approved by the Design
Review Board prior to the issuance of any building permits for the commercial portion of the
site. Architectural styles not shown within the EASD book will not be considered.
Reason: This condition of approval is not intended to apply to the residential portion of
the project.
Applicant's Proposed Revisions to Conditions of Approval
Page 5 of 11
5/10/2005
42. All healthy trees (as determined by the City Forester) that are to be preserved and integrated
into the open space design for the development shall be shown on a landscape plan and
submitted for Design Review Board approval prior to the submittal of a final plat.
43. The applicant shall have an on-site meeting with the City Forester to survey all existing trees.
Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the
City Forester's direction) to protect all trees that are to be preserved, prior to the
commencement of any construction on the site. No=aetivit,=w4m666.0,e
Reason: Prohibition of any activity whatsoever is overbroad and impossible of
compliance.
44. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
45. Place a note on the final plat stating that no direct access (other than those approved with this
application) to Eagle Road shall be permitted
46. Useable amenities such as picnic tables, covered shelters, benches, playground equipment,
gazebos, and/or similar amenities as determined by the City Council shall be provided within
the open space areas. Landscape plans showing open space amenities shall be reviewed and
approved by the Design Review Board, prior to the City approving a final plat.
47. The applicant shall submit cut sheets showing street lighting details for review and approval
by the Zoning Administrator prior to the submittal of a final development plan and final plat.
The plans shall show how the streetlights will facilitate the "Dark Sky" concept of lighting.
48. The applicant shall take care to locate and protect from damage existing utilities, pipelines
and similar structures. Documentation indicating that "Digline" has performed an inspection
of the site shall be submitted prior to the issuance of any building permits for the site.
49. The applicant shall .:.-.-. -: _ _ .:.. - - - - _ .. = -_ _ - - ..:. .'oa
r6'a
Drovide written notice to all contractors to
clean up daily, no loud music, and no dogs off leash.
Reason: Construction on the site will take place over many years and the signs will detract
from what will otherwise be a complete, well-maintained and attractive entrance.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District
and/or the Idaho Transportation Department, including but not limited to approval of the
drainage system, curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be
placed on the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by
the City Engineer. Required improvements shall include, but not be limited to, extending
all utilities to the platted property. The developer may submit a letter in lieu of plans
Applicant's Proposed Revisions to Conditions of Approval
Page 6 of 11
5/10/2005
explaining why plans may not be necessary.
4. Idaho Department of Environmental Quality approval of the sewer and water facilities is
required prior to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and
I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained
from the Idaho Department of Water Resources prior to the City Engineer signing the
final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will
be required to furnish the City Engineer with a letter from the sewer entity serving the
property, accepting the project for service, prior to the City Engineer signing the final plat
(B.C.C. 9-20-8.4)
7.
Reason: Not applicable.
!. .
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure,
the water rights appurtenant to the lands in said subdivision which are within the
irrigation entity will be transferred from said lands by the owner thereof; or the
subdivider shall provide for underground tile or other like satisfactory underground
conduit to permit the delivery of water to those landowners within the subdivision who
are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional
specific criteria for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional
engineer and shall be approved by the City Engineer prior to the City Engineer signing
the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the
drainage system and/or accepting said drainage; or submit a letter from a registered
professional engineer certifying that all drainage shall be retained on-site prior to the City
Engineer signing the final plat. A copy of the construction drawing(s) shall be submitted
with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans shall show how swales, or
drain piping, will be developed in the drainage easements. The approved drainage
system shall be constructed, or a performance bond shall be submitted to the City Clerk,
prior to the City Engineer signing the final plat. The CC&Rs shall contain clauses to be
reviewed and approved by the City Engineer and City Attorney, prior to the City
Engineer signing the final plat, requiring that lots be so graded that all runoff runs either
over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto
another lot except within a drainage easement.
Applicant's Proposed Revisions to Conditions of Approval
Page 7 of 11
5/10/2005
11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, or other
irrigation entity, shall be obstructed, routed, covered or changed in any way unless such
obstruction, rerouting, covering or changing has first been approved in writing by the
entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch (1) has been made in such a
manner that the flow of water will not be impeded or increased beyond carrying capacity
of the downstream ditch; (2) will not otherwise injure any person or persons using or
interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public
Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer
signing the final plat.
12. Street light plans shall be submitted and approved as to the location, height and wattage
to the City Engineer prior to the City Engineer signing the final plat. All construction
shall comply with the City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the
City Engineer, for the purpose of installing and maintaining street light fixtures, conduit
and wiring lying outside any dedicated public right-of-way, prior to the City Engineer
signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision
prior to signing of the final plat by the Eagle City Engineer.
13. The applicant shall provide utility easements as required by the public utility providing
service and as may be required by the Eagle City Code, prior to the City Engineer signing
the final plat.
14. An approval letter from the Eagle Fire Department shall be submitted to the City prior to
the City Engineer signing the final plat. The letter shall include the following comments
and minimum requirements, and any other items of concern as may be determined by the
Eagle Fire Department officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing
by the Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two
family dwellings, 1,500 gallons per minute for dwellings having a fire area in
excess of 3,600 square feet, and 1,500 gallons per minute for non-residential uses
(i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in
accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle
Fire Department prior to issuance of a building permit.
15. Covenants, homeowner's association by-laws or other similar deed restrictions,
acceptable to the Eagle City Attorney which provide for the use, control and mutual
maintenance of all common areas, storage facilities, recreational facilities, street lights or
open spaces shall be reviewed by the Eagle City Attorney prior to the City Engineer
signing the final plat.
Applicant's Proposed Revisions to Conditions of Approval
Page 8 of 11
5/10/2005
A restrictive covenant must be recorded and a note on the face of the final plat is
required, providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City
Attorney prior to the City Engineer signing the final plat.
16. Should the homeowner's association be responsible for the operation and maintenance of
the storm drainage facilities, the covenants and restrictions, homeowner's association by-
laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be
reviewed by the Eagle City Attorney prior to the City Engineer signing the final plat.
17. The applicant shall submit an application for Design Review, and shall obtain approval
for all required landscaping, common area and subdivision signage prior to the City
Engineer signing the final plat.
18.
�rr
--.-. 4
�
Reason: This issue is addressed in Site Specific Condition Nos. 24, 32 and 33.
19. k7t' .'i&a.. .t e;o. "iri .6ov i.rf ftd'Y ^ 4405.
*pp'ra-i
Reason: Not applicable.
20. The applicant shall place a note on the face of the plat which states: "Minimum building
setback lines shall be in accordance with the applicable zoning and subdivision
regulations at the time of issuance of the building permit or as specifically approved
and/or required".
21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to
floodplain and river protection regulations (if applicable) prior to the City Engineer
signing the final plat.
22. The=deveitFwee
o�Y,:l�-catrY'
Reason: Not applicable
23. -4p o -i
• j l:rtrdrrtoi s-:
Reason: This condition is addressed in Site Specific Condition No. 4.
24. ' pr.-v-e.ii-ef=thei thyo
Applicant's Proposed Revisions to Conditions of Approval
Page 9 of 11
5/10/2005
Drip .rata
Giy-E.6.
Reason: This condition is addressed in Site Specific Condition No. 23.
25. Basements in homes in the flood plain are prohibited.
26. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations
shall be complied with. All design and construction shall be in accordance with all
applicable City of Eagle Codes unless specifically approved by the Commission and/or
Council except as otherwise approved herein or in the Development Agreement.
Reason: Some provisions of the City's code have been varied by the
Development Agreement.
27. Any changes to the plans and specifications upon which this approval is based, other than
those required by the above conditions, will require submittal of an application for
modification and approval of that application prior to commencing any change. Any
change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest submits application to the City of Eagle for a change to the planned
use of the subject property.
28. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required
by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the
approval of the City Council (ECC 9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved
improvements before the City Engineer signs the final plat. The applicant shall provide a
fmancial guarantee of performance in the amount of 150% of the total estimated cost for
completing any required improvements (see resolution 98-3) prior to the City Engineer
signing the final plat. The financial guarantee shall be a Letter of Credit, Certificate of
Deposit, cash deposit or certified check.
29. In accordance with Eagle City Code, failure to obtain a recorded final plat for the
subdivision within one year following City Council approval shall cause this approval to
be null and void, unless a time extension is granted by the City Council.
30. Prior to submitting the final plat for recording, the following must provide endorsements
or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer,
Central District Health Department, Ada County Treasurer, Ada County Highway
District Commissioners, City Engineer, and City Clerk.
31. The City's actions on the application does not grant the applicant any appropriation of
water or interference with existing water rights. The applicant indemnifies and holds the
City harmless for any and all water rights, claims in any way associated with this
application.
Applicant's Proposed Revisions to Conditions of Approval
Page 10 of 11
5/10/2005
1, z . f
Applicant's Proposed Revisions to Conditions ofApproval
Page 11 of 11
5/10/2005
Eagle City Council
Public Hearing Sign-up Sheet
Subject: Ordinance No. 514:
May 10, 2005
7:30 p.m.
ADDRESS/
TELEPHONE
Page 1 f 1
H:ICOUNCILIAGENDAICCSIGNUP. WPD
TESTIFY
SUBJECT YES/NO? PRO/CON
NAME
Eagle City Council
Public Hearing Sign-up Sheet
Subject: PP -3-05 Lakemoor Subdivision BW Eagle, LLC.:
May 10, 2005
7:30 p.m.
ADDRESS/
TELEPHONE
Page 1 f 1
H:I000NCILIAGENDAICCS IG NUP. WPD
TESTIFY
SUBJECT YES/NO? PRO/CON
Greg Smith
& Associates
—"Assisting Business & Political Decision Makers -
A STUDY OF EAGLE AREA OF
IMPACT RESIDENTS
Cc- 5---/O--.0.5
ATTITUDES AND PERCEPTIONS
TOWARD CURRENT EAGLE
AREA PARKS
April, 2005
Greg Smith & Associates
682 Nicklaus.
Eagle, Idaho 83616
Phone: (208) 939-2327
Fax: (208) 939-1857
E-mail: gregsm@rmci.net
4
Greg Smith
& Associates
—"Assisting Business & Political Decision Makers"—
EXECUTIVE
akers-
EXECUTIVE SUMMARY
Data findings are surprisingly homogenous, not
differing significantly between (1) region of impact area
residence, nor (2) resident gender
A majority of those with no children at home never
went to an area park in April -September 2004, whereas
half or more of those with children at home went four
or more times, indicating quite a skewed but
unsurprising user profile.
Two-thirds of parks users report using Merrill Park,
with no other area park receiving more than a 10%
mention.
A vast majority of impact area parks users are very or
somewhat satisfied with the services provided by their
most often used park.
Not surprisingly, park users do not find any particular
service lacking.
With regards to park maintenance, three of five park
users prefer construction bond issuance to either raising
taxes or implementing "user fees" on groups (e.g., Little
League, soccer clubs) using the park.
682 Nicklaus
Eagle, Idaho 83616
Phone: (208) 939-2327
Fax: (208) 939-1857
E-mail: gregsm@rmci.net
Greg Smith
& Associates
— "Assisting Business & Political Decision Makers"—
BACKGROUND,
akers-
BACKGROUND, PROJECT
OBJECTIVES
The city of Eagle, and its area of impact, continues to be one of the most popular places to live in
Southwestern Idaho, and even within all of Idaho. Its people, growing commercial base, quality residential
growth, and parks all help contribute to Eagle's high reputation.
With growth and popularity, however, challenges arise. One is that of maintaining the current park
structure within Eagle's area of impact, so that this aspect of appeal will continue to exist and flourish. To
this end, the city of Eagle, recently contracted with Greg Smith & Associates for the conducting of public
opinion research among area of impact residents, with the following representing the project objectives:
Project Objectives:
1) To determine the profile of current park users,
2) To assess the level of satisfactions with current area parks and its attributes, and
3) To reveal how impact area residents feel these parks should be funded/maintained
METHODOLOGY
Utilizing the most modern CATI (computer aided telephone interviewing techniques), the study was
conducted in February, 2005 among 400 randomly selected and statistically representative area of impact
residents, with the criteria being those with either a 938 or 939 telephone prefix. Upon completion, the
findings yielded a maximum statistical margin of error of ±5.0% at a 95% confidence level. Along with the
analysis presented here, a copy of the questionnaire and data tables are attached.
Along with analyzing the data on a total sample basis, the findings were also examined as they pertained to
(1) area of residence with the area of impact, and (2) respondent gender. The residence areas were defined
as living:
■ north of Floating Feather Road
• south of the Highway 44 Bypass
• between these two roads, and east of Eagle Road
• between these two roads, and west of Eagle Road
682 Nicklaus.
Eagle, Idaho 83616
Phone: (208) 939-2327
Fax: (208) 939-1857
E-mail: gregsm@rmci.net
Greg Smith
& Associates
—"Assisting Business & Political Decision Makers"—
STUDY
akers-
STUDY FINDINGS AND ANALYSIS
Data findings are surprisingly homogenous, not differing significantly
between (1) region of impact area residence, nor (2) resident gender.
That is, answers to the questions we asked of area of impact residents only differ very slightly from
respondents to respondent, regardless of their respective individual differences.
A majority of those with no children at home never went to an area
park in April -September 2004, whereas half or more of those with
children at home went four or more times, indicating an expectedly
skewed user profile.
When asked, "How often would you say that you or a family member used an Eagle area park between
April and September of 2004?", about three out of five impact area residents (36%) never used an area park
from April to September, 2004, whereas 31% used an area park eight or more times. Only 2% went once
during that time period, with 15% each saying twice and three times.
However, the data varies quite a bit depending on the number of children living at home. That is, over 50%
(54%) of those with no children living at home never went to an area park from April to September.
On the other hand, half or more of those with one or more children at home went to area parks at least four
times from April to September. This skewed impact area park user profile should, of course, come as no
surprise.
Neither location of residence nor gender was related to frequency of park attendance.
Two-thirds of parks users report using Merrill Park, with no other area
park receiving more than a 10% mention.
(At this point, only park users completed the rest of the interview.) When asked, "What one park did you
use most often?", then "What others did you use?", a whopping 65% of impact area parks users report that
they used Merrill Park most often, with another 10% saying Merrill Park upon probing. All other sites
receive a 10% or less mention on the "most used" question. Place of residence, number of children at
home, and gender had no influence on this Merrill Park preference.
682 Nicklaus•
Eagle, Idaho 83616
Phone: (208) 939-2327
Fax: (208) 939-1857
E-mail: gregsm@rmci.net
Greg Smith
& Associates
—"Assisting Business & Political Decision Makers"—
Three-fourths
akers=
Three-fourths of current users of impact area parks are very or
somewhat satisfied with specific park -related elements they used most.
Respondents were then read the following: "Using a scale of 1 to 5, where 5 means very satisfied and 1
means very dissatisfied, please rate the following items as they relate to the Eagle area park you most often
used between April and September of 2004. The first one is (order was rotated)...
ATTRIBUTE TESTED % VERY SATISFIED % SOMEWHAT SATISFIED
• Proximity of this park to 52.4% 24.4%
your house
• Cleanliness of the park 61.0 19.3
• Adequacy of equipment 48.4 18.1
such as slides and swings
• Physical equipment that 40.9 27.7
appeals to children of all ages
• The availability of sports parks 33.1 17.7
• Accessibility of parks and park 29.5 18.3
equipment to the physically handicapped/
elderly
• Availability of recreational programs 14.2 15.0
(interviewer elaborated if needed , citing
sports, activities, health/wellness)
Note that 50% or more of parks users are very/somewhat satisfied with specific elements relating to the
park they use the most, and the lower level of satisfaction with elements that may or may not currently exist
as handicapped/elderly access and recreational program availability. Again, these scores vary little due to
residence location, number of children at home, or gender.
682 Nicklaus.
Eagle, Idaho 83616
Phone: (208) 939-2327
Fax: (208) 939-1857
E-mail: gregsm@rmci.net
Greg Smith
& Associates
—"Assisting Business & Political Decision Makers"—
Not
akers=
Not surprisingly, park users do not find any particular service lacking.
Conversely, impact area park users ways don't perceive any particular service lacking to any great degree.
That is, when asked, "Now, when thinking of possible improvements in the Eagle area park system, please
state how important each of these are to you. Use a 5 point scale with a five meaning the item in the Eagle
area park you most often used in 2004 needs a lot of improvement and a one meaning no improvement is
necessary. The first one is (order was rotated)....
ATTRIBUTE TESTED % LOT OF IMPROVEMENT % SOME IMPROVEMENT
• physical equipment that appeal to 19.6% 15.7%
children of all ages
• parks that are closer to your 19.3 16.1
house or apartment
• number of parks west of Eagle Road 19.3 18.9
• more parks with sports fields 27.6 22.0
• easier accessibility to parks and park 12.6 13.0
improvements for the physically
handicapped and elderly
As one can see, parks with sports fields represent the service most lacking in current parks. Again, the
date is quite similar or homogenous across all measured variables.
With regards to park maintenance, three of five park users prefer
construction bond issuance to either raising taxes or implementing
"user fees" on groups (e.g., Little League, soccer clubs) for funding
current area parks.
Finally, park users were asked "In terms of funding the current Eagle area parks, which of the following
would you choose if you had to pick one?"
• raising local property taxes on all residential
and commercial property owners
• requiring groups such as soccer teams, Little
League teams, and softball teams to pay user fees
• issuing a construction bond, which would be part
of assessing an impact fee on developers of new
residential development
% PREFERENCE
16.9%
21.7
61.4
Not only was the issuance of construction bonds the preferred source of funding, but a plurality of impact
area park users in all demographic groups measured agreed with this sentiment.
682 Nicklaus.
Eagle, Idaho 83616
Phone: (208) 939-2327
Fax: (208) 939-1857
E-mail: gregsm@rmci.net