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Minutes - 2013 - City Council - 12/10/2013 - Regular EAGLE CITY COUNCIL Minutes December 10,2013 PRE-COUNCIL AGENDA: 5:30 p.m.-6:30 p.m. 1. Mayor and Council Reports: Butler: No report Grasser: No report Defayette: Reports on the Election for President at the Senior Center, Laura won and she will be a good President. Pierce: No report Mayor: Reports on the Eagle Motor Sports complex. 2. City Hall Department Supervisor Reports: Library Director Bumgarner: Distributes the November Usage Statistics and discusses the same. Discusses the music downloads. General discussion. P/R-Facilities Director Aho: Christmas lights are up at Heritage Park and along State Street. The City Hall is also up and decorated. Discussion on tree lighting on Friday. Reports on the Fatter Tire (also called snow bikes)Bikes event at Guerber Park over the weekend. Discussion on light pole replacements. Eagle Country Christmas is this Saturday at Heritage Park and the Waffle Cross Race is at the Sports Complex this Saturday. General discussion. Zoning Administrator Vaughan: We have been dealing with Sign Code Enforcement and one of the issues that we have had is with the Sweet Shoppe and they are going to make an application with the City. I am working on Zoning Ordinances amendments that you will see in the future. We are also going to be working on temporary vendors and vendors that want to set up permanently for an extended period of time which is not classified as temporary vendors. Hill Road construction will be started in 2015 and I will be bringing this forward. General discussion. Building Official Nash: No report City Clerk/Treasurer: No report Discussion on recognizing Linda Butler's service on the Arts Commission in January. 3. City Attorney Report: No report INVOCATION: REGULAR COUNCIL AGENDA: 6:30 p.m. 1. CALL TO ORDER: Mayor Reynolds calls the meeting to order at 6:30 p.m. 2. ROLL CALL: GRASSER, DEFAYETTE, BUTLER, PIERCE. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Mayor Reynolds leads the Pledge of Allegiance. Page 1 K:\COUNCIL\MP LUTES\Temporary Minutes Work Area\CC-12-10-13min.doc 4. PUBLIC COMMENT: None 5. CONSENT AGENDA: ♦ Consent Agenda items are considered to be routine and are acted on with one motion. There will be no separate discussion on these items unless the Mayor, a Councilmember, member of City Staff, or a citizen requests an item to be removed from the Consent Agenda for discussion. Items removed from the Consent Agenda will be placed on the Regular Agenda in a sequence determined by the City Council. ♦ 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 November 20,2013 special meeting. ♦ C. Minutes of November 21,2013 special meeting. ♦ D. Minutes of November 26,2013 ♦ E. Appointments to the Arts Commission: Mayor Reynolds is requesting Council confirmation of the re-appointment of Leslie Ditz to the Commission. She will be serving two year term. (JDR) ♦ F. Resolution No. 13-26—Appraisal Agreement between the City of Eagle and Knipe Janoush Knipe LLC for land at Ada-Eagle Sports Complex: A Resolution Approving A Professional Valuation Services Agreement For An Appraisal Of Land At Ada-Eagle Sports Complex Park By And Between The City Of Eagle And Knipe Janoush Knipe, Llc, Commercial Real Estate Services("Kjk"),Doing Business As Integra Realty Resources-Boise("Irr Boise");Authorizing The Mayor And City Clerk To Respectively Execute And Attest Said Agreement; And Providing An Effective Date. (SM) Defayette moves to approve the Amended Consent Agenda,Items#A through#F. Grasser removes Item #5F from the Consent Agenda. Defayette amends the motion to approve#5A through#E. Seconded by Butler. Grasser: AYE; Defayette: AYE; Butler: AYE: Pierce: AYE; ALL AYES: MOTION CARRIES 5F. Resolution No. 13-26—Appraisal Agreement between the City of Eagle and Knipe Janoush Knipe LLC for land at Ada-Eagle Sports Complex: A Resolution Approving A Professional Valuation Services Agreement For An Appraisal Of Land At Ada-Eagle Sports Complex Park By And Between The City Of Eagle And Knipe Janoush Knipe, Llc, Commercial Real Estate Services ("Kjk"), Doing Business As Integra Realty Resources-Boise ("Irr Boise"); Authorizing The Mayor And City Clerk To Respectively Execute And Attest Said Agreement; And Providing An Effective Date. (SM) Grasser: I just want to go on the record that I do not support spending this money at this time since we don't know what is going to be done with the property. General discussion. Butler moves to approve Resolution No. 13-26. Seconded by Pierce. Grasser: NAY; Butler: AYE: Defayette: AYE; Pierce: AYE: MOTION CARRIES 6. UNFINISHED BUSINESS: A. Ordinance No. 707—amending City Code pertaining to the Urban Renewal Agency - specifically deleting section 10 : SECOND READING: An Ordinance Of The City Of Eagle, Ada County,Amending Ordinance No. 592,Adopted On December 11, 2007, To Delete Section 10; Providing For Publication By Summary; And Providing An Effective Date. (SEB) The Page 2 K\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-12-10-13min.doc deleted text is as follows: So long as any Agency bonds are outstanding,the City Council shall not exercise its power under Idaho Code Section 50 2006 to designate itself as the Agency Board. This item was continued from the November 26, 2013 meeting. Mayor introduces the issue. General discussion. Butler 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#707 be considered after being read once by title only. Butler reads Ordinance #707 by title only. Seconded by Pierce. THREE AYES: GRASSER: NAY: ALL AYES: MOTION CARRIES Butler moves that Ordinance#707 be adopted. Seconded by Defayette. Grasser: NAY; Defayette: AYE; Butler: AYE: Pierce: AYE; ALL AYES: MOTION CARRIES B. Ada-Eagle Sports Complex: Purchase and/or re-negotiation of lease with Ada County (SM) Mayor introduces the issue. City Attorney Mimura: Discusses the appraisal of the Ada-Eagle Sports Complex. We should have a final appraisal prior to your meeting on December 19th Discussion on Memorandum of Agreement Regarding the Lease Agreement and Addendum between Ada County and the City of Eagle or Ada-Eagle Sports Complex. The Johnston lawsuit is being dismissed with each party responsible for their attorney's fees and costs. I will get this on your agenda in January. General discussion. Further discussion on the MOA. 7. PUBLIC HEARINGS: Public Hearings are legally noticed hearings required by state law. The public may provide formal testimony regarding the application or issue before the City Council. This testimony will become part of the hearing record for that application or matter. A. ZOA-02-13—Ordinance No. 672 -Zoning Ordinance Amendment {Amending City Code pertaining to Personal Wireless Facilities} —City of Eagle: An Ordinance Amending Eagle City Code Title 8 "Zoning", Chapter 1 "Zoning Interpretation And Definitions", Section 2 "Rules And Definitions",And Chapter 3 "Performance Standards", Section 5 "Unique Land Uses", Paragraph S "Personal Wireless Facilities, Spires, Poles, Antennas, Steeples, Towers, And Other Such Structures", And Chapter 2 "Zoning Districts And Map", Section 3 "Official Schedule Of District Regulations"; And Providing An Effective Date. (WEV) Mayor introduces the issue. Mayor: Does anyone on Council have any exparte contact to declare? None Mayor: Does anyone on Council have any potential or actual conflict of interest?None Zoning Administrator Vaughan: This application is a zoning ordinance amendment which was initiated by your discussion with me earlier this year. Planning and Zoning Commission held a public hearing and recommended approval with the strike through and underline version before you. There are a couple more changes that I have added. Discussion on the changes. General discussion. Mayor opens the Public Hearing Page 3 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-12-10-13min.doc Bill Jung, 687 W. Oak Hampton, I alts involved with a wireless company,these towers are not very attractive but the service the towers provide impact all of us with cell phones etc. I request that you look at this not to be restrictive but to look forward to the future growth and not inhibit the growth. General discussion. Bob VanArnem, 3049 S. Whitepost Way,the thing that comes to mind is not in my back yard. Is this making it easier to install cell towers? Discussion on the ordinance provisions. Mayor closes the Public Hearing General Council discussion. Butler 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#672 be considered after being read once by title only. Understanding that the Ordinance will include the strike through and underlines as proposed by the Planning and Zoning Commission and understanding that the double strike through and double underline shall be included. Butler reads Ordinance#672 by title. Seconded by Pierce. Discussion. ALL AYES: MOTION CARRIES Butler moves that Ordinance#672 be adopted. Seconded by Grasser. Grasser: AYE; Defayette: AYE; Butler: AYE: Pierce: AYE; ALL AYES: MOTION CARRIES B. Public Hearing regarding the Amendment to Fiscal Year Budget 2013/2014: A public hearing for consideration of an amendment to the 2013/2014 fiscal year budget by appropriating additional monies received by the City of Eagle, General Fund: Proposed Revenue $162,024.00, Proposed Expenditures $162,024.00. (SB/SKB) Mayor introduces the issue. Mayor: Does anyone on Council have any exparte contact to declare? None Mayor: Does anyone on Council have any potential or actual conflict of interest?None City Clerk Bergmann provides an overview of amending the FY 13/14 Budget and discusses the revisions as presented tonight. General discussion. Mayor opens the Public Hearing No one has signed up to speak and no one from the audience wishes to speak Mayor closes the Public Hearing General Council discussion. Defayette moves to approve the changes#1. $9,500 for the Front Door Locking System, #2. $44,000 for full time employee in the Building Department,I would like some discussion on Project Employee, Sidewalk Joint Filling is a safety and ongoing issue, Downtown Tree Replacement I would allot$10,000 for that project and take the other$20,000 from the other allotted money out of facilities,I would not paint the Library at this point,I would replace the awnings for$2,500,and I would give the$6,600 for the power increases and the Art's Commission request for $6,524. Discussion on the Project Employee. Defayette: I would be in favor of funding the Project Employee. Further discussion. Defayette: we are going to go ahead and add the Painting of the Library for$5,000. Defayette: My motion will be revised to approve the revised numbers,Items#1 through#9 as presented with the $43,300 going into the Reserve Fund. Seconded by Pierce. Butler: AYE; Grasser: Page 4 K.\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-12-10-13min.doc NAY; Defayette: AYE; Pierce: AYE: THREE AYES; GRASSER: NAY: MOTION CARRIES .. B.1: Ordinance No. 708: An Ordinance of the City of Eagle, amending the annual appropriation Ordinance No. 702 for the fiscal year beginning October 1, 2013 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 in effect upon its publication date. (SB/SKB) Mayor introduces the issue Butler 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#708 be considered after being read once by title only. Butler reads Ordinance #708 by title only. Seconded by Defayette. Butler: for clarification this Ordinance is for the numbers that we voted on prior to acting on this Ordinance. Seconded concurs. THREE AYES: GRASSER NAY: MOTION CARRIES Butler moves that Ordinance#708 be adopted. Seconded by Defayette. Grasser: NAY; Defayette: AYE; Butler: AYE: Pierce: THREE AYES: GRASSER NAY: MOTION CARRIES C. M3/SprinE Valley—RZ-19-06 MOD2—M3 Eagle,LLC: M3 Eagle , LLC, is requesting a modification to the rezone Pre-Annexation/Development Agreement(PADA)Condition of Development. The 6,014-acre site is generally located between Willow Creek Road(N. Eagle Road) and State Highway 16 approximately 1 mile north or Homer Road. (NBS) This item was continued from the November 21, 2013 special meeting. The public hearing remains open. Mayor introduces the issue. Mayor: Does anyone on Council have any exparte contact to declare? None Mayor: Does anyone on Council have any potential or actual conflict of interest?None Mayor: for discussion purposes Item#C&D will be heard together. City Attorney Buxton provides an extensive overview of the M3/Spring Valley application and discussion on a document received from Applicant's Attorney,2.2 Water, and M3 General Comment. General discussion. Casey Ketterling, Holladay Engineering, I have not received any additional language from the applicant. My recommendation remains consistent that they should be required to have easement on all lot lines similar to other lots within the City. Discussion on ribbon curbs or flat curbs. Planner Baird-Spencer discusses the wastewater treatment plant and provides Council an overview of the M3/Spring Valley application. General discussion. Joann Butler, representing M3/Spring Valley, I have a handout for Council, and before I proceed Bill Brownlee will address the Council. Bill Brownlee, applicant, displays overheads and discusses the public equestrian center, discusses ribbon curbs, ACHD standards on the streets. Discusses how the staff, attorneys and applicants work together to get all issues resolved and we appreciate what staff has done to get this application to this stage. General discussion. Page 5 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-12-10-13min.doe Joann Butler discusses Title 11 and proposed changes by the applicant. The document I handed out tonight showing all of the changes to Title 11. Provides Council an overview of the changes. General discussion. Mayor calls a recess at 9:10 p.m. Mayor reconvenes at 9:20 p.m. Mayor opens the Public Hearing Linda Hamilton, 4210 N. Double S Lane, close to Highway 16 and I overlook the southwest part of the development, reads excerpts from an ITD Internet posting, discusses the private equestrian center and reads excerpts from her letter dated December 5, 2013 into the record. General discussion. Eric Shirmer,4430 Double S Lane, I am here representing my mom and dad tonight, displays overheads and discusses the public equestrian center as it was presented to his mom and dad by the developer and since has changed to private equestrian center; discusses the proposed sewer plant which will be right below my parents property; and traffic issues. Patricia Minkiewicz,Deerfield Court,these is a very complicated issues; people have called me and have asked me to translate. What do these changes mean to the City. Discusses the equestrian center. I don't know what is going on. This is a lot more than a modification. What are the ramifications with the changes? Discusses water rights. Mary Taylor, 3410 Hartley, discusses water rights,the sewer plant,the lake,the irrigation system, and an additional aquifer. My questions I am going to type up and I ask you to postpone this hearing so these questions can be answered. This needs to be studied further. Terry Hoebelheinrich, discusses the surety bond and letter of credit issues that were discussed tonight. Bill Brownlee: I didn't realize the significance of the private equestrian center. The first phase will have an equestrian product. We don't have a problem setting aside in the southwest part of the project doing an equestrian center if the market so warrants it. Equestrian centers are costly to run and HOA's have a problem supporting equestrian centers. Discusses transfer of density and traffic. The sewer facility will be owned by the Eagle Sewer District. Discusses the treatment of the affluent. Discusses the irrigation systems. DEQ reviews the sewer and irrigation systems. We don't have this secret aquifer that was discussed tonight. Discusses the water rights. What's the rush? We started this project in June of 2006 and we have been working on planning documents for four years. We would like to develop this property. We are asking you to act so we can develop this project. Discusses the type of treatment plant General discussion. Mayor closes the Public Hearing General Council and City Attorney discussion. Butler moves to approve the Development Agreement with the modifications that Susan reiterated in the last 3 minutes,most of which were typos,and the language about water. Seconded by Pierce. Grasser: AYE; Defayette: AYE; Butler: AYE; Pierce: AYE: ALL AYES: MOTION CARRIES D. M3/Spring Valley—ZOA-01-13--M3 Eagle,LLC: M3 Eagle, LLC, is requesting a zoning ordinance amendment to establish development standards and processes for the M3/Spring Valley Planned Development consistent with the Pre-Annexation/Development Agreement Page 6 K:\COUNCIL\M1f LUTES\Temporary Minutes Work Area\CC-12-10-I3min.doc (PADA)and the condition of development. The 6,014-acre site is generally located between Willow Creek Road(N. Eagle Road' aqd State Highway 16 approximately 1 mile north or Homer Road. (NBS) This item was continued from the November 21, 2013 special meeting. The public hearing remains open. General Council and Attorney discussion. Butler moves to approve ZOA-01-13 with the section that we just talked about Chapter 2A Item #9 taking out the words "or aquifer storage",with the City recommended conditions,and the M3 recommended condition on P. 7,which is a typo that the City agrees with, Chapter 2A P.7,with the M3 recommended changes on P. 18,Chapter 3 which the City agrees with,I'm going to say"any of these conditions in this document provided by Joann Butler where it says the City Agrees with it are part of the motion". Chapter 3,Page 24 & 25 is making the language consistent with our new cell tower ordinance that the City approved tonight with the Willow Creek corridor being preserved; P. 13 where we talk about plats it goes on to 14 and 17 all of Chapter 12,I don't agree that we should modify our final plat language but I agree that we should have language in here that allows the preliminary plats within this development to be good for 3 years from the times the Council approves the preliminary plat,extensions to be as our code is,the typical final plat extensions. Discussion. P.20 Chapter 12 the length of the driveways to be length of the driveways to be 150' with the other language that is in there,PZ recommended approval of M3's request as to private streets and that is my motion,Utility easements P.25 Chapter 12 I think this needs to be looked at on a case by case basis,P.33 is going to be modified,Chapter 12,to be consistent with the Development Agreement,P.37 Chapter 12 we modify the surety bond language to say"surety bonding may be allowed on a case by case basis if approved in writing by the City Council with approval by the City Attorney,P.38 that we agree with M3 on the removal of"the limitation of a financial institution in the Eagle/Boise area". Seconded by Pierce. Discussion. Grasser: NAY; Butler: AYE; Defayette: AYE; Pierce: AYE; THREE AYES: GRASSER NAY: MOTION CARRIES 8. NEW BUSINESS: A. Request to allow expenditure of$31,000 for Mace River trail to utilize a soil stabilizer instead of asphalt on the surface. (MA) Mayor introduces the issue P/R Director Aho: This is a continuation from the last meeting,the dollar amount was wrong on the agenda so I brought this back. This is currently budgeted. General discussion. Pierce moves to allow the expenditure of$31,000 for Mace River trail to utilize a soil stabilizer instead of asphalt on the surface. Seconded by Defayette: Grasser: AYE; Butler: AYE; Defayette: AYE; Pierce: AYE; ALL AYES: MOTION CARRIES B. Ordinance 709—Annexation and Rezone for Svringa Subdivision: An ordinance annexing certain real property situated in the unincorporated area of Ada County, Idaho, and Contiguous to the corporate limits of the City of Eagle,to the City of Eagle, Idaho; changing the zoning classification of said real property described herein from RUT(Rural-Urban Transition) to R-2-DA-P(Residential with a Development Agreement-PUD); amending the zoning map of the City of Eagle to reflect said change; directing that copies of this ordinance be filed as provided by law; and providing an effective date. Site location: The 63.57 acres site is generally located at the north side of West Floating Feather Road approximately 1,320-feet west of the intersection of North Lanewood Road and West Floating Feather Road. Page 7 K:\COUNCIL\IvIINU"rES\Temporary Minutes Work Area\CC-12-10-I3min.doc Mayor introduces the issue Pierce 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#709 be considered after being read once by title only. Pierce reads Ordinance #709 by title only. Seconded by Defayette. ALL AYES: MOTION CARRIES Pierce moves that Ordinance#709 be adopted. Seconded by Butler. Grasser: AYE; Defayette: AYE; Butler: AYE: Pierce: AYE; ALL AYES: MOTION CARRIES 9. ADJOURNMENT: Pierce moves to adjourn. Seconded by Butler. ALL AYES: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 11:20 p.m. Respectfully submitted: ,,,,,,,,,,,,,,,,, SHARON K. BERGMANN C>, 0 ~•, CITY CLERK/TREASURER =* s vo �•as. SEAL ! `'PROVED: ••, 4P 4_I' ,'k�rHenn I v�. Q ••. All , OF%'Q' Q MES D. REYN L 11(6 AYOR AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL UPON REQUEST. Page 8 K.\COUNCIL\M1'!U`ES\Temporary Minutes Work Area\CC-12-10-13min doe NAME r:c,t r� L ►'SCC fZ,J EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP M3/SDrin2 Valley—ZOA-01-13— M3 Ea2Ie, LLC December 10, 2013 TESTIFY PRO/ CON or ADDRESS YES/NO NEUTRAL ; M,0 if a. i !) ,Ai. f) ;1 l_P S c. h )l c, r c, r, z:J 7Pca e, �1�13U 0,1011( S L1( f 2C'.l >1 ,L1- EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP M3/Spring Valley—RZ-19-06 MOD2 — M3 Eagle, LLC December 10, 2013 1 TESTIFY PRO/ CON or NAME ADDRESS YES/NO NEUTRAL EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP M3/Spring Valley—RZ-19-06 MOD2 — M3 Eagle, LLC December 10, 2013_2, /,..-/-/5 7o 12/10/13 CITY COUNCIL MEETING AMENDED BUDGET - WITH REVISED WS FROM PARK/REC-FACILITIES Changes in Bold NO. PROJECT PROPOSED REVISED 1 City Hall Front Door Locking Syster $20,000 $9,500 2 IFulltime Employee -Building Dept I $44,000 3Project Employee 1 $10,000 4 IlibrarvSidewalkioint Filling 1 $4,500 5 Downtown Tree Replacement & $30,000 Irrigation Line Repair 6Library Interior Painting 1 $5,000 7Awning for Library I $2,000 8City Hall Work Space 1 $40,000 lArts Commission Projects I $6,524 TOTAL PROPOSED EXPENDITURES $162,024 DIFFERENCE TO BE ALLOTED $43,300 $44, 000 $10,000 $4,600 $30,000 $5,000 $2,500 $6,600 $6,524 $118,724 Number Item Description Justification Amount Revised 1. City Hall Front Door locking A card key system similar to the back doors at City Current system is not secure with keys being system Hall using our current card system handed out to user groups $20,000 $9,500 2. Building Department includes benefis short staffed $44,000 $44,000 Fulltime employee for the An administration clerk for the building department 3. Project Employee Assist in creating the inventory of street trees, light allow for budget planning, replacement plans poles and trails that will be added to the mapping and maintenance schedules and program responsibilities. $10,000 $10,000 Parks and Pathway 4. budgeted Master Plan The City Council budgeted $80,000 for this in 2013-14 After early work on this project the $80,000 increase budget this figure needs to increase by $20,000 budgeted is to low for a full plan $20,000 $0 5 Keeps water and dirt from getting between the Library sidewalk joint filling Fill the seams of the walk way around the Library concrete pads and causing damage $4,500 $4,600 6 7. 8. 9. Downtown Tree replacement and irrigation Two downtown trees need to be replaced and the line repair irrigation lines fixed Library interior painting Paint the interior walls of the library Awning for library City Hall work space The current trees are causing sidewalk, curb and street damage and have outgrown their placement. Old irrigation lines will need to be fixed and restarted for the replacement trees. $30,000 $30,000 The Library's interior paint is the original paint from its opening. In addition to looking dated, there are numerous areas of patching and re- painting that are visible to the public. Current awning were damaged in a hail storm Awnings over the library windowa this past summer The current configuration is approximately 70% Reconfigure and possibly add a white noise element open office complex and creates problems of to help with distractions distration and privacy $5,000 $5,000 $2,000 $2,500 $40,000 $6,600 Total $175,500 $112,200 Carry forward amount $162,024 $162,024 Difference $13,476 ($49,824) EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP Public Hearing regarding the Amendment to Fiscal Year Budget 2013/2014 December 10, 2013 TESTIFY PRO/ CON or NAME ADDRESS YES/NO NEUTRAL EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP ZOA-02-13 — Ordinance No. 672 - Zoning Ordinance Amendment {Amending City Code pertaining to Personal Wireless Facilitiesl. December 10, 2013 TESTIFY PRO/ CON or NAME ADDRESS YES/NO NEUTRAL lk c /,2 -ice- i3 Usage Statistics --November 2013 Monthly Fiscal Year Cumulative 12/9/2013 10:09 AM Circulation Nov -13 Nov -12 ±% Circulation FY 2013-2014 FY 2012-2013 ±% Children's Collection 11,213 9,502 18.0% Children's Collection 22,479 19,565 14.9% Teen Collection 1,189 1,248 -4.7% Teen Collection 2,444 2,485 -1.6% Adult Collection 12,697 12,038 5.5% Adult Collection 25,670 23,545 9.0% eBooks 394 188 109.6% eBooks 733 411 78.3% Other 51 #DIV/0! Other 150 31 383.9% sub -total 25,544 22,976 11.2% sub -total 51,476 46,037 11.8% In-house 2,088 1,801 15.9% In-house 4,660 3,519 32.4% Total 27,632 24,777 11.5% Total 56,136 49,556 13.3% Self -Checkout Nov -13 Nov -12 ±% Self -Checkout FY 2013-2014 FY 2012-2013 ±% Amount 19,915 3,976 400.9% Amount 40,541 7,564 436.0% Percent of Total Circulation 92.90% 16.00% 480.6% Percent of Total Circulation 94.60% 15.30% 518.3% Gate Count Nov -13 Nov -12 ±% Gate Count FY 2013-2014 FY 2012-2013 ±% Exterior 11,777 n/a n/a Exterior 12,977 n/a n/a Interior 13,986 12,725 9.9% Interior 34,123 27,069 26.1% Digital Statistics Nov -13 Nov -12 ±% Digital Statistics FY 2013-2014 FY 2012-2013 ±% Website Total Visits 13,583 n/a n/a Website Total Visits 29,347 n/a n/a Website Unique Visits 3,365 n/a n/a Website Unique Visits 7,074 n/a n/a Facebook Likes 117 n/a n/a Facebook Likes 224 n/a n/a Facebook Avg Daily Consumption 154 n/a n/a Facebook Avg Daily Consumption 370 n/a n/a Freegal Music Users 87 n/a n/a Freegal Music Users 87 n/a n/a Freegal Music Downloads 455 n/a n/a Freegal Music Downloads 905 n/a n/a Overdrive eBook Total Users 1,126 n/a Overdrive eBook Total Users 1,126 n/a n/a New Card Registrants Nov -13 Nov -12 ±% New Card Registrants FY 2013-2014 FY 2012-2013 ±% Eagle 83 87 -4.6% Eagle 179 222 -19.4% Non -Resident 0 1 n/a Non -Resident 2 1 n/a Programs Nov -13 Nov -12 ±% Programs FY 2013-2014 FY 2012-2013 ±% Total Number of Programs 42 20 110.0% Total Number of Programs 95 55 72.7% Children in Attendance 655 445 47.2% Children in Attendance 1,425 919 55.1% Teens in Attendance 55 0 #DIV/0! Teens in Attendance 118 41 187.8% Adults in Attendance 529 202 161.9% Adults in Attendance 1,172 560 109.3% Total Program Attendance 1,239 647 91.5% Total Program Attendance 2,715 1,520 78.6% Computer Use Nov -13 Nov -12 ±% Computer Use FY 2013-2014 FY 2012-2013 ±% Adult 1,045 1,339 -10.2% Adult 2,346 1,381 92.2% Children 158 n/a n/a Children 308 n/a n/a Circulation per Day Nov -13 Nov -12 ±% Circulation per Day FY 2013-2014 FY 2012-2013 ±% Days of Operation 23 23 0.0% Days of Operation 49 49 0.0% Circulation per Day 1,201 1,077 11.5% Circulation per Day 1,146 1,011 13.3% Study Rooms Nov -13 Nov -12 ±% FY 2013-2014 FY 2012-2013 ±% 86 n/a n/a Study Rooms 157 n/a n/a City of Eagle Report Catena Report type GL detail Check Check Issue Date Numoer Payee 11573 12/05/2013 11573 HD Supply Facilities Maint Total 11573 11857 12/03/2013 11857 Signs Now Total 11857 11905 12/02/2013 11905 12/02/2013 11905 12/02/2013 11905 12/02/2013 11905 Total 11905 Eagle Industrial Center Eagle Industnal Center Eagle Industrial Center Eagle Industrial Center 11906 12/02/2013 11906 Idaho Child Support Receipting Total 11906 11907 12/02/2013 11907 Pacific Source Health Plans 12/02/2013 11907 Pacific Source Health Plans 12/02/2013 11907 Pacific Source Health Plans 12/02/2013 11907 Pacific Source Health Plans 12/02/2013 11907 Pacific Source Health Plans 12/02/2013 11907 Pacific Source Health Plans 12/02/2013 11907 Pacific Source Health Plans 12/02/2013 11907 Pacific Source Health Plans Total 11907 11908 12/02/2013 11908 12/02/2013 11908 12/02/2013 11908 12/02/2013 11908 12/02/2013 11908 12/02/2013 11908 Total 11908 11909 12/02/2013 11909 12/02/2013 11909 12/02/2013 11909 12/02/2013 11909 12/02/2013 11909 12/02/2013 11909 12/02/2013 11909 12/02/2013 11909 U S Bancorp Equipment Finance U S Bancorp Equipment Finance U S Bancorp Equipment Finance U S Bancorp Equipment Finance U S Bancorp Equipment Finance U S Bancorp Equipment Finance United Heritage -Group Dept United Hentage-Group Dept United Heritage -Group Dept. United Her tage-Group Dept United Heritage -Group Dept United Heritage -Group Dept United Heritage -Group Dept United Heritage -Group Dept Check Register - Transparency Version Check Issue Dates. 11/26/2013- 12/9/2013 Invoice Sequence Invoice Invoice GL GL Account Account Title 1 ch 60-0438-09-00 METER REPLACEMENT PROGRAM 1 ch 08-0472-01-00 DEVELOPMENT -SPORTS COMPLEX 1 Ch 16-0416-01-00 SHOP LEASE 2 ch 60-0434-50-00 SHOP LEASE 1 ch 60-0434-50-00 SHOP LEASE 2 ch 16-0416-01-00 SHOP LEASE 1 ch 16-0217-0B-00 GARNISHMENTS 1ch 2 ch 3 ch 4 ch 5 ch 6 ch 7 ch 1 ch 12-0217-07-00 14-0217-07-00 13-0217-07-00 16-0217-07-00 60-0217-07-00 06-0217-07-00 01-0217-07-00 01-0217-07-01 1 ch 14-0416-24-00 2 ch 14-0416-24-00 3 ch 13-0416-24-00 4 ch 13-0416-24-00 5 ch 11-0416-24-00 6 ch 12-0416-24-00 1 ch 14-0217-07-00 2 ch 16-0217-07-00 3 ch 12-0217-07-00 4 ch 01-0217-07-00 5 ch 13-0217-07-00 6 ch 11-0217-07-00 7 ch 60-0217-07-00 8 ch 06-0217-07-00 CLERK DEPT HEALTH INSURANCE P&Z DEPT HEALTH INSURANCE BLDG DEPT HEALTH INSURANCE HEALTH INSURANCE WATER DEPT HEALTH INSURANCE LIBRARY HEALTH INSURANCE GEN ADMIN HEALTH INSURANCE COBRA- HEALTH INSURANCE OFFICE EQUIPMENT LEASING OFFICE EQUIPMENT LEASING OFFICE EQUIPMENT LEASING OFFICE EQUIPMENT LEASING EQUIPMENT LEASING EQUIPMENT LEASING P&Z DEPT HEALTH INSURANCE HEALTH INSURANCE CLERK DEPT HEALTH INSURANCE GEN ADMIN HEALTH INSURANCE BLDG DEPT HEALTH INSURANCE EXEC DEPT HEALTH INSURANCE WATER DEPT HEALTH INSURANCE LIBRARY HEALTH INSURANCE Page 1 Dec 09, 2013 01 40PM Invoice Amount Check Amount 6,468 00- 6,468 00- 6,468 00- 210.00- 210 00- 61200 61200 2 79 2.80 150 00 210 00- 612 00 812 00 2 79 2.80 1.229 59 150 00 150 00 3 178 05 3,17805 6,209 24 6,209 24 2,73160 2.73160 3,512 89 3.512 89 2,84909 2,84909 8,54138 8,541.38 1.163 13 1,163 13 587 44 587 44 39 78 39 81 39 81 39 81 39.81 39 81 28.772 82 39 78 39.81 39 81 39 81 39 81 39 81 238.83 92 52 92 52 49 65 49 65 50 40 50 40 915 915 48.42 48 42 1369 1369 58 22 58 22 12534 12534 City of Eagle Check Register - Transparency Version Page: 2 Check Check Issue Date Number Payee 12/02/2013 11909 United Heritage -Group Dept. Total 11909: 11910 12/02/2013 12/02/2013 12/02/2013 12/02/2013 12/02/2013 11910 11910 11910 11910 11910 Total 11910; Willamette Dental Insurance Willamette Dental Insurance Willamette Dental Insurance Willamette Dental Insurance Willamette Dental Insurance 11911 12/09/2013 11911 ACS -Advanced Control Systems Total 11911: 11912 12/09/2013 11912 Ada County Highway District Total 11912: 11913 12/09/2013 11913 Ada County Sheriffs Dept. Total 11913: 11914 12/09/2013 11914 12/09/2013 11914 12/09/2013 11914 12/09/2013 11914 12/09/2013 11914 12/09/2013 11914 12/09/2013 11914 12/09/2013 11914 12/09/2013 11914 12/09/2013 11914 12/09/2013 11914 12/09/2013 11914 12/09/2013 11914 12/09/2013 11914 12/09/2013 11914 12/09/2013 11914 12/09/2013 11914 12/09/2013 11914 12/09/2013 11914 12/09/2013 11914 12/09/2013 11914 12/09/2013 11914 12/09/2013 11914 12/09/2013 11914 12/09/2013 11914 12/09/2013 11914 12/09/2013 11914 12/09/2013 11914 Ada County Treasurer Ada County Treasurer Ada County Treasurer Ada County Treasurer Ada County Treasurer Ada County Treasurer Ada County Treasurer Ada County Treasurer Ada County Treasurer Ada County Treasurer Ada County Treasurer Ada County Treasurer Ada County Treasurer Ada County Treasurer Ada County Treasurer Ada County Treasurer Ada County Treasurer Ada County Treasurer Ada County Treasurer Ada County Treasurer Ada County Treasurer Ada County Treasurer Ada County Treasurer Ada County Treasurer Ada County Treasurer Ada County Treasurer Ada County Treasurer Ada County Treasurer Check Issue Dates: 11/26/2013 - 12/9/2013 Dec 09, 2013 01:40PM Invoice Invoice Sequence GL Account Invoice GL Invoice Check Account Title Amount Amount 1 ch 01-0217-07-01 COBRA- HEALTH INSURANCE 6.85 6.85 454.24 1 ch 12-0217-07-00 CLERK DEPT HEALTH INSURANCE 42.61 42.61 2 ch 06-0217-07-00 LIBRARY HEALTH INSURANCE 85.50 85.50 3 ch 14-0217-07-00 P&Z DEPT HEALTH INSURANCE 218.70 218.70 4 ch 16-0217-07-00 HEALTH INSURANCE 128.11 128.11 5 ch 60-0217-07-00 WATER DEPT HEALTH INSURANCE 85 50 85.50 560.42 1 ch 60-0434-25-00 MTNC EQUIP-COPIERS/SOFTWARE 10,142.40 10,142.40 10,142.40 1 ch 01-0203-00-00 ACCTS PAYABLE-ACHD IMPACT FEE 71,736.00 71,736.00 71,736.00 1 ch 01-0416-09-00 LAW ENFORCEMENT DEPARTMENT 140,989.51 140,989.51 140,989.51 1 ch 01-0413-29-00 1 ch 01-0413-29-00 1 ch 01-0413-29-00 1 ch 01-0413-29-00 1 ch 01-0413-29-00 1 ch 01-0413-29-00 1 ch 01-0413-29-00 1 ch 01-0413-29-00 1 ch 01-0413-29-00 1 ch 01-0413-29-00 1 ch 01-0413-29-00 1 ch 01-0413-29-00 1 ch 01-0413-29-00 1 ch 01-0413-29-00 1 ch 01-0413-29-00 1 ch 01-0413-29-00 1 ch 01-0413-29-00 1 ch 01-0413-29-00 1 ch 01-0413-29-00 1 ch 01-0413-29-00 1 ch 01-0413-29-00 1 ch 01-0413-29-00 1 ch 01-0413-29-00 1 ch 01-0413-29-00 1 ch 01-0413-29-00 1 ch 01-0413-29-00 1 ch 01-0413-29-00 1 ch 01-0413-29-00 REAL PROPERTY TAXES/CITY REAL PROPERTY TAXES/CITY REAL PROPERTY TAXES/CITY REAL PROPERTY TAXES/CITY REAL PROPERTY TAXES/CITY REAL PROPERTY TAXES/CITY REAL PROPERTY TAXES/CITY REAL PROPERTY TAXES/CITY REAL PROPERTY TAXES/CITY REAL PROPERTY TAXES/CITY REAL PROPERTY TAXES/CITY REAL PROPERTY TAXES/CITY REAL PROPERTY TAXES/CITY REAL PROPERTY TAXES/CITY REAL PROPERTY TAXES/CITY REAL PROPERTY TAXES/CITY REAL PROPERTY TAXES/CITY REAL PROPERTY TAXES/CITY REAL PROPERTY TAXES/CITY REAL PROPERTY TAXES/CITY REAL PROPERTY TAXES/CITY REAL PROPERTY TAXES/CITY REAL PROPERTY TAXES/CRY REAL PROPERTY TAXES/CITY REAL PROPERTY TAXES/CITY REAL PROPERTY TAXES/CITY REAL PROPERTY TAXES/CITY REAL PROPERTY TAXES/CITY 6.50 6.50 6.50 6.50 6.50 6.50 6.50 6.50 6.50 6.50 7.00 7.00 6.50 6.50 7.00 7.00 6.50 6.50 6.50 6.50 6.50 6.50 7.00 7.00 6.50 6.50 6.50 6.50 7.00 7.00 6.50 6.50 6.50 6.50 6.50 6.50 8.00 8.00 10.50 10.50 7.00 7.00 7.50 7.50 6.50 6.50 6.50 6.50 7.50 7.50 7.00 7.00 8.50 8.50 9.00 9.00 City of Eagle Check Check Issue Date Number Payee Check Register - Transparency Version Page: 3 Check Issue Dates: 11/26/2013 - 12/9/2013 Dec 09, 2013 01:40PM Invoice Invoice Invoice GL Invoice Check Sequence GL Account Account Title Amount Amount 12/09/2013 11914 Ada County Treasurer 1 ch 01-0413-29-00 REAL PROPERTY TAXES/CITY 9.00 9.00 Total 11914: 208.00 11915 • 12/09/2013 11915 Adam & Rebecca Stein 1 ch 60-0220-00-00 WATER/SERVICE DEPOSITS 75.00 75.00 Total 11915: 75.00 11916 12/09/2013 11918 Albertson's 4182 Total 11916: 11917 12/09/2013 11917 Alden & Tammy Sutherland Total 11917: 11918 12/09/2013 11918 Alsco 12/09/2013 11918 Alsco 12/09/2013 11918 Alsco 12/09/2013 11918 Alsco 1 ch 11-0422-01-00 PUBLIC RELATIONS 1 ch 99-0107-00-00 CASH CLEARING -UTILITY BILLING 1 ch 15-0444-03-00 CUSTODIAL SERVICES 1 ch 15-0442-03-00 CUSTODIAL SERVICES 1 ch 15-0444-03-00 CUSTODIAL SERVICES 1 ch 15-0442-03-00 CUSTODIAL SERVICES 60.61 60.61 60.61 29.70 29.70 29.70 31.25 66.63 31.25 66.83 31.25 66.63 31.25 66,63 Total 11918: 195.76 11919 12/09/2013 11919 Analytical Laboratories, Inc. 12/09/2013 11919 Analytical Laboratories, Inc. 1 ch 60-0435-56-00 TESTING -WKLY, MO. QTR, ANNUAL 60.00 60.00 1 ch 60-0435-56-00 TESTING -WKLY. MO, QTR, ANNUAL 1,427.00 1,427.00 Total 11919: 1,487.00 11920 12/09/2013 11920 Baldwin & Associates, Inc 12/09/2013 11920 Baldwin & Associates, Inc 12/09/2013 11920 Baldwin & Associates, Inc. 12/09/2013 11920 Baldwin & Associates, Inc 12/09/2013 11920 Baldwin & Associates, Inc 12/09/2013 11920 Baldwin & Associates, Inc 12/09/2013 11920 Baldwin & Associates, Inc. 12/09/2013 11920 Baldwin & Associates, Inc. 1 ch 01-0413-05-00 OFFICE EXPENSES 1 ch 01-0413-05-00 OFFICE EXPENSES 1 ch 12-0413-05-00 OFFICE EXPENSES 1 ch 01-0413-05-00 OFFICE EXPENSES 1 ch 60-0434-15-00 OFFICE SUPPLIES 1 ch 14-0413-05-00 OFFICE EXPENSES 1 ch 12-0413-05-00 OFFICE EXPENSES 1 ch 01-0413-05-00 OFFICE EXPENSES 11.67 11.67 19.44 19.44 11.15 11.15 52.08 52.08 46.23 46.23 42.90 42.90 10.51 10.51 163.22 163.22 Total 11920: 357.20 11921 12/09/2013 11921 Boise Office Equipment Total 11921: 11922 12/09/2013 11922 Canyon Windshield Repair Total 11922: 11923 12/09/2013 11923 Cascade Fence Co. 1 ch 01-0413-23-00 MTNC-REPAIR/OFFICE EQUIP/FURN 106.00 106.00 106.00 1 ch 60-0420-03-00 VEHICLE MTNC & REPAIR 200.00 200.00 200.00 1 ch 16-0446-02-00 REPAIR FENCE AROUND POND 75.60 75.60 City of Eagle Check Register - Transparency Version Page: 4 Check Issue Dates: 11/26/2013 - 12/9/2013 Dec 09, 2013 01:40PM Check Check Invoice Invoice Invoice GL Invoice Check Issue Date Number Payee Sequence GL Account Account Title Amount Amount Total 11923• 75.60 11924 12/09/2013 11924 Caselle, Inc. 12/09/2013 11924 Caselle, Inc. Total 11924: 11925 12/09/2013 11925 CenturyLink -29040 12/09/2013 11925 CenturyLink -29040 1 ch 60-0434-55-00 CASELLE SUPPORT 184.75 184 75 2 ch 01-0413-23-00 MTNC-REPAIR/OFFICE EQUIP/FURN 554 25 554.25 739.00 1 ch 01-0413-19-00 TELEPHONE & COMMUNICATIONS 97.73 97.73 1 ch 07-0462-52-00 MUSEUM UTILITIES 106.42 106.42 Total 11925: 204.15 11926 12/09/2013 11926 Chevron 12/09/2013 11926 Chevron 12/09/2013 11926 Chevron 12/09/2013 11926 Chevron 12/09/2013 11926 Chevron 12/09/2013 11926 Chevron 1 ch 13-0417-02-00 FUEL COSTS 2 ch 15-0413-26-00 GAS AND OIL 3 ch 60-0420-01-00 FUEL & LUBRICANTS 4 ch 60-0420-01-00 FUEL & LUBRICANTS 5 ch 15-0413-26-00 GAS AND OI L 6 ch 15-0413-26-00 GAS AND OIL 259.67 259,67 114.89 114.89 85.20 85.20 867.35 867.35 40 18 40 18 87 15 87.15 Total 11926: 1,454.44 11927 12/09/2013 11927 Clearwire 1 ch 60-0434-19-00 TELEPHONE & COMMUNICATIONS 44.99 44.99 Total 11927: 44.99 11928 12/09/2013 11928 Cox Mechanical 12/09/2013 11928 Cox Mechanical Total 11928: 11929 12/09/2013 11929 D&B Supply 12/09/2013 11929 D&B Supply Total 11929: 1 ch 16-0416-07-00 HVAC MTNC CONTRACT 451.00 1 ch 16-0416-07-00 HVAC MTNC CONTRACT 451.00 451.00 451.00 902.00 1 ch 16-0415-01-00 AWIN MGMT (BFI) ED/ADD SRVS 1,292.76 1,292.76 1 ch 60-0434-68-00 UNIFORMS - LAUNDRY 79.99 79.99 1,372.75 11930 12/09/2013 11930 DEBEST PLUMBING INC. 1 ch 13-0413-29-04 PLUMBING PERMIT REFUND 391.60 391.60 Total 11930: 391.60 11931 12/09/2013 11931 Dennis Holte 1 ch 13-0416-09-00 PLUMBING INSPECTIONS 4,478.57 4,478.57 Total 11931. 4,478.57 11932 12/09/2013 11932 DigLine Total 11932 1 ch 60-0434-44-00 DIG LINE 63.82 63.82 63.82 City of Eagle Check Check Issue Date Number 11933 12/09/2013 11933 12/09/2013 11933 12/09/2013 11933 12/09/2013 11933 Total 11933: Payee Don Aslett's Cleaning Center Don Aslett's Cleaning Center Don Aslett% Cleaning Center Don Aslett% Cleaning Center 11934 12/09/2013 11934 Drugfree Idarno Total 11934: 11935 12/09/2013 11935 Eagle Auto Parts Total 11935: 11936 12/09/2013 11936 12/09/2013 11936 12/09/2013 11936 12/09/2013 11938 12/09/2013 11936 Total 11936 Eagle Sewer District Eagle Sewer District Eagle Sewer District Eagle Sewer District Eagle Sewer District 11937 12/09/2013 11937 Edward & Barbara Lasky Total 11937: 11938 12/09/2013 11938 Evan's Building Center 12/09/2013 11938 Evan's Building Center 12/09/2013 11938 Evan's Budding Center 12/09/2013 11938 Evan's Building Center 12/09/2013 11938 Evan's Building Center 12/09/2013 11938 Evan's Building Center 12/09/2013 11938 Evan's Building Center 12/09/2013 11938 Evan's Building Center 12/09/2013 11938 Evan's Building Center 12/09/2013 11938 Evan's Building Center 12/09/2013 11938 Evan's Building Center Total 11938: 11939 12/09/2013 11939 Great Sky Estates Total 11939 11940 12/09/2013 11940 HD Supply Waterworks, Inc 12/09/2013 11940 HD Supply Waterworks, Inc. Check Register - Transparency Version Check Issue Dates: 11/26/2013. 12/9/2013 Invoice Invoice Sequence GL Account 1 ch 1 ch 1 ch 1 ch Invoice GL Account Title 15-0437-26-00 PAPER PRODUCTS 15-0437-26-00 PAPER PRODUCTS 15-0437-26-00 PAPER PRODUCTS 15-0437-26-00 PAPER PRODUCTS 1 ch 06-0217-07-00 LIBRARY HEALTH INSURANCE 1 ch 15-0437-23-00 MISC MTNC/RPR GROUNDS 1 ch 01-0413-16-00 UTILITIES/NEW CITY HALL 1 ch 15-0449-06-00 UTILITIES 1 ch 07-0482-52-00 MUSEUM UTILITIES 1 ch 15-0452-06-00 UTILITIES 2 ch 15-0450-06-00 UTILITIES 1 ch 60-0220-00-00 WATER/SERVICE DEPOSITS 1 ch 15-0442-01-00 1 ch 60-0434-58-01 1 ch 15-0437-25-00 1 ch 15-0444-01-00 1 ch 15-0444-01-00 1 ch 15-0442-01-00 1 ch 15-0437-24-00 1 ch 15-0444-01-00 1 ch 15-0437-25-00 1 ch 15-0437-25-00 1 ch 15-0437-25-00 MAINTENANCE & REPAIR RPR/MTNC PUMPS-WELLS-CHEMICA MATERIALS & SUPPLIES MAINTENANCE & REPAIR MAINTENANCE & REPAIR MAINTENANCE & REPAIR HOLIDAY LIGHTING MAINTENANCE & REPAIR MATERIALS & SUPPLIES MATERIALS & SUPPLIES MATERIALS & SUPPLIES 1 ch 15-0455-06-00 UTILITIES 1 ch 60-0438-09-00 METER REPLACEMENT PROGRAM 1 ch 60-0434-58-00 RPR/MTNC-LINES-METERS-ETC Page: 5 Dec 09, 2013 01:40PM Invoice Check Amount Amount 255.82 129.05 161.00 798.53 17.60 10.69 136.00 34.00 34.00 17.00 17 00 75.00 4.48 49.16 28.98 4.16 6.66 4.98 8.96 51.27 22.48 50.71 32.39 189.64 6,468.00 255.62 129.05 161.00 798.53 1,344.20 17.60 17.60 10.69 10.69 138.00 34.00 34.00 17.00 17.00 238.00 75.00 75.00 4.48 49.16 28.98 4.16 6.66 4.98 8.96 51.27 22.48 50.71 32.39 264.23 189.64 189.64 6,468.00 38.08 38.08 City of Eagle Check Register - Transparency Version Page: 6 Check Issue Dates: 11/26/2013 - 12/9/2013 Dec 09, 2013 01:40PM Check Check Invoice Invoice Invoice GL Invoice Check Issue Date Number Payee Sequence GL Account Account Title Amount Amount Total 11940- 6,506.08 11941 12/09/2013 11941 Horton, Sheri 1 ch 01-0413-05-00 OFFICE EXPENSES 34.95 34.95 Total 11941: 34.95 11942 12/09/2013 11942 Idaho Humane Society, Inc. 1 ch 01-0416-06-00 IDAHO HUMANE SOCIETY 3,938.67 3,938.67 Total 11942: 3,938.67 11943 12/09/2013 11943 Idaho Power Co. -Processing Ctr 1 ch 15-0441-08-00 STREET LIGHTS -UTILITIES 5.28 5.28 Total 11943: 5.28 11944 12/09/2013 11944 Idaho Recreation & Park Assoc. 1 ch 15-0413-28-00 RESOURCE MATERIALS 50.00 50.00 Total 11944: 50.00 11945 12/09/2013 11945 Idaho Transportation Dept. 1 ch 15-0413-24-00 MTNC-REPAIR VEHICLES 69.00 69.00 Total 11945: 69.00 11946 12/09/2013 11946 tDWR Total 11946: 11947 12/09/2013 11947 Integra Total 11947: 11948 12/09/2013 11948 Intermountain Gas Company 12/09/2013 11948 tntermountain Gas Company Total 11948. 11949 12/09/2013 11949 James Reynolds Total 11949 11950 12/09/2013 11950 Jeff & Germaine Gardner 1 ch 60-0434-58-01 RPRIMTNC PUMPS-WELLS-CHEMICA 582.93 582.93 1 ch 01-0413-19-00 TELEPHONE & COMMUNICATIONS 582.93 887.36 887.36 887.36 1 ch 01-0413-16-00 UTILITIES/NEW CITY HALL 803.00 803.00 1 ch 07-0462-52-00 MUSEUM UTILITIES 68.95 68.95 1 ch 11-0413-24-00 Vehicle Expense 1 ch 60-0220-00-00 WATER/SERVICE DEPOSITS 871.95 23.84 23.84 23.84 75.00 75.00 Total 11950* 75.00 11951 12/09/2013 11951 K&T Maintenance 1 ch 15-0445-03-00 CUSTODIAL SERVICES 165.00 165.00 12/09/2013 11951 K&T Maintenance 1 ch 15-0444-03-00 CUSTODIAL SERVICES 2,315.00 2,315.00 City of Eagle Check Register - Transparency Version Page: 7 Check Issue Dates: 11/26/2013 - 12/9/2013 Dec 09, 2013 01:40PM Check Check Invoice Invoice Invoice GL Invoice Check Issue Date Number Payee Sequence GL Account Account Title Amount Amount 12/09/2013 11951 K&T Maintenance 1 ch 15-0443-03-00 CUSTORIAL SERVICES 1,360.00 1,360.00 12/09/2013 11951 K&T Maintenance 1 ch 15-0442-03-00 CUSTODIAL SERVICES 1.725.00 1,725.00 Total 11951: 5,585.00 11952 12/09/2013 11952 Karey Thompson 1 ch 60-0220-00-00 WATER/SERVICE DEPOSITS 47.25 47.25 Total 11952: 47.25 11953 12/09/2013 11953 Lexisnexis Matthew Bender 1 ch 01-0413-28-00 RESOURCE MATERIALS 440.51 440.51 12/09/2013 11953 Lexisnexis Matthew Bender 1 ch 01-0413-28-00 RESOURCE MATERIALS 101.43 101 43 Total 11953 541 94 11954 12/09/2013 11954 M2 Automation & Control Sery 1 ch 16-0465-02-00 LIBRARY SECURITY CAMERA 6,143.19 6,143.19 Total 11954: 6,143.19 11955 12/09/2013 11955 Mary Defayette 1 ch 01-0413-13-00 TRAVEL & PER DIEM 81.36 81.38 Total 11955: 81.36 11956 12/09/2013 11956 Mimura & Associates 1 ch 01-0416-05-01 Attorney • Terrain park 3,637.00 3,637.00 12/09/2013 11956 Mimura & Associates 1 ch 01-0416-05-00 PROSECUTOR 4,450.00 4,450 00 Total 11956: 8,087 00 11957 12/09/2013 11957 National Benefit Services, LLC 12/09/2013 11957 National Benefit Services, LLC 12/09/2013 11957 National Benefit Services, LLC 12/09/2013 11957 National Benefit Services, LLC 12/09/2013 11957 National Benefit Services, LLC 12/09/2013 11957 National Benefit Services, LLC 12/09/2013 11957 National Benefit Services, LLC 1 ch 06-0461-23-01 COBRA ADMIN FEE 2 ch 16-0433-23-01 HRA ADMIN FEE 3 ch 12-0415-23-01 COBRA ADMIN FEE 4 ch 13-0415-23-01 COBRA ADMEN FEE 5 ch 01-0415-23-01 HRA ADMIN FEE 6 ch 14-0415-23-01 COBRA ADMIN FEE 7 ch 60-0433-23-01 COBRA ADMIN FEE 24.00 24.00 12.00 12.00 9.00 9.00 9.00 9.00 3.00 3.00 15.00 15.00 9.00 9.00 Total 11957 81.00 11958 12/09/2013 11958 NCPERS IDAHO 12/09/2013 11958 NCPERS IDAHO 12/09/2013 11958 NCPERS IDAHO 12/09/2013 11958 NCPERS IDAHO 12/09/2013 11958 NCPERS IDAHO 12/09/2013 11958 NCPERS IDAHO 12/09/2013 11958 NCPERS IDAHO Total 11958: 1 ch 60-0217-07-00 WATER DEPT HEALTH INSURANCE 2 ch 14-0217-07-00 P&Z DEPT HEALTH INSURANCE 3 ch 12-0217-07-00 CLERK DEPT HEALTH INSURANCE 4 ch 11-0217-07-00 EXEC DEPT HEALTH INSURANCE 5 ch 13-0217-07-00 BLDG DEPT HEALTH INSURANCE 6 ch 06-0217-07-00 LIBRARY HEALTH INSURANCE 7 ch 16-0217-07-00 HEALTH INSURANCE 48.00 48.00 80.00 80.00 48.00 48.00 16 00 16.00 48.00 48.00 128.00 128.00 48.00 48.00 416.00 11959 12/09/2013 11959 Nichoel Baird Spencer 1 ch 14-0413-13-00 TRAVEL & PER DIEM 95.54 95 54 City of Eagle Check Check Issue Date Number Total 11959: Payee 11960 12/09/2013 11960 Rimi, Inc.- Terry Medley Total 11960. 11961 12/09/2013 11961 Schneider Custom Homes. Inc. Total 11961: 11962 12/09/2013 11962 Shred -it - USA -Boise Total 11962: 11963 12/09/2013 11963 12/09/2013 11963 12/09/2013 11963 12/09/2013 11963 12/09/2013 11963 12/09/2013 11963 12/09/2013 11983 Total 11963: 11964 12/09/2013 12/09/2013 12/09/2013 Summer Lawns. Inc. Summer Lawns, Inc. Summer Lawns, Inc. Summer Lawns. Inc Summer Lawns, Inc. Summer Lawns, Inc. Summer Lawns, Inc. 11964 Tates Rents 11984 Tates Rents 11964 Tates Rents Total 11964 11965 12/09/2013 11965 Teri Vofenwieder Total 11965: 11966 12/09/2013 11966 The Independent News Total 11966: 11967 12/09/2013 12/09/2013 12/09/2013 11967 Valley Times 11967 Valley Times 11967 Valley Times Total 11967 11968 12/09/2013 11968 VatleyRide 12/09/2013 11968 ValleyRide Check Register - Transparency Version Check Issue Dates: 11/262013 - 12/9/2013 Invoice Invoice Sequence GL Account Invoice GL Account Title Invoice Amount Page: 8 Dec 09, 2013 01:40PM Check Amount 95.54 1 ch 13-0416-11-00 MECHANICAL INSPECTOR 5,808.88 5,808.88 1 ch 14-0413-26-00 REIMBURSE-ANNEX/ZONING/DR FEE 1 ch 01-0413-05-00 OFFICE EXPENSES 75.86 5,808.88 823.80 823.80 1 ch 15-0437-23-00 1 ch 15-0437-21-00 2 ch 15-0437-20-00 1 ch 15-0442-01-00 1 ch 15-0454-01-00 1 ch 16-0454-05-00 1 ch 15-0444-01-00 1 ch 1 ch 1 ch MISC MTNC/RPR GROUNDS FULL TIME GEN MTNC STAFF GEN MTNC PARKS -PATHWAYS MAINTENANCE & REPAIR MAINT & REPAIR LANDSCAPING ALONG ROADWAYS MAINTENANCE & REPAIR 09-0463-05-00 PUBLIC ART PROJECTS 09-0463-05-00 PUBLIC ART PROJECTS 15-0437-29-00 GREENBELT PATHWAY MTNC/RPR 1 ch 60-0220-00-00 WATER/SERVICE DEPOSITS 1 ch 09-0463-15-00 CHRISTMAS MARKET 1 ch 14-0413-08-00 LEGAL ADS & PUBLICATIONS 2 ch 09-0463-05-00 PUBLIC ART PROJECTS 1 ch 14-0413-08-00 LEGAL ADS & PUBLICATIONS 1 ch 01-0413-14-00 PROFESSIONAL DUES 2 ch 01-0468-10-00 VRT HWY 44 EXPRESS 823.80 75.86 75.86 150.00 150 00 5,000.00 5.000.00 9,774.33 9,774.33 988.22 988.22 40.00 40.00 30, 884.00 30,884.00 85.00 85.00 52.83 353.80 2.49 75.00 46,921 55 52.83 353.80 2.49 409.12 75.00 75.00 291.00 291.00 418.00 64.80 84.48 7,457.00 16,281.00 291.00 418.00 64.80 84.48 567.28 7,457.00 16,281.00 City of Eagle Check Register - Transparency Version Page: 9 Check Issue Dates: 11/26/2013 - 12/9/2013 Dec 09, 2013 01:40PM Check Check Invoice Invoice Invoice GL Invoice Check Issue Date Number Payee Sequence GL Account Account Title Amount Amount Total 11968 11969 12/09/2013 11969 Verizon Wireless 12/09/2013 11969 Venzon Wireless 12/09/2013 11969 Verizon Wireless 12/09/2013 11969 Verizon Wireless Total 11969: 1 ch 11-0413-19-00 TELEPHONE & COMMUNICATIONS 2 ch 80-0434-19-00 TELEPHONE & COMMUNICATIONS 3 ch 16-0413-19-00 TELEPHONE & COMMUNICATIONS 4 ch 13-0413-19-00 TELEPHONE & COMMUNICATIONS 11970 12/09/2013 11970 Wright Brothers 1 ch 15-0437-29-00 GREENBELT PATHWAY MTNC/RPR Total 11970: Grand Totals: Dated: Mayor: City Council: Report Criteria: Report type: GL detail 23,738.00 92.22 92.22 197 50 197.50 276.83 276.83 202.94 202.94 769.49 4.900.00 4,900.00 4,900.00 380,662.68 Chapter 1 Planning & Zoning Recommendation 9/16/2013 I. Establish the permitted uses and minimum standards for each category of residential and nonresidential use; J. Identify and define standards for uses which may occur in each of the land use categories; K. Ensure that development and subdivision are consistent with the PADA, this title, Eagle City Code in effect as of December 21, 2012 and not superseded by this title, and the Eagle Comprehensive Plan; and; L. Establish a review and approval process for the development of Spring Valley. 11-1-3: APPLICABILITY This Title governs the development and administration of Spring Valley, as shown in the PADA. Any amendments to this Title 11 must be consistent with the PADA. Where uses arise that are not covered in this Title except as provided in the PADA, the use shall be prohibited. This Title shall not apply to land not incorporated within the PADA. A. Scope And Content: This Title shall consist of the text hereof and the approved PADA, as it may be amended from time to time. City: M3: Agree. Revise as: This Title shall consist of the text hereof:,and #QE approved -f' -ADA, as it may -be amended from time to time Comment: The PADA is not part of Title 11. The PADA is a separate contract with the City and, in the event of a conflict with Title 11 and the PADA, the PADA will control. Further, the PADA contains planning guidance for Spring Valley; this planning guidance is not part of the codified Title 11. B. Flexibility: The PADA, and this article are intended to depict the general nature and relative intensity of residential and nonresidential development in the Spring Valley development, while allowing flexibility at the time of detailed planning and platting so that the overall goals, policies, purpose, and intent of the PADA and the Eagle Comprehensive Plan as provided within the PADA and this article can be achieved. C. Conflict Of Laws: In their interpretation and application, the provisions of this article shall be exclusive requirements under this code for development within Spring Valley. D. Phased Development: This article is intended to regulate all development and improvement of Spring Valley, but is not intended to regulate the bulk sale and conveyance of raw land to subdevelopers. Subdevelopers intending to develop land within Spring Valley, or any portion thereof, are subject to the PADA and this article. E. Changes to Spring Valley Property Boundary: From time to time, the Spring Valley property boundary may change due to additions of property into Spring Valley. Such changes shall be Chapter 1 - DEVELOPMENT STANDARDS INTERPRETATION & DEFINITIONS Page 2 S:1Docs1M3 Eagle L.L.C1Development Issues 20131APPLITitle 11 Ch 1 (P&Z Rec) 11-27-13.docx Chapter 1 Planning & Zoning Recommendation 9/16/2013 Golf Clubhouse: The primary building on a golf course typically containing a pro shop and providing personal services for golfers and which may also contain a restaurant and snack bar, bar. locker rooms, banquet facilities, meeting rooms and lounge area. Grading Guidelines and Hillside Development Standards: A document, approved by the City that establishes principles and specific techniques to guide grading, improvement design and site development on hillsides and other areas within Spring Valley. City: "Grading Guidelines and Hillside Development Standards" are those certain Grading Guidelines and Hillside Development Standards. approved bv City for Spring Valley on November 24. 2009. in connection with Eaale City file number RZ-19-6 MOD. and attached to the development aareement as Exhibit L. M3: "Grading Guidelines and Hillside Development Standards are-tThose certain Grading Guidelines and Hillside Development Standards, approved by City for Spring Valley on November 24, 2009, in connection with Eagle City file number RZ-19-6 MOD, and attached to the development agreement as Exhibit Mh. Comment: M3 agrees with staff with editing changes. Gross Floor Area (GFA): The total amount of floor area within a building, as measured from the inside surface of the exterior walls, but excluding any floor area devoted to the following: 1. Mechanical, electrical, or communication equipment or uses as may be required for the operation of the building, including elevators and stairwells 2. Parking and circulation space for motor vehicles 3. Exterior balconies Habitat Mitigation Plan: A document, approved by the City, that provides restrictions and conditions, long-term management goals, and guidance and implementation measures to address development within Habitat Areas of Special Concern within Spring Valley as identified in the Pre -Annexation and Development Agreement. City: "Habitat Mitigation Plan" is that certain Habitat Mitigation Plan. dated November 12. 2010, reviewed and provided with an adeauacv statement bv Citv's consultant and presented to Citv's Council on January 11, 2011, which Habitat Mitigation Plan is attached to the development aareement as Exhibit M. M3: tHabitat Mitigation Plan _:-is tThat certain Habitat Mitigation Plan, dated November 12, 2010, reviewed and provided with an adequacy statement by City's consultant and presented to City's Council on January 11, 2011, which Habitat Mitigation Plan is attached to the development agreement as Exhibit MN. Comment: M3 agrees with staff with editing changes. Chapter 1 - DEVELOPMENT STANDARDS INTERPRETATION & DEFINITIONS Page 8 S:1Docs1M3 Eagle L.L.C1Development Issues 20131APPL\Title 11 Ch 1 (P&Z Rec) 11-27-13.docx Chapter 1 Planning & Zoning Recommendation 9116/2013 Laboratory: An establishment providing medical or dental laboratory services, or establishments with Tess than 2,000 square feet providing photographic, analytical, or testing services. Laundromat: A business providing self-service cleaning facilities for clothing and other fabric articles. Liquor Store: An establishment for the retail or wholesale sales of packaged liquor and alcohol and where no consumption takes place on the premises. Such use shall be regulated by Eagle City Code and Idaho Code. Living Quarters, Accessory: A structure located on the same lot as, and is subordinate to, the principal residential dwelling, and which may be attached or detached from the principal dwelling, and which may provide living accommodations with provisions for eating, sanitation, and sleeping for occupants, or guests of occupants of the principal dwelling, their domestic employees, tenants or caregivers, but does not include cooking facilities (220v wiring). Accessory living quarters may include a guesthouse, casita, or caretaker/domestic unit and may be located in the front, side or rear yard of the lot or may be above a garage. Direct access from the principal dwelling is not required. Accessory living quarters are not considered dwelling units and do not count toward maximum density calculations within the PADA. Accessory living quarters require a zoning permit when modified or developed separately from the principal dwelling. M3 Eagle: The original and temporary name for Spring Valley that was used during the planning and approval process with the City of Eagle. City: M3: Delete definition. M3 Eagle was the original and Agree. temporary name for Spring Valley that was used during the planning and approval process with the City of Eagle. Manufacturing, Light: Industrial uses which are usually controlled operations; relatively clean, quiet and free of objectionable or hazardous elements such as smoke, noise, odor or dust; operating and storing within enclosed structures and generating little industrial traffic and no nuisances. Master Developer: The M3 Companies L.L.C., an Arizona limited liability company, and all its successors in title and interest. Master Drainage Study: That certain Preliminary Master Drainage Study, dated June 14, 2006, as may be amended from time to time. Master Habitat Study: That certain Final Habitat Study and Natural Features Analysis, dated June 2006, as may be amended from time to time. Master Plan: The overall plan and program for Spring Valley as approved by the City and described in the PADA. Master Traffic Study: That certain Traffic Impact Study, dated June 26, 2006, as may be amended from time to time. Master Wastewater Study: That certain Preliminary Master Wastewater Study, dated June 14, 2006, as may be amended from time to time. Chapter 1 - DEVELOPMENT STANDARDS INTERPRETATION & DEFINITIONS Page 10 S:IDocs1M3 Eagle L.L.C1Development Issues 20131APPL\Title 11 Ch 1 (P&Z Rec) 11-27-13.docx Chapter 2 Planning & Zoning Recommendation 9/16/2013 CHAPTER 2: PERMITTED USES 11-2-1: ALLOWED USES: 11-2-2: LAND USE DISTRICTS 11-2-3: LAND USE STANDARDS: 11-2-4: SETBACKS AND GENERAL LOT DEVELOPMENT REGULATIONS: 11-2-1 ALLOWED USES: Spring Valley is an approximately 6,017 acres planned -community located in the North Eagle Foothills and will contains mix of residential, commercial, employment, public, institutional, civic, service, recreational and open space uses. The zoning of the site is Residential One with a Development Agreement (R -1 -DA) as identified on the City of Eagle's official Zoning Map in ECC 8-2. The maximum development intensity for the site is 7,153 residential units and 245 acres of non-residential uses. City: M3: The maximum development intensity for the site is 1 7,153 7,160 residential units and 245 acres of non- residential uses. Comment: The maximum density is 7,160 due to the addition of 10 acres to the development agreement, which 10 acres are adjacent to Spring Valley and have been annexed into the City. 11-2-2 LAND USE DISTRICTS Comment: Agree. Each Planning Unit Master Plan (PUMP) shall identify the Land Use District(s) proposed on each parcel in accordance with Section 11-6 of this Title. The following Land Use Districts are found within Spring Valley: A. Village Center. The Village Center (VC) district is the heart of the community and the main activity center for Spring Valley and is designed to accommodate commercial, community, residential and cultural activities. This district may include shopping, business and professional offices, research and development, hotel and resort uses, vineyards and wineries, cultural, educational, civic, community facilities, and parks and recreational facilities to serve the entire Spring Valley population. Medium to high density residential areas may be included as a secondary use and residential units may be stacked vertically above business uses. B. Mixed Use. Mixed Use districts are comprised of Highway Mixed Use (HMU) and Mixed Use (MU) and are intended to provide a variety and mixture of retail, business, residential and employment opportunities for Spring Valley and area residents. The HMU district is located next to State Highway 16 at the northern entrance to Spring Valley and the MU district is located interior to the community. The HMU district is designed to provide highway -oriented businesses as well as similar and more intensive uses than found in the MU district. These districts will accommodate office, flex space, light manufacturing, research and development, shopping, business, lodging, professional and support commercial services, primary, secondary and higher educational facilities, parks and recreation facilities, vineyards and wineries, and residential uses. C. Commercial. Commercial districts are intended to provide commercial facilities designed for use by community or area residents that will provide most of the daily and weekly support services that Chapter 2 — Permitted Uses - Page 1 S:1Docs1M3 Eagle L.L.C1Development Issues 20131APPLITitle 11 Ch 2 (P82 Rec) 11-27-13.docx 1 Chapter 2A Planning & Zoning Recommendation 9/16/2013 City: M3: Agree. All spires, poles, antennas, steeples, towers, and any other such structures shall be limited to the maximum height as established in Section 11-2-4.B.2 and tables 2.2 through 2.4 of Title 11, Chapter 2. Additional height may be permitted if a conditional use permit is approved by the city council. Comment: As noted by Staff at the Commission's hearing, a corresponding section in Chapter 2A needs to be modified to be consistent with Section 11-2-4.B.2. C. Streetscape: Streetscape improvements are to include street trees, streetlights, pedestrian lighting, bollards, public art, kiosks and furnishings. In areas anticipated to have higher concentrations of pedestrian use wider sidewalks and a further varied number of amenities are to be made available to enhance the pedestrian experience and to further encourage the health of the business community. Examples of streetscape design and amenities are shown within the EASD book and in the Urban Streets Standards, Exhibit 4-E of this Chapter. At a minimum, the following specific streetscape criteria shall apply: 1. Street trees shall comply with the requirements contained in Chapter 7 of this article. Any tree located within a concrete area shall include tree grates and tree wells as depicted on the tree well and tree grate exhibit within the EASD book. Root barriers shall be required to limit future sidewalk damage from tree roots. 2. Bollard style pedestrian lighting shall be required along all pathways not illuminated by street and/or site lighting. 3. Bollards or other approved treatment such as street trees, planters, benches or special paving , as approved by the Design Review Board, shall be required at all bulb outs. 4. Public art is encouraged and/or areas should be made available for the placement of public art in the future. 5. Furnishings shall be required for all applications incorporating streetscape improvements, pedestrian areas and/or plaza areas. Furnishings may include flagpoles, benches, seating/tables, planters, bike racks, outdoor clocks, drinking fountains, wall lamps, waste receptacles and other similar amenities as may be approved by the design review board. Furnishing examples are depicted within "urban accessories" section of the EASD book. 11-2A-7 LANDSCAPE AND BUFFER AREA REQUIREMENTS: A. Overview and Intent: The existing (non-developed) landscape character of Spring Valley, and much of the North Eagle Foothills, is predominantly non-native grasslands with some shrubs and agriculture and is quite different from the rest of Eagle and the Boise River corridor which contain dense plantings and Targe buffer areas along arterials and collector roadways, irrigated pastures, and riparian woodlands. The intent of these standards is to provide a landscape character that is Chapter 2A -- Design Review -Page 7 S:1Docs1M3 Eagle L.L.C1Development Issues 2013\APPL1Title 11 Ch 2A (P&Z Rec) 11-27-13.docx Chapter 3 Planning & Zoning Recommendation 9/16/2013 property line in a straight line. The use shall be buffered from the residential property by a solid wall or fence, or berm(s) and landscape, or a combination of both, pursuant to Section 2A of this title. 2. No more than one manager's or security residence is permitted. Such residence shall not be considered a dwelling unit for the purposes of calculating residential density for Spring Valley. 3. No more than twenty percent (20%) of the gross area of the site may be used for outdoor storage and shall meet the requirements for Outdoor Storage in this section. 4. No commercial activities, other than those included for the operation of the facility, shall be conducted on the site. 5. Retail sale of stored items on the premises is prohibited. 6. The commercial repair of motor vehicles, boats, trailers and other like vehicles is prohibited. 7. The operation of spray painting equipment, power tools, welding equipment or other similar equipment is prohibited. 8. The production, fabrication or assembly of products is prohibited. BBB. Wireless Communication Facilities: Wireless communication facilities and towers shall comply with the following:. Personal Wireless Facilities, Spires, Poles, Antennas, Steeples, Towers, And Other Such Structures: 1. Towers In Zoning Districts: Personal wireless facilities including towers supporting amateur radio antennas shall be prohibited in all residential land use districts. City: M3: Agree. Personal wireless facilities including towers supporting amateur radio antennas shall be prohibited in all residential land use districts. Personal wireless facilities shall be camouflaged or concealed, not readily identifiable as such. designed to be aesthetically compatible with existing and proposed uses on the site in all residential zones. Comment: Language changed to be consistent with recent City revisions to Wireless Communications Facilities ordinance. Wireless antennas in non-residential and open space districts may be permitted to be attached to existing Tight standards and power line support devices (or replacement equivalent of same height) provided, however, the antenna(s) are either flush mounted or mounted in a manner that provide minimum visual impact. Notwithstanding the foregoing, all provisions of this subsection S shall be applicable to wireless antennas located on existing light standards and power line support devices. 2. Collocation Requirements: Chapter 3 - Specific Use Standards S:1Docs1M3 Eagle L.L.CIDevelopment Issues 20131APPL\Title 11 Ch 3 (P&Z Rec) 11-27-13.docx -Page 18 Chapter 3 Planning & Zoning Recommendation 9/16/2013 a. A proposal for a new commercial wireless telecommunication service tower in excess of feet (35') in height shall not be approved unless the city council finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within the following radii of the proposed tower: City: M3: Agree. A proposal for a telesemnunication service-toweriower mounted personal wireless facility in excess of feet (35') in height shall not be approved unless the city council finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within the following radii of the proposed tower: Comment: Language changed to be consistent with recent City revisions to Wireless Communications Facilities ordinance. (1) A two (2) mile radius for towers with a height over one hundred ten feet (110'). (2) A one mile radius for towers with a height over eighty feet (80') but not more than one hundred ten feet (110'). (3) A one-half (1/2) mile radius for towers with a height over fifty feet (50') but not more than eighty feet (80'). (4) A one-quarter (1/4) mile radius for towers with a height over thirty five feet (35') but not more than fifty feet (50'). b. It shall be the burden of the applicant to demonstrate that the proposed tower or antenna cannot be accommodated on an approved tower or building within the required search radius due to one or more of the following reasons: (1) Unwillingness of another tower or facility owner to entertain shared use. (2) The proposed collocation of an existing tower or facility would be in violation of any local, state or federal law. (3) The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost. (4) The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost. (5) Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer. (6) Other unforeseen reasons that make it unfeasible to locate the planned telecommunications equipment upon an existing or approved tower or building as documented by a qualified and licensed professional engineer, or other professional qualified to provide necessary documentation. c. Any proposed commercial wireless telecommunication service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two (2) additional users if the tower is over one hundred ten feet (110') in height, for at least 1 additional user if the tower is over fifty feet (50') in height. Chapter 3 - Specific Use Standards S:1Docs1M3 Eagle L.L.CIDevelopment Issues 20131APPLITitle 11 Ch 3 (P&Z Rec) 11-27-13.docx -Page 19 Chapter 3 Planning & Zoning Recommendation 9/16/2013 d. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. e. Personal wireless facilities proposed at a location which has an approved conditional use permit (approved after the effective date hereof) for an existing facility which was required to allow collocation shall not be required to obtain a separate conditional use permit as long as all the requirements of the previously approved conditional use permit will be complied with. Design Review, and subsequent building permit, will be required for any such proposal. 3. Tower And Antenna Design Requirements: a. All personal wireless facilities shall be required to obtain design review approval prior to construction. b. Towers and antennas shall be required to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the federal aviation administration. City: Agree. M3: the Burro inctanc adreiaistratien. Comment: Language changed to be consistent with recent City revisions to Wireless Communications Facilities ordinance. Language stricken is found elsewhere in this section BBB. c. Personal wireless facility towers shall be of a monopole design unless the city council determines that an alternative design would better blend into the surrounding environment. d. With the exception of necessary electric and telephone service and connection lines approved by the issuing authority, no part of any antenna or tower nor any lines, cable, equipment or wires or braces in connection with either shall at any time extend across or over any part of the right of way, public street, highway, sidewalk, or property line. e. Every tower affixed to the ground shall be protected to discourage climbing of the tower by unauthorized persons. The climbing pegs within the bottom twenty feet (20') of the tower shall be removed and shall only be used when the tower is being serviced. f. Metal towers shall be constructed of, or treated with, corrosive resistant material. g. Wood poles shall be impregnated with rot resistant substances. 4. Tower Setbacks: Chapter 3 - Specific Use Standards S:1Docs1M3 Eagle L.L.C1Development Issues 20131APPL\Title 11 Ch 3 (P&Z Rec) 11-27-13.docx -Page 20 Chapter 3 Planning & Zoning Recommendation 9/16/2013 a. Towers shall meet the setbacks of the underlying land use district with the exception of Mixed Use and Highway Mixed Use land use districts, where towers may encroach into the rear setback area, provided that the rear property line abuts another Mixed Use or Highway Mixed Use property and the tower does not encroach upon any easements. City: M3: Agree. The base of the personal wireless facility shall be set back a minimum distance of two times (2x) the heiaht of the tower from the property line of any residential dwelling. Comment: Language changed to be consistent with recent City revisions to Wireless Communications Facilities ordinance. b. If the tower does not exceed the height limitations of the land use district in which it is located, the tower shall meet the setback requirement of the land use district except as allowed in subsection S5a of this section. If the tower exceeds the height limit of the land use district in which it is located, the tower shall be set back one foot (1') for every ten feet (10') in total tower height. In either case, the tower shall be constructed to the telecommunications industry association/electronic industries association (TIA/EIA) 222 revision F standard entitled "Structural Standards for Steel Antenna Supporting Structures" or as hereinafter may be amended. Otherwise, the tower shall be located a minimum of one foot (1') for each foot of height from all property lines (the fall zone). No storage or structures other than the accessory utility buildings, are permitted in the fall zone, except as may be specifically permitted by the city council through a conditional use process. c. Towers shall be set back from all existing public right of way lines (or planned right of way lines if additional is to be acquired in the future) by a minimum distance equal to twice the height of the tower including all antennas and attachments. If this requirement conflicts with other setback requirements of this code the setback with the greater distance shall prevail, except as may be allowed in subsection S5e of this section. City: Agree. M3: Towers shall be set back from all existing public right of way lines (or planned right of way lines if additional is to be acquired in the future) by a minimum distance equal to twice the height of the tower including all antennas and attachments. If th' • . _ . .. - . c cf this -cede featerdistaec£ shall prevail, except as may -be -allowed in & be section. Comment: Language changed to be consistent with recent City revisions to Wireless Communications Facilities ordinance. d. Towers shall not be located between a principal structure and a public street. Chapter 3 - Specific Use Standards S:1Docs1M3 Eagle L.L.C1Development Issues 20131APPL1Title 11 Ch 3 (P&Z Rec) 11-27-13.docx -Page 21 Chapter 3 Planning & Zoning Recommendation 9/16/2013 e. A tower's setback may be reduced or its location in relation to a public street varied, at the sole discretion of the city council, to allow the integration of a tower into an existing or proposed structure such as a church steeple, light standard, power line support device, or similar structure. City: M3: Agree. 5. Tower Lighting, Signage, And Attachments: g. If this requirement conflicts with other setback requirements of this code the setback with the greater distance shall prevail. except as may be allowed in subsection BBB4f of this section. Comment: Language changed to be consistent with recent City revisions to Wireless Communications Facilities ordinance. Lettering reflects relettering following insertion above. 3 a. No antenna or tower shall have affixed or attached to it in any way, except during time of repair or installation, any stationary lights, strobe lights, reflectors, flashers, or other illuminating device, except as specifically required by the federal aviation administration, federal communications commission, or other federal or state authority. b. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower if approved by the city. c. The use of any portion of a tower for signs, other than warning or equipment information signs, is prohibited. d. No tower shall have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow's nest, or like structure, except during periods of construction or repair. 6. Amateur Radio Antennas: a. In accordance with the federal communications commission's preemptive ruling PRB 1, towers erected for the primary purpose of supporting amateur radio antennas may exceed thirty feet (30') in height provided that a determination is made by the city that the proposed tower height is technically necessary to successfully engage in amateur radio communications. A conditional use permit is required for any amateur radio antenna in excess of thirty five feet (35'). 7. Accessory Utility Buildings: a. All utility buildings and structures accessory to a tower are required to have design review approved by the city prior to construction. 8. Abandoned Or Unused Towers Or Portions Of Towers: a. As a condition of approval of any required conditional use permit for personal wireless facilities, all abandoned or unused towers and associated facilities shall be required to be removed within 60 days of cessation of use as a personal wireless facility unless a time extension is granted by the city. A copy of the relevant portions of a signed lease, which requires the applicant to remove the tower Chapter 3 - Specific Use Standards -Page 22 S:1Docs1M3 Eagle L.L.CIDevelopment Issues 20131APPLITitle 11 Ch 3 (P&Z Rec)11-27-13.docx Chapter 3 Planning & Zoning Recommendation 9/16/2013 duration, a condition limiting the duration and the basis for such a condition shall be included within the findings of fact and conclusions of law for the conditional use permit. 11. Additional Requirements For Notice Of Public Hearing: a. All personal wireless facilities requiring a conditional use permit shall comply with the conditional use notice requirements within this code with the following additional requirements: City: Agree. M3: All personal wireless facilities requiring a conditional use permit shall comply with the conditional use notice requirements within this code. Tower mounted personal wireless facilities shall comply with the following additional requirement: Comment: Language changed to be consistent with recent City revisions to Wireless Communications Facilities ordinance. (1) All property owners within one thousand feet (1,000') of all property lines of the site (or lease boundary lines, if applicable) shall be notified of the public hearing by the city, by mail, a minimum of fifteen (15) days before the scheduled public hearing. The applicant will be required to provide the names of the property owners to the city. (2) Any required public notice signs, to be located on a proposed site, shall be required to comply with the requirements for posting of a rezone/subdivision (minimum size of sign face to be 4 feet wide by 4 feet high). 12. Restricted Areas: a. Telecommunications towers in excess of thirty five feet (35') in height shall not be permitted within the "restricted area for telecommunications towers". Restricted area included State Highway 16 corridor, Willow Creek corridor, adjacent to the proposed Eagle Regional Park and anywhere a pole would be visible over the southern ridge of the M3/Spring Valley project and visible to the City of Eagle. City: Comment: The City has established by ordinance areas that they feel are location that wireless facilities should not be allowed or should be restricted in height to 35 feet or less. Staff feels the appointed/elected officials needed to address where these facilities would and would not be desired for the M3/Spring Valley Project. Where there may conflict between the community vision for entry and place making and wireless communication towers. Simply, where and when the taller towers would or would not be allowed. M3: igns, to be -le aced -en a-pnopesed-site, shall b FequiFements-fer pest' (minimum size ofc!gnface tebe4feet,•idebyAfeet - 12. Restricted Areas: nct be p manicctions towers" as shown on exhibit of -this -section, b-Telecem m Chapter 3 - Specific Use Standards S:1Docs1M3 Eagle L.L.CIDevelopment Issues 20131APPL Tiitle 11 Ch 3 (P&Z Rec) 11-27-13.docx t" " ppFeved -Page 24 Chapter 3 Planning & Zoning Recommendation 9/16/2013 Staffs initial recommendation is that a 35 foot height requirements be placed in the flowing locations: State Highway 16 corridor, Willow Creek Corridor, adjacent to the proposed Eagle Regional Park and any where a pole would be visible over the southern ridge of the M3/Spring Valley project and visible to the City of Eagle. ", "State ", "ccmp pian-induc strial", nd "ACHE) pond" all as Comment: It is understood that the North Foothills is designated in the Comprehensive Plan as a special area with scenic significance. The requirements provided in this section encourage Wireless Communication Facilities to be designed, sized and located in a manner that respects that significance. Likewise, the design, size and location are reviewed and approved by the City under the Conditional Use process. It is the goal to ensure that Spring Valley is adequately covered by reliable cellular service — a task that is made more difficult by the hilly terrain that can impede signals — and a task that is sometimes solved with tower height and location. Given the City's recent changes to its Wireless Facilities ordinance that promotes camouflaging, which changes are incorporated here, it is reasonable in the Spring Valley terrain to address towers on a case-by- case, conditional use basis. Note: A cellular tower already exists on Spring Valley property along SH16. Chapter 3 - Specific Use Standards -Page 25 S:1Docs1M3 Eagle L.L.C1Development Issues 20131APPL1TitIe 11 Ch 3 (P&Z Rec) 11-27-13.docx Chapter 6 Planning & Zoning Recommendation 9/16/2013 2) Upon making a recommendation the Commission shall specify in writing: a) The ordinances and standards used in evaluating the application; b) The facts submitted with the application and presented establishes that: i. The PUMP substantially conforms with each of the Spring Valley Master Plans; M3: Agree. City: i. The PUMP substantially conforms with: each of th ; the PADA and subsequent amendments: this Title: applicable master plans approved bv the City; and/or other applicable information reasonably relied on bv the City necessary to uphold the intent of the PADA and this Title: ii. Streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities, if any, will not generate traffic is such amounts as to overload the street network, iii. The proposed commercial/non-residential development is justified at the locations proposed and is consistent with the PADA; iv. The PUMP conforms to or is conditioned to conform to the applicable provisions of title 11 of Eagle City Code; and City: M3: iv,-ta-er is itieAeci Agree. usable-previcionc of Title 11 Ef Eagle City Code; and v. The information provided from the agencies having jurisdiction over public facilities needed for the site indicate that adequate public facilities exist, or are expected to be provided, to serve any and all uses allowed within the PUMP area. The Planning Unit will be served, or is conditioned to be served, by adequate public services. c) A summary of the current status of overall Planning Area density, Open Space, Community Centers, Neighborhood Centers, re -assignment of densities, and other adjustable factors as set forth in the PADA. 3) The recommendation, and the reasons for such recommendation, shall be stated in writing by the Administrator and forwarded to the applicant. The Administrator shall also forward the recommendation and the reasons for such recommendation, together with a copy of the PUMP application, to the City Council for the City Council's review and action. B. Action by City Council 1) Within fifteen (15) days after issuing a written decision, the Planning & Zoning Commission shall transmit its recommendation to the City Council. The City Council shall follow notice and hearing requirements set forth in section 11-7-13 of this Chapter. Within forty five (45) days after receipt of the Planning & Zoning Commission's recommendation, the City Council may approve, conditionally approve or deny a PUMP and shall specify in writing: Chapter 6- Planning Unit Master Plans Page 6 S:1DocsIM3 Eagle L.L.C1Development Issues 20131APPLITitle 11 Ch 6 (P&Z Rec) 11-27-13.docx Chapter 6 Planning & Zoning Recommendation 9/16/2013 a. The PADA and subsequent amendments, this Title, master plans approved by the city, or other applicable information reasonably relied on by the City necessary to uphold the intent of the PADA and this Title; City: M3: The PADA and subsequent amendments;i this Title;i applicable master plans approved by the city,; and/or other applicable information reasonably relied on by the City necessary to uphold the intent of the PADA and this Title; Agree. a. The reasons for approval or denial; City: M3: The reasons for approval or denial; and Agree. b. The actions, if any, that the applicant could take to obtain approval of the PUMP application. City: M3: The actions, if any, that the applicant could Agree. take to obtain a-apprl-ef the PUMP approvalapplication. 2) Approval shall not be construed to endorse a precise location of uses or configuration of parcels. All conditions of the PUMP approval established by the City Council in the adopted Findings of Fact and Conclusions of Law shall be reviewed and completed prior to or in conjunction with the final plat approval. 3) Within ten (10) days after a decision has been rendered, the administrator shall provide the applicant written notice of the action on the request. Chapter 6- Planning Unit Master Plans Page 7 S:1Docs1M3 Eagle L.L.C1Development Issues 20131APPL1Title 11 Ch 6 (P&Z Rec) 11-27-13.docx Chapter 12 Planning & Zoning Recommendation 9/16/2013 (2) The reasons for recommending approval or denial; and (3) The actions if any, that the applicant could take to obtain approval of the preliminary plat. c. Action On Combined Preliminary And Final Plat: If the commission's conclusion is favorable to the subdivider's request for the subdivision to be considered as both a preliminary plat and final plat, then a recommendation shall be forwarded to the city council in the same manner as herein specified for a final plat. The commission may recommend that the combined application be approved, approved conditionally or disapproved. 4. Action By Council: Within forty five (45) days after receipt of the commission's recommendation and following the notice requirements as set forth in section 11-7-9 of this code, the city council shall make findings as required in subsection D3b of this section. The city council shall approve, approve conditionally or disapprove the preliminary plat within thirty (30) days of the public hearing conducted to consider the commission's recommendation. E. Approval Period: 1. Failure to file an application with and obtain the certification of the acceptance of the final plat by the zoning administrator within one (1) year after the date on which action was taken by the city council shall cause all approvals of said preliminary plat to be null and void. A minimum twelve (12) month extension of the time limit on the approved preliminary plat may be granted by the city council, at its sole discretion, if the following findings are made: City: Comment: P&Z recommends language inconsistent with Eagle City Code as revised by the City Council by Ordinance 647 on November 23, 2010. The City Council has recently had discussion about how much time an applicant shall be provided for an extension of time. Until such time the City Council provides alternative direction Staff support the use of City Code and currently drafted. M3 and P&Z Recommendation: A maxis im-minimum twelve (12) month extension of the time limit on the approved preliminary plat may be granted by the city council, at its sole discretion, if the following findings are made: Comment: Any extension less than 12 months in Spring Valley — which community requires huge amounts of public infrastructure to be constructed from scratch, unlike other areas of Eagle — could put an unreasonable burden on Spring Valley. Each request for an extension should be reviewed based on the particular circumstances under which an extension is being requested. A minimum of 12 months in Spring Valley is reasonable. The City continues to have complete discretion to grant an extension or not (even if the listed findings can be positively made). Accordingly, depending on the circumstances (which will be reviewed by the Council any time an extension request is made) we (and the Commission) want the Council to have the discretion to grant extensions in Spring Valley that may be 12 months, or may be in excess of 12 months. The original language could allow for very short extensions. Chapter 12 - Land Subdivisions S:1Docs1M3 Eagle L.L.CIDevelopment Issues 20131APPL\Title 11 Ch 12 (P82 Rec) 11-27-13.docx Page 13 Chapter 12 Planning & Zoning Recommendation 9/16/2013 a. There are no outstanding city code Title 11 or plat approval violations on the subject property. If such violations exist, they may be conditioned by the city council to be cured as a condition of the extension of time; b. The preliminary plat, as previously approved, remains in the best interests of the health, safety, and general welfare of the city; c. There have been no significant changes to this Chapter 12 between the date of preliminary plat approval and the application date of the time extension request that would require substantial modifications to the project; d. There are no hazardous conditions which have developed or have been discovered on the project site; e. The public facilities and services required for the project remain adequate; f. The applicant has provided a viable and acceptable plan which demonstrates that the final plat application will be filed within the year; and City: M3: Comment: The applicant has provided a viable and acceptable plan which demonstrates that the final plat application See staff comment above. will be filed within the yeaftime extension requested; and Comment: P&Z recommended that a time extension of a minimum of twelve months could be granted. This change is consistent with that recommendation. g. The applicant has provided a schedule that depicts the anticipated timing for the filing of the final plat application within the year. 2. The city council reserves the right to revoke the extension of time approval if it finds that any of the criteria herein are not met. 3. This section does not limit the number of extensions the city council may grant to an applicant so long as the criteria set forth in subsection E.1 of this section are met. Nothing in this section requires the city council to grant any extension of an approval period. 4. Projects with approved phasing plans do not need time extensions, so long as the construction of improvements do not cease for more than one (1) year in any given phase. 5. In the event that the development of the preliminary plat is made in successive, contiguous segments through an approved phasing plan in an orderly and reasonable manner, and conforms to such segments, if submitted within successive intervals for one (1) year, it may be considered for final approval without resubmission for preliminary plat approval. 11-12B-4: FINAL PLAT: Chapter 12 - Land Subdivisions Page 14 S:1Docs1M3 Eagle L.L.CIDevelopment Issues 20131APPLITitle 11 Ch 12 (P82 Rec) 11-27-13.docx Chapter 12 Planning & Zoning Recommendation 9/16/2013 g. The applicant has provided a schedule that depicts the anticipated progress for completion of the final plat within the year. City: M3: Comment: The applicant has provided a schedule that depicts the anticipated timing for the filing of the final plat See staff comment above. application within the yeaitime extension requested. Comment: P&Z recommended that a time extension of a minimum of twelve months could be granted. This change is consistent with that recommendation. 2. The city council reserves the right to revoke the extension of time approval if it finds that any of the criteria herein are not met. 3. This section does not limit the number of extensions the city council may grant to an applicant so long as the criteria set forth in subsection E.1 of this section are met. Nothing in this section requires the city council to grant any extension of an approval period. F. Required Certificates: The following certifications and signatures shall be included on the final plat prior to recording by the county recorder: 1. Certification and signature of the city council verifying that the subdivision has been approved; 2. Certification and signature of the city clerk and the city engineer verifying that the subdivision meets the requirements of the city and has been approved by the city council; and 3. Certification of the sanitation restriction on the face of the plat in accordance with the provisions of section 50-1326, Idaho Code. G. Record Of Final Plat: Upon approval of the final plat by the city council, the subdivider's prepayment of recording fees, posting of financial assurance with the city pursuant to subsection D of this section, and the inclusion of those certifications and signatures on the final plat as set forth in subsection F of this section, the subdivider shall furnish proof to the administrator that the final plat has been recorded. 11-12B-5: FEES: At the time of submission of an application for a preliminary plat, planned unit development preliminary development plan, and final plat, a fee, as established in the official fee schedule of the city, shall be paid. There shall be no additional fee for the combining of the preliminary and final plats and there shall be no fee for a pre -application. 11-12B-6: RECORD OF LOT; PLAT APPROVAL: No final plat shall be filed with the county recorder or improvements made on the property except for grading pursuant to the Grading Guidelines and Hillside Development Standards until the plat has been acted upon and approved by the city council. 11-12B-7: SALE OF LOT; PLAT TO BE RECORDED: Chapter 12 - Land Subdivisions Page 17 S:1Docs1M3 Eagle L.L.C1Development Issues 2013\APPL\Titie 11 Ch 12 (P8Z Rec) 11-27-13.docx Chapter 12 Planning & Zoning Recommendation 9/16/2013 G. Cul -De -Sac Streets: Cul-de-sac streets shall not be more than five thousand feet (5,000') in length and shall terminate with an adequate circular turnaround having a minimum radius of fifty feet (50') of right of way including a landscape island with a minimum radius of ten feet (10'). A minimum of thirty feet (30') of pavement shall be provided between the landscape island and the outside edge of the street as measured from the face of curb of the island to the face of curb located on the outside edge of the street. One traffic control sign stating that on street parking is prohibited within the turnaround shall be installed at the entrance of the turnaround on the driver's side of the street. All cul-de-sac streets shall include bulb -outs every seven hundred fifty feet (750') to allow for emergency vehicles to turn around. No more than forty (40) lots shall be located on any cul-de-sac street between bulb -outs or beyond the final bulb -out. Exceptions to the requirements set forth in this paragraph may be considered by the City Council if approved by the fire department and the highway district having jurisdiction. H. Half Streets: Half streets shall be prohibited except where unusual circumstances make such necessary to the reasonable development of a tract in conformance with Chapter 12 of this Title 11 and where satisfactory assurance for dedication of the remaining part of the street is provided. Whenever a tract to be subdivided borders on an existing half or partial street, the other part of the street shall be dedicated within such tract. I. Driveways: Driveways shall provide access to no more than three (3) dwellings. Driveways providing access to a maximum of eight (8) Single Family Special Lot units, Title 11, Chapter 2, may be permitted providing that the total driveway length does not exceed one hundred fifty (150) feet and review and approval has been received from emergency service providers for the specific location and configuration. City: Comment: Staff recommends 100 ft. While staff appreciates the applicants provision of the examples in Tab B. The Example in Tab B show a lot width of 38 feet and a lot depth of approximately 104 ft. These decisions are not detailed in the single family special lot styles in Chapter 2. Should a minimum or maximum lot width be added to Chapter 2 - Single Family Special Lots to ensure the product provided meets the illustrations in Chapter 2 and is not abused? If not, what is the difference between a driveway and a private road? M3 and P&Z Recommendation: Driveways providing access to a maximum of eight (8) Single Family Special Lot units, Title 11, Chapter 2, may be permitted providing that the total driveway length does not exceed one hundred (100) fifty (150) feet and review and approval has been received from emergency service providers for the specific location and configuration. Comment: The P&Z Commission found that M3 made a compelling argument and recommended the revision from 100 feet to 150 feet. The drawings and pictures in Tab B provided to the Council on 11-21-13 represent smaller lot products that are contemplated to be constructed in Spring Valley. The pictures show clusters of 6 units. Measuring from the back of curb, the drives extend about 114 feet. A cluster of 8 units, which is also contemplated to be constructed in Spring Valley, would extend to approximately 150 feet. Neither product would be allowed in Spring Valley under current City Code with a driveway length of 100 feet. The flexibility to create housing products with longer driveways is appropriate in Spring Valley — especially since this standard is discretionary with the City and Chapter 12 - Land Subdivisions Page 20 S:1Docs1M3 Eagle L.L.CIDevelopment Issues 20131APPLITitle 11 Ch 12 (P&Z Rec) 11-27-13.docx Chapter 12 Planning & Zoning Recommendation 9116/20/3 then only after approval has been received from emergency service providers. The Fire District has stated that it will review a request for a 150 -foot driveway on a case-by-case basis. 11-12C-2-2: STREET WIDTHS: A. Street and road right of way widths, grade, alignment, and so forth, shall conform to the adopted major street plan or applicable PUMP and shall be approved by the Ada County Highway District and/or other agency having jurisdiction. B. Notwithstanding subsection A of this section, access from a frontage road onto an arterial street shall be limited to one thousand five hundred feet (1,500') between points. 11-12C-2-3: INTERSECTIONS: Intersections shall conform to the following standards: A. Angle Of Intersection: Angles of street and driveway intersections shall be approved by the highway district having jurisdiction. B. Sight Triangles: Minimum clear sight distance at all street and driveway intersections shall be approved by the highway district having jurisdiction. C. Number Of Streets: No more than two (2) streets shall cross at any one intersection. 11-12C-2-4: STREET NAMES: The naming of streets shall conform to the following standards: A. A street name shall not duplicate any existing street name within the county except where a new street is a continuation of an existing street. Street names that may be spelled differently but sound the same as existing street names shall not be used. B. All new streets shall be named as follows: 1. Streets having a predominately north -south direction shall be named "avenue", except for section line streets which shall be named "road". 2. Streets having a predominately east -west direction shall be named "street", except for section line streets which shall be named "road". 3. Meandering streets having a predominately north -south direction shall be named "way". 4. Meandering streets having a predominately east -west direction shall be named "drive". 5. Cul-de-sacs having a predominately north -south direction shall be named "place". 6. Cul-de-sacs having a predominately east -west direction shall be named "court". 11-12C-2-5: PRIVATE STREETS: Private streets may be permitted, subject to the following: Chapter 12 - Land Subdivisions Page 21 S:1Docs1M3 Eagle L.L.C1Development Issues 20131APPLITitle 11 Ch 12 (P&Z Rec) 11-27-13.docx Chapter 12 Planning & Zoning Recommendation 9/16/2013 A. Compliance: Spring Valley shall have the right to utilize private streets to provide access to no more than twenty percent (20%) of the lots within Spring Valley provided the City Council determines that the private streets are in compliance with each of the following standards: a. The private streets shall provide safe and effective movement of both vehicular and pedestrian traffic, sidewalks, and parking. b. The private streets shall provide adequate access for service and emergency vehicles. c. The private streets do not adversely affect access or good transportation planning to adjacent property and to the area travel networks. d. The private streets do not landlock adjacent property due to topography or parcel layout. e. Other than to provide emergency access, the private streets do not connect one public street to another, thereby encouraging travel through the development served by the private street. f. The use or alignment of the private streets does not interfere with the continuity of public streets. g. An appropriate mechanism has been established for the repair and maintenance of the private streets, including provisions for the funding thereof. B. Construction And Design Standards: Private streets shall conform to the following construction and design requirements: 1. All private street construction shall be in accordance with Ada County Highway District's structural standards for streets including base course and asphaltic concrete mat thickness utilizing the appropriate traffic index or as may be recommended by the City Engineer and approved by the City Council, and shall further be in accordance with Ada County Highway District's intersection design and drainage requirements, or as may be recommended by the City Engineer and approved by the City Council. 2. Sidewalks shall be required in accordance with subsection 11 -12D -1-6F of this Title 11. 3. Vertical curb shall be constructed on all arterial streets and on all collector streets that do not have front on housing. 4. The design engineer shall identify on the construction drawings for the review and approval by the city engineer, all traffic signs needed for the project, including, but not limited to, designated parking and "no parking" areas, speed, stop, and such other signs as are required for safe pedestrian and vehicle travel. 5. All private streets shall, during the progress of construction, be inspected and tested, at the expense of the owner or developer, by a qualified inspector in order to ensure compliance with the construction and design standards set forth in this section, the construction drawings as prepared by the registered professional engineer, and good engineering and construction practices. Reports of such inspections and tests shall be submitted, together with a certification of such compliance, for the review and approval by the city engineer. 6. Private streets shall directly or indirectly connect to a public right of way. Dead end private streets shall terminate in a public right of way, at one of the following approved turnaround areas: City: M3 and P8Z Recommendation: Comment: Alf -Private streets shall directly or indirectly connect to a crigincte-ia-at-public right-of-way. Dead end private Chapter 12 - Land Subdivisions Page 22 S:1Docs1M3 Eagle L.L.CIDevelopment Issues 20131APPL\Title 11 Ch 12 (P82 Rec) 11-27-13.docx Chapter 12 Planning & Zoning Recommendation 9/16/2013 Section 11-12C-2-5 was drafted as an alterative to the standard within the M3 PADA in which M3 agrees to comport with Eagle City code 9-3-2-5 which allows up to 10% of units to be served by private roads and establishes this standard. In 2007, M3 agreed to conform with these standards. Section 11-12C-2-5 doubles (to 20%) the allowance for units to be served by private roads. The City agreed to this doubling in order to ensure all roads would be constructed to ACHD roadway standards. Staff does not agree with the changing of this language. Currently City Code limits private streets from connecting to more than one public street to ensure we are not establishing a bypass to the public roadway network. This Council policy has been strictly enforced. streets shall -and-terminate in a public right-of-way, or at one of the following approved turnaround areas: Comment: The P&Z Commission found that M3 made a compelling argument and recommended the revision. The drawing provided to the City Council on 11-21-13 in Tab C gives an example of the type of private road network that could be developed in Spring Valley. Title 11 will affect only Spring Valley. Spring Valley has always been contemplated to have certain neighborhoods served by private streets that may be gated. Section 11-12C-2-5 provides M3 the right to serve up to 20% of Spring Valley lots with private streets as approved by ACHD. This standard will be impossible to meet if the private streets have to extend like tentacles down a public spine road without connecting with other private streets given the topographical conditions in Spring Valley. The City policy for elsewhere in Eagle is not appropriate in Spring Valley which has topographical design constraints that are different than valley lands in Eagle. We are not "bypassing" the public road system; to the contrary, M3 has agreed to build all private roads to ACHD standards. The details of a shared road maintenance agreement would be set up in advance by M3. Restrictive covenants, or CC&Rs, will contain detailed maintenance, reserve account and enforcement provisions. a. A cul-de-sac designed in accordance with the provisions of subsection 11 -12C -2-1G of this Title 11 and subject to the approval of the Eagle Fire District and city engineer and provided further that proper maintenance of the island is provided for; b. A hammerhead/tee type turnaround or as may be otherwise approved by the Eagle Fire District and the city engineer; or c. Such other turnaround area as may be approved by the Eagle Fire District, city engineer, and city council. d. The configuration of the streets and/or gating does not impede reasonable access to lands identified as public open space and/or lands with public easements. 7. The design of all private streets and related storm drainage facilities shall be prepared by a licensed professional engineer in the state in substantial conformance with engineering and design standards in effect at the time of preparation of the design. Construction drawings, together with a certification of such conformity, shall be submitted for the review and approval by Chapter 12 - Land Subdivisions Page 23 S:IDocs1M3 Eagle L.L.CIDevelopment Issues 20131APPLITitle 11 Ch 12 (P&Z Rec) 11-27-13.docx Chapter 12 Planning & Zoning Recommendation 9/16/2013 Right of way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas. The pedestrian easement shall be at least ten feet (10') wide. 11-12C-4 EASEMENTS: A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and/or side lot lines not to exceed the required building setbacks. City: Comment: The City Engineer States: The City Code has a history with the clause "where required." It is my understanding that staff removed this language several years ago because the section, as written, would require the City to prove that easements are required. The staff has a risk of becoming arbitrary in the application of this requirement. It is my opinion that the code should provide a consistent requirement for all lots to be provided with easements as they are developed within Spring Valley. A good example to support this requirements is the recent addition of fiber optics as a new utility. Many F.O. companies are delivering this utility to homeowners within existing subdivisions through the easement network. Had certain developments been permitted to omit easement, this process would be complicated and/or expensive. The applicant has been asked on numerous occasions to provide details on where/when waivers should be considered. As of the date of this staff report none have been provided. M3: Utility easements. where required. shall be provided along front lines, rear lot lines and/or side lot lines not to exceed the required building setbacks. Comment: Rather than making public easements absolutely required on all lot lines, we are asking the City to review the utility easements on a plat by plat basis. Utilities will be supplied from the street (even a private street) — which is where the City should want utilities to come from. There is not a need to have utility easements on all lot lines in all cases. Again, case by case review. Establishing easements along lot lines for no utility purpose places an encumbrance on the private property that limits the use of the private property. The applicant should not be asked to provide examples. The City should ask itself why it would encumber or take the use of the private property for no purpose. B. Unobstructed drainageway easements shall be provided in conjunction with the utility easement alongside lot lines or as required by the city council. Total easement width, including the utility easement, shall not be less than twelve feet (12'), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the plat. C. All natural drainage courses shall be left undisturbed or be improved in a manner which will improve the hydraulics and ease of maintenance of the channel. 11-12C-5: PLANTING STRIPS AND RESERVE STRIPS: Planting strips and reserve strips shall conform to the following standards: A. Planting Strips/Buffer Areas: Planting strips/buffer areas shall be required to be placed next to incompatible features such as highways, commercial or industrial uses to screen the view from residential properties and to provide noise mitigation for those residents. Such planting strips/buffer areas shall be as required by Chapter 2A of this Title 11. The landscape strip/buffer area shall not be Chapter 12 - Land Subdivisions Page 25 S:1Docs1M3 Eagle L.L.CIDevelopment Issues 20131APPLITitle 11 Ch 12 (P82 Rec) 11-27-13.docx Chapter 12 Planning & Zoning Recommendation 9/16/2013 a part of the normal street right of way and shall comply with all landscape/buffer area requirements within Chapter 2A of this Title 11. B. Reserve Strips: 1. Private Reserve Strips: Privately held reserve strip access to streets shall be prohibited. 2. Public Reserve Strips: A one foot (1') reserve may be required to be placed along half streets which are within the subdivision boundaries and shall be deeded in fee simple to the applicable highway authority for future street widening. 11-12C-6: PUBLIC SITES AND OPEN SPACES: Public sites and open spaces shall conform to the following standards: A. Natural Features: Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. B. Open Space: The minimum amount of open space that must be set aside for open space within Spring Valley shall comply with Chapter 2A of this Title 11. The minimum amount of open space in all single family residential subdivisions (except for the RR and ER land use districts) shall be six hundred (600) square feet per lot, The minimum amount of Open Space within any Planning Area shall be fifteen percent (15%) of the total gross acres of the Planning Area. No plat shall be approved within any Planning Area if, with the approval of such plat, the platted and unplatted Open Space in the Planning Area would fall below fifteen percent (15%) of the total gross acres of the Planning Area. City: M3: The minimum amount of Open Space within any Agree. Planning Area or PUMP shall be fifteen percent (15%) of the total gross acres of the Planning Area or PUMP. No plat shall be approved within any Planning Area if, with the approval of such plat, the platted and unplatted Open Space in the PUMPi ain-Afea would fall below fifteen percent (15%) of the total gross acres of the PUMPPIanning Area. Plats may be denied if the applicant is unable to show that fifty percent (50%) of all dwelling units in the Planning Area, sixty-five percent (65%) of all single-family detached lots less than five thousand (5,000) square feet in the Planning Area, and fifty percent (50%) of all single-family detached lots less than eight thousand (8,000) square feet in the Planning Area, will abut some form of Open Space. City: M3: Plats may be denied if the City finds the applicant is unable to show that fifty percent (50%) of all dwelling units in the Planning Area, sixty-five percent (65%) of all single-family detached lots less than five thousand (5,000) square feet in the Planning Area, and fifty Agree. Chapter 12 - Land Subdivisions S:1Docs1M3 Eagle L.L.CIDevelopment Issues 20131APPL\Title 11 Ch 12 (P&Z Rec) 11-27-13.docx Page 26 Chapter 12 Planning & Zoning Recommendation 9/16/2013 percent (50%) of all single-family detached Tots less than eight thousand (8,000) square feet in the Planning Area, will abut some form of Open Space. If a plat contains Community Park(s), as defined in the PADA, any Community Park shall contain a minimum of eight (8) acres of active and passive Open Space. If a plat contains Neighborhood Park(s), as defined in the PADA, any Neighborhood Park shall contain a minimum of three (3) acres of active and passive Open Space. C. Ownership And Management Of Open Space: a. Ownership Of Open Space: The applicant must identify the owner of the open space who is responsible for maintaining the open space and facilities located thereon. If a homeowners' association is the owner, membership in the association shall be mandatory and automatic for all homeowners of the subdivision and their successors. If a homeowners' association is the owner, the homeowners' association shall have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the open space and any facilities located thereon shall be borne by the owner. b. Management Plan: Applicant shall submit a plan for management of open space and common facilities (plan) that: (1) Allocates responsibility and guidelines for the maintenance and operation of the open space and any facilities located thereon, including provisions for ongoing maintenance and for long term capital improvements; (2) Estimates the costs and staffing requirements needed for maintenance and operation of, and insurance for, the open space and outlines the means by which such funding will be obtained or provided; (3) Provides that any changes to the plan be approved by the city council; and (4) Provides for enforcement of the plan. c. Temporary Maintenance By City; Corrective Action: In the event the party responsible for maintenance of the open space fails to maintain all or any portion in reasonable order and condition, the city of Eagle may assume temporary responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance. The costs of such maintenance shall be charged to the owner, homeowners' association, or to the individual property owners that make up the homeowners' association, and may include administrative costs and penalties. Such costs shall become a lien on all subdivision properties. The exercise by the city of Eagle of its right to assume temporary maintenance responsibility to take corrective action shall not relieve the property owner of their maintenance responsibility nor should it be construed as the city assuming permanent responsibility for such maintenance. 11-12C-7: WATER SYSTEM: The provision of a public water system shall conform to the following standards: A. All subdivisions within the Eagle city water service area shall comply with Title 6, Chapter 5 of Eagle City code. Chapter 12 - Land Subdivisions Page 27 S:1DocsIM3 Eagle L.L.CIDevelopment Issues 20131APPL\Title 11 Ch 12 (P&Z Rec) 11-27-13.docx Chapter 12 Planning & Zoning Recommendation 9/16/2013 b. Within ER and RR neighborhoods. c. On single -loaded streets (that is, streets with lot access on only one side of the street). d. Sidewalks may be eliminated on both sides of a local street under the following conditions and in compliance with Ada County Highway District standards. The applicant shall show a means of alternative pedestrian movement in the area: (i) When the existing slope of the hillside exceeds eighteen (18) percent. (11) When lots exceed an average of five (5) acres in size within a plat. 11-12D-1-7: BICYCLE PATHWAYS: A bicycle pathway system shall be provided within all subdivisions as part of the public right of way, within Open Space, or separate easement, as may be specified by the city council. 11-12D-1-8: UNDERGROUND UTILITIES: Underground utilities are required. 11-12D-1-9: WATER SUPPLY AND SEWER SYSTEMS: A. Construction; Extension: All public water supply or sewer systems (serving 2 or more separate premises or households) shall be constructed in accordance with any adopted local plans and specifications. The Developer is constructing a new City -owned public water supply system and a new sewer systems in Spring Valley The City shall be the exclusive supplier of water to the lands within the Spring Valley development. The City may allow connection to the City -owned water system in Spring Valley if it is deemed to be in the best interest of the City. City: Construction; Extension: All public water supply or sewer systems (serving 2 or more separate premises or households) shall be constructed in accordance with any adopted local plans and specifications. The Developer is constructing a new City -owned public water supply system and a new sewer systems in Spring Valley The City shall be the exclusive supplier of water to the lands within the Spring Valley development. The City may allow connection to the City - owned water system in Spring Valley if it is deemed to be in the best interest of the Citv.Atl • whencvcr-po Bible. In the event that the =-- -- --- - is net Gn extension -of -an -existing publ{c-system; them shall-bc G shE subdivider that ••• M3: Construction; Extension: All public water supply or sewer systems (serving 2 or more separate premises or households) shall be constructed in accordance with any adopted local plans and specifications. All new extension of en existing public system -whenever cubdi`,. extenc ie n of -an 11 be s showing d not in the best interest—of—the—alis: Comment: To maintain consistency with the PADA, the existing ECC Code section 9-4-1-9.A (now section 11-12D-1-9) should remain "as is" in Title 11. The existing language -- which serves to tell any subdivider that there is certain public infrastructure that the subdivider must install — should be left as is. Chapter 12 - Land Subdivisions S:IDocs1M3 Eagle L.L.C1Development Issues 20131APPL\Title 11 Ch 12 (P&Z Rec) 11-27-13.docx Page 33 Comment: Chapter 12 Planning & Zoning Recommendation 9/16/2013 However, the City engineer has concern with the last two sentences, given the particular circumstances in Spring Valley. Deleting these two sentences is acceptable to M3. The City Engineer States: This new comment at the end of the section is a red flag. The comment may be acceptable in existing City of Eagle code because of the way that the future expansion areas of Eagle may develop. The best example is a small enclave development that is miles from the City system, and is permitted to install private wells or a small community well. Because M3 is master planned, this provision is no longer necessary and may not serve the interest of the City. If the system is disjointed at the onset because of distance or long range planning, the system will still be municipal and will still be an "extension" of the public system. It is not in the City's interest to have private wells or small community wells within M3 development. I also don't want the developer of M3 to bring arguments that other public water purveyors should provide water to districts of M3 because it is not feasible (expensive) to connect to the Eagle system. Issues in connection with the municipal water system are being thoroughly addressed in the Amended & Restated Development Agreement. Because these issues are addressed in the Development Agreement, in the interest of preventing conflict and inconsistency between Title 11 and the Development Agreement, the existing ECC — except for the language the City Engineer asks to be deleted -- should remain as is. B. Approval Of Plans: All water and sewer plans shall be submitted to the Idaho department of health and welfare or its authorized agent for approval in accordance with the provisions of section 50-1326, Idaho Code. C. Pressurized Irrigation Facilities: City: Agree. 1. Irrigation water rights for all residential dwelling units shall be provided with water from the municipal system or from available surface water, as outlined herein. M3: Irrigation water Fights -for all residential dwelling units shall be provided with water from the municipal system or from available surface water, as outlined herein. Comment: This appears to be a typographical error. Plans and documents completed in accordance to the required standards and regulations shall be submitted with the application for a preliminary plat in accordance with the Spring Valley Irrigation and Reuse Master Plan and in accordance with the adopted supplemental standards and regulations (titled "Pressure Irrigation Standards, incorporated herein by reference). The following design requirements and the requirements provided within the supplemental "Pressure Irrigation Standards" shall apply to the pressurized irrigation system. These standards shall supplement all other regulations, and where at variance Chapter 12 - Land Subdivisions Page 34 S:1Docs1M3 Eagle L.L.CIDevelopment Issues 20131APPL1Title 11 Ch 12 (P&Z Rec) 11-27-13.docx Chapter 12 Planning & Zoning Recommendation 9/16/2013 N. Drainage System Plans: Drainage system plans shall show how lots will be graded so that all runoff runs either over the curb, or to a drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11-12D-1-11: FIRE HYDRANTS AND WATER MAINS: Adequate fire protection shall be required in accordance with the appropriate fire district standards. 11-12D-1-12: LANDSCAPE BUFFER AREAS: Landscape buffer areas, in accordance with Chapter 2A of this Title 11, shall be required for the protection of residential properties from streets classified as collectors, arterials, freeways/expressways, waterways, or other features. Subdivision plats shall show the location of all buffer areas. 11-12D-2: CONSTRUCTION OF IMPROVEMENTS: Required improvements are those improvements subject to city regulation and approvals as required in Title 11, Chapter 12. 11-12D-2-1: CONSTRUCTION PLANS: It shall be the responsibility of the subdivider of every proposed subdivision to have prepared by a registered engineer a complete set of construction plans, including profiles, cross section, specifications and other supporting data, for all required public streets, utilities and other facilities. Such construction plans shall be based on preliminary plans which have been approved with the preliminary plat, and shall be prepared in conjunction with the final plat. Construction plans are subject to approval by the responsible public agencies and all construction plans shall be prepared in accordance with the public agencies' standards or specifications. 11-12D-2-2: GUARANTEE OF IMPROVEMENTS: In lieu of the actual installation of the "required improvements" prior to the city clerk signing the final plat, the city council may permit the subdivider to provide a surety/financial guarantee of performance in one or a combination of the following arrangements for those requirements which are over and beyond the requirements of any other agency responsible for the administration, operation and maintenance of the applicable public improvement: A. Cash Deposit, Certified Check, Certificate Of Deposit, Or Irrevocable Bank Letter Of Credit: A cash deposit, certified check, certificate of deposit, or an irrevocable bank letter of credit (issued by a financial institution with a branch in the Eagle/Boise area), in the amount equal to one hundred fifty percent (150%) of the estimated construction costs of the "required improvements" contained within the final plat or public right-of-way shall be provided by the owner/developer and held by the city until said construction is complete. Construction cost estimates for the "required improvements" contained within a final plat or public right of way shall be reviewed and approved by the city zoning administrator prior to city acceptance of said surety. The surety initiation and extension fees shall be established by resolution of the city council. City: Comment: While the City understands that "surety bonds" are referenced within the PADA they are explicitly excluded from their use in the city today. The applicant has provided no rational for why the City should consider using "surety bonds" versus enforcing Eagle City code. Staff M3: Cash Deposit, Certified Check, Certificate Of Deposit, Surety Bond, Or Irrevocable Bank Letter Of Credit: A cash deposit, certified check, certificate of deposit, surety bond or an irrevocable bank letter of credit (i sued by a financial institttien-w c branch in -the €agle/Boise-area), in the amount equal to one hundred fifty percent (150%) of the estimated construction costs of the "required improvements" contained within the Chapter 12 - Land Subdivisions Page 37 S:IDocs1M3 Eagle L.L.C1Development Issues 20131APPL\Title 11 Ch 12 (P&Z Rec) 11-27-13.docx Chapter 12 Planning & Zoning Recommendation 9/16/2013 is to enforce the City's code and ordinances. The language: "issued by a financial institution with a branch in the Eagle/Boise area" was negotiated with the applicant in the PADA. When the City begins the process of acting on a surety, time is of the essence if an applicant has not completed improvements and the City is pulling funds prior to expiration of the surety. In order to provide efficiency and ensure that time is not lost and/or documents mishandled, the City wants the ability to work with a local office. This standard does not require the holder to be in the Boise area just that the institution holding the surety have a branch in the area. final plat or public right-of-way shall be provided by the owner/developer and held by the city until said construction is complete. Construction cost estimates for the "required improvements" contained within a final plat or public right of way shall be reviewed and approved by the city zoning administrator prior to city acceptance of said surety. The surety initiation and extension fees shall be established by resolution of the city council. Comment: We have had several, detailed discussions with the City's attorney regarding the use of surety bonds and the rationale for their use — from the protection offered to both the City and the Developer, the untoward effect that the sole use of letters of credit can have on the borrowing capacity of the Developer, and the fact that some public construction projects probably statutorily require a surety bond be in place. The issue with regard whether the developer may provide security for performance in the form of a bond has already been negotiated in the PADA, and the City attorney has agreed that this will continue in the Amended & Restated Development Agreement. This edit in Title 11 ensures consistency with the Development Agreement. M3 requests the deletion of the reference to "a financial institution with a branch in the Eagle/Boise area." M3 conducts business with a number of financial institutions and investors that do not necessarily have branch operations in this area. In the case of cash deposits or certified checks, the subdivider may provide for progressive payment out of the cash deposit or reduction of the certified check, to the extent of the cost of the completed portion of the "required improvement", in accordance with a previously entered into agreement. In the case of a certificate of deposit or an irrevocable bank letter of credit, the surety shall be reduced accordingly as construction of the "requirement improvements" subject to such surety is completed. Within thirty (30) days from the city's approval of any such "required improvement", the city shall release such surety, in whole or part, as may be appropriate under the circumstances. City: Comment: See comments above. M3: In the case of cash deposits or certified checks, the subdivider may provide for progressive payment out of the cash deposit or reduction of the certified check, to the extent of the cost of the completed portion of the "required improvement", in accordance with a previously entered into agreement. In the case of a certificate of deposit, surety bond, or an irrevocable bank letter of credit, the surety shall be reduced accordingly as construction of the "requirement Chapter 12 - Land Subdivisions Page 38 S:1Docs1M3 Eagle L.L.CIDevelopment Issues 20131APPLITitle 11 Ch 12 (P&Z Rec) 11-27-13.docx Chapter 12 Planning & Zoning Recommendation 9/16/2013 improvements" subject to such surety is completed. Within thirty (30) days from the city's approval of any such "required improvement", the city shall release such surety, in whole or part, as may be appropriate under the circumstances. Comment: See comments above. B. Completion Time: All "required improvements" shall be completed within one (1) year from the date of acceptance of the surety/financial guarantee of performance by the city for a plat. The zoning administrator may authorize a delay in the completion of "required improvements" during the months of November, December, January, February, and March due to weather conditions, if at a minimum, the surety is extended for an amount of time equal to the delay imposed by the zoning administrator. Notwithstanding the foregoing, no final occupancy permit will be issued for any residence or business, whichever is applicable, until the sidewalk, sod, automatic irrigation, and street trees required in section 11-12D-1-6 of this Title 11 have been installed along the frontage of the lot that said residence/business is located upon unless an acceptable form of financial assurance has been tendered and approved by the city. 11-12D-2-3: INSPECTIONS: Before approving a final plat and construction plans and specifications for "required improvements", the city may require an agreement between the subdivider and the city council to provide for checking or inspecting the construction and its conformity to the submitted plans. 11-12D-2-4: FAILURE TO COMPLETE PUBLIC IMPROVEMENT CONSTRUCTION: In the event the subdivider shall, in any case, fail to complete such work within the period of time as required by the conditions of the guarantee for the completion of "required improvements", it shall be the responsibility of the city council to proceed to have such work completed. In order to accomplish this, the city council shall appropriate the cash deposit, certified check, or irrevocable bank letter of credit, or may take such steps as may be necessary to require performance by the surety company, and as may be included in a written agreement between the city council and the subdivider. 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REGIONAL TRAIL STAKING IT NICE AND SLOW. Communities naturally take time to grow. So over the next 20 years, the 6,005 acres of M3 Eagle will be developed in a thoughtful way. By proceeding in a planned, deliberate manner, we can be sure that community standards will remain consistently high and, more importantly, you can be assured of our long -tem commitment to the city of Eagle — twenty years — we're in this for the long haul! cc_ /02---/ 3 2.2 Water. M3 General Comment: Regarding definition of "Non -potable System": Staff stated it was not defining the Non -potable System "because the City owns the Water System which "may" include non -potable." This is not an accurate statement or, at least, it is in incomplete statement. Received from Applicant's Attorney 12/5/13 @ 3:41 p.m. after original packet copies were completed. Per City Attorney Buxton – these copies are being provided to Council The City's Water System may supply some non -potable uses such as irrigation, but the City's Water System will contain potable water, not non -potable water like Re -use Water, surface water, and irrigation groundwater rights. Another pressurized water system is necessary to carry ditch water, Re -Use water and any other irrigation, aesthetic, or wildlife supplies to common areas, landscaping, parks and ponds. This second system is referred to as the "Non -potable System." M3 will own the Non -Potable System and all associated water rights and entitlements necessary to operate it. City owns water permit no. 63-32573, pursuant to which City will divert and deliver potable ground water to customers. City will own the Water System that delivers water associated with this permit. M3 will own the Non - potable System and all non -potable water rights and entitlements, including Re -use Water, surface water, and irrigation groundwater rights, that are or may be used in such system. As provided in the DA and in Title 50, Idaho Code, City may establish an irrigation system. However, because M3 already is required to build the Non -potable System to serve irrigation and other purposes in Spring Valley, it is not anticipated that City will construct an additional system for the Project. It is possible that M3 may elect to convey the Non -potable System to City at some point. The proposed Section 2.2 provisions should clearly reflect these simple concepts. Two places where revisions are needed to reflect the above -stated concepts: 1. 2.2(a) suggests the Wastewater System would be used to deliver all non -potable water, but "Wastewater System" is defined in a way that would seem to include delivery of Re -use Water only, and not other non - potable water such as surface water. This is why a general "Non -potable System" definition is proposed— to include all non -potable uses, not just Re -use Water. Accordingly, the third sentence in 2.2(a) should say: The Water System shall not include those portions of the Wastewater System or other system used for the storage, delivery and use of treated sewage effluent on the Property, any water right or entitlements associated with ditch company shares or Re -Use Water (as defined below), any surface water or groundwater for irrigation held or acquired by Developer, or any additional water rights or permits that may be associated with irrigation, storage, aesthetic, or recreational purposes which is not served by the Water System (`Non -potable System'). 2. The last sentence in 2.2(a), first paragraph states: "However, the Water System may supply water for non -potable uses so long as any physical connection to the Water System is protected by a backflow prevention device approved by City." Because non -potable "uses" are not connected to the Water System but a Non -potable System could be, this sentence would make sense with this revision: However, the Water System may supply water for non -potable uses so long as any physical connection between the Non -potable System and te-the Water System is protected by a backflow prevention device approved by City." If staff is concerned that the use of the word "non -potable" will cause confusion, a different defined term can be used. C:\USERS\TOSBORN\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILES\CONTENT OUTLOOK\EILE4JMS\SECTION 2-2 M3 COMMENTS 12-5-13.DOCX - 1 (a) Water Provider. An addition to City's Water System shall be constructed by Developer sufficient to serve the Project. The Water System shall include, without limitation, all water rights, wells, pumps, distribution and service mains and lines, meters, electrical equipment, storage tanks or reservoirs, emergency back-up generators, and related facilities necessary to divert, treat, deliver and account for water used for municipal purposes by Developer and customers within the Project, together with all easements and rights-of-way sized to construct, operate, maintain, upgrade, repair and replace such facilities. The Water System shall not include those portions of the Wastewater System used for the storage, delivery and use of treated sewage effluent on the Property, any water right or entitlements associated with ditch company shares or Re -Use Water (as defined below), any surface water or groundwater for irrigation held or acquired by Developer, or any additional water rights or permits that may be associated with irrigation, storage, aesthetic, or recreational purposes which is not served by the Water System. However, the Water System may supply water for non -potable uses so long as any physical connection to the Water System is protected by a backflow prevention device approved by City. 1' para., 2"° sentence; City proposal: 1" para., 2"° second sentence; M3 response: The Water System shall include, without limitation, all water rights, wells, pumps, distribution and service mains and lines, meters, electrical equipment. storage tanks or reservoirs, emergency back-up aenerators,_and related facilities necessary to divert, treat, deliver and account for water used for municipal doses by Developer and customers within the Project, together with all easements and rights-of-way sized to construct, operate, maintain, upgrade, repair and replace such facilities. 1st para., 3rd sentence; City proposal: The Water System shall not include those portions of the Wastewater System used for the storage, delivery and use of treated sewage effluent on the Property, any water right or entitlements associated with ditch company shares or Re -Use Water (as defined below), any surface water or groundwater for irrigation held or acquired by Developer, or any additional water rights or permits that may be associated with irrigation, storage, aesthetic, or recreational purposes which is not served by the Water System. 1St para., last sentence; City proposal: However, the Water System may supply water for non -potable uses so long as any physical connection to the Water System is protected by Comment: Insertion is acceptable. Deletion is not. Keep "for municipal purposes" so this sentence is consistent with the sentence that follows which states that the Water System does not include the water rights, wells, facilities, etc., related to Re -Use Water and surface water. This language is consistent with state code and the IDWR Conclusions of Law: The City of Eagle is a municipal corporation under Idaho Code § 50-102 that provides water for munici purposes [see Idaho Code § 42-202B(6)] to its residents within its service area. IDWR Conclusions of Law §§ 4-5. [emphasis added] 1st para., 3rd sentence; M3 Response: The Water System shall not include those portions of the Wastewater System or system. hereafter referred to as the "Non -potable System", used for the storage, delivery and use : _ _ - - . - of Re -use Water or Irrigation Water (as defined below) on the Property., any water right or entitl ad r permits that may be e, aesthetic, or System. 1" para., last sentence; M3 Response: However, the Water System may supply water for non - potable uses so long as any physical connection between the Non -notable System and to the Water System is protected by a backflow prevention device."-+ C \USERS\TOSBORN\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\EILE4JMS\SECTION 2-2 M3 COMMENTS 12-5-13.DOCX - 2 a backflow prevention device approved by City. approved by City. Comment: See general comments above. Developer shall convey the Water System to City as reasonably directed and approved by City in portions or phases as such portions are constructed, tested and put into operation to serve an area within the Project (a "Completed Portion"). As each Completed Portion of the Water System has been approved and accepted in writing by City, City shall be responsible for the operation and maintenance of such Completed Portion of the Water System. City shall provide water service to the Property from the Water System on the same basis as City provides water to other residents and businesses in the City of Eagle under ordinances in place at the time of this Agreement; provided, however, City shall establish fees for the costs of considerable special or reserve equipment and significant unique costs (such as Monitoring Plan costs) necessary to operate the Water System, which are different from and may have exceptions to the regularly published water rates, rules and regulations. City shall be under no obligation to provide service that requires special or reserve equipment or significant unique costs unless there is a special contract for the payment of these costs which shall be in writing between the Parties and approved by the City Council. Last two sentences; City proposal: Last two sentences; M3 response: City shall provide water service to the Property from the Water System on the same basis as City provides water to other residents and businesses in the City of Eagle under ordinances in place at the time of this Agreement; provided, however, ifs provision of water requ+res;--fer-e-nampfe-City shall establish fees for the costs of considerable special or reserve equipment, Of and significant unique costs (such as Monitoring Plan costs) necessary to operate the Water System, City, reserves the right to make special contracts. the provisions of which are different from and may have exceptions to the regularly published water rates, rules and regulations. City shall be under no obligation to provide service that requires special or reserve eauioment or significant unique costs unless there is a Any such special contract for the payment of these costs shall be in writing between the Parties and approved by the City Council. City shall provide water service to the Property from the Water System on the same basis as City provides water to other residents and businesses in the City of Eagle under ordinances in place at the time of this Agreement; provided, however, City shall establish fees for the costs that are directly attributable of considerable special or reserve equipment and significant unique costs (such as Monitoring Plan costs) necessary to operate the Water System, which are different from and may have exceptions to the regularly published water rates, rules and regulations. City shall be under no obligation to provide service that requires special or reserve equipment or significant unique costs unless there is a special contract for the payment of these costs which shall be in writing between the Parties and approved by the City Council. Comment: Clarifying language added. The City should be required to provide in writing the services or costs which are extraordinary and additional costs so it is clear what is required to meet these obligations. We remain concerned that M3 not be put in a position where the City refuses to provide water if the city council doesn't agree with the terms of a service agreement in contradiction to the obligation to serve. We strongly suggest the preferable language that the City has already legislatively adopted as part of Eagle City Code, Title 6, C:\USERS\TOSBORN\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\EILE4JMS\SECTION 2-2 M3 COMMENTS 12-5-13.DOCX - 3 Ch. 5, Section 6-5-4.E so the developer is not held hostage while under contract negotiations: Special Contracts: When the applicant's requirements for water are unusual or large, such as an independent water district, or necessitate considerable special or reserve equipment or capacity, the city, by authorization of the city council, reserves the right to make special contracts, the provisions of which are different from and have exceptions to the regularly published water rates, rules and regulations. The special contracts shall be in writing, signed by the applicant and approved by the City Council. (b) Municipal Water Right; Monitoring Plan. Pursuant to that certain Assignment of Application and Permit dated and filed with IDWR on June 13, 2011, which remains in effect and is applicable to this Agreement, Developer has conveyed to City ground water right no. 63-32573 (the "Municipal Water Right"), which is to be used to provide municipal water service to the Project for all of its municipal uses, including without limitation irrigation, storage, residential, commercial, industrial, and other municipal uses. The Municipal Water Right requires ground water monitoring in accordance with its Attachment B, which is a March 17, 2011 Technical Memorandum setting forth a water level/water production monitoring and reporting plan (the "Monitoring Plan"). Developer has been implementing the Monitoring Plan and is responsible for all costs of implementing the Monitoring Plan until a Completed Portion is conveyed to City. As Completed Portions are conveyed to City, City shall be responsible to pay its proportionate share of the total Monitoring Plan costs, its share being calculated as follows: total Monitoring Plan costs (A); multiplied by the results of the number of connections to the Water System by a "customer(s)" or "user(s)" as defined by Eagle City Code Title 6 Chapter 5 (B); divided by the total Project residential density of 7,160 dwelling units (C). (A x (B _ C)) First sentence; City proposal: First sentence; M3 response: Pursuant to that certain Assignment of Application and Permit dated and filed with IDWR on June 13, 2011, which remains in effect and is applicable to this Agreement. Developer has conveyed to City ground water right no. 63- 32573 (the "Municipal Water Right"). Additional, Last Sentence; City Proposal: Nothing in this Agreement, or action taken pursuant to this Agreement, shall be deemed to convey or grant any interest in the Municipal Water Right to Developer. Agree. Additional, Last Sentence; M3 Response: Nothing in this Agreement, or action taken pursuant to this Agreement, shall be deemed to convey or grant_ a) any interest in the Municipal Water Right to Developer; orb) Re -use Water or Irrigation Water to City. (c) Water System Construction. Developer shall design, engineer, construct, install, permit and then convey the Water System to City in accordance with the terms of this Agreement and any applicable City -approved Planning Unit Master Plan(s) and applicable federal, state and local laws and ordinances. In designing and constructing the Water System, Developer shall consult regularly with City and construct the Water System to City's standards. The location and construction of the Water System components shall comport with the phasing of the Project's development. As part of the C.\USERS\TOSBORN\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\EILE4JMS\SECTION 2-2 M3 COMMENTS 12-5-13.DOCX - 4 conveyance of the phase or portion of the Water System to City, Developer shall provide City with all applicable as -built drawings, operation and maintenance manuals, operation records, and water right records and other necessary information for City to operate and maintain the Water System. (d) Assured Water Supply. The Municipal Water Right provides an entitlement to divert adequate ground water to serve municipal uses for the Project. City agrees not to use the Municipal Water Right on properties outside of the Project unless City has adequate water to serve such other properties and the Project, and City completes any necessary proceedings before IDWR for such purpose. First sentence; City proposal: Developer has represented the The -Municipal Water Right provides an entitlement to divert adequate ground water to serve municipal uses for the Project. First sentence; M3 response: The Municipal Water Right provides an entitlement to divert adequate -ground water to serve municipal uses for the Project. Comment: The sentence, as proposed by M3, is now just a factual statement without qualifiers. City Staff wants M3 to "represent" that the Municipal Water Right is adequate as though to set the stage for some kind of remedy if the Municipal Water Right is not adequate. The two parties -- both the City and M3 -- have, in good faith, presented evidence to IDWR that allowed IDWR to grant a permit for the Municipal Water Right. The remedy if the Municipal Water Right does eventually prove to be inadequate, is found in the next paragraph: the parties will meet, cooperate and evaluate alternatives. Second sentence, M3 Response: City agrees not to use the Municipal Water Right on properties -outside of -the -project -unless City has adequate water to serve such -ether properties and the Project, and City-sompletcs any necessary proceedings before IDWR for such -purpose. Comment: The Municipal Water Right serves Spring Valley. The Developer and the City obtained the water right for the City to use in Spring Valley at great cost and effort. There should be no substitution of other water into Spring Valley. If the quantity of water authorized under the Municipal Water Right, as defined above, is inadequate to serve the Project's municipal water demands. City and Developer shall meet to evaluate other alternative sources of supply, including temporary source(s) of supply, to provide an additional supply of water for the Project. Except as expressly provided for herein, City will be the exclusive municipal water service provider for the Project. C:\USERS\TOSBORN\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILES\CONTENT OUTLOOK\EILE4JMS\SECTION 2-2 M3 COMMENTS 12-5-13.DOCX - 5 (e) Reimbursement. If Developer, at Developer's cost and expense, constructs water facilities, such as production wells, water storage tanks or reservoirs, emergency back-up generators, and similar facilities (but excluding local service and distribution lines) for the Project, which reasonably have been determined by City to benefit properties other than the Property, or if City requires Developer to develop a portion of the Water System in excess of that necessary to serve the Project so as to allow City to serve other properties, City and Developer shall, in good faith, enter into an agreement to the effect that the portion of the costs attributable to such construction shall be reimbursed to Developer from the service connection charges collected from those benefited property owners who otherwise have not paid or contributed their proportionate share toward development of the Water System ("Water Reimbursement Agreement"). Each such Water Reimbursement Agreement shall establish a reimbursement period (commencing as soon as practicable following completion of the portion of the Water System for which reimbursement is sought) with such duration to be mutually agreed between Developer and City, which period shall be reasonably estimated to allow for reimbursement and shall be, in no event, less than fifteen years. Such Water Reimbursement Agreement shall provide, in part, that: (i) interest be paid to Developer at the then applicable municipal bond rate; (ii) City shall charge an administrative fee for handling the accounting, auditing, and payment of the reimbursement payments to be made to Developer; (iii) the Water Reimbursement Agreement shall be binding on Developer and City and their respective successors and assigns; and (iv) the Water Reimbursement Agreement may be recorded as an encumbrance against the benefited property(ies). First sentence; City Proposal: If Developer, at Developer's cost and expense, constructs water facilities, such as production wells, water storage tanks or reservoirs, emergency back- up generators, and similar facilities (but excluding local service and distribution lines) for the Project, which reasonably have been determined by City to benefit properties other than the Property, or if City requires Developer to develop a portion of the Water System in excess of that necessary to serve the Project so as to allow City to serve other properties, City and Developer shall, in good faith, enter into an agreement to the effect that the portion of the costs attributable to such construction shall be reimbursed to Developer from the service connection charges collected from those benefited property owners who otherwise have not paid or contributed their proportionate share toward development of the Water System ("Water Reimbursement Agreement"). First Sentence; M3 Response: If Developer, at Developer's cost and expense, constructs water facilities, such as production wells, water storage tanks or reservoirs, emergency back-up generators, and similar facilities (but excluding local service and distribution lines) for the Project, which reasonably have been determined by City to benefit properties other than the Property, or if City requires Developer to develop a port of the Water System in excess of that necessary to serv, the Project so as to allow City to serve other properties, or if City constructs additional facilities to serve other properties using facilities already constructed by Developer City and Developer shall, in good faith, enter into an agreement to the effect that the portion of the costs attributable to such construction shall be reimbursed to Developer from the service connection charges collected from those benefited property owners who otherwise have not paid or contributed their proportionate share toward development of the Water System ("Water Reimbursement Agreement"). Comment: The additional language contemplates a situation in which the City extends the mains in Spring Valley and uses Spring Valley pumping and storage capacity to serve other properties thereby requiring the developer to build additional well and storage capacity which for Spring Valley which would otherwise not be necessary. (f) Water User Charges; Building Permits. When Developer has constructed and conveyed the Completed Portion(s) of the Water System to City pursuant to this section, City shall provide water service to the Property, or those parts of the Property served by a Completed Portion, in C \USERS\TOSBORN\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILES \CONTENT.OUTLOOK\EILE4JMS\SECTION 2-2 M3 COMMENTS 12-5-13.DOCX - 6 quantity and quality sufficient to satisfy the municipal water needs of the Project as and when required in connection with the development of the Property, subject to any water disruption or degradation of water quality or quantity that is outside the control of City and further subject to City's reasonably -enacted and imposed standard terms and conditions for delivery. All water service using the Water System shall be metered. Following Developer's completion of the Water System sufficient to provide fire flow protection and all-weather vehicle access for that phase of the Project, City shall issue building permits for up to ten (10) model home complexes and/or spec homes. City shall not issue any certificates of occupancy for any phase prior to the recording of the final plat and Developer's completion of the components of the Water System sufficient to provide municipal water service and fire flow protection of that phase of the Project and on-site roads constructed to the capacity required for full build -out of that phase in accordance with the final plat or approved improvement plans or as provided in ECC Title 11, Chapter 12. 3ra & 4`" Sentences; City response (12-4-13): Following Developer's completion of the Water System sufficient to provide fire flow protection and all wether vehicle access for that phase of the Project, City shall not issue any building permits for to ter (10) model homc for any phase prior to the recording of the final plat and Developer's completion of the components of the Water System sufficient to provide municipal water service and fire flow protection of that phase of the Project and on-site roads constructed to the capacity required for full build -out of that phase in accordance with the final plat or approved improvement plans or as provided in ECC Title 11, Chapter 12. Comment: While staff recognizes that the applicant wishes to allow construction to begin as soon as possible, City staff does not support the allowance of building permits prior to the construction and dedication of public roads to ACHD or final construction approval of private roads by the City engineer pursuant to Eagle resolution 00-07. 3`O & 4`" Sentences; M3 proposal (11-23-13): Comment: Following the Council's hearing on 11-21-13, City staff asked M3 to put sideboards on the original language to identify the number of model homes for which building permits (not occupancy permits) could be obtained prior to final plat. We did (i.e., 10 model homes) as shown above. On 12-4-13, staff provided the language to the left. . Real estate development is an economic development activity which produces significant revenues for the City and business within the community. Why would the City want to restrict the ability of the Developer and builders within Spring Valley to expedite the construction of model homes which are directly tied to the marketing and success of the community? Given the 2 to 3 month period of time that it takes to obtain approval of a final plat the current City code leads to a 4 to 6 month delay in delivery of product within the Project. (g) Irrigation and Related Uses. Developer may provide additional water rights or entitlements for use on the Project, through Developer's own non -potable water system or otherwise, for irrigation, aesthetic, amenity, non -potable and/or recreational use not served by the Water System within the Project, and shall make best efforts to provide for these uses with surface water, such as Farmers Union Canal Company or Re -Use Water or existing irrigation wells on the Property that are not part of the Water System. The method of providing water for non -potable uses shall be at the discretion, and under the control, of Developer so long as an adequate system and source of supply is provided, including a source of supply consistent with section 2.3 below. Any irrigation system shall meet the requirements of Eagle City Code Title 11. If Developer so requests, City will give good faith consideration to establishing a city irrigation system pursuant to Title 50, Chapter 18, Idaho Code, or otherwise, to deliver irrigation and other non -potable water to the Project. If City decides not to establish a city irrigation system, Developer may establish or contract with an irrigation or other special district, a canal company, or similar entity to serve the Project's non -potable uses consistent with the provisions of this Section. Nothing in this section C:\USERS\TOSBORN\APPDATA\LOCAL\MICROSOFTIWINDOWS\TEMPORARY INTERNET FILES\CONTENT OUTLOOK\EILE4JMS\SECTION 2-2 M3 COMMENTS 12-5-13.DOCX - 7 shall limit water delivery from City to Developer at a wholesale rate during those times when such water is available under the Municipal Water Right if it is not needed to serve other municipal water needs in the Project, and Developer has not yet constructed the facilities or generated the re -use or other non -potable water necessary to serve such needs. Caption; City Proposal: Irrigation and Related Uses. First sentence; City Proposal: Developer may provide additional water rights or entitlements for use on the Project, through Developer's own non -potable water system or otherwise, for irrigation, aesthetic, amenity, non -potable and/or recreational use not served by the Water System within the Project, and shall make best efforts to provide for these uses with surface water, such as Farmers Union Canal Company or Re -Use Water or existing irrigation wells on the Property that are not part of the Water System. Second Sentence; City Proposal: The method of providing water for non -potable uses shall be at the discretion, and under the control, of Developer so long as an adequate system and source of supply is provided, including a source of supply consistent with section 2.3 below. Last Sentence; City Proposal: Nothing in this section shall limit water delivery from City to Developer at a wholesale rate during those times when such water is available under the Municipal Water Right if it is not needed to serve other municipal water needs in the Project, and Developer has not yet constructed the facilities or generated the re -use or other non -potable water necessary to serve such needs. Caption; M3 Response: Irrigation and Related -Other Non potable Uses. First Sentence; M3 Response: Developer may -shall provide additional water rights or entitlements for use on the Project, through Developer's own nthe Non -potable water &System-er herw+se, for irrigation, aesthetic, amenity, non -potable, wildlife, and/or recreational uses (Including any necessary storage) • _ _ _ _ _ • - _ - _ _ - -- within the Project, and shall make best efforts to provide for these uses with Re -use Water and with surface water delivered under; sash -ss Farmers Union Canal Ditch Company shares or entitlements. : ' : _ .: . _ e irrigation wells on the Property that are not part of the Water System, or other water entitlements Developer may hold or acquire for these purposes (collectively. "Irriaation Water"). Second Sentence; M3 Response: The method of providing Re -use water Water for non-potablo ucecand Irriaation Water shall be at the discretion, and under the control, of Developer so long as an adequate system and source of supply is provided, including a source of supply consistent with section 2.3 below. Last Sentence; M3 Response: Nothing in this cectio- • - • ' - - _ - from-City-te-Developer shall be entitled to receive water deliveries from Citv's Water System, at a wholesale rate, for the uses described in this Paraaraph during those times when such water is available under the Municipal Water Right if it is not needed to serve other municipal water needs in the Project, and Developer has not yet constructed the facilities or generated or acquired the reRe- use Water or other non petable-Irrigation water Water necessary to serve such needs. C:\USERS\TOSBORN\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\EILE4JMS\SECTION 2-2 M3 COMMENTS 12-5-13.DOCX - 8