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Minutes - 2015 - City Council - 03/03/2015 - Special EAGLE CITY COUNCIL Special Meeting Minutes March 3,2015 1. CALL TO ORDER: Mayor Reynolds calls the meeting to order at 3:30 p.m. 2. ROLL CALL: MCFARLAND, BUTLER, KUNZ, RIDGEWAY. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Mayor Reynolds leads the Pledge of Allegiance. 4. ADDITIONS, DELETIONS OR MODIFICATIONS TO THE AGENDA:None 5. EXECUTIVE SESSION: When authorized. (1) An executive session at which members of the public are excluded may be held, but only for the purposes and only in the manner set forth in this section. The motion to go into executive session shall identify the specific subsections of this section that authorize the executive session. There shall be a roll call vote on the motion and the vote shall be recorded in the minutes. An executive session shall be authorized by a two-thirds (2/3) vote of the governing body. An executive session may be held: a. 67-2345 (b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student; b. 67-2345 (f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. The mere presence of legal counsel at an executive session does not satisfy this requirement. Mayor Reynolds introduces the issue. McFarland moves to go into Executive Session in accordance with I.C. 67-2345(b) to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student; and (f) to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. The mere presence of legal counsel at an executive session does not satisfy this requirement. Seconded by Kunz. McFarland: AYE; Butler: AYE; Kunz: AYE; Ridgeway: AYE: ALL AYES: MOTION CARRIES Council goes into Executive Session at 3:35 p.m. Council discusses personnel issues and pending litigation. Council leaves Executive Session at 4:25 p.m. Kunz moves that we amend the Agenda to include an additional agenda item dealing with approving the signing of the Water Stipulation between the City of Eagle and United Water. Seconded by McFarland. ALL AYES: MOTION CARRIES Page 1 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-03-03-I 5spmtngmin.doc 6. NEW BUSINESS: A. AA-03-15 — Appeal of DR-30-05 MOD2 regarding the Design Review Board decision to disallow the use of barbed wire fencing along the south side of the public pathway along the south channel of the Boise River within Common Lot 35 within the Laguna Pointe Subdivision —The City of Eagle: The City of Eagle, represented by William E. Vaughan, Eagle City Zoning Administrator, is appealing the Design Review Board decision to disallow the use of barbed wire fencing along the south side of the public pathway along the south channel of the Boise River within Common Lot 35 within the Laguna Point Subdivision. Application description: Laguna Pointe Homeowners' Association, Inc., represented by Nicole Hancock with Stoel Rives, is requesting a modification to the subdivision's design review approval to allow for the placement of a barbed wire fence (approximately 3,575—feet previously installed, approximately 800— feet to be installed) within Common Lot 35 along the south side of the public pathway along the south side of the south channel of the Boise River. The subdivision is located on the east side of South Eagle Road approximately 800-feet north of East Colchester Drive. (WEV) Mayor introduces the issue. Nicole Hancock, representing the Laguna Homeowners Association, provides Council the presentation that was presented to the Design Review Board and discusses the same. Also discusses the hearing at the Design Review Board on the matter. General Council discussion. Nicole Hancock, discusses the barbwire fence and the approval of the barbwire fence. The HOA is willing to talk to anyone on finding a solution. General discussion. McFarlan moves that City Council direst staff to remove the barbwire fence along the greenbelt and for us to reschedule another meeting to meet with the homeowners and come up with a permanent solution to this issue. General discussion. Motion dies for a lack of a second. Butler moves to approve AA-03-15 —Appeal of DR-30-05 MOD2 with the conditions as recommended by the Design Review Board and that we instruct Code Enforcement to take whatever action is necessary to deal with the wire fence that has never been permitted. Seconded by McFarland. Discussion. McFarland withdraws her second. Discussion. Kunz seconds the motion. Discussion. Butler amends the motion to add that the tee posts be replaced with wooden posts. Second concurs. McFarland: NAY; Butler: AYE; Kunz: NAY; Ridgeway: AYE: Mayor: NAY: MOTION FAILS. Kunz moves to adopt the three Site Specific Conditions of Approval as per the Design Review as documented with a 4th condition that two members of the City Council and two of the applicants meet to specifically accomplish two objectives: #1. Within the next week come up with a solution that is agreeable to both parties to improve the safety of the trail whether it be by eliminating the barbs, whatever it takes within the next week and then after that issue was resolved that the group will continue on to identify a more Page 2 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-03-03-15spmtngmin.doc aesthetically pleasing fencing material and type/style of fence that will solve or meet the longer term objective s as specified. Seconded by Ridgeway. Ridgeway: since we have another meeting in a week that we have a progress report at that City Council meeting on this issue. Kunz: so amended. Second concurs. Discussion. Ridgeway withdraws his second. Kunz withdraws his motion. Butler moves to continue this to the next meeting, March 10th, and that we appoint Jeff Kunz and Stan Ridgeway to meet with the applicants to try and work out some solutions and come back to us on the 10th hopefully with a resolution. Discussion. Seconded by McFarland. ALL AYES: MOTION CARRIES B. Fee Waiver Request—M3 Companies/M3 Eagle: M3 Companies/M3 Eagle, represented by Mark Tate, is requesting approval of a fee waiver for a portion of the engineering review fees associated with the review of Spring Valley Subdivision No. 1 (PP-06-12). (WEV/SEB) Mayor Reynolds introduces the issue. General discussion on continuing this item to another meeting even a special meeting. Joann Butler, representing M3 Companies, distributes handouts to the Council and provides Council an overview of the engineering fees and the request for approval of fee waiver. Mark Tate, M3, I'm wondering since time is short if you want me to proceed. I will need another 15 minutes. General discussion on starting the March 10th meeting early. Discussion on removing Pre-Council. Ridgeway moves to continue this issue to March 10th beginning at 4:00 p.m. Seconded by McFarland. McFarland. ALL AYES: MOTION CARRIES C. Water Stipulation between the City of Eagle and United Water United Water. Kunz moves to approve the signing of the Water Stipulation and Agreement for Withdrawal of Protest in the matter of Application for Permits #63-33876 and #63- 33878 in the name of the City of Eagle. Seconded by McFarland. ALL AYES: MOTION CARRIES 7. ADJOURNMENT: Mayor: motion to adjourn. Seconded by McFarland . ALL AYES: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 5:40 p.m. AN••,••'k Respectfully submitted: ' •PEE •�`••0 SHARON K. BERGMANN w J ,• : �� CITY CLERK/TREASURER • ``''•••'•�• # Page 3 K:\COUNCIL\MINUTES\Temporary Minutes Work Area AreaCC-O3-O3-15spmtngmin.doc A'PROVED: / ,! . , / MES D. REYNO D'' AYOR AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL UPON REQUEST. Page 4 K.\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-03-03-1 Sspmtngmin.doc ENGINEER REVIEW / DEVELOPMENT FEE SCHEDULE Subdivision / Phase No: Total Subdivision Size - Preliminary Plat (Lot #) Subdivision Phase Size - Final Plat (Lot #) Total Number of Units (preliminary plat) Units for this phase Spring Valley Phase #1 236 196 1 196 1 Select X 1 X 2 X 3 X 4 X 5 6 7 x 8 Select Select 9 Fee/Lot or Base Fee Acre FEE TOTAL Pro ect Concept Meeting / Review $ 200.00 $ 200.00 Pro ect Set-up$ 60.00 $ 60.00 Preliminat' Pat Check -list Review $ 230.00 $ 12.00 $ 3,062.00 On-site Walkover $ 230.00 $ 230.00 Special Development Reports (soil, geology, etc) $ 345.00 $ 6.00 $ 1,761.00 Grading Plan Review $ 230.00 $ 6.00 $ Traffic Report Review $ 115.00 $ 6.00 $ Initial Correspondence and Recommendations $ 320.00 $ 320.00 Additional Reviews (hourly deposit) $ 300.00 $ 6.00 I FINAL PLAT 10 Conduct Final Plat Check -list Review and Signature 11 Final Plat Correspondence 12 Additional Reviews (Result of Significant Change) 13 Present findings to City Council PRELIMINLRY PLAT FEE $ 5,633.00 Base Fee Fee/Lot FEE TCJTAL $ 230.00 $ _6.00 $ $ 230.00 $ $ 175.00 $ 6.00 $ 150.00 FINAL PLAT FEE $ ENGINEERING PLAN REVIEW (Phase or Lots in Construction"Plans) Base Fee Deposit/Lot DEPOSIT TOTAL 14 Initial Correseondence $ 200.00 $ 15 Overall Plan Review (Irrigation, Storm, layout, SWPPP, etc.) $ 750.00 $ 12.00 $ 16 Site Observation (Storm Sstem / Irrigation, etc.) $ 290.00 _ $ 17 Water Distribution�System Plan Review $ 150.00 $ 6.00 $ 18 Wastewater Collection System Plan Review $ 150.00 $ 6.00 $ 19 Private Street Design Plan Review $ 115.00 $ 6.00 $ 20 Other Reports/Submittals $ 230.00 $ 6.00 $ 21 22 ENGINEt~12ING PLAN RESEW DEPOSIT $ EAGLE MUNICIPAL WA I ER SERVICE AREA FEE Preliminary Plat in Eagle Municipal Water Service Area $ $ 896.15 $ Final Plat in Eagle Municipal Water Service Area $ - $ 1,203.86 $ EAGLE MUNICIP L WATER SER ICE AREA FEE $ I TOTAL FEE & DEPOSIT = $ 5,633.00 (H) Hourly expenses will be billed for the following items 1 Municipal water system design review (supply, storage, wells, etc.) 2 Water right review / acquisition 3 Flood plain development permit review 4 When additional reviews are required due to incompleteness of submittals or failure to meet conditions of initial review letter. 5 Additional meeting / site observations 6 Any review activity required that is not included in the above fee schedule. CITY OF EAGLE APPLICATION FEE SCHEDULE Project / Phase No: Spring Valley Phase #1 Total Subdivision Size (Acre #) 181.11 Subdivision Phase Size (Lot #) 236.00 Total Number of Units (Preliminary Plat) 196.00 Length of Private Street ft Properties within 500 ft of site Number of Waivers Select x Preliminary Plat PLANNING APPLICATION FEES 12/12/2012 ' Fee/Lot or Base Fee Acre FEE TOTAL $ 1,450.00 $ 20.00 $ 6,170.00 Final Plat $ 600.00 $ 20.00 $ PUD Planning & Conditional Use $ 1,200.00 $ 20.00 $ PUD Final Development $ 300.00 $ 20.00 $ Private Road $ 400.00 $ 0.35 $ Development/Annexation Agreement $ 800.00 $ 20.00 $ x Development/Annexation Agreement Modification $800.00_ $ 800.00 Annexation up to5 acres $ 250.00 _ $ Annexation 5.01 to 10 acres $ 500.00 $ Annexation 10.01 or more acres $ 1,100.00 $ Rezone less than 100 acres $ 1,100.00 $ Rezone over 100 acres $ 1,100.00 $ 40.00 $ Flood Plain Development Permit Flood Plan Determination Letter Comprehensive Plan Change - Map Comprehensive Plan Change - Text Conditional Use Permit - Residential Conditional Use Permit - Other Variance Vacation (plus $5/property w/in 500ft) City Ordinance Text Amendment Incl. zoning, subd, or flood control Planning Inspection/Reinspection Fees Lot Line Adjustment $ 500.00 $ 25.00 $ 2,000.00 _ $ $ 1,500.00 $ $ 800.00 $ 10.00 $ $ 800.00 $ 10.00 $ $ 800.00 $ $ 400.00 $ 5.00 $ $ 1,300.00 $ $ 60.00 $ $ 200.00 $ K:\Planning Dept\Engineering & Legal Fees\2012\M3 Spring Valley Phase #1 ESelect Lot Split ' $ 200.00 $ - Condominium Plat $ 500.00 $ - Extension of Time $ 100.00 $ Accessory Use Permit $ 300.00 $ Administrative Modification $ 125.00 $ Annexation up to5 acres $ 250.00 Annexation 5.01 to 10 acres $ 500.00 Annexation 10.01 or more acres $ 1,100.00 Appeal . $ 250.00 Waiver Fee $ 100.00 TOTAL CITY APPLI :ATION FEES: $ 6,970.00 EAGLE MUNICIPAL WATER SERVICE AREA FEES Base Fee()Fee/Lot FEE TOTAL Preliminary Plat in Eagle Municipal Water Service Area 0 $ 1,050.00 $ Final Platin Eagle Municipal Water Service Area [ $ 1,050.00 $ TOTAL EAGLE MUNICIPAL ,NATER SERVICE AREA FEE: $ TOTAL FEE = $ 6,970.00 11 K.\Planning Dept\Engineering & Legal Fees\2012\M3 Spring Valley Phase #1 m3companiesTM Via Email and Overnight Delivery January 5, 2015 Mayor and City Council Members City of Eagle 660 E. Civic Lane Eagle, ID 83616 Re: Spring Valley Mediation Dear Mayor and City Council Members: I apologize for the delay in getting a response to Ms. Buxton's letters dated November 6, 2014 and November 12, 2014. Right after receipt of the November 12th letter, my mother passed away unexpectedly and I was out attending to her and my father's affairs the last couple of weeks of November and have been playing catch up all month. The intent of what we are trying to accomplish is getting lost in translation. Recently Councilman Ridgeway suggested in the Independent News, that our company was being given preferential treatment over other developers who are expected to stick to fee schedules and agreements with the City. I would be shocked if there is another developer who has reimbursed the City of Eagle approximately $1,000,000 over the last seven years. Furthermore, I doubt that the City is charging all developers the same amount of additional engineering fees to process preliminary plats. As just one example, our company has not incurred these type of fees for our Foxtail development in Eagle nor has Mark Tate found anyone else who has. Can you please provide me examples of other developers being charged almost $100 per lot to process a preliminary plat? In the November 16, 2014 Letter Ms. Buxton states that "M3 shall pay the standard application processing fees"- I emphasize "standard." The reason that we have protested the costs to process our application to date is because we don't find these fees to be standard. Being forced to pay a fee which is 350% higher than the surrounding municipalities is not standard, but instead it is unreasonable. Per Ms. Buxton's November 12, 2014 letter we were notified that our company had not requested a waiver of these extraordinary fees. I hereby make request to waive the additional costs of $15,512.54 in additional engineering and $665.00 in additional engineering meeting time. 4222 Fast Camelback Road ! Suite 11100 I Phoenix, Arizona 85018 I Phone 602.386.1325 1 Fax 602.386.1315 1 www m3companiesllc. com January 5, 2015 Mayor and City Council Members City of Eagle Page 2 With respect to the recent and past billings of the City for general meeting time, JoAnn Butler and I have met with and continually expressed concerns to the Mayor and Ms. Buxton, that general meeting time is a City expense not an applicant's expense. Just a few recent examples of time billed by Nichoel Baird Spencer are: • On September 29, 2014 - discuss the Reimbursement Agreement, with SEB and CDM -1.25 hours billed • On October 1, 2014 - meeting with Mayor and Councilman Kunz re: billing email - .25 hours billed • October 8, 2014 - meeting with SEB, Mayor, WEV about unpaid invoices - 4.5 hours billed • October 16, 2014 - response to BB ltr regarding billings -1.75 hours billed • October 21, 2014 - Mayor It to BB; mtg with SEB and Mayor - 3 hours billed Our objection to this billing, like so many of our objections, is that the billings are related to normal City functions - not development applications. The Reimbursement Agreement is specifically for reimbursement of overhead incurred which is not covered by a City fee, not for the payment of the City daily duties. We ask that the fees referenced above be waived as well. The Reimbursement Agreement in paragraph 2 specifically states: "The fees collected by the City in connection with this Agreement shall be used solely for the purpose of reimbursing the City in connection with the City staff and/or City consultants' review and processing of Development Submittal(s) subject to the Scope of Review and its amendments, if any." Clearly daily duties of the City staff or its attorneys or consultants do not qualify. What our goal has been is to stop the process of M3 being charged fees which are not within industry standards and do not meet the intent of the Reimbursement Agreement and to: 1. Define a process which is more predictable in both cost and time. All we continue to hear is that it is "M3's fault." We are not looking to assign blame, but instead are looking to find solutions; 2. Receive timely billings. For example the billings for excess engineering time were received on October 1, 2014 for billings from the engineer to the City in 2013. After receiving this year-old bill, our company was instructed to either pay up or else; t January 5, 2015 Mayor and City Council Members City of Eagle Page 3 3. Have a constructive conversation about what is required to develop a master planned community of this scale, set expectations for schedules, processes and personnel; and to 4. Have a constructive conversation about the intent and prior history of the billings under the Reimbursement Agreement. Since there are no pending applications between M3 and the City, we would expect that no additional billings will be received by M3 until such time as: 1. M3 submits a new application. 2. Per the Reimbursement Agreement Scope of Review "The City staff and M3 shall meet and discuss the scope of the City's review ("Scope of Review") of the Development Submittals and estimate the fees for such review which are not covered by applicable fee schedules established by the City in conjunction with or directly related to the Development Submittals." Enclosed is a check in the amount of $5,128.41 for payment of non -contested invoices described below. I have attached the outstanding invoices that we have received for your convenience. CITY OF EAGLE Invoice Date Work Completed Amount Contested PZ141001 10/1/14 10/14 $ 77.69 PZ 141002 10/1/14 9/14 $ 245.49 PZ141003 10/1/14 9/14 $ 668.11 PZ141106 11/3/14 10/14 $ 77.69 $ 77.68 Billing for codification work which M3 agreed to pay 50% of and has paid per prior invoice. PZ141105 11/3/14 10/14 $ 559.35 $ 559.35 Billed for Misc work that is not tied to a specific Development Submittal is not reimbursable. PZ141108 11/3/14 10/14 $ 46.61 PZ141201 12/1/14 11/14 $ 372.90 $ 372.90 No supporting backup information CITY TOTALS $2,047.84 $1,009.93 January 5, 2015 Mayor and City Council Members City of Eagle Page 4 HOLLADAY ENGINEERING Invoice Date Work Completed Amount Contested PZ141004 10/1/14 8/14 $1,470.00 $1,470.00 For review of Grading Permit, we did not request a grading permit. Please provide further clarification. PZ141005 10/1/14 8/14 $ 105.00 PZ141009 10/1/14 11/13-2/14 $9,402.54 $9,402.54 This is a prime example of untimely billing. We had paid a fee for the preliminary plat to the City under the assumption that it covered the engineers' expenses, but then we receive a billing on 10/1/14 for billings from 11/8/13 to 2112/14. The billing lacks any specific detail to support the additional work. PZ141011 10/1/14 4/14 $2,696.25 $2,696.25 The billing lacks any specific detail to support the additional work. PZ141012 10/1/14 4/14-5/14 $1,775.00 $1,775.00 The billing lacks any specific detail to support the additional work PZ141013 10/1/14 8/14 $ 665.00 $ 665.00 This should have been included in the original fee estimate. The hearing for this plat did not require more than the normal course of business public meetings. The meeting with the Schirmers was related to the sewer plant location, was initiated by the City, and was not a preliminary plat issue. PZ141205 12/3/14 9/14-10/14 $ 735.00 $ 735.00 Billed for Misc work for Grading Permit. This billing includes 5.25 hours for Michael Davis for a grading permit for which there is no pending application. HOLLADAY TOTALS $16,848.79 $16,743.79 January 5, 2015 Mayor and City Council Members City of Eagle Page 5 CITY ATTORNEY Invoice Date Work Completed Amount Contested PZ141006 10/1/14 8/14 $1,389.44 Pz141007 10/1/14 8/14 $ 356.94 Pz141008 10/1/14 8/14 $ 400.94 PZ141101 11/3/14 9/14 $ 61.58 $ 61.58 For I-120/Water Fac. Plan. This plan has been approved for some time and was not part of an active application. PZ141102 11/3/14 9/14 $ 187.08 PZ141103 11/3/14 9/14 $ 914.58 PZ141104 11/3/14 9/14 $2,101.50 $2,101.50 Billed for miscellaneous work. Reimbursement Agreement requires the billings to be tied to specific Development Submittals. PZ141203 12/3/14 10/14 $ 736.53 PZ141204 12/3/14 10/14 $1,448.52 $1,448.52 Billed for miscellaneous work. Reimbursement Agreement requires the billings to be tied to specific Development Submittals. CITY ATTORNEY TOTALS $7,596.11 $3,611.60 SUMMARY OF BILLINGS Billed Paid Contested City of Eagle $ 2,047.84 $ 1,037.90 $ 1,009.93 Holladay Engineering $16,848.79 $ 105.00 $16,743.79 City Attorney $ 7,597.11 $ 3,985.51 $ 3,611.60 Totals $26.493.7A $ 5,128.41 $21,365.32 Per our prior requests we would like to have a public meeting with the City Council to discuss the Reimbursement Agreement and, if necessary, the contested fees as described hereinabove. We request that such a meeting be set for the City Council agenda for either the second meeting in January 2015 or the second meeting in February 2015. January 5, 2015 Mayor and City Council Members City of Eagle Page 6 Please contact me if you have any questions. Since ely yours, W' ' I. Brownlee Enclosures c: Susan Buxton Mark Tate M3 Eagle, LLC DATE INVOICE NO 10-31-24 P7141001 10-01-14 -2:141002 10-01-14 PZ141003 10-01-14 92141005 10-01-14 PZ141006 10-01-14 .7,14100:' 10-01-14 PZ14 1 008 11-C3-14 90.14_102 11-03-14 P0141103 11-0-')-14 9014_2C'5 12-30-14 P7,14121)3 DESCRIPTION CSty Staff -NES City Staff -NRS City Staff -NBS Holladay Engineering f City Attorney Fees City Attorney Fees City Attorney Fesc City Attorney Fees City Attorney Fees City Staff-NBS City Attorney Fees 5 I CHECK DATE CHECK 1- - 1" I NUMBER M3 Eagle, LLC DATE INVOICE NO 1C-01-14 PZ14101 10-01-14 PZ141032 1C-01-14 PZ141033 1G-01-14 P7,1410C)5 10-0i-14 PZ141006 10-01-14 P0141007 10-01-14 PZ1.41008 11-03-14 P7,141102 11-C3-14 9Z141103 11-03-14 ?Z14108 11-30-14 ?Z41203 CHECK DATE 4791 TOTAL> PLEASE DETACH AND RETAIN FOR YOUR RECORDS INVOICE AMOUNT '.69 245.49 663.11 105.00 1389.44 356.94 400.94 187.08 911.58 45.61 736.53 :128.41. DESCRIPTION City Staff -NBS City Staff -NES City Staff -NES Hci:aday Er gi neer_n f City Attorney Fees City Attorney Fees City Attorney Fees City Attorney Fees City Attorney Fees City Staff-NBS City Attorney Fees CHECK 1-05-15 NUMBER M3 Eagle, LLC 4222 E Camelhack Road Suite H 100: Phoenrx, AZ 85018 (602) 386-1306 4 7 9 I TOTAL> CIT0015 C_ Y OFEAG-_,E. DEDUCTION BALANCE 77.69 245.4: 668.11 105.00 1389.44 356.94 r. 4 0.94 187.08 914.58 46.61 736.53 5_28.41 CIT0015 CITY D' EAGLE INVOICE AMOUNT DEDUCTION BALANCE 77.69 245.49 6;3.11 105.00 1389.44 356.94 400.94 187.08 914.58 46.61 736.c)3 5128.41 PLEASE DETACH AND RETAIN FOR YOUR RECORDS MidFirst Barik 3030 E CamelbacK.Road PHOENIX: AZ 85015.. 'DATE . January 5, 2015:: Pay *************Five thousand one hundred twenty-eight dollars and 41 cents PAY • : CITY:OF EAGLE TOME 'PO -BOX 1520 ORDER OF 660:E CIVIC LANE EAGLE, ID 83616 00000004? cie I: L 2 2 La ? L, , 5I: CHECK NO 479 "252 3008 70 9e 77.69 245.49 668.11 103.00 1389.44 356.94 400.94 187.08 946.c� 736.53 5128.41 91-8744 ..252 1221 AMOUNT $****"*5,128.41 :AUTHORIZED SIGNATURE: Eagle Planning & Zoning - PO Box 1520 660 E. Civic Lane Eagle, ID 83616 Ph: 208-939-0227 Fx: 208-938-3854 Biti To M3 Companies Attn: Markin Weis. Accounts Payable 4222 E. Came'back Road. Suite 1-1-100 Phoenix, AZ 85018 DATE September 2014 City Stnf NBS DESCRIPTION • Data Invoice # toil/2014 PZ141001 Collection of Ices incurred by Laud Use applications is allowed by Eagle City Cock I -7-4A: The City Cleric shall collect the fee for such action established through a resolution of the City Council together with any direct costs incurred by the City in obtaining a review of the application, by architects. engineers or their professionals necessary to enable the City to approve or disapprove the application in an informed manner. Terniu Project Nct 30 Misc.-170-00-060 65-9800 Please remit payment to City of Eagle & reference the Invoice # in the top right coma of this page. INVOICE 4 N/A Tot& TOTAL 77.69 $77.59 M3 Time Log - General/Misc. Job # 170-60-050 65-9300 Name: Michael Baird pencer HoLriy . _....., _ . Hours 5che th !cd! Date Description Ailocat d Actual Hou s E-mail from M. Tate about draft applications; reimbursement 18 -Sep dS agreement changes received from 5E8 i 25 Sep annotated changes to application from M. Tata 0.25 a6 -application review and comment on changes, sent notes to city 0.75 1p attorney E-mail and Phone about reimbursement agreement and fee 29 -Sep 1.25 schedules with SES & COM Hr. Total Tota' Mileage Date' -Total: �Maif 'iR •••• ti�..•it .� . RT=Round trip Description -1Vion hly General Total Hours ,Mileage/Parkin $ 'Combined .- . sea 1.251 $n.s9 ....„.............i............ . To/From Distance Cast 577.69 $77.69 Eagle Planning & Zoning PO Box 1520 660 E. Civic Lane Eagle, ID 83616 Ph: 208-939-0227 Fx: 208-938-3854 RECEIVED OCT "Y094Invoice BILI To M3 Companies Attn: Marken Weis, Accounts Payable 4222 E. Cantclbadc Road, Suite H-100 Phoenix, AZ 85018 DATE September 2014 City std44BS DESCRIPTION Date 10!1/2014 Invoice # PZ141002 Collection of fees ineuttef by Land Use applications is allowed by Eagle City Code 1-7-4A: The City Clerk shall colkct the fcc for such action established through a resolution of the City Council together with sny direct costs incurred by the City in obtaining a review of the application, by architects, engineers or their professionals necessary to enable the City to approve or disapprove the application in an informed ntanncr. Terms Pralect Net 30 Dcv. Stnds.-170.00.060 654300 Please remit payment to City of Eagle & reference the Invoice # in the top right comer of this page. INVOICE # NIA Total TOTAL 245.49 $245.49 M3 Time Log - Development Standards Job ei 17040-060 65-8300 Name: fdkhngl Baird Saunter Hourly Date 12 -Sep 16 -Sep Hr. Total ;Toted Description e-mafrom M. Tate with Code exhibit changes requesters in 6/24/14 Edit 11A per 9/12 e-mail and new exhibits, review per June 24 mtg Hours Scheduled/A Actual notated Haters - 0.2' 3.75 9.95• $245.49 Mileage Date ResaTo/From Distance Cost �Tatak tt'TcrRound trip :Monthly Development Standards Total Hours iM Heage/Parking $ Combined $245x9 $245.49 0 $ Eagle Planning & Zoning PO Box 1520 660 E. Civic Lane Eagle, ID 83616 Ph: 208-939-0227 Fx: 208-938-3854 EIS To 1A3 Companies Attic Mariam Weis, Accounts Payable 4222 E. Camcibacic Road, Suite H-100 Phoenix, AZ 85018 DATE September 2014 City Strfi-1YBS RECEIVED OCT 01 20t4 invoice Date 10/1/2014 Invoice # PZ141003 Collection of foes incurred by Land Use applications is allowed by Eagle City Code 1-7-4A: The city Clerk shall collect the kc for such action established through a resolution of the City Council together with any direct costs incurred by the City in obtaining a review of the application, by architects, engineers or their professionals nay to enable the City to approve or disapprove the application in an informed manner. Terms F• t• t Net 30 Manning Unit MP -110-000 65-0500 DESCRIPTION Please remit payment to City of Eagle & reference the invoice # in flee top right corner of this page: INVOICE # N7A Total TOTAL 668.11 $668,11 M3 Time Log - Master Plan/ PUMP Name: Nichoel Baird Spencer Hourly Job 0 17040460 65.0500 Hours Scheduled/A Actual Hours Date Description !located 8 -Sep Craft PUMP findings, email to SEB & CDM 4.25 9 -Sep Mtg with 5E6 & CDM to discuss findings 1.25 15 -Sep Edits to findings per attorney 3.25 23 -Sep Findings- Edits from City attorney 1.5 - Findings- made changes from City attorney and 29 -Sep returned floc for review O.S 'Hr. Total Total : Mileage Date TSI: RTaRound trip Monthly PUMP Total Hours .Miteage/ParlIng 5 fombhted Description 5668.11 3668.11 , 10.7s I Eagle Planning & Zoning RECEIVED OCT 012014 Pik Box 1 520 660 E. Civic Lane Eagle, ID 83616 Ph: 208-939-0227 Fx: 208-938-3854 Bill To M3 Companies Attn: Marlecn Weis, Accounts Payable 4222 E. Cornerback Road, Suite H.100 Phoenix. AZ 85018 DATE September 16, 2014 Holladay Engineering Fees DESCRIPTION Data Involco # 10/1/2014 PZ141005 Collection of few incurred by Land Use applications is allowed by Eagle City Code 1-7-4A: The City Clerk shall collect the fez for such action established through n resolution ache City Council togctbza< with any direst costs incurred by the City in obtaining R review of the application, by architects, engineers or their professionals nccessa y to enable the City to approve or disapprove the application in an informed manner. Terms Net 30 Planning Unit YIP -170.00-060 65-0500 INVOICE # TOTAL 40750 105.00 Pleeass© remit payment to City of Eagle & reference the Invoice 0 in the top right corner of this page. 5105.00 1f'l ;i A'Y ENGINEERING ING CO. .4":igerteers • Consul :ants • 32 No Main • PO Box 235 • Payette, 1D 83661 - 208.642.3304 Oty of Eagle September 16, 2014 PO Boy: 1520 Invoice No: 40750 Eagle, ID 83616 Project Manager Michael Davis Project E 312-0058WMPS 2012 Water System - Water Master Plan Update - Sprue Valey PrvaFessiona Services for to Pcricd: Au ud 03. 2014 toAuoust 30.2014 Profmaionel Personnd Principal Brewer, Vernon Pump 1 review for WhiP Totals Y Oi labor 8/5/2014 Hours Rade Amount .75 140.00 105.00 .7S 105.00 Tota) Project Invokm Amount All Invoices are due upon receipt. A monthly late charge of 1.5% will be added to any unpaid balance alter 30 days. 105.00 $105.00 Eagle Planning & Zoning PO Box 1520 660 E. Civic Lane Eagle, ID 83616 Ph: 208-939-0227 Fx: 208-938-3854 RECEIVED OCT 01 2014 Bid To M3 Companies Attn: Marken Weis. Accounts Payable 4222 E. Camelback Road, Suite 1-1-100 Phoenix, AZ 85018 DATE August 31, 2014 City Attorney Fees DESCRIPTION Date 10/1/2014 IC tnvoico ## PZ141006 Collection of fes incurred by Land Use applications is allowed by Eagle City Code 1-7-4A: The City Clerk shall collect the fee for such action established through u resolution of the City Council together with any direct costs incutmd by thc City in obtaining a review of the application, by architects, engineers or their pro'essionsls necessary to enable the City to approve or disapprove the application in an informed manner. Terms Project Net 30 Planning Uni: MP -170-00.060 65-0500 Please remit payment to City of Eagle & reference the Invoice 0 in the top right corner of this page. INVOICE # 50948 Total TOTAL 1,389.44 $ 1,389.44 Eagle Planning & Zoning PO Box 1520 660 E. Civic Lane Eagle, ID 83616 Ph: 208-939-0227 Fx: 208-938-3854 RECEIVED OCT 014 Bill To M3 Companies Attn: Marken Weis, Accoumg Payable 4222 E. Came!back Road, Suite H-100 Phoenix, AZ 85018 DATE August 31, 2014 City Attorney Fees DESCRIPTION Inv Date 10/112014 Invoice # PZ1410a7 Collection of fees incurred by Land Use applications Is allowed by Eagle City Code 1.7-4A: The City Clerk shall collect the fcc for such action established through a resolution of the City Council together with any direct costs incurred by the City in obtaining a review of the application, by architects, engineers or their professionals necessary to enable the City to approve or disapprove the application in an informed Hamner. Terris Project Net 30 Misc.-170-00-060 65-9800 Please retnit payment to City of Eagle re reference the invoice # in the top right corner of this page. INVOICE 50948 Total TOTAL. 356.94 5356.94 Eagle Planning 8t Zoning PO Box 1520 RECEIVED OCT 012014 660 E. Civic Lane Date invoice # Eagle, ID 83616 10/1/2014 PZ141008 Ph: 208-939-0227 Fx: 208-938-3854 Invoice Bill To M3 Companies Attn: Marken Weis, Accounts Payable 4222 E. Comelback Road, Suite H-100 Phoenix, AZ 85018 DATE August 31. 20l4 Cky Attorney Foes DESCRIPTION collection of fees incurred by Land Use applications is allowed by Eagle City Code 1-7-4A: The City Clerk shall collect the fee for such action established through a resolution of the City Council together with any dinxt costs itwurrd by the City in obtaining u review of the application, by architects, engineers or their professionals to enable the City to approve or disapprove the application in an informed ntanner. Terms Project Net 30 H2O/Wasste Fac. Pian -170.00.060 70-5000 INVOICE # 50948 Please remit payment to City of Eagle & reference the Invoice # in the top right corner of this page. Total TOTAL 400.94 S400.94 Eagle Planning & Zoning PO Box 1520 660 E. Civic Lane Eagle, ID 83616 Ph: 208-939-0227 Fx: 208-938-3854 Bill To M3 Companies Atte: Marken Weis. Accounts Payable 4222 E. Camclback Road, Suite H-100 Phoenix, AZ 85018 DATE - September 30, 2014 City Attorney Fees DESCRIPTION RECEIVED N0a 03 2014 Invoice Date Invoice # 11;312014 PZ141102 Collection of &es incuned by Land Use applications is allowed by Engle City Code 1-7-4A: The City Clerk shall collect the fec for such action established through a resolution of the City Council together with any direct costs incurred by the City in obtaining a review of the application. by architects. engineers or their professionals necessary to enable the City to approve or disapprove the application in an informed manner. Terms Project Net 30 Preliminary Plat - PP -06-12 Please remit payment to City of Eagle & reference the Invoice # in the top right comer of this page. INVOICE # 51152 Total TOTAL 187.08 5187.08 Eagle Planning & Zoning PO Box 1520 660 E. Civic Lane Eagle, ID 83616 Ph: 208-939-0227 Fx: 208-938-3854 Bill To M3 Companies Attn: Marlcen Weis, Accounts Payable 4222 E. Camelback Road, Suite H-100 Phoenix, AZ 85018 DATE September 30, 2014 City Attorney Pecs DESCRIPTION RECEIVED NOV 9 Date 11/3/2014 °ice Invoice # PZI41103 Collection of fees incurred by Lund Usc applications is allowed by Eagle City Code l -7-4A: The City Clerk shall collect the fee for such action established through a resolution of the City Council together with any direct costs incurred by the City in obtaining a review of the application, by architects, engineers or their professionals necessary to enable thc City to approve or disapprove thc application in an informed manner. Terms Project Nct 30 Planning Unit MP -170-00-060 65-0500 51152 INVOICE # Pleasc remit payment to City of Eagle & reference the Invoiuc: # in the top right corner of this page. Total TOTAL 914.58 5914.58 Eagle Planning & Zoning PO Box 1520 660 E. Civic Lane Eagle, ID 83616 Ph: 208-939-0227 Fx: 208-938-3854 Bill To M3 Companies Attn: Marken Weis, Accounts Payable 4222 E. Camclback Road, Suite H-100 Phoenix, AZ 85018 DATE October 2014 City StafPNBS DESCRIPTION iC,L+VED NOV 03 Z014 lnvoce Date Invoice # 1112014 PZ141108 Collection of fees incurred by Land Use applications is allowed by Eagle City Code 1-7-4A: The City Clerk shall collect the fee for such action established through a resolution of the City Council together with any direct costs incurred by the City in obtaining a review of the application, by architects, engineers or their professionals necessary to enable the City to approve or disapprove the application in an informed manner. Terms Project Net 30 BLM ROW Acq:170-00.060 65-2500 Please remit payment to City of Eagle & reference the Invoice # in the top right comer of this page. INVOICE # NSA Total TOTAL 46.61 $46.61 M3 Ti e Log - DLM ROW Name: Nichoel Baird Spencer Hour!') Date Description 28 -Oct Bi.M letter and website review of ROW permit Hr. Total :Total Mlieage Date Total: RT=Round trip Description Job # 170.00-060 65-2500 Hours . . Scheduled/ Actual Hours Allocated I 0.75 0.75' $46.61 • To/From Distance Cost Monthly BLM Total Hours $46.61 Mileage/Par $ - f Combiner! $46.61 I 0 Eagle Planning & Zoning PO Box 1520 660 E. Civic Lane Eagle, ID 83616 Ph: 208-939-0227 Fx: 208-9384854 RECEIVED DEC pg 2014Invoici ®H! To M3 Compote* Attn: Marken Web, Accounts Payable 4222 E. Camdbaec Road, Suite H-100 Phoenix, AZ 85018 DATE DESCRIPTION Date 12/42014 Invoice PZI41203 Collection of fees incurred by Land Use applications is allowed by Eagle City Code 1-7-4k The City Clerk shall collect the fee for such action established through a resolution of the City Council together with any direct costa Incurred by the City in obtaining a review of the application, by architects, engineers or their professionals necessary to enable the City to approve or disapprove the application in an informed manner. Terms Project Net 30 Preliminary Plat - PP -06-12 October 31, 2014 City Attorney Fees lease remit payment to City of Eagle & reference the Invoice # in the top right comer of this page. INVOICE # 51365 TOTAL 736.53 Total $736.53 Eagle Planning & Zoning PO Box 1520 RECEIVED NOV 0 3 1014 660 E. Civic Lane Eagle, ID 83616 Ph: 208-939-0227 Fx: 208-938-3854 Bill To M3 Companies Ann: Marian Weis, Accounts Payable 4222 E. Cetnclbadc Road, Suite H -i00 Phoenix. AZ 85018 DATE October 2014 City Staff' -NHS DESCRIPTION Invoice Date 11;3/Z014 Invoice # PZ141106 Collection of fees incurred by Land Use applications is allowed by Eagle City Code I.7 -4A: The City Cleric shall collect the fee for such acdon established through a resolution of the City Council together with any direct costs lacurrcd by the City in obtaining a review of the application, by architects, engineers or their professionals necessary to atmbie the City to approve or disapprove the application in an informed manner. Terms Project Net 30 Dcv. Stnds.- 170-00-060 65-8300 INVOICE # TOTAL N?A 77.69 Please remit payment to City of Eagle & reference the Invoke # in the top right corner of this page. Total 377.69 M3 Time Log - Development Standards Job 170.00.060 65.8300 Name: Nlchoet Baird Spencer Hourly Hours Scheduled/A Huai Date Description liocated Hours 15 -Oct Follow up mail to M. Tate re: code iQ/22 to 10/23 E-mail from M. Tate. Codification changes and final prep to send to 1.25 Sterling Hr. Total Total : Mileage Date Total: RT=Round trip Description Monthly Development Standards Total Hours Mileage/Park ng $ Combined $77.69 $77.69 1.25• $77.69 To/From Distance 0 Eagle Planning & Zoning PO Box 1520 660 E. Civic Lane Eagle, ID 83616 Ph: 208-939-0227 Fx: 208-938-3854 S1 To M3 Companies Ates: Marian Weis, Accounts Payable 4222 E. Camclbuck Road. Suite H -I00 Phoatix, AZ 85018 DATE October 2014 City Staff DESCRIPTION RECEIVED NOV 031014 Invoice Date 11,1312014 Invoice # PZ141105 Collection of fees incunrd by Land Usc applications is allowed by Eagle City Code 1-7.4A: The City Clerk shall collect the Ice for such actfatt established though a resolution of the City Council together with any direct costs incurred by the City in obtaining a review of the application, by architects, engineers or their professianais necessary to enable the City to approve or disapprove the application in an informed manna. Terms Prcject Net 30 Misc.-170-00-060659804 INVOICE # N/A Please remit puyment to City of Eagle & refcrencc the Invoice 0 in the top right corner of this page. Total TOTAL 559.35 $55935 M3 Time Log • General/Misc. Name: Nichael Baird Seencer Hourly Job 9 170-00-060 554800 Hours Scheduled/ Date Description Allocated Actual Hours 1 -Oct Mtg with Mayor & Coundlman Kura re: Billing; Email SEB & CDM re M3 outstanding bills 3 -Oct M3 Spedfic Englneer Application and Fee Schedule changes from M.Davis Mtg with 568, Mayor, WEV and MM about unpaid Invoices, 8 -Oct accounting of fee schedule requirements vs. actual payments, drafting of letter to BB 9 -Oct Prep M3 fee schedule for CC pkt and website 14 -Oct CDM Response to 85 Ltr, CC mtg on M3 Fee schedule 1S -Oct review of grading permits from Holladay Entlneering 164kt Response to BB IV retarding billings, mcg with Mayor 20 -Oct Ischeduling M3 fee schedule mtg with SEB, phone with SEB 21-OCt Mayer lir to BB; mtg with 5E8 and Mayor 27 -Oct Email from and response to B. Watson re: electrical substations In DA and In 1st PUMP Hr. Total Total : Mileage Date Total: RTTRound trip Monthly General Total kours Mileage/Parkin $ Combined Desai tion $55935 $559.35 1.25 0.25 4.5 0.25 0.75 2 1.75 0.75 3.00 0.5 0 9 $5S9.35 To/From Distance Cost o Is Eagle Planning & Zoning O Box 1520 660 E. Civic Lane Eagle, ID 83616 Ph: 208-939-0227 Fx: 208-938-3854 RECEIVED DEC OS 2014 Big To M3 Compete Attn: Marlen Wois, Accounts Payable 4222 E. Cam1baak Road, Suite H-100 Phoenix, AZ 85018 DATE November 2014 City Staff NBS DESCRIPTION Invoice Date 12/3/2014 Invoice # PZ141201 Collection of fees incurred by Land Use applications is allowed by Eagle City Code 1-7-4A: The City act shall collect the fee for such action established through a resolution of the City Council together with any direct costs incurred by the City in obtaining a review of the application, by architects, engineers or their professionals necessary to enable the City to approve or disapprove the application in an infonned manner. Terms Project Net 30 Dev. Studs. -170-00-060 65-8300 Please remit payment to City of Eagle & reference the Invoice # in the top right corner of this page. INVOICE # N/A Total TOTAL 372.90 $372.90 Eagle Planning & Zoning PO Box 1520 RECEIVED OCT 012014 660 E. Civic Lane Eagle, ID 83616 Ph: 208-939-0227 Fx: 208-938-3854 BSI TO M3 Companies Atm: Marla en Weis, Accounts Payable 4222 E. Camelbodc Road, Suite H-100 Phoenix, AZ 85018 DATE September 16, 2014 Holladay Engineering Fexs DESCRIPTION Invoice Date 10/1/2014 Invoice # PZ141004 Collection of foes 'named by Land Use applications Is allowed by Eagle City Code 1-7.4A. The City Clerk shall collect the fee for such action established through a resolution of the City Council together with any direct costs iaeueed by the City In obtaining a review of the application, by architects, engineers or their professionals necessary to enable the City to approve or disapprove the application in an informed manner. Terms Pre ect Net 30 Planning Unit MP -170.00.060 65-0500 INVOICE # 40754 Please remit payment to City of Eagle & reference the Invoice* in the top right corner of this page. Total TOTAL 1,470.00 51.470.00 00 HOLLADAY ENGINEERING CO. Engineers - Consultants 32 No Main • PO Box 235 • Payette, ID 83661 • 208.642.3304 City of Eagle 5eptember 16, 2014 PO Box 1520 Invoice Na: 40754 Eagle, ID 83616 Project Manager Michael Davis Project EG12-0305PUMP Spring Valley / M-3 Planning Unit Master Plan 1 (PUMP) 65-0500 professfonai ServIses for the Period: AuQurt 03.2014 to August 30. 2014 Professional Personnel Hours Rate Amount Principal Davis, Michael 8/22/2014 4.75 140.00 665.00 No Charge - Grading permit/fee schedule - review of Hillside Guidance documents Davis, Michael 8/25/2014 1.00 140.00 140.00 Grading permit draft • emall to Qty Davis, Michael 8/26/2014 1.50 140.00 210.00 Meeting prep; review files, letters Davis, M lchad 8/26/2014 2.25 140.00 315.00 Pubic Hearing - Council meeting Davis, Michael 8/27/2014 100 140.00 140.00 Meeting with Nichoel - Grading permit/fee schedule Totals 10.50 1,470.00 Total Labor Total Project Invoice Amount All Invoices are due upon receipt. A monthly late charge of 1.5% will be added to any unpaid balance after 30 days. 1,470.00 / $1,470.00 Eagle Planning & Zoning PO Box 1520 660 E. Civic Lane RECEIVED OCT 01 Eagle, ID 83616 Ph: 208-939-0227 Fx: 208-938-3854 Bitl To M3 Companies Attn: Madan Weis, Accounts Payable 4222 E. Camelbc ck Road. Suitt H-100 Phoenix. AZ 8.5018 DATE DESCRIPTION September 16.2014 Holladay Engineering Fccsdnv. 40419 Invoice Date 10/1/2014 Ittvotce # PZ14I009 Collection of fees incurred by Land Use applications is allowed by Eagle City Code I -7-4k The City Clerk shall collect the fee for such action established through a resolution of the City Council together with Any direct costs incurred by the City in obtaining a review of th= application. by architects. engineers or their professionals necessary to enable the City to approve or disapproves the application in an informed manner. Terms Net 30 Please remit payment to City of Eagk & reference the Invoice # in the top right corner of this page. Ped Spring Valley/PP Review PP -06-12 INVOICE # 40755 Total TOTAL 9.40234 59,402.54 Invoice Transaction Detail Thursday, October 02, 2014 10:06:28 AM Holladay Engineering Co. Through 3/17/2014 Stacy Code Employee/ Nouns/ Billing Date /Account Reference Description Units Amount Project Number: 6G12-0305PP spring valley / Prelim Plat Review Invoice: 40419 Till Fees Labor Consult Expense Add -On Finance Retainage Retainer Other Chge 9,402.54 9,402.54 Labor. 12/18/2013 PRIN JBLOM Blom, John .35 45.50 Conditions Discussion 12/17/2013 PRIN JBLOM Blom, John 1.00 130.00 Conditions Discussion 12/12/2013 PM02 ICKET'TERUN Ketterling, Kasey 2.00 240.00 Cheddist review, discussion of Court dedsiortis and changes. 12/10/2013 PRIN JBLOM Blom, John 1.00 130.00 Plat Review Discussion 12/4/2013 PM02 ICKEITERLDY Ketteriing, Kasey 1.00 120.00 Discussion and review of status with staff, update on reports 12/2/2013 PM02 IOCETIERLIN Ketteding, Kasey .35 42.00 pp review of irrigation amenWes 11/17/2013 5E02 CCARTER Carter, Chad 3.50 315.00 Submittal Review \ Drainage \Well #1 spe‘A%oih,.. 11/14/2013 5E2 CCARTER Carter, Chad 1.63 14634 MGI( letter�'Yr........iJ 11/14/2013 PRIN JBLOM Blom, John .50 65.00 Submittal Discussion 11/14/2013 PM02 KKETZERLIN Ketteriing, (Casey 2.00 240.00 Submittals Review, cheddist and standardization of M3 11/13/2013 P14102 KKCETTERLIN Ketterfing, !Casey 4.00 480.00 Review submitted doatments 11/13/2013 5E02 CCARTER Carter, Chad 3.25 292.50 Letter draft\ review of drainage Plan-PUMP#1 11/13/2013 5E02 CCARTER Carter, Chad 4.25 382.50 Review of reports\ WWFP\ Hillside\ Rase 11/12/2013 5E02 CCARTER Carter, Chad 5.00 450.00 Submittal review\ report discussion w/ Kasey 11/12/2013 PM02 KICE TERLIN Kett ding, Kasey 3.00 360.00 Review draft comments and submitted information 11/11/2013 PM02 KKETTERLIN Keerltng, Kasey 1.00 120.00 Draft comment, submittal reviews 11/11/2013 5E02 CCARTER Carter, Orad 2.50 225.00 Code research an zoning, lot widths, Ia..G.,..s r.. berms 11/11/2013 5E02 WARIER Carter, Chad 5.50 495.00 Subtnitlal review\ Letter - draft 11/8/2013 5E02 CCARTER Carter, Chad 7.00 630.00 Submittal review\ Code researdt\ Leer - draft 2/12/2014 PM02 nnc e r rxLDY Ketteritng, Kasey 3.00 390.00 Review revised submittal against engineer submitted comments on review, and water/sewer/drainage master plan comments 2/3/2014 5E02 CCARTER Carter, Chad 1.00 95.00 Discussion of Engineer response and adjacent property homeowner's access with Kasey 2/2/2014 5E02 CCARTER Carter, Chad 1.50 142.50 Engineer's response to draft comments and PP letter revisions 1/29/2014 PM02 muci i cnUN Kettertlng, Kasey 1.50 195.00 Review revised submittal, discussion with City staff on their process 1/27/2014 5E02 CCARTER Carter, Chad 4.00 360.00 Revised submittal review/ new code researdr/ Draft and revise letter comments v7.1.512 (WENDY) - Page 1 of 2 Invoice Transaction Detail through 3/17/2014 Thursday, October 02, 2014 10:06:28 AM Staff Code Employee/ Hours/ Billing Date /Account Reference Description Units Amount 1/26/2014 5E02 CCARTER Carter, Chad 3.50 315.00 Revised submittal review 1/24/2014 5E02 CCARTER Carter, Chad 2.00 180.00 Revised Submittal review 1/24/2014 P1402 KKETIERLIN Ketterting, Kasey 3.00 390.00 Staff coordinating meeting at City of Eagle 1/22/2014 PM02 ICKEI ERIIN Ketterttng, Kasey 2.00 260.00 Preparing notes for staff review 1/10/2014 PM02 KKETTERLIN Ketterting, Kasey .50 65.00 Review client meeting with staff, 1/10/2014 5E02 CARTER Carter, Chad 1.50 135.00 Pre -Plat Letter revisions and new code research 1/9/2014 PM02 KKETTERLIN Ketterfing, Kasey 2,00 260.00 Meeting with applicant and staff to discuss current status of application and necessary additional submittals 1/8/2014 PM02 KKETTERLIN Ketterting, Kasey 2.00 260.00 PP map review, comment updates, discussion with City staff 1/7/2014 PM02 duu 1 1 rnLIN Ketter[tng, Kasey 2.50 325.00 Draft comment deveiopment, prep for meeting, reviewing PP maps 1/7/2014 5E02 CCARTER Carter, Chad 3.50 315.00 Submittal traddng worksheet 1/6/2014 5E02 CCARTER Carter, Chad 4.50 405.00 Draft letter reviews submittal traddng spreadsheet- create and flit assemble submittals 1/6/2014 PM02 KKEITERLIN Ke teriing, Kasey 3.00 390.00 Review of submitted Information, preparing for staff meeting Total for Labor: Expenses: 1/24/2014 5499 1/9/2014 5499 Total for Expenses: Total for 40419 Total for EG12-0305PP Final Total KettertIng, !Casey / K. Ketterling Mileage (10 Miles) EX 000000539 Ketterltng, Kasey / K. Ketterfing Mileage (10 Miles) 89.83 9,391.34 5.60 5.60 11.20 9,402.54 9,402.54 9,402.54 v7.1.512 (WENDY) - Page 2 of 2 • Eagle Planning & Zoning PO Box 1520 660 E. Civic Gane RECEIVED OCT 012014 Eagle, ID 83616 Ph: 208-939-0227 Fx: 208-938-3854 BB To M3 Companies Attn: Marven Weds, Accounts Payable 4222 E. Camclback Road, Suite H-100 Phoenix, AZ 85018 DATE DESCRIPTION September 16.2014 Holladay Engineering Fees-lnv. 40530 Invoice Date 1011/2014 Invoice # PZi4IOI Collection of fens incurred by Land Use applications is allowed by Eagle City Code 1-7-4A: The City Clark shill collect the fee for such action established through a resolution of the City Council together with any direct costs incurred by the City in obtaining a review of the application, by architects, engineers cc their professionals to enable the City to approve or disapprove thc application in an informed manner. Terms Proled Net 30 Spring Valley/PP Review PP -06-12 Please remit payment to City of Eagle & reference the Invoice # in thc top right comer of this page. INVOICE # 40755 Total TOTAL 2,696.25 52,696.25 Invoice Transaction Detail Holladay Engineering Co. Staff Code Date /Account Project Number: EG12-0305PP Invoice: 40530 Total Through 05/08/2014 Employee/ Reference Description Spring Valley / Prelim Plat Review Fees 2,696.25 2,696.25 Labor: 4/24/2014 PRIN 4/23/2014 PRIN 4/23/2014 5E02 4/22/2014 5E02 4/21/2014 5E02 4/7/2014 PRIN 4/6/2014 PRIN 4/4/2014 PRIN 4/3/2014 5E02 4/3/2014 PRIN Total for Labor. Total for 40530 Total for EG12-0305PP Final Total Labor Consult Expense MDAVIS Davis, Michael Review plat MDAVIS Davis, Michael Review pia meeting with City Thursday, October 02, 2014 Hours/ Billing Units Amount Add -On Finance Ratainage Retainer Chge 2.00 280.00 3.00 420.00 356.25 593.75 285.00 .50 70.00 210.00 175.00 166.25 1.00 140.00 CCARTER Carter, Chad 3.75 Submittal review/ letter — - *aft and revise,/ conference with Mike D CCARTER Carter, Orad 6.25 Submittal review/ letter - draft and revise CCARTER Carter, Chad 3.00 Submittal review MDAVIS Davis, Michael Review plat; email draft comments to 3UB MDAVIS Davis, Michael 1.50 Preliminary plat; draft comments MDAVIS Davis, Michael 1.25 Review preliminary plat CCARTER Carter, Chad 1.75 PP conference/ review of well spers for Kling well interference MDAVIS Davis, Michael Review preliminary plat 24.00 2,696.25 2,696.25 2,►696.25 2,696.25 9:59:46 AM Other v7.1.512 (WENDY) - Page 1cif 1 Eagle Planning & Zoning PO Box 1520 RECE IV EO OCT 011014 660 E. Civic Lane Date Eagle, ID 83616 10/1/2014 Ph: 208-939-0227 Fx: 208-938-3854 Invoice BiiI To M3 Companies Attn: Merieen Weis, Accounts Payable 4222 E. Coughed; Road, Suite 11-100 Phoenix, AZ 85018 DATE DESCRIPTION September 16, 2014 Holladay Engineering Fces-Inv,40588 Invoice # PZ141012 Collection of fccs incurred by Land Use applications is allowed by Eagle City Code I -7-4A: The City Cleric shall collect the fee for such action established through a resolwion of the City Council together with any direct costs incurred by the City in obtaining o review of the application, by architects, engineers or their professionals necessary to enable the City to approve or disapprove the application in an informed manner. Terms Project Not 30 Spring Valley/PP Review PP -06.12 40755 INVOICE # Please remit payment to City of Eagle & reference the Invoice # in the top right corner of this page. Total TOTAL 1,775.00 $1,775.00 Invoice Transaction Detail Thursday, October 02, 2014 10:03:21 AM Holladay Engineering Co. Job -to -Date through 10/31/2014 Staff Code Employee/ Hours/ Billing Date /Account Reference Description Units Amount Project Number: EG12-0305PP Spring Valley / Prelim Plat Review Invoice: 40588 Total Fees Labor Consult Expense Add -On Finance Retainage Retainer Other Chge 1,775.00 1,775.00 Labor. 5/20/2014 SE02 CCARTER Carter, Chad 1.00 95.00 Update from P&Z meeting 5/19/2014 PRIN MDAVIS Davis, Michael 5.25 735.00 Meeting prep, review documents; Pea Meeting 5/1/2014 PRIN MDAVIS Davis, Michael .25 35.00 Emalls; pm plat ' 4/30/2014 5E02 CARTER Carter, Chad 2.00 190.00 Letter - final revisions to submit file 4/30/2014 PRIN MDAVIS Davis, Mdtael 1.75 245.00 Review pre plat letter/edits email to Qty 4/28/2014 SE02 CCARTER Caster, Chad 5.00 475.00 Letter - draft and revise :,1 conference with Mike D Total for Labor: 15.25 1,775.00 Total for 40588 1,775.00 Total for EG12-O305PP 1,775.00 Final Total 1,775.00 v7.1.512 (WENDY) - Page 1 of 1 Eagle Planning & Zoning PO Box 1520 660 E. Civic Lane RECEIVED OCT 014 Eagle, ID 83616 Ph: 208-939-0227 Fx: 208-938-3854 BM To M3 Companies Mtn: Marken Weis, Accounts Payable 4222 E. Cantclback Road, Suite H-100 Phoenix, AZ 85018 DATE September 16, 2014 DESCRIPTION Holladay g Foes•Inv.40755 Invoice Date 10/112014 frwoioe # PZ141013 Collection of fess incurred by Land Use applications is allowed by Eagle City Code I -7-4k The City Clerk shall collect the fee for such action established through a resolution of the City Council together with any direct mate incurred by the City in obtaining a review of the application, by architects, engineers ar their professionals necessary to enable the City to approve ar disapprove the application in an informed manner. Terms Net 30 Pro#ect Spring Valley/PP Review PP -06-12 INVOICE # 40755 Please remit payment to City of Eagle & reference the Invoice ii in the top right corner of this page. Total TOTAL 665.00 5665.00 HOLLADAY ENGINEERING CO. Engineers • Consultants 32 No Main • PO Box 235 • Payette, ID 83661 • 208.642.3304 City of Eagle September 16, 2014 PO Box 1520 Invoice No: 40755 Eagle, ID 83616 Project Manager Michael Davis Project EG12-0305PP Spring Valley / Preliminary Plat Review Professional Services for the Period: August 03. 2014 to August 30. 2014 Professional Personnel Hours Rate Amount Principal Brewer, Vemon 8/22/2014 1.00 140.00 140.00 Schirmers Letter and evaluate issues Davis, Michael 8/26/2014 1.50 140.00 210.00 Meeting prep; review files, letters Davis, Michael 8/26/2014 2.25 140.00 315.00 Public Hearing - Council meeting Totals 4.75 665.00 Total Labor 665.00 Total Project Invoice Amount $665.00 All invoices are due upon receipt. A monthly late charge of 1.5% will be added to any unpaid balance after 30 days. Fagle Planning & Zoning PO Box 1520 660 E. Civic Lane F,ag1e, ID 83616 Ph: 208-939-0227 Fx: 208-938-3854 RECEIVED DEC 0 3 MN I To M3 Companies Attn: Marken Weis, Accounts Payable 4222 E. Camc1bacic Road, suite 11-100 Phoenix, AZ 85018 DATE November 17, 2014 Holladay Engineering Fees DESCRIPTION Invoice Date 12/3/2014 Invoice # PZ141205 Collection of fees incurred by Land Use applications is allowed by Eagle City Code 1-7-4A. The City Clerk shall collect the the for such action established through a resolution of the City Council together with any direct costs incurred by the City in obtaining a rcvicw of the application, by architects, engineers or their professionals necessary to enable the City to approve or disapprove the application in an informed manner. Terms Project Net 30 Miss -170-00.060 65-9800 Please remit payment to City of Eagle & reference the Invoice # in the top right corner of this page, INVOICE # 40855 Total TOTAL 735.00 $735.D0 HOLLADAY ENGINEERING CO.. Engineer; • Cprpsultants 32 No Main • PO Box 235 • Payette, ID 83661 • 208.642.3304 Qty of Eagle November 17, 2014 PO Box 1520 Invoice No: 40855 Eagle, ID 83616 Project Manager Michael Davis Project EG12-0305PLN Spring Valley / M-3 Planning Miscellaneous 65-9800 Proleolonejfigivicesfor the Period: September 28. 2014 to November 01, 2014 Professional Personnel Prirldpai Pavis, Michael 9/18/2014 Fee schedule; Grading Permit Davis, Michael 10/3/2014 Grading Permit Davis, Michael 10/6/2014 Grading permit; Email to City Totals Total Labor Hours Rate Amount 1.50 140.00 210.00 1.50 140.00 210.00 2.25 140.00 315.00 5.25 735.00 Total Project Invoice Amount All invoices are due upon receipt. A monthly late charge of 1,5% will be added to any unpaid balance after 30 days. 735.00 $735.00 Eagle Planning & Zoning PO Box 1520 660 E. Civic Lane Eagle, ID 83616 Ph: 208-939-0227 Fx: 208-938-3854 BM To M3 Companies Attn: Marleen Weis, Accounts Payable 4222 E. Comeback Road. Suite H-100 P6anlx, AZ 85018 DATE September 30, 2014 City Attorney Fees DESCRIPTION RECEIVED NOV 03 1014 Invoice Date two 14 Invoice # t Z141I01 Collection of fees blamed by Land Use applications is allowed by Eagle City Code I -7-4A: The City Clerk shall collect the fee for such action 0=bn:died through a resolution of the City Council together with any direct casts inamed by the City in obtaining n review of the application. by architects. engineers or their professionals necessary to enable the City to approve or disapprove the application in an informed manner. Temps Project Net 30 H20/Waste Fac. Plan -170-00-060 70-5000 Please remit payment to City of Eagle & reface= the Invoice 0 In the top right corner of this page. INVOICE # 51152 Total TOTAL 6158 $61.58 Eagle Planning & Zoning PO Box 1520 660 E. Civic Lane Eagle, ID 83616 Ph: 208-939-0227 Fx: 208-938-3854 RECEIVED NOV 0 3 /414 BM To M3 Companks Attn: Marken Weis. Accounts Payable 4222 E. Camdbnck Road, Suite H-100 Phoenix. AZ 115018 DATE September 30.2014 City Attorney Foes DESCRIPTION Invoice Date 11/3/2014 Invoice # PZ141104 Collection of fees incurred by land Use applications is allowed by Eagle City Code 1-7-4A: The City Clerk shall collect the fee for such action established through a resolution of the City Council together with any direct coats incurred by the City in obtaining o review of the application, by architects, engineers or their professionals necessary to enable the City to approve or disapprove tate application in an informed manner. Terms Prosect Net 30 Misc.-170.00.060 65-9800 INVOICE # 61152 Please nutmit payment to City of Eagle & the Invoice # in the top right comer of this page. Total TOTAL 2,10150 S2.I01.50 Eagle Planning & Zoning Po Box 1520 660 E. Civic Lane RECEIVED DEC 03 2014 Eagle, ID 83616 Ph: 208-939-0227 Fx: 208-938-3854 BIN To M3 Companion Attn Marleen Web, Accounts Payable 4222 E. Catnelbaolc Road, Suite H-100 Phoenix, AZ 85018 DATE October 31, 2014 City Attorney Fees DESCRIPTION Invoice Dale 12/34014 Invoice # PZ141204 Collection of foes incurred by Land Use applications is allowed by Eagle City Code 1-7-4A: The City Clexh shall collect the fee for such action established through a resolution of tate City Council together with any direct costs incurred by the City in obtaining a review of the application, by architects, engineers or their professionals necessary to arable the City to approve or disapprove the application in an informed manner. Terms Project Net 30 Misc.-170.00-060 65-9800 INVOICE # 51365 Please remit payment to City of lagle & reference the Invoice # in the top right corner of this page. Total TOTAL 1,448.52 S1,448.52 MOORE SMITH BUXTON & TURCKE, CHARTERED ATTORNEYS AND COUNSELORS AT LAW 950 W. BANNOCK STREET, SUTTE 520; BOISE, ID 83702 TELEPHONE: (208) 331-1800 FAX: (208) 331»1202 www.msbtlaw.com STEPHANIE J. BONN Su&AN B. BUxroN* PAUL J. Firm Jnt.B. HouNIA CHEMISE D. MCLim ANTHONY M. PANTERA, IV BRUCE M. SMmTH FRANCES R. STERN PAIR. A. TuRCKE' November 12, 2014 Via Email: msoink(a�,soinkbutler. com ibutler@,soinkbutler. com Hard Copy Via U.S. Mail Michael T. Spink JoAnn Butler Spink Butler, LLP 251 E. Front Street, Ste. 200 Boise, ID 83702 Re: Spring Valley/M3 Request for Mediation and Bill Contest Mike: JOHN J. MCFAmmiN of Counsel MICHAEL C. MOOREtof Counsel * Also admitted in Oregon Also admitted in South Dakota Also admitted in Utah Also admitted in Washington We are in receipt of your November 11, 2014 letter to our office regarding M3's request for mediation. As stated in our previous correspondence dated November 6, 2014, mediation is not the appropriate step at this time. Mediation of fees under the Reimbursement Agreement and the Development Agreement are not applicable for the Preliminary Plat. Spring Valley/M3 has not asked for a waiver of the fees set forth in the fee schedule and ordinance as required by ECC 1-7-4(E). Since no such request was made by Spring Valley/M3, it does not appear there is any action pending to mediate under Idaho Code § 67-6510. Accordingly, the City is not contemplating any mediation at this time. Your letter also indicates a concern with items billed by Nichoel Spencer in the City's October invoice to M3. Pursuant to the Reimbursement Agreement, M3 must provide with specific detail which billings they are contesting and must pay the uncontested portion within 30 days of receipt. Paragraph 4 of the Reimbursement Agreement addresses this matter: 4. Invoices. M3 shall pay the City directly for the fees incurred in connection with the City's time for the review and processing of the Development Submittals as set forth herein, on or around the 15th day of a month when the City has delivered to M3 a detailed invoice for the same on or before the 25th day of the previous month; provided, however, all or part of November 12, 2014 Page 2 such payment may be reasonably delayed if the Parties are in discussion in connection with the detail of an invoice except that payment for the uncontested portion of anv invoice shall be timely remitted to the City. The City shall provide M3 with such reasonable documentation, except such information that may be privileged or otherwise undisclosable, as M3 may request to substantiate the City's demand(s) for payment. (underline added) Once we have received a detailed list of the billings contested and an explanation of why M3 believes they are not valid billings, we will determine whether the objection is founded and provide a response. If we are unable to reach an agreement after that process, we may begin exploring dispute resolution. As discussed above, mediation is not appropriate at this time. However, if mediation for these current billings eventually take place that will be the breadth of the mediation. Neither the Reimbursement Agreement nor the PADA or DA allow for an "open-ended" review of prior billings that have been invoiced and paid. Furthermore, the City already previously met with M3 representatives and reviewed the past billings and identified potentially $4,055.30 in charges that accounted for M3 meetings that could be considered work done in the course of ordinary business. After that meeting M3 made payment to the City on October 10, 2014 for those past billings and paid everything except for the engineering costs that exceeded the Fee Schedule for the preliminary plat and the $4,055.30. Pursuant to Paragraph 4 of the Reimbursement Agreement, M3 paid the undisputed portion of the invoice of $67,329.43. The preliminary plat engineering fees are not part of the Reimbursement Agreement and M3 must follow City Code to request a waiver with City Council, see supra paragraph 1. Accordingly, the only remaining amount that was unpaid and, therefore disputed, was the $4,055.30 previously discussed. This is the only amount that could be subject to a challenge under the Reimbursement Agreement at this time. However, the issue is moot because the City agrees to waive that $4,055.30, in an effort to work cooperatively and resolve this issue. At this time, the only issue is M3's concern with Nichoel Baird's October billing. We look forward to a timely response detailing the contested billings and the reason for contesting these billing, so we may quickly address this matter. Sincerely, MOORE ' BUXTON & TURCKE, CHTD. Susan E. Buxton SEB:kd MOORE SMITH BUXTON TURCKE, CHARTERED ATTORNEYS AND COUNSELORS AT LAW 950 W. BANNOCK STREET, SUITE 520; BOISE, ID 83702 TELEPHONE: (208) 331-1800 FAX: (208) 331-1202 www.msbtlaw.com STEPHANIE J. BONNEY= SUSAN E. BUXTON* PAUL J. FITZER JILL S. HouNcA CHERESE D. MCLAnv ANTHONY M. PANTERA, IV BRUCE M. SMTI I FRANCES R. STERN PAUL A. TURCICE+ November 6, 2014 Via Email: msvink@spinkbutler.com ibutler@spinkbutler.com Hard Copy Via U.S. Mail Michael T. Spink JoAnn Butler Spink Butler, LLP 251 E. Front Street, Ste. 200 Boise, ID 83702 Re: Preliminary Plat Fee Request — Spring Valley/M3 Dear Mike and JoAnn: JOHN J. MCFADDEN of Counsel MICHAEL. C. MOORE* of Counsel * Also admitted in Oregon Also admitted in South Dakota it, Also admitted in Utah =Also admitted in Washington We are in receipt of and in the process of reviewing Mr. Brownlee's October 31, 2014, letter to the Mayor regarding Spring Valley preliminary plat fees. We have received your letter dated today, November 6, 2014, seeking mediation with Mr. Magel. In looking at the preliminary plat application filed by M3 and the Reimbursement Agreement, the fees charged by the City for the Preliminary Plat are subject to Title 1, Chapter 7- 4. Such notice is on the signature page of the application Spring Valley/M3 signed January 21, 2014. A copy is attached for your convenience. The Reimbursement Agreement, paragraph 1, states: "M3 shall pay the standard application processing fees as provided by Eagle City Code or applicable Eagle City fee resolution in connection with the City's processing of Development Submittals at the time the City receives said Development Submittals." A preliminary plat application is a standard application subject to the fee schedule and Eagle City Code. The City's fee schedule includes the review of preliminary plats as of the date of submittal. Spring Valley/M3 has not asked for a waiver of the fees set forth in the fee schedule and ordinance as required by ECC 1-7-4(E). Since no such request was made by Spring ValleyfM3, it does not appear there is any action pending to mediate under Idaho Code § 67- 6510. Mediation of fees under the Reimbursement Agreement and the Development Agreement are not applicable for the Preliminary Plat. November 6, 2014 Page 2 As to the specific invoice items identified in Mr. Brownlee's October 31, 2014, letter, our office is working with the City on a response. In the meantime, please direct your correspondence to our office and we will communicate such to our clients. Sincerely, MOORE TH BUXTON & TURCKE, CHTD. Susan E. Buxton SEB:kd cc: City of Eagle Size = 1.5 inches APPLICATION BY: Average citizen, USA, Inc. c. In lieu of the above conditions, for conditional use permit applications made pursuant to Eagle City Code Section 8-3-2(E) (Mobile Home - temporary living quarters) of this Title only, the sign shall consist of one (1)11° x 17° sign on paper or other material and lettering sufficient to inform the public of the name of the applicant, and, if applicable, the proposed development, the date, time, place, and nature of the public hearing and a summary of the proposal to be considered. 2. The sign(s) shall be posted on the land being considered along each roadway that is adjacent to it. The signs shall be located on the property outside of the public right-of-way, if they can be so located and remain clearly visible from the roadway; otherwise, the consent of the owner of the right-of-way must be obtained and the sign(s) located therein. Except as noted herein, if the land being considered consists of more than one parcel of record, a sign must be located upon each parcel. The Zoning Administrator, upon finding that adequate notice will be provided, may not require all signs to comply with the size requirements of Subsection 1 above. In the event that the land being considered includes properties with 500 -feet or more of road frontage, a sign shall be placed on each end of the property roadway frontage. If this property includes a comer lot, three signs shall be posted, one on the comer and one on each end of the property roadway frontages. 3. The applicant shall submit a certification to the City Clerk no later than seven (7) days prior to the hearing as to what, where, and when sign(s) were posted. Unless the certification is received by such date, the hearing will be canceled. 4. No later than three (3) days after the noticed hearing and any continuation thereof, sign(s) must be removed_ A penalty of $25.00 per day shall be imposed against each applicant for late removal of the signs. NOTE: IF THE CITY COUNCIL OR THE ZONING ADMINISTRATOR DETERMINE THAT ADDITIONAL AND/OR REVISED INFORMATION IS NEEDED, AND /OR IF OTHER UNFORSEEN CIRCUMSTANCES ARISE, ANY DATES OUTLINED FOR PROCESSING MAY BE RESCHEDULED BY THE CITY. APPLICANT/REPRESENTATIVE MUST ATTEND THE CITY COUNCIL MEETING. Eagle City Code Section 1-7-4 (A) states. "Fee Schedule Established - The City Clerk, at the time of the filing of an application for a land use planning action shall collect the fee for such action established through a resolution of the City Council, toaether with anv direct costs incurred bv the City in obtainina a review of the application. bv architects. enaineers. attomevs. or other professionals necessary to enable the City to approve or disapprove the application in an informed manner'. Direct costs, as underlined in 1-7-4 (A) above, shall be required to be paid by the applicant in a time frame to be determined by the Zoning Administrator. Processing of an application may be delayed if the direct costs are not reimbursed as required. The City does not guarantee acquisition of public services provided by any agency. The developer, property owner and/or applicant of this Preliminary Plat application does hereby release and indemnify and hold harmless the City of Eagle from any and all claims, cost, damages, etc., from any individual or organization regarding the acquisition of services which are not affiliated with the City, including but not limited to, central water service, sanitary sewer service, access to public roads and fire protection. "Regulatory Taking Notice: Applicant has the right, pursuant to section 674003, Idaho Code, to request a regulatory taking analysis." Signature of Applicant/Representative ' ' ""'r' 'v Date 1/21/14 Signature of receipt by City s CAUsersUntatelAppDataUcaNdlicrosoftWindowgiemporary Internet FiteslContent.Oatlook13811H3BH Revised Pre Plat 1-21-14.doc Updated July 2011 6 of 6 Date JAVA l m3companies- October 31, 2014 Mayor Jim Reynolds City of Eagle 660 E. Civic Lane Eagle, ID 83616 Re: Spring Valley Preliminary Plat Fee Request Dear Mayor Reynolds, On October 8, 2014 we received invoices in the amount of $15,512.54 for engineering fees related to the processing of the Spring Valley Preliminary Plat No. 1, and $665 for engineering time for meetings. The billings date from 11/11/2013 to 5/20/14 for the preliminary plat, which was recommended for approval by the City's Planning & Zoning Commission in April 2014 and approved by the City Council in August 2014. PRELIMINARY PLAT In December 2012, M3 submitted the Spring Valley Preliminary Plat No. 1 along with $11,803 in application fees. These Preliminary Plat fees were made up of two components: $6,170 for planning and $5,633 for engineering. The City of Eagle Preliminary Plat Fee Calculation — December 2012 set forth below is how the fee was estimated by the City: Eagle Preliminary Plat Fee Calculation - December 2012 Base Fee Fee / Lot Fee Total Eagle Planning Department Fees Preliminary Plat $1,450 $20 $6,170 Planning Total $6,170 Eagle Engineering Fees Project Concept Meeting / Review $ 200 Project Set-up $ 60 Preliminary Plat Check -list Review $ 230 $12 On-site Walkover $ 230 Special Development Reports (soil, geology, etc.) $ 345 $ 6 Initial Correspondence and Recommendations $ 320 Engineering Total Grand Total $ 200 $ 60 $ 3,062 $ 230 $ 1,761 $ 320 $ 5,633 $11,803 4222 East Camelback Road 1 Suite 111001 Phoenix, Arizona 85018 1 Phone 602.386.1325 1 Fax 602.386.1315 1 www.m3companialk.com Mayor Jim Reynolds City of Eagle October 31, 2014 Page 2 As stated above, the Preliminary Plat billings were not presented to M3 until October 8, 2014. However, the billings go from November 2013 to October 2014. The original Spring Valley Preliminary Plat No. 1 included 236 lots, of which 197 were building lots. That number is not out of the ordinary. Over the course of 2013 we had meetings with the City, and addressed comments on the preliminary plat from both City staff and the City engineer. We also provided an updated/revised draft to address those comments, as is customary in the review process. However, for no apparent reason and with no forewarning to us, it was determined by the City that our application fees in the amount of $11,803 (submitted with the preliminary plat) were not sufficient to process the preliminary plat without additional billings. Again, this was not brought to our attention until we received the additional billings in October 2014. Spring Valley Preliminary Plat No. 1 is not significantly different than any other plat the City reviews in the course of normal operations, nor is the number of building lots, 197, extraordinarily large. The City's Engineer may believe that a new Title 11A requires more work for plat review, however, there are virtually no differences between this particular plat, submitted in accordance with Title 11A, versus a plat submitted in accordance with Title 9 of Eagle's City Code. Title 11 A is well known to the City's Engineer, who worked with our Company and City Staff in the drafting of Title 11A and billed us separately for their time associated with the drafting and review of Title 11A. This excuse simply cannot account for the massive bill that has been presented to us. The total billings by the City Engineer for all of our other applications since November 2012 is approximately $87,500. To put Eagle's preliminary plat fees in context, we have attached a cost comparison to process the same preliminary plat in various cities in Ada County. We paid Eagle $11,803. The same plat would have cost $7,867 in Meridian, $7,276 in Kuna, $5,788 in Star and just $2,803 in Boise. The fees we paid to Eagle were 50% higher than what they would have been in Meridian, the next highest city. If we include the additional invoice the total amount would be 350% more than the next highest city. Each city has their own way of calculating the fees. The only city referenced above that does not include engineering in their base fee is Star. Star uses the engineering firm Keller and Associates as their contract engineer. We asked Keller for an estimate of the cost to review a plat the same size as the one we submitted to Eagle. Their estimate was "less than $1,000." Yet Holladay Engineers suggests that the base fee (already paid) should be 5 times this estimate, and with additional fees should be more than 20 times this estimate. Mayor Jim Reynolds City of Eagle October 31, 2014 Page 3 In addition to the billing being untimely, it lacks documentation to support the requested payment. The City should be asking why Holladay Engineering would require 146.33 additional hours to review a preliminary plat for 236 lots and certainly should have been aware of it during the process. Did Holladay give the City notice? If so why didn't the City provide the same notice to us? The excess billings of $15,51254 equate to an overage of $78.74 per building lot. Multiplied out, that would equate to excess billings for the entire Spring Valley project of $563,000. Clearly this practice cannot go on unchecked. Businesses that submit applications in the City are your customers. This customer is questioning a billing practice that could lead to a $563,000 increase in its cost to do business in your city. As Mayor and a Council Member, would you not question this if you were being asked to pay fees and then in an untimely manner be asked to pay additional payments that are out of line with the cost of doing the same work in other jurisdictions and within the City of Eagle? To put the additional payment amount in context JUB Engineering costs to prepare this Spring Valley Preliminary Plat No. 1 was $7,500. That preparation included: design, research, writing notes (also using Eagle City Code Title 11A), addressing and revising the preliminary plat to incorporate our Company's and the City Staffs pre -hearing comments, preparing all necessary application documents, printing large format documents, attending all City meetings to review and address comments, preparing a revised draft during the review process and attending both Planning and Zoning and City Council meetings. The total JUB cost was $7,500 compared to Holladay costs of $27,316 to simply review JUB's work. These invoices are just another vivid illustration of the issues we have had with the City's billing practices and processes over the last few years. We have repeatedly said that the City fees are out of line with the volume of work we are processing. The current situation clearly illustrates our point. Based on our prior practice and the City's billing practices, there is no incentive for anyone (particularly paid consultants who can invoice with no accountability) to complete work in a timely or efficient manner. The City of Eagle has enough work that it could support its own in- house engineer and, as necessary, bring in specialized outside engineers to help support the staff for difficult tasks such as major infrastructure review and planning. Processing a preliminary plat certainly is not one of those difficult tasks, and it is common for cities of Eagle's size and smaller to have an in-house engineer for routine work (such as preliminary plats). For example, the city of Kuna, which is smaller than Eagle, has a staff engineer. Hiring an in-house engineer would be one way to keep the cost of business in Eagle down and prevent outrageous billings like this. Predictability is key to doing business in any city. Having a practice of charging fees on top of other fees for our project or any project makes estimating costs extremely challenging. Mayor Jim Reynolds City of Eagle October 31, 2014 Page 4 Another way to foster an atmosphere of accountability, as we previously suggested, would be to have a full time City administrator/City manager who has experience in managing all aspects of city management including planning, engineering, public works, etc. This person could identify and investigate when complaints are made that billings are out of line and could review billings and consultants work before billings reach this point. We have attempted to work directly with staff, the Mayor and the City attorney to resolve these billing practices, to no avail. Your letter dated October 21, 2014, states that we have an outstanding balance due of $19,358.84. However, after our most recent payment on October 8, 2014 of $67,393.43, our outstanding balance was $16,177.54, per the City's prior billings. Between October 8, 2014 and your most recent letter on October 21st there has been an increase of $3,181.30 in our balance, for which we are given no documentation to support such billing other than the billing attached to the letter, which is not itemized. Your letter tries to justify the billings to date of $931,108 to process the "comprehensive plan amendment, annexation, rezone, development agreements with modifications and unique development standards" by drawing a comparison on a per acre basis to other smaller projects. This speaks volumes about the city's approach. You are comparing a 100 acre subdivision to a master planned community. Using your comparison, if our calculations are correct based upon your example, they paid less to process their applications than we paid to the City in General Meeting Time and Monthly Meeting Time since November of 2012 which totals approximately $63,000. By that logic, if this project were 12,000 acres (Spring Valley is 6,000 acres) the fee would be justifiable to be $1.8 million to process the same amount of work or two times more for the same document preparation? In my prior letter I asked for a meeting to be set with the full council to review the billings of the Spring Valley project to date and the Reimbursement Agreement. Your letter dated October 21, 2014 didn't respond to this request. Given no response, it is apparent that we arc not being granted such a meeting. After giving this much thought, it appears that we are not going to be able to come to a resolution on these issues without the help of a third party to mediate our differences. I do not want to continue on the current path as it will only lead to a total breakdown of our relationship. We have a long way to go and need to work together to get there. I believe that a third party review is in order to help mediate this ongoing dispute. Paragraph (g) of the Reimbursement Agreement between our Company and the City provides a mechanism for resolution of our disagreement. Paragraph (g) states: "Dispute Resolution. Any dispute, difference, claim or disagreement arising under or with respect to this Agreement, including the meaning or construction thereof shall be governed by the dispute resolution process provided in Sections 5.3, 5.4 and 5.5 of the Development Agreement." Section 5.4 provides: Mayor Jim Reynolds City of Eagle October 31, 2014 Page 5 Dispute Resolution/Remedies. (a) Process. Notwithstanding anything to the contrary herein, if an event of default is not cured within the Cure Period or the Extended Cure Period, if applicable, the non -defaulting Party may initiate the process by providing written notice initiating the process to the alleged defaulting Party. Within 15 days after delivery of such notice, each Party shall appoint one person to act as mediator on behalf of such Party and notify the other Party. Within 15 days after delivery of such notice, the persons appointed shall themselves appoint one person to serve as the sole mediator. The mediator shall set the time and place of the mediation hearing and shall give reasonable notice of the hearing to the Parties. The Parties may agree to hold the hearing by telephone. (b) Hearing. The Parties have structured this dispute resolution process with the goal of providing for the prompt and efficient resolution of all disputes falling within the purview of this process. The hearing of any dispute shall commence as soon as practicable, but in no event later than 30 days after selection of the mediator. This deadline can be extended only with the consent of both Parties. Proceedings shall be under the control of the mediator and as informal as practicable. In order to effectuate the Parties' goals, the mediation, once commenced, shall proceed from business day to business day until concluded, absent a showing of unforeseen or emergency circumstances. If those receiving a request for mediation fail to appoint a mediator within the time above specified, or if the result of such mediation is unsatisfactory to one or more Parties, then any Party may avail itself of any legal or equitable remedy available under Idaho law. (c) Fees. Each Party shall pay one-half of all fees and costs associated with the mediation process. This letter constitutes our Company's initiation of the dispute resolution process. Within 15 days of the date of this letter both parties are to provide the other party with the name of the person to act as mediator on each other's behalf. As provided above, those two people will work together to select one mediator to work with the Parties to resolve this dispute. It's unfortunate that the preliminary plat got continued on Tuesday night due to our untimely receipt of the findings for review. We tried to respond as soon as we could to the findings which we didn't receive until Friday. The payment of the invoices should not be a reason to hold up the adoption of the findings for the preliminary plat. The Spring Valley Preliminary Plat No. 1 Condition of Approval Number 4 states, "The applicant shall submit payment to the City for all City attorney and engineering review fees incurred for reviewing this project, prior to the City Clerk signing the final plat." Therefore there is no reason to hold up the processing of the preliminary plat while we work toward resolving the invoices that are being contested. I would hope that we will be scheduled for the next council agenda. Mayor Jim Reynolds City of Eagle October 31, 2014 Page 6 Fortunately, the City and our Company agreed to resolve issues like this through a dispute resolution process. This should also give the Parties the opportunity to update and adopt a new Reimbursement Agreement. We hope that this process will resolve the differences between the two parties and hopefully put this behind us. If you have any questions please feel free to contact me, I look forward to discussing this further. Sincerely, ,William I. Brownlee cc: City Council Members Susan Buxton Mark Tate JoAnn Butler Attachment Ada County Preliminary Plat Fee Comparison Original SV submittal lot count Total Residential Lots 197 Total Lots 236 Eagle Boise Base Fee $ 1025 Planning - 51450, Engineering - 5575 $ 994 Other fees at PP 5 810 Other engineering fees 5 157 Irrigation & light plans Per Lot $ 38 Planning - 520, Engineering - 518 5 7 Engineering Billed Separately (Y/N) 11 separate, estimate (total) No Holladay Eng No In house Total Cost $ 11,803 •• 5 2,803 Meridian Star Kona $ 2,104 $ 540 $ 1,376 Planning - 51276, Engineering 5100 5 99 Water & Sewer modeling $ 24 5 18 $ 25 Planning - 520, Engineering - $5 No In house Yes Keller & Assoc No In house 5 1,000 "less than 51,000" $ 7,867 $ 5,788 $ 7,276 • City of Eagle has an established fee schedule for engineering cost associated with a Preliminary Plat and has not typically charged fees above and beyond this fee schedule •• M3 paid $11,803 with its submittal at the direction of Eagle (see belowl. Some of the fees in the engineering calculation are questionable whether they should apply to Spring Valley (project set-up, on-site walkover, special development reports, etc) - ••The cost for JUB Engineering to design/prepare the preliminary plat, complete all of the application, print & submit multiple copies of those applications, and attend all meetings related to the preliminary plat including submittal and hearings was 57,500 The city engineer was pard 55,633 to simply review the documents PLUS they have requested an additional 516,000. Eagle Preliminary Plat Fee Calculation - December 2012 Base Fee Fee / Lot Fee Total Eagle Planning Department Fees Preliminary Plat 5 1,450 $ 20 $ 6,170 Planning Total 5 6,170 Eagle Engineering Fees project Concept Meeting / Review $ 200 $ 200 Project Set-up $ 60 $ 60 Preliminary Plat Check -list Review $ 230 $ 12 $ 3,062 On-site Walkover $ 230 $ 230 Special Development Reports (soil, geology. etc) $ 345 5 6 $ 1,761 Initial Correspondence and Recomme datio $ 320 $ 320 Po R Engineering Total $ 5,633 Grand Total $ 11,603 James D. Reynolds Mayor October 21, 2014 William I. Brownlee M3 Eagle LLC 4272 E. Camelback Road Suite H100 Phoenix, AZ 85018 City of Eagle P.O. Box 1520 Eagle, Idaho 83616 208-939-68I3 Re: Proposed Amended Reimbursement Agreement and Fee Schedule Council Members: Mark L. Butler Mary McFarland Jeff Kunz Stan Ridgeway Thank you for submitting your payment of $67,329.43 on Tuesday, October 14, 2014. At this point M3 continues to have an outstanding balance of $19,358.84, due on or before November 1, 2014, see attached statement. While you allege that M3's charges to date seem high, they are approximately $179 per acre (including a comprehensive plan amendment, annexation, rezone, development agreements with modifications and unique development standards), which is not excessive when compared to other developments in the City. For example, the processing costs for Mace River Ranch was $172 per acre (no comprehensive plan amendment, no annexation, and no unique development standards), Reynard was $180 per acre (no comprehensive plan amendment, no annexation, and no unique development standards). Considering the size, complexity and uniqueness of Spring Valley, it would be expected that the Spring Valley's entitlement cost would be significantly higher than a standard flat land development entitlement within Eagle, it is not. Per the mutually agreed upon reimbursement agreement, Paragraph 1, M3 agrees to pay "standard application processing fees as provided in Eagle City Code or applicable Eagle City fee resolution." The Planning and Zoning Fees have never included consulting costs, such as attorney or engineering fees. These costs, now and into the future, will be billed to applicants pursuant to Eagle City Code 1-7-4, as noted on the Planning and Zoning Fee Schedule, and as acknowledged in the M3 Reimbursement agreement, Recital C. The City cannot, in good conscious, recommend a billing process for M3 that is contrary to the City's adopted code and practices (i.e. charging consulting costs for attorney and engineering fees in the Planning and Zoning land use fee schedule). Page 1 of 2 K\ fanning Dcp111.2;lc Applrcallnn\M tipna; Valky1:1)I.1\laynr lulu Dnrwnlc lt).2 Jnc Per the October 14, 2014, City Council meeting, the City is currently working on an updated Planning and Zoning Land Use Fee Schedule that will establish a standard application fee for applications specific to Eagle City Code Title 11A, including the PUMP, Community Master Sign Plan, and Grading Permit. Upon the adoption of this schedule planning staff time for these specific applications will no longer be billed to M3 per the reimbursement agreement. Please note, the reimbursement agreement will remain in effect for applications unique to M3 including, but not limited to, water planning and master facilities planning. The fee schedule is anticipated to be brought to hearing in front of the City Council in December. The draft fee schedule was provided to M3 for their review in August and !encourage you to participate in the public hearing process on this item. The City looks forward to continuing to work with M3 as the Spring Valley projects comes to fruition. espectfully, drD. Reynolds Ars-64)r Cc: City Council City Attorney Zoning Administrator Page 2 of 2 K:1Pl mnmg DeptlEagle AppiicationslM3 Spring Valleyl20141Mayor ltr to Brownlee I0-21.doc Enclosures Eagle Planning & Zoning PO Box 1520 660 E. Civic Lane Eagle, ID 83616 Ph: 208-939-0227 Fx: 208-938-3854 To: M3 Companies Mtn: Marken Weis. Accounts Payable 4222 E. Ctunclback Road. Suitc H-100 Phoenix. AZ 85018 Statement Date 10/2012014 Amount Due 519358.84 Date Transaction Amount Salons Dcv. Stnds.-170-00-060 65.8300- 10/01/2014 [NV02141002. Orig. Amount 5245.49. 245.49 245.49 --- Starr Time $245.49 H20/Wastc Fac. Plan -170-00-060 70-5000- 10/01/2014 INV 1 PZ141008. Orig. Amount 5400.94. 400.94 646.43 --- Attny S400.94 Misc.-170-00.060 65-9800- 10/01/2014 INV #PZ14I00I.Orig. Amount 577.69. 77.69 724.12 — Stafrunc 577.69 10/01/2014 INV #PZI41007.Orig. Amount 5356.94. 356.94 1,081.06 — Amy 5356.94 Planning Unit MP -170-00-060 65.0500- 10/01/2014 INV #PZ141003. Orig. Amount 5668.11. 668.11 1,749.I7 --- Staff rune 5668.11 10/01/2014 INV #PZ141004.Orig. Amount 51.470.00. 1,470.00 3.219.17 --- Engineering 51.470.00 10/01/2014 INV #PZ 141005.Orig. Amount 5105.00. 105.00 3.324.17 --- Engineering 5105.00 10/01/2914 INV #PZ141006. Orig. Amount 51.389.44. 1,389.44 4,713.61 --- Anny S1.389.44 Spring Valley/PP Review PP -06-12- 10/01/2014 INV #PZ141009.Orig. Amount 59.402.54. 9.402.54 14,116.15 -- Enginccnng S9.402.54 10/01/2014 INV #PZI410I0.Orig. Amount $1,638.75. 106.44 149 --- Engineering 51.638.75 10/01/2014 INV #PZ14I0I 1.Orig. Amount 52,696.25. 2,696.25 16,918.84 --- Engineering S2.69625 10/01/2014 INV #PZ141012.Orig. Amount 51.775.00. 1.775.00 18.693.84 --- Engineering 51,775.00 1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 80 DAYS CURRENT DUE DUE DUE PAST DUE Amount Due 19.358.84 0.00 0.00 0.00 0.00 S19.358.84 Page 1 Eagle Planning & Zoning PO Box 1520 660 E. Civic Lane Eagle, ID 83616 Ph: 208-939-0227 Fx: 208-938-3854 To: M3 Companies Attn. Marken Weis, Accounts Payable 4222 E. Camclback Road. Suite H•100 Phoenix. AZ 85018 Statement Date 1012012014 Amount Due S19.358.84 Date Transaction Amount 10/0112014 INV 8PZ141013. Orig. Amount 5665.00. 665.00 — Engineering S665.00 CURRENT 1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS DUE DUE DUE PAST DUE Balance 19.358.84 Amount Due 19,358.84 0.00 0.00 0.00 0.00 S 19.358.84 Page 2 ° T 1 I. rn3coznpanies Via Email followed bu Hand Delivery October 14, 2014 Mayor Jim Reynolds City of Eagle 660 E. Civic Lane Eagle, m 83616 RE Response to October 8, 2014 letter from Jim Reynolds Dear Mayor Reynolds: In response to your letter dated October 8, 2014, I am enclosing a check in the amount of $67,329.43. This amount excludes $16,17734 described on invoices PZ14:1009 through PZ141013 dated October 1,2014, attached to your letter, winch are for additional engineering costs, and also excludes the credit for $4,055.30 per our discussion. At this point 1 have not had adequate time to review the detailed breakdown on these five new invoices and determine why we incurred these type of additional engineering costs. I will do so within the week. Below is a response to some of the items set forth in your letter: 1. In our approval received on August 26, 2014, we were required to bring current outstanding amounts due. At that time the amount due was $65,797.12. Councilman Butler inquired if we accepted all of the conditions of approval and the response given was "yes." These conditions include the following: a. PUMP Condition No. 3: The applicant shall submit payment to the City for all outstanding fees (planning, engineering, and legal) incurred for reviewing this PUMP, prior to approval of a preliminary plat for the area contained, within the PUMP. b. Preliminary Plat Condition No. 4: The applicant shall submit payment to the City for all City Attorney and engineering review fees incurred for reviewing this project, prior to the City Clerk signing the final plat. 2. Bill Vaughan gave an explanation in his letter dated June 13, 2014, for the General Meeting time which accounts for 17% of all the time billed between October 2012 and September 2014. My concern and comments are still the same: a. At what point does the City invest its own time to gain the knowledge necessary to process our applications? Simply because it's a new process (and we question whether the process is "new"), we should not be paying for the learning curve. b. I would like to see the fee schedules for Title 11A be all inclusive so we are not billed for General Meeting time. 4222 East Cantelback Road 1 Suite H1001 Phoenix, Arizona 850181 Phone 602.3861325 Fax 602.3861315 1 www. m3companiesllacorn October 14, 2014 Mayor Jim Reynolds City of Eagle Page 2 3. Your letter states: "In an effort to address M3's concerns about the on-going costs associated with staffs review of the M3 application, staff reviewed all the billings from December 2008 to June 2014. The staff billed for this time period was $76,976.42." The following is a recap of what has been billed to date for the period October 2012 to September 2014 (the time it took to process our most recent applications): Legal $137,737.48 Staff $100,329.62 Engineering $103,700.05 Total__7X As you can see, the total for the staff time during this period exceeds your stated amount of $76,976.42, let alone going back to December 2008, so I am confused as to what you are referring to. 4. Below is a recap of all of the payments made by M3 to the City since 2006. You reference in your letter the $226,880 deferred application fee for the PUD in 2006. You state that the estimate of fee for the PUD would be $264,560; to date we have paid $931,108 just to get through the development standards, the first PUMP approval and approval of our first preliminary plat: Summary of costs billed by the City through October 2014: Planning & Community Year Entitlement Improvement District Total 2006 $ 127,900 $ - $ 127,900 2007 - - - 2008 88,360 88,360 2009 50,549 - 50,549 2010 84,239 1,972 86,211 2011 107,514 1,225 108,739 2012 138,855 38,958 177,813 2013 137,510 83,306 220,816 2014 196,181 13,928 216,191 9,31.108 $ 1,32,390 .`' 1.0'16 2 As I have expressed to you on a number of occasions, the amount of time to process applications and the inability to process multiple applications at the same time is not practical when it comes to developing a master planned community of the size and scale of Spring Valley. As shown in the table below, it has taken the City 24 months and over 1,800 staff hours (not including the 18 months prior to October 2012 for the development standards) to do what needs to be done in 6 months or less. October 14, 2014 Mayor Jim Reynolds City of Eagle Page 3 As a point of reference, we just completed a similar scope of work for our master plan in Wickenburg, Arizona in five months including two preliminary and two final plats. Per our previous conversation, 1 invite you, staff and Council Members to take a tour of Wickenburg Ranch at any time. The grand opening is February 2015; you are more than welcome to attend. From. your October 8th letter, it would seem the City believes that these long review time frames are due solely to the actions of M3. To be fair, we would like to point out one example of a delay that led to additional review and staff time. M3 and the City worked on development standards as a stand-alone document for over 18 months. Toward the end of this process, the City Attorney insisted that the document be completely re- written and drafted as an additional title to Eagle City Code, contrary to our approved Development Agreement. This change by the City caused hundreds of extra hours and months of delay to re -draft the document. M3 bore the cost of its own time, consultants' time, plus the cost of City staff time and City Attorney and consultant time for the prior effort as well as the approval process for Title 11A. As another example, our last hearing took over 4 hours to process the PUMP and preliminary plat recommendation from the Planning & Zoning Commission because the Council allowed this hearing to be a retrial of all prior approvals; water, sewer, traffic, zoning, planning, etc. We have been billed by staff and the engineer for them to meet with the Schirmers to discuss the location of the sewer plant -- a decision that was made with our original Pre Annexation and Development Agreement and approved again in December 2013. Staff Hours Development Standards 425.6 (Title 11A) PUMP No. 1 377.7 General Meetings 297.7 Design Guidelines 199.3 PADA Amendment 176.5 Habitat Mitigation Study 62.8 Monthly Meetings 51.5 Water Study 34.5 Economic Study 34.3 CLOMR 28.0 Traffic Study 10.7 Final Dev. Plan 7.5 Prelim Plat No. 1 157.6 Total Hours 1,866 City Legal 550+1- hours (depends on billing rate); $137,737.48 in total billings October 14, 2014 Mayor Jim Reynolds City of Eagle Page 4 5. With respect to the City budget that was referenced in the letter, and being mindful to the taxpayers, below is a chart that shows what the City budgeted since 2006 each year for this project including its staff time, third party legal, and engineering reimbursements versus what was actually paid.. You raise in your letter the burden on the Eagle taxpayer. We are Eagle taxpayers also, and the financial burden imposed on the City versus the payments by M3 has exceeded the City budget for the same period of time by over $377,530 (see below). M3 Eagle, LLC CITY OF EAGLE Project to Date Cash Payments as of October 13, 2014 City City Budget City Budget Budget (All (All (M3) Projects) Projects) Payments Staff Atty Fees Engineering City Year By M3 Time (2) Fees (2) Total M3 Overage (1) 2006 127,900 127,900 2007 2008 88,630 2009 50,549 2010 84,239 19,000 2011 1,0;514 , 10,000 IMO 2012 138,855 18,000 2013 137,510 20,000 2014 180,0.03 5,000 Subtotal paid or budgeted: 914,930 199,900 45,000 26,250 26,250 26,250 26,250 26,250 26,250 202,500 127,900 45,000 90,000 (1,640) 33,750 60,000 (9,451) 11,250 56,500 27,739 11,250 47,500 60,014 11,250 55,500 83,355 11,250 57,500 80,010 11,250 42,500 137,503 135,000 537,400 377,530 October 14, 2014 Mayor Jim Reynolds City of Eagle Page 5 (1) The amount paid annually by M3 minus the amount shown in the City of Eagle Budget for City Staff time dedicated solely to M3 (excludes the engineering fees in the amount of $16,177.54) and (2) Assuming 75% of the City of Eagle Budget for City Attorney and City Engineering reimbursements is billed to M3. The City takes pride in transparency - where has this been disclosed to the citizens of Eagle? Is part of the problem with the length of time to process information related to how you are staffed or budgeting for this project? The continual finger pointing at M3 as the problem and the reason that the process has taken so long as stated in your letter and in prior correspondence and meetings, will not cure or fix the problem. Your example omits the fact that the staff failed to advertise the PUMP and preliminary plat in the Valley Times which caused the recent hearings to be delayed. Yes, our sign company failed to post the property properly (which would have not been required if the City have advertised correctly) and we take full responsibility for that error. Let's all shoulder responsibility. With this said, I offer the following as a guideline of how to move forward: • Approach this project as the economic development opportunity it is instead of a planning exercise. • Adopt the fee schedule and application forms called for by Title 11A. • Review your current fee schedule so that all application processes are inclusive of engineering and other third party costs. • Consider hiring a City Engineer. • Centralize your process — not everything must run through the City Attorney. • When an application is submitted, do a complete review between the staff and ourselves to make sure the application is complete and establish a budget for staff time, and third - party consultants. This is already required under the Reimbursement Agreement. • Establish team leaders for our project. • Identify timelines and discuss how application processing impacts the development schedule. • Do a complete staff review of the applications in a timely manner and submit the review in letter form (not piecemeal emaiis) so our consultants can address and respond to staff in a succinct format. • Hold regular meetings between our respective staffs. • Consider hiring a City Administrator to help streamline your processes. October 14, 2014 Mayor Jinn Reynolds City of Eagle Page 6 • Top down leadership. If leaders express that the project is important and want it tor be successful, staff members will take this lead and make itsircesfuL It has been a long, arduous and costly process to get to this: point: We have all endured countless hearings and delays for various reasons. Hopef,iy with thie approvals over the Last 24 months, those days are behind us; we choose to look forward and trust that lheCity shares this view. Spring Valley will be a great asset to the City, providing employmenttAnd economic development opportunities:for many of Eagle's citizens and businesses. We' need the City's support and covperation.to make this project a reality, instead of a p1 u ins exercise. With this letter, I aim requesting a Meeting with the full. Conned io -Afar:um the fee schedule, the bdlii igs to date, and the process as to how we proceed. Itis II.., �t . , Y that we are all ,,o`n,�the same gage. ill a ilio Y'Vi iY'o d to tat 'ail Y of tbe Findings Q Pact for the PUMP ��lo.l and Nerthrittary Plat in a fimely timmer and the meting with the Counr l to discuss the fee schedfi es and reimbvmsemetit agreement. Sincerely. DV1 F.atle, LLIC By: US Builders, LLC Its:Manager WBliam L Brownlee cc: Oty Council Members (via email) Bill Vaughn (via email) Nu hQe1 Baird VeAcer. ( maB) Susan Baton n aria email) JoAnn Butler (via email) James D. Reynolds Mayor October 8, 2014 William 1. Brownlee M3 Eagle LLC 4272 E. Camelback Road Suite 1-1100 Phoenix, AZ 85018 City of Eagle P.O. Box 1520 Eagle, Idaho 83616 208-939-6813 Re: Proposed Amended Reimbursement Agreement and Fee Schedule Council Members: Mark L. Butler Mary McFarland Jeff Kunz Stan Ridgeway Dear Bill, On September 16, 2014, the City has received your proposed amended and restated reimbursement agreement along with a proposed fee schedule attached to the agreement sent to the City Attorney. This has come after several months of discussions regarding the City's billing to M3 and M3's failure to pay the City's invoices. The invoice sent to M3 on October 1, 2014, shows an outstanding balance of $87,562.27. Of that amount, $56,923.41 is over 90 days past due. This is a serious problem that must be resolved immediately. Furthermore, the engineering fces for the review and processing ofthe Spring Valley Preliminary Plat PP -06-12 exceeded the Fee Schedule and resulted in an additional $16,177.54. Those invoices are attached. 1n May, you expressed concerns over the scope ofthe billing from the City Planning and Zoning staff. The City staff requested specific details of the billing that M3 disputed in order to respond your concerns. The City has never received this information. Instead, the City has received flowcharts, proposed checklists, proposed application forms and timelines, and a proposed amended reimbursement agreement and fee schedule. City staff, the City Attorney, and 1 met with you to discuss your concerns of staff time billed for monthly meetings and "general" meetings. While the majority ofthe meetings M3 was billed for were at the request of M3 representatives, the City's review the billings showed this time equaling only $4,055.30 ofthe outstanding M3 bill. In 2006, City agreed to M3's request to defer the PUD application fee of $226,880.00 until after the approval of the development agreement, which established the process for the review and development of the PUD standards specific to M3. At that time, the City only charged M3 for the fees associated with annexation, rezone, development agreement and comprehensive plan applications. In 2007, when M3 began to submit to the City draft PUD standards, the fee for the PUD and associated ECC Title 9 & 10 changes to the DA -MOD were estimated per the current P&Z Fee Schedule at $264,560. The City agreed to this arrangement with the explicit understanding that M3 would pay all fees associated with the processing of the application consistent with ECC 1- 7-4(A) including attorneys, engineers and other professionals that were not part of the P&Z Fee Schedule. The City and M3 has proceeded in that fashion over all of these years. In an effort to address M3's concerns about the on-going costs associated with staffs review of the M3 application, staff reviewed all the billings from December 2008 to June 2014. The stafftime billed for this time Page 1 of 2 11: 'Pla:uury 1kpt\Esee Appticstiatu\M3 spring VLOeyL'Ol4U daytx ter to Brownke.doc period was $76,976.42. In an effort to be a mindful and conservative steward of the reimbursement agreement, a significant amount of City Staff hours were not billed to M3 which has resulted in a significant benefit to M3 and a burden to the Eagle tax payers. At the public hearing on August 26, 2014, you praised the City Staff's work and management of the M3 applications to this point. Now, in spite of the considerable cost savings M3 has received, it is your position is that M3 will not pay its balance current unless the City enters into a new reimbursement agreement, agrees to not bill for any meetings, public hearings, and adopts the timelines proposed by M3. These are new terms that are not contemplated by the current reimbursement agreement nor the past dealings between M3 and the City. Further, this is not how the City handles costs with other developers. You have emphasized M3's desire to be treated equally to other developers. M3 is well over 90 days in arrcars. This is not how other developers are treated. Accordingly, no further applications or permits will be processed until the overdue payments are received by the City. As you know, public funds are used for the City to pay its bills. Waiting over 30 days for reimbursement of these public funds is not tenable. While we are happy to meet with you and your consultants, these meetings cost money and are subject to reimbursement. The City appreciates the efforts M3 put into compiling the checklists and proposed flowcharts/timelines. Nonetheless, the City cannot guarantee timelines for processing applications because several elements of the application are not controlled by the City. These include responses from outside agencies, as well as M3's own delays or failure to comply with posting and notice requirements. The M3 proposed checklists can be used by City staff as a guiding tool to process the M3 submittals under Title 11A of the Eagle City Code. The fees for the processing of applications under Title 11A receive the same treatment as other land use applications. They reflect and reflect the actual costs of the City services as well as pass through costs to consultants, such as engineering and attorney fees pursuant to ECC 1-7-4. The City has approved a stand-alone fee resolution and schedule that can be amended from time to time. The draft fee schedule provided to you on August 20, 2014, incorporates a new fee for a PUMP which is applicable to M3/Spring Valley. The proposed fee schedule contains new fees under Title 11A and a public hearing is required prior to adoption. The City Council will review the proposed new fee schedule on October 14, 2014, as was discussed with your attorney, and will set a public hearing for their consideration as required by state law. The Findings of Facts and Conclusions for the M3 Spring Valley PUMP are scheduled to be on the City Council's agenda for approval on October 14, 2014. This requires City staffand consultants to be available for questions from the City Council. The need for these additional resources is directly attributable to the Spring Valley development. Full payment of the outstanding invoices must be remitted to the City by 4:00 p.m. on Tuesday, October 14, 2014. The Preliminary Plat Findings and Conclusions will be placed on the next available City Council agenda after the M3 invoices are brought current. The City and its governing board support the efforts of M3 but can no longer wait for its reimbursement payments to be made in a timely manner. Respectful l ames D. Reynolds Mayor Cc: City Council City Attorney Zoning Administrator Page 2 of 2 K .Planning DeptTagle Applucations,M3 Spring Valleyt20141Mayor Itr to Brownlee doc Enclosures Eagle Planning & Zoning PO Box 1520 660 E. Civic Lane Eagle, ID 83616 Ph: 208-939-0227 Fx: 208-938-3854 To: M3 Companies Attn: Marian Weis. Accounts Payable 4222 E. Camctback Road. Suitc H-100 Phoenix. AZ 85018 Statement Date 10/1/2014 Amount Due 587.562.27 Date Transaction Amount Balance Design Guidelines -I70.00.060 65-8000- 05/05/2014 INV #PZ 140517.Orig. Amount 5822.38. 822.38 822.38 -- Anny 5822.38 Dcv. Stnds.-170-00.060 65-8300- 02/11/2014 INV #PZ140206. Orig. Amount 54.067.63. 4.067.63 4,890.01 --- Attny 54.067.63 054/2014 INV #PZI40208. Orig. Amount 5574.89. 574.89 5.464.90 - StaffTime 5574.89 03/13/2014 INV #PZ140303. Ong. Amount 52.638.68. 2.638.68 8.103.58 Attny S2,638.68 051052014 INV #PZ140513.Orig. Amount 51.477.89. 1.477.89 9.581.47 -» Attny 51.477.89 06/03/2014 INV #PZ140602. Orig. Amount 5155.38. 155.38 9.736.85 -- Staff Time S155.38 07/03/2014 INV #PZ140702. Orig. Amount 5139.84. 139.84 9.876.69 --- StaffTimc 5139.84 10/01/2014 INV #PZ141002.Orig. Amount 5245.49. 245.49 10.122.18 - Staff Time 5245.49 H20/Wastc Fac. Plan -170.00-060 70-5000. 02/24/2014 INV #PZI40210. Orig. Amount 5310.75. 310.75 10.432.93 --- StaffTime 5310.75 03/13/2014 INV #PZ140302.Orig. Amount 51,289.19. 1.289.19 11,722.12 --- Attny 51.289.19 05/05/2014 INV #PZ140502.Orig. Amount 5455.48. 455.48 12.177.60 - Stafl'Timc 5455.48 05/05/2014 INV #PZ140508.Orig. Amount 51,026.76. 1.026.76 13.204.36 Atmy 51,026.76 05/05/2014 INV #PZ140512. Orig. Amount 52.362.39. 2.36239 15566.75 -- Attny 52,362.39 06/03/2014 INV #PZ140609. Orig. Amount 364931. 649.31 16,216.06 -- Attny 5649.31 1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS CURRENT DUE DUE DUE PAST DUE Amount Duo 30.638.86 618.21 4,608.85 7.235.33 44,461.02 S87.562.27 Page 1 Eagle Planning & Zoning PO Box I520 660 E. Civic Lane Eagle, ID 83616 Ph: 208-939-0227 Fx: 208-938-3854 To: M3 Companies Attn: Marken Weis, Accounts Payable 4222 E. Camelback Road, Suite H-100 Phoenix. AZ 85018 Statement Dale 10:12014 Amount Due 587562.27 Dale Transaction Amount Balance 071032014 INV #PZ140704.Orig. Amount S31.08. - 31.08 16.247.14 - StaffTimc S3I.08 07.032014 INV #13Z140708. Orig. Amount 593.19. 93.19 16,340.33 -- Attny 593.19 10.01/2014 INV #PZ141008. Orig. Amount S400.94. 400 94 16.741.27 -.- Attny S400.94 Misc.-170-00-060 65.9800- 0103:2014 INV #PZ140201. Orig. Amount 5141.16. 141.16 16,882.43 - StaR'Timc 5141.16 02/11/2014 INV #PZ140204. Orig. Amount 53.044.63. 3.044.63 19.927.06 - Attny 53.044.63 02242014 INV #PZ140207. Orig. Amount 51.465.79. 1.465.79 21.392.85 --- StaffTimc 31,465.79 03/13/2014 INV #PZ14030I. Orig. Amount 5417.69. 417.69 21.810.54 - Anny 5417.69 05/05/2014 INV #PZ140509. Orig. Amount 5263 26. 263.26 22.073.80 -- Attny 5763.26 05/052014 INV #PZ140515.Orig. Amount 51.980.88. 1,980.88 24.054.68 - Attny 51,980.88 06/032014 INV #PZI40601. Orig. Amount 577.69. 77.69 24.132.37 --- StaflTrmc 577.69 06103/2014 INV #PZ140611.Orig. Amount 5503.31. 503.31 24.635.68 --- Attny 5503.31 07/03/2014 INV #PZ140701.Orig. Amount 5124.30. 124.30 24.759.98 -- StafiTimc 5124.30 07103/2014 INV #PZ140709. Orig. Amount 51.571.00. 1.571.00 26.330.98 --- Attny S1,571.00 08/04/2014 INV #PZI40806.Orig. Amount 562.15. 62.15 26.393.13 --- Staff Time 562.15 09/03/2014 INV 11PZ130904. Orig. Amount 5225.32. 22532 26,618.45 --- Legal Ad/Pub S225.32 09/03/2014 INV #PZ140907.Orig. Arnow 5772.18. 772.18 27.390.63 - Amy S772.18 1-30 DAYS PAST 31-60 GAYS PAST 61-90 DAYS PAST OVER 90 DAYS CURRENT DUE DUE DUE PAST DUE Amount Due 30.638.86 618.21 4.608.85 7.235.33 44.461.02 587.562.27 Page 2 Eagle Planning & Zoning PO Box 1520 660 E. Civic Lane Eagle, ID 83616 Ph: 208-939-0227 Fx: 208-938-3854 To: M3 Companies Atm: Marken Weis. Accounts Payable 4222 E. Camclback Road. Suite H-100 Phoenix, AZ 85018 Statement Date 10.'1/2014 Amount Due 587.562.27 Date Transaction Amount Balance 09/05/2014 INV /iPZI409I0. Orig. Amount 5874.00. 874.00 28,264.63 Attny 5475.01) -- Atmy 519.00 -» Attny 5380.00 09/05/2014 INV #PZ140912. Orig. Amount 56,000.00. 6,000.00 34.264.63 --- Legal Ad/Pub 56.000.00 [0/01/2014 INV #PZI4I001.Orig. Amount 577.69. 77.69 34.342.32 --- StaffTimc 577.69 10101/2014 INV #PZ141007. Orig. Amount 5356.94. 356.94 34,699.26 — Attny 5356.94 Mstr. Dcv. Plan -170-00.060 65-0500- 03/13/2014 INV #PZ140304. Orig. Amount 51,439.68. 1.439.68 36.138.94 — Attny 51.439.68 05/05/2014 INV #PZ140501.Orig. Amount 52.610.30. 2.610.30 38,749 24 --- Staff Timc 52,610.30 Planning Unit MP -170-00-060 65-0500- 02/24/2014 INV #PZ140209. Orig. Amount 53.019.54. 3.01934 41.768.78 --- StafFTime 53,019.54 04/09/2014 INV #PZ140401. Orig. Amount 52.190.79. 2.190.79 43.95937 -- StaIFTimc 52,190.79 04/092014 INV #PZ140402. Ong. Amount 52,734.60. 2,734.60 46.694.17 -- StafrTimc 52.734.60 05/05/2014 INV #PZ140510. Orig. Amount 51.788.76. 1.788.76 48,482.93 --- Attny 51,788.76 05105/2014 INV HPZ140514.Orig. Amount 51.177.39. 1.177.39 49.660.32 --- Attny 51,177.39 06/03/2014 INV #PZ140603. Orig. Amount 51.636.33. 1.636.33 51.296,65 --- Staff Time 51,63633 06/032014 INV lOPZI40610. Orig. Amount 53.833.31. 3.833.31 55,129.96 --- Attny 53.833.31 07/03/2014 INV #PZ140703. Orig. Amount 5637.04. 637.04 55.767.00 --- StaffTimc 5637.04 1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS CURRENT DUE DUE DUE PAST DUE Amount Due 30,638.86 618.21 4,608.85 7,235.33 44.461.02 587,562.27 Page 3 Eagle Planning & Zoning PO Box 1520 660 E. Civic Lane Eagle, ID 83616 Ph: 208-939-0227 Fx: 208-938-3854 To: M3 Companies Attn: Marlecn Wcis, Accounts Payable 4222 E. Camelback Road. Suite H-100 Phoenix. AZ 85018 Dale 07:0312014 08104,2014 08'04.2014 09.032014 09'04/_014 10/01/2014 10/01/2014 10/01/2014 10/01/2014 10/0I/2014 10/01/2014 10/01/2014 10/01/2014 10/01/2014 02/11/2014 CURRENT 30,638.86 Transaction INV #PZ 140707.Orig. Amount 51.045.20. -» Auny 81.045.20 INV #PZI40807. Orig. Amount 5233.06. StafTimc 5233.06 INV #PZ 140808.Orig. Amount 5266.00. --- Autry 5266.00 INV #PZ140905. Ong. Amount S625.18. -- Attny 5625.18 INV #PZ140709.Orig. Amount S559 35. --- Staff Time S559.35 INV #PZ141003.Orig. Amount 5668.11. --- Staff Time 5668.11 INV #PZ141004. Orig. Amount 51.470.00. --- Engineering 51.470.00 INV #PZ141005. Orig. Amount 5105.00. --- Engineering S105.00 INV #PZ141006. Orig. Amount 51,389.44. --- Attny 51.389.44 Spring Valley/PP Review PP -06 -12 - INV #PZI41009. Orig. Amount 59.402.54. --- Engineering 59,402.54 INV #PZ141010.Orig. Amount 51,638.75. --- Engineering 51.63 8.75 INV #PZ 141011. Orig. Amount 52,696.25. --- Engineering 52,696.25 INV #PZI41012. Orig. Amount 81,775.00. --- Engineering 81.775.00 INV #PZ141013. Orig. Amount 5665.00. --- Engineering 8665.00 Statement Date 10.1.2014 Amount Due 587,562.27 Amount 1.045.20 233.06 266.00 625.18 559.35 668.11 1.470,00 105.00 1.389.44 9,402.54 1,638.75 2.696.25 1.775.00 665.00 Water Rights -170-00.060 65.3000 - INV /1PZ140205.Orig. Amount 56,357.13. 6,357.13 Attny 56.357.13 1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST I OVER 90 DAYS DUE DUE DUE 1 PAST DUE 618.21 4.608.85 Page 4 7,235.33 44.461.02 Balance 56.812.20 57,045.26 57,311.26 57.936.44 58.495.79 59,163.90 60.633.90 60.738.90 62.128.34 71.530.88 73.169.63 75,865.88 77,640.88 78,305.88 84.663.01 Amount Due 587.562 27 Eagle Planning & Zoning PO Box 1520 660 E. Civic Lane Eagle, ID 83616 Ph: 208-939-0227 Fx: 208-938-3854 To: M3 Companies Attn: Marken Weis. Accounts Payable 4222 E. Camdback Road, Suite H•100 Phoenix. AZ 85018 Statement Amount Due 587,562.27 Date 104:2014 Dale I Transaction Amount Balance 05/05/2014 INV #PZ 140516.Orig. Amount 580338. 803.38 85,46639 --- Attny 580338 06/0312014 INV 1#PZ140608. Orig. Amount 5380.00. 380.00 85.84639 --- Attny 5380.00 07/03/2014 INV HPZ140706. Orig. Amount 5967.20. 967.20 86.813.59 --- Attny 6967.20 08/0412014 INV #PZ140809. Orig. Amount 557.00. 57.00 86,870.59 -- Auny 557.00 09/042014 INV ##PZ140906.Orig. Amount 5691.68. 691.68 87562.27 -- Attny 5691.68 CURRENT 1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS DUE DUE DUE PAST DUE Amount Due 30.638.86 618.21 4.608.85 7,235.33 44.461.02 587.562.27 Page 5 t Jul m3companies Via Email May 27, 2014 City of Eagle Mayor Jim Reynolds 660 W. Civic Lane Eagle, ID 83616 RE: M3 Eagle L.L.C. - Spring Valley - Fees and Costs Dear Mayor Reynolds: The purpose of this letter is to address our concerns with the costs incurred to process our applications to date, the processing times of our applications and to suggest how we proceed from here. The current process is not working efficiently enough to meet the scheduled requirements necessary to develop a master planned community and the costs that we are incurring are neither reasonable, nor appropriate. The last time we had this discussion, the staff prepared a spreadsheet detailing all of the reasons that M3 was responsible for delays in the process, please direct your staff not to repeat this exercise as it is not beneficial. I would prefer that the staff spend time working on Title 11A schedules and checklists discussed below and making suggestions on how we can better work together to implement the contractual obligations set forth in the Development Agreement, as amended. As a reminder, we filed our original annexation and zoning applications in April 2006, received approval in December 2007, were annexed in November 2009 and, as of May 19, 2014 , have finally received recommended approval by the Planning & Zoning Commission for our PUMP No. 1 and first preliminary plat (which was filed in October 2012). Granted a sizeable amount of work has been completed, but the time frame to complete this work and the associated costs paid to the City as well as our consultants and attorneys is staggering -- in the millions of dollars. To date, we have incurred City costs of $1,024,672 of which $885,282 has been incurred to process the original annexation and zoning applications, the Development Agreement, Title 11A, Design Guidelines, Grading Guidelines and Hillside Development Standards, Habitat 1 Mitigation Plan, master water and sewer studies, Conditional Letter of Map Revision, Economic Study, Traffic Study and general meeting time. In our 30+ years in this business, neither I nor my partner have never incurred costs of this magnitude to process entitlements and plans prior to being able to pull a building permit. At this point, we still do not have approvals that will allow us to commence the detailed engineering necessary to start physical development work. It is imperative that we - both the City and our Company - get a handle on these costs and the process. Our partners demand it. The City and its taxpayers, including our Company, deserve it. In January 2014, the City adopted Ordinance 710 (that is, Title 11A, the zoning and subdivision ordinance governing Spring Valley), and the Amended & Restated Development Agreement. As you may recall our Pre -Annexation and Development Agreement required us to complete development standards for Spring Valley; we pursued this course of action for over 2 years prior to spending approximately 1 year preparing and adopting Title 11A. Additionally, in April of this year we were annexed into Eagle Sewer District and entered into a Wastewater Agreement with Eagle Sewer District. After significant delays in 2012 through 2014 which included ACHD delays because the Eagle staff requested that ACHD not process our traffic study in 2013 (as evidenced by the ACHD staff report), Ada County Highway District finally issued a staff report and in May 2014 the Planning & Zoning Commission recommended approval of the Spring Valley PUMP No. 1 and Preliminary Plat for the first phase. We look forward to approval at the City Council and taking the next steps toward development of Spring Valley. Timely processing is essential to meet the development schedule for a large-scale master planned community, or for that matter, any real estate development. Real estate is cyclical and timing is crucial to success. Cooperation between the city and the developer and other agencies is key to this happening. Most important is the desire of the City council and staff to see the project be successful, and fully support the implementation of its obligations in the Development Agreement. We have laid the foundation for this success. Wickenburg Ranch, an M3 master planned community A great example for us to look at is our Wickenburg Ranch project. We started development in 2008, completed approximately $65,000,000 of work within 14 months processing over 30 permits in Yavapai County (staffed very similar to Eagle), mothballed the project in 2009 and started development again in January 2014. This is a 2,100 acre, 3,000 unit master planned community, which is very similar in terrain and scope of development to Spring Valley. Collectively before we open the model home park, we will complete over $100,000,000 in development inclusive of constructing a wastewater treatment plant, water wells and storage facilities, large scale mass grading, significant US Highway improvements, over 4 miles of underground utilities, a golf course, a 25,000 square foot clubhouse, a model home center, a central park and over 1 2 mile of collector streets and 300+/- single family home lots (annually). At any given point in time, there are over 25 active development permits and when housing construction starts, a projected 200-300 housing permits annually. The employee count will go up to over 200 in the next 6 months, currently at 125 and then grow to 300-500, depending upon the number of homes being built annually starting in 2015. This has required coordination and cooperation from initially Yavapai County (2006- 2014) and subsequently the Town of Wickenburg (the Town annexed the project while under development in May 2014). Both agencies have similar (or smaller staffing in the instance of Wickenburg) to the City of Eagle. One example of the challenges that we have had to overcome was the processing of our model home complex preliminary and final plats, which are key to our ability to meet our grand opening schedule in February 2015. The programming of our project is an active adult buyer, which means the selling season is November to May. The Town recognized this during the annexation process and worked with us to create a schedule under the assumption the annexation would be successful, this time around (this was the second attempt, there was an ongoing referendum and the annexation was stopped in November 2012 by threat of referendum) and was prepared to act immediately if annexed. The project annexation was final on a Thursday, the Town scheduled a planning and zoning hearing for the following Monday, a Town council meeting for the following Monday and a final plat hearing two weeks later including the approvals of the subdivision plans and issuance of permits the day following council approval. Secondly, the Town is issuing permits to start construction of the model homes upon having fire protection in place (versus having paving completed and final plat recorded as is required in Eagle) knowing that they will not issue the occupancy permits until the subdivision and the models are complete in February - otherwise we would not meet the grand opening schedule. Although we would have to stick with the statutory notice and timing for public hearings in Eagle, the point is that the Town views our project as a major employer and business, not a just another real estate development. When touring the project last week with Wickenburg's Mayor, I expressed our appreciation for his staff and the expediting of the schedule. He said something that we should strive to emulate in Eagle: "The faster you build, the more revenue to the Town. We understand the better you do the better we do." The Mayor and the council recognize and believe in the economic study which found that the project's impact to the Town over its 15 year build out will be over $61M and be one of the largest employers in the area. Also, we will spend over $1,000,000 annually advertising the project and the Town on a local, state and national basis. The politics are very similar to here, a small group of people living inside and outside the Town limits, talked about the sky falling at every meeting. The City chose to look past this rhetoric and make those tough decisions to move this project forward; it was the largest annexation in the history of Wickenburg. The direction from the Mayor to the staff was "Make this project a success." The staffing of the Town is similar to 3 Eagle and our costs are a fraction to do business there versus here. The Town either has a fee schedule for each process or is willing to invest the staff time knowing the economic benefit it derives from the project will not only exceed their costs (greatly) but be an economic engine that will benefit other business in their community. When I ask our staff and consultants, many of whom work on both projects, if the City of Eagle and ACHD can process a similar volume of applications and permits as the Town of Wickenburg does for Wickenburg Ranch (which is normal for this scale of community), I am told that we unfortunately don't see it happening here. We need to, collectively, change this so we can be successful and look forward to the City's suggestions. In addition, I would invite you, your staff and other council members to come to Arizona and tour Wickenburg Ranch. I believe that a visit would put it all in perspective, and give everyone a sense of what scale of development we are planning to undertake with Spring Valley. I don't believe that the City staff or council really understand this scale of development, due to the fact that there are no comparative developments of this scale in Idaho, and your staff has not worked on this scale of development in the past as far as I know. I hope that you take me up on the offer in the near future. Reimbursement Agreement We currently have a Reimbursement Agreement with the City that essentially has not been adhered to or followed by either party. The intent was to establish budgets for various tasks and this has not occurred. M3 has continued to pay billings from the City since 2006, but this process has reached a point where the costs are getting out of control and there is no accountability. We need to make this process more formal and create a structure that provides everyone with accountability. To give you a sense of the monies that our Company has paid to the City: since inception our Company has paid $933,534 and has been billed for $91,138, as reflected in the most recent invoice to process the Planning and Entitlements and Community Infrastructure District. I will deliver to you $29,409 this week, when I am in Boise, which represents outstanding billings through March 2014 of $91,138 Less $61,731, which represents a pro rata share of the total billings from October 2012 through March 2013 for the categories of General Meeting and Monthly Meeting (330 hours of the total of 1,611 hours or 20%) based upon an hourly rate of $187.07 that includes staff time, engineering time and legal time. Prior to -paving anything toward the balance, I want to have further discussion with you regarding the applicability of billing us for your staff's and legal counsel's general meeting time to discuss our applications. We are uncertain how much legal time is billed toward our project since we don't receive a detailed breakdown of the legal bills. It seems ironic that we should be billed on an individual task basis and then also be billed to have a staff meeting to discuss how each staff person is going to process the applications. In addition, upon reviewing your 2013- 4 2014 City budgets, we would like to discuss how you have budgeted for Spring Valley and actual proceeds received. Below is the summary of the costs billed by the City through April 2014: Community Planning & Improvement Year Entitlement District Total 2006 $ 127,900 $ $ 127,900 2007 2008 88,360 88,360 2009 50,549 50,549 2010 84,239 1,972 86,211 2011 107,514 1,225 108,739 2012 138,855 38,958 177,813 2013 137,510 83,306 220,816 2014 59,217 13,928 73,146 2014 Due 91,138 91,138 S 885,282 S 139.390 S 1.024.672 The current process lacks accountability as well as incentive to get the applications processed in a timely manner. What is the incentive when you can continue to bill us with no accountability on your part or time constraints to process applications? The result is the process lingers on and on (going to be almost 18 months to process Title 11A, Development Agreement amendment, first PUMP and first preliminary plat) and cost continues to pile up. We are a business no different than a manufacturing company. Do you think a manufacturing company, knowing what we know, would want to locate its manufacturing facility in the City with such uncertain timing and costs? We have reviewed your "City of Eagle Budget Report Fiscal Year 2014" and I think it speaks to the forward planning and understanding of your staffing commitments to this project. The budget does not evenly closely reflect for 2014 the known workload that the staff was processing. If you had known, when adopting your budgets, that our projection was going to generate a 200% increase in actual versus budget for the 2013- 2014 period would the council have looked at staffing differently? Below a comparison of budget versus actual: 2013 B 2013 A 2014 B 2014 A M3 Staff Time Reimbursed $18,000 $46,384 $20,000 $40,791 Attorney's Fees $35,000 $42,437* $35,000 $75,904* 5 B = Budgeted; A = Actual M3; the Attorney's Fees were for all developers within the City of Eagle;* represents only M3 payments. 2013 is January through July 2013. 2014 is July 2013 to April 2014. The staff has not scheduled a meeting to discuss upcoming workloads for our project or our project schedule, yet the City is having budget meetings to set budgets and personal requirements for the next fiscal year. Can you share with me your staff estimates for workload for the coming fiscal year? How can the City adequately staff and budget without taking time to plan for its largest contributor towards its planning budget and attorney's fees? Two other ways we have analyzed the City's billings since October 2012: 1) the attached schedule "Billings for the City of Eagle Spring Valley," shows the allocation of costs by category per the City of Eagle billings, and; 2) the attached schedule "City of Eagle Billings By Staff Person Spring Valley," shows the billings by staff person: The following is the summary from "Billings for the City of Eagle Spring Valley. Staff Hours Development Standards 414.4 (Title 11A) PUMP No. 1 307.2 General Meetings 278.5 Design Guidelines 199.3 PADA Amendment 176.5 Habitat Mitigation Study 62.8 Monthly Meetings 51.5 Water Study 34.5 Economic Study 34.3 CLOMR 28.0 Traffic Study 10.7 Final Dev. Plan 7.5 Prelim Plat No. 1 6.5 City Legal billings 600+/- hours (depends on billing rate); $127,530 in total What we have found in review of the "City of Eagle Billings By Staff Person Spring Valley" is that essentially one person (Nichoel) was doing the lion's share of the work on the project with limited help from other staff members in the planning department. A project of this scale requires a team effort and cannot be processed by one person. 6 Total Hours % of 2013 Annual Hours Bill Vaughan 57.5 hours 3% Nichoel Baird Spencer 819.5 hours 41% Mike Williams 34.0 hours 2% Barb Cerda 17.0 hours 1% A case in point is the simultaneous review of applications which should have occurred and would have saved at least four or five months in our 2014 schedule and would have allowed us to stay on track to start development in 2014. We were told repeatedly that the City could not process the PUMP and preliminary plat simultaneously with the Development Agreement amendment and Title 11A. We could never understand why not, since we were all driving the format of the Title 11A and Development Agreement amendment and we had an existing Development Agreement. The impact on timing is that we passed Title 11A and Development Agreement amendment in January 2014, and the PUMP and preliminary plat will not be heard by the City council until June 2014. Due to the uncertainty with Eagle process, we have not started any engineering work which will now put us into the first quarter of 2015 before we could possibly have a chance to start construction in earnest. This now creates a conflict with crossing the Farmer's Union ditch which can only be completed during the dry up period. Where is the sense of urgency? This approach will not work and has resulted in undue delays and costs and pushes our project, and our start date out one year (or further) toward the end of the development cycle. A master planned community from the date you start development to the date you open is about 18-24 months, depending upon the scope of your first phase. This means that if we start development in spring of 2015, we will open in 2017, when many economists in our industry are projecting the next downturn. No different than I would expect from the City, when we identify a problem, we also propose a solution. The following outlines our thoughts on how to make this process more streamlined and efficient so it works for us and the City: Title 11A and Development Agreement Title 11A provides that the City shall adopt application forms and checklists to process Spring Valley applications. This week JoAnn provided a flowchart, timeline and checklist for two of the application processes (Planning Unit Master Plan and Plat) along with a draft of fees for the staff's review. Other application forms needed include Design Review, Variance, Accessory Use and Appeal; we will work with your staff to create these additional documents. We also intend to work with your staff to set the Scope of Review and timeline for each of these tasks and would appreciate you making this a priority. One result of this process will be the revision of the Reimbursement Agreement between our Company and the City, which has not been adhered to in many ways. Irrespective of that, our Company has continued to pay the invoices submitted to us by 7 the City. Revising the Reimbursement Agreement to set a strict protocol will ensure that the City receives fair payment for services rendered while ensuring our Company that the fees are not in excess of the services rendered. Implementation and Processing The following are suggest ways that we feel the process could be streamlined: • When an application is submitted, do a complete review between the staff and ourselves to make sure the application is complete. • Establish who is the team leaders -- "the buck stops where?" • Review your staffing and time requirements. • Identify the timelines and discuss how the application impacts the development schedule. o Identify the need for any special timelines to stay on schedule. • Agree on the fee schedule to provide the services - no surprises. • Do a complete staff review of the applications in a timely manner and submit the review in letter form so our consultants can address and resubmit in a succinct format. • Hold regular meetings between our respective staffs. • Decentralize your process - not everything should run through the city attorney. • Consider hiring a City administrator to help streamline your processes. • Give support to the applications at ACHD or other agencies letting them know that the processing of the applications are important to the City -- convey the timeline. • Top down leadership, if the leaders express that the project is important and want it to be successful then, the staff members will take your lead and make it successful. It has been a long, arduous and costly process to get to this point. We have all endured countless hearings and delays for various reasons. Those days are behind us, we choose to look forward and hope that the City shares in this attitude. Spring Valley will be a great asset to the City, providing employment and economic development opportunities for many of your citizens and businesses. We need the City's support and cooperation to make this project a reality, instead of a planning exercise. 8 I would like to meet with you, Susan Buxton and JoAnn Butler to discuss this further, please let me know if you have time this Friday, I am holding my day open. Sincerely, William I. 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City of Eagle Billing Summary 27-Mav-14 5L''.la-_'rx KK Kasey Ketteding YB Vem Brewer CC Clad Carter N85 Nichoel Baird Spencer BV GIlI Vaughn SB Susan Buxton MJW Mike Willkams JR Jim Reynolds CB Chadic Baun BC Barb Cerda Person (AS) Group (Att) 575,904 Engineering Staff Habitat PADA Traffic EconomicMonthly. Billing Row labels_ Engineering Legal Dollars Staff SOW Butter Unpaid Legel Unpaid Unpaid 00' DevStds Study Amend' PUMP FDP Pre Pian ' CLOMR Water Sewer Study Update General Meeting CD .' !fours Intel 2012 $11,011 59,189 510,051 5130,854 21.0 123 2.3 59.3 3.3 12.5 0.3 7.0 0.3 95.2 213.5 10.Oct $4.966 $1,645 55,005 $26,346 21.0.._......_._ ........_._.._......... 39.0.,.._ ...............6.5 0.5 32.8 . 99.7 11 -Nov 53,678 54,048 52,152 540,626 8.3 1.5 20.3 3.5 0.3 0.5 27.3 61.7' 12 -Dec 52,367 53,495 52,895 563,882 4.0 0.8 3.3 2.5 6.5 35.2 52.1 2013 $43,528 570,356 560,602 5254,201 514,558 530,497 54,91.6 1783 392.9 60.5 172.8 752 7.5 6.5 24.8 9.8 2.0 3.8 33.8 166.0 51.5 0.3 1,185.4 01.Jan $7,633 52,019 51,468 516,648 56.2_...... _.. 25.3 7.3 0.5 7.5 15 19.3 2.0 1.0 27.5 0.3 148.2 02 -Feb 52,553 53,757 58,083 511,628 465 5.3 0.8 4.3 15 2.0 4.8 4.5 2.0 12.5 21.8 105.8 03 -Mar 54,415 $6,872 $4,352 518,877 42.1 3.5 12.0 2.0 0.8 3.8 5.5 5.8 5.0 78.3 04 -Ate 53,348 54,272 54,119 55,565 19.0 23.3 I0.0 13.7 4.8 5.8 86.4 05 -May 56,458 59,009 510,824 516,331 8.8 59.3 11.0 5.5 21.8 3.0 2.8 14.8 23.0 28.5 178.3 06 -Jun 56,631 57,538 54,187 523,867 5.8 56.5 05 2.5 2.5 1.0 68.8 07 -Jul $5,764 58,970 55,055 533,293 80.5 0.5 81.0 08 -Aug $4,544 59,269 55,289 545,353 84.5 84.5 09-5ep 51,582 55,256 54,216 520,318 40.0 19.5 8.3 67.8 10 -Oct 5600 513,354 55,803 516,235 52,443 1.0 78.8 12.8 92.3 11 -Nov 57,206 538,790 $8,712 517,027 45.0 7.0 51.0 12.3 115.3 12 -Dec 57,296 53,404 513,469 54.916 42.8 53 30.8 785 2014 574,081 59,178 517,488 $13,362 9.3 3.8 172.8 12.3 17.3 2153 01 -Jan 513,335 53,881 55,785 55,371 9.3 3.8 52.8 5.0 15.5 86.3 02 -Feb 522,066 $2,576 58,624 $2,735 42.8 1.8 44.5 03 -Mar 518,466 51,360 53,079 52,191 35.3 35.3 04 -Apr 520,214 51,360 50 53,066 42.0 73 49.3 Grand Total $54,539 579,545 570,653 5459,136 523,736 547,985 518,278 199.3 414.4 628 176.5 307.2 75 63 28 0 34.5 23 10.7 343 2785 53,503 1,6142 Unpaid 23,736 47,985 18,278 a b e Total $ 94,389 $ 118,638 $ 88,931 589,998 a.b.c Proof 51,017 P2130407 Total AO $ 301,958 5122 P2130903 Total Hours 1,614.15 591,138 Balance Due per billings Per Hour $ 187.07 $ 37,283 $ 77,529 5 11,739 $ 33,018 $ 57,471 $ 1,403 $ 1.216 $ 5,238 $ 6,454 5 421 5 2.002 $ 6,407 $ 52,097, 5 9,634 $ 47 $ 301,958 Total Staff 5 183,319 Total Fours 1,614.15 Per How 5113.57 $ 22.635 5 47,068 $ 7,127 5 20,045 $ 34,891 $ 852 5 738 $ 3,180 $ 3,918 $ 256 $ 1215 5 3,890 5 31,628 $ 5,849 $ 28 $ 183,319