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Agenda - 2007 - City Council - 07/10/2007 - Regular (2) THE CITY OF EAGLE CITY COUNCIL AMENDED AGENDA Eagle City Hall, 660 E. Civic Lane July 10, 2007 ACThe purpose of the agenda is to assist the Council and interested citizens in the conduct of the public meeting. Careful review of the agenda is encouraged. Testimony from the public will be Public Hearings. solicited for any item or issue listed under the category of Any individual who wishes to address the Council on any other subject not on the agenda should plan to speak when Item 4: Public Comments is identifiedby the Mayor. The Mayor will not normally allow audience participation at any other time. PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m. 1. Jim Birdsall will present information regarding the closing of the Mercy Housing grant project. 2. Gibbons, Scott & Dean LLP.: Jo Bolen will present the audit report for fiscal year 2005-2006. 3. Mayor and Council’s Report: 4. City Engineer Report: 5. City Clerk/Treasurer Report: 6. Zoning Administrator’s Report: 7. City Attorney Report: 8. Public Works Director: REGULAR COUNCIL AGENDA: 7:30 p.m. CALL TO ORDER: 1. ROLL CALL: 2. BASTIAN, GUERBER, NORDSTROM, BANDY. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENT: 4. CONSENT AGENDA 5. : ? Consent Agenda items are considered to be routine and are acted on with one motion. There will be no separate discussion on these items unless the Mayor, a Councilmember, member of City Staff, or a citizen requests an item to be removed from the Consent Agenda for discussion. Items removed from the Consent Agenda will be placed on the Regular Agenda in a sequence determined by the City Council. ? Any item on the Consent Agenda which contains written Conditions of Approval from the City of Eagle City Staff, Planning & Zoning Commission, or Design Review Board shall be adopted as part of the City Council’s Consent Agenda approval motion unless specifically stated otherwise. A. Claims Against the City. Findings of Fact and Conclusions of Law for CU-04-07 – Conditional Use Permit for B. Seven Mobile Offices (Portable Classrooms) for ArtsWest Fine Arts School – Ken and Mary Cenell: ArtsWest Fine Arts School, represented by Ken and Mary Cenell, is requesting conditional use approval to install six portable classrooms and one portable bathroom unit totaling 4,400 square feet. The 6.08-acre site is located on the south side of Flint Drive approximately 1,500-feet east of Park Lane at 3415 Flint Drive. (WEV) Findings of Fact and Conclusions of Law for A-01-07/RZ-01-07 & PP-01-07 - C. Annexation and Rezone from RUT to R-2-DA and Preliminary Plat for Dwayne Lingel Subdivision (aka Adonai Subdivision) – Dwayne Lingel: Dwayne Lingel is requesting annexation and rezone from RUT (Rural Urban Transition – Ada County designation) to R-2-DA (Residential, up to two units per acre with development agreement) and preliminary plat approval for Adonai Subdivision. The proposed 5.70 acre residential subdivision will consist of 12 lots (8 – buildable, 4 – common). The site Page 1 of 3 K:\COUNCIL\AGENDA\Temporary Agenda Work Area\CC-07-10-07ag2.doc is located on the east side of Park Lane Road approximately 1,200-feet south of Beacon Light Road at 2440 North Park Lane. (WEV) Findings of Fact and Conclusions of Law for A-05-07/RZ-06-07 & PP-08-07 - D. Annexation and Rezone from RUT to R-2-DA and Preliminary Plat for Lockey Subdivision – Lakeside Development Group, LLC: Lakeside Development Group, LLC, represented by Jake Merrill, is requesting approval of an annexation and rezone from RUT (Rural-Urban Transition-Ada County designation) to R-2-DA (Residential up to two units per acre maximum with a development agreement), and preliminary plat approval for Lockey Subdivision, a 36-lot (33 buildable, 3 common) residential development. The 20.47-acre site is located on the south side of W. Beacon Light Road approximately 650 feet east of Park Lane at 3633 W. Beacon Light Road. (WEV) Findings of Fact and Conclusions of Law for A-06-07/RZ-08-07 & PP-10-07 - E. Annexation and Rezone from RUT to R-2-DA and Preliminary Plat for Tabasco Trail Estates Subdivision - TNT Holding and Lynn Proctor: TNT Holding and Lynn Proctor, represented by Trent Simpson, Todd Wilson and Lynn Proctor are requesting annexation and rezone from RUT (Rural Urban Transition Ada County designation) to R- 2-DA (Residential up to 1.1 units per acre maximum with a development agreement), and preliminary plat approval for Tabasco Trail Estates Subdivision, a 14-lot (11-new residential, 2-existing, 1-common) development. The 11.80 acre site is located on the east side of Park Lane approximately ¼-mile south of Beacon Light Road at 3664 & 3665 Tabasco Trail Lane. (WEV) Findings of Fact and Conclusions of Law for RZ-05-02 MOD - Development F. Agreement Modification (Lakemoor Development) – DMB Investments, LLC and Eagle Lifestyle Center, LLC: The applicants are requesting modifications to the development agreement associated with the MU-DA (Mixed Use with development agreement) zoning of the property. The 178.5-acre, 240-lot (142-residential, 53- commercial, 45-common) development is located on the east side of S. Eagle Road approximately one-half mile north of Chinden Boulevard. Re-appointment to the Design Review Board: G. Mayor Merrill is requesting the re- appointment of Debbie Barnes to the Design Review Board. Mrs. Barnes will be serving three year term. (NM) Open Container Permit: H. Traci Kolski is requesting an open container permit for July 14, 2007 from 7:00 p.m. to 10:00 p.m. at Guerber Park. Alcohol may be consumed only within the shelter and no glass containers are allowed. (SKB) UNFINISHED BUSINESS: 6. Discussion of the Downtown Feasibility Study: A. The Zoning Administrator will present the results of the tree and parking inventory conducted by the City. This item was continued from the June 26, 2007 meeting. (WEV) Discussion of Downtown Feasibility Resolution: B. This item was continued from the June 26, 2007 meeting. (WEV) Velodrome Agreement: C. This item was continued from the June 26, 2007 meeting. (NM) Review and action on Preliminary Proposal for Communications and Public Relations D. Contract with Keith Allred: This item was continued from the June 26, 2007 meeting. (NM) PUBLIC HEARINGS: 7. VAC-03-07 - Vacation of portions of Lot 3, Block 2, within Eagle Ranch Subdivision 4A - A. City of Eagle : The City of Eagle is requesting a vacation of portions of Lot 3, Block 2 (pathway lot) within Eagle Ranch Subdivision 4A. Lot 3 is owned by the City of Eagle and is used for pedestrian and bicycle use and is therefore considered a public right-of-way. The purpose of the vacation request is to relinquish interest in portions of the pathway lot that are no longer needed for public use. Staff is requesting this item be continued to the July 24, 2007 meeting. Page 2 of 3 K:\COUNCIL\AGENDA\Temporary Agenda Work Area\CC-07-10-07ag2.doc CU-12-06 - Building expansion and height exception for Eagle United Methodist Church - B. Eagle United Methodist Church: Eagle United Methodist Church, represented by Bruce Poe with Modoc Architects, is requesting conditional use approval for a 23,500 square foot building expansion and building height exception of 49’-4” (steeple only) for the Eagle United Methodist Church. The 4.63-acre site is located on the west side of Eagle Road and ½-mile north of State Street at 651 North Eagle Road. This item was continued from the June 26, 2007 meeting. (WEV) DR-10-07 - Eagle United Methodist Church Building Expansion – Eagle United B1. Methodist Church: Eagle United Methodist Church, represented by Bruce Poe with Modoc Architects, is requesting design review approval for a 23,500-square foot building expansion. The applicant is also requesting approval of a 49’-4” steeple to be relocated to the proposed building addition. The 4.63-acre site is located on the west side of Eagle Road and ½-mile north of State Street at 651 North Eagle Road. This item was continued from the June 26, 2007 meeting. (WEV) CU-07-07 – Conditional Use Permit for Eagle Emergency Service Facility for the Eagle Fire C. Department – Eagle Fire Protection District: Eagle Fire Protection District, represented by Aaron Randell with JGT Architecture, is requesting conditional use approval to construct a 5,730- square foot emergency service facility. The 0.631-acre site is located on the southeast corner of North Linder Road and West Clearfield Drive within Copperfield Subdivision at 1225 North Cactus Creek Avenue (Lots 1 and 2, Block 2, Copperfield Subdivision). (WEV) PP-02-06 – Preliminary Plat for Brutsman Subdivision - Donna Weston: D. Donna Weston, represented by Craig McCullough with Doumecq Development, is requesting preliminary plat approval for Brutsman Subdivision. The 4.86-acre, 17 lot (13 residential, 4 common) subdivision is located approximately 1,200-feet south of Floating Feather Road and on the west side of Horseshoe Bend Road at 10895 Horseshoe Bend Road. (WEV) RESOLUTIONS: 8. Resolution No. 07-20: A. A resolution of the City of Eagle, Idaho, to vacate the access and utility easement situated on Lots 2, 3 and 4, Block 4 within Merrill Subdivision No. 2. (WEV) Resolution 07-09: B. A resolution of the Eagle City Council to move the access and utility easement situated on Lot 1, Block 3 (well lot) within Lexington Hills Subdivision No.1 as shown on the attachments hereto and accepting a new access easement situated on Lot 1, Block 3 within Lexington Hills Subdivision No.1 as shown on the attachments hereto, and providing an effective date. (DM) NEW BUSINESS: 9. Ordinance No. 572: A. An ordinance annexing certain real property situated in the unincorporated area of Ada County, Idaho, and contiguous to the corporate limits of the City of Eagle, to City of Eagle, Idaho; directing that copies of this ordinance be filed as provided by law; and providing an effective date. (WEV) Discussion of Public Information Officer: B. (NM) Asset purchase agreement with Eagle Water Company: C. EXECUTIVE SESSION: 10. A. Acquisition of Private Property: I.C. §67-23-45 (c) B. Pending Litigation: I.C. 67-2345 (f) ADJOURNMENT: 11. NOTE: The City will make reasonable accommodations for anyone attending this meeting who require special assistance for hearing, physical or other impairments. Please contact the City Clerk’s Office at (208) 939-6813 at least 24 hours in advance of the meeting date and time. Page 3 of 3 K:\COUNCIL\AGENDA\Temporary Agenda Work Area\CC-07-10-07ag2.doc