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Agenda - 2005 - City Council - 10/11/2005 - Regular (2)THE CITY OF EAGLE CITY COUNCIL AGENDA October 11, 20005 7:30 P.M. No agenda item will be opened for discussion or action after 10:00 p.m., unless Council approves a meeting time extension via a motion prior to 10:00 p.m. and subsequent meeting time extensions prior to their expiration. PRE -COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m. 1. Mayor and Council's Report: 2. City Engineer Report: 3. City Clerk/Treasurer Report: 4. Zoning Administrator's Report: 5. City Attorney Report: REGULAR COUNCIL AGENDA: 7:30 p.m. 1. CALL TO ORDER: 2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENT: 5. CONSENT AGENDA: • Consent Agenda items are considered to be routine and are acted on with one motion. There will be no separate discussion on these items unless the Mayor, a Councilmember, member of City Staff, or a citizen requests an item to be removed from the Consent Agenda for discussion. Items removed from the Consent Agenda will be placed on the Regular Agenda in a sequence determined by the City Council. • Any item on the Consent Agenda which contains written Conditions of Approval from the City of Eagle City Staff, Planning & Zoning Commission, or Design Review Board shall be adopted as part of the City Council's Consent Agenda approval motion unless specifically stated otherwise. A. Claims Against the City. B. Minutes of September 27, 2005 special meeting. C. Minutes of September 27, 2005 regular meeting. D. Open Container Permit Application: Eagle Chamber of Commerce is requesting an open container permit to be used on October 27, 2005 from 6:00 p.m. — 10:00 p.m. to be consumed at 1445 E. State St. (Musick Auctioneers) for the Annual Eagle Chamber of Commerce Auction. The applicant has provided the appropriate fees and documentation. (SKM) E. DR -57-04 MOD — Master Sign Plan for a Multi -tenant Medical/Dental Office Building Including Building Wall Signs for Eagle River Dentistry, Eagle River Homes. and Hart Designs — Dave Evans Construction: Dave Evans Construction, represented by Roger Llewellyn with Golden West Advertising Inc., is requesting design review approval to modify the master sign plan for a multi -tenant medical/dental office building. This modification includes the approval of building wall signs for Eagle River Dentistry, Eagle River Homes, and Hart Designs. The site is located on the southwest corner of East Shore Drive and Bridgeway Place at 325 East Shore Drive within Eagle River Development (Lot 10, Block 4, Mixed Use Subdivision No. 3). F. DR -69-05 — Common Area Landscaping and Clubhouse within Lakemoor Subdivision — BW Eagle, LLC: BW Eagle, LLC, represented by Dave Koga with The Land Group, is requesting design review approval of the common area landscaping and clubhouse within Lakemoor Subdivision. The site is located on the east side of Eagle Road approximately 1/4 -mile north of Chinden Boulevard. Page 1 of 4 K \COUNCIL\.AGENOA\Temporary Agenda Work Area\CC-10-11-05ag doc THE CITY OF EAGLE CITY COUNCIL AGENDA October 11, 20005 7:30 P.M. G. DR -71-05 — Two Monument Signs for Castlebury West Subdivision — Capital Development Inc.: Capital Development Inc., represented by David Koga with The Land Group, is requesting design review approval to construct two monument signs at the entry to Castlebury West Subdivision on North Meridian Road. The site is located at the northeast corner of North Meridian Road and Chinden Boulevard. H. DR -72-05 — Common Area Landscaping within Castlebury West Subdivision — Capitol Development: Capitol Development, represented by Dave Koga, ASLA, with The Land Group, is requesting design review approval of the common area landscaping within Castlebury Subdivision. The site is located on the northeast corner of Chinden Boulevard and North Meridian Road. 1. DR -77-05 — Common Area Landscaping, Pool House, and Gazebos within Corrente Bello Subdivision — Carmen, LLC, and Gemstar Development, LLC: Carmen, LLC, and Gemstar Development, LLC, represented by Gina Fegler, with The Land Group, are requesting design review approval of the common area landscaping, pool house, and two (2) gazebos within Corrente Bello Planned Subdivision. The site is located on the north side of Floating Feather Road approximately 1,300 -feet east of Ballantyne Road at 1400 West Floating Feather Road. J. Findings of Fact and Conclusions of Law for CU -8-05 - Childcare Facility - Jennifer Vandersnick: Jennifer Vandersnick, represented by Chris Pearson, is requesting conditional use approval to construct a 3,500 -square foot childcare facility. The 0.18 - acre site is located on the south side of East Iron Eagle Drive, approximately 660 -feet east of East Plaza Drive within Rocky Mountain Business Park (Lot 3, Block 1, Merrill Subdivision No. 5). (WEV) K. Findings of Fact and Conclusions of Law for CU -10-05 - Church Facility Expansion - Eagle Church of the Nazarene: Eagle Church of the Nazarene, represented by Jim Main with Design West Architects, is requesting a conditional use permit to construct a 9,934 -square foot building expansion. The 21.38 -acre site is located on the south side of West State Street approximately 3,200 -feet west of Eagle Road at 1001 West State Street. (WEV) L. Findings of Fact and Conclusions of Law for V-1-05 - Variance From the Fifty Foot Floodwav Setback from Dry Creek - Eagle Church of the Nazarene: Eagle Church of the Nazarene, represented by Jim Main with Design West Architects, is requesting variance approval to construct a building expansion within the fifty foot (50') floodway setback from Dry Creek. The 21.38 -acre site is located on the south side of West State Street approximately 3,200 -feet west of Eagle Road at 1001 West State Street. (WEV) M. Findings of Fact and Conclusions of Law for CU-07-05/PPUD-03-05/PP-09-05 - Bellemeade Planned Unit Development — Tom Ricks and John Wood: Tom Ricks and John Wood, represented by Becky McKay with Engineering Solutions, LLP are requesting preliminary development plan, conditional use, and preliminary plat approvals for Bellemeade Planned Unit Development, a 62 -lot (48 -buildable, 14 - common) planned residential development. The 1 5.75—acre site is located at 312 North Park Lane, 3850 West Flint Drive and 3855 West Flint Drive. (WEV) N. Findings of Fact and Conclusions of Law for CU -11-05 - Height Exception for Rivendell Music Academy - Ken & Mary Cenell: Slichter Architects is requesting conditional use approval for a height exception to allow a 42'-11" peak of roof and 45'- 5" to top of spires, building for Rivendell Music Academy. The height exception (the portion of the building above 35 -feet) is for the purpose of accommodating the design and pitch of the roof with spires. The 3.75 -acre site is located approximately 600 -feet north of State Highway 44 at 3415 West Flint Drive. (WEV) Page 2 of 4 K 1COUNCILWGENDA1Temporary Agenda Work Area1CC-10-11-05ag doc THE CITY OF EAGLE CITY COUNCIL AGENDA October 11, 20005 7:30 P.M. 6. PROCLAMATIONS & RESOLUTIONS: None 7. FINAL PLATS: None 8. UNFINISHED BUSINESS: A. Appointment to Design Review Board: The Mayor is requesting that this item be tabled until further interviews have been conducted. This item was continued from the September 27, 2005 meeting. (NM) B. Discussion of Proposed Ordinance No. 528: An Ordinance Of The City Of Eagle, Ada County, Idaho, Amending Eagle City Code Title 4 To Add A New Chapter Establishing Limits On The Sale Of Methamphetamine Precursor Drugs; Providing A Penalty; Providing A Savings Clause; And Providing For An Effective Date. (SB & NM) This item was continued from the September 27, 2005 meeting. C. Review and action on proposed professional rate adjustment for Holladay Engineering Company. This item was continued from the September 27, 2005 meeting. (SKB) 9. PUBLIC HEARINGS: A. A-10-04 & RZ-16-04 - Annexation and Rezone From RUT to BP — Red Cliff Development: Red Cliff Development, represented by Bob Unger, is requesting an annexation and rezone from RUT (Rural Urban Transition) to BP (Business Park) for Optimist Park Subdivision No. 2. The 9.8 -acre site is located approximately 700 -feet south of Hill Road on the west side of Horseshoe Bend Road at 8811 North Horseshoe Bend Road. (WEV) This item was continued from the September 27, 2005 meeting. B. PP -8-04 - Optimist Park No. 2 Subdivision - Red Cliff Development: Red Cliff Development, represented by Bob Unger, is requesting preliminary plat approval for Optimist Park Subdivision No. 2. The 9.8 -acre, 7 -lot commercial subdivision is located approximately 700 -feet south of Hill Road on the west side of Horseshoe Bend Road at 8811 North Horseshoe Bend Road. (WEV) C. A-10-05 & RZ-14-05 - Annexation and Rezone From RUT to PS — City of Eagle: The City of Eagle, represented by William E. Vaughan, is requesting an annexation and rezone from RUT (Rural Urban Transition) to PS (Public Semi -Public) for the Eagle/Ada Sport Complex. The +/- 80 -acre site is generally located on the northeast corner of the Floating Feather Road and Horseshoe Bend Road intersection at 3151 Goose Creek Road. (WEV) D. ZOA-5-05 — Zoning Ordinance Amendment (Proposed Ordinance No. 5301— City of Eagle: Ordinance Of The City Of Eagle, Ada County Idaho Amending Eagle City Code Title 6 "Public Wayand Property" Chapter 5 "Water System", Section 23 "Donation Of Water System To The City", And Title 8 "Zoning", Chapter 7 "Zoning Administration and Enforcement", Section 5 "Amendments" And Title 9 "Land Subdivisions" Chapter 2 "Subdivision Plats And Procedures", And Adding Chapter 3 "Water System " Section 9 "Water System", Providing Clarification And Linkages Between The Zoning And Subdivision Chapters To The Eagle Municipal Water System Provisions , Establishing When And How The Provision Of Water Supply Is Required As A Condition Of Annexation And/Or Approval Of New Development Within The City Of Eagle., Providing A Severability Clause; And Providing An Effective Date. (WEV) E. Proposed Ordinance No. 526 — Amending the contract between BFI and the City of Eagle — City of Eagle: An Ordinance In Accordance With Idaho Code 50-329, 50-329a, And 50-344 Granting A Franchise To Allied Waste Services Of North America, LLC, A Corporation, And To Its Successors And Assigns, To Operate Within The Corporate Limits Page 3 of 4 K 1COUNCILIAGENOA1Temparary Agenda Work Area1CC-10.11.05ag doc THE CITY OF EAGLE CITY COUNCIL AGENDA October 11, 20005 7:30 P.M. Of The City Of Eagle, Idaho, Garbage Collection Systems And Facilities For Supplying Garbage Collection Service To The City, The Inhabitants Thereof, And Others For A Term Of Seven Years In Accordance With The Waste Collection Services Contract Between The City Of Eagle, Idaho, And BFI Waste Systems, Inc., Dated December 15, 1998, The Addendum To The Solid Waste Contract Dated December 12, 2003, The Second Addendum To Waste Collection Services Contract Approved By The City Of Eagle On August 9, 2005, And The Consent To Assignment To Allied Waste Services Of North America, LLC Approved By The City Of Eagle On August 9, 2005, And Providing An Effective Date. (SKB) 10. NEW BUSINESS: A. Design and Construction of Eagle Well No. 3 (aka Brookwood Well): (SEB) B. Review of bids for vehicle purchase: (MM) C. AA -2-05 —Areal of Building Officials Decision: Mr. Ridgeway has proposed an addition to an existing single family dwelling located at 1735 W. Rush Road in the Academy Subdivision. The building was constructed under Ada County jurisdiction having a front yard setback of twenty-nine feet (29'). Under the City of Eagle's current zoning designation of Rural Estate (R -E) the front yard setback requirement is fifty feet (50'). The building permit application was denied based on administrative interpretation file number AI -1-03 which reads. (MM) D. Consideration of Cooperative Agreement between Valley Regional Transit & the City of Eagle for annual dues and service contribution FY 2005/2006. E. Ordinance No. 531: (Sports Complex annexation) An Ordinance Annexing Certain Real Property Situated In The Unincorporated Area Of Ada County, Idaho, And Contiguous To The Corporate Limits Of The City Of Eagle, To The City Of Eagle, Idaho; Establishing The Zoning Classification Of Said Real Property Described Herein; Amending The Zoning Map Of The City Of Eagle To Reflect Said Changes; Directing That Copies Of This Ordinance Be Filed As Provided By Law; And Providing An Effective Date. (WEV) 11. EXECUTIVE SESSION: A. Acquisition of Private Property — I.C. § 67-2345 (c) 12. ADJOURNMENT: Page 4 of 4 K ICOUNCILIAGENDA1Temporary Agenda Work Area \CC-10-11-05ag doc