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Agenda - 2012 - City Council - 04/24/2012 - Regular THE CITY OF EAGLE CITY COUNCIL AGENDA Eagle City Hall, 660 E. Civic Lane April 24, 2012 6:30 P.M. In an effort to improve efficiency for the convenience of the public attending City Council meetings, an estimated duration time for each agenda item has been listed. If an agenda item is not completed within the allotted time the Mayor may proceed with the next agenda item and place the incomplete item at the end of the meeting prior to adjournment, excluding public hearing items. Public hearing items shall not begin prior to 6:30 p.m. Some agenda items may be completed sooner than the time estimate and thus others may begin earlier. Except for assigned public hearing times, the City Council may vote to extend the time or move the order of an agenda item(s) as allowed by the Idaho Open Meeting Act, Idaho Code § 67-2343. PRE-COUNCIL AGENDA: [5:30 p.m. - 6:30] 1. Historic Preservation Commission Report: [10 min.] 2. Ada County Sheriff’s Office Monthly Report: [15 min.] 3. Mayor and Council Reports and Concerns: 4. City Clerk/Treasurer Report: 5. Zoning Administrator’s Report: 6. Public Works Director Report: 7. City Attorney Report: INVOCATION: REGULAR COUNCIL AGENDA: CALL TO ORDER: 1. ROLL CALL: 2. SEMANKO, GRASSER, DEFAYETTE, BUTLER. PLEDGE OF ALLEGIANCE: 3. PUBLIC COMMENT: 4. [est. 15 min.] CONSENT AGENDA 5. :[est. 20 min.]  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. Claims Against the City. A. Findings of Fact and Conclusions of Law for PP/FP-01-12 - Combined Preliminary B. and Final Plat for Deltoid Subdivision No. 2 - Dave Evans Construction : Dave Evans Construction, represented by Tim Mokwa with Parametrix, is requesting combined preliminary plat and final plat approvals for Deltoid Subdivision No. 2 (a re-subdivision of Lot 8, Block 1 of Castlebury Business Park No. 2). The 0.62-acre subdivision will consist of two (2) commercial lots. The site is generally located south of West Bavaria Street approximately 620-feet west of the intersection of West Bavaria Street and North Meridian Road at 3405 West Bavaria Street. (WEV) DR-02-12 Exterior Remodel to McDonalds Restaurant with Drive Thru McDonalds C. USA, LLC: McDonalds USA, LLC, represented by Randy Gayler with Baumgart Construction, Inc., is requesting design review approval to remodel the exterior building elevations of the McDonalds restaurant with drive thru. The 0.95-acre site is located on the northeast corner of South Eagle Road and East Plaza Drive at 178 South Eagle Road. (WEV) Page 1 of 3 cc-04-24-12ag CITY COUNCIL AGENDA April 24, 2012 6:30 P.M. DR-08-12 - Restaurant with Drive Thru for McDonald’s - McDonalds USA, LLC.: D. McDonald’s USA, LLC, represented by Stillman Norton with Keller Associates, Inc., is requesting design review approval to construct a 3,590-square foot restaurant with drive thru. The 1.02-acer site is located within the Eagle Island Marketplace at the northeast corner of Chinden Boulevard and Linder Road. (WEV) Minutes of April 4, 2012. E. Minutes of April 10, 2012. F. PROCLAMATIONS & RESOLUTIONS: NONE 6. UNFINISHED BUSINESS 7. : [20 min.] Discussion about greenbelt access. A. (NS) This item was continued from the April 10, 2012 meeting. PUBLIC HEARINGS: 8. [est. 30 min.] A-02-11/RZ-03-1-Annexation and Rezone From RUT (Rural – Urban Transition – Ada A. County designation) to BP-DA (Business Park with a Development Agreement) and R-1-DA (Residential up to one (1) unit per acre with a development agreement) - Kenneth and Lynn Patten: Kenneth and Lynn Patten, represented by Becky McKay with Engineering Solutions, LLP, are requesting approval of an annexation and rezone from RUT (Rural-Urban Transition-Ada County Designation) to BP-DA (Business Park with a development agreement) and R-1-DA (Residential up to one (1) unit per acre with a development agreement). The 10-acre site is located on the west side of North Horseshoe Bend Road approximately 700-feet south of the intersection of North Horseshoe Bend Road and East Hill Road at 8811 North Horseshoe Bend Road. (WEV) - PD-03-11 Parcel Division - Kenneth and Lynn Patten: A.1. Kenneth and Lynn Patten, represented by Becky McKay with Engineering Solutions, LLP, are requesting approval of a parcel division for the creation of two (2) parcels. The 10-acre site is located on the west side of North Horseshoe Bend Road approximately 700-feet south of the intersection of North Horseshoe Bend Road and East Hill Road at 8811 North Horseshoe Bend Road. (WEV) NEW BUSINESS: 9. Discussion of recognitions for years of committee service and current committee vacancies. A. (MD) [est. 15 min.] BUDGET DISCUSSION: 10. [est. 1 hour] a) BLM Update and financial commitments b) YMCA-Blue Ribbon Task Force – Eagle Sports Complex c) Legacy Park Property d) Lakemoor – Beagle Park e) West Valley Ball Parks – Eagle Sports Complex f) Fire Department Grant for Eagle Sports Complex g) New Ada County Lease – Eagle Sports Complex – BAMBA h) Hill Road Extension nd i) 2 Phase for facilities maintenance Page 2 of 3 cc-04-24-12ag CITY COUNCIL AGENDA April 24, 2012 6:30 P.M. EXECUTIVE SESSION: 11. Pending or Threatened litigation: I.C. §67-2345(f)M3 Water Rights Litigation A. – Idaho Code § 67-2345. Executive sessions -- 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: (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. ADJOURNMENT: 12. NOTES:  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.  The 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 solicited for any item or issue listed under the Public Hearings. category of Any individual who wishes to address the Council on any other subject not on the agenda Item 4: Public Comments should plan to speak when is identifiedby the Mayor. The Mayor will not normally allow audience participation at any other time. Page 3 of 3 cc-04-24-12ag