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Agenda - 2012 - City Council - 05/22/2012 - Regular THE CITY OF EAGLE CITY COUNCIL AGENDA Eagle City Hall, 660 E. Civic Lane May 22 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. Ada County Assessor: Robert McQuade (20 min.) 2. Mayor and Council Reports and Concerns: 3. City Clerk/Treasurer Report: 4. Zoning Administrator’s Report: 5. Public Works Director Report: Report on monetary commitments for park development. 6. 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. 10 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. Appointments to the Historic Preservation Commission Re-Appointment: B. Mayor Reynolds is requesting the re-appointment of Karianne Fallow to the Commission. Ms. Fallow will be serving a three (3) year term. (JDR) Appointment to the Eagle Arts Commission: C. Mayor Reynolds is requesting Council confirmation of the appointment of Linda Crouch to the Commission. Ms. Crouch will be serving a three (3) year term. (JDR) Minutes of May 8, 2012. D. Noise Waiver Request: E. Mickey Ray’s BBQ is requesting a noise waiver as allowed by Eagle City Code 4-9-6(D) to accommodate their Eagle Fun Days Celebration that will be taking place in the parking lot, located at 395 W. State St. Mickey Ray’s is requesting that the waiver be extended to 11:00 p.m. on June 9, 2012. (TEO) Noise Waiver Request: F. McCarrell Enterprises dba: The Gathering Place is is requesting a noise waiver as allowed by Eagle City Code 4-9-6(D) to accommodate their Eagle Fun Days Beer Garden that will be taking place in the parking lot, located at 50 E. State St. Page 1 of 3 cc-05-22-12ag CITY COUNCIL AGENDA May 22, 2012 6:30 P.M. Mr. McCarrel is requesting the waiver be extended to 2:00 a.m. on June 8 & 9, 2012. (TEO) Appeal of DR-30-12 - Roof change to the existing Seven Oaks Elementary School G. building – Meridian Joint School District No. 2: Meridian Joint School District No. 2, represented by Don Hutchison with Hutchison Smith Architects, is requesting design review approval to change the roof material from an asphalt shingle to a single ply roofing membrane. The site is located on the west side of North Seven Oaks Way approximately 480-feet north of Floating Feather Road at 1441 North Seven Oaks Way within Lexington Hills Subdivision. Note: Council member Butler has appealed this item for final review by the City Council. (WEV) PROCLAMATIONS & RESOLUTIONS: 6. Resolution 12-16: A. Adopting Historic Preservation Commission Bylaws: (LB) [est. 10 min.] Resolution 12-17: B. Resolution Of The City Of Eagle, Ada County Idaho Supplementing The Eagle Architecture And Sign Design Book With Additional Photos For Portable Signs; Providing A Severability Clause; And Providing An Effective Date.(WEV) [est. 15 min.] UNFINISHED BUSINESS 7. : Review of Greenbelt Access letter: A. (NS) This item was continued from the May 8, 2012 meeting. [est. 10 min.] Building Permit Agreement for 2139 E. State Street – Manufactured Home Park – Randall B. Hoffer: Randall Hoffer is requesting City Council Consideration of an Agreement between the City and Randall Hoffer regarding the issuance of building permits for the Mobile Home/Manufactured Home Park located at 2139 E. State Street. The 1.47-acre site is located on the northwest corner of Parkinson Street and McGrath Road. (WEV) This item was continued from the May 8, 2012 meeting. [est. 30 min.] PUBLIC HEARINGS: NONE 8. BUDGET DISCUSSION: 9. Presentations by: A. Valley Regional Transit: Mark Carnopis, Community Relations Manager. Annual update and FY 2012-2013 budget request. (est. 20 min.) B. Eagle Museum: Laurie Baker, Curator (est. 15 min.) C. Eagle Historic Preservation Commission: Frank Thomason, Chairman (est. 20 min.) NEW BUSINESS: 10. Communities in Motion 2040 Presentation/Discussion: A. (NBS) (est. 1 hour) Wildfire Mitigation Project Grant (Ada-Eagle Sports Complex): B. (MJE) (est. 15 min.) Ordinance 670: C. An Ordinance of the City of Eagle, Ada County, Idaho, amending Title 3, Chapter 2A, Section 1, Title 3, Chapter 2A, Section 5(B), Title 3, Chapter 2B, Section 5(B), and Title 3, Chapter 2a, Section 6(A) Clarifying That A Retail Sale Of Beer And Wine For Consumption On The Premises Includes Off-Premises Consumption Pursuant To A Catering Permit; Providing A Severability Clause; And Providing An Effective Date. (est. 10 min.) EXECUTIVE SESSION: 11. I.C. §67-2345 (c) & (f)Acquisition of Private Property and Pending or threatened A. – litigation. 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 Page 2 of 3 cc-05-22-12ag CITY COUNCIL AGENDA May 22, 2012 6:30 P.M. 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: c) To conduct deliberations concerning labor negotiations or to acquire an interest in real property which is not owned by a public agency; (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-05-22-12ag