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Agenda - 2012 - City Council - 06/26/2012 - Regular THE CITY OF EAGLE CITY COUNCIL AGENDA Eagle City Hall, 660 E. Civic Lane June 26, 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 Sheriff’s Office Monthly Report: Chief Borgquist (est. 10 min.) 2. Historic Preservation Commission Report: Frank Thomason, Chairman (est. 10 min.) 3. Parks and Recreation Amenities - positive community impacts and economic value: Nancy Merrill, Director . Idaho State Parks and Recreation (est.40 min.) INVOCATION: REGULAR COUNCIL AGENDA: CALL TO ORDER: 1. ROLL CALL: 2. SEMANKO, GRASSER, DEFAYETTE, BUTLER. PLEDGE OF ALLEGIANCE: 3. PUBLIC COMMENT: 4. A. Eagle Pavilion Concert Series: [est, 10 min.] B. Other [est, 10 min.] 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. Claims Against the City. A. Minutes of May 22, 2012. B. Re-Appointment of Robert Grubb to the Design Review Board: C. Mayor Reynolds is requesting Council confirmation of the re-appointment of Robert Grubb to the Design Review Board. Mr. Grubb will be serving a three (3) year term. (JDR) Acceptance of Artist Proposal for Smoky Mountain Pizzeria Mural: D. The Eagle Arts Commission is requesting Council confirmation of their selection of Brenda Kaye as the artist who will install the mural of the new Smoky Mountain Pizzeria Grill building. (LB) DR-21-12 - Building Addition to the Wild West Restaurant - Naomi Preston: E. Naomi Preston, represented by Brett Labrie with BGL Architecture, is requesting design review approval to construct a 110-square foot building addition to the Wild West restaurant for an outdoor cooking area. The 0.12-acre site is located on the south side of East State Page 1 of 3 cc-06-26-12ag CITY COUNCIL AGENDA June 26, 2012 6:30 P.M. Street approximately 150-feet east of Eagle Road at 83 East State Street. (WEV) This item was continued from the June 12, 2012 meeting Findings of Fact and Conclusions of Law for A-01-12 & RZ-01-12 – Annexation and F. Rezone From RUT (Rural – Urban Transition – Ada County designation) to A-R- DA (Agricultural-Residential with a Development Agreement) - Summer Lawns: Summer Lawns, represented by Shawn Nickel with SLN Planning, is requesting approval of an annexation and rezone from RUT (Rural-Urban Transition – Ada County designation) to A-R-DA (Agricultural-Residential up to one (1) unit per five (5) acres with a development agreement). The five (5) acre site is located on the west side of North Horseshoe Bend Road approximately 475-feet south of the intersection of North Horseshoe Bend Road and East Floating Feather Road at 11075 North Horseshoe Bend Road. (WEV) Minutes of June 12, 2012. G. PROCLAMATIONS & RESOLUTIONS: NONE 6. UNFINISHED BUSINESS 7. : Update on FEMA Grant from Rob Flaner and Tom Padilla A. [est. 30 min.] PUBLIC HEARINGS: 8. RZ-13-05 MOD 3 – Development Agreement Modification – Cloud Berry, LLC: A. Cloud Berry, LLC, represented by Justin Martin, is requesting a modification to the development agreement (Instrument #106161990) associated with the R-2-DA-P (Residential-up to two units per acre with a development agreement - Planned Unit Development) zoning classification for the Legacy Development. The 623.9-acre site is generally located approximately 1,850-feet north of State Highway 44 between Linder Road and State Highway 16. This item was continued from the June 12, 2012 meeting. (WEV) [est. 1 hour] Ordinance 671: B. An Ordinance Of The City Of Eagle, Ada County Idaho Amending Eagle City Code Title 8 “Zoning”, Chapter 4 “Off Street Parking And Loading”, Section 5, “Parking Requirements”; Providing A Severability Clause; And Providing An Effective Date. (WEV) [est. 20 min.] NEW BUSINESS: 9. WA-01-12 - Waiver of Application Fees – Summer Lawns: A.Summer Lawns, represented by Shawn Nickel with SLN Planning, is requesting a waiver of the application fees associated with the annexation/rezone application #A-01-12/RZ-01-12, in the amount of $2,250.00. (WEV) [est. 10 min.] EXT-04-12 – Preliminary Plat Extension of Time for Countryland Subdivision – Trilogy B. Development: Trilogy Development represented by Scott Noriyuki, is requesting a one (1) year extension of time for the preliminary plat approval for Countryland Subdivision, a 17-lots (12- buildable and 5-common) residential subdivision. The 6.6-acre site is generally located ¼-mile west of Ballantyne Road and ¼-mile north of State Highway 44 at 2556 W. State Street. (WEV) [est. 15 min.] Approve Eagle Foothills Water Service Boundary Map. C. (MJE) [est. 10 min] REPORTS: 10. A. Mayor and Council Reports and Concerns: B. City Clerk/Treasurer Report: C. Zoning Administrator’s Report: D. Public Works Director Report: E. City Attorney Report: Page 2 of 3 cc-06-26-12ag CITY COUNCIL AGENDA June 26, 2012 6:30 P.M. EXECUTIVE SESSION: 11. I.C. §67-2345 (c) Acquisition of Private Property 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: c) To conduct deliberations concerning labor negotiations or to acquire an interest in real property which is not owned by a public agency; 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-06-26-12ag