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Agenda - 2012 - City Council - 07/10/2012 - Regular THE CITY OF EAGLE CITY COUNCIL AGENDA Eagle City Hall, 660 E. Civic Lane July 10, 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. Library Director’s Report: Steve Bumgarner 2. Mayor and Council Reports and Concerns:Discussion regarding Council policy for items placed on Council agendas and need for supporting documentation, if applicable, to be provided to the Mayor and Council prior to the meeting along with other materials being provided. 3. City Clerk/Treasurer Report: 4. Zoning Administrator’s Report: 5. Public Works Director Report: 6. City Attorney Report: INVOCATION: REGULAR COUNCIL AGENDA: [est. 6:30] CALL TO ORDER: 1. ROLL CALL: 2. SEMANKO, GRASSER, DEFAYETTE, BUTLER. PLEDGE OF ALLEGIANCE: 3. PUBLIC COMMENT: 4. [est. 10 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. Fee Waiver Request: B. Eagle Volunteer Fire Fighters Association is requesting fee waivers for the Park Shelter Reservation fees ($75.00) and the Open Container Permit ($20.00) associated with the Rocky Mountain Oyster Feed to be held at Merrill Park on July 14, 2012. (SKB) Re-appointment to the Historic Preservation Commission: C. Mayor Reynolds is requesting Council confirmation of the re-appointment of Diane Scott to the Commission. Ms. Scott will be serving a three (3) year term. (JDR) Noise Waiver Request: D. Mickey Sheilds with Mickey Ray’s BBQ is requesting a noise , waiver on July 282012, until 11:00 p.m. for their Crawfish Boil Celebration. The Celebration will be held in the restaurant parking lot at 395 W. State St. (SKB) Findings of Fact and Conclusions of Law forRZ-13-05 MOD 3 – Development E. Agreement Modification – Cloud Berry, LLC: 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 Page 1 of 2 cc-07-10-12ag CITY COUNCIL AGENDA July 10, 2012 6:30 P.M. 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. (WEV) WA-02-12 – Waiver of Application Fees – Naomi Preston: F. Naomi Preston with Wild West Bakery and Espresso is requesting a waiver of the application fees associated with the design review application #DR-21-12, in the amount of $400.00. (WEV) PROCLAMATIONS & RESOLUTIONS: NONE 6. UNFINISHED BUSINESSNONE 7. : PUBLIC HEARINGS: 8. CU-01-12 – Bank/Financial Institutions (with drive-up service) – Idaho Central Credit A. Union: .Idaho Central Credit Union, represented by LCA Architects, P.A., is requesting conditional use permit approval for a bank with drive up service. The 30,448-square foot site is generally located at the northwest corner of East State Street and North Palmetto Avenue (Lot 1, Block 1, Aquila Village Subdivision) at 768 East State Street. (WEV) [est. 20 min.] DR-33-12 – Bank Facility with Drive-up Service – Idaho Central Credit Union: A.1. Idaho Central Credit Union, represented by Alexis Townsend with LCA Architects, is requesting design review approval to construct a 3,400-square foot bank facility with drive-up service for Idaho Central Credit Union. The 0.69-acre site is located on the northwest corner of East State Street and North Palmetto Avenue at 768 East State Street within Aquila Village Subdivision. (WEV) [est. 20 min.] NEW BUSINESS: 9. Ada County Prosecutor – Susan Mimura: A. Budget update and presentation of FY 2012-2013 budget proposal. (SKB) [est. 20 min.] Discussion of City or ACHD funding the cost of replacing the "parking stops" for the B. angled parking spaces along the east side of First Street between State Street and Idaho Street. (MLB) [est. 15 min.] Discussion of the Public Utilities Regulatory Policies Act (PURPA) regarding alternative C. energy systems and possible drafting of letter conveying the City’s position on the matter: (JDR) [est. 15 min.] FY 2012-2013BUDGET DISCUSSION: 10. General Budget Discussion: A. (SKB) [est.1 hour.] EXECUTIVE SESSION: I.C. §67-2345 (c)Acquisition of Private Property. 11. –(MLB) 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 Item 4: Public Comments agenda should plan to speak when is identifiedby the Mayor. The Mayor will not normally allow audience participation at any other time. Page 2 of 2 cc-07-10-12ag