Agenda - 2013 - City Council - 08/27/2013 - Regular
THE CITY OF EAGLE
CITY COUNCIL AGENDA
Eagle City Hall, 660 E. Civic Lane
August 27, 2013 6:30 P.M.
PRE-COUNCIL AGENDA:
[5:30 p.m. - 6:30]
1. Ada County Sheriff’s Office Monthly Report
2. Mayor and Council Reports:
3. City Hall Department Supervisor Reports:
4. City Attorney Report:
INVOCATION:
REGULAR COUNCIL AGENDA:
CALL TO ORDER:
1.
ROLL CALL:
2. GRASSER, DEFAYETTE, BUTLER, PIERCE.
PLEDGE OF ALLEGIANCE:
3.
PUBLIC COMMENT:
4.
This time is reserved for the public to address their elected officials regarding concerns or comments
not
they would like to provide to the City Council regarding subjects on the agenda. At times, the
City Council may seek comments/opinions regarding specific City matters during this allotted time.
not
This is the time slot to give formal testimony on a public hearing matter, or comment on a
pending application or proposal. Out of courtesy for all who wish to speak, the City Council requests
each speaker limit their comments to three (3) minutes.
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.
Appointment to the Eagle Arts Commission
B. : Mayor Reynolds is requesting Council
confirmation of the appointment of Leslie Ditz. Ms. Ditz will be fulfilling the remainder
of a vacated term that will expire in December 2013. (JDR)
Re-Appointment to the Design Review Board:
C. Mayor Reynolds is requesting Council
confirmation of the re-appointment of Terry Sayer. Ms. Sayer will serve a three year
term. (JDR)
Request for Noise Waiver:
D. Chantel Fehringer is requesting a noise waiver to be
extended to 11:00 p.m. on July 26, 2014 to be used at Eagle Hills Golf Course, 605 N.
Edgewood Lane Eagle, Idaho. The waiver request is to accommodate a wedding.
Seventh Amendment to Office Lease between Hawkins-Smith Eagle Hall LLC and
E.
the City of Eagle.
(SEB)
Minutes of August 6, 2013
F. .
FP-10-13 – Final Plat for Water’s Edge Subdivision Phase No. 3 (a portion of the
G.
former The Shores Subdivision – Phase 2) – Magellan Development, LLC
Magellan
Development, LLC, represented by Kevin McCarthy, P.E. with KM Engineering, LLP, is
requesting final plat approval for Water’s Edge Subdivision Phase 3, a 13-lot (10-
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CITY COUNCIL AGENDA
August 27, 2013 6:30 P.M.
buildable, 3-common) residential subdivision. The 19.99-acre site is located west of the
intersection of South Bellemonte Way and West Sherington Drive. (WEV)
FP-11-13 – Final Plat for Henry’s Fork No. 2 (formerly Park Place Gardens) –
H.
Henry’s Fork, LLC. :
Henry’s Fork, LLC, represented by Kerby Kirkham with KM
Engineering, is requesting final plat approval for Henry’s Fork Subdivision No. 2
(formerly Park Place Gardens), a 34-lot (30-buildable, 4-common) residential
subdivision. The 28.21-acre site is located on the east side of North Park Lane
approximately 1,320-feet north of Floating Feather Road. (WEV)
Findings of Fact and Conclusions of Law FPUD-03-13 & FP-06-13 – Final
I.
Development Plan and Final Plat for The Preserve Subdivision No. 2 (formerly
known as Eaglefield Estates Subdivision) – The Preserve, LLC.
The Preserve, LLC,
represented by Becky McKay with Engineering Solutions, LLP, is requesting final
development plan and final plat approval for The Preserve Subdivision No. 2, a 15.67-
acre, 48-lot (45-buildable, 3-common) residential subdivision. The Preserve Planned Unit
Development is generally located 650-feet west of Linder Road and north of State
Highway 44. (WEV)
Findings of Fact and Conclusions of Law for RZ-14-07 MOD – Modification to
J.
Development Agreement (Instrument #108081004) associated with Vigne D' Aquila
Subdivision – Eagle Vineyard Estates HOA, Inc.:
Eagle Vineyard Estates HOA Inc.,
represented by Shawn Nickel, with SLN Planning, is requesting a modification to the
rezone development agreement (Instrument #108081004) associated with Vigne D’
Aquila Subdivision. The 26.22-acre site is located on the northeast corner of North
Ballantyne Lane and West Beacon Light Road at 1964 West Beacon Light Road.
Minutes of August 13, 2013.
K.
UNFINISHED BUSINESS
6. :
Final council review and action on an agreement between Laguna point group and the city.
A.
(MLB)
Discussion of the decision given to ACHD on the four corners and ACHD's decision to put
B.
off the project based on the decision the City previously rendered.
(JDR)
PUBLIC HEARINGS: NONE
7.
Public Hearings are legally noticed hearings required by state law. The public may provide
formal testimony regarding the application or issue before the City Council. This testimony will
become part of the hearing record for that application or matter.
NEW BUSINESS:
8.
Ordinance 703 – Infraction penalty for various ordinances:
A. An Ordinance Of The City Of
Eagle, Ada County, Idaho, Amending Title 4, Chapter 3, Section 6 Referencing The General
Penalty Provision Of The Eagle City Code, Clarifying Infraction And Misdemeanor Penalties;
Providing For A Summary, And Providing An Effective Date. (SKB & SEB)
Councilman Butler is requesting Council consideration to direct staff to process a zoning
B.
ordinance amendment to change the criteria for the location of personal wireless facilities
(cell towers) within the community
. (MLB)
Resolution 13-18 – Concessions & Exclusive Use Agreement – (Commonly refered to as
C.
Eagle Terrain Park):
A Resolution Approving A Concessions And Exclusive Use Agreement
For Recreation At Ada-Eagle Park By And Between The City Of Eagle And Eagle Superparks,
LLC; Authorizing The Mayor And City Clerk To Respectively Execute And Attest Said
Agreement; And Providing An Effective Date.. (MA & SM)
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CITY COUNCIL AGENDA
August 27, 2013 6:30 P.M.
EXECUTIVE SESSION: Pending and/or Threatened Litigation 67-2345(d) & (f) [MLB& MD]
9
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:
(d) To consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho Code.
(MD)
(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:
10.
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.
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