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Agenda - 2013 - City Council - 10/22/2013 - RegularTHE CITY OF EAGLE ,r CITY COUNCIL AGENDA Eagle City Hall, 660 E. Civic Lane October 22, 2013 6:30 P.M. PRE - COUNCIL AGENDA: [5: 30 p. m. - 6:301 1. Ada County Sheriff's Office Monthly Report 2. Eagle Historic Preservation Commission Report: 3. Mayor and Council Reports: 4. City Hall Department Supervisor Reports: 5. City Attorney Report: INVOCATION: REGULAR COUNCIL AGENDA: 1. CALL TO ORDER: 2. ROLL CALL: GRASSER, DEFAYETTE, BUTLER, PIERCE. 3. PLEDGE OF ALLEGIANCE: 4. PUBLIC COMMENT: This time is reserved for the public to address their elected officials regarding concerns or comments they would like to provide to the City Council regarding subjects not on the agenda. At times, the City Council may seek comments /opinions regarding specific City matters during this allotted time. This is not 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. 5. CONSENT AGENDA: ♦ 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. A. Claims Against the City. B. Cooperative Agreement between Valley Regional Transit & City of Eagle for Annual Dues and Service Contribution. C. Resolution No. 13 -22: Resolution for the declaration of surplus of property. D. Appointment to the Library Board: Mayor Reynolds is requesting the appointment of Terri Soelberg to the Library Board. Ms. Soelberg will be serving a four year term. (JDR) E. Appointment to the Library Board: Mayor Reynolds is requesting the appointment of Christine Cragin Lodge to the Library Board. Ms. Lodge will be fulfilling the remainder of a vacated four year term. (JDR) F. Service & Maintenance Agreement between the City of Eagle and TVR Heating & Cooling: (MA) G. Minutes of October 9, 2013 meeting with Ada County Commissioners. H. Minutes of October 8, 2013 I. Finding of Fact and Conclusions of Law for A- 02- 13/RZ -03 -13 & PP -03 -13 — Annexation, Rezone with Development Agreement, and Preliminary Plat for Creek Water Subdivision — John Wood: John Wood represented by Greg Hall with Hall Capital, LLC, is requesting an annexation and rezone from RUT (Rural -Urban Transition Page 1 of 3 cc- 10- 22 -13ag CITY COUNCIL AGENDA October 22, 2013 6:30 P.M. — Ada County designation) to R -3 -DA (Residential — up to three (3) units per acre with a development agreement) and preliminary plat approval for Creek Water Subdivision a 36 -lot (30- buildable, 6- common) residential subdivision. The 12.7 -acre site is generally located on the south side of West Floating Feather Road approximately 1/4 mile east of Park Lane, at 3377 and 3395 W. Floating Feather Road. J. Finding of Fact and Conclusions of Law for PP -07 -13 — Collina Bello Subdivision — Providence Properties, LLC: Providence Properties, LLC, represented by Kevin McCarthy with KM Engineering, is requesting preliminary plat approval for Collina Bello Subdivision, a 14 -lot (11- buildable 3- common) residential subdivision. The 9.6- acre site is located on the north side of West Floating Feather Road approximately 350 - feet west of North Moon Bello Way on Lot 20, Block 2, Corrente Bello Subdivision No. 1, at 1400 West Floating Feather Road. K. Findings of Fact and Conclusions of Law for RZ -02 -13 — Rezone from A (Agricultural) to R -2 (Residential — two units per acre) — Schneider Custom Homes, Inc.: Schneider Custom Homes, Inc., represented by Phil Hull with the Land Group, is requesting approval of a rezone from A (Agricultural — up to one (1) unit per twenty (20) acres) to R -2 (Residential — up to 2 units per acre. The 1.19 -acre site is located on the north side of East Floating Feather Road approximately 1,280 -feet east of the intersection of North Eagle Road and East Floating Feather Road at 470 East Floating Feather Road. 6. UNFINISHED BUSINESS: A. Memorandum of Understanding between the City of Eagle and Japheth, LLC: Japheth, LLC, represented by Doug Clegg, is requesting approval of a Memorandum of Understanding between the City and Japheth, LLC to allow the removal of the berm located between Guerber Park and Echohawk Way as part of the gravel pit reclamation process. The material removed from the berm is proposed to be used in the reclamation of the expired gravel pit formerly located within the preliminary plat of Arbor Ridge Subdivision. The 25.9 -acre site is located near the northwest corner of Hill Road and State Highway 55. This item was continued from the October 8, 2013 meeting. 7. PUBLIC HEARINGS: 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. A. PF -08 -13 - Lockey Subdivision - Somerset Farms, Inc.: Somerset Farms, Inc., represented by Chris Todd with T -O Engineers, Inc., is requesting preliminary plat approval for Lockey Subdivision, a 40 -lot (33- buildable and 7- common) subdivision. The 20.37 -acre site is located on the south side of West Beacon Light Road approximately 630 -feet east of North Park Lane at 3633 West Beacon Light Road. (WEV) This item was continued from the October 8, 2013 meeting. The public hearing remains open. B. CU -06 -13 — Restaurant with Drive -Thru — Eagle River Hospitality, LLC: Eagle River Hospitality, LLC, represented by Phil Hull with The Land Group, Inc., is requesting a conditional use approval for a 2,000 sq.ft. restaurant with drive -thru. The 2.96 -acre development is generally located on the east side of South Eagle Road (SH -55) approximately 145 -feet south of the intersection of East Riverside Drive and South Eagle Road (SH -55), Lot 6, Block 4, Mixed Use Subdivision No.2, at 145 East Riverside Drive. (WEV) 8. NEW BUSINESS: A. Ada County Transmittal B. Discussion of Ada/Eaale Sports Complex - Public Comment is encouraged Page 2 of 3 cc- 10- 22 -13ag CITY COUNCIL AGENDA October 22, 2013 6:30 P.M. C. Property purchase (Ada/Eaele Sports Complex) request from Ada County Commissioners — Public Comment is encouraged 9. EXECUTIVE SESSION: Pending &/or Threatened Litigation §67 -2345( f) 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. 10. ADJOURNMENT: The City will make reasonable accommodations for anyone attendin 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. Page 3 of 3 cc- 10- 22 -13ag