Agenda - 2015 - City Council - 07/28/2015 - Regular (2)THE CITY OF EAGLE
CITY COUNCIL
Amended AGENDA
Eagle City Hall, 660 E. Civic Lane
July 28, 2015 6:30 P.M.
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*ADDED ITEM
PRE COUNCIL AGENDA: [5:30 p.m. - 6:30]
1 City Attorney Report: Review of fee collection ordinance and policy for direction.
2. Mayor and Council Reports:
3. City Hall Department Supervisor Reports:
INVOCATION:
1. CALL TO ORDER:
2. ROLL CALL: BUTLER, MCFARLAND, KUNZ, RIDGEWAY
3. PLEDGE OF ALLEGIANCE:
4. SERVICE RECOGNITION:
A. The City would like to honor the outgoing commission members and thank them for their
service and dedication.
1. The City would like to honor Pam Kelch for her service to the Eagle community while
serving on the Historic Preservation Commission.
2. The City would like to honor Diane Scott for her service to the Eagle community while
serving on the Historic Preservation Commission.
5. ADDITIONS, DELETIONS OR MODIFICATIONS TO THE AGENDA
6. 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.
7. 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. Minutes of July 14, 2015.
C. Findings of Fact and Conclusions of Law for FPUD-06-15 & FP-07-15 – Final
Development Plan and Final Plat for HCR/Level 3 Subdivision No. 2 – Home
Capital Resources: Home Capital Resources, represented by Mike Dixon, is requesting
final development plan and final plat approval for HCR/Level 3 Subdivision Phase 2, a
5.83-acre, 18-lot (15-buildable, 3-common) residential subdivision. The HCR/Level 3
Planned Unit Development is generally located on the south side of West State Street
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(SH-44) approximately 650-feet west of the intersection of West State Street (SH-44) and
North Linder Road at 5001 and 5025 West State Street. (WEV)
D. Findings of Fact and Conclusions of Law for CU-03-15 – Conditional Use Permit -
Patrick Weber: Patrick Weber is requesting conditional use permit approval for a craft
beer bar located within the Clock Tower Center. The .92-acre site is generally located on
the northeast corner of S. Edgewood Lane and E. State Street at 1580 East State Street.
(WEV)
E. Findings of Fact and Conclusions of Law for RZ-24-06 MOD5 – Modification to
Rezone Development Agreement - Pacific West Communities, Inc.: Pacific West
Communities, Inc., represented by John Rennison, with Rennison Engineering, is
requesting a modification to the rezone development agreement associated the Tennis
Club Plaza Subdivision. The 15.77-acre site is generally located on the southeast corner
of State Highway 44 and E. Riverside Drive at 1650 E. Riverside Drive. (WEV)
F. Minutes of July 14, 2015 special meeting.
G. Noise Waiver Request: Eagle Storage Condos, represented by Ron Ramza, is requesting
a noise waiver to accommodate large concrete pours at the property located at 9049 N.
Horseshoe Bend Road (building permit # 150680). The dates for the request are July 30,
2015 start time approximately 3:00 a.m.; August 4, 6 and 11, 2015 start time at
approximately 5:00 a.m. (WEV)
*H. Independent contractor contract with a professor at BSU to analyze the State/Eagle
intersection surveys. (CM)
8. UNFINISHED BUSINESS: NONE
9. 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. CU-04-14 – Personal Wireless Facility – Doug Kofford/TAEC: Doug Kofford/TAEC is
requesting conditional use permit approval for a cell tower (defined as “personal wireless facility
height-over 35-feet” in Eagle City Code) to be located at the Eagle High School site in place of an
existing baseball field light pole. The applicant is also requesting conditional use permit approval
of a setback waiver to decrease the minimum tower setback from two times (2x) the height of the
tower from the property line of any residential dwelling. The proposed 2,500-square foot lease
area is located adjacent to the outfield fence of the Eagle High School baseball field
approximately 175-feet east of North Park Lane at 574 North Park Lane. This item was continued
from the April 14, 2015 meeting. (WEV)
B. CPA-03-15/RZ-06-15 – Comprehensive Plan Amendment and Rezone application - JLG-5,
LLLP: JLG-5, LLLP, represented Scott Noriyuki with Northside Management, is requesting a
Comprehensive Plan Map amendment from Residential 3 (up to 3 units per acre) to Mixed Use
and a rezone from A (Agricultural) to MU-DA (Mixed Use with a development agreement in lieu
of a Planned Unit Development) to develop a 43-unit residential development (42-new and 1-
existing, 5.42 unit per acre). The 7.74-acre site is generally located on the west side of S.
Edgewood Lane, approximately 1,290 feet the north side of E. State Street, just south of the new
Hill Road extension and Edgewood Lane intersection. (WEV)
10. NEW BUSINESS:
A. US 20/26 (Chinden) Continuous Flow Intersection Proposal- Review and provide comment
to ITD regarding the planning of Continuous Flow Intersections at Linder Road, Meridian
Road and Locus Grove Road. (WEV)
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B. AA-05-15 - Appeal of DR-22-15 regarding the Design Review Board decision to approve a
temporary public parking lot it Downtown Eagle – Eagle Urban Renewal Agency: The
Eagle Urban Renewal Agency, represented by John Roters with South Landscape Architecture, is
requesting design review approval to construct a temporary public parking area with associated
landscaping. The 0.73-acre site is located on the southeast corner of West State Street and Olde
Park Place at 45 and 75 West State Street and 64 South Olde Park Place. Appeal of the Design
Review Board decision in the matter of DR-22-15. (WEV)
11. EXECUTIVE SESSION: 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:
A. Pending &/or Threatened litigation 67-2345(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;
12. ADJOURNMENT:
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.