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Agenda - 2016 - City Council - 02/23/2016 - RegularTHE CITY OF EAGLE CITY COUNCIL AMENDED AGENDA Eagle City Hall, 660 E. Civic Lane February 23, 2016 6:30 p.m. *ITEMS ADDED Page 1 of 3 cc-02-23-16ag2 PRE COUNCIL AGENDA: [5:30 p.m. - 6:30 p.m.] 1: Audit Report Fiscal Year 2014 – 2015: Kurt Folke, Quest CPAs 2. Chamber of Commerce – 3. Mayor and Council Reports: 4. City Hall Department Supervisor Reports: 5. City Attorney Report: INVOCATION: REGULAR AGENDA: 6:30 p.m. 1. CALL TO ORDER: 2. ROLL CALL: KUNZ, BASTIAN, PRESTON, SOELBERG 3. PLEDGE OF ALLEGIANCE: 4. ADDITIONS, DELETIONS OR MODIFICATIONS TO THE AGENDA A. City Staff requests. B. Mayor or City Council requests. 5. 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. 6. 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. AA-07-15 – Zoning Administrator Appeal of Design Review Application (DR-52-99 MOD6) & Findings of Fact and Conclusion of Law for AA-07-15/DR-52-99 MOD6 – Eagle Marketplace Master Sign Plan Modification: Alturas Eagle Marketplace, LLC, represented by Virginia Cunningham with Golden West Signs, is requesting design review approval to modify the master sign plan for the Eagle Marketplace. The site is located on the northeast corner of East Chinden Boulevard and North Eagle Road at 3210 East Chinden Boulevard. In accordance with Eagle City Code Section 8-2A-14 (A), the Zoning Administrator previously appealed the Design Review Board’s decision on this matter and is seeking City Council approval. C. Minutes of February 9, 2016. D. EXT-01-16 – Preliminary Plat Extension of Time for SCS Syringa Subdivision (aka Tannenbaum Subdivision) – Smith Brighton, Inc.: Smith Brighton, Inc., represented by Mike Wardle, is requesting a one (1) year extension of time for the preliminary plat approval for SCS Syringa Subdivision, a 142-lot (128 buildable and 14 common) residential CITY COUNCIL AMENDED AGENDA February 23, 2016 6:30 P.M. Page 2 of 3 cc-02-23-16ag2 subdivision. The 63.57-acre site is located on the north side of West Floating Feather Road approximately 1,320-feet west of the intersection of North Lanewood Road and West Floating Feather Road. (WEV) E. EXT-02-16 – Preliminary Plat Extension of Time for Gated Garden Subdivision – Brighton Corporation: Brighton Corporation, represented by Mike Wardle, is requesting an extension of time for the preliminary plat approval for Gated Garden Subdivision, a 72-lot (60-buildable and 12-common) residential subdivision. The 18.62-acre site is generally located on the east side of N. Linder Road approximately 2,100-feet north of the intersection of W. Chinden Boulevard (Highway 20/26) and N. Linder Road at 7000 N. Linder Road. (WEV) F. Minutes of February 2, 2016. G. Resolution 16-14 – A resolution of the City of Eagle, Idaho Appointing Board Members and Alternates To Valley Regional Transit Board. (SR) H. Appointment to the Design Review Board: Mayor Ridgeway is requesting the appointment of Louis Germano to the Board. Mr. Germano will be serving a three (3) year term that will expire in March 2019. (SR) I. FP-14-15 - Final Plat for Springhouse Subdivision – CBH Homes Inc.: CBH Homes, Inc., represented by Scott Wonders with J-U-B Engineers, Inc., is requesting final plat approval for Springhouse Subdivision, a 58-lot (52-buildable, 6-common) residential subdivision. The 18.39-acre site is generally located on the west side of North Park Lane approximately 750- feet north of the intersection of State Highway 44 and North Park Lane. (WEV) J. LYNX! Consortium Services Agreement: (SB) *K. Appointments to the Historic Preservation Commission: Mayor Ridgeway is requesting Council confirmation of the appointment of Zachary Pence and Paula Davina to the Commission. Both will be serving three (3) year terms that will expire in February 2019. (SR) 7. UNFINISHED BUSINESS: A. State Highway 44 and Edgewood: Review of the Eagle Transportation Committee recommendation on the removal of the north-bound free-running right turn from the west-bound leg of the State Highway 44 and Edgewood Lane Intersection. (WEV) 8. 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. PP-14-13 MOD - Overton Acres Subdivision Preliminary Plat Modification – Vince Kouba: Vince Kouba, represented by Pat Tealey with Tealey’s Land Surveying, is requesting a modification to the preliminary plat for Overton Acres Subdivision, a 6-lot (4-buildable, 2- common) residential development. The applicant is requesting the proposed public road to be a private road and remove the two (2) common lots. The 4.66-acre site is located on the west side of South Locust Grove Road approximately 1,000 feet north of Chinden Boulevard at 3145 South Locust Grove Road. (WEV) B. CU-10-15 – Conditional Use Permit - Tahoe Homes: Tahoe Homes, represented by Amy Kelley, is requesting conditional use permit approval for a waiver to reduce the front and rear setbacks within Banbury Meadows Subdivision No. 8. The 11.81-acre site is generally located on the west side of South Chipper Way approximately 50-feet north of the intersection of South Chipper Way and West Oakhampton Drive. (WEV) C. RZ-05-02 MOD Modification to the Lakemoor Development Agreement – William Schultz: Williams Schulz, represented by Kristi Watkins with J-U-B Engineers, Inc., is requesting a development agreement modification to modify the condition of development relating to setbacks within Lakemoor Subdivision No. 5 to permit a rear yard setback of 7.5-feet on Lot 180, Block 7, CITY COUNCIL AMENDED AGENDA February 23, 2016 6:30 P.M. Page 3 of 3 cc-02-23-16ag2 located within the “Carriage Home Site” portion of the development. Lot 180, Block 7, is located approximately 780-feet south of the intersection of East Lakebrook Lane and South Creek Pointe Lane at 2931 South Creek Point Lane. The 178.52-acre Lakemoor site is generally located on the east side of Eagle Road approximately 1000-feet north of Chinden Boulevard. (WEV) 9. NEW BUSINESS: A. Presentation on the Eagle Foothills American Viticulture Area (AVA), part of the Snake River Valley American Viticulture Area - Martha Cunningham, 3 Horse Vineyards: (NP) B. Report on Dog Park Open House: (MA) C. Request for Mediation regarding the City Council decision on DR-17-14 MOD/AA-06-15 – Bill Barros: Bill Barros is requesting City Council consideration to enter into mediation to discuss the disallowance of a fence around the irrigation pond located within the common area open space located within Creek Water Subdivision. The 12.7-acre site is located on the south side of West Floating Feather Road approximately ¼-mile east of Park Lane at 3577 and 3395 West Floating Feather Road. (WEV) D. AA-01-16 – Applicant Appeal of Design Review Application DR-30-05 MOD3 (Laguna Fence) – Steve Peel, represented by Nicole Hancock with Stoel Rives: Steve Peel, represented by Nicole Hancock with Stoel Rives, is requesting a modification to the subdivision’s design review approval to allow for the installation of a smooth (barbless) wire fence with metal t-posts (approximately 4,375-feet in length) within Common Lot 35 along the south side of the pathway along the south side of the Boise River. The applicant requests an option to place up to 2 additional strands of barbed wire on the back (south) side of the fence (facing the subdivision common area) to further deter trespassers. The subdivision is located on the east side of South Eagle Road approximately 800-feet north of East Colchester Drive. In accordance with Eagle City Code Section 8-2A-14 (A), the applicant is appealing the Design Review Board’s decision on this matter. (WEV) E. Temporary License Agreement between City of Eagle and Lexington Hills Homeowners Association (CDM) 10. 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 on the agenda. At times, the City Council may seek comments/opinions regarding specific City matters during this allotted time. Out of courtesy for all who wish to speak, the City Council requests each speaker limit their comments to three (3) minutes. 11. EXECUTIVE SESSION: 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. Personnel Matters: 74-206 (1) (b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student; B. Pending or Threatened Litigation – Laguna Pointe: 74-206 (1) (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.