Agenda - 2016 - City Council - 09/13/2016 - Regular
THE CITY OF EAGLE
CITY COUNCIL AGENDA
Eagle City Hall, 660 E. Civic Lane
September 13, 2016 6:30 p.m.
PRE COUNCIL AGENDA: \[5:30 p.m. - 6:30 p.m.\]
1. Mayor and Council Reports:
2. City Hall Department Supervisor Reports:
3. 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. SERVICE RECOGNITION:
1. Volunteer of the Month - Josh Dowd: Volunteer of
the Month was nominated by the Eagle . Josh began
volunteering in October 2014 and has shown his dedication to ensuring the success of the teen
program at the Library. He continues to provide ideas for events and input on the Teen Advisory
Board. Josh has shone by becoming the Teen Advisory Board member who takes the lead in
creating questions for teen trivia games, and his enthusiasm for trivia matched. Eagle offers a
warm thank you for all you have done for the City of Eagle and the Eagle Public Library.
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. ADDITIONS, DELETIONS OR MODIFICATIONS TO THE AGENDA
A. City Staff requests.
B. Mayor or City Council requests.
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
A. Claims against the City.
B. Noise Waiver Request: Eagle Volunteer Fire Department, represented by Andrew Weinstein,
is requesting a noise waiver for their annual Haunted Woods Fundraiser to be held behind
Merrill Park located at 637 E. Shore Dr. Eagle, Idaho. They seeking the waiver to be until
midnight on the following dates: October 14, 15, 21, 22, 28-30, 2016.
C. Constitution Week Proclamation: A Proclamation for the City of Eagle declaring the week
of September 17 through 23 as Constitution Week for the City of Eagle. (SR)
D. Service Agreement for Animal Control Services between the City of Eagle and the Idaho
Humane Society for FY 2016-2017. An agreement commencing on October 1, 2016 and
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terminating September 30, 2017 to provide animal control services for the City of Eagle for
an amount not to exceed a total $60,264.00 to be paid in twelve (12) equal payments. (SR)
E. Parking Agreement with Creekside Bible Fellowship: An agreement to allow parking at
Church Property 350 E. State Street, Eagle, Idaho for Eagle Saturday Market and other
Community Events operated by the City of Eagle. (MA)
F. Minutes of August 16, 2016.
G. Minutes of August 23, 2016.
H. Findings of Fact and Conclusions of Law for RZ-05-16 Rezone from R-4 (Residential)
to CBD (Central Business District) Shawn Nickel: Shawn Nickel is requesting a rezone
from R-4 (Residential) to CBD (Central Business District). The 0.33-acre site is generally
located on the west side of North Eagle Road approximately 675-feet north of West State
Street at 247 North Eagle Road. (WEV)
I. Findings of Fact and Conclusions of Law for PP/FP-04-16 Wallace Subdivision John
R. Jantz: John R. Jantz, represented by Joe Canning, P. E., with B & A Engineers, Inc., is
requesting combined preliminary plat/final plat approval for Wallace Subdivision, a 2-lot
industrial subdivision. The 2.81-acre site is located approximately 270-feet northwest of the
intersection of South Edgewood Street and East Iron Eagle Drive at 1447 East State Street.
J. FPUD-04-16/FP-09-16 Final Development Plan and Final Plat for Foxglove Estates
Subdivision No. 2 Linder 17 Investment, LLC: Linder 17 Investment, LLC, represented
by Allison Findlay, is requesting final development plan and final plat approvals for Foxglove
Estates Subdivision No. 2, a 22-lot (17-buildable, 5-common) residential subdivision. The
8.33-acre site is generally located at the northwest corner of North Linder Road and West
Saguaro Drive.
K. FP-12-16 Final Plat for Renovare Subdivision No. 2 MDG, LLC: MDG, LLC,
represented by Kevin McCarthy with KM Engineering, LLP, is requesting final plat approval
for Renovare Subdivision No. 2, a 31-lot (26-buildable, 4-common, 1-private road) residential
subdivision. The 11.43-acre site is generally located on the southwest corner of East Riverside
Drive and South Ancona Avenue.
L. Minutes of August 29, 2016.
M. Volunteer of the Month Proclamation: A proclamation of the City of Eagle declaring
September 14, 2016, Josh Dowd Day in the City of Eagle for his dedication and volunteerism!
(SR)
8. UNFINISHED BUSINESS:
A. Discussion of Proposed Easement for the Dry Creek Trail: A discussion with the Eagle
Nazarene church regarding a potential Easement for the Dry Creek Trail. (This item was
continued from the September 8, 2016 City Council Meeting) (SR)
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. A-04-16/RZ-06-16 Annexation and Rezone from RUT (Rural-Urban Transition Ada
County Designation) to MU-DA (Mixed Use with a development agreement) Richard
and Sharon Terry: Richard and Sharon Terry, represented by Kirsti Grabo with KM
Engineering, LLP, is requesting an annexation and a rezone from RUT (Rural-Urban
Transition Ada County designation) to MU-DA (Mixed Use with a development agreement).
The 6.74-acre site is generally located on the south side of State Highway 44, approximately
1,380-feet west of the intersection of West State Street and State Highway 44 at 2755 West
State Street.
A1. PD-02-16 Parcel Division Richard and Sharon Terry: Richard and Sharon Terry,
represented by Kirsti Grabo with KM Engineering, LLP, is requesting approval of a parcel
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CITY COUNCIL AGENDA
September 13, 2016 6:30 P.M.
division for the creation of two parcels. The 6.75acre site is located on the south side of State
Highway 44, approximately 1,380-feet west of the intersection of West State Street and State
Highway 44 at 2755 West State Street.
B. RZ-01-07 MOD3 & PP-03-16 C1 Subdivision Dave Callister: Dave Callister,
represented by John Carpenter, P.E., with T-O Engineers, Inc., is requesting a development
agreement modification and preliminary plat approval for C1 Subdivision, a 10-lot (9
buildable and 1 common) residential subdivision. The 5.70-acre site is located on the east side
of Park Lane approximately 1,200-feet south of Beacon Light Road at 2440 North Park Lane.
C. RZ-05-02 MOD5 Development Agreement Modification (Lakemoor Commercial
Development) Hawkins Companies: Hawkins Companies, represented by Christian
Samples, is requesting a development agreement modification to update the Concept Plan
associated with
executed development agreement instrument #113103020) of the Lakemoor development
and modify the commercial guidelines. The 25.14-acre site is located at the southeast corner of
East Colchester Drive and South Eagle Road approximately one-third mile north of Chinden
Boulevard.
10. NEW BUSINESS:
A. Changes to City Council Meetings - November and December, 2016. Discussion and
possible action. (SR)
B. Power Easement on City Property. Paradigm Construction is requesting a power easement
to be located adjacent to the wester property line at the Eagle Senior Center. (WEV)
11. 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 any matter, up to and including any subject on the agenda
with the exception of Public Hearing items. Comments regarding Public Hearing items need to be made
during the open public hearing for said item(s) in accordance with Idaho Code. At times, the City Council may
seek comments/opinions regarding specific City matters (excluding Public Hearing items) 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.
12. EXECUTIVE SESSION: §74-206 - 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. I.C. 74-206(1)(c) To acquire interest in real property which is not owned by the agency. Dry
Creek Trail Easement
B. I.C. 74-206(1)(f) To communicate with legal counsel for the public agency to discuss the legal
ramification of and legal options for pending litigation or controversies not yet being litigated
but imminently likely to be litigated. Bozman v. Burrell, et. al.
13. ADJOURNMENT:
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