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Agenda - 2016 - City Council - 12/13/2016 - RegularTHE CITY OF EAGLE CITY COUNCIL AGENDA Eagle City Hall, 660 E. Civic Lane December 13, 2016 5:30 Page 1 of 4 INVOCATION: REGULAR AGENDA: 5:30 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 – Guys Read program volunteers, represented by Jason Strid: The City of Eagle would like to recognize the volunteers of the Guys Read program at Eagle Elementary School of the Arts. Guys Read is an outreach program from the Eagle Public Library in which adult men share their love of reading with boys in the 4th and 5th grade. It has been shown that if young guys have not been hooked on reading by the 4th grade, they will not become life-long readers. Jason has been instrumental in implementing the program. He has worked with the principal, teachers, library staff and the young guys in making this program a success. He has provided invaluable feedback on what the boys want to read. Since the first session in the fall of 2015, this program has grown from just a few kids to nearly all the boys in the 4th and 5th grade classes in 2016. Thank you, Jason Strid, Patrick Calley and Marlon McCowan for the implementation of the Guys Read program! 5. BOARDS/COMMITTEES/COMMISSION REPORTS: A. Design Review Board B. Planning and Zoning C. Community Mobility Institute Team D. Historic Preservation Commission 6. 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)(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 in relation to AA-03-16 IMC Appeal. 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 in relation to 1121 S Brentbrook Ln. 7. 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. CITY COUNCIL AGENDA December 13, 2016 5:30 P.M. Page 2 of 4 8. ADDITIONS, DELETIONS OR MODIFICATIONS TO THE AGENDA A. City Staff requests. B. Mayor or City Council requests. 9. 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 November 15, 2016. C. Resolution No. 16-34: A resolution amending resolution No. 12-11 changing the name of the Parks and Pathways Development Commission, and adding duties to the commission. (SR) D. Appointment to the Industrial Development Corporation: Mayor Ridgeway is requesting Council confirmation of the appointment of Craig Soelberg to the Industrial Development Corporation. Councilmember Soelberg will be serving a one (1) year term expiring January 2018. (SR) E. FPUD -08-16/FP -15-16 – Final Development Plan and Final Plat for The Preserve Subdivision No. 6 – The Preserve, LLC.: The Preserve, LLC., represented by Josh Mann with Engineering Solutions LLP, is requesting final development plan and final plat approvals for The Preserve Subdivision No. 6, a 28-lot (25 buildable, 3 common), residential subdivision. The 7.97- acre site is located 0.45-miles north of State Highway 44 and 0.65 miles west of North Linder Road. (WEV) F. F PUD -06-16/FP -11-16 – Final Development Plan and Final Plat for Tannenbaum Subdivision No. 3 (formerly known as SCS Syringa Subdivision) – Smith Brighton, Inc.: Smith Brighton, Inc., represented by Mike Wardle with Brighton Development, is requesting final development plan and final plat approvals for Tannenbaum Subdivision No. 3, a 25-lot (20 buildable, 5 common) residential subdivision. The 9.71-acre site is located on the north side of West Floating Feather Road approximately ¼-mile west of the intersection of North Lanewood Road and West Floating Feather Road. (WEV) G. Findings of Fact & Conclusions of Law for RZ-08-16 & PP-06-16 – Senora Creek Subdivision No. 3 – Schultz Development, LLC: Matt Schultz with Schultz Development, LLC, is requesting a rezone from A-R (Agricultural-Residential) to R-3-DA (Residential with a development agreement) and preliminary plat approval for Senora Creek Subdivision No. 3, a 16 - lot (12 buildable, 4 common) (re-subdivision of Lot 12, Block 10, Senora Creek Subdivision No. 2) residential subdivision. The 4.72-acre site is located within Senora Creek Subdivision (Lot 12, Block 10) on the west side of North Park Lane, approximately 1,300-feet south of the intersection of North Park Lane and West Floating Feather Road at 725 North Park Lane. (WEV) H. Findings of Fact & Conclusions of Law for FPUD-07-16 & FP-14-16 – Lanewood Subdivision No. 2 – Smith Brighton, Inc.: Smith Brighton, Inc., represented by Mike Wardle with Brighton Development, is requesting final development plan and final plat approvals for Lanewood Subdivision No. 2, a 47 lot (42 buildable, 5 common), residential subdivision. The 19.95-acre site is generally located on the northeast side of the intersection of West Floating Feather Road and North Lanewood Road at 5247 West Floating Feather Road. (WEV) I. EXT -10-16–Preliminary Plat Extension of Time for Gated Garden Subdivision – Bunderson & Bodily: Bunderson & Bodily, represented by Tucker Johnson, is requesting a one (1) year extension of time for the preliminary plat approval for Gated Garden Subdivision, a 67 - lot (55 buildable, 9 common, 3 private roads) residential subdivision. The 16.86-acre site is 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) CITY COUNCIL AGENDA December 13, 2016 5:30 P.M. Page 3 of 4 J. Volunteer of the Month Proclamation: A proclamation of the City of Eagle declaring December 14, 2016, Guys Read Program Volunteers Day in the City of Eagle for their dedication and volunteerism! (SR) 10. UNFINISHED BUSINESS: A. Palmetto Ave. Extension: Eagle 26, LLC. and Pacific Partners, LLC. will provide an update on the alignment and design of the Palmetto Avenue extension between Plaza Drive and State Highway 44, including the potential modification of pedestrian and bicycle facilities. (NBS) 11. PUBLIC HEARINGS: No Public Hearings will be heard prior to 6:00 PM Public Hearings are legally noticed hearings required by state law. The public may provide formal testimony regarding the application or issue before the City Counci l. This testimony will become part of the hearing record for that application or matter. A. Library Fines and Fees schedule: A public hearing to consider amending the Eagle Public Library Fines and Fees schedule. Some of the proposed fees may reflect an increase of 5% or more. (SB) A1. Resolution 16-35: Eagle Public Library Fines and Fees Schedule: A resolution of the City of Eagle, Idaho, amending the fines and fees schedule for the Eagle Public Library; and providing an effective date. B. VAC-03-16 – Vacation to the final plat of Irish Acres Subdivision – Coleman Homes, LLC: Coleman Homes, LLC, represented by Josh Mann with Engineering Solutions, LLP, is requesting a vacation of the public utility, irrigation, and drainage easements from Lots 1, 3, 4, 5, and 6, Block 1, within Irish Acres Subdivision. The site is located on the west side of North Linder Road approximately 390-feet north of the intersection of SH-44 and North Linder Road at 341 North Linder Road. (WEV) C. RZ-07-16 & PP-05-16 – Lonesome Dove Subdivision No. 2 – Zach Evans Construction: Zach Evans Construction, represented by Mark Butler, is requesting a rezone from MU (Mixed Use) to MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) and preliminary plat approvals for Lonesome Dove Subdivision No. 2, a 75-lot (68 buildable, 7 common) residential subdivision (re-subdivision Lot 1A, Block 2, Lot 1B, Block 2, and Lot 1, Block 1, Lonesome Dove Subdivision). The 4.36-acre site is generally located at the southeast and southwest corners of East Riverside Drive and South Lone Brook Way. (WEV) D. RZ-09-00 MOD – Modification to Development Agreement – Mark Butler, Old Town, LLC: Mark Butler, is requesting a development agreement modification to modify condition of development #2.6 associated with the allowed uses permitted on the commercial lots (Lots 12 and 14, Block 1) located within Piccadilly Village Subdivision. The 2.36-acre site is located on the southeast and southwest corners of East Hill Road and North Echohawk L ane at 207 and 220 South Echohawk Lane. (WEV) 12. NEW BUSINESS: A. Resolution 16-33 - Republic Services Annual CPI adjustment: A Resolution of the City of Eagle, Idaho, amending Republic Services Fee Schedule pursuant to the Solid Waste Contract Recycling Collection Services as stated in Section 4.2 A. “Customer Rates – Establishment” and providing for effective date. The CPI rate adjustment based on the Consumer Price Index will be no more than 1.636%. Public Comment will be taken on this item. (SR) B. Option to Purchase Real Property – Orville and Floy Jackson House, Sharon L. Sharp. Public Comment will be taken on this item. (SR) CITY COUNCIL AGENDA December 13, 2016 5:30 P.M. Page 4 of 4 C. Request for Reconsideration of AA-03-16 – Appeal of AI-1-15 Administrative Findings, Conclusions, and Conditions – Idaho Materials and Construction (IMC): IMC, represented by David Krueck with GBSO Law is requesting reconsideration of the Council’s decision regarding the above-referenced matter. Appeal Description: IMC, represented by David Krueck with GBSO Law, is appealing the Zoning Administrator’s Administrative Findings, Conclusions, and Conditions regarding the nonconforming use conditions established in response to neighbor complaints received against IMC. The IMC site is located on the south side of State Highway 44, south of the intersection of State Highway 44 and State Highway 55, at 2755 E. State Street. (WEV) D. Ordinance 763 – Rezone (Nickel): An ordinance changing the zoning classification of the real property described herein from R-4 (residential) classification to CBD-DA (Central Business District with a Development Agreement); amending the zoning map of the city of eagle to reflect said change; and providing an effective date. The property is located at 247 North Eagle Road. (WEV) E. Ordinance 764 – Rezone (Stillwater): An ordinance changing the zoning classification of the real property described herein from BP-DA (Business Park with a Development Agreement) classification to MU-DA (Mixed Use with a Development Agreement); amending the zoning map of the City of Eagle to reflect said change; and providing an effective date. The property is located at 2505 West State Street. (WEV) F. Resolution 16-36 – Stan Ray Vacation - Colony II: A resolution of the Eagle City Council to vacate a drainage and irrigation easement located within Lot 2, Block 4 (Colony II Subdivision) was shown on the attachments hereto; and providing an effective date. (WEV) G. Resolution 16-37 – Coleman Vacation - Irish Acres: A resolution of the Eagle City Council to vacate the public utility, irrigation, and drainage easements between Lots 1 and 3 -6, Block 1 (Irish Acres Subdivision) as shown on the attachments hereto; and providing an effective date. (WEV) H. Resolution 16-38 – Resolution to Adopt Ada County Multi-Hazard Mitigation Plan: A resolution of the Eagle City Council, Eagle, Ada County, Idaho providing for the adoption of the Ada County Multi-Hazard Mitigation Plan. (WEV) 13. 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. 14. REPORTS: A. Mayor and Council Reports: B. City Hall Department Supervisor Reports: C. City Attorney Report: D. City of Eagle Police Chief Report: 15. ADJOURNMENT: The City will make reasonable accommodations for anyone attending this meeting who require special assistance for hearing, ph ysical 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.