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Agenda - 2019 - City Council - 03/26/2019 - RegularTHE CITY OF EAGLE CITY COUNCIL AGENDA Eagle City Hall, 660 E. Civic Lane March 26, 2019 5:30 p.m. Page 1 of 4 K:\COUNCIL\AGENDA\2019 INVOCATION: 1. CALL TO ORDER: 2. ROLL CALL: BASTIAN, GOLD, PITTMAN, MITCHELL. 3. PLEDGE OF ALLEGIANCE: 4. PRESENTATIONS: A. ITD presentation on US 20/26 Corridor plan. (NBS) 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. ALL CONSENT ITEMS ARE CONSIDERED ACTION ITEMS: 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. Re-appointment to the Design Review Board: In accordance with Resolution 14-19, Mayor Ridgeway is requesting Council confirmation of the re-appointment of Louis Germano to the Board. Mr. Germano will be serving a three (3) year term that will expire April 2022. C. Arbor Day Proclamation: A proclamation of the City of Eagle declaring April 25, 2019 as Arbor Day. (SR) D. Firebird Raceway Day Proclamation: A Proclamation honoring Firebird Raceway, the first drag-strip in the United States to achieve the honor of a listing on the National Register of Historic Places and proclaiming March 31, 2019 Firebird Raceway Day. (SR) E. Eagle Fun Days Noise Waiver: The City of Eagle Community Enhancement Coordinator is requesting a noise waiver from the Mayor and Council to extend the time from 10:00 pm to Midnight on Saturday, July 6, 2019 for Eagle Fun Days. (SR) F. March 11, 2019 CC Special Meeting Minutes. (SKB) G. March 12, 2019 CC Meeting Minutes. (SKB) H. Resolution No. 19-14: Action authorizing the Mayor and City Clerk to execute three (3) deeds of recreational, pedestrian and bicycle pathway easements and maintenance agreements. (SR) CITY COUNCIL AGENDA March 26, 2019 5:30 p.m. Page 2 of 4 I. DR-09-16 MOD3 – Modification to the Trash Enclosure and Parking Lot Configuration for Epic Shine Car Wash in Eagle Promenade Shopping Center – Epic Shine II, LLC: Epic Shine II, LLC, represented by Paul Hilbig with Zoke Group, is requesting design review approval to relocate the trash enclosure and modify the parking lot landscape islands at Epic Shine Car Wash. The 1.16-acre site is located on the northeast corner of East State Street and State Highway 55 at 2836 East State Street within the Eagle Promenade Shopping Center, Lot 4, Block 1 of Yes Subdivision. (WEV) J. DR-10-19 - Common Area Landscaping within Corrente Bello Subdivision No. 3 - D & N Investments: D & N Investments, represented by Mark Butler, is requesting design review approval of the common area landscaping within Corrente Bello Subdivision No. 3. The 9.58- acre site is located on the north side of West Floating Feather Road approximately 340-feet west of North Moon Bello Way at 1400 West Floating Feather Road. (WEV) K. Findings of Fact and Conclusions of Law for CU-10-18 – Senior Assisted Living Facility and Waiver Pursuant to Idaho Code 67-6512(f) – Rick Bennett: Rick Bennett, represented by Caroline Moore with BrightStar Care, is requesting conditional use permit approval for a Senior Assisted Living Facility and a waiver pursuant to Idaho Code 67-6512(f). The .51-acre site is located on the south side of West Prickly Pear Drive approximately 120-feet west of the intersection of North Park Lane and West Prickly Pear Drive at 4073 West Prickly Pear Drive (Lot 29, Block 10 Senora Creek Subdivision No. 3). (WEV) L. Resolution No. 19-15 (Williamson River Ranch Vacation): A resolution of the Eagle City Council to vacate all or a portion of the rear public utility, irrigation, and drainage easements and the side lot line public utility, irrigation, and drainage easements located adjacent to common areas on Blocks 2, 3, 4, and 5, Williamson River Ranch Subdivision No. 1, as shown on the attachments hereto; and providing an effective date. The 33.09-acre site is generally located at the eastern terminus of East Island Woods Drive. (WEV) M. Fireworks America Contract: A request to authorize the Mayor to sign a contract with Fireworks America to provide fireworks for the Eagle Fun Days 2019 event. (SR) N. Marie A. Strode Day Proclamation: Honoring the centenarian (100th) birthday of Ms. Strode, this proclamation declares April 13, 2019 Marie A. Strode Day in the City of Eagle. (SR) O. Appointment to the Eagle Historic Preservation Commission: Mayor Ridgeway is requesting Council confirmation of the appointment of Erica Valentine to the Commission. Ms. Valentine will be serving a term that will expire in June 2020. (SR) P. Appointment to the Eagle Historic Arts Commission: Mayor Ridgeway is requesting Council confirmation of the appointment of Alan Slotkin to the Commission. Dr. Slotkin will be serving a term that will expire in February 2021. (SR) Q. Re-appointment to the Planning and Zoning Commission: In accordance with Resolution 14-19, Mayor Ridgeway is requesting Council confirmation of the re-appointment of Theresa Johnson to the Commission. Ms. Johnson will be serving a three (3) year term that will expire April 2022. (SR) 8. RECOGNITION: Presentation of Proclamations. (SR) 9. UNFINISHED BUSINESS: A. ACTION ITEM: AA-02-18 – Appeal of Zoning Administrator’s decision regarding noncompliant front yard fence – S. Max Brown: S. Max Brown is appealing the Zoning Administrator’s Decision to require the removal of a six foot tall cedar fence recently constructed in the front yard of the residence located at 1825 W. Beacon Light Road. The property is located on the south side of W. Beacon Light Road approximately 400-feet east of Ballantyne Lane. (WEV) CITY COUNCIL AGENDA March 26, 2019 5:30 p.m. Page 3 of 4 B. ACTION ITEM: Merrill Park Playground and Splash Pad Presentation: Mayor’s recommendation for Merrill Park Playground and Splash Pad updates for final decision City Council. (BJ/EZ) 10. PUBLIC HEARINGS: Public hearings will not begin prior to 6:00 p.m.  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.  Disclosure of ex parte and/or conflict of interest. A. ACTION ITEM: A PUBLIC HEARING FOR CONSIDERATION OF AN AMENDMENT TO THE 2018/2019 FISCAL YEAR BUDGET BY APPROPRIATING ADDITIONAL MONIES RECEIVED BY THE CITY OF EAGLE, PROPOSED TOTAL REVENUE $2,738,949.00, PROPOSED TOTAL EXPENDITURES $2,738,949.00. (SR/SKB) A.1. ACTION ITEM: Ordinance No.806: An Ordinance of the City of Eagle, amending the annual appropriation Ordinance No. 796 for the fiscal year beginning October 1, 2018 to reflect the receipt of unscheduled revenues, increasing and establishing the appropriations for expenditures in the general fund, capital projects fund, recreation, community enhancement, eagle fun days, arts commission, library, museum and water department, providing that the tax levy upon taxable property within the City of Eagle is not affected hereby providing that all ordinances in conflict herewith are repealed to the extent of such conflict and providing that the Ordinance shall be in effect upon its publication date. (SR/SKB) 11. NEW BUSINESS: A. ACTION ITEM: Ordinance No. 811 (Wittman): An ordinance changing the zoning classification of the real property described herein from A-R (Agricultural-Residential) to R-E (Residential- Estates); amending the zoning map of the City of Eagle to reflect said change; and providing an effective date. The 4.33-acre site is located on the north side of West Floating Feather Road approximately 440-feet east of the intersection of North Meridian Road and West Floating Feather Road at 2924 West Floating Feather Road. (WEV) B. ACTION ITEM: Ordinance No. 812 (Hoot Nanney Farms): An ordinance annexing certain real property situated in the unincorporated area of Ada County, Idaho, and co ntiguous to the corporate limits of the City of Eagle, to the City of Eagle, Idaho; changing the zoning classification of said real property described herein from RUT (Rural -Urban Transition) to MU- DA (Mixed Use with a development agreement) and R-2-DA (Residential with a development agreement); amending the zoning map of the City of Eagle to reflect said change; directing that copies of this ordinance be filed as provided by law; and providing an effective date. The 89.85- acre site is located on the east side of State Highway 16 at the northeast corner of the intersection of State Highway 16 and West Floating Feather Road. (WEV) C. ACTION ITEM: Ordinance No. 813 (Hollyhock Estates): An ordinance annexing certain real property situated in the unincorporated area of Ada County, Idaho, and contiguous to the corporate limits of the City of Eagle, to the City of Eagle, Idaho; changing the zoning classification of said real property described herein from RUT (Rural-Urban Transition) to R-2- DA (Residential with a development agreement); amending the zoning map of the City of Eagle to reflect said change; directing that copies of this ordinance be filed as provided by law; and providing an effective date. The 6.72-acre site is located on the east side of North Lanewood Road approximately 770-feet north of the intersection of West Floating Feather Road and North Lanewood Road at 2220 North Lanewood Road. (WEV) CITY COUNCIL AGENDA March 26, 2019 5:30 p.m. Page 4 of 4 D. ACTION ITEM: Dedication and Impact Fee Agreement and Linder Construction Reimbursement Agreement – Linder Project, LLC: Linder Project, LLC, represented by Deborah Nelson with Givens Pursley, LLP, is requesting approval of the Dedication and Impact Fee Agreement and Linder Construction Reimbursement Agreement associated with the construction of the sportsman’s access and restroom facility located within the Linder Project. The 22.17-acre site is generally located at the southwest corner of West Old Valley Road and North Linder Road. 12. 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 it ems) 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. 13. REPORTS: A. Mayor and Council Reports: B. City Hall Department Supervisor Reports: 1. City Clerk/Treasurer Bergmann: Monthly Financial Report-February 2019 C. City Attorney Report: 14. 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.