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Agenda - 2019 - City Council - 04/23/2019 - Regular (2)THE CITY OF EAGLE CITY COUNCIL AMENDED AGENDA Eagle City Hall, 660 E. Civic Lane April 23, 2019 5:30 p.m. Page 1 of 4 cc-04-23-19ag INVOCATION: 1. CALL TO ORDER: 2. ROLL CALL: BASTIAN, GOLD, PITTMAN, MITCHELL. 3. PLEDGE OF ALLEGIANCE: 4. SERVICE RECOGNITION A. Recognition of Dan Friend for his service on the Parks, Pathways, and Recreation Commission. 5. REPORTS A. Eagle Prosecuting Attorney: The Boise City Prosecuting attorney will provide a summary of services. B. Republic Services: Rachele Klein with Republic Services will present information regarding a proposed rate increase for commercial recycling. 6. PUBLIC COMMENT 1: 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 and land use items. Comments regarding Public Hearing and land use 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 and land use 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. 7. ADDITIONS, DELETIONS OR MODIFICATIONS TO THE AGENDA: A. City Staff requests. B. Mayor or City Council requests. 8. 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. Kids to Parks Day Proclamation. (SR) C. Settlement Agreement between Staker and Parson Companies and the City of Eagle. (WEV) D. Memorial Bench for Morris “Butch” Hull: Request for Council approval of a memorial bench to be located at Merrill Park. E. Minutes of April 9, 2019. F. Appointment to the Eagle Community Foundation Board: Mayor Ridgeway is seeking Council confirmation of the appointment of Pastor Brad Murphy to the Eagle Community Foundation Board. (SR) G. Lease Agreement for Sno-Cone Vendor to Sell Product at Merrill Park from May 1 - August 31, 2019. Company name Treasure Valley Tropical Sno Dealership, LLC. (EZ) CITY COUNCIL AMENDED AGENDA April 23, 2019 5:30 p.m. Page 2 of 4 cc-04-23-19ag H. Lease Agreement for Sno-Cone Vendor to Sell Product at Guerber Park from May 1 - August 31, 2019. Company name Snow Shacks of Idaho, LLC. (EZ) I. Lease Agreement for Sno-Cone Vendor to Sell Product at Heritage Park from May 1 – August 31, 2019. Company name Kona-Ice Boise/Nampa. (EZ) J. 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) K. DR-20-19 – Common Area Landscaping within Lakemoor Subdivision Nos. 9 and 10 – Rodney Evans + Partners, PLLC: DA Land, Inc., represented by Rodney Evans with Rodney Evans + Partners, PLLC, is requesting design review approval of the common area landscaping within Lakemoor Subdivision Nos. 9 and 10. The 7.34-acre site is located on the southeast corner of East Colchester Drive and East Fishing Creek Road. (WEV) L. FP-02-19 - Final Plat for Lakemoor Subdivision No. 9 – DA Land, Inc.: DA Land, Inc., represented by Dan Torfin, is requesting final plat approval for Lakemoor Subdivision No. 9, an 18-lot (16-buildable and 2-common) residential subdivision. The 3.44-acre site is located on the southeast corner of East Colchester Drive and East Fishing Creek Road. (WEV) M. Findings of Fact and Conclusions of Law for CU-08-18 – Indoor Commercial Entertainment Facility and Waivers Pursuant to Idaho Code 67-6512(f) – Robert J. Malin: Robert J. Malin is requesting conditional use permit approval for an indoor commercial entertainment facility (video golf) and waivers pursuant to Idaho Code 67-6512(f). The 0.30- acre site is located on the north side of East State Street approximately 585-feet west of the intersection of North Parkinson Street and East State Street at 2250 East State Street. (WEV) N. Findings of Fact and Conclusions of Law for DR-06-93 MOD – Change of Use from Retail to Retail and Indoor Commercial Entertainment Facility, including a Building Addition for Golf Your Way – Golf Your Way: Golf Your Way, represented by Joe Rausch with Wright Brothers The Building Company, is requesting design review approval to change the use of the building from retail to retail and indoor commercial entertainment facility, including the construction of a 2,300-square foot indoor training and club testing facility. The 0.30-acre site is located on the north side of East State Street approximately 585-feet west of the intersection of North Parkinson Street and East State Street at 2250 East State Street. (WEV) O. Findings of Fact and Conclusions of Law for FPUD-02-19/FP-03-19 – Final Development Plan and Final Plat for Lanewood Subdivision No. 5 – Smith Brighton, Inc.: Smith Brighton, Inc., represented by Kameron Nauahi, is requesting final development plan and final plat approvals for Lanewood Subdivision No. 5, a 40-lot (34-buildable, 6-common) residential subdivision. The 20.6-acre site is located on the east side North Lanewood Road approximately 400-feet north of the intersection of North Lanewood Road and West Floating Feather Road. (WEV) P. Award of BMX Parking Lot Bid: Award of the BMX Parking lot bid to Diamond Contractors LLC., for an amount not to exceed $276,748.00. (EZ) Q. Resolution No. 19-17 Authorizing Archiving of Public Records. (SKB) R. Proclamation- 50th Anniversary of Municipal Clerk’s Week. (SKB) 9. UNFINISHED BUSINESS: None CITY COUNCIL AMENDED AGENDA April 23, 2019 5:30 p.m. Page 3 of 4 cc-04-23-19ag 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: CU-06-18/PPUD-04-18/PP-10-18 – Wild Rose Planned Unit Development – Marty Camberlango: Marty Camberlango is requesting conditional use permit, preliminary development plan, and preliminary plat approvals for Wild Rose Subdivision, a 13-lot (9-buildable, 4-common) residential planned unit development. The 3.3-acre site is located on the south side of East Hill Road approximately 535-feet east of the intersection of North Edgewood Lane and East Hill Road. (WEV) This item was continued from the April 9, 2019 meeting. The public hearing remains open. B. ACTION ITEM: CU-05-18/PPUD-03-18/PP-09-18 - Snoqualmie River Subdivision No. 3 Planned Unit Development - White Sturgeon, LLC: White Sturgeon, LLC, represented by Caleb LaClair, P.E., with T-O Engineers, is requesting conditional use permit, preliminary development plan, and preliminary plat approvals for Snoqualmie River Subdivision No. 3, a 72-lot (62- buildable, 10-common) residential planned unit development. The 27.03-acre site is located on the east side of State Highway 16 approximately 2,215-feet south of the intersection of State Highway 16 and West Floating Feather Road. (WEV) C. ACTION ITEM: CU-03-19 – Continuation of Mobile Home Use on a Lot with Existing Single- Family Dwelling and Front Setback Waiver Pursuant to Idaho Code 67-6512(f) – Wayne and Glenda Moe: Wayne and Glenda Moe are requesting conditional use permit approval to permit the continuation of the use of a mobile home (occupied by a family member) on the same lot as an existing single-family dwelling. The applicant is also requesting conditional use permit approval of a setback waiver to allow the existing mobile home (which is located within the required front yard setback) to remain until it is removed. The 1.48-acre site is located on the south side of West Beacon Light Road approximately 568-feet west of the intersection of North Eagle Road and West Beacon Light Road at 345 West Beacon Light Road. (WEV) 11. NEW BUSINESS: None 12. PUBLIC COMMENT 2: 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 and land use items. Comments regarding Public Hearing and land use 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 and land use 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. 13: EXECUTIVE SESSION: A. 74-206. Executive sessions —Pending and/or threatened litigation. When authorized. [effective until July 1, 2020] (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 CITY COUNCIL AMENDED AGENDA April 23, 2019 5:30 p.m. Page 4 of 4 cc-04-23-19ag 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: (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 14. REPORTS: A. Mayor and Council Reports: B. City Hall Department Supervisor Reports: C. City Attorney Report: 15. 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.