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Agenda - 2019 - City Council - 05/28/2019 - RegularTHE CITY OF EAGLE CITY COUNCIL AGENDA Eagle City Hall, 660 E. Civic Lane May 28, 2019 5:30 p.m. Page 1 of 4 cc-05-28-19ag INVOCATION: 1. CALL TO ORDER: 2. ROLL CALL: BASTIAN, GOLD, PITTMAN, MITCHELL. 3. PLEDGE OF ALLEGIANCE: 4. RECOGNITION: A. The City of Eagle is pleased to present the second annual City of Eagle Youth Scholarship. This fund is presented to outstanding Eagle students continuing their education this fall. Congratulations and good luck on your future endeavors. 2019 scholarship recipients: Jarom Biberston, Michele Carter Cram, Katherine Rodeghiero, and Alyssa VanWagenen. B. Eagle Police Chief Pat Calley will present achievement awards to citizens 5. REPORTS: A. Eagle Police Monthly Report: Eagle Police Chief Pat Calley will present a monthly report and staffing updates B. Library Summer Reading Program Report: Eagle Library’s Lifelong Education Manager Brenda Pritchard will present 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 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, land use application, 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. 7. EXECUTIVE SESSION: A. 74-206. Executive sessions — Acquire interest in a real property. 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 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: (c) To acquire an interest in real property which is not owned by a public agency 8. ADDITIONS, DELETIONS OR MODIFICATIONS TO THE AGENDA: A. City Staff requests. B. Mayor or City Council requests. CITY COUNCIL AGENDA 5:30 p.m. Page 2 of 4 cc-05-28-19ag 9. 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 Re view 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 May 14, 2019. (SKB) C. License Agreement for maintenance of pathway in the City of Eagle: License agreement grants the City of Eagle access to cross parcel #135 owned by Boise Hunter Homes (BHH) Investments II LLC to maintain the greenbelt pathway. The parcel is on East Riverside Drive. (SR) D. DR-23-19 – Two Monument Signs, One Building Wall, and Three Fuel Island Canopy Signs for Great Scott – Great Scott: Great Scott, represented by Daniel Conlin with Idaho Electric Signs, is requesting design review approval for two monument signs, one building wall sign, and three fuel island canopy signs. The 0.93-acre site is located on the southeast corner of East Hill Road and SH-55 at 2805 and 2809 East Hill Road. (WEV) E. Findings of Fact and Conclusions of Law for FPUD-05-19 & FP-06-19 – Final Development Plan and Final Plat for Tramonto Subdivision (fka Corrente B ello Subdivision No. 3) – D & N Investments: D & N Investments, represented by Derritt Kerner with Rock Solid Civil, is requesting final development plan and final plat approvals for Tramonto Subdivision (fka Corrente Bello Subdivision No. 3), a 15 -lot (12-buildable, 1- existing house, 2-common)(a re-subdivision of Lot 20, Block 2, Corrente Bello Subdivision No. 1) residential subdivision. The 9.58-acre site is located on the north side West Floating Feather Road approximately ½-mile west of Eagle Road at 1400 West Floating Feather Road. (WEV) F. FPUD-01-19 & FP-01-19 – Final Development Plan and Final Plat for Creighton Woods Subdivision – Creighton Woods Development, Inc.: Creighton Woods Development, Inc., represented by Tamara Thompson with The Land Group, Inc., is requesting final development plan and final plat approvals for Creighton Woods Subdivision, a 64 -lot (58- buildable, 6-common), residential subdivision. The 50.92-acre site is located south of the South Channel of the Boise River between the terminus of West Oakhampton Drive on the east and the terminus of East Clear Creek Drive on the west. (WEV) G. Minutes of May 17, 2019. (SKB) 10. UNFINISHED BUSINESS: A. ACTION ITEM: Acquisition of real property not owned by another public agency identified as parcel no. R5748000060 and parcel no. R5748000034, also known as The Landing. 11. 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. CITY COUNCIL AGENDA 5:30 p.m. Page 3 of 4 cc-05-28-19ag A. ACTION ITEM: RZ-04-18 MOD – Rezone Development Agreement Modification – Madera Development, Inc.: Madera Development, Inc., represented by Sabrina Durtschi with KM Engineering, LLP, is requesting a modification to the rezone development agreement associated with the approved Bellemeade Subdivision. The request is to modify the front yard setback identified in the previously approved Condition of Development 3.4. The 10.99-acre site is located on the north side of West Flint Drive at the northeast corner of West Flint Drive and North Park Lane at 3850 West Flint Drive and 312 North Park Lane. This item was continued from the May 14, 2019, City Council meeting. (WEV) B. ACTION ITEM: RZ-01-19 – Rezone from R-1 to R-3 – Evans Subdivision Nos. 2 & 3 – City of Eagle: On behalf of the residents of Evans Subdivision Nos. 2 and 3, the City of Eagle, represented by William Vaughan, AICP, is requesting a rezone from R-1 (Residential) to R-3 (Residential) to provide the residents within the area the option to utilize the setbacks within the R-3 zoning district. The approximately 14.33-acre residential subdivision is located 530-feet north of Hill Road and on the east and west sides of North Dicky Drive. (WEV) C. ACTION ITEM: VAC-02-19 – Vacation to the final plat of Lakemoor Commercial Subdivision and Lakemoor Commercial South Subdivision – GRH Lakemoor, LLC: GRH Lakemoor, LLC, represented by Sabrina Durtschi with KM Engineering, LLP, is requesting a partial vacation of three (3) utility easements located within Lot 8, Block 1, Lakemoor Commercial Subdivision and Lot 4, Block 1, Lakemoor Commercial South Subdivision. The 24.43-acre site (consisting of both subdivisions) is located on the east side of South Eagle Road between East Eagles Gate Drive and East Colchester Drive. (WEV) 12. NEW BUSINESS: A. ACTION ITEM: Resolution 19-20 (Lakemoor Commercial South Subdivision Vacation): A resolution of the Eagle City Council to vacate a portion of a utility, easement co-situate with Lot 4, Block 1, Lakemoor Commercial South Subdivision, as shown on the attachments hereto; and providing an effective date. (WEV) B. ACTION ITEM: Resolution 19-21 (Lakemoor Commerical Subdivision Vacation): A resolution of the Eagle City Council to vacate a portion of a utility, easements co-situate with Lot 8, Block 1, Lakemoor Commercial Subdivision, as shown on the attachments hereto; and providing an effective date. (WEV) C. ACTION ITEM: Request for Fee Waiver: A request by Andrea D. Carroll, with Carroll Law, PPLC, representing Paul Villaret, Jon Scott, Phil Carney, Judith Robinson, Michael Colby, and Caterina Lasome, to waive the fee associated with the group’s Request for Reconsideration of RZ-07-18/CU-03-18/PPUD-02-18/PP-06-18 – Rezone with a Development Agreement, Conditional Use Permit, Preliminary Development Plan, and a Preliminary Plat for Molinari Park Subdivision – Eagle 26, LLC. 13. 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. CITY COUNCIL AGENDA 5:30 p.m. Page 4 of 4 cc-05-28-19ag 14. 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 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 15. REPORTS: A. Mayor and Council Reports: B. City Hall Department Supervisor Reports: 1. City Clerk/Treasurer Report: a. City Clerk/Treasurer Bergmann presents the April Financial Report. b. Schedule a Special Meeting – Budget Discussion. C. City Attorney Report: 16. 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.