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Agenda - 2020 - City Council - 09/22/2020 - RegularTHE CITY OF EAGLE CITY COUNCIL AGENDA Eagle City Hall, 660 E. Civic Lane September 22, 2020 5:30 p.m. INVOCATION: 1. CALL TO ORDER: 2. ROLL CALL: BAUN, GOLD, PIKE, PITTMAN. 3. PLEDGE OF ALLEGIANCE: 4. REPORTS: A. Mayor and Council Reports: B. City Hall Dept intent Supervisor Reports: C. City Attorney Report: 5. PUBLIC COMMENT 1: The Eagle City Council is taking remote public comment via Webex. Meeting login instructions are posted on httns://www.citvofea2le.org/1698/Virtual-Meetin2s. If you just want to watch the meeting, without giving comment, please watch our livestream at httns://www.citvofeagle.or2/305/City-Agendas-Videos. 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. 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. Resolution 20-14: Authorizing the destruction of temporary public records: (ES) C. Resolution 20-15: Authorizing the destruction of temporary public records. (ES) D. Resolution 20-16: Authorizing the destruction of semi -permanent public records. (ES) E. Resolution 20-17: Authorizing the destruction of permanent public records. (ES) F. Joint Powers Agreement between Ada County Sheriff's Office and the City of Eagle relating to Law Enforcement Services FY 2020/2021. Approval of an agreement between the City of Eagle and the Ada County Sheriff's Office in an amount not to exceed $3,213833.83 for fiscal year 2020-2021. (JP) G. Animal Welfare and Enforcement Agreement between Eagle and the Idaho Humane Society (aka: Animal Control Contract) FY 2020/2021: Approval of an agreement between the City of Eagle and the Idaho Humane Society in an amount not to exceed $137,684 for fiscal year 2020-2021. (JP) H. Prosecution Services Agreement FY 2020/2021: Approval of an agreement between Ada County, the Ada County Prosecuting Attorney's Office, and the City of Eagle relating prosecution service in an amount not to exceed $64,000 for fiscal year 2020-2021. (JP) Page 1 of 4 cc-09-22-20ag CITY COUNCIL AGENDA September 22, 2020 5:30 p.m. I. Minutes for August 20, 2020. (TEO) J. Minutes of September 2, 2020. (TEO) K. Minutes of September 3, 2020. (SH) L. Minutes of September 8, 2020. (TEO) M. Resolution 20-23: Update to the Water Department Supplemental Standards for Public Works Construction. The City of Eagle Water Depaitinent is requesting an update to the already existing City supplemental standards to bring them in line with current materials and procedures. (KA) N. Findings of Fact and Conclusions of Law for the approval of CU-03-20 - Senior Assisted Living Facility (aka Nursing/Convalescent Home) and a 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 10-bed nursing/convalescent home. The applicant is also requesting conditional use permit approval of a waiver, [in accordance with Idaho Code §67-6512(f)], of Eagle City Code Section 8-3-2 (F), (Requirement for facility to be located adjacent to an arterial or collector roadway). The .51-acre site (Lot 29, Block 10 Senora Creek Subdivision No. 3) 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. (DCL) O. Findings of Fact and Conclusions of Law for the approval of RZ-02-20 MOD — Development Agreement Modification — Bob Lewis: Cameron General Contractors, represented by Charles Baverman III with Dinsmore & Shohl, LLP, is requesting a development agreement modification for the rezone associated with the Willow Run Retirement Community. The request is to remove condition of development #3.6 which requires all mechanical units to be roof mounted. The 10.44-acre site is located on the east side of North Linder Road approximately 90-feet south of the intersection of West Temple Drive and North Linder Road at 6910 and 6940 North Linder Road. (MJW) P. DR-22-20 — Multi -tenant Flex Space Building — D&N Investments. LLC: D&N Investments, LLC, represented by Dave Buich, is requesting design review approval for a 14,000-square foot, eight -unit, multi -tenant flex space building. The 0.60-acre site is located on the south side of East Dunyon Street approximately 660-feet west of the intersection of South Parkinson Street and East Dunyon Street at 2177 East Dunyon Street. (ERG) Q. DR-37-20 — Master Sign Plan for a Multi -tenant Flex Space Building — D&N Investments, LLC: D&N Investments, LLC, represented by Dave Buich, is requesting design review approval for a master sign plan for a multi -tenant flex space building. The 0.60-acre site is located on the south side of East Dunyon Street approximately 660-feet west of the intersection of South Parkinson Street and East Dunyon Street at 2177 East Dunyon Street. (ERG) R. DR-31-15 MOD — Modification to the Common Area Landscaping within Warrior Park Subdivision — Bob Wood: Bob Wood, represented by Nancy Merrill, is requesting design review approval to modify the common area landscaping around two residential lots (formerly commercial lots) within Warrior Park Subdivision (fka Liberty Park Subdivision). The 3.79- acre site is located on the southeast corner of West Flint Drive and North Park Lane (Lots 2-3, Block 1, Warrior Park Subdivision). (ERG) S. Resolution 20-24 — Police and Fire Impact Fees: A resolution amending Chapter 4, Utilities, Facilities & Services, Section 3 - Police Protection, and section 4, Fire Protection of the 2017 Eagle Is HOME Comprehensive Plan. (NBS) T. Appointment to the Eagle Urban Renewal Agency: In accordance with Resolution 14-19, Mayor Pierce is requesting Council confirmation of the appointment of a new member to the Eagle Urban Renewal Agency to fill a term that would end in January of 2023. Page 2 of 4 cc-09-22-20ag CITY COUNCIL AGENDA September 22, 2020 5:30 p.m. U. Amendment to Memorandum of Agreement between City and EURA for the Design of Additional Streetscape and Sidewalk in Downtown: Amendment for an extension of time on the original MOA between the City and EURA for additional streetscape and sidewalk design for downtown. (NBS) V. Amendment to Memorandum of Agreement between City and EURA for Cost -Share of Design for Sidewalk and Streetscape along Eagle Rd and State Street: Amendment for an extension of time on the original cost -share MOA between the City and EURA for design of sidewalk and streetscape along Eagle Road and State Street. (NBS) W. Memorandum of Agreement between the EURA and the City of Eagle for Services: Memorandum of Agreement for the City to provide administrative and support services to the Agency, when necessary, and for the EURA to reimburse the City for such costs. (RRC) X. Domestic Violence Awareness Month Proclamation: A proclamation declaring October 2020 as Domestic Violence Awareness Month in Eagle. (JP) Y. Memorial Bench for Eagle Council of Wisdom: Request for Council approval of a memorial bench to be located at Plaza Park. (HC) Z. Appointment to the Eagle Arts Commission: In accordance with Resolution 14-19, Mayor Pierce is requesting Council confirmation of Jennifer Mangiantini to the Eagle Arts Commission to fill a vacated term that ends February of 2022. (JP) AA. Appointment to the Eagle Arts Commission: In accordance with Resolution 14-19, Mayor Pierce is requesting Council confirmation of Jane Klosterman to the Eagle Arts Commission to fill a vacated term that ends February of 2021. (JP) 8. UNFINISHED BUSINESS: None 9. PUBLIC HEARINGS: Public hearings will not begin prior to 6: 00 p.m. The Eagle City Council is taking remote public testimony via Webex. Meeting login instructions are posted on httns://www.citvofeagle.org/1698Nirtual-Meetings. If you just want to watch the meeting, without giving testimony, please watch our livestream at httns://www.citvofeag le.org /305/City-Ag endas- Videos. • 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: Resolution No. 20-19 — Fee Schedule Update for the Building, Library, Parks and Recreation and Water Departments and for Police and Fire Impact Fees: A resolution amending Fee and Deposit Schedules for the Building, Library, Parks and Recreation and Water Departments and for Police and Fire Impact Fees (a subset of the City of Eagle Combined Fee Schedule) in accordance with Eagle City Code Section 1-7-4 to update and establish new fees charged for services; and providing an effective date. (TO) B. ACTIONITEM.RZ-08-20 — Rezone from A-R (Agricultural -Residential) to MU-DA (mixed Use with a Development Agreement fin lieu of a conditional use permit]) — Hatch Design Architecture: Hatch Design Architecture, represented by Jeff Hatch, is requesting a rezone from A-R (Agricultural -Residential) to MU-DA (Mixed Use with a development agreement [in lieu of a conditional use permit]) to allow for a storage facility (with reduced setbacks) and a residential use. The 7.3-acre site is located on the south side of West State Street approximately 400-feet west of the intersection of South Payette Way and West State Street at 1601 West State Street. (MJW) Page 3 of 4 cc-09-22-20ag CITY COUNCIL AGENDA September 22, 2020 5:30 p.m. C. ACTION ITEM: A-06-20/RZ-09-20 & PP-04-20 — Annexation and Rezone (with a development agreement) from RUT to R-2-DA and Preliminary Plat for Brush Creek Subdivision — Tyler Frazier: Tyler Frazier, represented by Lance Daniels with The FCI Group, Inc., is requesting an annexation, rezone from RUT (Residential -Urban Transition — Ada County designation) to R-2- DA (Residential with a development agreement) and preliminary plat approvals for Brush Creek Subdivision, a 20-lot (16-buildable, 4-common) residential subdivision. The 10-acre site is located on the west side of North Park Lane approximately one-half mile north of West Floating Feather Road at 2055 North Park Lane. (DCL) 10. NEW BUSINESS: None. 11. PUBLIC COMMENT 2: The Eagle City Council is taking remote public comment via Webex. Meeting login instructions are posted on httns://www.citvofeagle.org/1698/Virtual-Meetings. If you just want to watch the meeting, without giving comment, please watch our livestream at httns://www.citvofeagle.org/305/City-Agendas-Videos. 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. 12. EXECUTIVE SESSION: I.C. §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 (f) - Pending/Threatened litigation: 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; B. ACTION ITEM.: Council action post executive session. 13. 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. Page 4 of 4 cc-09-22-20ag