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Agenda - 2022 - City Council - 05/24/2022 - Regular THE CITY OF EAGLE CITY COUNCIL 1 AGENDA 0,0 !h Eagle City Hall, 660 E. Civic Lane, Idaho May 24, 2022 5:30 PM 1. CALL TO ORDER: 2. ROLL CALL: GINDLESPERGER, BAUN,PIKE, RUSSELL. 3. PLEDGE OF ALLEGIANCE: 4. ADDITIONS, DELETIONS OR MODIFICATIONS TO THE AGENDA: 5. REPORTS: A. Mayor and Council Reports: B. City Hall Department Supervisor Reports: 1. City Treasurer, Financial Reports for April 2022 C. City Attorney Report: 6. PUBLIC COMMENT 1: The Eagle City Council is taking both in-person and remote public comment via WebEx. meeting login instructions are posted on https://www.cityofeagle.org/1698/Virtual-Meetings . If you just want to watch the meeting,without giving comment,please watch our livestream at https://www.cityofeagle.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 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. ALL CONSENT AGENDA 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 deteiiuined 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 May 5, 2022. (TEO) C. Eagle Greenbelt Trail and Repairs -Pay Application No. 2- TDXPower Services LLC.: - Authorization of Payment to TDX Power Services, LLC,in the amount of$225,031.25 for the partial completion of Project CM-2 (Greenbelt Bank & Trail Repairs and Mitigations), awarded by Council on 2/8/2022 for a total cost of$1,397,020.00. (STN) D. Authorization of use of ARPA Funds-Purchase of interior digital signage for City Hall: Staff is requesting Council approval of the purchase of devices, hardware and software for digital display devices to be utilized at City Hall. The cost shall not exceed $4,000. Approved purchasing procedures will be followed for all expenditures. Staff is recommending the use of ARPA funds for this expenditure. (DNG& TEO) E. Authorization to use ARPA funds to enhance and upgrade security measures for Eagle City Hall. The City has received an estimate of$14,309.71 from Integrated Security Resources, Inc., to replace the existing Intrusion Alain"Panel and Keypads with Bosch, add devices for new areas, and add a wireless receiver for panics. Approved purchasing procedures shall be followed for all expenditures. (DNG& KR) F. Authorization to use ARPA funds to enhance security to the City of Eagle Museum. The City has received an estimate of$2,894.85 from Integrated Security Resources, Inc., to add a camera, a wireless panic button and a high powered wireless repeater to communicate with the alarm panel in City Hall. Approved purchasing procedures shall be followed for all expenditures.(DNG&KR) G. Authorization of use of ARPA Funds-Fiber Optic Project: Staff is requesting Council approval of dedication of ARPA funds in an amount not to exceed $118,776.48 for the purchase of fiber optic vaults to be used for the fiber optic installation. Approved purchasing procedures will be followed for all expenditures. (ELZ) H. DR-99-05 MOD—Galileo STEM Academy Field Modification—Galileo STEM Academy: Galileo STEM Academy, represented by Melissa Drew with The Land Group, Inc.,is requesting design review approval to convert the existing lawn field and play area mulch to a synthetic turf. The 2.61-acre site is located on the southeast corner of North Linder Road and West Saguaro Drive at 4735 West Saguaro Drive. (ERG) DR-99-05 MOD Galileo Synthetic Turf dr action.pdf I. DR-21-22—Common Area Landscaping within Kody Corner Subdivision—Rowe Sanderson: Rowe Sanderson,represented by Ben Semple with Rodney Evans &Partners,PPLC,is requesting design review approval for the common area landscaping within Kody Corner Subdivision. The 3.5- acre site is located on the west side of North Parkinson Street at 525 North Parkinson Street and 543 North Parkinson Street. (ERG) DR-21-22 Kody Corner Sub LS dr action.pdf J. DR-22-22—Common Area Landscaping along Aerie Way within Spring Valley PUMP No. 1 — GWC Capital: GWC Capital, represented by Eric Langvardt with Langvardt Design Group,is requesting design review approval of the common area landscaping along Aerie Way within Spring Valley PUMP No. 1. The 14.55-acre site begins approximately 1.07-miles east of State Highway 16 and 1.37-miles north of the teiiuinus of Hartley Road within Spring Valley PUMP No. 1 (Ada County Assessor parcel numbers S0322141800, S0323110015, and S0323336000). (BAW) DR-22-22 Aerie Way LS dr action.pdf K. DR-23-22—Common Area Landscaping along Big Gulch Parkway,Linder Road, and Aerie Way(East)within Spring Valley PUMP No. 1—GWC Capital: GWC Capital,represented by Eric Langvardt with Langvardt Design Group,is requesting design review approval of the common area landscaping along Big Gulch Parkway, Linder Road, and Aerie Way (east)within Spring Valley PUMP No. 1. The 67.46-acre site begins approximately 0.74-miles east of State Highway 16 and 1.25-miles north of West Beacon Light Road within Spring Valley PUMP No. 1 (Ada County Assessor parcel numbers S0327311100, S0327130000, S0327110000, S0326142300, S0326220000, S0323336000, S0323110015, and S0324130000). (BAW) DR-23-22 Big Gulch Way-Linder-Aerie LS dr action.pdf L. DR-24-22—Two Community Entry Monument Signs for Spring Valley Subdivision—GWC Capital: GWC Capital,represented by Eric Langvardt with Langvardt Design Group,is requesting design review approval for two community entry monument signs on both Aerie Way and Linder Road within Spring Valley PUMP No. 1. Two community entry signs are proposed to be located at the entrance to the Spring Valley property on Aerie Way approximately 82-feet southeast of the property line and on Linder Road approximately 112-feet northwest of the property line within Spring Valley PUMP No. 1. (BAW) DR-24-22 Community Entry Signage dr action.pdf M. Findings of Fact and Conclusions of Law for the Approval of PU-01-21—Spring Valley Planning Unit Master Plan No. 1—GWC Capital,LLC: GWC Capital,LLC,represented by Brook Cole,is requesting approval of Planning Unit Master Plan(PUMP)No. 1 for the Spring Valley Planned Development(formerly known as M3 Spring Valley).PUMP No. 1 consists of+/-1,005.91-acres,2,199 residential units, 150,000 sq. ft.of non-residential uses, and 504.39-acres of regional and community open space. The 1,005.91-acre site is generally located 3,000-feet northeast of the intersection of State Highway 16 at Equest Lane (approximately 1 mile north of the Beacon Light Road and Linder Road intersection). (DLM) Spring Valley PUMP No 1 CC Findings.pdf N. Findings of Fact and Conclusions of Law for the Approval of FPUD-05-22 & FP-05-22—Final Development Plan and Final Plat for Bald Eagle Pointe Subdivision No.2—WPG BEP,LLC: WPG BEP, LLC, represented by Becky McKay with Engineering Solutions, LLP, is requesting final development plan and final plat approvals for Bald Eagle Pointe Subdivision No. 2, a 32-lot(29- buildable, 3-common),residential subdivision. The 13.82-acre site is located on the south side of West State Street(SH-44) at the southeast corner of West State Street(SH-44) and West Moon Valley Road. (MJW) Bald Eagle Pointe Sub No. 2 fp &fpud ccf.docx O. Findings of Fact and Conclusions of Law for the Approval of CU-03-22—Change of Nonconforming Use—Craig R. Shotwell: Craig R. Shotwell is requesting conditional use peiiuit approval for a change of nonconfoiiuing use to allow an addition to the existing residence (located within the required front yard setback). The 2.00-acre site is located on the north side of the teiiuinus of West Rush Court at 741 West Rush Court. (MJW) CU-03-22 Shotwell ccf.docx P. Findings of Fact and Conclusions of Law for the Approval of CU-03-18 MOD—Building Height Exception—AMS Hospitality: AMS Hospitality,represented by Johnny Hilfiker,is requesting approval of a conditional use permit modification for a building height exception to 54-feet. The request is in association with a proposed four(4) story hotel. The 4.36-acre site is located within the Molinari Park development at the southwest corner of East Plaza Drive and South Palmetto Avenue. (MJW) CU-03-18 MOD Marriott Residence Inn ccf.docx Q. Findings of Fact and Conclusions of Law for the Approval of RZ-12-08 MOD4—Development Agreement Modification—Restored Community Church: Restored Community Church, represented by Randy Haverfield, AIA,with Architecture Northwest,PA,is requesting a development agreement modification to the rezone development agreement associated with the Restored Community Church. The request is for an increase of maximum lot coverage to allow construction of a new church facility within the site. The 5.52-acre site is located on the south side of West Floating Feather Road approximately 1000-feet east of North Park Lane at 3633 West Floating Feather Road. (MJW) RZ-12-08 MOD4 Restored Community ccf.docx R. Development Agreement Associated with RZ-16-21 & PP-16-21 - Cadenza Court Subdivision: Staff is requesting approval of the development agreement associated with the rezone from R-4 (Residential) to R-6-DA (Residential with a development agreement) for Cadenza Court Subdivision. The City Council approved the associated rezone and preliminary plat applications on April 26, 2022. (MJW) S. FPUD-03-22 &FP-03-22—Final Development Plan and Final Plat for Arvory Crest Subdivision No. 1—Lennar Homes: Lennar Homes, represented by Ken Fiiivage with FS One, LLC,is requesting final development plan and final plat approvals for Arvory Crest Subdivision No. 1, a 61-lot(57-buildable, 4-common),residential subdivision. The 20.71-acre site is located on the east side of State Highway 16 at the north teiiuinus of North Hamlin Avenue. (MJW) Arvory No.1.pdf T. FPUD-06-22 &FP-08-22—Final Development Plan and Final Plat for Arvory Crest Subdivision No. 2—Lennar Homes: Lennar Homes, represented by Ken Fiiivage with FS One, LLC,is requesting final development plan and final plat approvals for Arvory Crest Subdivision No. 8, a 120-lot(113-buildable, 7-common), residential subdivision. The 31.49-acre site is located at the southeast corner of State Highway 16 and West Floating Feather Road. (MJW) Arvory No.2.pdf U. FP-06-23 —Rene Commons Subdivision—Sterling Land Development,Inc. : Sterling Land Development, Inc., represented by Becky McKay with Engineering Solutions, LLP, is requesting final plat approval for Rene Commons Subdivision, a 22-lot(17-buildable, 5-common), residential subdivision. The 5.58-acre site is located approximately 160-feet north of the intersection of East Windrose Street and North Falling Water Way at 2425 East Floating Feather Road. (DLM) Rene Commons-Final Plat Packet_2022-05-24.pdf V. Development Agreement Associated with A-08-21/RZ-09-21/CU-06-21/PPUD-06-21/PP-11-21— Beaconwood Subdivision: Staff is requesting approval of the development agreement associated with the rezone from R2(Low Density Residential-Ada County designation)to R-2-DA-P(Residential with a development agreement-PUD). The City Council approved the associated rezone and preliminary plat applications on April 26,2022(A-08-21/RZ-09-21/CU-06-21/PPUD-06-21/PP-11-21). (MNB) W. Gazebo Concert Live Performance Agreement between the City of Eagle and the Jeff Engelbert Band: The Special Events/Saturday Market Coordinator is seeking Council approval of the Live Performance Agreement for the September 29th, 2022 Gazebo Concert Series performance. The Live Performance Agreement shall not exceed $600.00. (PCT) X. Gazebo Concert Live Performance Agreement between the City of Eagle and Soul Patch: The Special Events/Saturday Market Coordinator is seeking Council approval of the Live Performance Agreement for the July 28th, 2022 Gazebo Concert Series performance. The Live Performance Agreement shall not exceed $800.00. (PCT) Y. Gazebo Concert Live Performance Agreement between the City of Eagle and Guilty Pleasure: Th Special Events/Saturday Market Coordinator is seeking Council approval of the Live Performance Agreement for the August 25th, 2022 Gazebo Concert Series performance. The Live Performance Agreement shall not exceed $650.00. (PCT) Z. Eagle Fun Days Live Performance Agreement: The Parks and Recreation Department is seeking Council approval for a Live Performance Agreement between the City of Eagle and Charles Mariscal in an amount not to exceed $500. The performance will take place on July 9th, 2022. (PCT) AA. Eagle Fun Days Live Performance Agreement: The Parks and Recreation Department is seeking Council approval for a Live Performance Agreement between the City of Eagle and Guilty Pleasure in an amount not to exceed $650. The performance will take place on July 9th, 2022. (PCT) AB. Eagle Fun Days Live Performance Agreement : The Parks and Recreation Department is seeking Council approval for a Live Performance Agreement between the City of Eagle and Buckin Country in an amount not to exceed $400. The performance will take place on July 9th, 2022. (PCT) AC. Eagle Fun Days Live Performance Agreement: The Parks and Recreation Department is seeking Council approval for a Live Performance Agreement between the City of Eagle and Generator Saints in an amount not to exceed $750. The performance will take place on July 9th, 2022. (PCT) AD. Eagle Fun Days Live Performance Agreement: The Parks and Recreation Department is seeking Council approval for a Live Performance Agreement between the City of Eagle and Killarney Dance Studio in an amount not to exceed$150. The performance will take place on July 9th,2022. (PCT) AE. Eagle Fun Days Live Performance Agreement: The Parks and Recreation Department is seeking Council approval for a Live Performance Agreement between the City of Eagle and Red Light Challenge in an amount not to exceed $750. The performance will take place on July 9th, 2022. (PCT) AF. Eagle Saturday Market Live Performance Agreement between the City of Eagle and Lisa Bittick Lowe: The Special Events/Saturday Market Coordinator is seeking Council Approval for the Live Performance Agreement for the artist perfoiruing at the Eagle Saturday Market on July 23rd, 2022. The Live Performance Agreement shall not exceed $250.00. (PCT) AG. Resolution 22- 04: A Resolution of the City of Eagle, Idaho, rescinding Resolution 18-05 in its entirety and adopting a new Purchasing Policy; and providing an effective date. (TEO) Resolution 22-04.pdf AH. Findings of Fact and Conclusions of Law for the Denial of D R-19-22—Three Apartment Building [incl. 1,000-SF Retaill and Common Area Landscaping within Molinari Park Subdivision— Silverado Management: Silverado Management,represented by Walter Lindgren with Lindgren:Labrie Architecture,is requesting design review approval for three(3) apartment buildings(one—85,029-SF [including 1,000-SF retail],one—69,844- SF,one—77,844-SF)and common area landscaping within Molinari Park Subdivision. The 7.16-acre site is located on the south side of East Plaza Drive approximately 1,200-feet east of the intersection of South 2nd Street and East Plaza Drive at 401 East Cedar Ridge Street. (ERG) DR-19-22 Molinari Park Sub Apartments and LS cc£pdf AI. Minutes of May 19,2022. (TEO) 8. UNFINISHED BUSINESS: NONE 9. ALL PUBLIC HEARING ITEMS ARE CONSIDERED ACTION ITEMS: PUBLIC HEARINGS: Public hearings will not begin prior to 6:00 p.m. The Eagle City Council is taking both in-person and remote public comment testimony via Webex. Meeting login instructions are posted on https://www.cityofeagle.org/1698/Virtual-Meetings. If you just want to watch the meeting,without giving testimony,please watch our livestream at https://www.cityofeagle.org/305/City-Agendas-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. • Public hearing testimony time limits:Individuals testifying are allotted three(3)minutes for non-repetitive • testimony Disclosure of ex parte and/or conflict of interest. A. CU-05-21/PPUD-05-21/PP-07-21 —Millstone Farms Planned Unit Development—Brent Thompson: Brent Thompson, represented by Tamara Thompson with The Land Group Inc.,is requesting conditional use peiruit,preliminary development plan, and preliminary plat approvals for Millstone Fairus Subdivision, a 331-lot, 310-unit(244-single-family dwellings, 33-single-family attached dwellings [consisting of 66-dwelling units located on individual lots], 21-common) residential planned unit development. The 89.87-acre site is located at the northwest corner of North Palmer Lane and West Floating Feather Road at 2871 North Palmer Lane. (MJW) Millstone stf(1 of 3).pdf Millstone stf(2 of 3).pdf Millstone stf(3 of 3).pdf B. VAC-01-22—Vacation to the final plat of Renovare Subdivision No. 2—Lincoln Swaggart: Lincoln Swaggart, represented by Jeff Beagley with Sawtooth Land Surveying, LLC,is requesting to vacate a portion of the emergency vehicle assess easement(EVA), and a portion of the utility easement located within Lots 56 and a portion of 65, Block 1, Renovare Subdivision Phase 2. The 4.34-acre site is located at the southwest corner of East Riverside Drive and South Stellar Cove Avenue. (MJW) VAC-01-22 st£pdf 10. NEW BUSINESS: A. ACTION ITEM: Ordinance 864-Eagle City Code Title 6- 8 Fiber Optic System: An ordinance of the City of Eagle, Ada, County Idaho, amending Title 6 "Public Ways And Property"by adding Chapter 8 "Municipal Fiber-Optic System";providing a severability clause; and providing an effective date. (WEV) ORD 864 Eagle City Code Title 6-8 Fiber Optic System.docx B. ACTION ITEM: Ordinance 875-Annexation and Rezone: 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 certain real property described herein from RUT(Rural-Urban Transition—Ada County Designation)to MU-DA (Mixed Use 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. (MJW) ORD 875 TV44(Terra View)A RZ.doc TV 44- City of Eagle Annexation.pdf.pdf C. ACTION ITEM Ordinance 876-Rezone:An ordinance changing the zoning classification of certain real property described herein from R-4(Residential)to R-6-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. (MJW) ORD 876 Kody Corner RZ.doc 11. PUBLIC COMMENT 2: The Eagle City Council is taking both in person and remote public comment via Webex. Meeting login instructions are posted on https://www.cityofeagle.org/1698/Virtual-Meetings. If you just want to watch the meeting,without giving comment,please watch our livestream at https://www.cityofeagle.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: 74-206 (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; (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; A. ACTION ITEM:Regarding Acquisition of private property. B. ACTION ITEM:Action regarding pending/threatened litigation. 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.