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Agenda - 2022 - City Council - 06/28/2022 - RegularTHE CITY OF EAGLE CITY COUNCIL AGENDA Eagle City Hall, 660 E. Civic Lane, Idaho June 28, 2022 5:30 PM 1.CALL TO ORDER: 2.ROLL CALL: GINDLESPERGER, PIKE, BAUN, RUSSELL. 3.PLEDGE OF ALLEGIANCE: 4.ADDITIONS, DELETIONS OR MODIFICATIONS TO THE AGENDA: 5.RECOGNITION: A.Recognition of Lou Germano for his six years of service on the Design Review Board. 6.REPORTS: A.Mayor and Council Reports: B.City Hall Department Supervisor Reports: 1. City Treasurer, Financial Reports for May 2022 C.City Attorney: 7.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. 8.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 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.Temporary Noise Ordinance Waiver Request: Alexandra Campos is requesting a noise waiver for the date of September 3, 2022 for an event being held between 7:30 pm - 11:30 pm at The Cottage at Riverbend. (TEO) B.Eagle Fun Days Rocky Mountain Oyster Feed Live Performance Agreement: The Parks and Recreation Department is seeking Council approval for a Live Performance Agreement between the City of Eagle and Andrew Chappell and the Bitterroot Revival in an amount not to exceed $500. The performance will take place on July 9th, 2022. (PCT) C.Eagle Fun Days Rocky Mountain Oyster Feed Live Performance Agreement: The Parks and Recreation Department is seeking Council approval for a Live Performance Agreement between the City of Eagle and The Touch Band in an amount not to exceed $400. The performance will take place on July 9th, 2022. (PCT) D.DR-07-22 – Vehicle Storage Building Associated with the Wastewater Treatment Facility for Eagle Sewer District – Eagle Sewer District: Eagle Sewer District, represented by Lowell Alseth with 5-31-22 Financial Statements.pdf ZGA Architects and Planners, Chartered, is requesting design review approval for a 4,200-square foot vehicle storage building associated with the wastewater treatment facility. The 14.46-acre site is generally located on the southeast corner of State Highway 44 and South Urban Gate Avenue approximately 300-feet south of State Highway 44 at 100 South Urban Gate Avenue. (ERG) E.DR-33-22 — Restaurant Building in Truman Cove Subdivision No. 4 — MCRF Properties, LLC: MCRF Properties, LLC, represented by Zach Turner with Rennison Companies, is requesting design review approval for a 9,431-square foot restaurant building in Truman Cove. The 0.53-acre site is located on the south side of East Riverside Drive approximately 200-feet east of South Stellar Cove Avenue at 2121 East Riverside Drive within Truman Cove Subdivision No. 4. (ERG) F.DR-37-22 — Office (Medical and Dental) Building in Lakemoor Subdivision — Dan Torfin: Dan Torfin, represented by James Marsh with CSHQA, is requesting design review approval for a 6,650- square foot office (medical and dental) building in Lakemoor Subdivision. The 0.78-acre site is located on the northwest corner of East Colchester Drive and South Three Bridges Way at 2489 South Three Bridges Way. (ERG) G.Development Agreement Associated with A-05-21/RZ-06-21 & PP-08-21 — Skyview Subdivision: Staff is requesting approval of the development agreement associated with the rezone from RUT (Rural-Urban Transition - Ada County designation) to R-9-DA-P (Residential with a development agreement - [in lieu of a PUD]) and MU-DA (Mixed Use with a development agreement [in lieu of a PUD]). The City Council approved the associated annexation, rezone and preliminary plat applications on January 25, 2022 (A-05-21/RZ-06-21, PP-08-21). (MJW) H.FPUD-03-22 & FP-03-22 – Final Development Plan and Final Plat for Molinari Park Subdivision No.2 – Molinari Park Development, LLC: Molinari Park Development, LLC , represented by KM Engineering, LLP, is requesting final planned unit development and final plat approvals for Molinari Park Subdivision No.2, a 71-lot (59-buildable, 12-common), mixed-use subdivision. The 6.5-acre site is located at the south side of East Plaza Drive approximately 300-feet east of the intersection of South 2nd Street and East Plaza Drive. (MNB) I.User Agreement Between the City of Eagle and Baker & Taylor: A User Agreement between the City of Eagle and Baker & Taylor for participation in Baker & Taylor's Sustainable Shelves program for the Library. (SJB) J.Agreement Between the City of Eagle and Bibliotheca: A User Agreement between the City of Eagle and Bibliotheca for library circulation equipment in an amount not to exceed $11,300 annually. (SJB) K.Pathway Agreement Between Middleton Mill Ditch Company, Arvory Crest Subdivision, and the City of Eagle: Authorization to sign an agreement that will allow Arvory Crest to construct a public pathway within a statutory easement granted to Middleton Mill Ditch Company (MMDC) pursuant to the master pathway agreement in place between the City and MMDC. (STN) L.Amendment to the Memorandum of Agreement between the City of Eagle and the Eagle Urban Renewal Agency: An agreement to amend the MOA dated April 2021 between the City of Eagle and the Urban Renewal Agency. (JWP) M.Claims Against the City. N.Minutes of June 7, 2022 . (TEO) O.Minutes of June 9, 2022. (TEO) P.Minutes of June 14, 2022. (TEO) Q.Minutes of June 23, 2022. (TEO) 9.ALL PUBLIC HEARING ITEMS ARE CONSIDERED ACTION ITEMS: PUBLIC HEARINGS: Public DR-07-22 ESD Vehicle Storage Bldg dr action.pdf Restaurant Bldg 'F' in Truman Cove dr action.pdf DR-37-22 Office Bldg in Lakemoor dr action.pdf Molinari Park Sub No. 2 fp & fpud stf.pdf 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. 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-05-22 — Waiver of Lot Coverage — Jared Borg: Jared Borg, represented by Curt Barber, is requesting a conditional use permit to waive the 15% lot coverage requirement of the R-E zone to permit the construction of a 5,400 square foot detached garage building, bringing total lot coverage up to 16.3%. The 1.9 acres site is situated on the North side of West Washam Road, at 1450 West Washam Road. (MNB) B.A-12-21/RZ-18-21 & PP-19-21 — Farmstead Landing Subdivision — WH Eagle 80, LLC: WH Eagle 80, LLC, represented by Dave Yorgason, is requesting an annexation, rezone from RUT (Rural- Urban Transition – Ada County designation) to R-2-DA (Residential with a development agreement [in lieu of a PUD]), and preliminary plat approvals for Farmstead Landing Subdivision, a 167-lot (140- buildable, 27-common) residential subdivision. The 80.23-acre site is located on the north side of West Floating Feather Road between North Park Lane and North Linder Road. (MNB) 10.NEW BUSINESS: A.ACTION ITEM: Ordinance 877 — Rezone from MU-DA (Mixed Use with a development agreement) to R-9-DA (Residential with a development agreement) — Kingfisher Cove Townhouse Subdivision: An ordinance changing the zoning classification of the real property described herein from MU-DA (Mixed Use with a development agreement) to R-9-DA (Residential with a development agreement); amending the zoning map of the City of Eagle to reflect said change; providing a severability clause; and providing an effective date. The 10.68-acre site is generally located on the northeast corner of West State Street and SH-44. (MJW) B.ACTION ITEM: Ordinance 878 — Rezone from R-4 (Residential) to R-6-DA (Residential with a development agreement) — Cadenza Court Subdivision: An ordinance changing the zoning classification of the 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; providing a severability clause, and providing an effective date. (MJW) 11.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 allotte 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; Packet - CU-05-22 - Conditional Use Permit for Waiver of Lot Coverage.pdf Farmstead Landing pz action - packet reduced.pdf Ord 877.pdf Ord 878.pdf A.ACTION ITEM: Action 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.