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Minutes - 2022 - City Council - 07/26/2022 - Regular EAGLE CITY COUNCIL MEETING MINUTES July 26,2022 1. CALL TO ORDER: Mayor Pierce calls the meeting to order at 5:30 p.m. 2. ROLL CALL: Present: GINDLESPERGER, PIKE, RUSSELL. Absent: BAUN. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE: 4. ADDITIONS,DELETIONS OR MODIFICATIONS TO THE AGENDA:None 5. PRESENTATION: A. Ada County Prosecutor,Prosecuting Attorney Robert Bleazard Mayor introduces the item. Deputy Prosecutor Robbie Bleazard reviews prosecution services provided to the City by the County.They are seeking no increase in the cost of the contract rate for prosecution services in the upcoming year. Michael Guy will be taking over the contract on behalf of the County going forward. In the previous year they handled 401 new cases and this year the number is at 443,this includes misdemeanors and infractions. Year to date they have 218 new cases. Discussion. 6. REPORTS: A. Mayor and Council Reports: Gindlesperger reports on the Arts Commission meeting. The Art Stop project has been placed on hold for the moment.Library Board met and they are combining several meetings. Pike reports on the Downtown Advisory Committee they are looking at identifying next steps for the Committee. B. City Hall Department Supervisor Reports:No reports. C. City Attorney Report: No reports. 7. 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/1698Nirtual-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. 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. Page 1 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-07-26-22min.dock • 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 July 7,2022.(TEO) C. Minutes of July 12,2022.(TEO) D. Minutes of July 14,2022. (TEO) E. Minutes of July 19,2022.(TEO) F. DR-34-22 — Hotel Building for Marriott Residence Inn — AMS Hospitality: AMS Hospitality, represented by Johnny Hilfiker, is requesting design review approval for a four(4) story,98,050-square foot 131-room hotel building.The 4.35-acre site is located on the southwest corner of North Palmetto Avenue and East Plaza Drive within the Molinari Development.(BAW) G. DR-35-22—Three Building Wall Signs and One Monument Sign for Marriott Residence Inn—AMS Hospitality:AMS Hospitality,represented by Johnny Hilfiker,is requesting design review approval for three building wall signs and one monument sign for Marriott Residence Inn. The 4.35-acre site is located on the southwest corner of North Palmetto Avenue and East Plaza Drive within the Molinari Development.(BAW) H. DR-39-22—Personal Improvement Building for Alliance Jiu Jitsu—Alexandre Paiva: Alexandre Paiva,represented by John Day with Slichter/Ugrin Architecture, is requesting design review approval for a 3,111-square foot personal improvement building for Alliance Jiu Jitsu. The 0.165-acre site is located on the southwest corner of South Wooddale Avenue and East Hill Road at 195 South Wooddale Avenue (Lot 11, Block 22, of Great Sky Estates Subdivision). (BAW) I.DR-68-19 MOD—Modification to the Common Area Landscaping Within Stadium View Center to Include Phasing — Margie and Jerron Porchia: Margie and Jerron Porchia are requesting design review approval for a modification to the approved Stadium View Center common area landscaping to allow the landscaping to be phased with the construction of the buildings [two commercial and three residential]. The 2.56-acre site is located on the west side of North Horseshoe Bend Road approximately 1,030-square feet north of East Hill Road at 10201 North Horseshoe Bend Road.(ERG) J.DR-43-21 MOD —82 Townhome Buildings 1164-Units] within Arvory Crest Subdivision —Lennar Homes:Lennar Homes,represented by Ken Firmage with FS One,LLC,is requesting design review approval for 82 townhome buildings [164-units]within Arvory Crest Subdivision. The 80.2-acre site is located on the southeast corner of West Floating Feather Road and State Highway 16 at 1252 North Highway 16. (ERG) K. DR-03-09 MOD3 — Restored Community Church Building — Restored Community Church: Restored Community Church, represented by Randy Haverfield with Architecture Northwest, PA, is requesting design review approval for a 26,818-square foot church building. The 5.51-acre site is located on the south side of West Floating Feather approximately 1,000-feet east of North Park Lane at 3633 West Floating Feather. (ERG) L. Findings of Fact and Conclusions of Law for the Approval of A-11-21/RZ-17-21/CU-11- 21/PPUD-08-21/PP-18-21 — Annexation, Rezone, Conditional Use Permit, Preliminary Development Plan, and Preliminary Plat for Soaring Feather Ranch Subdivision — Sheridan Hodson: Sheridan Hodson, represented by Katie Miller of Bailey Engineering, is requesting an annexation and rezone from RUT (Rural-Urban Transition — Ada County designation) to R-E and R-2-DA-P (Residential-two units per acre with a Development Agreement-PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for Soaring Feather Ranch, a 32-lot(28-single family, 3-common,and 1-commercial) subdivision. The 17-acre site is located approximately 2,000 feet south of Beacon Light Road between Linder Road and Park Lane. (MNB) M. FP-07-22 — Final Plat for Eventyr Subdivision — Rodney Evans: Rodney Evans is requesting final plat approval for Eventyr Subdivision, a 9-lot (7-buildable, 2-common) residential subdivision. The 8.11-acre site is located south of West Moon Valley Road, Page 2 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-07-26-22min.docx approximately 1,000-feet south of the intersection of West Moon Valley Road and Highway 44. (MNB) N. Findings of Fact and Conclusions of Law for the Approval of A-13-21/RZ-19-21/CU-10- 21/PPUD-09-21/PP-20-21 — Annexation, Rezone with a Development Agreement, Conditional Use Permit, Preliminary Development Plan, and Preliminary Plat for Kingswood Subdivision —LPGD Utah, LLC: LGPD Utah, LLC, represented by Jim Perry with Woodbridge Pacific Group, LLC, is requesting an annexation, rezone from RUT (Rural- Urban Transition — Ada County designation) to R-2-DA-P (Residential with a development agreement—PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for Kingswood Subdivision, an 87-lot(74-buildable, 13-common)residential planned unit development. The 38.81-acre site is located on the west side of North Linder Road approximately 1,430-feet north of the intersection of North Linder Road and West Floating Feather Road. (MJW) O. Approval of a service quote from 45dB Acoustics: Staff is requesting Council approval of a quote for services from 45dB Acoustics for the third party review of the sound study for the Shooting Sports Park in an amount not to exceed$4,500. (NBS) P. Service Agreement Between the City of Eagle and Melissa Reche': The Eagle Arts Commission is recommending Council approval of a Service Agreement between the City of Eagle and artist Melissa Reche' for the installation of a glass art wall piece for the Eagle Community Hall in an amount not to exceed$25,000. (BLA) Pike asks for item 8K to be removed so that he may abstain. Mayor removes 8P. Gindlesperger moves to approve consent agenda items A-P removing K and P..Seconded by Russell. GINDLESBERGER AYE; PIKE AYE; BAUN AYE; RUSSELL AYE; ALL AYE...MOTION CARRIES. K. DR-03-09 MOD3 — Restored Community Church Building — Restored Community Church: Restored Community Church, represented by Randy Haverfield with Architecture Northwest, PA, is requesting design review approval for a 26,818-square foot church building. The 5.51-acre site is located on the south side of West Floating Feather approximately 1,000-feet east of North Park Lane at 3633 West Floating Feather. (ERG) Gindlesperger moves to approve item 8K. Seconded by Russell.TWO AYE;ONE ABSTAIN (Pike)MOTION CARRIES. 8P Service Agreement Between the City of Eagle and Melissa Reche': The Eagle Arts Commission is recommending Council approval of a Service Agreement between the City of Eagle and artist Melissa Reche'for the installation of a glass art wall piece for the Eagle Community Hall in an amount not to exceed$25,000. Mayor introduces the item. Melissa Reche' briefly explains the art project that has been created for the Community Center. Discussion. Pike moves to approve item 8P. Seconded by Gindlesperger. GINDLESPERGER AYE; PIKE AYE; RUSSELL AYE. ALL AYE...MOTION CARRIES. 9. UNFINISHED BUSINESS: None 10. ALL PUBLIC HEARING ITEMS ARE CONSIDERED ACTION ITEMS PUBLIC HEARINGS:NONE Page 3 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-07-26-22min.docx Mayor calls a recess until 6:00 p.m. 11.NEW BUSINESS: A. ACTION ITEM: Amendment to FP-06-23—Rene Commons Subdivision—Sterling Land Development, Inc.: Sterling Land Development, Inc., represented by Becky McKay with Engineering Solutions, LLP, is requesting an amendment to the 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) Mayor introduces the item. Planner III,Daniel Miller provides a brief history of the item. The two adjoining homeowners that had previously had issue with the fencing type, have now resolved their issues with the developer regarding fencing, and would like the findings to revert to the originally proposed fencing design. Pike moves to approve action 11 Amendment to FP-06-23 —Rene Commons Subdivision to the original design of the fence,striking#27 on the last hearing.Seconded by Gindleseperger. ALL AYE...MOTION CARRIES. 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. No one choses to speak. 13. 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: (a) To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. This paragraph does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general; (b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student; (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. Gindlesperger moves pursuant to go into executive session I.C. 74-206(1) City of Eagle enter into an Executive Session for personnel matters and pending/threatened litigation. Seconded by Russell. GINDLESPERGER: AYE;PIKE AYE;RUSSELL:AYE:ALL AYE: MOTION CARRIES. Page 4 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-07-26-22min.docx Council enters executive session. Council discussion regarding pending/threatened litigation. Council exits executive session. A. ACTION ITEM: Personnel Matters. No action B. ACTION ITEM: Action regarding pending/threatened litigation. No action 13. ADJOURNMENT: Gindlesperger moves to adjourn. Seconded by Russell. ALL AYE...MOTION CARRIES Hearing no further business,the Council meeting was adjourned. Respectfully submitted: E t2/7 Pt 4(7 / *ACti cc % /7 gi TRACY S RN,CMC v:o w .tz, CITY CLERK ' O APPROVED: '....•,,,u,,,,,,�� SO PIERCE AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT W W W.CITYOFEAGLE.ORG. Page 5 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-07-26-22min.docx 8/18/2022 pFTN . Ari, ic,„00, gitti o RENE COMMONS SUBDIVISION REQUESTED AMENDMENT TO THE FINAL PLAT FINDINGS FP-06-22 Eagle City Council July 26, 2022 City Staff: Daniel Miller,Planner II Phone: 939-0227 E-Mail: 1 Project Summary: The applicant, Sterling Land Development, Inc., is requesting an amendment to the conditions of the approved final plat. 2 1 8/18/2022 Vicinity Map: a. — _ _ — UV Beacon Light Rd — -- r. w , 3 ,fir Sf �'— w Floating Feather Rd � _ — z ��� Q t .`a zd , r' 4 ;`�°: I F SITE ,tils, ! 1- !:*;-4 y x. EAGLE CITY I" ""' o Av ,,, •. ? .. 1,i HALL ` ' ..,, State ,g 7" Highway 44 .,,� . ak• ,h .s • . t' I I. oil y, F4r�.7� , =� RUT 1k1� _ Site Map: "ry' . r i t ' I Echohawk Pr�posed Estates P 1 • 5z ' „k, 1 Rene Co,n coons Sub.No 04 rl ( t ,. ,..,...41:i.._-.lc' �' s I tea: � .. �: � tiuhdi " .. _.�.. �: � .1 r ��*I''''' _ °"� �" aK til Estates Sub ,j * A R4 a� a' cam-Aek _ ,_ ( �Sg .�.• i Ringo Ridge Estates 1 � y ` t„, ' ,*.n4,33.::,1 narr;. *--7. 6 4 2 8/18/2022 Su m ma ry. The final plat associated with the Rene Commons Subdivision (FP-06-22) previously went before 4 - . :q . ; City Council for a decision on May 24, 2022. The -. City Council approved the final plat with an added condition (Condition #27) that required an a enhanced fence (wood-grain style) ,vhere the 'x. subject property directly abuts the adjacent ` Echohawk Estates Subdivision in lieu of the tan k M , vinyl fence that was approved through the design F - " -r-- review process. Since the time of final plat approval, the applicant „'' ,.) , '" , ' and the (2) adjacent neighbors who share the - - _ n property line have mutually resolved previously stated differences and are now in agreement to install a fence as was originally approved as part of the design review application associated with the Rene Commons Subdivision (DR-01-22). 5 Site Specific Condition of Approval #27: - =. .z4 ,,:...._,,,,,.._4 , - #27: The applicant shall submit a Design Review Modification application with a revised fencing plan showing woodgrain fencing located at the rear property lines of Lots 10, 11, 12, and 13, Block 2, (where the — x r. N subject property abuts the adjacent t `A, I residences within the Echohawk Estates `.i' {��j -- — Subdivision)that is aesthetically equitable ,. :'J . to the existing wooden fencing within the At Echohawk Estates Subdivision. The Design i r -. : • il Review application shall be reviewed and approved by the City prior to the City Clerk signing the final plat. 6 3 8/18/2022 Request to Strike: CoA #27: . #27:The applicant shall submit a Design Review Modification application with a fevised fencing plan showing woodgrain / l fencing located at the rear property lines of y / ; Lots 10, 11, 12, and 13, Block 2, (where the _ - _ _.,-. subject property abuts the adjacent residences within the Echohawk Estates I ^ Subdivision)that is aesthetically equitable F ---"1, j to the existing wooden fencing within the Echohawk Estates Subdivision. The Design Review application shall be reviewed and approved by the City prior to the City Clerk signing the final plat. 7 Summary: If the request to strike Condition #27 from the previously approved final plat findings • n . - " is approved, the fence type installed at the shared property line between the subject property and the two (2) existing ' ' ,a. Illummini residences within Echohawk Estates ' "� 1.1133 Subdivision No. 4 will be a 6-foot (6') ,.�.,. ,�, ,..... .";,...•�ag,, ._RCt 2 TWA high, tan colored solid vinyl fence, as is .20 Mr.W.10a . m•K shown on sheet L4 "Design Review C) b SOLID VINYL ,VAC.pgGIE Fencing Plan", date stamped by the City on March 2, 2022, as was approved in the design review application. 8 4 8/18/2022 - , r4w :t1 , r---•• ---t/7-77.:. ,..... ...t.11...... •••••••••,-Th,r,T.:::.....-.7.1 /;;:74..7 A 1 ' 1 , ,-.i...4.,., .. . VOD11000D0101VIIIVI ii I ,.....f i - ''.". '1.0', % V • 2 t :,11 ..- - ,;.4-41.•'#44' I k --='.1 110!IIIII _t -..T.t..- .--. 111- .................... 1.1 .... 41'0/ 1 '''....'....."1.:,.'13,%:..'.^."-...V,...... Clic/ ..*.••••'::"..''''''''''''-',.•••• MIIMPAIMIL '...t":1:::. m 10.• ...........-..... ..- ...........• ,.......... , I oars ,r 9 End of Presentation 10 5