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Agenda - 2022 - City Council - 09/13/2022 - Regular (2) THE CITY OF EAGLE CITY COUNCIL AMENDED oltIo j AGENDA Eagle City Hall, 660 E. Civic Lane, Idaho September 13, 2022 5:30 PM *Added Item 1. CALL TO ORDER: 2. ROLL CALL: GINDLESPERGER,PIKE,BAUN,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. Report from Eagle Police Department, Chief Wilkie C. City Attorney: 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. 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. Claims Against the City. B. Minutes of August 23,2022. (TEO) C. Minutes of August 29,2022. (TEO) D. Constitution Week Proclamation: A proclamation for the City of Eagle declaring September 17—23 as Constitution Week in the City of Eagle,Idaho. (JWP) CONSTITUTION WEEK PROCLAMATION 2022.docx E. Appointment to the Eagle Library Board of Trustees: In accordance with Resolution 14-19,Mayor Pierce is requesting Council Confirmation of the appointment of Christina Brackney to the Eagle Library Board of Trustees. Ms. Brackney will be fulfilling a vacated term that will expire September 2023. (JWP) F. Appointment to the Eagle Library Board of Trustees: In accordance with Resolution 14-19,Mayor Pierce is requesting Council Confirmation of the appointment of Kelsey Taylor to the Eagle Library Board of Trustees. Ms. Taylor will be fulfilling a vacated term that will expire September 2026. (JWP) G. Prosecution Services Agreement for Fiscal Year 2022-2023: An agreement between the City of Eagle and Ada County Prosecuting Attorney's Office for the provision of prosecution services. The agreement shall not exceed$64,000.00. (TEO) H. Memorial Bench for Johnny K.: Request for Council approval of a Memorial Bench to be located on the South side of the Greenbelt. (ELZ) I. Eagle Greenbelt Trail and Repairs-Pay Application No. 6—TDX Power Services LLC.: Authorization of Payment to TDX Power Services,LLC, in the amount of$15,223.75 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) Greenbelt Repairs -TDX Invoice#6.pdf J. Service Agreement Between the City of Eagle and Crime Stoppers: A Service Agreement between the City of Eagle and Crime Stoppers to provide community services and continued assistance to the City of Eagle Police Department in an amount not to exceed$3,520. (TEO) K. Animal Welfare and Enforcement Agreement Between the City of Eagle and The Idaho Humane Society: An Animal Welfare and Enforcement Agreement between the City of Eagle and The Idaho Humane Society to provide animal control services in an amount not to exceed$160,480. (TEO) L. DR-47-22—Common Area Landscaping within Millstone Farm Subdivision—Seddie Eagle I, LLC: Seddie Eagle I, LLC,represented by Tamara Thompson with The Land Group,Inc., is requesting design review approval for the common area landscaping and amenities, including a pool and pool house for Millstone Farm Subdivision. The 89.87-acre site is located on the northwest corner of North Palmer Lane and West Floating Feather Road at 2871 North Palmer Lane. (BAW) Millstone Farm LS dr action.pdf M. DR-48-22— Multi-tenant Retail/Restaurant Building within Eagle River Development—Eagle River Development: Tom Bobo with Eagle River Development,represented by Jesse Walker with CSHQA, is requesting design review approval for a 2,000-square foot,multi-tenant retail/restaurant building within Eagle River Development. The 0.45-acre site is located on the east side of North Eagle Road approximately 118-feet south of East Riverside Drive at 101 East Riverside Drive(Lot 30,Block 4,Mixed Use Subdivision No. 6). (ERG) Multi-tenant Bldg in Eagle River dr action.pdf N. DR-49-22—Master Sign Plan for a Multi-tenant Retail/Restaurant Building within Eagle River Development—Eagle River Development: Tom Bobo with Eagle River Development,represented by Jesse Walker with CSHQA, is requesting design review approval for a master sign plan for a multi- tenant retail/restaurant building within Eagle River development. The 0.45-acre site is located on the east side of North Eagle Road approximately 118-feet south of East Riverside Drive at 101 East Riverside Drive(Lot 30,Block 4,Mixed Use Subdivision No. 6). (ERG) MSP for Multi-tenant Bldg in Eagle River dr action.pdf O. Findings of Fact and Conclusions of Law for the Approval of CU-11-22—Change of Nonconforming Use—Dan Frison: Dan Frison,represented by Craig Kulchak,is requesting conditional use permit approval for a change of nonconforming use to allow an addition to the existing accessory structure (located within the required side yard setback). The .65-acre site is located on the east side of East Stadler Court approximately 1,000-feet south of the intersection of North Edgewood Lane and East Stadler Court at 1726 East Stadler Court. (DLM) CU-11-22 Kulchak cc£pdf P. Findings of Fact and Conclusions of Law for the Approval of RZ-06-22/CU-07-22/PPUD-04- 22/PP-10-22—Rezone,Preliminary Development Plan,Preliminary Plat,and Conditional Use Permit for Shingle Creek Subdivision—Mike Cook: Mike Cook,represented by Kent Adamson, P.E.,with RiveRidge Engineering Company is requesting a rezone from A-R(Agricultural-Residential) and R-2-DA(Residential with a development agreement)to R-2-DA-P (Residential with a development agreement—PUD), conditional use permit,preliminary development plan, and preliminary plat approvals for Shingle Creek Subdivision, a 12-lot(9-buildable, 3-common)residential planned unit development. The 4.41-acre site is located on the north side of State Highway 44 approximately 400-feet west of the intersection of West State Street and State Highway 44 at 2500 West State Street. (MJW) Shingle Creek Sub ccf.pdf Q. Memorandum of Understanding(MOU)with Treasure Valley Clean Cities Coalition: A MOU with the Treasure Valley Clean Cities Coalition to provide$10,000 of assistance to the City of Eagle for the construction of the Eagle Road Pedestrian and Bike Bridge. (NBS) R. Agreement for Independent Contract Instructor Between the City of Eagle and Andre Moncheur: An Independent Contract Instructor Agreement between the City of Eagle and Andre Moncheur to instruct a French class. Compensation shall be at a rate not to exceed 50% of the total revenue generated. (TPL) S. Live Performance Agreement Between the City of Eagle and The Sam Henry Band: A Live Performance Agreement between the City of Eagle and The same Henry Band to perform at the Harvest Festival on October 8,2022 in an amount not to exceed$1,000. (JDH) T. Live Performance Agreement Between the City of Eagle and Wayne White: A Live Performance Agreement between the City of Eagle and Wayne White to provide a live performance at Harvest Festival on October 8,2022 in an amount not to exceed$300. (JDH) U. Elevate Our Everyday Heroes Proclamation: A proclamation for the City of Eagle declaring September 10,2022 as Elevate Our Everyday Heroes day in the City of Eagle, Idaho. (JWP) Everyday Heroes Proclamation 2022 V. * A Purchase Agreement Between the City of Eagle and The Wetlands Group,LLC: A Purchase Agreement between the City of Eagle and The Wetlands Group,LLC to purchase wetlands mitigation credits to compensate for wetland impacts from the Eagle Ped Bridge. In an amount not to exceed $15,960. (NBS) 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. • 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. NONE 10. NEW BUSINESS: NONE 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 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: (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: 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.