Agenda - 2017 - City Council - 04/25/2017 - RegularTHE CITY OF EAGLE
CITY COUNCIL AGENDA
Eagle City Hall, 660 E. Civic Lane
April 25, 2017 5:30 p.m.
Page 1 of 4
INVOCATION:
1. CALL TO ORDER:
2. ROLL CALL: KUNZ, BASTIAN, PRESTON, SOELBERG
3. PLEDGE OF ALLEGIANCE:
4. SERVICE RECOGNITION:
A. Volunteer of the Month - April: Andy Mesa of Scout Troop 77: Andy Mesa of Troop 77 rallied a
group of over 20 scouts, leaders and parents to prepare and serve a hot meal to over 60 volunteers
who worked to restore our weather-beaten Sports Complex trails in a massive effort. Andy and
company also reached out to area grocers for food donations for the hungry volunteers. The effort of
Andy, Troop 77 and the group of trail workers netted the City 220 hours of labor, in one day. Thank
you, Andy, and the wonderful scouts in Eagle.
5. PUBLIC COMMENT:
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, 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. EXECUTIVE SESSION: §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:
(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. Premiere Industrial, LLC.
7. ADDITIONS, DELETIONS OR MODIFICATIONS TO THE AGENDA:
A. City Staff requests.
B. Mayor or City Council requests.
8. 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. Kids to Parks Day Proclamation. (SR)
C. Traffic Box Wrap Artist Agreements: Authorizing the Mayor to enter into agreements with
four (4) artists to create artwork to be placed on Traffic Boxes. Each artist will receive $1,000
compensation for their artwork. (SR)
CITY COUNCIL AGENDA
April 25, 2017 5:30 P.M.
Page 2 of 4
D. Volunteer of the Month Proclamation: A proclamation of the City of Eagle declaring April 26,
2017 Scout Troop 77 Day in the City of Eagle for their dedication and volunteerism! (SR)
E. Findings of Fact and Conclusions of Law for AA-04-17/DR-05-17 – Appeal of Design Review
Application DR-05-17 for a Master Sign Plan for Convenience Store with Fuel Service and
Fuel Island Canopy – Jay Walker: Jay Walker, represented by Walter Lindgren with
Lindgren:Labrie Architecture, PLLC, is appealing the Design Review Board’s decision regarding
the above referenced matter.
PROJECT SUMMARY: Jay Walker, represented by Walter Lindgren with Lindgren:Labrie
Architecture, PLLC, is requesting design review approval for a master sign plan for a convenience
store (with up to two sub tenants) with fuel service and a fuel island canopy. The site is located
on the southeast corner of East Hill Road and SH-55 at 2805 and 2809 East Hill Road. (WEV)
F. Findings of Fact and Conclusions of Law for AA-01-17/DR-51-16 – Appeal of Design Review
Application DR-51-16 for a Multi-tenant Retail/Restaurant Building 2 – Hawkins
Companies: The City of Eagle, represented by William E. Vaughan, AICP, Zoning
Administrator, is appealing the Design Review Board’s decision on the above referenced matter.
PROJECT SUMMARY: Hawkins Companies, represented by Christian Samples, is requesting
design review approval to construct a 10,620-square foot multi-tenant retail/restaurant building.
The 0.94-acre site is located on the east side of South Eagle Road approximately 600-feet south
of East Colchester Drive within Lakemoor Commercial Subdivision (Lot 2, Block 10). (WEV)
G. Findings of Fact and Conclusions of Law for AA-02-17/DR-52-16 – Appeal of Design Review
Application DR-52-16 for a Multi-tenant Retail/Restaurant Building 3 with Drive Through
– Hawkins Companies: The City of Eagle, represented by William E. Vaughan, AICP, Zoning
Administrator, is appealing the Design Review Board’s decision on the above referenced matter.
PROJECT SUMMARY: Hawkins Companies, represented by Christian Samples, is requesting
design review approval to construct a 10,620-square foot multi-tenant retail/restaurant building
with drive-through. The 0.98-acre site is located on the east side of South Eagle Road
approximately 800-feet south of East Colchester Drive within Lakemoor Commercial
Subdivision (Lot 1, Block 10). (WEV)
H. Findings of Fact & Conclusions of Law for RZ-04-13 MOD – Modification to Development
Agreement – Smith Brighton, Inc.: Smith Brighton, Inc., represented by Mike Wardle, is
requesting a development agreement modification to provide a revised fencing exhibit to the
development agreement and allow for a church site to be located within Lanewood Subdivision
No. 2. The 110.69-acre site is located at the northwest corner of North Linder Road and West
Floating Feather Road. (WEV)
I. Minutes of April 11, 2017. (SKB)
J. Comprehensive Plan Amendment Application Cutoff Date: Staff is requesting City Council
endorsement of May 1, 2017, as the application submittal cutoff for independent comprehensive
plan amendment applications. Comprehensive plan applications (text and/or map) received after
May 1, 2017, will be considered with, or after, the Council’s consideration of the 2017 Eagle Is
HOME Comprehensive Plan amendment. (NBS)
K. Building Department Contract Addendum: Building Official Steve Nash is requesting approval
for addendum to Mechanical Contract to all for Residential Plans Reviewer. (SN)
L. FP-09-17 – Final Plat for Cedarfield Subdivision No. 2 – Trilogy Idaho: Trilogy Idaho,
represented by Kent Brown with Bailey Engineering., is requesting final plat approval for
Cedarfield Subdivision No. 2, a 34-lot (32 buildable, 2 common) residential subdivision. The
7.32-acre site is generally located at the southwest corner of North Echohawk Way and East Sadie
Drive. (WEV)
M. FP-02-17 – Final Plat for Pamela Baker Park Subdivision – DMB Development: DMB
Development, represented by Dan Torfin., is requesting final plat approval for Pamela Baker Park
Subdivision, a 1-lot, mixed use subdivision. The 17.47-acre subdivision is located on the east side
of East Colchester Drive approximately 600-feet southeast of the intersection of East Colchester
Drive and South Brookwater Lane. (WEV)
CITY COUNCIL AGENDA
April 25, 2017 5:30 P.M.
Page 3 of 4
N. Minutes of April 17, 2017. (SKB)
9. UNFINISHED BUSINESS:
A. 300’ Distance Waiver for the service and/or sale of alcoholic beverages – Rib Shack LLC.:
Andrew Petrehn, representing Rib Shack is distance waiver as allowed in Idaho State Code 23-913.
State Code does not allow alcohol to be sold or dispensed to be consumed within three hundred (300)
feet of any public school, church, or any other place of worship, except with approval of the governing
body of the municipality. Mr. Petrehn is requesting a waiver from Council for his business premises
located at 395 W. State Street. Mr. Petrehn is seeking to add the service of liquor to the above
referenced premises. The service of beer and wine was approved on October 27, 2015. (SKB)
This item was continued from the April 11, 2017, City Council meeting.
B. RZ-02-03 MOD3 – Modification to Development Agreement – Steve Peel: Steve Peel, represented
by David Sterling with T-O Engineers, is requesting a modification to the rezone development
agreement associated with Lot 49, Block 1, within Coast 2 Coast Subdivision (aka Laguna Pointe
Subdivision) to modify the permitted commercial uses and building size allowances. The 1.51-acre
site is located on Riversedge Drive approximately 260-feet east of Eagle Road at 112 East Riversedge
Drive. (WEV) This item was continued from the April 11, 2017, City Council Meeting.
10. NEW BUSINESS:
A. FP-05-17 – Final Plat for Senora Creek Subdivision No. 3 – MM&T Holdings, LLC.: MM&T
Holdings, LLC, represented by Matt Schultz with Schultz Development, is requesting final plat
approval for Senora Creek Subdivision No. 3, a 16-lot, (12 buildable, 4 common) residential
subdivision. The 4.72-acre site is located on the west side of North Park Lane approximately 1,500-
feet south of the intersection of North Park Lane and West Floating Feather Road at 725 North Park
Lane.
B. 2017 Legislation Discussion on House Bill 301, Oil and Gas Amendments
1. Presentation by Citizens Allied for Integrity and Accountability, represented by Shelly Brock
(15 minutes)
2. Presentation by Idaho Department of Lands represented by Tom Schultz (15 minutes)
3. Presentation by City Attorney Cherese McLain (15 minutes)
C. Discussion of support documentation for the F-35 Mission: Major General Gary Sayler with
the Idaho Air National Guard will present information to the Council regarding the F-35
Mission. Mayor Ridgeway is requesting approval of Resolution 17-13 urging the United States
Airforce to select Gowen Field for the F-35 Mission. (SR)
D. PD-01-17 – Swanson Parcel Division – Wayne Swanson: Wayne Swanson, represented by J.J.
Howard LLC, is requesting approval of a parcel division for the creation of two parcels. The 3-acre
site is located on the south side of West State Street, approximately 550-feet west of the intersection
of West State Street and South Grandean Way at 985 West State Street. (WEV)
11. PUBLIC HEARINGS: NONE
12. PUBLIC COMMENT:
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 items. Comments regarding Public Hearing 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 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.
CITY COUNCIL AGENDA
April 25, 2017 5:30 P.M.
Page 4 of 4
13. REPORTS:
A. Mayor and Council Reports:
B. City Hall Department Supervisor Reports:
C. City Attorney Report:
14. EXECUTIVE SESSION: §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:
(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. IMC
15. 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.
THE CITY OF EAGLE
CITY COUNCIL AGENDA
Eagle City Hall, 660 E. Civic Lane
April 25, 2017 5:30 p.m.
INVOCATION:
1. CALL TO ORDER:
2. ROLL CALL: KUNZ, BASTIAN, PRESTON, SOELBERG
3. PLEDGE OF ALLEGIANCE:
SERVICE RECOGNITION:
A. Volunteer of the Month - April: Andy Mesa of Scout Troop 77: Andy Mesa of Troop 77 rallied a
group of over 20 scouts, leaders and parents to prepare and serve a hot meal to over 60 volunteers
who worked to restore our weather-beaten Sports Complex trails in a massive effort. Andy and
company also reached out to area grocers for food donations for the hungry volunteers. The effort of
Andy, Troop 77 and the group of trail workers netted the City 220 hours of labor, in one day. Thank
you, Andy, and the wonderful scouts in Eagle.
5. PUBLIC COMMENT:
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, 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. EXECUTIVE SESSION: §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:
(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. Premiere Industrial, LLC.
7. ADDITIONS, DELETIONS OR MODIFICATIONS TO THE AGENDA:
A. City Staff requests.
B. Mayor or City Council requests.
8. 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. Kids to Parks Day Proclamation. (SR)
C. Traffic Box Wrap Artist Agreements: Authorizing the Mayor to enter into agreements with
four (4) artists to create artwork to be placed on Traffic Boxes. Each artist will receive $1,000
compensation for their artwork. (SR)
Page 1 of 4
CITY COUNCIL AGENDA
April 25, 2017 5:30 P.M.
D. Volunteer of the Month Proclamation: A proclamation of the City of Eagle declaring April 26,
2017 Scout Troop 77 Day in the City of Eagle for their dedication and volunteerism! (SR)
E. Findings of Fact and Conclusions of Law for AA-04-17/DR-05-17 — Appeal of Design Review
ADUlication DR -05-17 for a Master Sign Plan for Convenience Store with Fuel Service and
Fuel Island Canopy — Jay Walker: Jay Walker, represented by Walter Lindgren with
Lindgren:Labrie Architecture, PLLC, is appealing the Design Review Board's decision regarding
the above referenced matter.
PROJECT SUMMARY: Jay Walker, represented by Walter Lindgren with Lindgren:Labrie
Architecture, PLLC, is requesting design review approval for a master sign plan for a convenience
store (with up to two sub tenants) with fuel service and a fuel island canopy. The site is located
on the southeast corner of East Hill Road and SH -55 at 2805 and 2809 East Hill Road. (WEV)
F. Findings of Fact and Conclusions of Law for AA-01-17/DR-51-16 — Appeal of Design Review
Application DR -51-16 for a Multi -tenant Retail/Restaurant Building 2 — Hawkins
Companies: The City of Eagle, represented by William E. Vaughan, AICP, Zoning
Administrator, is appealing the Design Review Board's decision on the above referenced matter.
PROJECT SUMMARY: Hawkins Companies, represented by Christian Samples, is requesting
design review approval to construct a 10,620 -square foot multi -tenant retail/restaurant building.
The 0.94 -acre site is located on the east side of South Eagle Road approximately 600 -feet south
of East Colchester Drive within Lakemoor Commercial Subdivision (Lot 2, Block 10). (WEV)
G. Findings of Fact and Conclusions of Law for AA-02-17/DR-52-16 — Appeal of Design Review
Application DR -52-16 for a Multi -tenant Retail/Restaurant Building 3 with Drive Through
— Hawkins Companies: The City of Eagle, represented by William E. Vaughan, AICP, Zoning
Administrator, is appealing the Design Review Board's decision on the above referenced matter.
PROJECT SUMMARY: Hawkins Companies, represented by Christian Samples, is requesting
design review approval to construct a 10,620 -square foot multi -tenant retail/restaurant building
with drive-through. The 0.98 -acre site is located on the east side of South Eagle Road
approximately 800 -feet south of East Colchester Drive within Lakemoor Commercial
Subdivision (Lot 1, Block 10). (WEV)
H. Findings of Fact & Conclusions of Law for RZ-04-13 MOD — Modification to Development
Agreement — Smith Brighton, Inc.: Smith Brighton, Inc., represented by Mike Wardle, is
requesting a development agreement modification to provide a revised fencing exhibit to the
development agreement and allow for a church site to be located within Lanewood Subdivision
No. 2. The 110.69 -acre site is located at the northwest corner of North Linder Road and West
Floating Feather Road. (WEV)
L Minutes of April 11, 2017. (SKB)
J. Comprehensive Plan Amendment Application Cutoff Date: Staff is requesting City Council
endorsement of May 1, 2017, as the application submittal cutoff for independent comprehensive
plan amendment applications. Comprehensive plan applications (text and/or map) received after
May 1, 2017, will be considered with, or after, the Council's consideration of the 2017 Eagle Is
HOME Comprehensive Plan amendment. (NBS)
K. Building Department Contract Addendum: Building Official Steve Nash is requesting approval
for addendum to Mechanical Contract to all for Residential Plans Reviewer. (SN)
L. FP -09-17 — Final Plat for Cedarfield Subdivision No. 2 — Trilogy Idaho: Trilogy Idaho,
represented by Kent Brown with Bailey Engineering., is requesting final plat approval for
Cedarfield Subdivision No. 2, a 34 -lot (32 buildable, 2 common) residential subdivision. The
7.32 -acre site is generally located at the southwest corner of North Echohawk Way and East Sadie
Drive. (WEV)
M. FP -02-17 — Final Plat for Pamela Baker Park Subdivision — DMB Development: DMB
Development, represented by Dan Torfin., is requesting final plat approval for Pamela Baker Park
Subdivision, a 1 -lot, mixed use subdivision. The 17.47 -acre subdivision is located on the east side
of East Colchester Drive approximately 600 -feet southeast of the intersection of East Colchester
Drive and South Brookwater Lane. (WEV)
N. Minutes of April 17, 2017. (SKB)
Page 2 of 4
CITY COUNCIL AGENDA
April 25, 2017 5:30 P.M.
9. UNFINISHED BUSINESS:
A. 300' Distance Waiver for the service and/or sale of alcoholic beverages— Rib Shack LLC.:
Andrew Petrehn, representing Rib Shack is distance waiver as allowed in Idaho State Code 23-913.
State Code does not allow alcohol to be sold or dispensed to be consumed within three hundred (300)
feet of any public school, church, or any other place of worship, except with approval of the governing
body of the municipality. Mr. Petrehn is requesting a waiver from Council for his business premises
located at 395 W. State Street. Mr. Petrehn is seeking to add the service of liquor to the above
referenced premises. The service of beer and wine was approved on October 27, 2015. (SKB)
This item was continued from the April 11, 2017, City Council meeting.
B. RZ-02-03 MOD3 — Modification to Development Agreement — Steve Peel: Steve Peel, represented
by David Sterling with T -O Engineers, is requesting a modification to the rezone development
agreement associated with Lot 49, Block 1, within Coast 2 Coast Subdivision (aka Laguna Pointe
Subdivision) to modify the permitted commercial uses and building size allowances. The 1.51 -acre
site is located on Riversedge Drive approximately 260 -feet east of Eagle Road at 112 East Riversedge
Drive. (WEV) This item was continued from the April 11, 2017, City Council Meeting.
10. NEW BUSINESS:
A. FP -05-17 — Final Plat for Senora Creek Subdivision No. 3 — MM&T Holdings, LLC.: MM&T
Holdings, LLC, represented by Matt Schultz with Schultz Development, is requesting final plat
approval for Senora Creek Subdivision No. 3, a 16 -lot, (12 buildable, 4 common) residential
subdivision. The 4.72 -acre site is located on the west side of North Park Lane approximately 1,500 -
feet south of the intersection of North Park Lane and West Floating Feather Road at 725 North Park
Lane.
B. 2017 Legislation Discussion on House Bill 301, Oil and Gas Amendments
1. Presentation by Citizens Allied for Integrity and Accountability, represented by Shelly Brock
(15 minutes)
2. Presentation by Idaho Department of Lands represented by Tom Schultz (15 minutes)
3. Presentation by City Attorney Cherese McLain (15 minutes)
C. Discussion of support documentation for the F-35 Mission: Major General Gary Sayler with
the Idaho Air National Guard will present information to the Council regarding the F-35
Mission. Mayor Ridgeway is requesting approval of Resolution 17-13 urging the United States
Airforce to select Gowen Field for the F-35 Mission. (SR)
D. PD -01-17 — Swanson Parcel Division — Wayne Swanson: Wayne Swanson, represented by J.J.
Howard LLC, is requesting approval of a parcel division for the creation of two parcels. The 3 -acre
site is located on the south side of West State Street, approximately 550 -feet west of the intersection
of West State Street and South Grandean Way at 985 West State Street. (WEV)
11. PUBLIC HEARINGS: NONE
12. PUBLIC COMMENT:
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 items. Comments regarding Public Hearing 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 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.
Page 3 of 4
CITY COUNCIL AGENDA
April 25, 2017 5:30 P.M.
13. REPORTS:
A. Mayor and Council Reports:
B. City Hall Department Supervisor Reports:
C. City Attorney Report:
14. EXECUTIVE SESSION: §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:
(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. IMC
15. 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