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Agenda - 2022 - City Council - 11/09/2022 - Special THE CITY OF EAGLE CITY COUNCIL SPECIAL Olio�W.. � - AGENDA Eagle City Hall, 660 E. Civic Lane, Idaho November 9, 2022 5:30 PM INVOCATION: 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. Department Supervisor Reports: C. Eagle Police Department: D. 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. Reappointment to the Eagle Urban Renewal Agency: In accordance with Resolution 20-03,Mayor Pierce is requesting Council Confirmation of the reappointment of Ian Burnett to the Eagle Urban Renewal Agency. Mr. Burnett will be serving a four(4)year term that will expire in November 2026. (JWP) C. DR-61-22—Office(Medical and Dental) Building within Eagle Island Crossing —Jen Guerrero: Jen Guerrero,represented by James Marsh with CSHQA, is requesting design review approval for a 6,600-square foot office (medical and dental)building. The 0.736-acre site is generally located northeast of State Highway 44 and North Fisher Park Way at 74 North Fisher Park Way within Eagle Island Crossing(Lot 8,Block 2,Arts West Subdivision). (BAW) Eagle Dermatology Bldg in Arts West dr action.pdf D. DR-62-22—Two Building Wall Signs for Eagle Dermatology—Jen Guerrero: Jen Guerrero, represented by James Marsh with CSHQA, is requesting design review approval for two building wall signs for Eagle Dermatology. The 0.736-acre site is generally located northeast of State Highway 44 and North Fisher Park Way at 74 North Fisher Park Way within Eagle Island Crossing(Lot 8,Block 2, Arts West Subdivision). (BAW) Eagle Dermatology Signage dr action.pdf E. DR-63-22—Common Area Landscaping within Beaconwood Subdivision —Endurance Holdings, LLC: Endurance Holdings,LLC,represented by Kim Siegenthaler with Jensen Belts Associates,is requesting design review approval for the common area landscaping within Beaconwood Subdivision. The 37.34-acre site is located on the southeast corner of West Beacon Light Road and North Lanewood Road. (ERG) Beaconwood Sub LS dr action.pdf F. DR-64-22—One Subdivision Entry Monument Sign for Beaconwood Subdivision —Endurance Holdings,LLC: Endurance Holdings,LLC,represented by Kim Siegenthaler with Jensen Belts Associates, is requesting design review approval for one non-illuminated subdivision entry monument sign for Beaconwood Subdivision. The sign is proposed to be located at the southeast corner of North Lanewood Road and West Yarnell Street at the entrance to Beaconwood Subdivision. (ERG) Beaconwood Sub Sign dr action.pdf G. Findings of Fact and Conclusions of Law for the Approval of PP-17-21 —Spring Valley Subdivision Phase 1 (Spring Valley Large Lot Plat) GWC Capital,LLC: - GWC Capital, LLC, represented by Brook Cole, is requesting preliminary plat approval for Spring Valley Subdivision No. 1, a 53-lot(25 designated for future re-subdivision, 21-common, 7-future roadways) subdivision. The 996.84-acre site is generally located 3/4ths of a mile northeast of the intersection of State Highway 16 at Equest Lane(approximately 1 mile north of Beacon Light Road and Linder Road intersection). (MJW) Spring Valley Sub No. 1 ccf.pdf H. Findings of Fact and Conclusions of Law for the Approval of CU-12-22—Conditional Use Permit for a Height Exception and Public Service Facility—Veolia Water Idaho Inc.: Veolia Water Idaho Inc.,represented by J-U-B Engineers,is requesting conditional use permit approval for a height exception to construct a forty foot(40')tall water metering pole(aka public service facility)with an eight foot(8') antenna,totaling 48 feet. The 0.18-acre site is located on the east side of North Eagle Road approximately'/2 mile north of State Street at 600 North Eagle Road. (MNB) CU-12-22 AMI Pole cc£pdf I. Memorial Bench for Joan Asson: Request for Council approval of a Memorial bench to be located at Rivers End Trail. (ELZ) J. Live Performance Agreement Between the City of Eagle and Lisa Bittick Lowe: Live Performance Agreement between the City of Eagle and Lisa Bittick Lowe to perform at Eagle County Christmas. The artist shall be paid for actual services rendered at a rate not to exceed$250.00 (JDH). K. Live Performance Agreement Between the City of Eagle and The Sam Henry Band : Live Performance Agreement between the City of Eagle and The Sam Henry Band to perform at Eagle County Christmas. The artist shall be paid for actual services rendered at a rate not to exceed$500.00 (JDH). L. Live Performance Agreement Between the City of Eagle and Red Light Challenge : Live Performance Agreement between the City of Eagle and Red Light Challenge to perform at Eagle County Christmas. The artist shall be paid for actual services rendered at a rate not to exceed$500.00 (JDH). M. Independent Contract Between the City of Eagle and Committed Caseworks and Events,LLC : Independent Contract between the City of Eagle and Committed Caseworks and Events, LLC to provide audio technician services at Eagle County Christmas. The Independent Contract shall not exceed $900.00 (JDH). N. Municipal Water System Easement Agreement Between the City of Eagle and Terra View,LLC associated with Terra View Subdivision No. 1—Terra View,LLC: Terra View, LLC is requesting approval of three(3)municipal water system easement agreements for the municipal water system associated with Terra View Subdivision No. 1. The City Council approved the final plat for Terra View Subdivision No. 1 on October 11,2022(FP-13-22). O. Permanent Pathway Easement Agreement Between the City of Eagle and WPG BEP LLC,for a Public Pathway within Bald Eagle Pointe Subdivision No.2: WPG BEP,LLC is requesting approval of a permanent pathway easement agreement for Bald Eagle Pointe No.2. The 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) 8. UNFINISHED BUSINESS: A. Three Cities River Crossing: Staff will provide an update on the status of the Three Rivers Crossing Project- a bridge connecting SH-44 to US 20/26 at the terminus of SH-55. (NBS) 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. A. CU-10-22—Building Height Exception—North 45 Investments,LLC: North 45 Investments, LLC,represented by Walter Lindgren with Lindgren:LaBrie Architecture, is requesting conditional use permit approval for a building height exception to 54-feet, 6-inches. The request is in association with a proposed four(4) story mixed use building. The .96-acre site is located on the east side of South Olde Park Place between West State Street and West Aikens Road at 45 and 75 West State Street and 64 and 96 South Olde Park Place. (MJW) This item was continued from the October 11, 2022, City Council meeting. CU-10-22 The Aerie Mixed Use Building me2.pdf B. RZ-07-18 MOD/CU-03-18 MOD2/PPUD-02-18 MOD—Development Agreement Modification and Planned Unit Development Modification for Molinari Park Subdivision—Molinari Park Development,LLC: Molinari Park Development, LLC,represented by Walter Lindgren with Lindgren:LaBrie Architecture, PLLC, is requesting development agreement modification and planned unit development modification approvals to modify the development agreement concept plan and preliminary development plan site plan associated with the multi-family portion of Molinari Park Subdivision. The 24.6-acre site is located on the south side of East Plaza Drive approximately 300-feet east of the intersection of South 2nd Street and East Plaza Drive. (MJW) This item was continued from the October 25, 2022 City Council meeting. RZ-07-18 MOD- Molinari Park DA MOD.pdf C. ZOA-04-22—Zoning Ordinance Amendment(Ordinance 888)—City of Eagle: An ordinance of the City of Eagle,Ada County Idaho, amending Title 8 "ZONING", Chapter 7"ZONING ADMINISTRATION AND ENFORCEMENT";providing a severability clause; and providing an effective date. (MNB) ZOA-04-22 pz action with ordinance.pdf 10. NEW BUSINESS: A. ACTION ITEM: Ordinance 885—Farmstead Landing Subdivision: 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) and R-E (Residential-Estates)to R-2-DA(Residential with a development agreement-in lieu of a PUD); 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. 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) ORD 885 Farmstead Landing Nov 9th.pdf B. ACTION ITEM: Ordinance 890—Willow Run Senior Living Facility: 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 R-4-DA(Residential with a development agreement-in lieu of a conditional use permit); 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. The 10.44-acre site is located on the east side of North Linder Road approximately 90-feet south of the intersection of West Temple Drive and North Linder Road at 6910 and 6940 North Linder Road. The City Council approved the annexation and rezone applications on July 28, 2020. (A-02-20 and RZ-02-20) (MJW) ORD 890 Willow Run.pdf C. ACTION ITEM: Ordinance 891—Skyview Subdivision: 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 R-9-DA (Residential with a development agreement- [in lieu of a PUD]) and MU-DA(Mixed Use with a development agreement [in lieu of a PUD]); amending the zoning map of the City of Eagle to reflect saic change; directing that copies of this ordinance be filed as provided by law; and providing an effective date. The 18.94-acre site is located at the northwest corner of State Highway 44 and North Park Lane at 101 North Park Lane. 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) ORD 891 Skyview.pdf D. ACTION ITEM: Request by Melissa Sharp for Extension of Time to Remove Personal Belongings from City Owned Property Located at 97 W.Aikens. (VV) 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: 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.