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Agenda - 2023 - City Council - 02/14/2023 - Regular • THE CITY OF EAGLE CITY COUNCIL AMENDED AGENDA • Eagle City Hall, 660 E. Civic Lane, Idaho February 14, 2023 5:30 PM *Added Item 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: B. Department Supervisor: 1. City Treasurer,Financial Reports for January 2023. (KR) January 2023 Monthly Financial Statements 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. Minutes of January 10,2023. (TEO) C. Minutes of January 24,2023. (TEO) D. Reappointment to the Planning and Zoning Commission: In accordance with Resolution 20-03, Mayor Pierce is requesting Council Confirmation of the reappointment of Diane McLaughlin to the Planning and Zoning Commission. Ms. McLaughlin will be serving a three (3)year term that will expire February 2026. (JWP) E. Reappointment to the Urban Renewal Agency: In accordance with Resolution 20-03,Mayor Pierce is requesting Council Confirmation of the reappointment of Mark Butler to the Eagle Urban Renewal Agency. Mr. Butler will be serving a two (2)year term that will expire February 2025. (JWP) F. Appointment to the Urban Renewal Agency: In accordance with Resolution 20-03,Mayor Pierce is requesting Council Confirmation of the appointment of Francie Agrusa to the Eagle Urban Renewal Agency. Ms.Agrusa will be serving a four(4)year term that will expire January 2027. (JWP) G. Appointment to the Urban Renewal Agency: In accordance with Resolution 20-03,Mayor Pierce is requesting Council Confirmation of the appointment of Teri Ledoux to the Eagle Urban Renewal Agency. Ms. Ledoux will be serving a vacated term that will expire August 2024. QWP) H. Service Agreement Between the City of Eagle and Trout Architects-: A Service Agreement between the City of Eagle and Trout Architects to provide a detailed structural historic preservation report of the historic Orville Jackson House in an amount not to exceed$10,500.00. (ACD) I. Findings of Fact and Conclusions of Law for the Approval of CU-15-22-Waiver of Eagle City Code Section 8-3-3(B)(2)-Gary Brookshier: Gary Brookshier is requesting conditional use permit approval to permit the installation of a decorative concrete fence/wall adjacent to an arterial street. The 1.18-acre site is located on the northeast corner of the intersection of West Chinden Boulevard and South Locust Grove Road at 1557 West Hempstead Drive (Lot 14,Block 8,Banbury Subdivision No.6). (MJR) CU-15-22 Brookshier ccf.pdf J. Findings of Fact and Conclusions of Law for the Approval of CU-17-22-Waiver of Eagle City Code Section 8-3-3(B)(2)-Leonard and Cara Butler: Leonard and Cara Butler are requesting conditional use permit approval to permit the installation of a decorative concrete fence/wall adjacent to an arterial street. The 1-acre site is located on the northeast corner of the intersection of West Chinden Boulevard and South Locust Grove Road at 1401 West Hempstead Drive (Lot 11, Block 8,Banbury Subdivision No.6). (MJR) CU-17-22 Butler ccf.pdf K. Findings of Fact and Conclusions of Law for the Approval of 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, 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) RZ-07-18 MOD-Molinari Park DA MOD ccf.pdf L. Findings of Fact and Conclusions of Law for the Approval of A-04-22/RZ-04-22/CU-04-22/PPUD- 02-22/PP-08-22 - Carp Ranch Subdivision: Gemshore Eagle RE, LLC, represented by Stephanie Hopkins and/or Kevin McCarthy,P.E.,with KM Engineering, LLP, is requesting an annexation,rezone from RUT(Rural-Urban Transition—Ada County designation)to R-1-DA-P (Residential with a development agreement—PUD) and R-3-DA-P (Residential with a development agreement—PUD), conditional use permit,preliminary development plan, and preliminary plat approvals for Carp Ranch Subdivision, a 77-lot(70-buildable, 7-common)residential planned unit development. The 3 6.18-acre site is located on the south side of West Floating Feather Road approximately 500-feet west of the intersection of North Cove Colony Way and West Floating Feather Road. (MJW) Carp Ranch PP ffcl exhibit.pdf M. Development Agreement Associated with RZ-06-22/CU-07-22/PPUD-04-22/PP-10-22 - Shingle Creek Subdivision: Staff is requesting approval of the development agreement associated with the 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). The City Council approved the associated rezone, conditional use permit, and planned unit development applications on August 23, 2023 (RZ-06-22/CU-07-22/PPUD-04-22/PP-10-22). (MJW) N. Development Agreement Modification Associated with RZ-07-18 MOD Molinari Park Subdivision: Staff is requesting approval of the development agreement modification associated with Molinari Park Subdivision. The City Council approved the associated development agreement modification application on January 10, 2023 (R-Z-07-18 MOD). (MJW) O. Boise River Crossing Easement Agreement Between the City of Eagle and the Idaho Department of Lands: An Easement Agreement between the City of Eagle and the Idaho Department of Lands for the purpose of constructing,using and maintaining a pedestrian green belt bridge over the Boise River. There is an administrative fee in the amount of$300.00. (NBS) P. DR-73-22 -Demolish Three Existing Buildings and Build a New Building For Eagle Gateway Mixed Use-The Pacific Companies: The Pacific Companies,represented by Walter Lindgren with Lindgren Labrie Architecture,PLLC, is requesting design review approval to demolish three buildings and to construct a new building for Eagle Gateway, a three story mixed use building consisting of restaurant,retail, office,personal improvement,personal services,wine bar, and 17-residential units (66,000-SF total [12,090-SF 1st Floor with 10,835-SF parking, 24,423-SF 2nd Floor, and 20,062-SF 3rd Floor]). The 0.704-acre(total) site is located on the southeast corner of East State Street and South Eagle Road at 11, 51, 67, 83, and 91 East State Street(Lots 1-5, Block 3,Eagle Townsite). (BAW) Eagle Gateway MU Bldg dr action.pdf Q. DR-74-22 -Master Sign Plan for a Multi-tenant Mixed Use Building for Eagle Gateway-The Pacific Companies: The Pacific Companies,represented by Walter Lindgren with Lindgren Labrie Architecture, PLLC, is requesting design review approval for a master sign plan for a multi-tenant mixed use building for Eagle Gateway. The 0.704-acre (total) site is located on the southeast corner of East State Street and South Eagle Road at 11, 51, 67, 83, and 91 East State Street(Lots 1-5, Block 3, Eagle Townsite). (BAW) Eagle Gateway MSP dr action.pdf R. DR-59-14 MOD-Modification to the Proposed Streetscape and Building Elevations for a Commercial/Residential Building-Yesterday Properties,LLC: Yesterday Properties,LLC, represented by Walter Lindgren with Lindgren Labrie Architecture, is requesting design review approval to modify the streetscape along North 2nd Street and to make minor modifications to the commercial/residential building. The 0.17-acre site is located on the southeast corner of North 2nd Street and East Idaho Street at 166 North 2nd Street. (BAW) Modify streetscape and bldg dr action.pdf S. DR-45-02 MOD2-Modification to the Streetscape in Front of an Existing Office/ Residential Building,Including the Removal of Existing Trees-Yesterday Properties,LLC: Yesterday Properties,LLC,represented by Shawn Nickel, is requesting design review approval to modify the streetscape in front of the commercial/residential building by removing existing trees. The 0.17-acre site is located on the east side of North 2nd Street approximately 150-feet north of East State Street at 148 North 2nd Street. (BAW) Modify streetscape dr action.pdf T. Resolution 23-05-Amending and Restating the Volunteer Policy: A resolution of the City of Eagle, Idaho adopting the amended and restated City of Eagle Volunteer Policy and providing an effective date, (TEO) Resolution-23-05 -Volunteer Policy Amended and Restated U. *DR-76-22 -One Entry Feature and One Subdivision Entry Monument Sign for Benari Estates Subdivision-Eagle 1 LLC: Eagle 1 LLC,represented by Laren Bailey, is requesting design review approval for one entry feature and one subdivision entry monument sign for Benari Estates Subdivision. The 35.29-acre site is located at the northeast corner of West State Street and North Ballantyne Lane at 1770 West State Street. (ERG) Benari Estates Sub Entry Feature and Sign dr action.pdf V. *DR-75-22 -Common Area Landscaping within Benari Estates Subdivision-Eagle 1 LLC : Eagle 1 LLC,represented by Laren Bailey, is requesting design review approval for the common area landscaping within Benari Estates Subdivision. The 3 5.29-acre site is located at the northeast corner of West State Street and North Ballantyne Lane at 1770 West State Street. (ERG) Benari Estates Sub LS dr action.pdf W. *DR-13-17 MOD3-Common Area Landscaping within Pamela Baker Park,including Future Phasing-The City of Eagle: The City of Eagle, represented by Rodney Evans with Rodney Evans and Partners, is requesting design review approval of the common area landscaping within Pamela Baker Park including future phasing. The 23.05-acre site is located on the northeast corner of East Fishing Creek Drive and East Colchester Drive at 850 East Fishing Creek Drive and 801 East Laguna Shore Lane. (ERG) Pamela Baker Park LS &Phasing dr action.pdf 8. UNFINISHED BUSINESS: A. ACTION ITEM.- ACHD Integrated Five Year Work Program Recommendations. (NB S) 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. VAC-03-22-Vacation to the Amended Final Plat of Ringo Ridge Estates Subdivision-James Hoover, Travis Kuntz,and Juan Morales: James Hoover,Travis Kuntz, and Juan Morales are requesting a vacation of the 12-foot public utility, streetlight, drainage, and irrigation easement located on the westernmost property lines of Lots 3,4, and 5, Block 4,Amended Plat of Ringo Ridge Estates Subdivision. The 0.69-acre site(consisting of all three lots)is located on the west side of East Mariposa Drive, approximately 125-feet north of the intersection of East Mariposa Drive and East Sadie Drive. (WEV/MJR) VAC-03-22 Ringo Ridge Sub No.l pz action.pdf B. VAC-04-22-Vacation to the final plat of Riversend Subdivision No.2-Mark and Carissa Summers: Mark and Carissa Summers are requesting to vacate 2-feet of the 12-foot rear yard public utilities and Riversend Neighborhood Association irrigation easement located within Lot 19,Block 9, Riversend Subdivision No. 2. The .40-acre site is located on the south side of East Riversong Drive approximately 50-feet north of the intersection of East Garden Brook Drive and East Riversong Drive at 1225 East Riversong Drive. (MJW) VAC-04-22 Summers pz action.pdf C. CU-18-22 Waiver of Rear Setback-Mark and Carissa Summers : Mark and Carissa Summers are requesting conditional use permit approval for a waiver to reduce the rear setback from 25-feet to 10- feet on Lot 19,Block 9,within Riversend Subdivision No. 2. The .40-acre site is located on the south side of East Riversong Drive approximately 50-feet north of the intersection of East Garden Brook Drive and East Riversong Drive at 1225 East Riversong Drive. (MJW) CU-18-22 Summers stf rpt complete.pdf D. PP-14-22- Stadium View Center Subdivision-Margie and Jerron Porchia : Margie and Jerron Porchia are requesting preliminary plat approval for Stadium View Center Subdivision, a 10-lot(8- buildable [5-residential,2-commercial],2-common)mixed use subdivision. The 2.56-acre site is located on the west side of North Horseshoe Bend Road approximately 130-feet south of intersection of West Bonita Hills Boulevard and North Horseshoe Bend Road at 10201 North Horseshoe Bend Road. (MJW) Stadium View PP cc packet.pdf E. A-13-22/RZ-17-22-Annexation and Rezone from RR to R-E-DA- Colleen Marks-: Colleen Marks is requesting an annexation with rezone from RR(Rural Residential-Ada County designation)to R-E- DA(Residential-Estates with a development agreement). The 1.00-acre site is located on the east side of North Hawk Wing Lane approximately 300-feet north of the intersection of West Homer Road and North Hawk Wing Lane at 4940 North Hawk Wing Lane. (MJW) James Annexatin Rezone cc packet.pdf F. RZ-04-18 MOD2 -Madera Development,Inc.: Madera Development, Inc.,represented by Jon Breckon and Mary Wall with Breckon Land Design, is requesting a modification to the rezone development agreement associated with the approved Bellemeade Subdivision. The request is to modify the front yard setback identified in the previously approved Condition of Development 3.4. The 10.99- acre site is located on the north side of West Flint drive at the northeast corner of West Flint Drive and North Park Lane at 3850 West Flint Drive and 312 North Park Lane. (MJW) Bellemeade DA MOD2 cc packet.pdf 10. NEW BUSINESS: A. ACTION ITEM.- Opioid Settlement Participation: The State of Idaho has reached an agreement to participate in additional nationwide opioid settlements with three chain pharmacies—Walmart, CVS and Walgreens—and two opioid manufacturers—Teva Pharmaceutical Industries and Allergan. Staff is requesting authorization for the Mayor to sign Subdivision Participation Forms for each of the pharmacies and both of the manufacturers. (KR) Attorney General,Lawrence Warden's Letter to Cities Opioid Settlement Agreements with Pharmacies, Teva and Allergan PowerPoint Presentation B. *ACTIONITEM.• Action Regarding Continuation or Termination of the Lease Agreement Between the City of Eagle and the Eagle Senior Citizens Inc. (a Non-Pro fit)^(JWP) Lease Agreement-2015 - Second Amended Lease Eagle Senior Citizen&Community Center 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. *ACTIONITEM: Pending/Threatened Litigation Action Regarding 127 South Eagle Road and 97 West Aikens. 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.