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Agenda - 2023 - City Council - 06/27/2023 - Regular THE CITY OF EAGLE CITY COUNCIL AGENDA Eagle City Hall, 660 E. Civic Lane, Idaho June 27, 2023 5:30 PM INVOCATION: 1. ROLL CALL: GINDLESPERGER,PIKE,BAUN,RUSSELL. 2. CALL TO ORDER: 3. PLEDGE OF ALLEGIANCE: 4. ADDITIONS.DELETIONS OR MODIFICATIONS TO THE AGENDA: 5. RECOGNITION: 6. REPORTS: A. Mayor and Council B. Department Supervisor: 1. City Treasurer,Financial Reports for May 2023 City of Eagle May Monthly Financial Statements C. Eagle Police Department D. City Attorney 7. 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. 8. CONSENT AGENDA: ALL CONSENT AGENDA ITEMS ARE CONSIDERED ACTIONITEMS. 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 June 13,2023. (TEO) C. Minutes of June 15,2023. (TEO) D. Independent Contract Agreement Between the Ci , of Eagle and Mike Olsen Photography: An Independent Contract Agreement between the City of Eagle and Mike Olsen Photography for Eagle Fun Days. Compensation shall be at a rate of$1,000.00 for photography services. (JDH) E. Independent Contract Instructor Agreement Between the Ci1y of Eagle and Lisa Foster : An Independent Contract Instructor Agreement Between the City of Eagle and Lisa Foster in teaching Voice Over Acting Classes. Compensation shall be at a rate of 70%of the total revenue generated by registration. (KRD) F. Independent Contract Instructor Agreement Between the Ci1y of Eagle and Jack Drew : An Independent Contract Instructor Agreement Between the City of Eagle and Jack Drew for Teaching Soccer Camps. Compensation shall be at a rate of 70% of the total revenue generated by registration fees. (LKB) G. DR-18-23 -Apartment Buildings [inal. 1.000-SF Retail],and Common Area Landscaping within Molinari Park Subdivision-Silverado Management: Silverado Management,represented by Walter Lindgren with Lindgren:Labrie Architecture, is requesting design review approval for three(3) apartment buildings (one—61,423-SF [including 1,000-SF retail], one—82,686-SF, one—87,807-SF) and common area landscaping within Molinari Park Subdivision. The 7.16-acre site is located on the south side of East Plaza Drive approximately 1,200-feet east of the intersection of South 2nd Street and East Plaza Drive at 401 East Cedar Ridge Street. (ERG) Molinari Park Multi-family Design Review Action H. DR-24-23 -Office(Business and Professional)Building in Eagle Island Crossing-Aspire Realty Group: Aspire Realty Group,represented by Walter Lindgren with Lindgren:Labrie Architecture, is requesting design review approval for a 5,886-square foot office(business and professional)building within Eagle Island Crossing. The 0.55-acre site is generally located northeast of State Highway 44 and North Fisher Park Way at 62 North Fisher Park Way within Eagle Island Crossing(Lot 9,Block 2,Arts West Subdivision No. 2). (ERG) Office Building in Eagle Island Crossing Design Review Action L DR-25-23 -Two Building Wall Signs for Aspire Reafty Group-Aspire Reafty Group : Aspire Realty Group,represented by Walter Lindgren with Lindgren: Labrie Architecture, is requesting design review approval for two halo illuminated building wall signs. The 0.55-acre site is generally located northeast of State Highway 44 and North Fisher Park Way at 62 North Fisher Park Way within Eagle Island Crossing(Lot 9,Block 2,Arts West Subdivision No. 2). (ERG) Aspire Realty Group Signage Design Review Action J. Findings of Fact and Conclusions of Law for the Approval of RZ-04-17 MOD2 & PP/FP-01-22 - Development Agreement Modification and Combined Preliminary and Final Plat for Bronco Acres Subdivision-Mustang Crossing Eagle,LLC: Mustang Crossing Eagle,LLC,represented by Stephanie Hopkins with KM Engineering, LLP,is requesting a development agreement modification and combined preliminary/final plat approvals for Bronco Acres Subdivision(a re-subdivision of a portion of Lots 1 and 9, and all of Lot 4, Block 2, Flint Estates Subdivision), an 8-lot(7-commercial, 1- residential/flex space)mixed use subdivision. The 9.84-acre site is located at the northeast corner of North Park Lane and State Highway 44. (MJW) Bronco Acres Sub CCF.pdf K. Easement Agreement associated with Arvory Crest Subdivision No.2 -AG Essential Housing_: Staff is requesting approval of an easement agreement associated with Arvory Crest Subdivision No. 2. The easement agreement is for the installation, maintenance,repair,replacement,use, and operating an underground water line or lines associated with the City of Eagle's Municipal Water System. The 31.49- acre site is located at the southeast corner of State Highway 16 and West Floating Feather Road. (MJW) Arvory Crest Sub No. 2 Easement Agreement L. Memorial Bench for Ada Marie Larsen: Request for Council approval of a memorial bench to be located on the North Channel Center greenbelt. (ELZ) M. Rejection of Bids-Eagle Road Waterline-Veolia Connection : Staff is recommending Council rejec all informal bids received for the Eagle Road Waterline-Veolia Connection as all bids received exceeded the maximum allowed for informal bidding process. (KRA) Eagle Road Waterline-Veolia connection informal bid memo.pdf N. Addendum No. 1: Avimor Master Water Plan: Clarification of irrigation plan. (NBS/NMS) Avimor Water Master Plan Addendum 1 9. UNFINISHED BUSINESS: NONE 10. 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. RZ-18-22/PP-23-22 -Rezone and Preliminary Plat for Silvercreek Subdivision-Eagle River Development,LLC: Eagle River Development, LLC,represented by Dave Yorgason,is requesting a rezone from A(Agricultural)to R-2-DA(Residential with a development agreement [in lieu of a PUD]) and preliminary plat approvals for Silvercreek Subdivision, a 53-lot(4 1-buildable, 12-common) residential subdivision. The 65.39-acre site is located on each side of West Mace Road approximately 1,740-feet west of the intersection of West Windbreaker Lane and West Mace Road at 1522 and 1811 West Mace Road. (MJW) Silvercreek Sub CC PKT.pdf 11. NEW BUSINESS: A. ACTIONITEM: DR-26-23 -One Bar/Retail Building and One Multi—tenant Commercial Building within Palmetto Plaza- TERM Investments,LLC: TERM Investments, LLC,represented by Rebecca Forster,is requesting design review approval for two buildings [one 1,920-SF bar/retail building and one 9,284-SF multi-tenant commercial building] within Palmetto Plaza. The 1.1-acre site is located on the southeast corner of East Plaza Drive and South Palmetto Avenue at 781 East Plaza Drive (Lot 17, Block 3, Merrill Subdivision No. 2). (BAW) B. ACTIONITEM: DR-27-23 -Master Sign Plan for Palmetto Plaza,Including Three Building Wall Signs for Sturman's-TERM Investments,LLC: TERM Investments, LLC,represented by Rebecca Forster, is requesting design review approval for a master sign plan for Palmetto Plaza, including three building wall signs for Sturman's. The 1.1-acre site is located on the southeast corner of East Plaza Drive and South Palmetto Avenue at 781 East Plaza Drive(Lot 17, Block 3, Merrill Subdivision No. 2). (BAW) 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. 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: (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: Action regarding pending/threatened litigation. 14. 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.