Agenda - 2019 - City Council - 02/26/2019 - Regular (2)THE CITY OF EAGLE
CITY COUNCIL AGENDA
Eagle City Hall, 660 E. Civic Lane
February 26, 2019 5:30 p.m.
INVOCATION:
1. CALL TO ORDER:
2. ROLL CALL: BASTIAN, GOLD, PITTMAN, MITCHELL.
3. PLEDGE OF ALLEGIANCE:
4. EXECUTIVE SESSION: 74-206. EXECUTIVE SESSIONS (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:
A. ACTION ITEM (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;
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. ADDITIONS, DELETIONS OR MODIFICATIONS TO THE AGENDA:
A. City Staff requests.
B. Mayor or City Council requests.
7. ALL CONSENT 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. February 22, 2019 Special Meeting Minutes. (SKB)
C. Community Event Application: Mayor Ridgeway is requesting Council confirmation of
the revised Community Event Application. (SR)
D. Dry Creek Trail Chante Order No. 5: Approve change order No.5 for the Dry Creek
Trail for Knife River to install a culvert under the trail (not to exceed $6,500.00) and to
extend the contract for construction engineering and inspection for HDR, Inc. to oversee
and inspect the installation $6,277.44). (NBS)
E. Personal Services Agreement for Traffic Box Art Fabrication, Installation &
Maintenance. (SR)
F. February 12, 2019 Meeting Minutes. (SKB)
G. Resolution No. 19-11 Authorizing Destruction of Semi -Permanent Records. (SKB)
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February 26, 2019 5:30 p.m.
H. Resolution 19-12 Declaration Personal Property Surplus. (SKB)
L DR -45-02 MOD — Building Addition to a Second Floor Apartment and Convert an
Existing Carport to a Garage — Yesterday Properties, LLC: Yesterday Properties LLC,
represented by Shawn L. Nickel with SLN Planning, is requesting design review approval
to modify the existing 904 -square foot apartment located on the second floor by
constructing a 330 -square foot addition. The existing carport will be converted to a 305 -
square foot enclosed garage. The 0.17 -acre site is located on the east side of 2nd Street
approximately 150 -feet north of State Street at 148 North 2nd Street. (WEV)
J. DR -58-15 MOD4 — Modification to the Apartment Buildings within The Lakes at
Eagle Apartment Complex — Eagle Lakes Associates, LLC: Eagle Lakes Associates,
LLC, represented by Douglas Gibson with DG Group Architecture, is requesting design
review approval to modify the building elevations of the apartment buildings within the
Lakes at Eagle apartment complex. The changes to the buildings include the following:
changing the style and color of the garage doors, removing the trellis' from above the
garage doors, changing the trim color around the garage doors, and painting the shutters to
match the new color of the garage doors. The 11.17 -acre site is located on the south side of
East Riverside Drive, approximately 1,129 -feet west of the intersection of State Highway
55 and State Highway 44 at 2411 East Riverside Drive. (WEV)
K. EXT -01-19 — Combined Preliminary/Final Plat Extension of Time for Piccadilly
Village Subdivision No. 2 (PP/FP-03-17 — Old Town 1, LLC: Old Town, LLC,
represented by Mark Butler, is requesting a one (1) year extension of time for the combined
preliminary plat/final plat approval for Piccadilly Subdivision No. 2, a 3 -lot commercial
subdivision (re -subdivision Lot 14, Block 1, Piccadilly Village Subdivision). The 1.75 -acre
site is located at the southeast corner of North Echohawk Lane and East Hill Road at 220
South Echohawk Lane. (WEV)
L. EXT -02-19 — Final Plat Extension of Time for Tandem Ridge Subdivision (FP -22-17)
— Greg McVay: Greg McVay, is requesting a one (1) year extension of time for the final
plat approval for Tandem Ridge Subdivision, a 29 -lot (24 -buildable, 5 -common) residential
subdivision. The 1.98 -acre site is located on the east side of North Horseshoe Bend Road
approximately 120 -feet south of West Goose Creek Road at 12000 North Horseshoe Bend
Road. (WEV)
M. Findings of Fact & Conclusions of Law for A-08-18 & RZ-13-18 — Annexation and
Rezone From RUT (Rural -Urban Transition — Ada County Designation) To MU -DA
(Mixed Use with a Development Agreement) and R -2 -DA (Residential with a
Development Agreement) — Hoot Nanney Farms, Inc. (Michal and Bill Dixon): Hoot
Nanney Farms, Inc. (Michal and Bill Dixon), represented by Caleb LaClair, P.E., with T -O
Engineers, is requesting an annexation and rezone from RUT (Rural -Urban Transition —
Ada County designation) to MU -DA (Mixed Use with a development agreement) and R -2 -
DA (Residential with a development agreement). The 89.85 -acre site is located on the east
side of State Highway 16 at the northeast corner of the intersection of State Highway 16
and West Floating Feather Road. (WEV)
N. Findings of Fact & Conclusions of Law for RZ-14-18 — Rezone from A -R
(Agricultural -Residential) to R -E (Residential -Estates) — SLN Planning: SLN Planning,
represented by Shawn Nickel, is requesting a rezone from A -R (Agricultural -Residential) to
R -E (Residential -Estates). The 4.33 -acre site is located on the north side of West Floating
Feather Road approximately 440 -feet east of the intersection of North Meridian Road and
West Floating Feather Road at 2924 West Floating Feather Road. (WEV)
O. Findings of Fact & Conclusions of Law for CU -04-18 MOD — Equipment Rental and
Sales Yard Use — Doug Newell: Doug Newell is requesting approval of a conditional use
permit modification to modify previously established site specific conditions of approval
No. 5 and No. 6 and to request waivers (to permit the use of chain link fencing and to
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CITY COUNCIL AGENDA
February 26, 2019 5:30 p.m.
permit a portion of the site to remain gravel) pursuant to Idaho Code 67-6512(f). The 1.39 -
acre site is located on the south side of East State Street approximately 285 -feet east of the
intersection of South Academy Avenue and East State Street at 1445 East State Street.
(WEV)
P. Findings of Fact & Conclusions of Law for DR -02-97 MOD - Modifications to an
Existing Commercial Building, Including the Exterior Building Elevations and
Landscaping - Eric Tate: Eric Tate, represented by Doug Newell with ALC Architecture,
is requesting design review approval to convert an existing 6,250 -square foot auto auction
facility to an equipment rental and sales yard use. The 1.39 -acre site is located on the south
side of East State Street approximately 2850feet east of the intersection of South Academy
Avenue and East State Street at 1445 East State Street. (WEV)
Q. Findings of Fact & Conclusions of Law for DR -62-18 - Building Wall Sign and
Monument Sign for Tates Rents - Eric Tate: Eric Tate, represented by Doug Newell
with ALC Architecture, is requesting design review approval to construct a building wall
sign and monument sign for Tates Rents. The 1.39 -acre site is located on the south side of
East State Street approximately 285 -feet east of the intersection of South Academy Avenue
and East State Street at 1445 East State Street. (WEV)
R. Findings of Fact & Conclusions of Law for RZ-13-05 MOD5 — Modification to the
Development Agreement Third Modification (Instrument No. 2018-030159) — Cloud
Berry, LLC: Cloud Berry, LLC, represented by Justin Martin, is requesting a modification
to the executed development agreement (Instrument No. 2018-030159) to modify the
memorandum of agreement (Exhibit H) associated with the construction of the municipal
well. The 623.9 -acre site is generally located approximately 1,850 -feet north of State
Highway 44 between Linder Road and State Highway 16. (WEV)
S. Findings of Fact & Conclusions of Law for FPUD-13-18 & FP -15-18 — Final
Development Plan and Final Plat for Snoqualmie Falls Subdivision No. 11 — White
Sturgeon, LLC: White Sturgeon, LLC, represented by Justin Martin, is requesting final
development plan and final plat approvals for Snoqualmie Falls Subdivision No. 11, a 38 -
lot (32 -buildable, 6 -common) residential planned unit development. The 19.7 -acre site is
located on the south side of West Nordic Drive approximately 1,300 -feet east of North
Palmer Lane. (WEV)
T. Findings of Fact & Conclusions of Law for FPUD-17-18 & FP -21-18 — Final
Development Plan and Final Plat for Snoqualmie Falls Subdivision No. 12 — White
Sturgeon, LLC: White Sturgeon, LLC, is requesting final development plan and final plat
approvals for Snoqualmie Falls Subdivision No. 12, a 38 -lot (32 -buildable, 6 -common)
residential planned unit development. The 19.7 -acre site is located on the south side of
West Nordic Drive approximately 1,300 -feet east of North Palmer Lane. (WEV)
U. FP -22-18 — Final Plat for Truman Cove Subdivision No. 2 - TPC Brooklyn Park
Investors, LLC: TPC Brooklyn Park Investors, LLC, represented by John Renison with
Renison Engineering, is requesting final plat approval for Truman Cove Subdivision No.
2, a 43 -lot, (35 buildable, 8 common) mixed use subdivision. The 8.21 -acre site is located
on the south side of State Highway 44 approximately 1,100 -feet south of the intersection of
State Highway 44 and South Ancona Avenue at 2035 East Riverside Drive. (WEV)
V. Appointment to the Parks, Pathways and Recreation Commission: In accordance with
Resolution 14-19, Mayor Ridgeway is requesting Council confirmation of the appointment
of Charlene Broom to the Commission. Ms. Broom will be serving a three (3) year term
that will expire February 2022. (SR)
W. Appointment to the Parks, Pathways and Recreation Commission: In accordance with
Resolution 14-19, Mayor Ridgeway is requesting Council confirmation of the appointment
of Michael Heilman to the Commission. Mr. Heilman will be serving a three (3) year term
that will expire February 2022. (SR)
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CITY COUNCIL AGENDA
February 26, 2019 5:30 p.m.
X. Appointment to the Parks, Pathways and Recreation Commission: In accordance with
Resolution 14-19, Mayor Ridgeway is requesting Council confirmation of the appointment
of Robert Minch to the Commission. Mr. Minch will be serving a three (3) year term that
will begin April 2019 and expire April 2022. (SR)
Y. Agreement Renewal for Eagle Fun Days with Outdoor Event Group for fiscal year
2019: Mayor Ridgeway is requesting Council approval of an Independent Contract
Agreement Renewal with Outdoor Event Group, whereas the contractor organizes and
operates the 2019 Eagle Fun Days parade. (SR)
Z. Release and Indemnity — Brian J. and Tammara A. Foley — Construct improvements
within a public utility, drainage, and irritation easement: Brian J. and Tammara A.
Foley are requesting approval of a Release and Indemnity agreement to allow the
construction of improvements within a public utility, drainage, and irrigation easement
area. The public utility, drainage, and irrigation easement area is located adjacent to the rear
lot line of Lot 5, Block 5, Williamson River Ranch Subdivision No. 1, at 1796 South Isla
Del Rio Way. (WEV)
AA. Release and Indemnity — Tri T. and Jessica A. Slaven — Construct improvements
within a public utility, drainage, and irritation easement: Tri T. and Jessica A. Slaven
are requesting approval of a Release and Indemnity agreement to allow the construction of
improvements within a public utility, drainage, and irrigation easement area. The public
utility, drainage, and irrigation easement area is located adjacent to the rear lot line of Lot
6, Block 5, Williamson River Ranch Subdivision No. 1, at 1770 South Isla Del Rio Way.
(WEV)
BB. Release and Indemnity — Todd Campbell Construction, Inc. — Construct
Improvements within a public utility, drainage, and irritation easement: Todd
Campbell with Todd Campbell Construction, Inc, is requesting approval of a Release and
Indemnity agreement to allow the construction of improvements within a public utility,
drainage, and irrigation easement area. The public utility, drainage, and irrigation easement
area is located adjacent to the rear lot line of Lot 12, Block 5, Williamson River Ranch
Subdivision No. 1, at 1587 East Crowne Pointe Drive. (WEV)
UNFINISHED BUSINESS:
A. ACTION ITEM: CU -10-05 MOD — Church Building Addition/Modification to Conditions of
Approval — Eagle Church of the Nazarene: Eagle Church of the Nazarene, represented by Matt
Garner with Architecture Northwest, PA, is requesting conditional use permit modification
approval for a church building addition, to remove the expiration date associated with previously
approved conditional use permit application, and to lease the on-site ball fields to an
entity/organization other than the church. The 21.38 -acre site is located on the south side of West
State Street approximately 210 -feet east of North Riverview Street at 1001 West State Street.
(WEV) This item was continued from the February 12, 2019, City Council meeting.
ALACTION ITEM: DR -29-99 MOD2 — Church Buildin! Addition and Parking Lot
Expansion for Eagle Church of the Nazarene - Eagle Church of the Nazarene: Eagle
Church of the Nazarene, represented by Matt Garner with Architecture Northwest, PA, is
requesting design review approval to construct a 2,160 -square foot building addition and a
parking lot expansion for the Eagle Church of the Nazarene. The 21.38 -acre site is located on
the south side of West State Street approximately 210 -feet east of North Riverview Street at
1001 West State Street. (WEV) This item was continued from the February 12, 2019, City
Council meeting.
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CITY COUNCIL AGENDA
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9. 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.
♦ Disclosure of ex parte and/or conflict of interest.
A. ACTION ITEM: VAC -01-19 — Vacation to the final plat of Williamson Ranch Subdivision
No. 1 — The Land Group Inc.: The Land Group, Inc., represented by Tamara Thompson, is
requesting a vacation of rear lot line public utility, drainage, and pressurized irrigation easements
located within Williamson River Ranch Subdivision No. 1. The 33.09 -acre site is generally
located at the eastern terminus of East Island Woods Drive. (WEV) This public hearing was not
noticed in accordance with Idaho State Code 50-1306A(2), therefore, this application will be re -
noticed for a public hearing at a future date.
B. ACTION ITEM: Public hearing regarding proposed changes to Community Event
Application fees: In accordance with Idaho State Code § 63-1311A, a public hearing is being
held to consider a new fee schedule associated with Community Event Applications. (SR)
B1. Resolution No. 19-09: Adopting a combined fee schedule reflecting newly adopted
Community Event application fees.
C. ACTION ITEM: CU -09-18 — Conditional Use Permit for Flex Space Use and Side Yard
Setback Reduction to Five Feet (5') — Old Town 1, LLC: Old Town 1, LLC, represented by
Mark Butler, is requesting a conditional use permit for the allowance of flex space within
Building A and Building B (uses may also include the permitted uses identified in the approved
development agreement (Instrument 92018-030155)) and an interior side yard setback reduction
to five feet (5') to accommodate the future placement of a lot line between Building A and
Building B. The 1.75 -acre site is located on the southeast corner of East Hill Road and South
Echohawk Lane at 220 South Echohawk Lane (Lot 14, Block 1, Piccadilly Village Subdivision
No.2). (WEV)
D. ACTION ITEM: RZ-07-18/CU-03-18/PPUD-02-18/PP-06-18 — Molinari Park Planned Unit
Development — Eagle 26, LLC: Eagle 26, LLC, represented by John King with Pivot North
Architecture, is requesting a rezone from CBD (Central Business District) to CBD -DA -P (Central
Business District with a development agreement — PUD), conditional use permit, preliminary
development plan, and preliminary plat approvals for Molinari Park Subdivision, a 117 -lot, 307 -
unit (94-townhome, 3-commercial/residential [consisting of 213 -units], 6 -commercial, 17 -
common [inclusive of 3 -private streets]) mixed use planned unit development. 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. (WEV)
10. NEW BUSINESS:
A. ACTIONITEM: 2020-2024 Integrated Five -Year Work Plan (IFYWP) Request: Review and
recommendation to the Ada County Highway District (ACHD) for projects within the City of
Eagle for inclusion into the ACHD 2020-2024 Integrated Five -Year Work Program. (NBS)
B. ACTION ITEM: Merrill Park Playground and Splash Pad Presentation: Review and
recommendation regarding the proposed playground equipment and splash pad play area within
Reid W. Merrill Sr. Community Park. (BJ)
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CITY COUNCIL AGENDA
February 26, 2019 5:30 p.m.
11. 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.
12. REPORTS:
A. Mayor and Council Reports:
B. City Hall Department Supervisor Reports:
1. City Clerk/Treasurer Bergmann: Monthly Financial Report -January 2019
C. City Attorney Report:
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.
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