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Minutes - 2023 - City Council - 05/23/2023 - Regular EAGLE CITY COUNCIL MEETING MINUTES May 23,2023 1. CALL TO ORDER: Mayor Pierce calls the meeting to order at 5:30 p.m. 2. ROLL CALL: Present: GINDLESPERGER,PIKE,BAUN,RUSSELL. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Mayor Pierce leads the Pledge of Allegiance. 4. ADDITIONS,DELETIONS OR MODIFICATIONS TO THE AGENDA: A. City Staff requests.:None B. Mayor or City Council requests.None Pike moves to amend the agenda to add under Executive Session items 12A and 12C. Seconded by Russell. Gindlesperger AYE; PIKE AYE; BUAN AYE; RUSELL.ALL AYES...MOTION CARRIES. 1. REPORTS: A. Mayor and Council: Pike reports on the EURA meeting. B. Department Supervisor: 1. City Treasurer, Financial Reports for April 2023. (KR) C. Eagle Police Department:None D. City Attorney:None 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. No one in the audience chooses to speak. 7. CONSENT AGENDA:ALL CONSENT AGENDA ITEMS ARE CONSIDERED ACTION ITEMS. 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 April 25,2023.(TEO) C. Minutes of May 4,2023. (TEO) D. Minutes of May 9,2023.(TEO) E. Independent Contract Instructor Agreement Between the City of Eagle and Joe Torok: Independent Contract Instructor Agreement between the City of Eagle and Joe Torok to teach Firearms Safety Classes. Compensation shall be at a rate of 70%of the total revenue generated by registration. (KRD) F. Independent Contract Agreement Between the City of Eagle and DJ Ray: An Independent Contract Agreement between the City of Eagle and DJ Ray to perform at Eagle Fun Days Car Show. Compensation shall be at a rate of$350.00 for the performance. QDH) G. Independent Contract Agreement Between the City of Eagle and Venue Audio: An Independent Contract Agreement between the City of Eagle and Venue Audio to perform at Eagle Fun Days. Compensation shall be at a rate of$1700.00 for audio technician services. (JDH) H. Professional Services Agreement Between the City of Eagle and Elie Phillips Design Inc. : A Professional Services Agreement between the City of Eagle and Elie Phillips Design Inc. for Graphic Design Services. Compensation shall be paid for actual services rendered not to exceed $1,100.00. (JDH) I. Equipment Property Donation Acceptance: The Public Works Department is requesting Council acceptance for a donation of Kicker Ramps to be utilized at the Ada/Eagle Sports Complex Bike Park. A total donation value of$29,490.90.(ELZ) J. Public Art Program "Art That's Small at City Hall": The Eagle Arts Advisory Committee is seeking Council approval to proceed with a call for artists for"Art That's Small at City Hall" and to authorize funding for prize money and reception in an amount not to exceed$1300.00. (BLA) K. Arts Advisory Committee Community Grant Approval: The Eagle Arts Advisory Committee is seeking Council approval to publish and fund a community grant for this fiscal year. The grant would fund projects or education that enhance artistic atmosphere and/or musical environment in the Eagle community in an amount not to exceed $15,000.00. (BLA) L. City Hall Foyer Display Case Replacement: The Eagle Arts Advisory Committee is seeking Council approval to remove the existing display cases in the City Hall Foyer and to approve funds for the cost of one(1)replacement case in an amount not to exceed$4,557.99. (BLA) M. Authorization to Utilize ARPA Funds for Accounts Payable Software Enhancement: Staff is seeking Council approval for the use of ARPA funds in an amount not to exceed$2,700 to purchase the ACH add-on to our Accounts Payable module. (KR) N. Resolution No.23-12-Adopting an Updated Parks Development Impact Fee Study and Parks Capital Improvements Plan Dated April 2023. (NBS) O. DR-14-23-Common Area Landscaping within Cadenza Court Subdivision-MJV Properties, LLC: MJV Properties,LLC,represented by Jay Gibbons with South,Beck and Baird Landscape Architecture, is requesting design review approval for the common area landscaping within Cadenza Court Subdivision. The 1.37-acre site is located on the east side of South Parkinson Street approximately 35-feet south of the intersection of South Parkinson Street and East Syringa Street at 540 South Parkinson Street. (BAW) P. DR-16-23-Decorative Concrete Wall Adiancent to Chinden Boulevard -Gary Brookshier: Gary Brookshier is requesting design review approval to construct a decorative concrete fence/wall adjacent to West Chinden Boulevard. 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) Q. DR-17-23-Decorative Concrete Wall Adiacent to Chinden Boulevard-Leonard and Cara Butler Leonard and Cara Butler are requesting design review approval to construct a decorative concrete fence/wall adjacent to West Chinden Boulevard. The 1-acre site is located on the north side of West Chinden Boulevard approximately 530-feet east 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) R. Findings of Fact and Conclusions of Law for the Approval of CU-01-21/PPUD-01-21/PP-02-21 - Torrente Secco Subdivision-Thomas Coleman: Thomas Coleman,represented by Becky McKay with Engineering Solutions,LLP,is requesting a conditional use permit,preliminary development plan, and preliminary plat approvals for Torrente Secco Subdivision,a 659-lot(613- residential [391-single family, 222-duplex], 6-commercial, 39-common,and 1- elementary school site)mixed use planned unit development. The 276.75-acre site is located at the southeast corner of West Beacon Light Road and North Palmer Lane between West Beacon Light Road and West Floating Feather Road at 6397 West Beacon Light Road and 6868 West Floating Feather Road. (MJW) S. Findings of Fact and Conclusions of Law for the Approval of FPUD-01-23& FP- 04-23-Final Development Plan and Final Plat for Benari Estates Subdivision No. 1 -Eagle 1,LLC: Eagle 1,LLC,represented by Laren Bailey,is requesting final development plan and final plat approvals for Benari Estates Subdivision No. 1,a 49- lot(39-buildable, 10-common),residential subdivision. The 19.21-acre site is located on the northeast corner of West State Street and North Ballantyne Lane at 1770 West State Street. (MJW) T. Stone Memorial for Rylan Hoobs : Request for Council approval of a stone memorial to be located near a small summit between Rabbit Run and D's Chaos within the Ada/Eagle Sports Bike Park.(ELZ) U. Cost Share Agreement for Maintenance of Service Ditch: A Cost Share Agreement for Maintenance of Service Ditch between the City of Eagle, Valynn Village Homeowners' Association,Inc.,and Bill Cowen in an amount of$2,500. The delivery of water to each party originates from a canal owned and operated by New Dry Creek Ditch Company which is diverted onto a service ditch that is approximately 1,732 feet long extending from New Dry Creek Ditch Company's canal to a distribution box. (ELZ) V. Facilities and Capital Improvement Grant through the Idaho Commission for Libraries: The Eagle Public Library Board is requesting Council approval to apply for the Facilities and Capital Improvement Grant distributed through the Idaho Commission for Libraries.The grant would pay for the installation of automatic door openers for the public restrooms and the purchase of public seating to be placed throughout the library. The grant amount shall not exceed $19,000. If the City is not awarded the grant,then the Library will not proceed with the project.(SJB) Baun requests removing item 7T from the Consent Agenda. Russell moves to approve consent agenda items A-V excluding T. Seconded by Pike. GINDLESPERGER AYE; PIKE AYE; BAUN AYE; RUSSELL AYE. ALL AYES...MOTION CARRIES 7T. Stone Memorial for Rylan Hoobs: Request for Council approval of a stone memorial to be located near a small summit between Rabbit Run and D's Chaos within the Ada/Eagle Sports Bike Park.(ELZ) Lee Scott Head Coach of Eagle Mountain Bike team presents the proposal for Rylan Hoob's memorial. Pike expresses his condolences and shares that he was hit by a car when he was twelve so this hits a different place in his heart. Baun states that because of this tragic situation it is imperative that trail connectivity is well thought out, planned and implemented. Page 3 IC:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-23-23min.docx Baun moves to approve item 7T stone memorial for Ryaln Hoobs. Seconded by Pike. ALL AYE...MOTION CARRIES. 8. UNFINISHED BUSINESS: A. ACTIONITEM.-Resolution 23-11 City of Eagle Authorized Bank Signatures:A Resolution of the City of Eagle authorizing signatures including facsimile signatures for bank services on behalf of the City of Eagle. (KR) Pike moves to approve 8A Resolution 23-11 City of Eagle Authorized Bank Signatures. Seconded by Gindlesperger.ALL AYES...MOTION CARRIES. Public hearings may not begin prior to 6:00 p.m. Mayor calls a recess. 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. A-12-22/RZ-14-22/PP-21-22-Annexation,Rezone,and Preliminary Plat for Cascade Springs Subdivision-Challenger Development,Inc: Challenger Development, Inc., represented by Becky McKay with Engineering Solutions, LLP, is requesting an annexation, rezone from RUT(Rural-Urban Transition—Ada County designation)to MU-DA(Mixed Use with a development agreement[in lieu of a PUD])and R-6-DA (Residential with a development agreement[in lieu of a PUD]), and preliminary plat approvals for Cascade Springs Subdivision, a 470-lot(400-buildable, 70-common)residential subdivision. The 138.99-acre site is located on the west side of North Palmer Lane approximately 80-feet south of the intersection of West Nordic Drive and North Palmer Lane at 755 and 833 North Palmer Lane. (DLM) Mayor Pierce introduces the item. Becky McKay with Engineering Solutions, 1029 North Rosario, Meridian, Idaho, representing Challenger Development,Inc. McKay reviews the history of the site and the current application before the Council for consideration. Ms. McKay reviews the natural habitat report, open space, roads, and lot sizes.McKay is requesting a condition that lots 16-19 in block 9 and lots 7 in block 15 be restricted to single story per adjacent neighbors. Planner Daniel Miller reviews the staff report and areas for special consideration. Planner III,Mike Williams provides the density numbers for the surrounding subdivisions. General discussion amongst the Council and Planner Miller. Mayor opens the public hearing. Cynthia Horsford, 7431 West Corinthia, Eagle, Idaho. She lives adjacent to the proposed project. She has concerns about the parking area proposed and doesn't want people utilizing their trails if they don't pay HOA dues. Additionally, she wishes that she has a single-story home built behind her home. Page 4 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-23.23min.docx Discussion between the applicant and Council. Council Pike has concerns with the density specifically in the multi-tenant area in addition to traffic patterns such as the collector, Hamlin Road. It does not conform with the surrounding neighborhoods. Mayor closes the public hearing. Planner Miller goes over the conditions recommended by staff to be added. Bann moves to approve item 9A - A-12-22/RZ-14-22/PP-21-22 - Annexation, Rezone, and Preliminary Plat for Cascade Springs Subdivision - Challenger Development, Inc with site specific conditions adding to condition #9 adding language proposed by Staff. Adding condition #24 which is the single story vs. two story with the lots identified. Adding site specific condition #25 relative to the setback requirements for 25 units as recommended by the Planning and Zoning Commission.Adding condition#26 to change the two buildable lots 91 and 92,block 14 total 19,700 square feet to common lots.Seconded by Gindlesperger.Baun amends the motion to allow for the shop to be modified to meet the existing setbacks which is condition #25. Second concours. Lots 16-29 block 9, lot 7 block 15 and lot 33 block 1. Three Ayes. One Nay(PIKE).MOTION CARRIES. 10. NEW BUSINESS: A. ACTION ITEM: Digital Access Master Plan: Review of Eagle Digital Access Master Plan. (NBS) Public Works Director Eric Ziegenfuss introduces Jeff Christensen with Entry Point who the City hired for consulting services associated with the fiber optic system. Jeff Christensen, 1949 West Printers Row, Salt Lake City,Utah. Provides a PowerPoint presentation regarding the Eagle Digital Access Master Plan. A.1.ACTION ITEM: Resolution 23- 13-A Resolution of the City of Eagle adopting the City of Eagle Digital Access Master Plan,and providing an effective date.(NBS) Bann makes a motion to approve action item A.1 Resolution 23- 13-A Resolution of the City of Eagle adopting the City of Eagle Digital Access Master Plan and providing an effective date. Seconded by Gindlesperger.ALL AYE...MOTION CARRIES. 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. Mayor introduces the item. Page 5 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-23-23min.docx Bob Vanarnem, 3049 South Whitepost Way, Eagle, Idaho. He has concerns about an application and wants to get on the record, specifically site-specific condition for items P and Q. He believes that there should be consistency with the fence. Can the term "similar"be specified and the tree inventory needs accountability. 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: *(a)To consider hiring a public officer, employee, staff member or individual agent,wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need.This paragraph does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general;and (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. Baun move pursuant to I.C. 74-206(1)that the City of Eagle convene an Executive Session for the purpose of(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. Seconded by Russell. GINDLESPERGER AYE; PIKE AYE; BAUN AYE; RUSSELL AYE.ALL AYES...MOTION CARRIES. Council enters executive session at 8:39 p.m. Discussion of pending/threatened litigation. Council exits executive session at 9:57 p.m. A. *ACTION ITEM.- Action reeardine Joint Powers Agreement between Ada County Sheriffs Office and the City of Eagle relatine to law enforcement services Fiscal Year 2024. No action. B. ACTIONITEM.- Action reeardine vendine/threatened litigation. Gindlesperger makes a motion to instruct the City Attorney to file a lawsuit against the Eagle Senior Citizens Inc.to recovery the monies that were donated by the City. Seconded by Russell.ALL AYES...MOTION CARRIES. Page 6 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-23-23min.docx C. *ACTIONITEM.• Pending/threatened litigation action item regarding Settlement Agreement between Blue Chip Media LLC and City of Eagle. Russell makes a motion to have the Mayor execute the Settlement Agreement between the City of Eagle and Blue Chip Media LLC. Seconded by Pike.ALL AYES...MOTION CARRIES. 13. ADJOURNMENT: Gindlesperger moves to adjourn. Seconded by PIKE. ALL AYE...MOTION CARRIES Hearing no further business,the Council meeting was adjourned. Respectfully submitted: HOE N. CSENCSITS, idCMCT DEPUTY CITY CLERK APPROVED: AS PIERCE R AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT W W W.CITYOFEAGLE.ORG. Page 7 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-23-23min.docx EAGLE CITY COUNCIL MEETING May 23, 2023 PUBLIC HEARING: Item 9A SUBJECT: A-12-22/RZ-14-22/PP-21-22 - Annexation, Rezone, and Preliminary Plat for Cascade Springs Subdivision - Challenger Development,Inc. TESTIFY PRO/CON NAME leaseprint) ADDRESS YES/NO NEUTRAL J EAGLE CITY COUNCIL MEETING May 23, 2023 PUBLIC HEARING: Item 9A SUBJECT: A-12-22/RZ-14-221PP-21-22 - Annexation, Rezone, and Preliminary Plat for Cascade Springs Subdivision - Challenger Development,Inc. TESTIFY PRO/CON NAME lease prino ADDRESS YES/NO NEUTRAL EAGLE CITY COUNCIL MEETING May 23, 2023 PUBLIC HEARING: Item 9A SUBJECT: A-12-22/RZ-14-22/PP-21-22 - Annexation, Rezone, and Preliminary Plat for Cascade Springs Subdivision- Challenger Development, Inc. TESTIFY PRO/CON NAME leaseprint) ADDRESS YES/NO NEUTRAL • t� • 1 • 1 1 „a • • rB'�x,,,T �^ �-i6it�op •caat�f4! !IF 4-9 -- • . .: ::::.::::::�:- ■ ■RRRR��RRRRRR.R N .. it w w F u O v a o ; U w ° P. o w14 a W a w o ; O .4 a. w w A a 4 i O 3 m W 4, a 4- O •- � o o > a . M O N v N N O _J > i L. 4 -O , w O C O C z V v O GOi o V •- ,��� Z W W4J � � � OA N w -W w O Q O 'sn J V i -6 O W > P .0- u .9 '3 .S 40- o V r. _ :1 � O E m •— •— X m - w +, O L O V i to V M '+'� .- L. 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