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Agenda - 2021 - City Council - 05/11/2021 - Regular pF T THE CITY OF EAGLE H ° CITY COUNCIL AGENDA * , 4 o Eagle City Hall, 660 E. Civic Lane GLE I May 11, 2021 5:30 p.m. 1. CALL TO ORDER: 2. ROLL CALL: GINDLESPERGER,PITTMAN,BAUN,PIKE 3. PLEDGE OF ALLEGIANCE: 4. ADDITIONS,DELETIONS OR MODIFICATIONS TO THE AGENDA: A. City Staff requests: B. Mayor or City Council requests: 5. REPORTS: A. Mayor and Council Reports: B. City Hall Department Supervisor Reports: C. City Attorney Report: 6. PUBLIC COMMENT 1: The Eagle City Council is taking remote public comment via Webex. Meeting login instructions are posted on https://www.cityofeagle.org/1698/Virtual-Meetings. If you just want to watch the meeting, without giving comment, please watch our livestream at https://www.cityofeagle.org/3 05/City-Agendas-Videos. 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 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. Findings of Fact and Conclusions of Law for the Approval of RZ-01-14 MOD — Modification to the Development Agreement associated with the Foxtail Senior Living Center — Foxtail Senior Living Center, LLC: Foxtail Senior Living Center, LLC, is requesting a development agreement modification to increase the number of residential assisted living units from 78 to 100 total units and to include a revised concept plan in the development agreement. The 4.64-acre site is located on the north side of West Chinden Boulevard approximately 1,300-feet west of the intersection of North Meridian Road and West Chinden Boulevard at 2559 and 3600 West Bavaria Street.(MJW) C. FPUD-01-21 & FP-03-21 —Whitehurst Subdivision No. 1 — Evans Development LLC: Evans Development LLC, represented by Becky McKay with Engineering Solutions, LLP, is requesting final development plan and final plat approvals for Whitehurst Subdivision No. 1,a 39-lot(34-buildable, 5-common), residential subdivision. The 17.35-acre site is located at the terminus of West Breanna Drive east of Eagle High School. (DLM) This item was continued from the April 27, 2021 meeting. Page 1 of 3 cc-05-11-21ag.docx CITY COUNCIL AGENDA May 11, 2021 5:30 p.m. D. Master Consultant Agreement & Task Orders with TischlerBise: Staff is requesting approval of the Master Consultant Agreement with TischlerBise to complete special model runs of the fiscal impact tool consistent with the adopted protocol and approval of Task Order 2021-01 for the Spring Valley Planned Development and Task Order 2021-02 for Avimor Planned Community in the amount of$14,800 each. Cost of the work will be paid for by the landowners consistent with their reimbursement agreements with the City.(NBS) E. Service Proposal for Museum Window Restoration:A service proposal between the City of Eagle and Artifact Restoration to provide wood window restoration for the windows at the museum, in an amount not to exceed$10,000. (AD) F. Minutes of April 27,2021.(TEO) G. 2021 Eagle Fun Days Fireworks Show Independent Contractor Agreement: A request to authorize the Mayor to sign a contract with Fireworks America to provide Fireworks for Eagle on Friday,July 10 in an amount not to exceed$10,000.(BJ) H. Development Agreement associated with RZ-15-20—Russell and Collette Brunson: Staff is requesting approval of the development agreement associated with the rezone from RUT (Rural-Urban Transition - Ada County designation) to R-E-DA (Residential-Estates with a development agreement). The City Council approved the associated annexation and rezone applications on March 23,2021 (A-11-20 &RZ-15-20). (MJW) 8. UNFINISHED BUSINESS: A. ACTION ITEM: FPUD-02-21 & FP-04-21 —Final Development Plan and Final Plat for Rene Place Subdivision No. 1 — MCG-Sterling, LLC: MCG-Sterling, LLC, represented by Becky McKay with Engineering Solutions, is requesting final development plan and final plat approvals for Rene Place Subdivision No. 1,a 63-lot(55-buildable, 8-common),residential subdivision. The 14.69-acre site is located at the northeast corner of North Dicky Drive and North Rene Place at 500 North Rene Place.(DLM) This item was continued from the April 27, 2021 meeting. 9. PUBLIC HEARINGS: Public hearings will not begin prior to 6:00 p.m. The Eagle City Council is taking remote public testimony via Webex. Meeting login instructions are posted on https://www.cityofeagle.org/1698Nirtual-Meetings. If you just want to watch the meeting, without giving testimony, please watch our livestream at https://www.cityofeagle.org/305/City-Agendas- Videos. • 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:A-01-21/RZ-01-21 &PP-01-21—Annexation and Rezone with a Development Agreement and a Preliminary Plat for Elkhorn Reserve Subdivision—James Eric Needham: James Eric Needham is requesting annexation, rezone from RR(Rural Residential—Ada County designation) to A-R-DA (Agricultural-Residential with a Development Agreement), and preliminary plat approvals for Elkhorn Reserve Subdivision, a 3-lot residential subdivision. The 17.2-acre site is located on the north side of West Homer Road, approximately 1,350-feet west of North Linder Road.(DLM) 10. NEW BUSINESS: A. ACTION ITEM Ordinance 847 — Amending Title 5 Police Regulations: An ordinance of the City of Eagle,Ada County,Idaho,Amending Title 5 "Police Regulations", Chapter 8 "Disorderly Conduct";Providing for a severability clause;Providing for a summary;And providing an effective date. Page 2 of 3 cc-05-11-21ag.docx CITY COUNCIL AGENDA May 11, 2021 5:30 p.m. 11. EXECUTIVE SESSION: A. Idaho State Code $74-206. Executive sessions -- When authorized. (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: (c) To acquire an interest in real property which is not owned by a public agency. (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. B. ACTION ITEM: Action regarding acquisition of real property. C. ACTION ITEM: Action regarding legal ramifications of and legal options for pending litigation,or controversies not yet being litigated but imminently likely to be litigated. 12. 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. Page 3 of 3 cc-05-11-21ag.docx