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Agenda - 2022 - City Council - 01/11/2022 - Regular THE CITY OF EAGLE CITY COUNCIL AGENDA Eagle City Hall, 660 E. Civic Lane January 11, 2022 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 1: A. Mayor and Council Reports: 6. 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 December 14, 2021. C. Minutes of November 30, 2021. D. Minutes of December 9, 2021. E. Development Agreement Associated with RZ-13-21 – Primary Health – Rudeen Architects: Staff is requesting approval of the development agreement associated with the rezone BP (Business Park) to C-1-DA (Neighborhood Business District with a development agreement). The City Council approved the associated rezone application on November 9, 2021 (RZ-13-21). (DLM) F. Development Agreement Associated with A-06-21/RZ-10-21 & PP-12-21 – Pescara Estates Subdivision: 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, rezone, and preliminary plat applications on November 30, 2021 (A-06- 21/RZ-10-21/PP-12-21). (DLM) G. Findings of Fact and Conclusions of Law for the Approval of A-07-21/RZ-08-21 & PP- 10-21 – Rene Commons Subdivision – Sterling Land Development, Inc.: Sterling Land Development, Inc., represented by Becky McKay with Engineering Solutions, is requesting an annexation, rezone from RUT (Rural-Urban Transition – Ada County designation) and R1 (Estate Residential – Ada County Designation) to R-4-DA (Residential with a development agreement), and preliminary plat approval for Rene Commons Subdivision, a 22-lot (17- buildable, 5-common) residential subdivision. The 5.58-acre site is located approximately 160- feet north of the intersection of East Windrose Street and North Falling Water Way at 2425 East Floating Feather Road. (DLM) 7. RECOGNITION OF OUTGOING ELECTED OFFICIAL: 8. OATH OF OFFICE: A. Oath of Office: The Mayor administers the oath of office to Council Member-Elect Helen Russell and Melissa Gindlesperger. 9. ROLL CALL: BAUN, PIKE, GINDLESBERGER, RUSSELL A. ACTION ITEM: Election of City Council President and Pro Tem. Page 1 of 4 agenda - 2022 - city council - 01_11_2022 - regular CITY COUNCIL AGENDA January 11, 2022 5:30 p.m. 10. PUBLIC COMMENT 1: The Eagle City Council is taking both in-person and 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/305/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. 11. 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. Service Agreement Between the City of Eagle and DWZ Technologies: A service agreement between the City of Eagle and DWZ Technologies for the installation of CAT6 cabling for the existing City Hall offices specifically used for voice, data, printers, etc. An amount not to exceed $22,100. (DG) B. Service Agreement Between the City of Eagle and DWZ Technologies: A service agreement between the City of Eagle and DWZ Technologies for the installation of CAT6 cabling for the expansion of City Hall specifically used for voice, data, printers, etc. An amount not to exceed $38,125. (DG) C. Service Agreement Between the City of Eagle and GoToConnect: A service agreement with the City of Eagle and GoToConnect for communication services for a one-time amount not to exceed $8,845.03 in addition to a monthly fee of $1,817.09. D. Memorandum of Understanding for The State Street/Idaho 44 Transit Corridor Implementation Coordination: Update and renewal of the MOU with Ada County, ACHD, VRT, ITD, Garden City, Boise City, Capital City Development Corporation and COMPASS for the planning of transit and transit supported land uses along the State Street/SH-44 Corridor. (NBS) E. Agreement for Electrical Inspector Services between the City of Eagle and Electrical Controls and Instrumentation, LLC: The agreement will expire September 30, 2022. (SN) F. Agreement for Mechanical Inspector Services between the City of Eagle and RIMI, Inc.: The agreement will expire September 30, 2022. (SN) G. Agreement for Plumbing Inspector Services between the City of Eagle and Dennis Holte d/b/a DMH Enterprises: The agreement will expire September 30, 2022. (SN) H. Agreement for Building Inspector Services between the City of Eagle and Rick Wenick: The agreement will expire September 30, 2022. (SN) 12. UNFINISHED BUSINESS: NONE Page 2 of 4 agenda - 2022 - city council - 01_11_2022 - regular CITY COUNCIL AGENDA January 11, 2022 5:30 p.m. 13. ALL PUBLIC HEARING ITEMS ARE CONSIDERED ACTION ITEMS PUBLIC HEARINGS: Public hearings will not begin prior to 6:00 p.m. The Eagle City Council is taking both in-person and remote public comment testimony 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 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.  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. ACTION ITEM: A Public Hearing to Consider Rate Increase for solid Waste Services: The purpose of the public hearing is to consider public comment regarding the proposal to increase solid waste service fees in excess of 5%. The proposed rated adjustment is based on the Consumer Price Index increase of 6.22%, and is allowed in the solid waste contract between the City of Eagle and Republic Services. A.1. ACTION ITEM: Resolution 22-01: A resolution of the City of Eagle, Idaho, amending Republic Services fee schedule pursuant to the second addendum to Waste Collection Services contract as stated in Section 2.2. “Customer Rates – Establishment” and providing for effective date. B. ACTION ITEM: RZ-14-00 MOD2 – Development Agreement Modification – John Day: John Day is requesting a development agreement modification to modify conditions of development #2.5 (associated with permitted uses) and #2.14 (associated with setbacks) of the executed development agreement (Ada County instrument #101134699). The 2.16-acre site is located at the southwest corner of East Hill Road and South Wooddale Avenue. (MJW) C. ACTION ITEM: CU-06-18 MOD/PPUD-04-18 MOD – Planned Unit Development Modification – Wild Rose Subdivision – Marty Camberlango: Marty Camberlango represented by Steve Busalacchi, is requesting a planned unit development modification approval to modify the maximum lot coverage within Wild Rose Subdivision. The 3.3-acre site is located on the south side of East Hill Road approximately 535-feet east of the intersection of North Edgewood Lane and East Hill Road. (MJW) D. ACTION ITEM: RZ-05-02 MOD7 – Development Agreement Modification – The Bridges at Lakemoor – Paul Stephens: Paul Stephens, represented by Brittnee Elliott, is requesting a development agreement modification to modify condition of development #3.5 (associated with Restaurant \[with drive-through\]) of the executed Third Amended and Restated Development Agreement (Bridges at Lakemoor) (Ada County instrument #2017-023755). The 25.25-acre site is located at the southeast corner of East Colchester Drive and South eagle Road approximately one- third mile north of Children Boulevard. (MJW) 14. NEW BUSINESS: A. ACTION ITEM: Review and Discussion on Liaison Positions for Mayor and Council. B. ACTION ITEM: Ordinance No. 869 – An Ordinance Reducing the Speed Limit within Corporate City limits: An Ordinance of the City of Eagle, Ada County, Idaho amending Title 5, Chapter 10, Section 1 General Speed Limit; providing for severability; providing for codification; and providing an effective date. (WEV) Page 3 of 4 agenda - 2022 - city council - 01_11_2022 - regular CITY COUNCIL AGENDA January 11, 2022 5:30 p.m. 15. PUBLIC COMMENT 2: The Eagle City Council is taking both in person and 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/305/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 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. 16. 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 4 of 4 agenda - 2022 - city council - 01_11_2022 - regular THE CITY OF EAGLE CITY COUNCIL Amended Agenda Eagle City Hall, 660 E. Civic Lane January 11, 2022 5:30 p.m. *Added item 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 1: A. Mayor and Council Reports: 6. 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 December 14, 2021. C. Minutes of November 30, 2021. D. Minutes of December 9, 2021. E. Development Agreement Associated with RZ-13-21 – Primary Health – Rudeen Architects: Staff is requesting approval of the development agreement associated with the rezone BP (Business Park) to C-1-DA (Neighborhood Business District with a development agreement). The City Council approved the associated rezone application on November 9, 2021 (RZ-13-21). (DLM) F. Development Agreement Associated with A-06-21/RZ-10-21 & PP-12-21 – Pescara Estates Subdivision: 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, rezone, and preliminary plat applications on November 30, 2021 (A-06- 21/RZ-10-21/PP-12-21). (DLM) G. Findings of Fact and Conclusions of Law for the Approval of A-07-21/RZ-08-21 & PP- 10-21 – Rene Commons Subdivision – Sterling Land Development, Inc.: Sterling Land Development, Inc., represented by Becky McKay with Engineering Solutions, is requesting an annexation, rezone from RUT (Rural-Urban Transition – Ada County designation) and R1 (Estate Residential – Ada County Designation) to R-4-DA (Residential with a development agreement), and preliminary plat approval for Rene Commons Subdivision, a 22-lot (17- buildable, 5-common) residential subdivision. The 5.58-acre site is located approximately 160- feet north of the intersection of East Windrose Street and North Falling Water Way at 2425 East Floating Feather Road. (DLM) *7. EXECUTIVE SESSION: A. Idaho State Code §74-206(1) - Personnel Matters & Pending/Threatened litigation: 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 Page 1 of 4 agenda - 2022 - city council - 01_11_2022 - regular (2) CITY COUNCIL Amended Agenda January 11, 2022 5:30 p.m. 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: (b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student; B. ACTION ITEM: Action item relating to Personnel Matters 8. RECOGNITION OF OUTGOING ELECTED OFFICIAL: 9. OATH OF OFFICE: A. Oath of Office: The Mayor administers the oath of office to Council Member-Elect Helen Russell and Melissa Gindlesperger. 10. ROLL CALL: BAUN, PIKE, GINDLESBERGER, RUSSELL A. ACTION ITEM: Election of City Council President and Pro Tem. 11. PUBLIC COMMENT 1: The Eagle City Council is taking both in-person and 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/305/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. 12. 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. Service Agreement Between the City of Eagle and DWZ Technologies: A service agreement between the City of Eagle and DWZ Technologies for the installation of CAT6 cabling for the existing City Hall offices specifically used for voice, data, printers, etc. An amount not to exceed $22,100. (DG) B. Service Agreement Between the City of Eagle and DWZ Technologies: A service agreement between the City of Eagle and DWZ Technologies for the installation of CAT6 cabling for the expansion of City Hall specifically used for voice, data, printers, etc. An amount not to exceed $38,125. (DG) C. Service Agreement Between the City of Eagle and GoToConnect: A service agreement with the City of Eagle and GoToConnect for communication services for a one-time amount not to exceed $8,845.03 in addition to a monthly fee of $1,817.09. D. Memorandum of Understanding for The State Street/Idaho 44 Transit Corridor Implementation Coordination: Update and renewal of the MOU with Ada County, ACHD, VRT, ITD, Garden City, Boise City, Capital City Development Corporation and COMPASS for the planning of transit and transit supported land uses along the State Street/SH-44 Corridor. (NBS) Page 2 of 4 agenda - 2022 - city council - 01_11_2022 - regular (2) CITY COUNCIL Amended Agenda January 11, 2022 5:30 p.m. E. Agreement for Electrical Inspector Services between the City of Eagle and Electrical Controls and Instrumentation, LLC: The agreement will expire September 30, 2022. (SN) F. Agreement for Mechanical Inspector Services between the City of Eagle and RIMI, Inc.: The agreement will expire September 30, 2022. (SN) G. Agreement for Plumbing Inspector Services between the City of Eagle and Dennis Holte d/b/a DMH Enterprises: The agreement will expire September 30, 2022. (SN) H. Agreement for Building Inspector Services between the City of Eagle and Rick Wenick: The agreement will expire September 30, 2022. (SN) 13. UNFINISHED BUSINESS: NONE 14. ALL PUBLIC HEARING ITEMS ARE CONSIDERED ACTION ITEMS PUBLIC HEARINGS: Public hearings will not begin prior to 6:00 p.m. The Eagle City Council is taking both in-person and remote public comment testimony 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 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.  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. ACTION ITEM: A Public Hearing to Consider Rate Increase for solid Waste Services: The purpose of the public hearing is to consider public comment regarding the proposal to increase solid waste service fees in excess of 5%. The proposed rated adjustment is based on the Consumer Price Index increase of 6.22%, and is allowed in the solid waste contract between the City of Eagle and Republic Services. A.1. ACTION ITEM: Resolution 22-01: A resolution of the City of Eagle, Idaho, amending Republic Services fee schedule pursuant to the second addendum to Waste Collection Services contract as stated in Section 2.2. “Customer Rates – Establishment” and providing for effective date. B. ACTION ITEM: RZ-14-00 MOD2 – Development Agreement Modification – John Day: John Day is requesting a development agreement modification to modify conditions of development #2.5 (associated with permitted uses) and #2.14 (associated with setbacks) of the executed development agreement (Ada County instrument #101134699). The 2.16-acre site is located at the southwest corner of East Hill Road and South Wooddale Avenue. (MJW) C. ACTION ITEM: CU-06-18 MOD/PPUD-04-18 MOD – Planned Unit Development Modification – Wild Rose Subdivision – Marty Camberlango: Marty Camberlango represented by Steve Busalacchi, is requesting a planned unit development modification approval to modify the maximum lot coverage within Wild Rose Subdivision. The 3.3-acre site is located on the south side of East Hill Road approximately 535-feet east of the intersection of North Edgewood Lane and East Hill Road. (MJW) D. ACTION ITEM: RZ-05-02 MOD7 – Development Agreement Modification – The Bridges at Lakemoor – Paul Stephens: Paul Stephens, represented by Brittnee Elliott, is requesting a development agreement modification to modify condition of development #3.5 (associated with Restaurant \[with drive-through\]) of the executed Third Amended and Restated Development Agreement (Bridges at Lakemoor) (Ada County instrument #2017-023755). The 25.25-acre site is located at the southeast corner of East Colchester Drive and South eagle Road approximately one- third mile north of Children Boulevard. (MJW) Page 3 of 4 agenda - 2022 - city council - 01_11_2022 - regular (2) CITY COUNCIL Amended Agenda January 11, 2022 5:30 p.m. 15. NEW BUSINESS: A. ACTION ITEM: Review and Discussion on Liaison Positions for Mayor and Council. B. ACTION ITEM: Ordinance No. 869 – An Ordinance Reducing the Speed Limit within Corporate City limits: An Ordinance of the City of Eagle, Ada County, Idaho amending Title 5, Chapter 10, Section 1 General Speed Limit; providing for severability; providing for codification; and providing an effective date. (WEV) 16. PUBLIC COMMENT 2: The Eagle City Council is taking both in person and 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/305/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 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. *17. EXECUTIVE SESSION: A. Idaho State Code §74-206(1) - Personnel Matters & Pending/Threatened litigation: 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: (b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student; (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 item relating to Personnel Matters C. ACTION ITEM: Action item relating to Pending/Threatened litigation 18. 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 4 of 4 agenda - 2022 - city council - 01_11_2022 - regular (2)