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Agenda - 2022 - City Council - 09/27/2022 - Regular ,;lb-Pp, THE CITY OF EAGLE CITY COUNCIL AGENDA ��'° Eagle City Hall, 660 E. Civic Lane, Idaho © September 27, 2022 5:30 PM 1. CALL TO ORDER: 2. ROLL CALL: GINDLESPERGER,PIKE,BAUN,RUSSELL. 3. PLEDGE OF ALLEGIANCE: 4. ADDITIONS,DELETIONS OR MODIFICATIONS TO THE AGENDA: 5. REPORTS: A. Mayor and Council Reports: B. City Department Reports: 1. City Treasurer Monthly Financial Report for August 2022 083122 Financial Statements.pdf C. City Attorney: D. Eagle Police Department: 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. 7. ALL CONSENT AGENDA ITEMS ARE CONSIDERED ACTION ITEMS: A CONSENT AGENDA:A 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 Councila€TMs Consent Agenda approval motion unless specifically stated otherwise. A. Claims Against the City. B. Minutes of September 13,2022. (TEO) C. Minutes of September 15,2022. (TEO) D. Agreement for Independent Contract Instructor between the City of Eagle and Brick6 Creative, LLC dba: Abrakadoodle of Boise:An Independent Contract Instructor Agreement between the City of Eagle and Brick6 Creative,LLC dba: Abrakadoodle of Boise to instruct children's art programs. Compensation shall be at a rate not to exceed 50%of the total revenue generated. (TPL) E. Agreement for Independent Contract Instructor Between the City of Eagle and Kayli Doyon: An Independent Contract Instructor Agreement between the City of Eagle and Kayli Doyon to teach and introduce basic dance positions,technique,and movement. Compensation shall be at a rate not to exceed 50%of the total revenue generated. (TPL) F. Space Planning and Design Services Proposal-BRS Architects: Staff is requesting Council approva of a professional services proposal for space planning and design services associated with existing office space in the Clerk/Treasurer's area, in an amount not to exceed$3,750.00. Staff is recommending the use of ARPA funds for this expense. (TEO) G. Service Order#2 Addendum-Between the City of Eagle and Fatbeam: Change order to Service Order 2,item E,pertaining to the fiber extension from Eagle City Hall to Heritage Park. The change order addresses the upgrade in fiber count,and an additional 717 feel of fiber installation and also an upgraded fiber count,for a net change order request of an additional$58,400. ARPA funds will be utilized for the expense. (ELZ) H. Service Order#4 Between the City of Eagle and Fatbeam: A Service Order between the City of Eagle and Fatbeam: For the installation of conduit network located at Hill Road and traveling on State Street west to 2nd Streets. An amount not to exceed$42,910.00. ARPA funds will be utilized for the expense. (ELZ) 1. Authorization of use of ARPA funds: Staff is seeking Council approval of the use of ARPA funds in an amount not to exceed$24,100,for the purchase of a used vehicle. The cost includes the monies related to the retrieval of the vehicle and the cost of possible repairs that may be required. (EZ) J. Joint Powers Agreement Between the Ada County Sheriff's Office and the City of Eagle for Law Enforcement Services:An agreement to provide law enforcement services for the City of Eagle for fiscal year 2022-2023, in an amount not to exceed$3,725,506.73. (JP) K. Appointment to the Eagle Library Board of Trustees: In accordance with Resolution 14-19, Mayor Pierce is requesting Council Confirmation of the appointment of Brian Almon to the Eagle Library Board of Trustees. Mr.Almon will be serving a five(5)year term that will begin November 2022 and will expire October 2027. (JWP) L. Domestic Violence Awareness Month Proclamation: A proclamation for the City of Eagle declaring October 2022 as Domestic Violence Awareness Month in the City of Eagle,Idaho. (JWP) Domestic Violence Awareness Month 2022.pdf M. Service Agreement Between the City of Eagle and John Stocke,Inspect LLC: A service agreement between the City of Eagle and John Stocke,Inspect LLC,to provide plumbing inspections for the City of Eagle. (SJN) N. Service Agreement Between the City of Eagle and Electrical Controls and Instrumentals,LLC: A service agreement between the City of Eagle and Electrical Controls and Instrumentals,LLC,to provide electrical inspections for the City of Eagle. (SIN) O. Service Agreement Between the City of Eagle and RIMI,INC.: A service agreement between the City of Eagle and RIMI,INC,to provide mechanical inspections and to serve as a back-up Residential Plans Reviewer for the City of Eagle. (SJN) P. Service Agreement Between the City of Eagle and Rick Wenick : A service agreement between the City of Eagle and Rick Wenick,to provide building inspections for the City of Eagle. (SIN) Q. Request for Land Use Application Fee Waiver: The Eagle Fire Department is requesting City Counci approval of a waiver of the conditional use permit application fee in the amount of$1,200.00 for the Eagle Fire Station#2. The facility is proposed to be located on the on the west side of North Horseshoe Bend Road approximately 500-feet south of Beacon Light Road at 12655 North Horseshoe Bend Road. (WEV) R. Request for Building Permit and Plan Review Fee Waiver: The Eagle Sewer District is requesting City Council approval of a waiver of building permits and plan review fees in the amount of$9,354.00 for the construction of the Eagle Sewer District Facility located at 100 South Urban Gate,Eagle. (SIN) S. Resolution No.22-06: A resolution of the Eagle City Council to vacate a portion of the emergency vehicle access(EVA), and a portion of the utility easement located within Lots 56 and a portion of 65, Block 1 (Renovare Subdivision Phase 2)as shown on the attachment hereto; and providing an effective date. (MJW) Resolution 22-06 Swaggart-Renovare Vacation -Renovare Subdivision No. 2.pdf T. Authorization of Use of ARPA Funds-Fiber Optic Project: Staff is requesting Council approval of dedication of ARPA funds in an amount not to exceed$125,000 for the purchase of fiber optic equipment. Approved purchasing procedures will be followed for all expenditures. (ELZ) U. Authorization of Use of ARPA Funds-Fiber Optic Project: Staff is requesting Council approval of dedication of ARPA funds in an amount not to exceed$140,000 for the purchase of fiber optic material. Approved purchasing procedures will be followed for all expenditures. (ELZ) V. Authorization of use of ARPA Funds-City Hall Expansion Office Equipment: Staff is requesting Council approval of dedication of ARPA funds in an amount not to exceed$15,000 for the purchase of office equipment for the City Hall expansion.Approved purchasing procedures will be followed for all expenditures. (ELZ) W. Mayor for a Day Proclamation: A proclamation declaring Olga Kasper Mayor for a Day for September 27,2022 in honor of her celebrating her 106th birthday on this day. (JP) Mayor for a day.docx 8. UNFINISHED BUSINESS: A. Eagle Sports Park Complex: Council review of the 30%Engineering and Design for the Eagle Sports Complex. (NBS) Eagle Sports Complex Memo- 30 percent review C1.1-Site Plan REV(8-8-22)(003).pdf DRAFT Eagle City Community Park 30%(7-20-22).pdf 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. VAC-04-22—Vacation to the Final Plat of Lilac Springs Subdivision No.2—Aaron Ulrich: Aaron Ulrich,represented by Jeremy Martin with Pioneer Pool and Spa,Inc.,is requesting to vacate 2- feet of the 12-foot rear yard public utilities,lot drainage,and Lilac Springs Homeowners Association, Inc. pressurized irrigation facilities easement located within Lot 11, Block 7,Lilac Springs Subdivision No.2. The 13,895-square foot site is located south side of West Venetian Drive approximately 185-feet northwest of the intersection of West Walton Pond Drive and West Venetian Drive at 5853 West Venetian Drive. (MJW) VAC-02-22 Ulrich stf.pdf B. PP-15-21 MOD—Amberly Ranch Subdivision Modification—Core Building Co.: Core Building Co.,represented by Rick Perez,is requesting a modification to the preliminary plat approvals for Amberly Ranch Subdivision, a four lot(3-buildable, 1-common)residential subdivision totaling 7 acres, to remove the requirement to extend central water service to the site. The 7-acre site is located approximately 640 feet west of the intersection of West Beacon Light Road and North Ballantyne Lane. Amberly Subdivision MOD stf.pdf C. ZOA-03-22—Title 11A Ordinance Amendment(Ordinance 884)—City of Eagle: An ordinance o the City Of Eagle,Ada County Idaho, amending Title 11A, Chapter 2, Section 3,"LAND USE STANDARDS"; Chapter 2, Section 4,Paragraph A,"GENERAL SETBACK STANDARDS"and Table 2.2"SINGLE-FAMILY RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS"; Chapter 4, Section 4,Paragraph VV, "Shooting Ranges/Gun Clubs (Indoor)";Chapter 8, Section 13,Paragraph D,"NOTICE REQUIREMENTS"; Chapter 13A, Section 6, "RULES AND DEFINITIONS"; Chapter 13C, Section 2, "STREETS AND ALLEYS"; Chapter 13C, Section 4,"EASEMENTS"; Chapter 13C, Section 6,"PUBLIC SITES AND OPEN SPACES"; Chapter 13D, Section 1,Paragraph 1, Subsection 3, "CURBS AND GUTTERS";providing a severability clause; and providing an effective date. (DLM) ZOA-03-22 Title 11A-Alleys and Streets CC Packet.pdf D. RZ-08-22/CU-08-22/PPUD-05-22/PP-13-22—Rezone from A(Agricultural)to R-3-DA-P (Residential with a development agreement-PUD),Conditional Use Permit,Preliminary Development Plan,and Preliminary Plat for Benari Estates Subdivision—Eagle 1,LLC: Eagle 1 LLC,represented by Laren Bailey,is requesting a rezone from A(Agricultural)to R-3-DA-P (Residential with a development agreement—PUD), conditional use permit,preliminary development plan, and preliminary plat approvals for Benari Estates Subdivision,an 88-lot(77-buildable, 11- common)residential planned unit development. The 35.29-acre site is located at the northeast corner of West State Street and North Ballantyne Lane at 1770 West State Street. (MJW) Benari Estates Sub stf.pdf 10. NEW BUSINESS: A. ACTION ITEM: SH-44 Grade Separated Crossing Report: Review and Acceptance of the SH-44 Crossing Study: Pre-Concept Report including the stakeholders recommendation. (NBS) SH-44 Grade Separated Crossing-Draft Report Comments.xlsx 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. 12. EXECUTIVE SESSION: Idaho State Code§74-206(1). Executive Sessions--When authorized. 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. ACTION ITEM: Action regarding pending/threatened litigation. 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.