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Agenda - 2023 - City Council - 03/14/2023 - Regular THE CITY OF EAGLE CITY COUNCIL AGENDA Eagle City Hall, 660 E. Civic Lane, Idaho March 14, 2023 5:30 PM INVOCATION: 1. CALL TO ORDER: 2. ROLL CALL: GINDLESPERGER,PIKE,BAUN,RUSSELL. 3. PLEDGE OF ALLEGIANCE: 4. ADDITIONS,DELETIONS OR MODIFICATIONS TO THE AGENDA: 5. RECOGNITION: A. Recognition of Ken Elwer for his three(3)years of service on the Parks,Pathways,and Recreation Commission. 6. REPORTS: A. Mayor and Council: B. Department Supervisor: C. Eagle Police Department: LiDARS Grant Update presented by Chief Wilkie. Eagle City Police Mini Grant Request Update Presentation D. City Attorney: 7. 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. 8. 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 February 14,2023. (TEO) C. Minutes of February 23,2023. (TEO) D. Minutes of February 28,2023. (TEO) E. Request to Utilize ARPA Funds for Digital Marketing_: Staff is seeking Council approval to use ARPA funds to engage the services of Social Eyes Marketing, LLC. a digital marketing company,to assist in the creation of digital marketing materials and placement of the same online and on social media platforms. The requested amount shall not exceed$16,000. (JWP) F. Reappointment to the Development Impact Fee Advisory Committee: In accordance with Resolution 20-03, Mayor Pierce is requesting Council Confirmation of the reappointment of Bob Van Arnem to the Development Impact Fee Advisory Committee. Mr.Van Arnem will be serving a three(3) year term that will expire March 2026. (JWP) G. Reappointment to the Parks.Pathways, and Recreation Commission: In accordance with Resolution 20-03, Mayor Pierce is requesting Council Confirmation of the reappointment of Peter Lofas to the Parks,Pathways, and Recreation Commission. Mr. Lofas will be serving a three(3)year term that will expire March 2026. (JWP) H. Service Order Between the Ci1y of Eagle and Fatbeam : A Service Order between the City of Eagle and Fatbeam for the installation of conduit network located at Park Lane to Floating Feather Road and Floating Feather Road just West of Meridian Road that will tie in with Service Order#2-Joint Trench #3. An amount not to exceed$35,182.00.ARPA funds will be utilized for the expense. (ELZ) L Valley Regional Transit Trolley Agreement: A cooperative governmental agreement between Valley Regional Transit and the City of Eagle for the City to operate the Eagle Community Trolley. (NBS) J. Cost Share Agreement Between the City of Eagle and BB One LLC for North Channel Center Bank Stabilization and Trial Repair: An amendment to the cost Share Agreement for the North Channel Center Trail repair, authorizing the City to reimburse up to 50% of the bank stabilization project engineering and construction cost in an amount not to exceed$23,000.00. (NBS) K. Eagle Regional Sport Complex Easement Agreement: An easement agreement with Intermountain Gas Company granting a utility easement through the planned access right of way in the Eagle Regional Sports Complex. (NBS) L. Agreement for Live Performance Between the Ci , of Eagle and Seattle Goes South : An agreemen between the City of Eagle and Seattle Goes South to perform at the Eagle Spring Arts and Craft Fair. Compensation shall be at a rate not to exceed$300.00 for the performance. (JDH) M. Agreement for Live Performance Between the Ci1y of Eagle and Wayne White : An agreement between the City of Eagle and Wayne White to perform at the Eagle Saturday Market. Compensation shall be at a rate not to exceed$250.00 for the show. (JDH) N. Agreement for Live Performance Between the Ci , of Eagle and Ryan Sellers : An agreement between the City of Eagle and Ryan Sellers to perform at the Eagle Saturday Market. Compensation shall be at a rate not to exceed$250.00 for the performance. (JDH) O. Agreement for Live Performance Between the Cie of Eagle and Seattle goes South : An agreement between the City of Eagle and Seattle goes South to perform at the Eagle Saturday Market. Compensation shall be at a rate not to exceed$250.00 for the performance. (JDH) P. Agreement for Live Performance Between the Ci , of Eagle and Scott Sweet Music : An agreement between the City of Eagle and Scott Sweet Music to perform at the Eagle Saturday Market. Compensation shall be at a rate not to exceed$250.00 for the performance. (JDH) Q. Agreement for Live Performance Between the Cie of Eagle and Girl in the Garden : An agreemen between the City of Eagle and Girl in the Garden to perform at the Eagle Saturday Market. Compensation shall be at a rate not to exceed$250.00 for the performance. (JDH) R. Agreement for Live Performance Between the Ci , of Eagle and Good Time Charlie : An agreement between the City of Eagle and Good Time Charlie to perform at the Eagle Saturday Market. Compensation shall be at a rate not to exceed$250.00 for the performance. (JDH) S. Agreement for Live Performance Between the Cie of Eagle and Nick Mattera : An agreement between the City of Eagle and Nick Mattera to perform at the Eagle Saturday Market. Compensation shall be at a rate not to exceed$250.00 for the performance. (JDH) T. Agreement for Live Performance Between the Ci , of Eagle and Fiddle Express : An agreement between the City of Eagle and Fiddle Express to perform at the Eagle Saturday Market. Compensation shall be at a rate not to exceed$250.00 for the performance. (JDH) U. Agreement for Live Performance Between the Ci1y of Eagle and Michaela French : An agreement between the City of Eagle and Michaela French to perform at the Eagle Saturday Market. Compensation shall be at a rate not to exceed$250.00 for the performance. (JDH) V. Agreement for Live Performance Between the Ci , of Eagle and Easy Pickin's : An agreement between the City of Eagle and Easy Pickin's to perform at the Eagle Saturday Market. Compensation shall be at a rate not to exceed$250.00 for the performance. (JDH) W. Agreement for Live Performance Between the Ci , of Eagle and Stef and the Groove : An agreement between the City of Eagle and Stef and the Groove to perform at the Gazebo Concert Series. Compensation shall be at a rate not to exceed$1,200.00 for the performance. (JDH) X. Agreement for Live Performance Between the Cijy of Eagle and Bobby Dee Keys Rock House Band: An agreement between the City of Eagle and Bobby Dee Keys Rock House Band to perform at the Gazebo Concert Series. Compensation shall be at a rate not to exceed$1,200.00 for the performance. (JDH) Y. Agreement for Live Performance Between the City of Eagle and Jeff Engelbert Band : An agreement between the City of Eagle and Jeff Engelbert Band to perform at the Gazebo Concert Series. Compensation shall be at a rate not to exceed$600.00 for the performance. (JDH) Z. Agreement for Live Performance Between the Ci , of Eagle and Soul Patch : An agreement betweei the City of Eagle and Soul Patch to perform at the Gazebo Concert Series. Compensation shall be at a rate not to exceed$900.00 for the performance. (JDH) AA. Agreement for Independent Contractor Between the City of Eagle and Outdoor Event Group_: An agreement between the City of Eagle and Outdoor Event Group to provide parade event services for the Eagle Fun Days Parade on July 8, 2023. Compensation shall be at a rate not to exceed$12,500.00 for services. (JDH) AB. Resolution 23-07-Addendum No. 1 Solid Waste Franchise Agreement : A Resolution Of The City Of Eagle,Ada County, Idaho,Approving And Authorizing The Execution Of Addendum No. 1 To The Exclusive Franchise Agreement Between The City Of Eagle, Idaho And Hardin Sanitation, Authorizing The Mayor To Sign;And Providing An Effective Date. (TEO) 23-07 Addendum I Hardin Sanitation Franchise.docx AC. Easement Agreement Between the Ci , of Eagle and Two Rivers Subdivision Homeowners Association,Inc.: An Easement Agreement between the City of Eagle and Two Rivers Subdivision Homeowners Association, Inc. for utility access for the construction of a parking lot located on Lot 1, Block 1, of Mace River Ranch Subdivision No. 1. (VV) 9. UNFINISHED BUSINESS: NONE 10. 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 Public Hearing To Consider Proposed Services and Fees Associated with Solid Waste Services. (TEO) A.1.ACTIONITEM.• Resolution No. 23-06-Amending Hardin Sanitation Fee Schedule to Add Services and Associated Fees, and Address Scrivener Edits to the Fee Schedule and Providing and Effective Date. (TEO) Public Hearing Notice-Hardin Sanitation-Resolution 23-06 .pdf B. A-09-22/RZ-12-22/PP-18-22—Annexation,Rezone, and Preliminary Plat for Tierpointe Subdivision—DRY Ventures: DRY Ventures,represented by Dave Yorgason, is requesting an annexation,rezone from RUT (Rural-Urban Transition—Ada County designation)to R-6-DA (Residential with a development agreement [in lieu of a PUD]), and preliminary plat approvals for Tierpointe Subdivision, a 72-lot(66-buildable, 6-common)residential subdivision. The 16.01-acre site is located on the north side of State Highway 44 approximately 0.6-mile west of the intersection of State Highway 44 and North Linder Road. (MJW) Tierpointe Sub stf complete.pdf C. A-10-22/RZ-13-22/PP-19-22—Annexation,Rezone, and Preliminary Plat for Brookstone Subdivision—Timberland Development Partners: Timberland Development Partners,represented by Dave Yorgason, is requesting an annexation,rezone from RUT (Rural-Urban Transition—Ada County designation) to R-6-DA(Residential with a development agreement [in lieu of a PUD]), and preliminary plat approvals for Brookstone Subdivision, a 113-lot(97-buildable [53 single-family,44 single-family attached], 16-common)residential subdivision. The 23.28-acre site is located on the north side of State Highway 44 approximately 1,850-feet west of the intersection of State Highway 44 and North Linder Road. (MJW) Brookstone Sub stf complete.pdf D. A-02-22/RZ-02-22/CU-02-22/PPUD-01-22/PP-07-22—Annexation,Rezone,Preliminary Development Plan,and Preliminary Plat with a Conditional Use Permit for Rocking A Subdivision—Alscott Realty: Alscott Realty,represented by Brian Scott, is requesting annexation, rezone from RUT (Rural Urban Transition—Ada County designation)to A-R-DA-P (Agricultural- Residential with a development agreement—PUD), conditional use permit,preliminary development plan, and preliminary plat approvals for Rocking A Ranch Subdivision, a 39-lot(34-buildable, 5- common)residential planned unit development. The 171.9-acre site is located on the east side of North Eagle Road, approximately 1,300 feet north of East Beacon Light Road. (MNB) Rocking A Ranch Sub pz action.pdf E. A-03-22 &RZ-03-22—Annexation and Rezone for Alscott Equestrian Facility— Alscott Realty: Alscott Realty,represented by Brian Scott, is requesting an annexation,rezone from RUT(Rural Urban Transition—Ada County designation)to A-R-DA(Agricultural-Residential with a development agreement in lieu of a conditional use permit),to permit an equestrian facility. The 20-acre site is located on the northeast corner of North Eagle Road and East Beacon Light Road at 3000 North Eagle Road. (MNB) Alscott Equestrian pz action.pdf 11. NEW BUSINESS: NONE 12. 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. 13. 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: (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. ACTIONITEM: Pending/Threatening Litigation Action Regarding Eagle Senior Citizens Inc. (A Non-Profit). 14. 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.