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Agenda - 2023 - City Council - 04/11/2023 - Regular THE CITY OF EAGLE CITY COUNCIL AGENDA Eagle City Hall, 660 E. Civic Lane, Idaho April 11, 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 Bob Van Arnem,Cheryl Bloom,Tom Brengle and Julie Hernandez for their two (2)years of service on the Animal Control Committee. 6. REPORTS: A. Mayor and Council: B. Department Supervisor: 1. Fiber Optic Infrastructure Update(ELZ) C. Eagle Police Department: 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 March 8,2023. (TEO) C. Minutes of March 13,2023. (TEO) D. Minutes of March 14,2023. (TEO) E. Arbor Day Proclamation: A Proclamation Recognizing Arbor Day in the City of Eagle on April 28th, 2023. (JWP) Arbor Day Proclamation 2023.pdf F. Memorial Bench for Jack Bearden: Request for Council approval of a Memorial Bench to be located at McDonald's Park. (ELZ) G. Live Performance Agreement Between the Ci1y of Eagle and Dave Nudo Band : A Live Performance Agreement between the City of Eagle and Dave Nudo Band to perform at the Eagle Harvest Festival. Compensation shall be at a rate of$800.00 for the performance. (JDH) H. Live Performance Agreement Between the Cily of Eagle and Scott Sweet Music : A Live Performance Agreement between the City of Eagle and Scott Sweet Music to perform at the Eagle Harvest Festival. Compensation shall be at a rate of$400.00 per show. (JDH) L Live Performance Agreement Between the Ci , of Eagle and Highway 45 : A Live Performance Agreement between the City of Eagle and Highway 45 to perform at the Eagle Saturday Market. Compensation shall be at a rate not to exceed$250.00 for the performance. (JDH) J. Live Performance Agreement Between the Cijy of Eagle and Blue Sky Band : A Live Performance Agreement between the City of Eagle and Blue Sky Band to perform at the Gazebo Concert Series. Compensation shall be at a rate not to exceed$600.00 for the performance. (JDH) K. Live Performance Agreement Between the Ci , of Eagle and Wayne White : A Live Performance Agreement between the City of Eagle and Wayne White to perform at Toast to Eagle. Compensation shall be at a rate of$400.00 for the show. (JDH) L. Live Performance Agreement Between the Cijy of Eagle and Red Light Challenge : A Live Performance Agreement between the City of Eagle and Red Light Challenge to perform at Eagle Fun Days. Compensation shall be at a rate of$750.00 for the performance. (JDH) M. Live Performance Agreement Between the Ci , of Eagle and Blues Addicts : A Live Performance Agreement between the City of Eagle and Blues Addicts to perform at Eagle Fun Days. Compensation shall be at a rate of$800.00 for the performance. (JDH) N. Live Performance Agreement Between the Cijy of Eagle and Jeff Engelbert Band : A Live Performance Agreement between the City of Eagle and Jeff Engelbert Band to perform at Eagle Fun Days. Compensation shall be at a rate of$600.00 for the performance. (JDH) O. Live Performance Agreement Between the Ci , of Eagle and Good Time Charlie.LLC : A Live Performance Agreement between the City of Eagle and Good Time Charlie, LLC to perform at Eagle Fun Days. Compensation shall be at a rate of$400.00 for the performance. (JDH) P. Live Performance Agreement Between the Cijy of Eagle and Casio Dreams : A Live Performance Agreement between the City of Eagle and Casio Dreams to perform at Eagle Fun Days. Compensation shall be at a rate of$1200.00 for the performance. (JDH) Q. Independent Contract Agreement Between the Ci , of Eagle and Committed Caseworks and Events.LLC: An Independent Contract Agreement for Audio Technician Services between the City of Eagle and Committed Caseworks and Events,LLC to perform audio services at the Gazebo Concert Series. Compensation rendered at a rate of$800.00 for performances on May 25, June 29,July 27, August 31, September 28, 2023. (JDH) R. Independent Contract Agreement Between the Cijy of Eagle and Committed Caseworks and Events.LLC: An Independent Contract Agreement for Audio Technician Services between the City of Eagle and Committed Caseworks and Events,LLC to perform audio services at the Eagle Harvest Festival. Compensation rendered at a rate of$800.00 for the event. (JDH) S. Agreement for Operation of the RC Cars Track Between the CijY of Eagle and Eagle Hills Racing Association:An agreement to permit the Eagle Hills Racing Association to hold radio-controlled car racing events,make improvements, and provide maintenance at the Ada/Eagle Sports Complex RC Cars Track. (STN) T. Agreement Between the Cijy of Eagle and Midwest Tape.LLC : An agreement between the City of Eagle and Midwest Tape, LLC to provide digital media services(hoopla) for the Eagle Public Library. (SJB) U. Audit Engagement Letter for FY23.FY24 and FY25: Staff is requesting approval for the Mayor to sign the Audit Engagement Letter. Every three years, Quest CPAs sends the City of Eagle an engagement letter outlining their responsibilities as our City Auditors. The engagement letter includes the required non-appropriation clause. Included are estimates of the cost of the annual audit as well as any specialty audits that may be needed for grants, loans, etc. (KR) V. Second Amendment to Fleet Service Agreement Between the City of Eagle and Commercial Tire Second Amendment to Fleet Service Agreement between the City of Eagle and Commercial Tire to provide fleet services. Exhibit A-2 of the agreement provides service cost. (ELZ) W. Subrecipient/Beneficiary Grant Agreement Between the Cie of Eagle and the Idaho Office of Emergency Management: Subrecipient/Beneficiary Grant Agreement between the City of Eagle and the Idaho Office of Emergency Management for grant funding for the purchase of Vibe Boards. The grant funding shall not exceed$10,902.15. (ELZ) X. DR-42-17 MOD-Modification to the Ashbury Business Park Subdivision No. 2 Site Plan to Recognize the Setback Along the East Property Line as a Side Setback-Funnel Prop,LLC: Funnel Prop, LLC,represented by Jason Yates with Element Design Build,is requesting design review approval to modify the approved site plan for Ashbury Business Park Subdivision to recognize the setback along the east property line as a side setback. The 1.17-acre site is located on the south side of West Bavaria Street approximately 830-feet west of North Meridian Road at 3475 West Bavaria Street within Ashbury Commercial Subdivision(Lot 7-9,Block 1). (ERG) Ashbury BP Sub No. 2 Site Plan Mod dr action.pdf Y. DR-52-22 -Atlas Research and Development Building in Ashbury Commercial Subdivision- Funnel Properties,LLC: Funnel Properties,LLC represented by Jason Yates with Element Design Build, is requesting design review approval for a two story, 16,830-square foot research and development building. The 1.17-acre site is located on the south side of West Bavaria Street approximately 830-feet west of North Meridian Road at 3475 West Bavaria Street within Ashbury Commercial Subdivision(Lot 7-9, Block 1). (ERG) Research and Dev. Bldg in Ashbury dr action.pdf Z. FP-17-22 -Final Plat for Spring Valley Subdivision No.1 -GWC Capital : GWC Capital,representei by James Hammon of Alliance Consulting, is requesting final plat approval of Spring Valley Subdivision No.1, a 53-lot(25 designated for future re-subdivision,21-common, 7-future roadways) subdivision. The 996.84-acre site is generally located approximately 3/4-mile northeast of the intersection of State Highway 16 and Equest Lane(approximately 1 mile north of Beacon Light Road and Linder Road intersection). (MJW) Spring Valley Sub No. 1 fp pkt.pdf AA. FPUD-10-22 & FP-16-22 -Final Development Plan and Final Plat for Millstone Farm Subdivision No.1 -Seddie Eagle L LLC: Seddie Eagle 1,LLC,is requesting final development plan and final plat approvals for Millstone Farm Subdivision-Phase 1, a 103-lot(90-buildable, 13-common),residential subdivision. The 41.78-acre site is located at the northwest corner of North Palmer Lane and West Floating Feather Road. (MJW) Millstone Farm Sub fp& fpud stf complete.pdf AB. Findings of Fact and Conclusions of Law for the Approval of 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 ccf.pdf AC. Findings of Fact and Conclusions of Law for the recommendation of Approval of A-03-22 & RZ- 03-22 -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 ccf.pdf AD. Findings of Fact and Conclusions of Law for the Approval of 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 ccf.pdf AE. Findings of Fact and Conclusions of Law for the Approval of 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 ccf.pdf AF. Findings of Fact and Conclusions of Law for the Approval of CU-14-22 -Conditional Use Permit for Eagle Fire Station No. 2-Eagle Fire Protection District: Eagle Fire Protection District, represented by Tamara Thompson with The Land Group, Inc., is requesting conditional use permit approval for a new emergency services facility,waiver of minimum lot coverage, and a change of nonconforming use based on the size of property. The 4.40-acre site is located on the west side of North Horseshoe Bend Road approximately 500-feet south Beacon Light Road at 12655 North Horseshoe Bend Road. (MJW) CU-14-22 Eagle Fire Station#2 ccf.pdf AG. Agreement for Operation of a Public Pathway Between the Ci , of Eagle and the New Dry Creek Ditch Company An agreement to permit the City of Eagle to operate and maintain a public pathway within a New Dry Creels Ditch Company easement within the Stags Crossing Subdivision pursuant to the Master Pathway License Agreement for Developing and Maintaining Pathways. (STN) 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-01-22/RZ-01-22/PP-04-22 -Annexation,Rezone,and Preliminary Plat for Reining Horse Subdivision-Mark T.Beckman: Marl-,T. Beckman,represented by Shawn L.Nickel with SLN Planning, is requesting an annexation,rezone from RUT (Rural-Urban Transition—Ada County designation) to R-1-DA(Residential with a development agreement), and preliminary plat approvals for Reining Horse Subdivision, an 8-lot(7-buildable, 1-common)residential subdivision. The 7.68-acre site is located on the north side of West Floating Feather Road approximately 380-feet east of the intersection of West Floating Feather Road and North Meridian Road at 3050 West Floating Feather Road. (DLM) Reining Horse-CC Packet—2023-04-1 l.pdf B. A-08-22/RZ-10-22/CU-09-22/PPUD-06-22/PP-16-22-Annexation,Rezone, Conditional Use Permit,Preliminary Development Plan and Preliminary Plat for Shetland Point Subdivision- Steve Arnold: Steve Arnold with A Team Land Consultants is requesting an annexation,rezone from R1 (Residential—Ada County designation) to R-3-DA-P (Residential with a development agreement— PUD), conditional use permit,preliminary development plan, and preliminary plat approvals for Shetland Point Subdivision, a 13-lot(11-buildable,2-common)residential planned unit development. The 5.10-acre site is located on the west side of North Park Lane approximately 400-feet south of the intersection of West Floating Feather Road and North Park Lane at 1025 North Park Lane. (MJW) Shetland Point Sub cc pl-,t complete.pdf 11. NEW BUSINESS: A. ACTION ITEM: Ordinance 881 -Rene Commons: An ordinance annexing certain real property situated in the unincorporated area of Ada County,Idaho, and contiguous to the corporate limits of the City of Eagle,to the City of Eagle,Idaho; changing the zoning classification of said real property described herein from RUT (Rural-Urban Transition) to R-4-DA(Residential with a development agreement); amending the zoning map of the City of Eagle to reflect said change; directing that copies of this ordinance be filed as provided by law;providing a severability clause; and providing an effective date. (DLM) Ordinance 881 Rene Commons Subdivision 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: Action regarding pending/threatened litigation. 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.