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Agenda - 2023 - City Council - 04/25/2023 - Regular THE CITY OF EAGLE CITY COUNCIL AGENDA Eagle City Hall, 660 E. Civic Lane, Idaho April 25, 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. PRESENTATION: A. Valley Regional Transit(VRTA: A representative from VRT will report on ridership. 6. REPORTS: A. Mayor and Council: B. Department Supervisor: 1. City Treasurer,Financial Reports for March 2023 and Quarter Ending March 31, 2023. 03-31-23 Monthly Financial Statements 03-31-23 Quarterly Financial Statements 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 ACTIONITEMS: 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 approva motion unless specifically stated otherwise. A. Claims Against the City. B. Minutes of March 28,2023. (TEO) C. Minutes of March 30,2023. (TEO) D. Minutes of April 5,2023. (TEO) E. Minutes of April 11,2023. (TEO) F. Independent Contract Instructor Agreement Between the Ci , of Eagle and Ashley Christensen: Independent Contract Instructor Agreement between the City of Eagle and Ashley Christensen to provide Workout Classes. Compensation shall be at a rate of 70%of the total revenue. (KRD) G. Independent Contract Instructor Agreement Between the Ci1y of Eagle and Abigail Takeuchi: Independent Contract Instructor Agreement between the City of Eagle and Abigail Takeuchi to provide Self-Empowerment Classes. Compensation shall be at a rate of 70% of the total revenue. (KRD) H. Pyrotechnic Public Display Contract Between the Cijy of Eagle and Fireworks & Stage FX America,LLC dba Fireworks America: A Pyrotechnic Public Display Contract between the City of Eagle and Fireworks& Stage FX America, LLC dba Fireworks America. Compensation shall not exceed$20,000.00. (JDH) L Second Amendment to Park Vendor Lease Agreement Between the CijY of Eagle and Treasure Valley pical Sno Dealership LLC: A Second Amendment to Park Vendor Lease Agreement between the City of Eagle and Treasure Valley Tropical Sno Dealership LLC to provide temporary vendor services at Merrill Park from May 1, 2023,to September 30, 2023. (TEO) J. Findings of Fact and Conclusions of Law for the Appro val of A-14-22/RZ-19-22—Annexation and Rezone for Avimor Village One—Avimor Development: Avimor Development is requesting an annexation,rezone from PC (Planned Community—Ada County designation) to A-P-D (Avimor Planned Development) for Avimor Village One(portions of Avimor Subdivision No. 1,Avimor Subdivision Nos. 4-11, and Avimor Townhomes North Subdivision). The approximately 657-acre site is already developed with a mix of uses and is located on the east side of Highway 55, approximately 3 miles north of Dry Creek Road in Ada County. (MNB). See Findings of Fact and Conclusions of Law document attached to A-06-22/RZ-06-22&ZOA-01-22 above. K. Findings of Fact and Conclusions of Law for the Approval of A-06-22/RZ-06-22 & ZOA-01-22— Annexation and Rezone with a Development Agreement and Zoning Ordinance Amendment to Establish Development Standards and Processes for the Avimor Planned Development Zoning District—Avimor Development,Spring Valley Livestock,and First American Title as dual beneficiary trust: The applicant is requesting an annexation and rezone from RP (Rural Preservation— Ada County Designation), RR(Rural Residential—Ada County designation),Multiple Use Zone(Boise County designation), and Al (Prime Agriculture—Gem County designation)to A-P-D-DA(Avimor Planned Development with a Development Agreement) and a zoning ordinance amendment to establish development standards and processes for the Avimor Planned Development Zoning District. The 17,522 acre site is anticipated to include up to 8,761 dwelling units and approximately 860,000 square feet of commercial and retail uses. This application includes a development agreement, economic impact report, master wastewater study, a municipal water and pressurized irrigation system master plan, a master drainage report,grading and hillside development standards, and a habitat management plan. The 17,522 acre site is located on both the east and west side of Highway 55, approximately 3 miles north of Dry Creek Road in Ada, Gem, and Boise Counties. (MNB) Avimor CCF `Updated on 4/21/2023 L. Eagle Road Pedestrian/Bicycle Bridge Change Order No. 01 :Professional Engineer Stamp and Time Extension for Knife River in the amount not to exceed$4,500.00. (NBS) M. Findings of Fact and Conclusions of Law for the Approval of FPUD-10-22 & FP-16-22 -Final Development Plan and Final Plat for Millstone Farm Subdivision No.1 -Seddie Eagle I,LLC: Seddie Eagle I, 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 Phase 1 fp& fpud ccf.pdf N. Development Agreement Associated with RZ-04-18 MOD2 -Madera Development,Inc.: Madera Development, Inc.,represented by Jon Breckon and Mary Wall with Breckon Land Design,is requesting a modification to the rezone development agreement associated with the approved Bellemeade Subdivision. The request is to modify the front yard setback identified in the previously approved Condition of Development 3.4. The 10.99-acre site is located on the north side of West Flint drive at the northeast corner of West Flint Drive and North Park Lane at 3850 West Flint Drive and 312 North Park Lane. (MJW) RZ-04-18 MOD2 Bellemeade DA cc fnl ver.pdf O. Lease Agreement Between the Cie of Eagle and Eagle Rodeo Inc.: A Lease Agreement between the City of Eagle and Eagle Rodeo Inc. to utilize City owned property for the Eagle Rodeo. (JWP) P. Temporary Noise Ordinance Waiver Request: Eagle Rodeo is requesting a noise waiver for the dates of June 7 -June 10, 2023, for the Eagle Rodeo event being held between 5:00 p.m. - 12:00 a.m. (TEO) Q. Resolution No. 23-10-Public Utilities,Lot Drainage, and Pressurized Irrigation Facilities Easement Vacation: A resolution of the Eagle City Council to vacate the rear yard public utilities,lot drainage, and pressurized irrigation facilities easement located within Lots 3,4, and 5, Block 4 (AMENDED PLAT OF RINGO RIDGE ESTATES SUBDIVISION NO.1) as shown on the attachments hereto; and providing an effective date. (MJR) Resolution of vacation Ringo Ridge Estates Sub No l.pdf Res 23-10 Exhibits.pdf R. EXT-02-23 -Final Plat Extension of Time Associated with Molinari Park Subdivision No.2 - Molinari Park Development,LLC: Molinari Park Development,LLC,represented by Nick Bruyn of KM Engineering,is requesting a one(1)year extension of time for the final plat of Molinari Park Subdivision No.2, a 71-lot(59-buildable, 12-common),mixed-use subdivision. The 6.5-acre site is located at the south side of East Plaza Drive approximately 300-feet east of the intersection of South 2nd Street and East Plaza Drive. (MNB) Molinari 2 FP ext of time.pdf S. Master License Agreement for Installation and Disposition of Underground Fiber-Optic Conduit Systems: A Master License Agreement for Installation and Disposition of Underground Fiber-Optic Conduit System between the City of Eagle and Ada County Highway District. (ELZ) 9. UNFINISHED BUSINESS: A. 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) 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. PP-20-22 -Preliminary Plat for Valnova Lot 51 Subdivision (a re-subdivision of Lots 19 and 51 of Spring Valley Subdivision No.1)-GWC Capital,LLC: GWC Capital,LLC,represented by Landon Northey, is requesting preliminary plat approval for Valnova Lot 51 Subdivision(a re-subdivision of Lots 19 and 51 of the Spring Valley Subdivision No. 1) a 50-lot(4 1-buildable,9-common [7-community open space,2-private alleys]) subdivision. The 23.14-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). (DLM) Valnova Lot 51 Sub-CC Packet 2023-04-25.pdf B. CU-01-23 -Waiver of Eagle City Code Section 8-2-4-George Fischer: George Fischer is requesting conditional use permit approval for a waiver of Eagle City Code(8-2-4) setback requirements in anticipation of a parcel division and to permit an existing accessory structure to exist upon a parcel without a principal dwelling(ECC 8-1-2). The 5.85 acre site is located on the south side of Beacon Light Road, at the intersection with Skyview Lane, approximately 0.4 miles east of Ballantyne Lane at 1275 West Beacon Light Road. (MNB) B1. ACTION ITEM- PD-01-22 -Parcel Division-George Fischer: George Fischer is requesting approval of a parcel division for the creation of two parcels. The 5.85-acre site is located on the south side of Beacon Light Road, at the intersection with Skyview Lane, approximately 0.4 miles east of Ballantyne Lane at 1275 West Beacon Light Road. (MNB) CU-01-23 pz action.pdf Fischer Parcel Division stf.pdf C. Development Impact Fees for Parks: Amendment to the City of Eagle Development Impact Fee Study and Capital Improvement Plan for Parks to consider an increase in the development impact fee for parks in excess of 5%. (NBS) 2023 Update Report-Park Development Impact Fee Capital Improvement Plan- Draft 11. NEW BUSINESS: A. ACTIONITEM: Beacon Light Road(Linder Road to SH-16)Provide a recommendation to ACHD on the number of potential lanes on Beacon Light Road west of Linder Road. (NBS) B. ACTION ITEM: Ordinance 895: Zoning Ordinance Amendment for the Creation of Title IIB- Ci1y of Eagle: An ordinance of the City of Eagle,Ada County Idaho, adding a new Title 1113 "Avimor Zoning Ordinance", Chapter I "ZONING DISTRICT AND INTERPRETATION/DEFINITIONS", Chapter 2"LAND USE DISTRICTS", Chapter 3 "DESIGN REVIEW", Chapter 4"SPECIFIC USE STANDARDS", Chapter 5 "OFF STREET PARKING AND LOADING", Chapter 6"NON- CONFORMING USE", Chapter 7"ZONING ADMINISTRATION AND ENFORCEMENT", Chapter 8 "AREA OF CITY IMPACT", Chapter 9"HISTORIC PRESERVATION", Chapter 10"MINIMAL PROPERTY MAINTENANCE", and Chapter 11 "LAND SUBDIVISIONS", and providing an effective date. (MNB) Avimor Zoning Ordinance *Updated on 4/21/2023 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. ACTION ITEM: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.