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Minutes - 2023 - City Council - 04/11/2023 - Regular EAGLE CITY COUNCIL MEETING MINUTES April 11,2023 1. CALL TO ORDER: Mayor Pierce calls the meeting to order at 5:31 p.m. 2. ROLL CALL: Present- GINDLESPERGER,PIKE, BAUN, RUSSELL. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Mayor Pierce leads the Pledge of Allegiance. 4. ADDITIONS,DELETIONS OR MODIFICATIONS TO THE AGENDA: A. City Staff requests:None B. Mayor or City Council requests:None 5. RECOGNITION: A. Recoenition of Bob Van Arnem,Cheryl Bloom,Tom Brenele and Julie Hernandez for their two(2)years of service on the Animal Control Committee. On behalf of the City, Mayor Pierce thanks the Animal Control Committee for their service to the Eagle Community and presents them with a token of appreciation. 6. REPORTS: A. Mayor and Council: Pike provides an update on the Eagle Sewer District and Urban Renewal Agency meetings. Mayor Pierce provides an update on the Eagle Road Ped Bridge. The Ribbon cutting has been postponed and the new date will be identified soon. Also mentions the State of the City is next week. B. Department Supervisor: Planner III, Mike Williams provides an update on the river flows. 1. Fiber Optic Infrastructure Update(ELZ) Public Works Director,Eric Ziegenf iss provides an update on the Fiber Optic Infrastructure project. C. Eagle Police Department:No report. D. City Attorney:No report. 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. No one in the public chooses to speak. 7. 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. Page 1 K:\COUNCIL\MINUTES\2023\CC-04-11-23min.docx ♦ 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) 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 City 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 City 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) I. Live Performance Agreement Between the City 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 City 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 City 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 City 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 City 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 City 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 City 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 City 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 City 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) Page 2 K:\COUNCIL\MINUTES\CC-04-11-23min.docx R. Independent Contract Agreement Between the City 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 City 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 City 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 City of Eagle and the Idaho Office of Emergency Management: SubrecipientBeneficiary 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 Ashburn 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) 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) Z. FP-17-22-Final Plat for Spring Valley Subdivision No.1 -GWC Capital: GWC Capital,represented 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) AA. 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 Page 3 K:\COUNCIL\MINUTES\CC-04-11-23min.do" 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) 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) 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) 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) AG. Agreement for Operation of a Public Pathway Between the City 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 Creek Ditch Company easement within the Stags Crossing Subdivision pursuant to the Master Pathway License Agreement for Developing and Maintaining Pathways. (STN) AH. *North Channel Center Trail: An amendment to the First Addendum to Cost Share Agreement for the North Channel Center Trail repair,authorizing the City to reimburse Page 4 K:\COUNCIL\MINUTES\CC-04-11-23min.docx up to 50%of the bank stabilization construction and landscaping cost in an amount not to exceed$68,976.50. (VV) Al. *North Channel Center Trail: Second addendum to the Cost Share Agreement for the North Channel Center Trail repair,authorizing the City to reimburse up to 100%of the North Channel Center Trail Pathway Reconstruction in an amount not to exceed $58,740.00. (VV) Baun requests to remove item AB. City Attorney,Victor Villegas requests removing item S. Russell makes a motion to approve Consent Agenda items 8A-8AI with the exception of S and AB. Seconded by Gindlesperger.ALL AYES...MOTION CARRIES. S. Agreement for Operation of the RC Cars Track Between the City 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) Villegas states that Eagle Hills Racing is not registered with the Secretary of State. He recommends that the Council continue this item until they are registered. Baun makes a motion to table item 8S-Agreement for Operation of the RC Cars Track between the City of Eagle and Eagle Hills Racing Association until the next City Council meeting on April 25,2023. Seconded by Gindlesperger.ALL AYE...MOTION CARRIES. 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) Baun states that when he made the motion he referenced the wildlife habitat management plan and some specifications for staff to update the language. He and staff added the language of management of nuisance wildlife and a mechanism of oversight for funding on item 12F in the Facts of Findings. Baun makes a motion to approve item 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 with the changes to 12F as identified. Seconded by Russell.ALL AYE...MOTION CARRIES. 8. UNFINISHED BUSINESS: None 9. ALL PUBLIC HEARING ITEMS ARE CONSIDERED ACTION ITEMS PUBLIC HEARINGS: Public hearings will not begin prior to 6:00 p.m. Page 5 K:\COUNCIL\MINUTES\CC-04-11-23min.docx ♦ 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: Mark 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) Mayor Pierce introduces the item. Shawn Nickle, PO BOX 1595, Eagle, Idaho,with SLN Planning representing Mark T. Beckman. Nickle provides an overview of the application and states that they are working with the lateral users on irrigation to get sufficient water for all water users. There is insufficient delivery to the Canterbury Subdivision. They will need to work with their civil engineer to come up with a design to provide proper flows. Planner III,Daniel Miller reviews the staff report and areas for special consideration and conditions of concern. General discussion regarding fire access and the potential of a pump house. Mayor Pierce opens the public hearing. Nicole Cromwell, 2961 West Storchester, Eagle,Idaho. She is the HOA president for Canterbury Subdivision. She is concerned with the density and the irrigation. She is not opposed to the development but wants the density less and hopes that the HOA won't impede water rights. Dennis Kunz, 1647 Chaucher, Eagle, Idaho. He has lived in Canterbury since 1997 and has been a member of the irrigation team.He is not opposed to the property rights of the owner, but the project does not abide by the Comprehensive Plan. The lot sizes and alignment are not harmonious. The current irrigation box will not work. Jerry Sullivan, 1736 North Clarendon Way,Eagle, Idaho.He has lived in Canterbury for 25 years. Sullivan has concerns with the irrigation and has been frustrated with the lack of information that has been provided by the applicant. Cheryl Bloom,2153 North Hollybrook, Eagle,Idaho. She is representing the users on Lateral 75. She addresses the inconsistencies with irrigation. Canterbury is not a major shareholder,no one blocks water from being used on that lateral.No one has ever denied Beckman his water shares. Jim Tolley, 1437 North Chaucer, Eagle,Idaho. He is concerned with the lot sizes and does not feel that it is transitional. John Collins, 1807 North Chaucer Way,Eagle, Idaho.He is concerned with the lot sizes. It is not harmonious. Page 6 K:\COUNCIL\MINUTES\CC-04-11-23mfn.docx Susan Lainer, 2453 West Champagne Court, Eagle, Idaho. She is concerned with irrigation and lot sizes. She urges the Council not to pass this application. Mike Lewis, 1807 North Locksley Way,Eagle,Idaho. He is concerned with the lot sizes. They should be the same as the surrounding subdivisions. Tim Oren,North Chaucher Way, Eagle,Idaho. He addresses the lot lines not aligning. It is going to have an impact on the existing property owners. He urges the Council to reject the proposal. Beth Brown, 3031 West Champagne Court,Eagle,Idaho. She doesn't believe that the folks here tonight are being unreasonable. It is important for the Council to listen to the testimony and consider the lot sizes. Dietrich Von Behcen, 1577 North Chaucer Way,Eagle,Idaho. The key issue is density. There are concerns with quality of life, irrigation,and safety as it relates to the sidewalks. Melissa Cutter, 3039 West Reflection Lane, Eagle, Idaho. She is concerned with the road being adjacent to existing homes and the safety of EMS. She will have lights shining into her home. Once the existing landscape is gone it can't be replaced. Paul Hutchinson, 3042 West Reflection Lane, Eagle,Idaho. He is representing Castle Rock. He agrees with everyone else on the fact that the lot sizes are not harmonious with the surrounding areas. The applicant provides a rebuttal and addresses some of the concerns that were brought up tonight. He also provides an updated plat map that removes one lot. Planner Miller suggests adding Site Specific Condition#23 regarding no parking on the street. #4 if council approves the exhibit that's been introduced by the applicant,that it would be written into that condition approving the exhibit. Or if there is a preference of lots by the City Council the applicant is required to provide a new submittal. Miller clarifies staff releasing PI reports and the two meetings. Irrigation will be viewed at final plat. Mayor Pierce closes the Public Hearing. Planner 111, Mike Williams states if it is chosen to have no parking there is typically a condition in the CC&R's. Staff would recommend you add a condition to place into the CC&R's Gindlesperger is not opposed to the development with the exception of the density. She recommends a total of 4 lots including the existing lot. Baun has concerns with irrigation. He believes 7 lots are too many. He would support a lower density such as 5 lots. He would recommend that they are not on septic and on City water. Pike would like to stay consistent with the lot lines aligning. He has an issue with reduction of the width of the street and removal of the sidewalk. He is looking at a reduction of lots. Russell agrees that the density is too high for that area. She would like to see it be reduced. The water issue will take care of itself with the staff recommended conditions. Mayor Pierce asks the City Attorney if the Council should approve it with a lower density or remand the application back to staff. Page 7 K:\COUNCIL\MINUTES\CC-04-11-23min.docx Villegas states that it may make sense to remand the application back to staff if they are requesting 4 lots. Bann recommends remanding item 9A-A-01-22/RZ-01-22/PP-04-22 -Annexation,Rezone, and Preliminary Plat for Reining Horse Subdivision back to staff for them to work with the applicant regarding lower density. Seconded by Gindlesperger.Discussion.Pike AYE; Bann AYE; Russell AYE; Gindlesperger NAY... Motion Carries. 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) Mayor Pierce introduces the item. Steve Arnold provides an overview of the application. Planner III,Mike Williams reviews the staff report and areas for special consideration and conditions of concern. Mayor Pierce opens the Public Hearing. Susan Shatzel, 1484 North Weldon Place,Eagle, Idaho. She has concerns with the ditch,density, and design.It is not a nice design and recommends not annexing it into the City. Michael Stephenson, 875 Park Lane, Eagle, Idaho. He is concerned with the ditch,density,and traffic. Mark Rogelstad, 1432 North Welding Place,Eagle,Idaho. There is no benefit to anyone other than the developer. He is a disabled Veteran with PTSD and while after a long road of recovery he found happiness once he purchased his dream home. This development would take away that happiness. Councilman Pike thanks Mr. Rogelstad for his service. Carmen Fisher, 1012 Park Lane, Eagle,Idaho. Her father was the one who owned all the land surrounding the site. She wants to know where the access is to get on to Floating Feather. The ditch needs to stay. Laura Swanson, 1000 North Park Lane,Eagle, Idaho. This proposal does not seem to make sense. She has concerns with the density,traffic, and irrigation. Rulen Ramsey,4605 Floating Feather Road,Eagle,Idaho. He has concerns with irrigation. It is not realistic to provide them with water 24/7.There needs to be some kind of retention pond. Greg Shatzels, 1384 North Shatten,Eagle, Idaho. He suggests not annexing the property. To go to a quarter of an acre is unreasonable. He would love to see a park there.He provides the Council Page 8 K:\COUNCIL\MINUTES\CC-04-11-23min.docx the public hearing notice that was sent out that had the wrong dates written on the notice. This was an illegal notice. Villegas states that the public still had the opportunity to testify during the Public Hearing. Baun recommends noticing the application again. Planner Williams states that if they are noticing then they should close the public hearing since the public hearing will start all over again. Legal concurs. Bann makes a motion to re-notice application 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 with a correct date. Seconded by Gindlesperger.ALL AYE...MOTION CARRIES. The application will be noticed for the May 9 Council Meeting. 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) Mayor Pierce introduces the item. Planner I1I,Daniel Miller requests that the Council read the required readings. Baun moves,pursuant to Idaho Code,Section 50-902,that the rule requiring Ordinances to be read on three different days with one reading to be in full be dispensed with,and that Ordinance#881 be considered after being read once by title only. Seconded by Gindlesperger. ALL AYES...MOTION CARRIES. Baun moves that Ordinance#881 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 be adopted. Seconded by Pike. GINDLESPERGER AYE; PIKE AYE; BAUN AYE; RUSSELL AYE: ALL AYE... MOTION CARRIES. 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. Page 9 K:\COUNCIL\MINUTES\CC-04-11-23min.docx No one in the public chooses to speak. 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: Baun moves pursuant to I.C. 74-206(1) that the City of Eagle convene an Executive Session for the purpose of- (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 reeardine nendine/threatened litigation.No action taken. 14. ADJOURNMENT: Bann moves to adjourn. Seconded by Gindlesperger. ALL AYE...MOTION CARRIES. Hearing no further business,the Council meeting was adjourned. Re ectfully submitted: HO C CSITS, idCMCT DEPUTY CITY CLERK APPROVED: A�R AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT W W W.CITYOFEAGLE.ORG. Page 30 K:\COUNCIL\MINUTES\CC-04-11-23min.docx f � •y- � i f � 4/17/2023 Application Request 1. Building Lots:11,one existing and ten new lots. �S 2. Density:2.16/acres. HOC 3. Comp Plan allows 2-4 units per acre ♦. J� 4. We modified the plan and reduced lots due to neighbor concerns(18 toll) �OL`S 5. The properties adjacent to this site that have not been developed but have the a L c° transitional toning as this property a 6. Existing Zoning Is R-1,we are requesting R-}DA-P ��� '4� 7. Public Roadways:29-foot section with 5-foot detach on the north and 8-foot pathway to the Cp S° south. C:� o 8. CCBR's along with an HOA will control the development R 0I aQ 9. We will have language in the CCBR's addressing the CEP 4.a sac 10.A public easement for the pathway along south will be provided so it can be extended. e 5r 11.The drain will be piped so the pathway can be located with in the easement 12.The irrigation district has given tentative approval pending a detailed plan 23.PI will be provided to all lots,a waiver for the common lot is no longer requested v TERM 1 2 Neighborhood Meeting Map Preliminary Plat n ,j ilk _- 7. - — — p .,,_ 3 4 Landscape/Pathway Plan - Looking South I µ Ilk I .r v ..,_...�.. ...,�.,.�.. ..,......,... as .,� / "... , 5 6 1 4/_L7/2023 Site Looking west Looking East y 7 Looking North _ AO Land Consultants .�" Mi' . 9 10 2 `�. � �b"'TLC •�,�f Y ��•-� I � 1 i t^ }° �F f, . Y 'F•Y' . EAGLE CITY COUNCIL MEETING April 11, 2023 PUBLIC HEARING: Item 10B SUBJECT: 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. SPA ? TESTIFY PRO/CON NAME leaseprint) ADDRESS YES/NO NEUTRAL ot �1SGl�I�J La N e� y con � J00 1 Z M W0 0K C� i-A Z 1 1.,. -r'(p c TI ` e v to loch = �. L* NO S C-0 r� Al, more on back EAGLE CITY COUNCIL MEETING April 11, 2023 PUBLIC HEARING: Item 10B SUBJECT: 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. TESTIFY PRO/CON NAME leaseprint) ADDRESS YES/NO NEUTRAL more on back EAGLE CITY COUNCIL MEETING April 11, 2023 PUBLIC HEARING: Item 10B SUBJECT: 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. TESTIFY PRO/CON NAME leaseprint) ADDRESS YES/NO NEUTRAL more on back EAGLE CITY COUNCIL April 11, 2023 PUBLIC COMMENT 1 SIGN-UP Time is allotted on the agenda at the beginning and end of the council meeting. Time is limited to three (3) minutes per individual. TESTIFY PRO/CON or NAME (please print) ADDRESS YES/NO NEUTRAL W-11e.6k al td. _0c I 2 V-e ms C 0A,1 V/ ekl P1 5 wcf--Jl K� ) S 1 01 CKSLe [LtAq CDN / A bMIAJ�� �I on J. "Hok(-V � 0 A awdczf cc,-\ 4, EAGLE CITY COUNCIL April 11, 2023 PUBLIC COMMENT 1 SIGN-UP Time is allotted on the agenda at the beginning and end of the council meeting. Time is limited to three (3) minutes per individual. EAGLE CITY COUNCIL MEETING April 11, 2023 PUBLIC HEARING: Item IOA SUBJECT: A-01-22/RZ-01-22/PP-04-22 - Annexation, Rezone, and Preliminary Plat for Reining Horse Subdivision - Mark T. Beckman TESTIFY PRO/CON NAME leaseprint) ADDRESS YES/NO NEUTRAL P L LtA ellk ?C� more on back EAGLE CITY COUNCIL MEETING April 11, 2023 PUBLIC HEARING: Item 10A SUBJECT: A-01-22/RZ-01-22/PP-04-22 - Annexation, Rezone, and Preliminary Plat for Reining Horse Subdivision -Mark T. Beckman TESTIFY PRO/CON NAME leaseprint) ADDRESS YES/NO NEUTRAL more on back EAGLE CITY COUNCIL MEETING April 11, 2023 PUBLIC HEARING: Item 10A SUBJECT: A-01-22/RZ-01-22/PP-04-22 - Annexation, Rezone, and Preliminary Plat for Reining Horse Subdivision -Mark T. Beckman TESTIFY PRO/CON NAME leaseprint) ADDRESS YES/NO NEUTRAL more on back CITY OF EAGLE P. O. BOX 1520 660 E.CIVIC LANE EAGLE, IDAHO 83616 0 PROPERTY OWNERS THIS IS AN OFFICIAL NOTICE OF PUBLIC HEARING REGARDING AN APPLICATION SUBMITTED BY: A Team Consultants SUBJECT/ LOCATION: A-08-22/RZ-10-22/CU-09-22/PPUD-06-22/PP-16-22 — Shetland Point Subdivision—A Team Land Consultants—Steve Arnold: Steve Arnold with A Team Land Consultants, is requesting an annexation, rezone from RI (Residential — Ada County designation) to R-3-DA-P (Residential with a development agreement — PUD), and preliminary plat approvals for Shetland Point Subdivision, a 15-lot (1 I-buildable, 4-common) residential planned unit development. The 5.37-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. A MAP SHOWING THE AREA UNDER CONSIDERATION IS INCLUDED HEREIN. THE EAGLE CITY ZONING ORDINANCE PROVIDES THAT ALL OWNERS OF PROPERTY WITHIN 1,500'OF THE BOUNDARIES OF THE APPLICANT'S PROPERTY BE NOTIFIED OF THE HEARINGS. You are invited to attend the public hearing and offer comments for consideration. If you are unable to attend and would like to watch the meeting remotely, please visit our Iivestream at https://www.ci!yofeap,le.orp-/305/City-Ap,eiidas-Videos. WRITTEN COMMENTS regarding this a ptication must be received by the City Clerk no later than 5:OOP.M. on Monday, Eagle City Hall, 660 E. Civic Lane, Eagle, Idaho 83616. Qualified individuals who nee accessible communication aids and services or other accommodations to participate in programs and activities are invited to make your needs and preferences know to the 504/ADA Coordinator(Eagle City Clerk),208-939-6813. Please allow three to five days advanced notice so that your needs may be adequately met. The Ada County Highway District may also conduct public meetings regarding this application. If you have questions about the traffic that this development may generate or the impact of that traffic on streets in the area, please contact the Ada County Highway District at 387-6170. In order to expedite your request,please have ready the file number indicated in this notice. ***EAGLE PLANNING AND ZONING COMMISSION HEARING DATE: February 21,2023 TIME:6:00 p.m. LOCATION: Eagle City Hall 660 E.Civic Lane Eagle, ID 83616 SINCERELY, A W� Michael Williams,CFM Planner III City of Eagle MAPS ENCLOSED Page I of 1 \\Eag1efs2\C=mon\P1anning Dept%agle AppliationsTrelimimy Development PlaRs\2022\Shetland Point Subdivision\Notice\Shetland Point Sub 1500 pit da CITY OF EAGLE P. O. BOX 1520 660 E.CIVIC LANE EAGLE,IDAHO 83616 LEGAL NOTICE TO PROPERTY OWNERS This notice provides an update to the February 3, 2023, Legal Notice to Property Owners. Please note the date for written comment has been modified. DATE: THIS IS AN OFFICIAL NOTICE OF PUBLIC HEARING REGARDING AN APPLICATION SUBMITTED BY: A Team Consultants SUBJECT/ LOCATION: A-08-22/RZ-10-22/CU-09-22/PPUD-06-22/PP-16-22 — Shetland Point Subdivision—A Team Land Consultants—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), and preliminary plat approvals for Shetland Point Subdivision, a 15-lot (11-buildable, 4-common) residential planned unit development. The 5.37-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. A MAP SHOWING THE AREA UNDER CONSIDERATION IS INCLUDED HEREIN. THE EAGLE CITY ZONING ORDINANCE PROVIDES THAT ALL OWNERS OF PROPERTY WITHIN 1,500'OF THE BOUNDARIES OF THE APPLICANT'S PROPERTY BE NOTIFIED OF THE HEARINGS. You are invited to attend the public hearing and offer comments for consideration. If you are unable to attend and would like to watch the meeting remotely, please visit our livestream at httys://www.cityofeap,le.org/305/Ciiy-Ap,endas-Videos. WRITTEN COMMENTS regarding this application must be received by the City Clerk no later than 5:00 Iloilo to Eagle City Hall, 660 E. Civic Lane, Eagle, Idaho 83616. Qualified individuals who need accessible communication aids and services or other accommodations to participate in programs and activities are invited to make your needs and preferences know to the 504/ADA Coordinator(Eagle City Clerk),208-939-6813. Please allow three to five days advanced notice so that your needs may be adequately met. The Ada County Highway District may also conduct public meetings regarding this application. If you have questions about the traffic that this development may generate or the impact of that traffic on streets in the area, please contact the Ada County Highway District at 387-6170. In order to expedite your request, please have ready the file number indicated in this notice. ***EAGLE PLANNING AND ZONING COMMISSION HEARING DATE: February 21,2023 TIME:6:00 p.m. LOCATION: Eagle City Hall 660 E.Civic Lane Eagle,ID 83616 SINCERELY, A W� Michael Williams,CFM Planner III Page 1 of 1 C:1Userskhubinger4.)c*lop\Shetland Point Sub 1500 pz update.doc CITY OF EAGLE P.O. BOX 1520 660 E. CIVIC LANE EAGLE,IDAHO 83616 LEGAL NOTICE TO PROPERTY OWNERS DAT THIS IS AN OFFICIAL NOTICE OF PUBLIC HEARING REGARDING AN APPLICATION SUBMITTED BY:A Team Consultants SUBJECT/ LOCATION: A-08-22iRZ-10-22/CU-09-22/PPUD-06-22/PP-16-22 — Shetland Point Subdivision—A Team Land Consultants—Steve Arnold: Steve Arnold with A Team Land Consultants, is requesting an annexation, rezone from RI (Residential — Ada County designation) to R-3-DA-P (Residential with a development agreement — PUD), and preliminary plat approvals for Shetland Point Subdivision, a 15-tot(11-buildable, 4-common) residential planned unit development. The 5.37-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. A MAP SHOWING THE AREA UNDER CONSIDERATION IS INCLUDED HEREIN. THE EAGLE CITY ZONING ORDINANCE PROVIDES THAT ALL OWNERS OF PROPERTY WITHIN 1,500'OF THE BOUNDARIES OF THE APPLICANT'S PROPERTY BE NOTIFIED OF THE HEARINGS. You are invited to attend the public hearing and offer comments for consideration. If you are unable to attend and would like to watch the meeting remotely, please visit our livestream at hitps://www.cityofea Ig e_org/305/City-Agendas-Videos. WRITTEN COMMENTS regarding this ap lication must be received by the City Clerk no later than 5:OOP.M. on Monday,iagle City Hall, 660 E. Civic Lane, Eagle, Idaho 83616. Qualified individuals who need accessible communication aids and services or other accommodations to participate in programs and activities are invited to make your needs and preferences know to the 504/ADA Coordinator(Eagle City Clerk),208-939-6813. Please allow three to five days advanced notice so that your needs may be adequately met. The Ada County Highway District may also conduct public meetings regarding this application. If you have questions about the traffic that this development may generate or the impact of that traffic on streets in the area, please contact the Ada County Highway District at 387-6170. In order to expedite your request,please have ready the file number indicated in this notice. ***EAGLE CITY COUNCIL HEARING DATE: April 11,2023 TIME:6:00 p.m. LOCATION: Eagle City Hall 660 E.Civic Lane Eagle,ID 83616 SINCERELY, A 014� Michael Williams,CFM Planner III City of Eagle MAPS ENCLOSED Page I of 1 \\Eag1eD2\CmmonlP4annittg Dept\FAee ApplicationsTrelitninary Development Plans\2022\Shetland Pant Subdivision\Notices\Shedand Point Sub 1500 cc.doc 1-8-3: ORDER AND RULES OF PUBLIC HEARINGS: A. Order Of Events: Public hearings shall follow the order of events set forth below: 1. Explanation of subject of hearing; 2. Presentation by applicant; 3. Testimony from audience in favor of and/or against proposal; 4. Questioning of involved parties by participants of the hearing; 5. Closure or oral testimony from applicant and audience; 6. Discussion of hearing subject among city council or commission members. Questions may also be directed to city staff during this period; 7. Conclusion of hearing process. B. Oral Testimony: 1. Time Limitations:The presiding officer may limit the time allotted to presentation of oral testimony at a public hearing.Any such allocation of time shall provide for a reasonable opportunity for proponents and opponents of an issue to be heard. 2. Standards For Oral Testimony: Oral testimony made at a public hearing shall comply with the following standards: a. Testimony should directly address the subject at hand. b. Testimony should not be repetitious with other entries into the record. c. Testimony should not be personally malicious. d. Testimony shall comply with any time restrictions established by the presiding officer. If oral testimony fails to comply with the aforementioned standards, the presiding officer may declare such testimony to be out of order and require it to cease. (Ord. 80,8-31-1982) C. Standards For Written Testimony:Written testimony submitted for inclusion in the record of any public hearing shall comply with the following standards: 2. Written testimony shall include the signature and address of the submitter. 3. Written testimony should address the issue at hand. 4. Written testimony should not be personally malicious. 5. The presiding officer shall require an oral acknowledgment of such written testimony having been submitted. 6. If written testimony fails to comply with the aforementioned standards, the presiding officer may declare such testimony inadmissible. (Ord.419, 3-26-2002) D. Rules By Presiding Officer:All rulings shall be decided by the presiding officer of any board conducting a public hearing with right of appeal to the council by any member present. E. Robert's Rules Of Order: Robert's rules of order shall govern the conduct of all public hearings in which the rules are applicable, and in which they are not inconsistent with the bylaws, special rules of order of the city council or of any board or commission or the laws of the state of Idaho. (Ord.80,8-31-1982) ORDINANCE NO. 419 ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING EAGLE CITY CODE, TITLE 1 "ADMINISTRATIVE", CHAPTER 8 "CONDUCT OF PUBLIC HEARINGS", SECTION 3 "ORDER AND RULES OF PUBLIC HEARINGS", AND TITLE 2 "BOARDS AND COMMISSIONS", CHAPTER 2 "DESIGN REVIEW BOARD", SECTION 1 "BOARD CREATED MEMBERSHIP, QUALIFICATIONS"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under the laws of the State of Idaho; and WHEREAS, The City of Eagle proposes to amend Title 1, Chapter 8, Section 3 to change the standards for written testimony requiring that all written testimony be submitted to the City no less than one week prior to the public hearing so as to provide adequate time for review of said materials. WHEREAS, The City of Eagle proposes to amend Title 2, Chapter 2, Section 1 to change the total number of members of the Design Review Board from 5 (five) to 7 (seven). NOW,THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO, as follows: Section l: That Title 1, Chapter 8, Section 3 of the Eagle City Code be, and the same is hereby amended with strike-thru text to be deleted and underline text to be added as follows: 1-8-3: C. Standards for Written Testimony: Written testimony submitted for inclusion in the record of any public hearing shall comply with the following standards: the day on which the public hearing is scheduled. 2. Written testimony shall include the signature and address of the submittor. 3. Written testimony should address the issue at hand. 4. Written testimony should not be personally malicious. 5. The presiding officer shall require an oral reading acknowledgement of such written testimony having been submitted. Page 1 of 2 K:COUNCILOmft orduu=Ord 419 Atrc Aig Title I wtd 2Ad x 6. If written testimony fails to comply with the aforementioned standards, the presiding officer may declare such testimony inadmissible. Section 2: That Title 2,Chapter 2, Section 1 of the Eagle City Code be,and the same is hereby amended with strike-thru text to be deleted and underline text to be added as follows: 2-2-1: BOARD CREATED MEMBERSHIP, QUALIFICATIONS: The Design Review Board shall function on behalf of the Planning and Zoning Commission and City Council. The Board shall be composed of seven 7 €iye-(5)members, and one (1)non-voting member which shall be from the City Council. Members shall be appointed by the Mayor and confirmed by the City Council. Members of the Board shall be appointed with proper representation from such fields as architecture, landscape architecture, business, engineering, and a citizen-at-large. The Zoning Administrator, upon consent of the City Clerk, may seek assistance from other such employees of the city as is necessary to fulfill the duties of the Design Review Board. Section 3: The provisions of this ordinance are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this ordinance. Section 4: This ordinance shall take effect and be in force from and after its passage, approval,and publication as required by law. In lieu of publication of the entire ordinance,a summary thereof in compliance with Section 50-901A,Idaho Code, may be published. DATED thisa day of March 2002. CITY COUNCIL OF THE CITY OF EAGLE Ada Co ,Id o Rick Yzaguirreqlajor i�+Jy____� G ATTEST: all Sharon K. Moore,Eagle City Cle ��i.'._ •""'fie. Page 2 of 2 KICOUNCILOnd Ordkonact Ord 419 AiroaJul Tek 1 nd Idoc LAPR GLE The Idaho oozstatesman P.O. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISING PROOF OF PUBLICATION account a >Z7]st identification 9moLnt 116026 635178 ORDINANCE419 $143.00 arrr3rl don• P.O.N ]3yp-per JEFF LOWE APRIL 6, 2002 CITY OF EAGLE Number of Lines 310 E STATE ST. 70 X 2 EAGLE, ID 83616 eudavt Leon]# 1 13109 LEGAL NOTICE JANICE HILDRETH,being duly swom,deposes and says:That ORDNANCE 419 she is the Principal Clerk of The Idaho Statesman, a daily ORDiti41 CE OF THE CITY OF EAGLE,ADA COUNTY IDAHO,AMENDING EAGLE CITY CODE TITLE A°ADMtNISTRAT11fE",CHAPTER 8`CONDUCT OF PUBUC HEAR- newspaper printed and published at Boise, Ada County, State NW SELtTION 3 "ORDER AND RULES OF PUBIIC HEARING' AND TITLE 2 of Idaho, and having Halal circulation therein, and which 'BOA# IS AND Cr3MNpSSIONS" CHAPTER 2"DE$IGN RE1ftE1M BOARD',SECTION 1 g a general CREAM MEMBERSfO, QUAUFICAiIOW; AND PROVIDfHG AN EFFEC said newspaper has been continuously and uninterruptedly TIVE DATE published in said County during a period of twelve consecutive WHEREAS, the City of Eagle. Idaho is municipal corporation organized and operating months nor to the first publication of the notice, a co of der the laws of the State OF Idaho;and P P PY WHEREAS,The City of Eagle proposes to amend Title 1,Chapter 8,Section 3 to chapga which is attached hereto: that said notice was ublished in the standards for watt to non requrnn�that all written testimony be submitted to the P City no less than case week prior�Io the pubic hearing so as to provide adequate time for The Idaho Statesman, in conformity with Section 60-108, review of said materials. WHEREAS,The City of Eagle,proposes to amend Tide 2,Chapter 2,Section 1 to change Idaho Code,as amended,for. ft total number of members of fie esign Review Board from 5(five)to 7(seven). Ow NOW THEREFORE, BE IT ORDANED 8Y THE MAYOR AND COUNCIL OF THE CJ Y OF EAGLE,IDAHO,as follows: Section 1: That Title 1.Chapter 8,Section 3 of The Eagle City Code be,and the same is hereby amended to strikeAhru text to be deleted and undertine consecutive weekly x single text to be added as follows: C.Standards for written Testimony:Written tes6many submitted for consecutive daily odd Skip inclusion in the record of any public hearing shall comp,, with the fo{�ring standards: insertion(s) 1.Written testimony must be submitted W the Clerk no less than scheicara duled. 2002 ' �o beginning issue of: APRIL 6 2002 2.Written testimony shall incasde the signature and address of the sutr mMor, endingIssue of: APRIL 6 2002 3.Written testimony should address the issue at hand. 4.Writtw testimon should not be personally malicious. 5.The presiding of cef shall require an oral*oa&g acknowledeemetst of such written testimony if written testano.r faits to comp t t e aforementioned stan- dards the presks}ng ollfcer may dec=are such testimo inadmissibM. same isis her'by amended Mth sf Section riketthru texxt ttgleo b Cdeeleted and and STATE OF IDAHO ) text to be added as fotfows: sS 2-2-1: BOARD CREATED MEMBERSHIP,QUAUFICATiDNS:The Design Review ) Board shall function on behalf of the Planning and Zorn Commission and COUNTY OF ADA City Council.The Board shall be composed of seven 7 }members On this 8 day of APRIL in the year of 2002 and one(1)non-voting member which shall be rom a City Council Mery Y Y hers shall be appointed by the Mayor and Confirmed by the City Council. before me, a Notary Public, personally appeared before me Members of the Board shall be appointed wit proper representation from such fields as architecture landscape architecture,business,en8ineertng Janice Hildreth known or identified to me to be the person and a citizenat-Iarge.The honing Administrator,upon consent of tfie Citye name subscribed to the within instrument, and being Cie ri,may seek assistance from other such emptm ees of the city as is g necessary to ft,tfrll the duties of the Design Review�oard. by me first duly swom, declared that the statements therein Sectfao 3: The provisions of this ordinance are hereby declared to be severable and if any provision of this act or the application of such provision to any per- are true, and acknowledged to me that she executed the same. son or circumstance is declared invalid for any reason,such declaration shall not affect the vafrdify of remaining portions of this ordinance. prsiirrrrr Ste; This ordinance shall take effect and be in force from and after its pas- �, tat sage,approval and publication as required by law.In lieu of publication of D ♦♦. the entire ordinance,a summary thefeof in compliance with Section 50 r 0♦ 901A,Idaho Code,may be published. Notary Public for Idaho '+.'P�••, CCITted YY COUNCIL 0�THE CITY 2002. FEAGLE Residing at: Emmett, Idah � � N a 1� Ada County,Idaho Rick Yzaguirre,Mayor My Commission expires: ATTEST:Sharon,2.Moore,Eagle City Clerk .i o �, Pub.Apr.6,2002 131()9 :�,3 4• C rr�rrFt♦ 11O 400'b�✓1i , 9' -TZA06 March 30, 2023 R ECEIVE c;1 ILFD ITY OF EAGLE P 0 3 Zoz Eagle City Council, File: ! i Ronde to: — Re: 1025 North Park Lane Proposed Development '---`-- My Name is June Swanson. I have lived at 1010 North Park Lane for almost 30 years, across the street from this proposed development. I have so many objections to this development; I hardly know where to start. Traffic: As you can see,this development is almost across the street from Eagle High School. Traffic on this part of Park Lane is already heavy. Beside the school traffic it's a major road for cars and trucks from the north, and those coming from either side of Floating Feather to get to State Street. Adding 11 more houses and the cars and delivery trucks that they would bring would make it a nightmare just trying to get in and out of our driveway.There are several other developments on this stretch of North Park Lane that you've already approved but haven't been built on yet. The road won't be able to handle the traffic all these new developments will create. It would make getting in and out of our driveway almost impossible. The Creek: The plan calls for putting our year round creek through a pipe. My property goes down to the middle of this creek and we enjoy watching the wildlife it brings...ducks, quail and water fowl, river otters, deer,foxes, etc. A pipe would restrict their activity and probably cause them to move elsewhere. Water: I am concerned how the irrigation water will be provided to each house. We have water rights with Dry Creek and have irrigated our agricultural land and pastures for years, but this is already becoming difficult with the number of new developments using the irrigation water. Before approving this application, definite rules for water usage must be agreed on...be it a holding pond, a definite allocation, a schedule, etc. General Objections: The final plan they submitted to you is no way near the one they gave us at our neighborhood meeting. Jamming all the houses in a straight row across the hill would be simply an eyesore and a detriment to the area. The lots are so small, especially compared to the surrounding homes. It would no doubt devalue all the surrounding properties. I sincerely urge you to deny this application. June Swanson 1010 North Park Lane