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Agenda - 2023 - City Council - 07/25/2023 - Regular THE CITY OF EAGLE CITY COUNCIL AGENDA Eagle City Hall, 660 E. Civic Lane, Idaho July 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 June 2023 and for the Quarter Ending June 30,2023 06-30-23 Monthly Financial Statements 06-30-23 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. CONSENT AGENDA: ALL CONSENT AGENDA ITEMS ARE CONSIDERED ACTION ITEMS. 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. Agreement to Transfer Personal Property Between the Ci , of Eagle and Ada County Highway District: Agreement to Transfer Personal Property between the City of Eagle and Ada County Highway District for the transfer of a 2011 Ford F250 Cab 4x2 in an amount not to exceed$3,000. (ELZ) C. Appointment to the Parks.Pathways,and Recreation Commission: In accordance with Resolution 23-17,Mayor Pierce is requesting Council Confirmation of the appointment of William Morrison to the Parks,Pathways, and Recreation Commission. Mr. Morrison will be serving a three (3)year term that will expire in July 2026. (JWP) D. Appointment to the Parks.Pathways,and Recreation Commission: In accordance with Resolution 23-17,Mayor Pierce is requesting Council Confirmation of the appointment of Layne Lewis to the Parks,Pathways, and Recreation Commission. Ms. Lewis will be serving a three (3)year term that will expire in July 2026. (JWP) E. DR-127-04 MOD2—Modification to a Multi-Tenant Office/Restaurant Building and Site, Including the Addition of a Cover for the Patio—BB One,LC: BB One, LC,represented by John Day with Slichter/Ugrin Architecture,is requesting design review approval to modify a multi-tenant office(business and professional)/restaurant building to include a cover over a portion of the existing patio and to modify the entrance to the restaurant. The 2.166-acre site is located on the southwest corner of South Rivershore Lane and South Eagle Road at 775 South Rivershore Lane(Lot 1,Block 1, Channel Center Subdivision). (BAW) Enclosed Patio Design Review Action F. Development Agreement for RZ-11-19/RZ-06-04 MOD4-Route 44 Crossing Planned Unit Development-Jay Walker: Council authorization for Mayor to execute the development agreement associated with the annexation,rezone from R1 and C2(Estate Residential and Community Commercial —Ada County designations)to C-1-DA-P (Neighborhood Business District with a development agreement—PUD), development agreement modification. The 15.68-acre site is located at the northeast corner of State Highway 44 and North Linder Road at 410 North Linder Road and 4400 West State Street. (MJW) Route 44 Crossing Development Agreement Report G. Commercial Pest Control Service Agreement Between the Ci , of Eagle and Orkin: Commercial Pest Control Services Agreement between the City of Eagle and Orlin to provide pest control services on City of Eagle properties. (ELZ) H. Easement Agreement associated with Planning Unit Master Plan No. 1 of the Valnova Development-GWC Capital,LLC: Staff is requesting approval of an easement agreement associated with the Planning Unit Master Plan No. 1 of the Valnova(formerly known as the Spring Valley) Development. The easement agreement is for the installation, maintenance,repair,replacement,use, and operation of an underground water line or water lines associated with the City of Eagle Municipal Water System. (DLM) Valnova-PUMP No.l-Water Easement Agreement I. Agreement Between the Ci , of Eagle and Bibliotheca: A User Agreement between the City of Eagle and Bibliotheca for library circulation equipment in an amount not to exceed$13,300.44 annually. (SJB) J. Service Order Between the Cijy of Eagle and Dow Jones & Company,Inc.: A Service Order between the City of Eagle and Dow Jones& Company,Inc. for the Wall Street Journal subscription for Public Libraries in an amount not to exceed$2,100 annually. (SJB) K. Resolution 23-19 Eagle Pathway and Trail Design and Construction Standards: A Resolution of the City Council of the City of Eagle, Idaho repealing the existing trail and pathway design and construction standards and adopting new pathway and trail design and construction standards and providing an effective date. (WEV) Eagle Pathway and Trail Design Construction Standards Resolution 23-19 9. UNFINISHED BUSINESS: NONE 10. PUBLIC HEARINGS: ALL PUBLIC HEARING ITEMS ARE CONSIDERED ACTION ITEMS. 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-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) *This item was continued from the July 11, 2023, City Council Meeting. The public hearing for this item remains open to provide testimony regarding the proposed house elevations within the development. A-08-22/RZ-10-22/CU-09-22/PPUD-06-22/PP-16-22 Shetland Point Subdivision Report B. A-11-22/RZ-13-22—Annexation and Rezone for Old Valley Road Retail Flex Park—West Old Valley LLC: West Old Valley, LLC,represented by Nicolette Womack with Kimley-Horn,is requesting an annexation with rezone from RUT (Rural-Urban Transition—Ada County designation)to MU-DA(Mixed Use with a development agreement in lieu of a conditional use permit) for a retail and flex space mixed use development. The 7.97-acre site is located at the northeast corner of West Old Valley Road and North Linder Road at 4526 and 4648 West Old Valley Road. (MJW) A-11-22/RZ-13-22 Old Valley Road Flex Park Report C. RZ-02-20 MOD—Linder Senior Apartments—Intermountain Pacific,LLC/dba Elton Development: Intermountain Pacific,LLC/dba Elton Development,represented by Hethe Clark,is requesting a development agreement modification(development agreement in lieu of a conditional use permit), for a 130+/-unit senior living facility and 18+/- senior cottage units. The 10.44-acres site is located on the east side of North Linder Road approximately 90-feet south of the intersection of West Temple Drive and North Linder Road at 6910 and 6940 North Linder Road. (MJW) RZ-02-20 MOD2 Linder Senior Living Report 11. NEW BUSINESS: A. ACTIONITEM.• Development Agreement for RZ-06-22—Avimor Planned Development—Avimor Development, Spring Valley Livestock,First American Title.and R. Pfannmuller& Son.LLC: Council authorization for Mayor to execute the development agreement for this application to 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 APD-DA(Avimor Planned Development with a Development Agreement). (DLM) Avimor-Development Agreement B. ACTION ITEM- Ordinance 895A: An amendment to Ordinance 895 (Zoning Ordinance Amendment for the Creation of Title 11B)—01y of Eagle: An amendment of the City of Eagle,Ada County Idaho, modifying the previously adopted and published Ordinance 895 to incorporate Ordinance 879 and Resolution 23-19 within Subchapter 11D"REQUIRED SUBDIVISION IMPROVEMENTS" and providing an effective date. (DLM) Ordinance 895A-Avimor Zoning Ordinance C. ACTION ITEM- Ordinance 902—Annexation and Rezone Ordinance-Avimor Planned Development: An ordinance annexing certain real property situated in the unincorporated areas of Ada County,Idaho, Gem County, Idaho, and Boise 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 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 APD-DA(Avimor Planned Development 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. The 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. (DLM) Ordinance 902 -Avimor Planned Development-Development Agreement D. ACTION ITEM- Ordinance 903 -Annexation and Rezone Ordinance-Avimor Village 1: An ordinance annexing certain real property situated in the unincorporated areas 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 PC (Planned Community—Ada County designation) to APD (Avimor Planned Development) for portions of Avimor Subdivision No.1,Avimor Subdivision Nos. 4-11, and Avimor Townhomes North Subdivision; amending the zoning map of the City of Eagle 10 reflect said that copies of this ordinance be filed as provided bvlaw; providing aecvc/obUitv clause; and providingau effective date. The site ie located mu the east side of Highway 55, approximately 3 miles north of Dry Creek Road io Ada County. (DLM) Ordinance 903-Aviouor Village No. I-Annexation and Rezone B. AC7ION/7EM: Resolution 23-22-Avimor Communi1y Infrastructure District(CID)Joint Resolution: A joint resolution of the Board of County Commissioners of Ada County, Idaho and the City Council of the City of Eagle, Idaho acknowledging municipal aoocxo1i000fLhcorcawiLhioLhc boundaries of the Avimor Community Infrastructure District No. I (Ada County) into the City of Eagle; adjusting membership of the district board in accordance with the community io[iaebnckoc district act; providing for the transfer of district records; assigning and assuming all rights, interests, duties and obligations with respect to the district; and providing an effective date. (DLM) Resolution 23-22-Avimor Community Infrastructure District Joint Resolution F. AC7ION/7EM: Appointment to the Avimor Communi1y Infrastructure District(CID)Board: Mayor Pierce is seeking Council confirmation of the appointment of Charlie Baun, Melissa (]iodlcepc/gcc and Helen Russell 10 the Ao/icno/CID Board. Their terms shall run concurrent to the 1uzne they were elected to City Council. (JWP) 12. This time ie 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 i1czne. 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. 74-206(1)An executive session at which members of the public are excluded may bc held,but only for the purposes and only io the manner set forth in this section. The motion 10 go into executive session shall identify the specific subsections of this section that authorize the executive eceeiou There shall be a roll call vote on the motion and the vote shall be recorded in the minutes. An executive session shall bc authorized bva two-thirds(2/3)vote of the governing body. Ao executive session may bc 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. AC7ION/7EM: Action regarding pending/threatened litigation. 14. The City will make reasonable accommodations for anyone attending this meeting who require special assistance oxuoming.phy,ivalmvtherimnvirmont,. Please contact the City Clerk's Office at(208)939-6813 at least 24 hours in advance of the meeting date and time.