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Agenda - 2023 - City Council - 08/08/2023 - Regular THE CITY OF EAGLE CITY COUNCIL AGENDA Eagle City Hall, 660 E. Civic Lane, Idaho August 8, 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. Certificate of Appreciation to the Eagle Scouts for their courage and selfless act to rescue one in need. 6. REPORTS: A. Mayor and Council: B. Department Supervisor: 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 ACTIONITEMS. 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 July 11,2023. (TEO) C. Minutes of July 13,2023. (TEO) D. Minutes of July 25,2023. (TEO) E. Minutes of July 31,2023. (TEO) F. DR-31-23—One Subdivision Entry Monument Sign for Molinari Park Subdivision—GWC Capital: GWC Capital,represented by Landon Northey, is requesting design review approval for one subdivision entry monument sign for Molinari Park Subdivision. The 23.06-acre site is located on the south side of East Plaza Drive approximately 300-feet east of the intersection of South 2nd Street and East Plaza Drive. (ERF) Molinari Park Subdivision Sign Design Review Action G. DR-32-23—Three Halo Illuminated Building Wall Signs and One Monument Sign for Premier Storage—Eagle Highway Storage dba Premier Storage: Eagle Highway Storage dba Premier Storage,represented by Terry Brown with Lytle Signs, is requesting design review approval for three halo illuminated building wall signs and one monument sign for Premier Storage. The 6.41-acre site is located on the south side of West State Street approximately 560-feet west of the intersection of South Payette Way and West State Street at 1653 West State Street. (ERF) Premier Storage Signage Design Review Action H. DR-33-23—Multi-tenant Office Building in Lakemoor Subdivision No. 8—DRB Investments: DRB Investments,represented by James Marsh with CSHQA, is requesting design review approval to construct a new two (2) story, 15,500-square foot office (medical/dental and business/professional) building. The 2.329-acre site is located on the southeast corner of East Eagles Gate Drive and North Eagle Road at 79 East Eagles Gate Drive(Lot 1,Block 10,Lakemoor Subdivision No. 8). (BAW) Eagles Gate View Multi-tenant Building Design Review Action L DR-34-23—Master Sign Plan for a Multi-tenant Office Building within Lakemoor Subdivision No. 8—DRB Investments: DRB Investments,represented by James Marsh with CSHQA, is requesting design review approval for a master sign plan for a multi-tenant office(medical/dental and business/professional)building. The 2.329-acre site is located on the southeast corner of East Eagles Gate Drive and North Eagle Road at 79 East Eagles Gate Drive (Lot 1,Block 10,Lakemoor Subdivision No. 8). (BAW) Eagles Gate Multi-tenant Building Master Sign Plan Design Review Action J. Findings of Fact and Conclusions of Law for the Approval of 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) A-08-22/RZ-10-22/CU-09-22/PPUD-06-22/PP-16-22 Shetland Point Subdivision Findings of Fact K. Findings of Fact and Conclusions of Law for the Approval of 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 Flex Annexation Rezone Findings of Fact L. Findings of Fact and Conclusions of Law for the Approval of 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,Willow Run Findings of Fact M. Authorization to Utilize ARPA Funds for Payroll Software Enhancement: Staff is seeking approval for the use of ARPA funds in an amount not to exceed$2,000 to purchase the miExcel add-on to our Employee Payroll module. (KR) N. Independent Contract Instructor Agreement Between the Ci , of Eagle and Kristina Schmid: An Independent Contract Instructor Agreement Between the City of Eagle and Kristina Schmid to provide instruction for planning wilderness recreation activities such as camping,backpacking, survival and safety. Compensation shall be at a rate of 70% of the total revenue generated by registration fees. (HAY) O. Service Maintenance Agreement Between the Ci , of Eagle and DataWorks Plus: Staff is requesting Council to authorize the Mayor to execute the maintenance agreement between the City and DataWorks plus. The term of the agreement is 12-months and shall not exceed$780.00. (DNG) 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. Fiscal Year 2023-2024 Budget Hearing: An Ordinance for Fiscal Year 2024 commencing on October 1,2023, and ending September 30, 2024, appropriating sums of money to defray all necessary expenses and liabilities of the City of Eagle for said Fiscal Year. (KR) 10 A.1. Ordinance No.906: An Ordinance entitled the Annual Appropriation Ordinance for the City of Eagle, Idaho, for the Fiscal Year 2024 commencing October 1, 2023, and ending September 30,2024. (KR) FY 2024 Public Hearing Notice,Notes, Cover Letters,Tentative Budget approved 7-13-23 FY 23-24 Annual Appropriations Ordinance No. 906 B. A Public Hearing to Consider the City of Eagle's Intent to Recover One Percent 11%) of the City s Forgone Property Tax Balance. (KR) 10 B.1. Resolution No. 23-25—Declaration of the Intent to Recover One Percent 11%) of the City s Forgone Property Tax Balance: A resolution of the City of Eagle declaring the intent to recover one percent(1%) of the City's Forgone Property Tax balance, $47,258. (KR) FY 2024 Resolution No. 23-25 to Recover Forgone C. PP-24-22—Terra View Commercial Subdivision—Terra View.LLC : Terra View,LLC,represented by David Sterling,P.E.,with Ardurra, is requesting preliminary plat approval for Terra View Commercial Subdivision, a 63-lot(62-commercial, 1-multi-family)mixed use subdivision. The 58.6- acre site is located at the northeast corner of State Highway 16 and West Beacon Light Road. (MJW) Terra View Commercial Subdivision City Council Packet D. RZ-01-23 &PP-01-23—Capella Estates Subdivision—Laren Bailey : Laren Bailey is requesting a rezone from A(Agricultural)to R-3-DA-P (Residential with a development agreement—PUD), conditional use permit,preliminary development plan, and preliminary plat approvals for Capella Estates Subdivision, a 122-lot(108-buildable, 13-common 1-common drive)residential planned unit development. The 54.24-acre site is located on the north side of West State Street across from the intersection of North Riverview Street and West State Street. (MJW) Capella Estates Subdivision City Council Packet E. Development Agreement for RZ-15-21—Modification Associated with Amberly Ranch Subdivision—Travis Perry: Travis Perry,represented by Rick Perez, is requesting a modification to the rezone development agreement associated with Amberly Ranch Subdivision. The request is to modify the required width of the sidewalk located along West Beacon Light Road identified in the previously approved Condition of Development#3.9. The 11.8-acre site is located on the southwest corner of West Beacon Light Road and N. Ballantyne Lane. (MJW) RZ-15-21 MOD Amberly Ranch Development Agreement 11. NEW BUSINESS: A. ACTION ITEM. Ordinance 901 -Amending Mayor and Council Salaries Effective January1,2024: An Ordinance of the City Of Eagle, Idaho,Amending Section 1-5-3,Eagle City Code,To Provide For Annual Salaries For The Mayor And Council,And Providing An Effective Date. (TEO) Ordinance No. 901 -Amending Mayor and Council Salaries Effective 01-01-2024 B. ACTION ITEM: Ordinance 905—Annexation and Rezone from RR(Rural Residential-Ada Coun1y Designation)to PS (Public/Semipublic)—8600 West Equest Lane: An ordinance of the City of Eagle 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 RR(Rural Residential)to PS (Public/Semipublic); 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; and providing and effective date. The 10.01-acre site is located at the northeast intersection of West Equest Lane and State Highway 16 at 8600 West Equest Lane. (MJR) Ordinance 905 -Annexation and Rezone from RR(Rural Residential-Ada County Resignation)to PS (Public/Semipublic) - 8600 West Equest Lane C. ACTIONITEM: Eagle Shooting Sports Park: TRS to present plans for Phases 1 &2(archery) for the Eagle Shooting Sports Park. Request to approve phased notice to proceed. (NBS) Shooting Sports Park 1 &2 Memo Milestone and Timeline Project Scope Capital Projects 24-28 Shooting Sports Park 2023 Site Plan Overview Phase 1 & 2-Archery Plans Map of Public Comment 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.