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Agenda - 2023 - City Council - 08/22/2023 - Regular THE CITY OF EAGLE CITY COUNCIL AGENDA Eagle City Hall, 660 E. Civic Lane, Idaho August 22, 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. REPORTS: A. Mayor and Council B. Department Supervisor: 1. City Treasurer, Financial Reports for July 2023. July Monthly Financial Statements C. Eagle Police Department D. City Attorney 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. 7. 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. Elevate Our Everyday Heroes Proclamation: A proclamation for the City of Eagle declaring September 11,2023 as Elevate Our Everyday Heroes day in the City of Eagle, Idaho. (JWP) Proclamation-Elevate our Everyday Heroes 2023 C. Master Pathway License Agreement Between Ada County Drainage District No.2 and the City of Eagle: Master Pathway License Agreement between the Ada County Drainage District No. 2(aka Drainage District No. 4) and the City of Eagle to permit the construction and maintenance of pathways, landscaping, and/or related improvements within the ditch easement or right-or-way and to make said pathway available to the public. (STN) D. Development Agreement Associated with A-12-22/RZ-14-22 -Challenger Development.Inc. : Council authorization for Mayor to execute the development agreement associated with the annexation and rezone from RUT (Rural-Urban Transition—Ada County designation)to MU-DA(Mixed Use with a development agreement[in lieu of a PUD]) and R-6-DA(Residential with a development agreement [in lieu of a PUD]). The 138.99-acre site is located on the west side of North Palmer Lane approximately 80feet south of the intersection of West Nordic Drive and North Palmer Lane at 755 and 833 North Palmer Lane. (DLM) E. Water Feasibility Reimbursement Agreement Between the Ci , of Eagle and Element Design Build LLC: Element Design Build LLC,represented by Paul Bykowski, is requesting City Council approval of a reimbursement agreement for costs associated with City engineering, city staff, and outside consulting services for a water feasibility study for the 959-acre property located within the Eagle foothills generally located northwest of the intersection of State Highway 55 and Brookside Lane. (KRA) F. Findings of Fact and Conclusions of Law for the Approval of 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 Findings G. Findings of Fact and Conclusions of Law for the Approval of RZ-01-23 &PP-01-23 -Capella Estates Subdivision-Laren Bailey: Laren Bailey is requesting a rezone from A(Agricultural) to R-3- DA(Residential with a development agreement[in lieu of a PUD]) and preliminary plat approvals for Capella Estates Subdivision, a 122-lot(108-buildable, 13-common 1-common drive)residential subdivision. 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 Findings H. FP-03-23 -Final Plat for Valnova Subdivision No. 1 -Valnova,LLC : GWC Capital,LLC, is requesting final plat approval for Valnova Subdivision No. 1, a 196-lot(188-buildable, 8-common), residential subdivision. The 61.65-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). (MJR) Valnova Subdivision No. 1 Staff Report L Facilities and Capital Improvement Grant through the Idaho Commission for Libraries: The Eagle Public Library Board is requesting Council approval to accept the Facilities and Capital Improvement Grant awarded by the Idaho Commission for Libraries in the amount of$15,000.00. (SJB) Award-Notice-FACI-24-06 Memo Facilities and Capital Improvement Grant 8. UNFINISHED BUSINESS: A. ACTIONITEM.• Report on the Status of the Auction of the Home and Barn Located on 8285 East Equest Lane and Discussion with Potential Action on Disposition of Home and Barn. (JWP/TEO) 9. 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. PP-11-22 -Preliminary Plat for Valnova Lots 32-35 Subdivision-GWC Capital,LL C: GWC Capital,LLC,represented by Landon Northey,is requesting preliminary plat approval for Valnova Lots 32-35 Subdivision(Lots 32, 33, 34, and 35 of Spring Valley Subdivision No. 1), a 78-lot(72-residential, 6-common, [1-public infrastructure]) subdivision. The 56.51-acre site is generally located 3.0-miles northeast of the intersection of State Highway 16 at Equest Lane. (DLM) Valnova Lots 32-35 Subdivision B. Development Agreement Modification Associated with RZ-15-21 - Amberly Ranch Subdivision- Travis Perry: Council authorization for Mayor to execute the 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) Amberly Ranch Development Agreement Modification 10. NEW BUSINESS: A. ACTION ITEM: Consent and Approval of Expansion of Community Infrastructure District by the Cie of Eagle in Favor and for the Benefit of Avimor Development,LLC. (VV) 11. 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. 12. 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. 13. 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.