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Agenda - 2023 - City Council - 09/12/2023 - Regular - Amended • THE CITY OF EAGLE CITY COUNCIL AMENDED AGENDA • Eagle City Hall, 660 E. Civic Lane, Idaho September 12, 2023 5:30 PM *Indicates Added Item 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. A Representative from ACHD will Provide an Update Regarding Road Closures within Eagle. 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 August 8,2023. (TEO) C. Minutes of August 22,2023. (TEO) D. Prostate Cancer Awareness Month Proclamation: A proclamation for the City of Eagle declaring September 2023 as Prostate Cancer Awareness Month in the City of Eagle, Idaho. (JWP) Proclamation-Prostate Cancer Awareness Month September 2023 Prostate Cancer Awareness-Did you know 2023 E. Constitution Week Proclamation: A proclamation for the City of Eagle declaring September 17-23 as Constitution Week in The City of Eagle, Idaho. (JWP) Proclamation- Constitution Week 2023 F. Independent Contract Agreement Between the Ci , of Eagle and Committed Caseworks and Events,LLC: An Independent Contract Agreement between the City of Eagle and Committed Caseworks and Events, LLC to perform audio services at Eagle Country Christmas. Compensation shall be at a rate of$900.00 for specified event. (JDH) G. Independent Contract Instructor Agreement Between the Ci1y of Eagle and Jenn Banta: An Independent Contract Instructor Agreement Between the City of Eagle and Jenn Banta to provide instruction on do-it-yourself paint projects for adults and youth. Compensation shall be at a rate of 70% of the total revenue generated by registration fees. (HAY) H. Live Performance Agreement Between the City of Eagle and Elizabeth Findley A Live Performance Agreement between the City of Eagle and Elizabeth Findley to perform at Eagle Country Christmas. Compensation shall be at a rate of$250.00 for the performance. (JDH) L Live Performance Agreement Between the Ci , of Eagle and Easy Pickin's: A Live Performance Agreement Between the City of Eagle and Easy Pickin's to perform at Eagle Country Christmas. Compensation shall be at a rate of$250.00 for the performance. (JDH) J. Live Performance Agreement Between the Ci1y of Eagle and Red Light Challenge: A Live Performance Agreement between the City of Eagle and Red Light Challenge to perform at Eagle Country Christmas. Compensation shall be at a rate of$750.00 for the performance. (JDH) K. FPUD-03-23 & FP-03-23 -Final Development Plan and Final Plat for Beaconwood Subdivision No. 1 -Trilogy Development: Trilogy Development,represented by Matt Price from J-U-B Engineers, is requesting final development plan and final plat approvals for Beaconwood Subdivision No. 1, a 77- lot(72-buildable, 5-common),residential subdivision. The 37.34-acre site is located on the southeast corner of West Beacon Light Road and North Lanewood Road. (MJR) Beaconwood Subdivision No. 1 Final Development Planned Staff Report L. Animal Welfare and Enforcement Agreement Between the Ci , of Eagle and The Idaho Humane Socie : An Animal Welfare and Enforcement Agreement between the City of Eagle and The Idaho Humane Society to provide animal control services in an amount not to exceed$171,710. (TEO) M. Prosecution Services Agreement-Gem County: An agreement between the City of Eagle and the Gem County Prosecuting Attorney for prosecution services in those portions of the City of Eagle located in Gem County. The agreement will not exceed$250.00 per month and will be in effect through September 30,2024. (VV) N. Prosecution Services Agreement-Boise County: An agreement between the City of Eagle and the Gem County Prosecuting Attorney for prosecution services in those portions of the City of Eagle located within Boise County. The agreement will not exceed$750.00 per month and will be in effect through September 30,2024. (VV) O. Findings of Fact and Conclusions of Law for the Approval of PP-11-22 -Preliminary Plat for Valnova Lots 32-35 Subdivision-GWC Capital,LLC: 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-Findings of Fact P. Findings of Fact and Conclusions of Law for the Approval of the Development Agreement Modification Associated with RZ-15-21 - Amberly Ranch Subdivision- Travis Perry Travis Perry is requesting a modification to the rezone development agreement associated with Amberly Ranch Subdivision. The request is to reduce the required width of the sidewalk located along West Beacon Light Road from 10-feet to 5-feet. The 11.8-acre site is located on the southwest corner of West Beacon Light Road and N. Ballantyne Lane.(MJW) Findings of Fact MOD Amberly Ranch Q. DR-35-23—Common Area Landscaping and Amenities within Centerra Subdivision—Gemshore Eagle RE,LLC: Gemshore Eagle RE,LLC,represented by Stephanie Hopkins with KM Engineering, LLP,is requesting design review approval of the common area landscaping and amenities within Centerra Subdivision. The 34.57-acre site is located on the south side of West Floating Feather Road approximately 500-feet west of the intersection of North Cove Colony Way and West Floating Feather Road. (BAW) Centerra Subdivision Landscape Design Review Action R. DR-36-23—Subdivision Entry Monument Sign for Centerra Subdivision—Gemshore Eagle RE,LLC: Gemshore Eagle RE,LLC,represented by Jim Nemeth with Idaho Electric Signs, is requesting design review approval for one subdivision entry monument sign for Centerra Subdivision. The 34.57-acre site is located on the south side of West Floating Feather Road approximately 500-feet west of the intersection of North Cove Colony Way and West Floating Feather Road. (BAW) Centerra Monument Sign Design Review Action S. Sponsorship Agreement Between GWC Capital LLC and the Ci , of Eagle: GWC Capital LLC wish to donate monies to the City of Eagle with the preference of funds to be utilized at the library facility,however recognizes that the City has final authority to distribute funds where they may best serve the citizens of Eagle. (TEO) T. Appointment to the Historical Preservation Commission: In accordance with Resolution 23-17, Mayor Pierce is requesting Council Confirmation of the appointment of Nichole Starman to the Historical Preservation Commission. Ms. Starman will be serving a three(3)year term that will expire it September 2026. (JWP) U. Approval of the Temporary Construction Easement and Permanent Easements with the Ada County Highway District: Approval of the Temporary Construction Easement and Permanent Easements with the Ada County Highway District for the Downtown Mobility Improvements (AKA: Eagle Road and State Street Intersection) for City of Eagle property located on East Plaza Drive, East State Street, West Aikens, South Eagle Road. (NBS) V. Compensation Summary Between Ada County Highway District and the Cie of Eagle: A Compensation Summary between Ada County Highway District and the City of Eagle for an improvement project planned for Eagle Road and State Street Intersection Design in an amount of$0.00. (NBS) W. Direct Placement Agreement Between the Ci1y of Eagle and Personnel Plus,Inc.: An agreement between the City of Eagle and Personnel Plus for services related to the recruitment of candidates for vacant city positions for direct hire, fees shall not exceed$5,000 per placement for hire. (TEO) X. *Agreement for Merchant Card Processing Services for the Recreation Department Programs and Park Reservations: A Merchant Processing Application and Agreement and the Merchant Services Program Terms and Conditions to coordinate with DrivePayments and CardConnect for the processing of credit and debit card payments for activities and reservations processed through the City Recreation Department. (KR) 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 Public Hearing to Consider New and/or Increased Fees for the City Administrative,Library and Recreation Department. (KR) A.1.ACTIONITEM.• Resolution No.23-26-Fee Schedule Update for the City Administrative, Library and Recreation Department:A Resolution amending Fee and Deposit Schedules for the City Administrative,Library and Recreation Departments in accordance with Eagle City Code Section 1-7-4 to update and establish new fees charged for services and providing and effective date. (KR) Resolution 23-26,Fee Schedule Amendments B. VAC-02-23—Vacation to the Final Plat of Bellemeade Subdivision—Tom Ricks: Tom Ricks, represented by Claire Smarda,P.E.,with Breckon Land Design, is requesting to vacate 5-feet of the 10- foot side yard public utilities, irrigation, and lot drainage easement located within Lots 12 and 24, Block 1,Bellemeade Subdivision. Bellemeade Subdivision is located at the northeast corner of West Flint Drive and North Park Lane. (MJW) VAC-02-23 Bellemeade 11. NEW BUSINESS: NONE 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.