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Agenda - 2023 - City Council - 09/26/2023 - Regular THE CITY OF EAGLE CITY COUNCIL AGENDA Eagle City Hall, 660 E. Civic Lane, Idaho ` September 26, 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 August 2023. (KR) August 2023 Monthly Financial Statement 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. Domestic Violence Awareness Month Proclamation:A proclamation for the City of Eagle declaring October 2023 as Domestic Violence Awareness Month in the City of Eagle, Idaho. (JWP) Proclamation-Domestic Violence Awareness Month-October 2023 C. Canal Crossing Agreement Between Drainage District No. 2 and the City of Eagle: Canal Crossing Agreement between the Drainage District No. 2 and the City of Eagle to install a conduit and fiber optic cables across and over a drain located on the east side of East Hill Road. (ELZ) D. Fiscal Year 2024 Valley Regional Transit Cooperative Agreement : Authorizing the City to fund Valley Regional Transit(VRT) for services in Fiscal Year 2024 in an amount not to exceed $129,162.00. (NB S) E. Joint Powers Subscriber Agreement Between Idaho Counties Risk Management Program (ICRMP) and the City of Eagle for Fiscal Year 2023-2024. Council authorization for the Mayor to execute the Joint Subscriber Agreement between ICRMP and the City of Eagle.(TEO) F. A Subscription Agreement Between the Cie of Eagle and the Patron Point :A Subscription Agreement between the City of Eagle and Patron Point, a provider of digital marketing tools for the Eagle Public Library,to renew the annual subscription through September 30,2024 in the amount of $9,826.25. (SJB) G. Permanent Pathway Easement Agreement Between the City of Eagle and Endurance Holdings, LLC,for a Public Pathway within Beaconwood Subdivision No. 1: Endurance Holdings, LLC is requesting approval of a permanent pathway easement agreement for the public pathway located within Beaconwood Subdivision No. 1. The 37.34-acre site is located on the southeast corner of West Beacon Light Road and North Lanewood Road. (MJW) Beaconwood Pathway Easement Agreement H. Joint Powers Agreement Between the City of Eagle and Ada County Sheriffs Office Relating to Law Enforcement Services for Fiscal Year 2023-2024: Council approval and authorization for the Mayor to execute an agreement between the City of Eagle and the Ada County Sheriffs Office in an amount not to exceed$4,536,646 for fiscal year 2023-2024 for law enforcement services. (JP) I. Prosecution Services Agreement Fiscal Year 2023-2024: Council approval and authorization of the Mayor to execute an agreement between Ada County,the Ada County Prosecuting Attorney's Office and the City of Eagle relating to prosecution services for fiscal year 2023-2024, in an amount not to exceed$128,958.36. (JP) J. Intergovernmental Agreement between the Idaho Transportation Department QTDI and the City of Eagle: An intergovernmental agreement between the Idaho Transportation Department(ITD)and the City of Eagle for the collection of proportionate share fee payment from Avimor Development LLC and First American Title Insurance Company. (VV) K. Agreement for Building Inspector Services Between the City of Eagle and Rick Wenick : Agreement for Building Inspector Services Between the City of Eagle and Rick Wenick to provide building inspector services for the Building Department. The fee payable to the contractor shall not exceed$18.00 per inspection and forty(40%) of any re-inspection fees collected. (SJN) L. Agreement for Mechanical Inspector Services Between the City of Eagle and RIMI,INC.: An Agreement for Mechanical Inspector Services between the City of Eagle and RIMI,Inc. to provide mechanical inspection services for the City of Eagle Building Department. The Contractor shall receive 60%of the permit fees collected and 25%of the plan review fees collected. (SJN) M. Agreement for Electrical Inspector Services Between the City of Eagle and Electrical Controls and Instrumentation,LLC.: An Agreement for Electrical Inspector Services between the City of Eagle and Electrical Controls and Instrumentation,LLC to provide electrical inspection services for the City of Eagle Building Department. The Contractor shall receive 60%of the permit fees collected. (SJN) N. Agreement for Plumbing Inspector Services Between the City of Eagle and John Stocke,Inspect LLC: An Agreement for Plumbing Inspector Services between the City of Eagle and John Stocke, Inspect LLC to provide plumbing inspection services for the Building Department. The Contractor shall receive 60%of the permit fees collected. (SJN) O. Eagle Arts Advisory Committee Grant Funding Approval: The Eagle Arts Advisory Committee is seeking Council approval to award the Eagle Jazz Festival a grant not to exceed$4,000.00 This is a budgeted amount. (BLA) P. Eagle Arts Advisory Committee Grant Funding Approval: The Eagle Arts Advisory Committee is seeking Council approval to award the Eagle Plein Air Festival a grant not to exceed$2500.00. This is a budgeted amount. (BLA) Q. Eagle Arts Advisory Committee Grant Funding Approval: The Eagle Arts Advisory Committee is seeking Council approval to award the Eagle Marching Clinic and Competition a grant not to exceed $4,500.00. This is a budgeted amount. (BLA) R. Eagle Arts Advisory Committee Grant Funding Approval: The Eagle Arts Advisory Committee is seeking Council approval to award the Eagle Art Walk a grant not to exceed$500.00. This is a budgeted amount. (BLA) S. Eagle Arts Advisory Committee Grant Funding Approval: The Eagle Arts Advisory Committee is seeking Council approval to award the Summer Concerts At The Chateau a grant not to exceed $3500.00. This is a budgeted amount. (BLA) T. Findings of Fact and Conclusions of Law for the Approval of the 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) Findings of Fact Beaconwood Subdivision No. 1 U. FPUD-02-23 &FP-06-23—Final Development Plan and Final Plat for Shingle Creek Subdivision —Mike Cook, represented by Kent Adamson: Mike Cook,represented by Kent Adamson,P.E.,with RiveRidge Engineering Company is requesting final development plan and final plat approvals for Shingle Creek Subdivision, a 12-lot(9-buildable, 3-common),residential subdivision. The 4.41-acre site is located on the north side of State Highway 44 approximately 400-feet west of the intersection of West State Street and State Highway 44 at 2500 West State Street. (MJW) Shingle Creek Subdivision V. FPUD-06-23 &FP-09-23—Final Development Plan and Final Plat for Benari Estates Subdivision No. 2—Eagle 1,LLC,represented by Laren Bailey Eagle 1, LLC,represented by Laren Bailey,is requesting final development plan and final plat approvals for Benari Estates Subdivision No. 1, a 49-lot (39-buildable, 10-common),residential subdivision. The 19.21-acre site is located on the northeast corner of West State Street and North Ballantyne Lane at 1770 West State Street. (MJW) Benari Estates Subdivision No. 2 W. Development Agreement for RZ-08-22—Benari Estates Subdivision—G20,LLC: Council authorization for Mayor to execute the development agreement associated with the rezone from A (Agricultural)to R-3-DA-P (Residential with a development agreement—PUD). The 35.29-acre site is located at the northeast corner of West State Street and North Ballantyne Lane at 1770 West State Street. (MJW) Benari Estates Subdivision Development Agreement X. Development Agreement for RZ-12-22—Tierpointe Subdivision—Todd S. and Patti A. Henderson: Council authorization for Mayor to execute the development agreement associated with the rezone from RUT(Rural-Urban Transition—Ada County designation)to a R-6-DA(Residential with a development agreement). 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 Subdivision Development Agreement Y. Development Agreement for RZ-02-20 MOD—Linder Senior Apartments—Intermountain Pacific,LLC: Council authorization for Mayor to execute the development agreement associated with the rezone development agreement modification for Intermountain Pacific, LLC. 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 Development Agreement Z. First Amended and Restated District Development Agreement for Avimor Community Infrastructure Distriet(CID) No. 1 by and Among City of Eagle,Idaho and Avimor Community Infrastructure No. 1 and Avimor Development LLC and Avimor Partners LLC and Spring Valley Livestock Company Inc and First American Title Insurance Company Council authorization for the Mayor to execute the development agreement associated with the first amended and restated Avimor Community CID No. 1. (CDM&VV) First Amended and Restated District Development Agreement for Avimor CID.PDF AA. Precision Pumping Systems: Authorization for the purchase of an irrigation pump for Pamela Baker Park in an amount not to exceed$67,075. (ELZ) AB. Northwest Data Exchange(NWDE) Subscription: Staff is requesting Council authorization for the use of ARPA funds and the approval of the subscription to the NWDE for 2023-2024,in an amount not to exceed$2,500. The subscription rate remains the same as for fiscal year 2022-2023.(TEO) AC. AmeriBen Human Resource Consulting Membership Agreement: Staff is requesting Council authorization for the use of ARPA funds and the approval of an agreement between the City of Eagle an( AmeriBen Human Resource Consulting for a 12-month membership, in an amount not to exceed $2,000.00. (TEO) AD. Approval of Idaho Power Quote for power service for irrigation service at Pamela Baker Park. Staff is seeking Council approval of the Idaho Power quote of$18,422 for electrical service for the irrigation pump at Pamela Baker park, and$1,131 for the engineering fees for the same and authorization of the Mayor to execute the notice to proceed. (EZ/NBS) AE. Request Continuation of AREA Funding for Digital Marketing: Staff is seeking Council approval tc continue to use ARPA funds for the sei vices of Social Eyes Marketing, LLC. a digital marketing company,to continue their work of digital marketing materials and placement of the same online and on social media platforms. The requested amount shall not exceed $24,000. (JWP) 8. UNFINISHED BUSINESS: NONE 9. PUBLIC HEARINGS: ALL PUBLIC HEARING ITEMS ARE CONSIDERED ACTIONITEMS. 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. CPA-01-23—Fire Protection Capital Plan Comprehensive Plan Text Amendment—City of Eagle: The City of Eagle is requesting a comprehensive plan text amendment to Chapter 4.4: Fire Protection of the Eagle is HOME Plan to identify the most recent Eagle Fire Capital Improvements Plan. (NBS) CPA-01-23 Staff Report CPA-01-23 cc me2.pdf B. Eagle Fire District Capital Improvement Plan and Development Impact Fee Study: The City of Eagle is requesting approval of the updated Eagle Fire District Capital Improvement Plan and Development Impact Fee Study. (NBS) Eagle Fire Capital Improvement Plan and Development Impact Fee Study C. A Public Hearing to Consider New and/or Increased Fees for Development Impact Fees for Fire in Excess of 5%.(NBS) Cl: Resolution 23-29-Resolution of the City of Eagle Adopting a Fee Increase for Fire Impact Fees:A Resolution of the City of Eagle,Idaho, adopting a fee increase for Fire Impact Fees directly related to a fee increase imposed the the Eagle Fie Protection District and providing for effective date. (NBS) Resolution 23-29_Fire_Impact_Fee_Inerease_draft .docx D. A Public Hearing to Consider a Solid Waste Collection Fee Increase D irectly Related to an Increase in Ada County Landfill Charges. (TEO) D.L.Resolution 23-28- Solid Waste Collection Fee Schedule: A Resolution Of The City Of Eagle, Idaho,Adopting A Fee Increase in the Eagle Solid Waste Collection Services directly related to a fee increase imposed by Ada County Landfill;And Providing For Effective Date. (TEO) Resolution 23-28 -Hardin Sanitation fee schedule draft.pdf E. RZ-11-22/CU-13-22/PPUD-07-22/PP-17-22—Rezone,Conditional Use Permit,Preliminary Development Plan,and Preliminary Plat for Gora Estates Subdivision—Roth Ryczkowski,LLC: Roth Ryczkowski, LLC,represented by Ryan Wallace,is requesting a rezone from A-R(Agricultural- Residential)to R-1-DA-P(Residential with a development agreement—PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for Gora Estates Subdivision(re- subdivision of Lot 2,Block 1, Sulik Subdivision), a 6-lot(4-buildable, 2-common)residential planned unit development. The applicant is also requesting waivers of the required open space, sidewalks, curbs and gutters. The 4.7-acre site is located on the north side of West Beacon Light Road approximately 1,285-feet east of the intersection of North Hartley Road and West Beacon Light Road at 6390 West Beacon Light Road. (MJW) Gora Estates Subdivision Packet F. A-05-23/RZ-07-23—Annexation and Rezone from RR(Rural Residential—Ada County Designation)to PS Public/Semipublic —City of Eagle: The City of Eagle,is requesting annexation and rezone from RR(Rural Residential—Ada County designation)to PS (Public/Semipublic)for three (3)BLM parcels(Parcel Nos. S0328141800; 120-acres, S0327223200; 160-acres, and S0322315200; 400-acres). The parcels are generally located at State Highway 16 approximately 2,500-feet northeast of the intersection of State Highway 16 and West Equest Lane. The land will remain under the ownership and stewardship of the Bureau of Land Management(BLM). (DLM) BLM Parcels -Annexation G. A-04-23/RZ-05-23/PP-05-23—Annexation,Rezone, and Preliminary Plat for Hevostila Subdivision—Criterion Land Management: Criterion Land Management,represented by Nicolette Womack,with Kimley-Horn, is requesting annexation,rezone from RUT(Rural-Urban Transition— Ada County designation)to R-3-DA(Residential with a development agreement[in lieu of a PUD]), and preliminary plat approvals for Hevostila Subdivision, a 38-lot(32-buildable, 6-common)residential subdivision. The 12.14-acre site is located on the south side of East Floating Feather Road approximately 355-feet west of the intersection of North Falling Water Avenue and East Floating Feather Road at 2385 East Floating Feather Road. (MJW) Hevostila Subdivision Packet H. PP-04-23—Preliminary Plat for Ambrosia Garden Subdivision—Steven Ricks and Susanne Ricks Family Trust: Steven Ricks and Susanne Ricks Family Trust,represented by Anna B. Canning with Centurion Engineers, Inc., is requesting preliminary plat approval for Ambrosia Garden Subdivision, a 6-lot(6-buildable) commercial subdivision. The 3.45-acre site is located at the northwest corner of State Highway 44 and North Park Lane at 101 North Park Lane. (MJW) Ambrosia Gardens Sub CC PKT.pdf 10. NEW BUSINESS: A. ACTIONITEM: Fiscal Year 2024 to Fiscal Year 2028 Capital Plan :Adoption of the City of Eagle Fiscal Year 2024-Fiscal Year 2028 Capital Plan. (NBS) FY 24-28 Capital Plan B. ACTIONITEM: Resolution 23-27-Fiscal Year 2024 to Fiscal Year 2028 Capital Plan : (NBS) FY24-28 Capital Plan C. ACTIONITEM: Ordinance 908—Annexation and Rezone Ordinance—Route 44 Crossing Subdivision: 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 R1 (Residential—Ada County designation), C2 (Community Commercial—Ada County designation), and C-1-DA (Neighborhood Business District with a development agreement)to C-1-DA-P (Neighborhood Business District with a development agreement—PUD); 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. (MJW) Ordinance 908 Route 44 Crossing 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. ACTION ITEM: 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.