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Agenda - 2023 - City Council - 10/10/2023 - Regular THE CITY OF EAGLE CITY COUNCIL AGENDA Eagle City Hall, 660 E. Civic Lane, Idaho October 10, 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. American Legion Orville Jackson Post 127 Presentation on Jackson House Proposal. 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 September 12,2023. (TEO) C. Minutes of September 26,2023. (TEO) D. Cost Share Agreement between Valnova LLC and the Ci , of Eagle-Regional Park Phase 1 : Cos Share Agreement with Valnova LLC to complete preliminary grading and roadway construction in the Eagle Sports Park Phase 1 in an amount not to exceed$624,743.16 with the City's proportionate share not to exceed$497,245.46. (NBS) E. Cross Access and Public Utility Easement Agreement between GWC Capital LLC and the City of Eagle: Approval of Cross Access Easement and Public Utility between the City of Eagle and GWC Capital,LLC from State Highway 16 at Pollard Lane to the western boundary of the Eagle Sport Complex consistent with the 2022 purchase and sale agreement. (NBS) F. Omnia Partners Membership: Omnia Partners is a cooperative purchasing entity that would provide the City purchasing options that are compliant with Idaho Code 67-2807. Staff is seeking Council approval of participating in the free membership offered by Omnia Partners. (TEO/EZ) Omnia Partners Membership Information G. Findings of Fact and Conclusion of Law for the Approval of A-05-23/RZ-07-23—Annexation and Rezone from RR(Rural Residential—Ada Coun1y 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 of the federal government and stewardship of the Bureau of Land Management(BLM). (DLM) City Council BLM Parcel Findings H. Findings of Fact and Conclusion of Law for the Approval of 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) City Council Findings Hevostila I. Findings of Fact and Conclusion of Law for the Approval of 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) City Council Findings Ambrosia Gardens J. Independent Contract Instructor Agreement Between the Ci , of Eagle and Emma Beck: An Independent Contract Instructor Agreement Between the City of Eagle and Emma Beck to provide instruction on instrument basics such as Ukulele, Guitar,Fiddle and Banjo. Compensation shall be at a rate of 70% of the total revenue generated by registration. (HAY) K. Temporary Waiver from Noise Ordinance Request: Old State Saloon is requesting a Temporary Noise Waiver for their extension of the Eagle Harvest Festival event being held on October 14, 2023, between the hours of 9:00am and 12:00am. (TEO) L. Development Agreement for RZ-18-22—Silvercreek Subdivision—Eagle River Development, LLC: Council authorization for Mayor to execute the development agreement associated with the rezone from A(Agricultural)to R-2-DA(Residential with a development agreement).The 65.39-acre site is located on each side of West Mace Road approximately 1,740-feet west of the intersection of West Windbreaker Lane and West Mace Road at 1522 and 1811 West Mace Road. (MJW) M. Development Agreement for RZ-13-22—Old Valley Road Retail Flex Park—West Old Valley., LLC: Council authorization for Mayor to execute the development agreement associated with the rezone from RUT (Rural-Urban Transition—Ada County designation)to (Mixed Use with a development agreement).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) N. Resolution 23-31-2023 Eagle Comprehensive Plan Amendment for Fire Impact Fees : A Resolution of the City of Eagle,Idaho Amending the Eagle Comprehensive Plan for Fire Impact Fees. (NBS) Resolution 23-31 -Fire Protection Comprehensive Plan Amendment O. Independent Contract Agreement Between the Ci1y of Eagle and DJ Rory P LLC: An Independent Contract Agreement Between the City of Eagle and DJ Rory P LLC to perform DJ services during the Night of a Thousand Pumpkins event. Compensation shall be paid for actual services rendered at a rate of$1,000.00 for the event. (JDH) P. Findings of Fact and Conclusion of Law for the Approval of FPUD-06-23 &FP-09-23—Final Development Plan and Final Plat for Benari Estates Subdivision No.2—Eagle 1,LLC, represented by Laren Bailej Eagle 1, LLC,represented by Laren Bailey,is requesting final development plan and final plat approvals for Benari Estates Subdivision No. 2, a 42-lot(38-buildable, 4-common),residential subdivision. The 16.08-acre site is located on the northeast corner of West State Street and North Ballantyne Lane at 1770 West State Street. (MJW) City Council Findings Benari Estates Sub No. 2 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. CU-08-23—Request for Waivers of Setbacks and Dimensional Lot Standards—Brain Haack: Brian Haack is requesting conditional use permit approval for a waiver of setbacks and dimensional lot standards to facilitate the construction of a 2,000-square foot accessory structure on Lot 14,Block 1 of Los Luceros Acres Subdivision. The 4.4-acre site is located at the southern terminus of East Los Luceros Drive at 565 East Los Luceros Drive. (MJW) CU-08-23 Brian Haack Staff Report B. CU-09-23—Conditional Use Permit for a Waiver of Eagle City Code—Susan and David Lehner: Susan and David Lehner are requesting conditional use permit approval for a waiver of Eagle City Code Sections 8-3-5(A)(1) and 8-3-3(B)(2)to facilitate the construction of an accessory structure and privacy wall within the street side yard area on Lot 11,Block 1, Canterbury Subdivision No. 2. The 1.99-acre site is located on the southeast corner of the intersection of West Champagne Drive and North Clarendor Way at 2453 West Champagne Drive. (MJW) CU-09-23 Lehner Family Project Staff Report C. A Public Hearing to Consider a Solid Waste Collection Fee Increase D irectly Related to an Increase in Ada County Landfill Charges. (TEO) C.1. 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 - Solid Waste Collection Fees 11. NEW BUSINESS: A. ACTION ITEM-Mace Park:Public Comment on the Mace Park Project Design, City Council direction and approval to begin the public bidding process for construction. (NBS) Mace Park Proposed Design Plan Set B. ACTION ITEM-Library Roof Replacement: Contract via Omnia Partners Membership, cooperative purchasing agreement, with Garland/DBD, Inc. for the replacement of the Eagle Public Library Roof in the amount not to exceed$250,907.00 and a notice to proceed date after October 1,2023. (NBS) 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.