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Agenda - 2023 - City Council - 10/24/2023 - Regular THE CITY OF EAGLE CITY COUNCIL AGENDA Eagle City Hall, 660 E. Civic Lane, Idaho October 24, 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. Geothermal and Aquifer Resources in the Eagle Foothills: Steve Schaps will present a report on Geothermal and Aquifer Resources in the Eagle Foothills. Geothermal Aquifer Report B. Ada City-Coup , Emergency Management(ACCEM)Representatives from ACCEM will present information on the update to Eagle's Emergency Operations Plan. C. Valley Regional Transit(VRTh Representatives from VRT will present a Ridershare update. 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 ACTION ITEMS. 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 approva motion unless specifically stated otherwise. A. Claims Against the City. B. Minutes of October 10,2023. (TEO) C. Reappointment to the Planning and Zoning Commission: In accordance with Resolution 23-17, Mayor Pierce is requesting Council Confirmation of the reappointment of Derek Smith to the Planning and Zoning Commission. Mr. Smith will be serving a three (3)year term that will expire in October 2026. (JWP) D. Independent Contract Instructor Agreement Between the Ci , of Eagle and Joni Carlo: An Independent Contract Agreement Between the City of Eagle and Joni Carlo to provide yoga and trauma therapies. Compensation shall be at a rate of 70% of the total revenue generated by registration. (HAY) E. Idaho Power Service Request For Eagle Sports Park Located at 8285 West Equest Lane: Approval of a Service Request to Idaho Power for the installation of conduit and boxes for the phase 2 undergrounding of electrical service lines within the Eagle Regional Sports Complex in an amount not to exceed$138,255.00. (NBS) 8285 W. Equest Lane Map F. Equipment/Service and Supply Contract Between Pacific Office Automation and the City of Eagle: Equipment/Service and Supply Contract between Pacific Office Automation and the City of Eagle to provide printer devices and services. The monthly payment shall not exceed$2,965.58. (DNG) G. Findings of Fact and Conclusion of Law for the Denial of 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) City Council Findings for Gora Estates H. Findings of Fact and Conclusion of Law for the Approval of 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) City Council Findings for Brian Haack L Finding of Fact and Conclusion of Law for the Approval of 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 Clarendon Way at 2453 West Champagne Drive. (MJW) City Council Findings for Lehner Family Project J. FP-10-23—Final Plat for Terra View Commercial Subdivision No. 1 —Terra View,LLC -Justin Martin: Terra View,LLC, -Justin Martin,represented by Becky Yzaguirre,with Ardurra,is requesting final plat approval for Terra View Subdivision No. 2, a 54-lot(47-residential, 7-common)mixed-use subdivision. The 26.29-acre site is located at the northwest corner of North Palmer Road and West Beacon Light Road. (MJW or KDO) Final Plat Terra View Commercial Subdivision No. 1 9. UNFINISHED BUSINESS: A. ACTIONITEM.• Mace Park:Public Comment on the Mace Park Project Design, City Council direction and approval to begin the public bidding process for construction. (NBS)Staff is requesting this item be remanded to staff. *This item was continued from the October 10, 2023 meeting. 10. ALL PUBLIC HEARING ITEMS ARE CONSIDERED ACTION ITEMS: PUBLIC HEARINGS: 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. NONE 11. NEW BUSINESS: A. ACTION ITEM: Ordinance 904—Annexation and Rezone Ordinance—Cascade Springs: 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 RUT(Rural-Urban Transition—Ada County designation) to MU-DA(Mixed Use with a development agreement) and R-6-DA(Residential with a development agreement); 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. (DLM) Ordinance 904 - Cascade Springs Annexation and Rezone Exhibit- Cascade Springs Vicinity Map B. ACTION ITEM: Ordinance 909—Annexation and Rezone Ordinance—Bureau of Land Management Parcels: 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 RR(Rural Residential—Ada County designation)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; providing a severability clause; and providing an effective date. (DLM) Ordinance 909-Bureau of Land Management Parcels Annexation and Rezone Exhibit-Bureau of Land Management Parcels Vicinity Map C. ACTIONITEM.• Landscape and Median Improvements For The Linder Road Project: Review and approve the landscape and median improvements for the Ada County Highway District Linder Road project(City Capital Project T&P CP-12), from State Highway 44 to Floating Feather Road, and submit a cost share request to the District. (NBS) Landscape-LSO 1 Landscape-LS02 Landscape-LS03 Landscape-LSO4 Landscape-LS05 Landscape-LS06 Landscape-LS07 Landscape-LS08 Landscape-LS09 Landscape-LS 10 Landscape-LS 11 Landscape-LS 12 Landscape-LS 13 D. ACTION ITEM-Modification to the Capital Plan for Fiscal Years 2024-2028 : Modification No. 1 to the Fiscal Year 2024-2028 Capital Plan to move funding from Capital Reserves to Parks and Recreation CP-2: Eagle Regional Sports Park in the amount of$530,000.00 (NBS) Fiscal Year 24 Modification to the Capital Plan Memo E. ACTION ITEM. Resolution 23-30-Adoption of Emergency perations Plan: A resolution of the City of Eagle,Idaho,residing any and all previous versions and adopting the Emergency Operations Plan(EOP)in it's entirety and providing an effective date. (ELZ &JWP) Resolution 23-30 Emergency Operations Plan Adoption 12. This time ie reserved for the public to address their elected officials regarding concerns m comments they would like W provideW the City Council regarding any matter,upWand including any subject on the agenda with the exception of Public Hearing and land use i1czne. 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. 74-206(1)An executive session at which members of the public are excluded may bc held,but only for the purposes and only io the manner set forth in this section. The motion 10 go into executive session shall identify the specific subsections of this section that authorize the executive eceeiou There shall be a roll call vote on the motion and the vote shall be recorded in the minutes. An executive session shall bc authorized bva two-thirds(2/3)vote of the governing body. Ao executive session may bc 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 14. 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.