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Agenda - 2023 - City Council - 12/12/2023 - Regular • THE CITY OF EAGLE CITY COUNCIL AGENDA Eagle City Hall, 660 E. Civic Lane, Idaho • December 12, 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. Hardin Sanitation Year-in-Review: Marl-,Fulwiler,Hardin District Manager,will provide a year in review for solid waste sanitation services in 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 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 approval motion unless specifically stated otherwise. A. Claims Against the City. B. Minutes of November 14,2023. (TEO) C. Minutes of November 28,2023. (TEO) D. Service Agreement Between the Ci , of Eagle and Western Records : A Service Agreement between the City of Eagle and Western Records to provide shredding and destruction services in an amount not to exceed$87.00 a month. The service agreement is a year long contract that will expire December 14, 2024. (TEO) E. Lease Agreement Between the Ci , of Eagle and the Eagle Community Food Bank Inc. : A Lease Agreement between the City of Eagle and the Eagle Community Food Bank, Inc. to lease space at 310- 312 East State Street, Eagle. The lease agreement shall expire September 30, 2024. (JP) F. Reappointment to the Eagle Arts Advisory Committee: In accordance with Resolution 23-17,Mayor Pierce is requesting Council Confirmation of the reappointment of Christina Hamlett to the City of Eagle Arts Advisory Committee. Ms. Hamlett will be serving a three(3)year term that will expire in December 2026. (JWP) G. Findings of Fact and Conclusion of Law for the of A-01-23/RZ-02-23/CU-03-23/PPUD-02-23/PP- 02-23 -Annexation,Rezone, Conditional Use Permit,Preliminary Development Plan,and Preliminary Plat for Everton Subdivision- TH Lost River,LLC : TH Lost River,LLC,represented by Stephanie Hopkins,with KM Engineering,LLP, is requesting an annexation,rezone from RUT (Rural-Urban Transition-Ada County designation)to R-1-DA-P (Residential with a development agreement-PUD),R-4-DA-P (Residential with a development agreement-PUD), R-6-DA-P (Residential with a development agreement-PUD), and C-2-DA-P (General Business District with a development agreement-PUD), conditional use permit,preliminary development plan, and preliminary plat approvals for Everton Subdivision, a 241-lot(212-residential [138-single family, 74-single-family attached], 11-commercial, 18-common) mixed use planned unit development. The 76.85-acre site is located at the northeast corner of State Highway 44 and North Palmer Lane. (MJW) Findings of Fact for Everton H. Resolution No. 23-23 -Designating Records Custodians: A resolution of the City of Eagle,Idaho, rescinding Resolution Nos. 18-20 and 18-44 in their entirety and designating records custodians and alternates; and providing an effective date. (TEO) Resolution No. 23-23 Designating Records Custodians L Resolution No. 23-24-Adopting the Cie of Eagle's Records Retention Policy : A resolution of the City of Eagle,Idaho,rescinding Resolution No. 19-08 in its entirety and adopting a records retention policy; and providing an effective date. (TEO) Resolution No. 23-24- Records Retention Policy J. Water System Capitalization Fee Study Acceptance: HECO Engineers has completed a study of the City of Eagle Water System to determine new Capitalization Fees which will replace the current Storage and Trunk Line(STL)Fees and the Water Construction Equivalency(WCE)Fees. Staff requests City Council acceptance of the study. (KR) Eagle Water System Capitalization Fee Draft Report K. Case Construction for Museum: The Museum director is requesting approval for an independent contract agreement with Fred Fritchman to construct Founding Families case exhibit not to exceed $4251.50 (ACD). Museum-Fred Fritchman Founders Exhibit Quote 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 a New Capitalization Fee for the Cie of Eagle Water Department. (HECO and KR) A.I. Resolution No. 23-33,New Capitalization Fee to Replace Storage and Trunk Line Fees and Water Construction Equivalency Fees in Accordance with a CijY of Eagle Water System Capitalization Fee Study: A resolution replacing the Storage and Trunk Line(STL)Fees and Water Construction Equivalency(WCE)Fees with a new Capitalization Fee for the City of Eagle Water Department in accordance with Eagle City Code Section 1-7-4 and providing an effective date. (KR) Resolution 23-33,Establishing New Capitalization Fees Eagle Water Cap Fee delay request final.pdf B. A Public Hearing to Consider New and/or Increased Fees for the Building and Water Departments.(KR) B.I. Resolution No.23-34,Amending the Fee Schedules for the Building and Water Departments:A resolution amending the fee schedules for the City of Eagle Building and Water Departments to establish new fees and to increase existing fees in excess of five percent(5%) and remove inactive fees from the fee schedule in accordance with Eagle City Code Section 1-7-4 and providing an effective date. (KR) Resolution 23-34 Fee Update,Building and Water Fees and Exhibit A C. RZ-08-23 -Rezone from A-R to R-E-DA-Robert West: Robert West is requesting a rezone from A- R(Agricultural-Residential) to R-E-DA(Residential-Estates with a development agreement). The 4.95- acre site is located on the east side of North Beverly Drive approximately 860-feet south of the intersection of West Floating Feather Road and North Beverly Drive at 950 North Beverly Drive. (MJW) West Rezone Action 11. NEW BUSINESS: A. ACTION ITEM- Canvas Votes for the 2023 General Run-Off Election: Acceptance of the December 5,2023,runoff election results as canvased by the Ada County Commissioners. [LC. §50-412] (TEO) B. 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) Eagle-Mace Parking Lot Revised Plans Eagle-Mace Parking Lot Planting Plans C. ACTION ITEM-Parks,Trails & Open Space Plan Scope of Work: Staff is seeking City Council direction and approval to begin the Request for Proposal process for the Parks, Trails & Open Space Master Plan. (NBS) Request for Proposals for Parks, Trails & Open Space Master Plan D. ACTIONITEM.• Fiscal Year 2024-2028 Capital Plan Modification No.2 : Staff is requesting a modification to the Fiscal Year 2024-2028 Capital Plan to increase funding for project PW CM-15: Orval Krasen Park Playground Replacement in the amount of$82,196.00 to a total not to exceed $210,195.00. (NBS) Capital Plan Modification No. 2 Fiscal Year 2024-2028 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.