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Agenda - 2023 - City Council - 12/19/2023 - Special THE CITY OF EAGLE CITY COUNCIL SPECIAL MEETING AGENDA Eagle City Hall, 660 E. Civic Lane, Idaho December 19, 2023 5:30 PM 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 November 2023. (KR) 11-2023 Monthly Financial Statements C. Eagle Police Department D. City Attorney 6. 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 December 12,2023. (TEO) C. Co-Energy Fuel Tank System: Staff is requesting Council authorization of the use of ARPA funds for a fuel tank system located at the Shop Space located at 4490 HWY 16. An amount not to exceed $25,765. (ELZ) D. Flex Ground Playground Fall Protection Sealant: Staff is requesting Council authorization of the use of ARPA funds for the purchase of Flex Ground playground fall protection sealant for City owned playgrounds. An amount not to exceed$6,037.38. (ELZ) E. Superior Fence and Rail of Treasure VdkyL Staff is requesting Council authorization of the use of ARPA funds for the installation of fencing adjacent to the pathway located at 5337 West State Street. An amount not to exceed$5,545.20. (ELZ) F. Service Quote for the Orval Krasen Park Playground Remodel: A Service Quote provided by LuckyDog Recreation for the playground remodel at Orval Krasen Park in an amount not to exceed $210,915.28. (ELZ) G. Independent Contractor Agreement between the Ci , of Eagle and Fred Fritchman : The Museum director is requesting approval for an Independent Contract Agreement between the City of Eagle and Fred Fritchman to construct Founding Families case exhibit. The cost shall not to exceed$4,251.50. (ACD) H. EXT-12-23—Final Plat Extension of Time Associated with Carrara Estates Subdivision No. 1 — Toll Southwest,LLC: Toll Southwest LLC,represented by Becky McKay with Engineering Solutions, LLP,is requesting an extension of time for the final plat approval of Carrara Estates Subdivision No. 1, a 50-lot(40-buildable, 10-common)residential subdivision. The 24.93-acre site is located on the north side of West Floating Feather Road approximately 2,280-feet west of North Eagle Road. (DLM) Carrara Estates Sub No 1 - Extension of Time Packet L EXT-10-23—Preliminary Plat Extension of Time Associated with Route 44 Subdivision—Ken Firmage: Ken Firmage,represented by Nicolette Womack with Kimley-Horn, is requesting a one(1) year extension of time for the preliminary plat for Route 44 Crossing Subdivision, a 71-lot(4 1-single- family [inclusive of 9-live/work lots], 10-commercial [inclusive of 2-storage unit lots], 20-common) residential/commercial planned unit development. The 15.68-acre site is located at the northeast corner of State Highway 44 and North Linder Road at 410 North Linder Road and 4400 West State Street. (HSD) Route 44 Crossing Extension of Time Packet J. Resolution 23-35—Vacation to Final Plat for Bellemeade Subdivision—Tom Ricks: A resolution c the Eagle City Council to vacate five feet(5') of the ten foot(10') side yard public utilities,Bellemeade Subdivision Homeowners'Association pressure irrigation and lot drainage easements,within lots 12 and 24,block 1, (Bellemeade Subdivision) as shown on the attachment hereto; and providing an effective date. (MJW) 23-35 Ricks Vacation-Bellemeade Subdivision.pdf K. Water Easement Agreement Between 801 BTH,LLC and the Cie of Eagle for an Easement within Pescara Estates Subdivision: Request for approval of a Water Easement Agreement between 801 BTH,LLC and the City of Eagle within the Pescara Estates Subdivision. (DLM) Pescara Estates -Eagle Water Line Easement Agreement L. Reappointment to the Design Review Board: In accordance with Resolution 23-17, Mayor Pierce is requesting Council Confirmation of the reappointment of Walter Lindgren to the City of Eagle Design Review Board. Mr. Lindgren will be serving a three (3)year term that will expire in January 2027. (JWP) 7. UNFINISHED BUSINESS: A. ACTIONITEM.• 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) This item was continued from the December 12, 2023, City Council meeting. Eagle Water System Capitalization Fee Draft Report 8. 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 Ci , 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 Ci , 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) This item was continued from the December 12, 2023, meeting. The public hearing remains open. Resolution 23-33,Establishing New Capitalization Fees Eagle Water Cap Fee delay request final 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) This item was continued from the December 12, 2023 meeting. The public hearing remains open. Resolution 23-34 Fee Update,Building and Water Fees and Exhibit A 9. NEW BUSINESS: A. ACTION ITEM-fiscal Year 2024-2048 Capital Plan Modification No. 3 : Staff is requesting a modification to the Fiscal Year 2024-2028 Capital Plan to increase funding for project PW CM-17: Orville Jackson House in the amount of$4,130.00 to a total not to exceed$104,310.00. (NBS) Fiscal Year 24-28 Modification No 3 B. ACTION ITEM: Ordinance 911—Rezone Ordinance—G20.LLC and C4 Land,LLC: An ordinance changing the zoning classification of the real property described herein from A(agricultural) to R-3-DA-P (residential with a development agreement-PUD); amending the zoning map of the City of Eagle to reflect said change;providing a severability clause; and providing an effective date. (MJW) Ordinance 911 Benari Estates C. ACTION ITEM- Ci , of Eagle Citizens Academy: Council direction regarding the development of a City of Eagle Citizens Academy. The Citizens Academy would be an opportunity for residents to learn about City government through an informational course offering. City of Eagle Citizens Academy-DRAFT 10. 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. 11. 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.