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Agenda - 2024 - City Council - 01/09/2024 - Regular THE CITY OF EAGLE CITY COUNCIL AGENDA Eagle City Hall, 660 E. Civic Lane, Idaho January 9, 2024 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 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 19,2023. (TEO) C. Proposal and Agreement Between Express Service Division and the Ci , of Eagle: Proposal and Agreement between Express Service Division and the City of Eagle for additional services associated with the remodel improvements to 312 East State Street, Eagle, Idaho. An amount not to exceed $32,092. Staff is requesting to utilize ARPA funds for the expense. (ELZ) D. Findings of Fact and Conclusions of Law for the Denial of 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 anc North Beverly Drive at 950 North Beverly Drive. (MJW) Findings of Fact for West Rezone E. DR-53-23 -Common Area Landscaping within Route 44 Crossing Subdivision-Kenneth Firmage: Kenneth Firmage,represented by Nicolette Womack with Kimley-Horn, is requesting design review approval for the common area landscaping within Route 44 Crossing Subdivision. 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. (ERF) Route 44 Crossing Subdivision Landscaping Action Design Review F. DR-56-23 -Common Area Landscaping within Silvercreek Subdivision-Laren Bailees Laren Bailey is requesting design review approval of the common area landscaping within Silvercreek Subdivision. The 65.39-acre site is located on the north and south sides 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. (BAW) Silvercreek Landscape Design Review Action G. Purchase and Sale Agreement Between WOODLAB INC and the Ci1Y of Eagle: Purchase and Sale Agreement between WOODLAB INC and the City of Eagle for the purchase of a custom conference table in an amount not to exceed$8,500. (ELZ) 7. CONCLUSION OF OLD 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 19, 2023, City Council Special meeting. Eagle Water System Capitalization Fee Draft Report B. Public Hearing to Consider a New Capitalization Fee for the Ci , of Eagle Water Department. (HECO and KR) B.I.ACTIONITEM: 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 19, 2023, special meeting. The public hearing remains open. Resolution 23-33,Establishing New Capitalization Fees Eagle Water Cap Fee delay request final BCASWI Eagle Water Cap fee comments 12-19-23.pdf 8. OATH OF OFFICE: A. Oath of Office: City Cleric administers the oath of office for the position of Mayor to Brad Pike. B. Oath of Office: City Clerk administers the oath of office for City Council members Mary May and Craig Kvamme. 9. RECOGNITION: A. Recognition of Outgoing Elected Officials. 10. ROLL CALL: GINDLESPERGER,KVAMME,MAY,RUSSELL. A. ACTIONITEM.• Election of City Council President and Pro Tem. 11. 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. 12. 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. Permanent Pathway Easement Agreement Between the Ci , of Eagle and Molinari Park Development,LLC,for a Public Pathway within Molinari Subdivision No.2: Molinari Park Development, LLC, is requesting approval of a permanent pathway easement agreement for the public pathway easement agreement for the public pathway located within Molinari Subdivision No. 2. The 6.5-acre site is located at the south side of East Plaza Drive approximately 300-feet east of the intersection of South 2nd Street and East Plaza Drive. (MJW) Pathway Easement Agreement for Molinari B. Development Agreement for RZ-10-22—Shetland Point Subdivision—Opus Development,LLC: Council authorization for Mayor to execute the development agreement associated with the rezone from RUT (Rural-Urban Transition—Ada County designation) and R1 (Residential—Ada County designation) to R-3-DA-P (Residential with a development agreement—PUD). The 5.37-acre site is located on the west side of North Park Lane approximately 400-feet south of the intersection of West Floating Feather Road and North Park Lane at 1025 North Park Lane. (MJW) Development Agreement for Shetland Point 13. 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. NONE 14. NEW BUSINESS: A. ACTIONITEM.• Review and Discuss Liaison Positions for Mayor and Council. 2023 Council Liaison Positions 15. 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. 16. 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. 17. 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.