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Minutes - 2023 - City Council - 12/19/2023 - Special EAGLE CITY COUNCIL SPECIAL MEETING MINUTES December 19,2023. 1. CALL TO ORDER: Mayor Pierce calls the meeting to order at 5:30 p.m. 2. ROLL CALL: Present: GINDLESPERGER, PIKE, BAUN, RUSSELL. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Mayor Pierce leads the Pledge of Allegiance. 4. ADDITIONS,DELETIONS OR MODIFICATIONS TO THE AGENDA:None 5. REPORTS: A. Mayor and Council: Gindlesperger reports on the Historic Preservation Commission meeting. A historic building report is being prepared by the consultant for the Jackson House.The Commission is working on updating the historic building registry. Russell reports on a new transportation service being launched by Valley Regional Transit beginning January 2nd. Free rides will be offered for ages 60+throughout Ada and Canyon County. Riders can book up to 7 days in advance,it is a first come first serve booking process.The hours of operation will be M-F 7:00 a.m. to 6:00 p.m. Assistance will be provided at the Senior Center to help those needing assistance. B. Department Supervisor: 1. City Treasurer,Financial Reports for November 2023.(KR) Director of Long-Range Planning and Projects, Nichoel Baird Spencer states that COMPASS awarded the City of Eagle an award for Leadership in Motion for 2023. It is for the leadership in Government for Ada County for the Eagle Road Bike/Pedestrian bridge project. Mayor Pierce thanks Director Spencer for her dedication to this project and for seeing it through to fruition. C. Eagle Police Department: Sergeant Elliot presents the monthly statistic for November. Highlights examples of proactive police work in the Eagle community. Excellent police work wherein cocaine and methamphetamine in separate traffic stops were discovered. D. City Attorney:No report. 6. ALL CONSENT AGENDA ITEMS ARE CONSIDERED ACTION ITEMS: CONSENT AGENDA • 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) Page 1 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC12-19-23min.docx E. Superior Fence an Rail of Treasure Valley: 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 City 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 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. (L LM) I. 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 (41-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) J. Resolution 23-35 —Vacation to Final Plat for Bellemeade Subdivision — Tom Ricks: A resolution o 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) K. Water Easement Agreement Between 801 BTH, LLC and the City 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) 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) Mayor Pierce introduce the item. Baun removes items H and I. Gindlesperger moves to approve consent agenda items A-L,excluding H and I. Seconded by Russell. GINDLESPERGER AYE; PIKE AYE; BAUN AYE; RUSSELL AYE. ALL AYE...MOTION CARRIES. 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) Mayor Pierce introduces the item. Page 2 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC12-19-23min.docx Baun seeks additional information on the basis of the one year request for extension of time. Planner III, Daniel Miller, states that since the initial approval the development has changed ownership. The new owners have been working through the approval process with various agencies. City Staff has met with Toll Southwest LLC,and they are working diligently to meet the newly requested timeline. Baun moves to approve consent item 6H EXT-12-23 — Final Plat Extension of Time Associated with Carrara Estates Subdivision No. 1 — Toll Southwest, LLC. Seconded by Russell.ALL AYE...MOTION CARRIES. I. 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 (41-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) Mayor Pierce introduces the item. Planner I, Hailey Durham, notes that the developer experienced challenges getting approval from Ada County Highway District which wasn't obtained until March of this year. Planner Durham confirms that this is the second extension requested and reviews the circumstances leading to the second request. Discussion. Baun moves to approve consent item 6I EXT-10-23 Preliminary Plat Extension of Time Associated with Route 44 Subdivision Ken Firmage. Seconded by Pike. ALL AYE...MOTION CARRIES. 7. UNFINISHED BUSINESS: A. ACTION ITEM 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. Mayor Pierce introduces the item. City Engineer, Mike Davis, addresses questions received regarding the calculation methodology. General discussion. Baun moves to place this item to be heard with public hearings. Seconded by Gindlesperger. ALL AYE...MOTION CARRIES. Mayor calls a 10-minute recess. 8. 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. Page 3 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC12-19-23min.docx • 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 8A. A Public Hearing,to Consider a New Capitalization Fee for the City of Eagle Water Department. (HECO and KR) A.1. Resolution No. 23-33, New Capitalization Fee to Replace Storage and Trunk Line Fees and Water Construction Equivalency Fees in Accordance with a City 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. Mayor Pierce introduces the item,and notes that items 8B and C public hearing items will be heard at the same time and that the hearing remains open from the meeting of December 12,2023. Mayor opens the public hearing. Ken Burgess, 7200 W. McMullin Street, Boise, Idaho, representing the BCA of Southwest Idaho. Mr. Burgess expresses his appreciation for the additional time to review the Water System Capitalization fee study. The attorney engaged by the BCA concurs with how the fees were calculated. The BCA also had questions regarding the valuation of the water rights, as well as the combining of the east and west zones to arrive the recommended fee. The BCA would like a third-party review of the fee calculation. Dave Yorgason, 14254 W. Battenburg, Boise, Idaho. Mr. Yorgason has concerns regarding the implementation of the study and requests clarification for those projects currently in progress. He questions if"grandfathered"rates would be applicable. Baun poses engineering questions to Mr. Yorgason. He questions if Eagle's water standards are higher than those elsewhere in the valley. Yorgason states that every city has different standards, and that he is not an engineer. Baun is concerned that new development is bearing the cost of maintenance of the existing system. Discussion. Jeff Bower, 601 W. Bannock, Boise, Idaho, representing Avimor LLC. Mr. Bower requests the resolution be tabled so that exclusions regarding Avimor and Valnova can be carved out. They are not challenging the validness of the study, but the applicability to the planned developments of Avimor and Valnova. General discussion. City Engineer, Mike Davis, HECO rebuts testimony. Discusses the study and provides clarification regarding the mathematical methodology for the calculation and the compliance of the study with the court ruling. Baun would like staff to bring back projects currently in process that would be impacted by this. Pike believes there are a lot of questions to be answered from both the BCA and those posed by Jeff Bower. He does not want to increase fees just based on reports, expressing respect to the City Engineer, but he would like the questions answered and more time for the public and the developers to understand the process. Gindlesperger is in favor of tabling this as well. Pike would like clarification on the location of the east and west zones,infrastructure, Page 4 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC12-19-23min.docx concurs that the item should be tabled,with the City and standards of other agencies. Russell Attorney looking to add language to address Valnova and Avimor. Discussion. City Attorney, Victor Villegas states that the east and west zone do not include Valnova nor Avimor,they are two completely separate water systems therefore the study does not apply to them, however additional clarification could be carved out in the resolution to provide additional comfort to Valnova and Avimor. Discussion. Baun moves to table 8A and 8A1 until January 9th. Seconded by Gindlesperger. Discussion. Baun clarifies that the public hearing remains open. ALL AYE...MOTION CARRIES. B. A Public Hearing to Consider New and/or Increased Fees for the Building and Water Departments. (KR) B.1. 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. Mayor Pierce introduces the item. City Treasurer, Kellie Rekow discusses the fees associated with proposed Resolution 23-34 Mayor closes the public hearing. Baun moves to approve public hearing item 8 B.1. to approve Resolution 23-34 Amending the Fee Schedules for the Building and Water Departments. Seconded by Gindlesperger. GINDLESPERGER AYE;PIKE AYE;BAUN AYE;RUSSELL AYE.ALL AYE...MOTION CARRIES. 9. NEW BUSINESS: A. ACTION ITEM: Fiscal Year 2024-2028 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$4,310.00 to a total not to exceed $104,310.00. (NBS) Mayor Pierce introduces the item. Director of Long-Range Planning and Projects, Nichoel Baird Spencer reviews the Capital Plan Modification No. 3 request. Russell moves to approve agenda item 9A Fiscal Year 2024-2028 Capital Plan Modification No.3 to increase funding of PW CM-17 Orville Jackson House through the transfer of $4,310 from TRL CM-11 FEMA Trail Repair 4A. Seconded by Pike. Discussion. GINDLESPERGER AYE; PIKE AYE; BAUN AYE; RUSSELL AYE. ALL AYE...MOTION CARRIES 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 Page 5 ill K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC12-19-23min.docx zoning map of the City of Eagle to reflect said change; providing a severability clause; and providing an effective date. (MJW) Mayor Pierce introduces the item. Baun moves,pursuant to Idaho Code,Section 50-902,that the rule requiring Ordinances to be read on three different days with one reading to be in full be dispensed with,and that Ordinance#911 be considered after being read once by title only. Seconded by Gindlesperger. GINDLESPERGER AYE;PIKE AYE; BAUN AYE;RUSSELL AYE.ALL AYE..MOTION CARRIES. Baun moves that Ordinance #911 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 be adopted. Seconded by Pike. GINDLESPERGER AYE; PIKE AYE; BAUN AYE; RUSSELL AYE. ALL AYE...MOTION CARRIES. C. ACTION ITEM: City of Ea2le 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. Mayor Pierce introduces the item. Director of Long-Range Planning and Projects, Baird Spencer reviews the proposed Citizen Academy. Council Member Pike commends Council member Russell for her work on this proposal and is fully in support of it Gindlesperger moves to approve action item 9C City of Eagle Citizens Academy and to move forward with the draft as identified by Nichoel. Seconded by Baun. ALL AYE...MOTION CARRIES. 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 authCrize 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: Bann move pursuant to I.C.74-206(1)that the City of Eagle convene an Executive Session for the purpose of(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. Seconded by Gindlesperger. GINDLESPERGER AYE;PIKE AYE; BAUN AYE;RUSSELL AYE.ALL AYE... MOTION CARRIES. Council enters executi+e session. Discussion of pending/threatened litigation. Council exits executivC session. 1 Page 6 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC12-19-23min.dock No action taken. 13. ADJOURNMENT: Baun moves to adjourn. Seconded by Gindlesperger. ALL AYE...MOTION CARRIES. Hearing no further business,the Council meeting was adjourned. Res ectfully submitted: ° CY E DRN, CMC ���:•.sty0 R A T� CITY CLERK : 0 •u • APPROVED: = S E p'L :•O 1 e P1h;KC", i R AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT W W W.C ITYOFEAGLE.ORG. Page 7 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC12-19-23min.docx November 2023 Police Report <! t1L ICE Release Date 2023-12-08 L �ciTvdEAGLE Offenses Reported' Case Report Types •Person Crimes=murder,manslaughter, Types 2020 2021 2022 2023 YTD rape/sodomy,assault,intimidation and kidnapping Person 102 137 164 179 offenses •Property Crimes=robbery,burglary,larceny/theft, Property 229 189 201 200 arson,destruction of property,counterfeiting,fraud, Society 239 17S 216 278 embezzlement,blackmail and stolen property offenses 570 501 581 657 •Society Crimes=drugs/narcotics,gambling, pornography,prostitution and weapons law Crimes Reported by Month and Type violations Person Property Society No.of Arrests ❑other ■ DUI 39 35 36 40 i 24 32 22 21 _� 22 18 17 17 12 12 14 11 10 7 9 11 10 0 Aug Sep Oct Nov Aug Sep Oct Nov Aug Sep Oct Nov Aug Sep Oct Nov No.of Mental Hold Cases Police Activity' 8 2023 2023 6 1111 Monthly Aug Sep Oct Nov Total Average:5 Avg' Citizen Calls for Service 7,172 652 669 686 600 573 4 7 7 (CFS) 2 Proactive Policing 17,210 1,565 1,908 1,598 1,810 1J747 2 2 0 Select Call Types Aug Sep Oct Nov 2023 All Code 3 Response Time(min:sec)4 2023 Total Monthly Aug Sep Oct Nov Avg3 AVG 04:40 Code 3 CFS 250 23 24 24 27 22 Alarm 500 45 50 50 39 50 Crash Response 656 60 47 70 65 70 0501 O.:i.;7 0 1 1 ' School Checks 364 33 47 56 51 58 Traffic Stops 6,874 625 627 625 664 779 Welfare Checks 543 49 42 45 52 51 Aug Sep Oct Nov 'Offense Reports are compiled from NI ERS RMS.'Police Activity reflects calls within the City of Eagle and all calls dispatched with an Eagle deputy.'Monthly averages are based on all prior months of the current year.°Code 3 Calls represent all incidents that are routed at Priority 3,where Priority 3 calls require an immediate emergency response. Last Updated:9/14/23ve *Cow Awa %Umi EAGLE CITY COUNCIL MEETING December 19, 2023 PUBLIC HEARING: Item 8A SUBJECT A Public Hearing to Consider a New Capitalization Fee for the City of Eagle Water Department. TESTIFY PRO/ CON NAME (please print) ADDRESS YES/NO NEUTRAL 7200 w c S ‘,V\Q\I 'Oct -B51§6-- o 65r2o 1\I 0 c wo_s9 Z5y w � u. n� c 130 Lieu, 6 G t More on back EAGLE CITY COUNCIL MEETING December 19, 2023 PUBLIC HEARING: Item 8A SUBJECT A Public Hearing to Consider a New Capitalization Fee for the City of Eagle Water Department. TESTIFY PRO/ CON NAME (please print) ADDRESS YES/NO NEUTRAL More on back EAGLE CITY COUNCIL MEETING December 19, 2023 PUBLIC HEARING: Item 8B SUBJECT: A Public Hearing to Consider New and/or Increased Fees for the Building and Water Departments TESTIFY PRO/CON NAME (please print) ADDRESS YES/NO NEUTRAL More on back EAGLE CITY COUNCIL MEETING December 19, 2023 PUBLIC HEARING: Item 8B SUBJECT: A Public Hearing to Consider New and/or Increased Fees for the Building and Water Departments TESTIFY PRO/ CON NAME (please print) ADDRESS YES/NO NEUTRAL More on back 3c1 6206 N.Discovery Way,Suite A 9 lit Boise,Idaho 83713 BUILDING CONTRACTORS ASSOCIATION (2081377-3550 g ! OF SOUTHWESTERN IDAHO, INC. (2081377-3553 fax 11Flowss w �� s `�wam�° Websire mww.bcaswi.org "�Tradition of Building Excellence for Over 60 Years" Email bca@heritagevofi.com The third question relates to the actual numbers put to the detailed elements of the calculation -- elements that could only truly be confirmed or argued by a third-party review. While we recognize HECO Engineers utilized industry standard modeling for their assumptions, such assumptions may still be disputed. Ideally, we would have had time to review and get third- party confirmation and/or negotiated agreement of those numbers for: 1. Actual replacement costs of valves, pipe, hydrants and wells, for example. 2. Was the depreciation properly determined? 3. Was asset life expectancy of the current system accurately determined, etc. More generally, our members are concerned that it appears all future replacement/maintenance costs of the Eagle Water System are being borne on the backs of new development without regard for the responsibility to existing users. This very concerning to us and worry that it sets a bad precedent. Finally, assuming the council adopts this proposal, we are concerned about how it will be implemented and how this new fee will be applied to previously approved projects in the pipeline. Would those projects be grandfathered under the current hookup, STL, and WCE fee schedule? Would there be any kind of date-certain transition period for the change in those fees? The City of Eagle proposed Resolution 23-33 does not address this. In closing, we again extend the invitation to the City of Eagle to participate in the BCASWI's monthly Builder/Developer Committee meetings, in which we provide opportunity for jurisdictions to provide early notice, explanation, and justification of proposed policy changes and provides the opportunity for early feedback from our members. The Builder/Developer committee meets the second Tuesday of each month in 2024. The next meeting of the committee is scheduled for January 9, 2024 beginning at 3:00 p.m. Thank you for your consideration and we look forward to working with you on this matter. If you have further questions or clarifications, you can contact the BCASWI's government affairs representative, Ken Burgess at 208-861-2052 or e-mail: ken@veritasadvisor.com Sincerely, (-----"2,------,j-_,.... ....) Cody Weight, President Building Contractors Association of Southwest Idaho `o�,�4ncroRs� arA 6206 N.Discovery Way,Suite A 9 ; 5 Boise,Idaho 83713 BCA Z BUILDING CONTRACTORS ASSOCIATION 1208)377-3550 41c%\ NAHB � OF SOUTHWESTERN IDAHO, INC. i208)377-3553 fax 44' esties0 Website vwvwbcass org "A Tradition of Building Excellence for Over 60 Years" E-rnaiI bca@hentagewifi corn December 19, 2023 Honorable Jason Pierce, Mayor Honorable Brad Pike, Council President City of Eagle PO Box 1520 Eagle, Idaho 83616 RE: Proposed Water Capitalization Fee changes Dear Mayor Pierce, Councilman Pike, and members of the Eagle City Council, On behalf of the nearly 400 member companies of the Building Contractors Association of Southwestern Idaho (BCASWI) we thank you for giving us additional time to review and provide comments regarding Eagle's Water Capitalization Fee changes. We also apologize for the late submission of these comments as we had consulted outside counsel on the issue. We asked our attorney to review with a few questions in mind, some of which were answered, and others which would require more detailed analysis. The first question was to determine whether the formula calculations used by the City of Eagle are proper and legal based on the cited Supreme Court case NIBCA vs. City of Hayden. According to the attorney, he agrees that at the fifty-thousand-foot level, it appears the formula used for city of Eagle Water Capitalization Fees is conceptually correct. He notes that there have been a number of Supreme Court decisions related to this matter that have defined/refined the approach for cities. AND that while determining these through Supreme Court case law is not ideal, it appears Eagle is doing it correctly. The next question was to evaluate the broader elements included and justification for those elements. Two issues rose to the level of concern: 1. Inclusion of value of the water rights: The attorney claims he has not seen this before, and is not convinced it belongs in the mix. This is a $2,005,080 value according to the HECO Engineers report (2.2.1 Replacement Value, pages 4 and 5, and Table 1 of page 5). 2. Two separate systems, one fee. The calculated value of the Eastern Zone is $11 million less than the Western zone. The attorney is concerned that one could argue those building in the Eastern zone are paying an inordinate, inappropriate fee compared to those in the Western Zone. 12/27/2023 FY 24 -28 CAPITAL PLAN MODIFICATION NO. 3 • ter" •', • litiFa December 19, 2023 r ip Nichoel Baird Spencer MCRP,AICP Director of Long-R nge Planning&Prolects EAGLE nbaird•cit ofea•I-.or. 1 STAFF REQUEST Staff is requesting the Eagle City Council's review and approval of Modification No. 3 to the FY 2024-2028 Capital Plan adopted on September 26, 2023, to increase the funding of PW CM-17: Orville Jackson House through the transfer of $4,130.00 from TRL CM-1 1 : FEMA Trail Repair 4A. 2 1 12/27/2023 OVERVIEW The Or ille Jackson House was originally funded in the amount of $100,000 ($10K in capital maintenance with a $90K grant from the SHPO) n FY 23but due to issues with the tenant was not able to move forwar•. The City began work on the historical structure evaluation in October of 2023. . The current configuration of the park and equipment selected is in compliance with the recommendation of the PPRC & the Council in 2022. 3 OVERVIEW The istoric Structure Report would make recommendations as to addi ional work that was needed to ensure the historical and struc ural integrity of the home. On ovember 8 2023 the Cit was contacted b our consultant with • recommendation to com.lete testin. for radon lead-based •ain and asbestos. Staff received 2 estimates and recommends the a••r•val of the lowest bid from Industrial H .iene Resouces in the amo nt if 4 2 12/27/2023 CURRENT FUNDING 2024-2028 Capital Plan: Department:Public Works Staff:Eric Ziegenfuss Jackson House 4 PP/CM-17 Jackson House Year Re Incomplete In FY23 Carry forward Requested:2023 $ 100,000 $ $ 90,000 $ $ 10,000 Priority:Planned FY 2023 $100K from FY23 Amount Requested:$100K FY 23-27 PLAN YEAR:2023 Department.Planning&Zoning Staff:Bill Vaughan FEMA Trail Repair iMA TRL CM-11 FEMA Repair 9A Year Requested:2023, $ 104,000 $ 104,000 $ - $ - $ - TRL CM-11 Incomplete in FY 21,22,& Incomplete In FY 21,22,&23 Priority:FEMA Repair 23.Funding requested for FY26 for Amount Requested:$272.9K TRL CM-11.Per CC wrksp S/18 CF$ FY 23-27 PLAN YEAR:2029 maybe leveraged for the completion Department:Public Works of TRL CM-4,if partnership can be Staff:Eric 2legenfLiss ured. Greenbek Merrill Park Staff..to$100K[a PW CM-8: 26 TRL CM-4 Greanbek Merrip Year Re ested:2023amyl's/untied R••to cover current stimate qu $ 104,00(1 To be derermMed wtth Sfrom lilt Priority:Planned Replacement Amount Requested:$180K FY 23-27 PLAN YEAR:202$ 5 THIS REQUEST . . . FY 2024-2028 Capital Plan Modification No.2 9-26-23 12-18-23 Balance Rank CM# Project Name Approved Adjustment Forward 4 PW CM-17 Jackson House $100,000.00 $ 4,310.00 $104,310.00 21/26 TRL CM-11 FEMA Trail Repair#4/Merrill Greenbelt* $ 59,804.72 $ (4,310.00) $ 55,494.72 *Previously reduced by 380,195.28 in Modification No.2 approved 12/12/23 Policy Implication: FEMA Trail Repair#4 will require additional funding and re-prioritization in the FY 25-29 Capital Planning process. 6 3 12/27/2023 STAFF REQUEST Staff is requesting the Eagle City Council's approval of Modification No. 3 to the FY 2024-2028 Capital Plan adopted on September 26, 2023: To increase the funding of PW CM-17: Orville Jackson House through the transfer of $4,310.00 from TRL CM-1 1 : FEMA Trail Repair 4A. 7 Cityof Eagle Drys �► I$ a efi Citizens Academy IDAHO Purpose:The Citizens Academy is a chance for residents to learn more about their city government and become more connected to their community. This seven to nine-week program is an excellent way to educate residents, build positive relationships, increase communication between government officials and citizens, and inspire future municipal leaders and volunteers. Structure:The classes are typically held on Wednesday evenings for from 6:30- 9:00 p.m. beginning in September. Each night focuses on a different facet of local government ranging from finance/budget, public safety, parks and recreation, and planning. Citizens will be asked to commit to attending a minimum of 7 sessions. Development: Each department will work with the Council lead and LRPP to draft a presentation and materials that explain the essential duties and functions of their department and the uniquely Eagle or Idaho facets of their job. Tentative Session Topics: Session 1 (XX/XX) Introduction, History, &Administration (Clerk/Mayor/Council) Session 2 (XX/XX) Finance &Capital Projects(Treasurer/LRPP) Session 3 (XX/XX) Committee, Commissions& Boards and Communications (Clerks, PIO, IT) Session 4 (XX/XX) Recreation, Historic Preservation, and Arts(HP/Recreation) Session 5 (XX/XX) Public Works& Parks (Public Works) Session 6(XX/XX) Police & Fire (ACSO/EFD) Session 7(XX/XX) Planning,Zoning, Comprehensive Plan &Code Compliance (Planning/LRPP) Session 8 (XX/XX) Design Review& Building Department (Planning& Building) Session 9 (XX/XX) Economic Development& Public Hearings (Economic Development/City Attorney) TBD City Council Recognition at the completion of the academy. Academy members win: o Have the opportunity to meet City Council members,department heads, and staff. o Learn about the structure of municipal government in Idaho. o Learn how decisions are made, how city funds are allocated, and how departments operate. o Enjoy comprehensive overviews of departments, programs, and services. o Discover the current status and plans for development and programming in Eagle. o Expand their knowledge and become more informed on current issues and proposed projects within the City. o Participate in lively discussions, role-playing, and other fun interactive activities. o Tour city facilities. o Become informed, involved citizens Registration: Sign ups can be accommodated through laser fiche forms. For the first year it is recommended that the program be capped at 20-porticeponts. Registration should close a month-ahead °w*.--�..ml ► ` ._A City of Eagle ,,_ Ca 4. Citizens Academy of the academy and a wait list will be used to fill spaces on an as needed basis. If requested the program could be opened to High School age students and/or Eagle business owners. Requirements • City of Eagle resident • Registered Voter • 21 or Older Citizens will be asked to commit to attending a minimum of 7 sessions. It is recommended that the Citizens Academy be given annually to a Council member as a Council assignment. The assigned Council member will review the materials for each year and make recommendations for changes to the Council and City staff. Council Approval of draft format Meetings to scope departmental presentations and participation.