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Agenda - 2024 - City Council - 02/13/2024 - Regular THE CITY OF EAGLE CITY COUNCIL AGENDA Eagle City Hall, 660 E. Civic Lane, Idaho February 13, 2024 5:30 PM INVOCATION 1. CALL TO ORDER 2. ROLL CALL: GINDLESPERGER,KVAMME,MAY,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 January 2024. (KR) C. Eagle Police Department D. City Attorney 6. 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 eacl speaker limit their comments to three (3)minutes. 7. 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 January9,2024. (TEO) C. Minutes of January 23,2024. (TEO) D. Minutes of January 29,2024. (TEO) E. Authorization of Payment for Costs Relating to the Eagle Mayoral Run-Off: Staff is requesting Council authorization for the payment of$128,254.25 to Ada County for administration costs associated with the administration of the December 5, 2023,Eagle Mayoral Run-Off Election. Staff is requesting Council approval of the use of ARPA funds for this expense. (TEO) 2023 Mayoral Run-Off Election invoice F. Resolution 24-01 -Amending the Invocation Policy A Resolution of the City Council of the City of Eagle,Ada County,Idaho, amending Resolution No. 18-21, a Policy for Invocations Before Meetings of the Eagle City Council;providing this Resolution to be effective upon its passage and approval. (TEO) Resolution 24-01 Amending the Invocation Policy Resolution 24-01 Amending the Invocation Policy(Clean) Resolution 24-01 Memo.docx G. Findings of Fact and Conclusions of Law for the Denial of A-02-23/RZ-03-23/PP-03-23— Annexation,Rezone,and Preliminary Plat for Huntridge Subdivision—BPS Palmer Lane,LLC: BPS Palmer Lane,LLC, Shannon Ely,represented by Kindi Moosman with Horrocks Engineers, is requesting an annexation,rezone from RUT (Rural-Urban Transition—Ada County designation)to R-6- DA(Residential with a development agreement[in lieu of a PUD]), and preliminary plat approvals for Huntridge Subdivision, a 73-lot(58-buildable [5 single-family detached, 53 single family attached], 15- common)residential subdivision. The 10-acre site is located on the west side of North Palmer Lane approximately 445-feet south of the intersection of West Beacon Light Road and North Palmer Lane at 3101 North Palmer Lane. (MJW) H. Findings of Fact and Conclusions of Law for the Approval of FPUD-05-23 & FP-11-23 —Final Development Plan and Final Plat for Carp Ranch Subdivision—Gemshore Eagle RE,LLC: Gemshore Eagle, LLC,represented by Kevin Froehlich,P.E.,with KM Engineering, LLP, is requesting final development plan and final plat approvals for Carp Ranch Subdivision, a 76-lot(69-buildable and 7-common)residential subdivision. The 34.57-acre site is located on the south side of West Floating Feather Road approximately 500-feet west of the intersection of North Cove Colony Way and West Floating Feather Road. (MJW) Findings of Fact for Carp Ranch I. DR-42-98 MOD-Building Addition to the Banbury Meadows Golf Course Clubhouse Building- Banbury Meadows LLC: Banbury Meadows LLC,represented by Jay Gibbons with South Beck and Baird,is requesting design review approval to construct a 2,901-square foot building addition to the Banbury Meadows Golf Course clubhouse building to include an indoor golf simulator. The 75.02-acre site is generally located 370-feet west of North Eagle Road between West Oakhampton Drive and West Colchester Drive at 2626 South Marypost Place. (BAW) Banbury Meadows Golf Simulator Building Addition Action Design Review J. DR-74-23 -Common Area Landscaping within Hevostila Estates Subdivision-Criterion Land Management: Criterion Land Management,represented by Nicolette Womack with Kimley-Horn, is requesting design review approval for the common area landscaping within Hevostila Estates Subdivision. The 12.14-acre site is located on the south side of East Floating Feather Road approximately 355-feet west of the intersection of North Falling Water Avenue and East Floating Feather Road at 2385 East Floating Feather Road. (ERF) Hevostila Estates Subdivision Landscaping Action Design Review K. DR-75-23 -Four Subdivision Monument Signs for Hevostila Estates Subdivision-Criterion Land Management: Criterion Land Management,represented by Nicolette Womack with Kimley-Horn, is requesting design review approval for four subdivision monument signs for Hevostila Estates Subdivision. The 12.14-acre site is located on the south side of East Floating Feather Road approximately 355-feet west of the intersection of North Falling Water Avenue and East Floating Feather Road at 2385 East Floating Feather Road. (ERF) Hevostila Estates Subdivision Signage Action Design Review L. ACHD Cost Share Agreement for Downtown Mobility Improvements-Phase 1: Approval of the Cost Share Agreement between the City of Eagle and ACHD for the City requested improvements (enhanced sidewalks, street trees, streetlights, City fiber, etc.),in amount not to exceed$410,000. (NBS) 8. UNFINISHED BUSINESS: NONE 9. 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. RZ-04-17 MOD3—Development Agreement Modification for Bronco Acres Subdivision— Mustang Crossing Eagle,LLC: Mustang Crossing Eagle,LLC,represented by Stephanie Hopkins with KM Engineering,LLP, is requesting a modification to the rezone development agreement associated with Bronco Acres Subdivision. The request is to modify Condition of Development#3.12, removing the requirement to construct a six-foot(6')high pre-cast concrete fence located adjacent to the northern boundary of the property. The 9.84-acre site is located at the northeast corner of North Park Lane and State Highway 44. (MJW) RZ-04-17 MOD3 Bronco Acres B. CU-07-23—Conditional Use Permit for a Restaurant(with drive-through)—Landmark Pacific Investors.LLC: Landmark Pacific Investors,LLC,represented by Andrew Newell with BAWCE, is requesting conditional use permit approval for a restaurant(with drive-through)within a MU-DA (Mixed Use with development agreement)zoning district. The 2.84-acre site is located at the northeast corner of State Highway 44 and West State Street. (MJW) CU-07-23 Eagle Point Commercial C. ZOA-03-23—Zoning Ordinance Amendment(Ordinance 907)—Building Contractors Association of Southwest Idaho: An ordinance of the City of Eagle,Ada County,Idaho, amending Eagle City Code Title 8 "Zoning Administration and Enforcement", Section 8, `Notice Requirements";providing a severability clause; and providing an effective date. (WEV) ZOA-03-23 Ordinance 907 Staff Packet 10. NEW BUSINESS: A. ACTION ITEM: Ordinance 912—Annexation and Rezone Ordinance—West Old Valley LLC: 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); 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. (MJW) Ordinance 912 Old Valley Flex Park B. ACTIONITEM: Fiscal Year 2024-2028 Capital Plan Modification No.4: Staff is requesting the Eagle City Council's review and approval of Modification No.4 to the FY 2024-2028 Capital Plan adopted on September 26,2023, to include a new project request,POL CP-02: Weaponry Purchase to allow for the purchase of law enforcement weaponry for two new deputies in FY 24. Funds will be allocated for the Police Impact Fees. (NBS) FY 24 Modification No 4 ALSO Requesting Weapons Funding C. Discussion of First Quarter Fiscal and Capital Project Review. (NBS) 11. 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. 12. 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. 13. 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.