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Agenda - 2024 - City Council - 05/14/2024 - Regular THE CITY OF EAGLE CITY COUNCIL AGENDA Eagle City Hall, 660 E. Civic Lane, Idaho May 14, 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. RECOGNITION: A. American Eagle Award Presented to Deputy yan Vail: The City would like to honor the acts of bravery and self sacrifice in the line of duty of Deputy Ryan Vail of the Eagle Police Department/Ada County Sheriff s Office and present him with the 2024 American Eagle Award. (BKP) 6. REPORTS: A. Mayor and Council B. Department Supervisor C. Eagle Police Department D. City Attorney 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 April 3,2024. (TEO) C. Minutes of April 9,2024. (TEO) D. Minutes of April 26,2024. (TEO) E. Minutes of April 29,2024. (TEO) F. Development Agreement for RZ-11-23 —Oakwood Meadows Subdivision—Buffalo Hump,LLC: Council authorization for Mayor to execute the development agreement associated with the rezone from R-E (Residential Estates)to R-2-DA(Residential with a Development Agreement). The 2.8-acre site is located at the north side West Oakhampton Drive approximately 200-feet east of the intersection of Wes Oakhampton Drive and South Mallard Wing Way at 1920 West Oakhampton Drive. (HSD) G. Findings of Fact and Conclusions of Law for the Approval of RZ-09-23 & PP-06-23—Rezone and Preliminary Plat for Northern Lights Subdivision—Kathleen and Scott Hendricks: Kathleen and Scott Hendricks,represented by Stephanie Hopkins with KM Engineering,LLP, is requesting a rezone from A-R(Agricultural-Residential) to R-E-DA(Residential-Estates with a development agreement [in lieu of a conditional use permit]), and preliminary plat approvals for Northern Lights Subdivision, a 2-lo, (2-buildable)residential subdivision. The applicant is also requesting waivers of the sidewalk, front setback of the existing dwelling, and streetlights. The approximately 4.52-acre site is located at the southeast corner of East Beacon Light Road and North Rocket Bar Road at 2636 North Rocket Bar Road. (MJW) Findings of Fact for Northern Lights Subdivision H. FP-2024-03—Final Plat for Hevostila Subdivision—Criterion Land Management—Kody Daffer: Criterion Land Management—Kody Daffer,represented by Nicolette Womack with Kimley-Horn, is requesting final plat approval for Hevostila Estates Subdivision, a 38-lot(32-buildable, 6-common) residential 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. (KDO) Final Plat for Hevostila Subdivision L DR-2024-09—Common Area Landscaping and Amenities within Everton Subdivision—TH Lost River,LLC: TH Lost River, LLC,represented by Stephanie Hopkins with KM Engineering, LLC, is requesting design review approval of the common area landscaping, clubhouse,pool,mailbox cluster, and irrigation pump house within Everton Subdivision. The 76.85-acre site is located on the northeast corner of State Highway 44 and North Palmer Lane at 320 North Palmer Lane(Ada County Assessor parcel numbers SO410427820 and SO410438600). (BAW) Everton Subdivision Landscape Findings Action Design Review J. FP-2023-02-EXT1 —Final Plat Extension of Time for Farmstead Landing Subdivision No. 1 — Boise Hunter Homes: Boise Hunter Homes,represented by Katie Miller with Bailey Engineering Inc., is requesting a one(1)year extension of time for the final plat for Farmstead Landing Subdivision No. 1, a 65-lot(52-buildable, 13-common)residential subdivision. The 33.35-acre site is located on the north side of West Floating Feather Road between North Park Lane and North Linder Road. (HSD) Farmstead Landing Subdivision No. 1 Staff Packet K. DR-2022-75-MOD1 -Modification to the Common Area Landscaping and Amenities within Benari Estates Subdivision-Eagle 1 LLC: Eagle 1 LLC,represented by Laren Bailey, is requesting design review approval to modify the common area landscaping and amenities within Benari Estates Subdivision. The 35.29-acre site is located at the northeast corner of West State Street and North Ballantyne Lane at 1770 West State Street. (ERF) Benari Estates Subdivision Landscaping Action Design Review L. User Agreement Between Ci , of Eagle and Idaho BMX,Inca A User Agreement between the City of Eagle and Idaho BMX,Inc for the use of 6.61 acres of the Ada-Eagle Sports Complex. (ELZ) M. Professional Services Agreement Between the Ci , of Eagle and Committed Events LLC : A Professional Services Agreement between the City of Eagle and Committed Events LLC to provide audio visual production services for City of Eagle events. Compensation shall be paid for services in an amount not to exceed$8000.00. (JDH) N. Live Performance Agreement Between the Ci , of Eagle and Boise Modern Chinese School,Inc.: A Live Performance Agreement between the City of Eagle and Boise Modern Chinese School,Inc to perform at Eagle Saturday Market at Eagle City Hall. Compensation shall be at a rate of$350.00 for specified event. (JDH) O. Temporary Noise Ordinance Waiver Request: Eagle Rodeo is requesting a noise waiver for the Eagle Rodeo event happening on June 5 -June 8, 2024, at the hours of 5:00 p.m. - 12:00 a.m. The event is being held at 8660 West Equest Lane, Eagle,Idaho. (TEO) Eagle City Code Title 4 Chapter 9 P. Temporary Noise Ordinance Waiver Request: Kaitlyn Austin is requesting a noise waiver for a wedding event on July 20, 2024, at the hours of 4:00 p.m. - 12:00 a.m. The event is being held at the Cottage at Riverbend located at 2811 West State Street, Eagle, Idaho. (TEO) Eagle City Code Title 4 Chapter 9 Q. Water Feasibility Study greement: Steve Barbey representing Idaho Land Holdings,LLC is seeking approval of a water feasibility study for 660-acres located north of Beacon Light Road and east of North Willow Creek Road and outside of the incorporated city limits of the City of Eagle. (NBS) R. Reimbursement Agreement Between the Cijy of Eagle and Element Design Build LLC: Element Design Build LLC,represented by Deborah E.Nelson with Givens Pursley LLP,is requesting City Council approval of a reimbursement agreement for costs associated with the review and consideration of development submittals by appropriate land use planners, legal counsel, engineers and/or other consultants as may be retained by the City for evaluation of the 959-acre property located within the Eagle foothills generally located northwest of the intersection of State Highway 55 and Brookside Lane. (WEV) S. Permanent Pathway Easement Agreement Between the Ci , of Eagle and Middelton Mill Ditch Company,Middleton Irrigation Assocation,Inc. and Foot Hill Ditch Company for a Public Pathway within Snoqualmie Basin Subdivision: Middelton Mill Ditch Company,Middleton Irrigation Assocation,Inc. and Foot Hill Ditch Company is requesting approval of a permanent pathway easement agreement for the public pathway located within Snoqualmie Basin Subdivision. The 12.84- acre site is located at the southwest corner of West Floating Feather Road and North Palmer Lane at 1833 North Palmer Lane. (MJW) T. Findings of Fact and Conclusions of Law for the Approval of FPUD-11-23 & FP-19-23—Final Development Plan and Final Plat for Millstone Farms Subdivision No. 2—Seddie Eagle,LLC: Seddie Eagle, LLC,represented by Tamara Thompson with The Land Group,Inc., is requesting final development plan and final plat approvals for Millstone Farms Subdivision No. 2, a 131-lot(123- buildable, 8-common),residential subdivision. The 22.75-acre site is located on the northwest corner of North Palmer Lane and West Floating Feather Road. (HSD) Findings of Fact and Conclusions of Law for Millstone Farms Subdivision No. 2 U. Findings of Fact and Conclusions of Law for the Approval of FPUD-08-23 & FP-15-23—Final Development Plan and Final Plat for Alscott Rocking A Ranch Subdivision—Alscott Real Estate, LLC: Brian Scott—Alscott Real Estate,represented by Rodney Evans is requesting final development plan and final plat approvals for Alscott Rocking A Ranch Subdivision, a 40-lot(34-buildable, 6- common)residential planned unit development. The 171.9-acre site is located on the east side of North Eagle Road, approximately 1,300 feet north of East Beacon Light Road. (HSD) Findings of Fact and Conclusions of Law for Alscott Rocking A Ranch Subdivision V. Dedication of a Public Access Easement by Avimor Developmen t,LLC: Avimor Development, LLC,is dedicating a perpetual,non-exclusive access easement for the limited purpose of allowing the public to utilize the public trail improvements as noted in the agreement. Through this agreement, Avimor Development,LLC grants SWIMBA(Southwest Idaho Mountain Biking Association) a perpetual, non-exclusive easement over the easement area for the purpose of designing, installing, and maintaining an adaptive trail(public trail improvements)located within the Avimor Boise County Phase 1 Subdivision. The site is generally located at the northeast corner of the intersection of Howell Road and Kirsten Way, approximately 2,400-feet east of the intersection of State Highway 55 and North McLeod Way. (DLM) Declaration of Easement for Public Trail System-Avimor- SWIMBA Adaptive Trail W. Independent Contract Agreement Between the Cijy of Eagle and Outdoor Event Group,LLC: An Independent Contract Agreement between the City of Eagle and Outdoor Event Group,LLC to organize and operate the parade for Eagle Fun Days. Compensation shall be at a rate of$15,000. (JDH) X. Live Performance Agreement Between the Ci , of Eagle and Casey McMullen: A Live Performanc Agreement between the City of Eagle and Casey McMullen to perform at Eagle Saturday Market at Eagle City Hall. Compensation shall be at a rate of$250.00 for specified event. (JDH) Y. Live Performance Agreement Between the City of Eagle and Charlie Ferchau: A Live Performancf Agreement between the City of Eagle and Charlie Ferchau to perform at Eagle Saturday Market at Eagle City Hall. Compensation shall be at a rate of$250.00 for specified event. (JDH) Z. Live Performance Agreement Between the Ci , of Eagle and Steve"The Musicman" Ceti: A Live Performance Agreement between the City of Eagle and Steve"The Musicman"Celi to perform at Eagle Saturday Market at Eagle City Hall. Compensation shall be at a rate of$250.00 for specified event. (JDH) AA. Live Performance Agreement Between the Ci , of Eagle and Samantha Scott: A Live Performance Agreement between the City of Eagle and Samantha Scott to perform at Eagle Saturday Market at Eagle City Hall. Compensation shall be at a rate of$250.00 for specified event. (JDH) AB. Live Performance Agreement Between the Cie of Eagle and Nick Mattera: A Live Performance Agreement between the City of Eagle and Nick Mattera to perform at Eagle Saturday Market at Eagle City Hall. Compensation shall be at a rate of$250.00 for specified event. (JDH) AC. Professional Services Agreement Between the Ci , of Eagle Idaho and SAFEbuilt,LLC : A Professional Services Agreement between the City of Eagle and SAFEbuilt, LLC for commercial and residential plan review and inspection services. (SJN) AD. Municipal Park Lease Agreement Between the Cijy of Eagle and James Holtzclaw: A Municipal Park Lease Agreement between the City of Eagle and James Holtzclaw owner of Local Idaho Creamery, LLC to lease space for selling ice cream at Merrill Park. The season will run June- September of 2024 and the monthly lease will not exceed$701.00 monthly.(TEO) AE. Municipal Park Lease Agreement Between the Cie of Eagle and Stacey Kratkin: A Municipal Par_ Lease Agreement between the City of Eagle and Stacey Kratkin owner of Chill Time, LLC dba: Chill Time 208 to lease space for selling concessions at Guerber Park. The season will run June- September of 2024 and the monthly lease will not exceed$600.00 monthly. (TEO) 8. UNFINISHED BUSINESS: A. ACTIONITEM.• Reconsideration to Allow a Change of Vote and Request Further Proceedings Regarding RZ-11-15 MOD—Development Agreement Modification for East End Marketplace— TPC Commercial,LLC: TPC Commercial, LLC,represented by Zach Turner with Rennison Design, is requesting a development agreement modification(development agreement in lieu of a conditional use permit) to modify the conditions of development and concept plan contained within the executed development agreement. The 15.55-acre site is generally located on the east side of South Edgewood Lane between East State Street and State Highway 44. (MG) B. ACTIONITEM.• Reconsideration of the Approval of RZ-11-15 MOD to Review the Building Architecture and New Building Elevations as Part of the Development Agreement Modification for East End Marketplace—TPC Commercial,LLC: TPC Commercial, LLC,represented by Zach Turner with Rennison Design, is requesting a development agreement modification(development agreement in lieu of a conditional use permit)to modify the conditions of development and concept plan contained within the executed development agreement. The 15.55-acre site is generally located on the east side of South Edgewood Lane between East State Street and State Highway 44. (MM) RZ-11-15 MOD East End Marketplace C. ACTION ITEM- Ordinance 921 -Amending the Number of Urban Renewal Agency Board Members and Identifying Seats and Terms for Each: An Ordinance Of The City Of Eagle,Ada County,Idaho,Amending Ordinance 833 Identifying The Number Of Board Members,And Establishing Terms For Same;A Savings And Severability Clause;Providing A Repealer Clause; Providing For Publication By Summary;And Providing An Effective Date. Ordinance 921 Amending number of URA Members and Establishing Terms Updated Ally Reviewed D. Dog License Fees: Staff is seeking Council direction for dog license fees for one and two year licenses so that a public hearing can be noticed for the new or changed fees. (TEO) 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. CU-12-17 MOD/PPUD-06-17 MOD—Planned Unit Development Modification for Brookway Subdivision No. 4—Biltmore Company Biltmore Company is requesting a planned unit development modification to permit a reduced side yard setback for a two-story structure located within Lot 16, Block 6,Brookway Subdivision No. 4. The request is to reduce the side yard setback of a two-story structure from 10-feet to 7.5-feet. The .39-acre site is located at 2805 North Synergy Avenue, Eagle ID 83616. (KDO) Staff Packet for Brookway PPUD MOD Brookway Sub PPUD MOD ME B. A-03-18/RZ-05-18 &PP-04-18—Annexation,Rezone and Preliminary Plat for Headquarters Subdivision—Madera Development,Inc.: Madera Development,Inc.,represented by Jon Breckon and Gregg Davis with Breckon Land Design,is requesting an annexation,rezone from RUT (Rural- Urban Transition—Ada County designation)to R-3-DA(Residential with a development agreement [in lieu of a PUD]), and preliminary plat approvals for Headquarters Subdivision, a 23-lot(20-buildable, 3- common)residential subdivision. The 10-acre site is located on the south side of West Floating Feather Road at the southwest corner of West Floating Feather Road and North Lanewood Road at 5655 West Floating Feather Road. (MJW) Staff Packet for Headquarters Subdivision 10. NEW BUSINESS: A. ACTION ITEM: Ordinance 916-Idaho Power Franchise Agreement: An Ordinance In Accordance With Idaho Code 50-328, 50-329 And 50-329a Granting A Franchise To Idaho Power Company,A Corporation,And To Its Successors And Assigns,To Construct, Maintain And Operate In And Upon The Present And Future Streets,Highways And Other Public Places Within The Corporate Limits Of The City Of Eagle,Idaho,Electric Utility Property And Facilities For Supplying Electricity And Electric Service To The City,The Inhabitants Thereof,And Others For A Term Of 25 Years, Including The Nonexclusive Right To Physically Locate And Maintain Telephone, Cable,Fiber Optics Or Other Communications Facilities; Setting Forth An Agreement Not To Compete, Reserving Power Of Eminent Domain;Providing For The Payment Of Franchise Fees;And Specifying Other Limitations,Terms And Conditions Governing The Exercise Of Said Franchise. (TEO) Ordinance 916 -Idaho Power Franchise Agreement- 03-26-24 Ordinance 916 - Staff memo 05-02-24 B. ACTIONITEM: Discussion Regarding Adopting a Rules of Civility,Rules of Decorum at Public Meetings Ordinance. (VV) City of Sandpoint-Rules of Civility and Rules of Decorum at Public Meetings Code 11. PUBLIC COMMENT: 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.