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Agenda - 2024 - City Council - 07/23/2024 - Regular - AmendedTHE CITY OF EAGLE CITY COUNCIL AMENDED AGENDA Eagle City Hall, 660 E. Civic Lane, Idaho July 23, 2024 5:30 PM *Indicates Added Item. 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 the month of June 2024 and for the Quarter Ending June 30, 2024. (KR) June 2024 Monthly Financial Statements Quarterly Financial Statements Ending June 30, 2024 C. Eagle Police Department D. City Attorney 6. CONSENT AGENDA: ALL CONSENT AGENDA ITEMS ARE CONSIDERED ACTION ITEMS . 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 June 25.2024. (TEO) C. Minutes of June 26.2024. (TEO) D. Minutes of July 3.2024. (TEO) E. Reappointment to the Eagle Design Review Board: In accordance with Resolution 23-17, Mayor Pike is requesting Council Confirmation of the reappointment of Robert Grubb to the Design Review Board. Mr. Grubb will be serving a three (3) year term that will expire in July 2027. (BKP) F. Development Agreement for RZ-01-23 — Capella Estates Subdivision — Laren Bailey: Council authorization for Mayor to execute the development agreement associated with Capella Estates Subdivision. The 54.24-acre site is located on the north side of West State Street across from the intersection of North Riverview Street and West State Street. (MJW) Capella Estates Subdivision - Development Agreement G. Findings of Fact and Conclusions of Law for the Approval of A-06-23/RZ-12-23/CU-12-23/PPUD- 04-23/PP-08-23 — Annexation. Rezone. Conditional Use Permit. Preliminary Development Plan and Preliminary Plat for Wildernest River Subdivision — Toby and Linda Williamson: Toby and Linda Williamson, represented by Stephanie Hopkins with KM Engineering, LLP, are requesting an annexation, rezone from RP (Rural Preservation — Ada County designation) to R-2-DA-P (Residential with a development agreement — PUD) conditional use permit, preliminary development plan, and preliminary plat approvals for Wildernest River Subdivision, a 119-lot (108-buildable, 11-common) planned unit development. The 88-acre site is located at the terminus of South Isla Del Rio Way, South Lago Way, and South Riparian Way at 850 and 856 East Williamson Lane. (MJW) Wildernest River Subdivision - Findings of Fact and Conclusions of Law H. Acceptance of Easement Agreement Between Steve E. Roth and the City of Eagle: An easement granted by Steve Roth over and across subject property for access to maintain and repair a historic plaque from time to time. The subject property is generally located in Aikens Condominium, Lot 4 and a portion of Lot 5 of Schmelzer Addition. (ACD) I. DR-2024-31 - Common Area Landscaping within Northern Lights Subdivision - Kathleen and Scott Hendricks: Kathleen and Scott Hendricks, represented by Stephanie Hopkins with KM Engineering, LLP, is requesting design review approval of the common area landscaping within Northern Lights Subdivision. The 4.53-acre site is located on the southeast corner of North Rocket Bar Road and East Beacon Light Road at 2636 North Rocket Bar Road. (BAW) Northern Lights Findings Design Review J. DR-2024-26 - Common Area Landscaping within Oakwood Meadows Subdivision - Buffalo HUMD. LLC: Buffalo Hump, LLC, represented by Sanel Tucakovic, is requesting design review approval for the common area landscaping within Oakwood Meadows Subdivision. The 2.8-acre site is located on the north side of West Oakhampton Drive approximately 200-feet east of the intersection of West Oakhampton Drive and South Mallard Wing Way at 1920 West Oakhampton Drive. (ERF) Oakwood Meadows Subdivision Landscaping Action Design Review K. Findings of Fact and Conclusions of Law for the Denial of CUP-2024-02 — Conditional Use Permit for Highland Homes Events — Highland Executive Offices. LLC: Kathy Wilkins with Highland Executive Offices, LLC is requesting conditional use permit approval for a "Live Entertainment Events" facility for weddings, receptions, and similar events. The approximately .97-acre site is located on Lot 24, Block 4, Mixed Use Subdivision No. 5 within Eagle River Development at 1015 South Bridgeway Place. (HSD) *This item was continued from the July 9, 2024, City Council meeting. Highland Homes Event Center Conditional Use Permit - Findings of Fact and Conclusions of Law L. Eagle Urban Renewal Agency Olde Park Place Memorandum of Understanding (MOLT) for Cost Sharing With The City Of Eagle: A MOU for construction and corresponding right of way acquisition costs for the extension of Old Park Place wherein the Eagle Urban Renewal Agency will reimburse the City of Eagle an amount not to exceed $950,000.00. (NBS) M. *Eagle Shooting Sports Park Professional Services Addendum No.2: Approval of the second addendum to the professional services agreement with TRS Range Services, LLC for the additional excavation, compaction and subbase for the access road to address unforeseen geotechnical issues found during construction in an amount not to exceed $15,102.00. (NBS) 7. UNFINISHED BUSINESS: NONE 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. 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. (MJW) East End Marketplace - Development Agreement Modification B. CU-11-21 MOD/PPUD-08-21 MOD — Planned Unit Development Modification — Little Feather Eagle, LLC: Little Feather Eagle, LLC, represented by Katie Miller with Bailey Engineering, is requesting planned unit development modification approval to reduce the rear yard setback from 30-feet to 20-feet within Soaring Feather Subdivision. The 17-acre site is located approximately 2,000 feet south of Beacon Light Road between Linder Road and Park Lane at 4807 West Little Feather Lane. This item was continued from the July 9, 2024 meeting. (MJW) Soaring Feather Subdivision - PUD Modification C. VAC-2024-01 — Vacation to the Final Plat of Lexington Hills Subdivision No. 2 — William and Marie Zacharda: William and Marie Zacharda are requesting a partial vacation of the public and private utilities, drainage, and irrigation facilities easement located within Lot 1, Block 10, Lexington Hills Subdivision No. 2. The 42-acre site is located at the northwest corner of East Daylesford Court and North Parkforest Way at 1746 East Daylesford Court. (MJW) Lexington Hills No. 2 Final Plat - Easement Vacation D. CUP-2024-03 — Conditional Use Permit for Freedom Academy — Ashley Meyer, Freedom Academy. LLC: Ashley Meyer with Freedom Academy is requesting conditional use permit approval to operate a private school and playground. The 1.61-acre site is located on the south side of East Winding Creek Drive approximately 68-feet west of Academy Avenue at 1173 and 1275 East Winding Creek Drive. (HSD) Freedom Academy - Conditional Use Permit for a Private School and Playground 9. NEW BUSINESS: A. ACTION ITEM:• Ordinance 934 - Rezone Ordinance - Northern Lights Subdivision: An ordinance changing the zoning classification of said real property described herein from A-R (Agricultural - Residential) to R-E-DA (Residential -Estates 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. 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) Ordinance 934 - Northern Lights Subdivision B. ACTION ITEM: Ordinance 936 - Annexation and Rezone Ordinance - Headauarters Subdivision: 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 R-3-DA-P (Residential 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. 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) Ordinance 936 - Headquarters Subdivision C. ACTION ITEM: Ordinance 937 - Annexation and Rezone Ordinance - Everton Subdivision: 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 R-1-DA-P (Residential with a development agreement — PUD), R-4-DA-P (Residential with a development agreement — PUD), R-6-DA-P (Residential with a development agreement — PUD), and C-2-DA-P (General Business District with a development agreement — PUD); 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. The 76.85-acre site is located at the northeast corner of State Highway 44 and North Palmer Lane. (MJW) Ordinance 937 - Everton Subdivision D. ACTION ITEM: ACHD 2025-2029 Integrated Five Year Work Program: Review and direct staff to prepare comments on the ACHD Draft 2025-2029 Integrated Five Year Work Program. (NBS) 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: (c) To acquire an interest in real property which is not owned by a public agency; and (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. ACTION ITEM: Action regarding the acoiiisition of property. B. ACTION ITEM: 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.