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Minutes - 2024 - City Council - 06/25/2024 - RegularEAGLE CITY COUNCIL MEETING MINUTES June 25, 2024 1. CALL TO ORDER: Mayor Pike calls the meeting to order at 5:30 p.m. 2. ROLL CALL: Present: GINDLESPERGER, MAY, RUSSELL, KVAMME. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Mayor Pike leads the Pledge of Allegiance. 4. ADDITIONS, DELETIONS OR MODIFICATIONS TO THE AGENDA: None 5. PRESENTATION: A. Star Fire Protection District Presentation: A presentation by Star Fire Protection district requesting the City of Eagle to collect fire impact fees for service addresses within Eagle Fire Protection District. Mayor Pike introduces the item. Nichoel Baird Spencer, Director of Long -Range Planning and Projects introduces Star Fire Chief and their Consultant from Tischler-Bise Galena. Colin McAweeney, Tischler-Bise Galena, Mr. McAweeney reviews Idaho Statute regarding development impact fees, the assessment and collection of the same. The analysis conducted for Star Fire resulted in an impact fee of $2,152 for new single-family units, $1,227 for multifamily units, fees are also proposed for commercial developments and vary based on the type, retain office, industrial or institutional. Baird -Spencer states that a Comprehensive Plan amendment, presentation to the Development Impact Fee Advisory Committee as well as City Council is needed in order for the City of Eagle to begin collecting fees on behalf of Star Fire District. Council consensus is to have staff begin the process of moving the request through the appropriate processes. 6. REPORTS: A. Mayor and Council: Mayor Pike notes there has been a great deal of public concern regarding illegal immigration and the desire for the passage of a resolution. Legal Counsel review is currently being conducted on the draft resolution; it is our intent to place this on the July 9th regular meeting agenda. Mayor Pike attended the Association of Idaho Cities Conference last week. He also met with the new ACHD Director. Mayor Pike participated in the kickoff session of the Blue Cross Community Foundation, with the intent to access grant funds for the City. Three more podcasts have been completed with local taxing districts to provide information on how tax dollars are being used. Thanks to a suggestion by Council Member May the trolley will be available for a limited route at this weekend's Saturday Market. Gindlesperger attended the Library Board meeting, 56,000 items were circulated for the month they project 715,000 for the year. A policy was adopted addressing the new HB 716. Eagle Arts Advisory Committee met and selected artwork for the "Wish you were here" campaign. She attended the Eagle Fire District meeting where they approved the purchase of property for the construction of a new fire station near Crave on Eagle Road. May attended the COMPASS and ITD meetings. ACHD is having a "Pop Up" event at Albertson's this week. She also attended ACCEM meeting, they awarded several grants. She urges people to practice fire safety with the 4th of July coming up. Operation Thunder supports military personnel. Russell attended the Conservation Advisory Committee meeting. The Committee is working on compiling and prioritizing a list of projects. Russell states her recollection of the agenda discussion Page 1 K:\COUNCIL\M INUTES\2024\CC-06-25-24min.docx regarding the immigration resolution was different than the Mayors. The City Clerk was directed at that meeting to forward the resolution to the City Council for review should it be placed on a future agenda. She is pleased to hear tonight that it will be coming forward at the July 9th meeting. Kvamme reports on the Eagle Sewer District fee schedule. The Eagle Urban Renewal Agency agreed at their last meeting to partner with the City on the Olde State Street. He thanks the Mayor and Staff for the addition of the Trolley to the Saturday market route as it was initially a suggestion from a resident that it be utilized at the market. In addition, he is thankful that the illegal immigration resolution is moving forward. Kvamme appreciated the input from the public and assures them that they are being heard. B. Department Supervisor: City Clerk Osborn reports on reservation policies for the Senior Center and Community Hall that will be coming forward in July. The ordinance pertaining to the rules of civility and decorum ordinance will be brought before Council for action in July as well. Staff is striving to bring the donation policy forward in the very near future. In addition, Clerk/Treasurer personnel has issued 157 tree rebates distributing $15,000. Deputy Clerk Csencsits has been working on the Title VI policy in conjunction with ITD. Updates have been made to the City Clerk/Treasurer's webpage to improve useability and aesthetics as well. 1. City Treasurer, Financial Reports for May 2024. (KR) C. Eagle Police Department: Deputy Sebert is introduced by Chief Ruby. May thanks Deputy for his participation in the High Desert event. Kvamme also thanks him for his service and sacrifice for the community. Chief Ruby urges people to exercise patience with road construction, higher summer temperatures and various other factors. Be safe driving, as well as with fire safety. They did receive a grant for VIBE board which help coordinate law enforcement activities. D. City Attorney: No report. 7. 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 May 28, 2024. (TEO) C. Minutes of June 5, 2024. (TEO) D. Minutes of June 11, 2024. (TEO) E. Minutes of June 12, 2024. (TEO) F. Amendment No. 1 to the Independent Contractor Agreement Between the City of Eagle and Fred Fritchman: The Museum Director is requesting approval of Amendment No. 1 to the Independent Contract Agreement between the City of Eagle and Fred Fritchman to construct Founding Families case exhibit. (ACD) G. Appointment to the Eagle Parks, Pathways & Recreation Commission: In accordance with Resolution 23-17, Mayor Pike is requesting Council Confirmation of the appointment of Tyler Rackleff to the Parks, Pathways & Recreation Commission. Mr. Rackleff will be serving a vacated term that will expire in March 2026. (BKP) H. Reappointment to the Eagle Urban Renewal Agency - Seat 4: In accordance with Resolution 24-05, Mayor Pike is requesting Council Confirmation of the reappointment of Dale "Mac" McOmber to the City of Eagle Urban Renewal Agency. Mr. McOmber will be continuing to serve as Seat 4 for the Agency for a second two (2) year term that will expire in August of 2025. (BKP) Page 2 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-06-25-24min.docx I. Professional Service Agreement Between the City of Eagle and DJ Rory P, LLC: A Professional Service Agreement between the City of Eagle and DJ Rory P. LLC to provide DJ services conducted for three (3) City of Eagle events. Compensation shall be in an amount not to exceed $2400.00. (JDH) J. Live Performance Agreement Between the City of Eagle and Adele Rose: A Live Performance Agreement between the City of Eagle and Adele Rose to perform at Eagle Saturday Market at Eagle City Hall. Compensation shall be at a rate of $250.00 for specified event. (JDH) K. Live Performance Agreement Between the City of Eagle and Brook Faulk: A Live Performance Agreement between the City of Eagle and Brook Faulk to perform at Eagle Saturday Market at Eagle City Hall. Compensation shall be at a rate of $250.00 for specified event. (JDH) L. Live Performance Agreement Between the City of Eagle and Eagle Jazz Festival, Inc: A Live Performance Agreement between the City of Eagle and Eagle Jazz Festival, Inc. to perform at Eagle Saturday Market at Eagle City Hall. Compensation shall be at a rate of $250.00 for specified event. (JDH) M. Service Agreement Between the City of Eagle and Northwest Traffic Services: A Service Agreement between the City of Eagle and Northwest Traffic Services for Traffic Control Services for Eagle Fun Days in an amount not to exceed $9,317.70. (JDH) N. DR-2024-07 - Common Area Landscaping within Amberly Ranch Subdivision - Core Building Company: Core Building Company, represented by Fred Alexander, is requesting design review approval of the common area landscaping within Amberly Ranch Subdivision. The 11.81- acre site is located on the southwest corner of West Beacon Light Road and North Ballantyne Lane at 2141 West Beacon Light Road and 2793 North Ballantyne Lane. (BAW) O. DR-2024-18 - Common Area Landscaping within Tierpointe Subdivision - DRY Ventures: DRY Ventures, represented by Dave Yorgason with Tall Timber Consulting, is requesting design review approval of the common area landscaping within Tierpointe Subdivision. The 16.01-acre site is located on the north side of West State Street approximately 3,300-feet west of North Linder Road at 5800 West State Street. (BAW) P. DR-2024-19 - Subdivision Entry Monument Sign for Tierpointe Subdivision - DRY Ventures: DRY Ventures, represented by Dave Yorgason with Tall Timber Consulting, is requesting design review approval of a subdivision entry monument sign for Tierpointe Subdivision. The 16.01-acre site is located on the north side of West State Street approximately 3,300-feet west of North Linder Road at 5800 West State Street. (BAW) Q. DR-2022-39-MOD 1 - Modification to the Landscaping at Alliance Jui Jitsu - Alexandre Paiva: Alexandre Paiva, represented by John Day with Slichter/Ugrin Architecture, is requesting design review approval to modify the landscaping for the Alliance Jul Jitsu building. The 0.16-acre site is located on the southwest corner of South Wooddale Avenue and East Hill Road at 195 South Wooddale Avenue. (BAW) R. DR-2016-34-MOD2 - Modification to the Master Sign Plan for East End Marketplace - TPC Commercial, LLC: TPC Commercial, LLC, represented by Zach Turner with Rennison Design, is requesting design review approval to modify the master sign plan for East End Marketplace. The 15.5-acre site is generally located on the east side of South Edgewood Lane between State Highway 44 and East State Street inclusive of 650 and 750 South Edgewood Lane, 1801 East State Street, and 1780 and 1800 East State Highway 44. (BAW) S. Development Agreement for RZ-09-23 — Northern Lights Subdivision — Scott and Kathleen Hendricks: Council authorization for Mayor to execute the development agreement associated with the rezone from A-R (Agricultural -Residential) to R-E-DA (Residential -Estates with a development agreement). The 4.52-acre site is located at the southeast corner of East Beacon Light and North Rocket Bar Road at 2636 North Rocket Bar Road. (MJW) T. Findings of Fact and Conclusions of Law for the Approval of FPUD-2024-05 & FP-2024- 07 — Fina Development Plan and Final Plat for Carrara Estates Subdivision No. 2 — Toll Southwest, LLC: Toll Southwest, LLC, represented by Becky McKay with Engineering Solutions, LLP, is requesting final development plat and final plat approvals for Carrara Estates Subdivision No. 2, a 27-lot (20-buildable, 7-common) residential planned unit development. The 11.85-acre site Page 3 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-06-25-24min.docx is located on the north side of West Floating Feather Road approximately 2,280-feet west of North Eagle Road. (MJW) U. Findings of Fact and Conclusions of Law for the Approval of RZ-12-18 MOD — Rezone from R-E-DA to A-R-DA and Development Agreement Modification — Steve Bruneel: Steve Bruneel, represented by Tamara Thompson with The Land Group Inc., is requesting a development agreement modification and a rezone from R-E-DA (Residential -Estates with a development agreement) to A-R-DA (Agricultural -Residential with a development agreement) for a portion of the site (approximately 30-acres). The applicant is requesting a development agreement modification to update the concept site plan and conditions of development associated with the rezone. The 39-acre site is located on the northeast corner of West Homer Road and North Gooder John Lane at 4952 North Gooder John Lane. (Lot 4, Block 1 and Lot 5, Block 1, Bruneel Subdivision). (MJW) V. Findings of Fact and Conclusions of Law for the Approval of CU-11-23 — Conditional Use Permit for Bruneel Vineyards (Winery, Vinyard, Live Entertainment Events) — Steve Bruneel: Steve Bruneel, represented by Tamara Thompson with The Land Group Inc., is requesting a conditional use permit approval for a vineyard, winery, and live entertainment events such as holiday, business, office, birthday, wedding/engagement party, meeting fundraisers, and concerts. The 30-acre site is located on the northeast corner of West Homer Road and North Gooder John Lane at 4952 North Gooder John Lane (Lot 4, Block 1, and Lot 5, Block 1, Bruneel Subdivision). (MJW) W. Development Agreement for RZ-04-17 MOD2 — Bronco Acres Subdivision — Mustang Crossing Eagle, LLC: Council authorization for Mayor to execute the amended and restated development agreement associated with Bronco Acres Subdivision and Jacksons Convenience Store. The 9.84-acre site is located at the northeast corner of North Park Lane and State Highway 44. (MJW) X. GWC Capital, LLC - Acknowledgement of Re -recordation of Corrected Quit -Claim Deed: GWC Capital, LLC is requesting the City of Eagle's acknowledgement of the re -recordation of the corrected quit -claim deed (Ada County Instrument #2024-027326) associated with Valnova Spring Valley Subdivision No. 1. (DLM) Mayor Pike introduces the item. Council Russell requests item 7R be pulled. Deputy Planning and Zoning Administrator, Mike Williams requests item 7W be tabled. Russell moves to remand back to staff consent agenda item 7W. Seconded by Gindlesperger. GINDLESPERGER AYE; MAY AYE; RUSSELL AYE; KVAMME AYE. ALL AYE... MOTION CARRIES. Consent agenda item 7R. Russell states that as a new concept plan has not been approved, the approval of a signage master plan does not seem appropriate at this time. Discussion regarding consent agenda protocol. Gindlesperger moves to approve Consent Agenda items 7 A-X, excluding R and W. Seconded by May. GINDLESPERGER AYE; MAY AYE; RUSSELL AYE; KVAMME AYE. ALL AYE... MOTION CARRIES. Russell moves to table consent agenda item 7R as a concept plan has not been provided. Seconded by May. GINDLESPERGER AYE; MAY AYE; RUSSELL AYE; KVAMME AYE. ALL AYE... MOTION CARRIES. Page 4 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-06-25-24min.docx 8. UNFINISHED BUSINESS: A. Orville Jackson Property: Museum Director, Alana Dunn will present Mayor and Council with comments received from the Idaho State Historic Preservation Office regarding alterations to the Orville Jackson property which is currently listed on the National Register of Historic Places. (ACD) Mayor Pike introduces the item. Museum Director, Alana Dunn reviews the historic building report and correspondence from the Idaho State Historic Preservation Office (SHPO) regarding proposed alterations to the landscaping surrounding the Jackson House property. In light of the recommendation from SHPO, and as Eagle's Museum Director Dunn's recommend is that the American Legion perhaps amend their proposal to a smaller scale, perhaps a memorial to Orville Jackson with placement to the rear of the property, maintaining the visual aesthetics from Eagle Road. The council expresses their gratitude to Director Dunn for her recommendation and her work on preserving the Orville Jackson property. General discussion. 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. A Public Hearing to Consider a New Capitalization Fee for the City of Eagle Water Department. (HECO and KR) A.1. Resolution No. 24-03, 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 June 25, 2024, City Council meeting. Staff is requesting this item be continued to the July 9, 2024, City Council meeting. Mayor Pike introduces the item. Gindlesperger moves to continue items 9A and 9A.1 to the July 9, 2024, meeting. Seconded by May. ALL AYE...MOTION CARRIES. B. A-06-23/RZ-10-23/RZ-13-18 MOD/PP-07-23 — Annexation, Rezone, Development Agreement Modification, and Preliminary Plat Approvals for Terra View South Subdivision — Becky Yzaguirre: Becky Yzaguirre is requesting annexation and rezone from RUT (Rural -Urban Transition — Ada County designation) to MU-DA (Mixed Use with a development agreement [in lieu of a PUD]), R-6-DA (Residential with a development agreement [in lieu of a PUD]), and R-2- DA (Residential with a development agreement [in lieu of a PUD]) for approximately 80.87-acres, a rezone from R-2-DA (Residential with a development agreement [in lieu of a PUD]) to MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) for approximately 3.33-acres, a development agreement modification, and preliminary plat approvals for Terra View South Subdivision, a 361-lot (230-single family residential, 71-single family attached, 25-commercial, 35-common) mixed use subdivision. The approximately 170.4-acre site is located at the northeast corner of West Floating Feather Road and State Highway 16 between West Floating Feather Road and West Beacon Light Road. (MJW) *This item was continued from the May 28, 2024, City Council meeting. Page 5 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-06-25-24min.docx Mayor Pike introduces the item and opens the public hearing. Deputy Planning and Zoning Director, Mike Williams provides a brief overview of the item initially heard at the May 28, 2024, meeting. David Sterling, T-O Engineers, 2471 S. Titanium, Meridian, ID. There had been discussion regarding buffering, ingress and egress, drive-thrus and amenities proposed. Mr. Sterling discusses the improvements to Little Gulch. Reviews the lots that were removed, as well as the amenities that were added as requested in the May meeting. Mr. Sterling discusses their desire to allow the continuation of hunting on site, as it is such a large site and will take some time to develop, they are requesting that hunting be allowed with perhaps a condition stating that no discharge of firearms be allowed within 500 feet of a residence. The applicant is willing to participate in the Conservation Education Program, if the Council does not feel that the improvements to Little Gulch are not sufficient. Russell suggests a shade device be added to the proposed tot lot and seeks clarification on the drive -du -Li locations. May states her desire to have the required buffering rather than what the applicant is suggesting. Deputy Williams concurs with the recommended conditions to the Planning and Zoning Commission. If Council would like to add a condition to the development agreement 3.3 regarding the applicants request regarding shooting. Staff would request that the drive-thru approvals be tied to specific lots. General discussion. Mayor Pike opens public testimony. Charlie Baun, 5011 W. Clearfield Street, Eagle, Idaho. Mr. Baun supports keeping the CEP requirement for the application. The intent of the CEP is to offset the impact to habitat. Collette Costello, 1079 N. Valley Lane, Eagle, Idaho. Ms. Costell lives in Legacy and is concerned that the tot lot will not be built with an eye to the safety of the children that may be using them. There is a lack of shade, and the use of recycled tires as fall material is toxic. As a recently elected precinct representative and would like builders to be held accountable rather than passing the costs on to residents. She is in hopes of presenting legislation for state consideration to offset the fees being passed along to the residents. Mayor closes the public testimony. David Sterling rebuts testimony. The builder is amiable to adding shade to the tot lot. He would have to investigate the fall material used. Discussion. Mayor closes the public hearing. Kvamme is in agreement with the requesting shooting modification proposed, and he would like the CEP condition retained, the buffer area could be addressed in the commercial area to shield the residential area. Russell is in agreement with the proposed shooting allowance, the setbacks proposed, the requirement of the CEP, and would like to limit the drive-thru location limited to one. Gindlesperger concurs with Kvamme and Russell and is in agreement to the one drive-thru and would like some type of buffer along Hamlin to break it up. would like some kind of buffer agreed to. May agrees with Kvamme and Russell's suggestions, the buffer should definitely be addressed along Hamlin. General discussion. Deputy Director Williams suggests motion language based on Council discussion tonight. Language to be added is underlined. Rezone DA Conditions of Development. 3.1 The maximum density for the Property shall be 2.07 dwelling units per acre (229-single-family lots, 69-single-family attached and/or detached dwellings). 3.3 Owner shall be permitted to continue hunting within the Property, provided the portion of the property that is being hunted is twenty (20) acres in size or larger, the location where the hunting Page 6 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-06-25-24min.docx is taking place is a minimum of 500-feet from any dwelling, and the discharge of the firearm will not endanger persons or property. 3.7 The Setbacks shall be as follows: 13,500 and larger sq. ft. lots: Front: 20-feet living area and side entry garage / 23-feet front -load garage Rear: 25-feet Side: 5 feet on one side; 7 feet on the other side (alternating between lots to provide a total of 12 feet between each dwelling unit), 5-feet (each additional story) Street Side: 20 feet Maximum Lot Coverage: 40% 3.9.2.1 One (1) restaurants (with drive -through) use (limited to Lot 1, Block 2) shall be allowed. The restaurants (with drive -through) use shall not be permitted until a minimum of fifty percent (50%) of the commercial area (as shown on the Concept Plan) has been developed with commercial employment -based uses and/or public/semipublic uses 3.17 Owner shall provide a 20-foot-wide buffer area within the commercial area located adjacent to North Hamlin Avenue, within the 20-foot-wide buffer area there shall be a 3-foot high landscaped berm. The commercial buildings located adjacent to North Hamlin Avenue shall be placed in proximity to the 20-foot-wide buffer area with parking located behind the buildings. The landscape plan associated with the buffer area and the commercial buildings shall be reviewed and approved by the Design Review Board and City Council prior to issuance of a Zoning Certificate. Site Specific Conditions of Approval The applicant shall work with the City to establish a Conservation and Education Program (CEP) Funding Plan associated with Terra View South Subdivision. The CEP Funding Plan shall be executed by the Owner and City prior to the City Clerk signing the final plat. Russell moves to approve agenda item 9B with conditions of development as stated by staff, also to reinstate the preliminary plat site specific condition #29 and add site specific condition #31 that the drive thru be limited to lot 1 on the south side of Hamlin. Seconded by Gindlesperger. Discussion. Russell amends to add site specific 3.3 no shooting within 500 feet of a residence. Amends to include amending development agreement condition 3.9.2.1 as stated by staff. GINDLESPERGER AYE; MAY AYE; RUSSELL AYE; KVAMME AYE. ALL AYE... MOTION CARRIES. 10. NEW BUSINESS: A. ACTION ITEM. Professional Services Agreement Addendum No. 1- TRS Range Services LLC - Eagle Shooting Sports Park: Professional Services Addendum No.1: Approval of the first addendum to the professional services agreement with TRS Range Services, LLC for the installation of a roadway culvert for the access road into the site in an amount not to exceed $13,860.00. (NBS) Mayor Pike introduces the item. Nichoel Baird Spencer, Director of Long -Range Planning and Projects reviews the Addendum to the agreement that City Attorney has reviewed for Council consideration. Funding is available within the capital plan to fund the addendum. General discussion. Gindlesperger moves to approve action item 10A Professional Services Agreement Addendum No. 1 - TRS Range Services LLC - Eagle Shooting Sports Park: Professional Services Addendum No.1 in an amount not to exceed $13,860.00. Seconded by May. GINDLESPERGER AYE; MAY AYE; RUSSELL AYE; KVAMME AYE. ALL AYE... MOTION CARRIES. Page 7 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-06-25-24min.docx B. ACTION ITEM: Ordinance 931 - Annexation and Rezone Ordinance - Kinowood 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-2-DA-P (Residential 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 16.01-acre site is located on the north side of State Highway 44 approximately 0.6-mile west of the intersection of State Highway 44 and North Linder Road. (MJW) Mayor Pike introduces the item. Gindlesperger 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 #931 be considered after being read once by title only. Seconded by May. ALL AYE... MOTION CARRIES. Gindlesperger moves that Ordinance #931 Annexation and Rezone Ordinance - Kingswood 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-2-DA-P (Residential 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. Seconded by May. GINDLESPERGER AYE; MAY AYE; RUSSELL AYE; KVAMME AYE. ALL AYE... MOTION CARRIES. 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. Mayor Pike introduces the item. Michael Hope 737 W. Headwaters, Eagle, Idaho. Mr. Hope is providing comments regarding the winery issue heard at the last meeting. He did not feel that neither the Council nor applicant fully understood how wineries are operated. Mr. Hope's comments are regarding the operation of wineries, he suggests that guidelines be developed for future winery development to guide those interested in proposing operations to make it clear what is allowed. The City could provide clearer guidance. He also feels that it is the City's moral obligation to adopt the illegal immigration resolution. Collette Costello, 1079 N. Foudy Lane, Eagle, Idaho. She appreciates Council taking her comments regarding developers being taken into consideration. Ms. Costello also encourages Council to address the illegal immigrant concerns. She would like more information regarding the drafted resolution. Russell states that the resolution will be published on the website for the July 9th meeting. Without having the resolution in front of her to reference, however it states that the City is not a Sanctuary City and the City will not authorize the use of tax payer dollars for illegal immigrants. Page 8 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-06-25-24min.docx General Discussion. Charlie Baun, W. Fairfield Street, Eagle, Idaho. Baun states we are in the midst of a record fire year. He inquires where the city is with a wildland urban ordinance WUI. Baun also inquires what the status of Stillwater phase 2 clean up. He also wants to know the status of a donation policy so that other 501(c) can donate to the City and then the City would manage the funds. Pike provides an update on the WUI, and Stillwater development, and states that staff is working on a donation policy. 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: Gindlesperger move pursuant to I.C. 74-206(1) that the City of Eagle convene an Executive Session for the purpose of (1) 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 Russell. GINDLESPERGER AYE; MAY AYE; RUSSELL AYE; KVAMME AYE. ALL AYE... MOTION CARRIES. A. ACTION ITEM: Action Regarding Pending/Threatened Litigation. No action. 12. ADJOURNMENT: May moves to adjourn. Seconded by Kvamme. ALL AYE...MOTION CARRIES. Hearing no further business, the Council meetingwas adjourned. ,,,,, 11111,,,,, E pectfully submitte �,•,, C,,,,,, , � •• NT E •••�• . 0 •i O • . e. 0 • • • ',I1d d ,,,,,,111,,' TRACY CITY CLERK APPROVED: MC AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT W W W.CITYOFEAGLE.ORG. Page 9 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-06-25-24min.docx TRS RANGE SERVICES, LLC June 25, 2024 City of Eagle 660 E Civic Ln Eagle, ID 83616 Sent via email to: electedofficials@cityofeagle.org, bpike@cityofeagle.org, nbaird@cityofeagle.org, victor@borton-lakey.com RE: Eagle Shooting Sports Park — 3 Options Presented Regarding the Static Archery Range, 1 Option Presented Regarding Spoils To whom it may concern, TRS Range Services, LLC (TRS) is pleased to provide you with the following proposal for 3 options concerning retention ponds and the static archery range, and 1 additional option, on the Eagle Shooting Sports Park site. The following Options are presented to the City of Eagle in regards to the site's retention ponds and static archery range completion. TRS is happy to implement any of the three Options presented below, depending on the City of Eagle's preferences for the site. Each option provides distinct advantages based on your project requirements and budget constraints. Please let us know if you have any specific preferences or further questions to discuss. After your review and selection — and if any Options requiring a cost change are selected — TRS will then submit a request for an addendum to the existing contract. Sincerely, Kerry O'Neal TRS Range Services 208-938-2891 ^/r PO Box 1697 Eagle, Idaho 83616 9 info@trsrangeservices.com En www.trsrangeservices.com PROPOSAL DESCRIPTION OF SERVICES Option 1: Phases 1 and 2 Completion — No Cost Change 1. Complete Phases 1 & 2 of the contract with no additional digging or earthwork to be completed, outside of what is required to finish the current contract's scope. 2. 3.5" of base material will be purchased and placed over fabric on the static archery range deck. 3. This option does not include digging of retention ponds, and no additional dirt work or material will be provided. Option 2: Retention Ponds — No Liner or Rock Placement 1. Dig retention ponds. 2. Utilize excavated dirt to elevate the static archery range to the required height. 3. This option does not include placement of liner or rock in the retention ponds. Option 3: Retention Ponds — Liner and Rock Placement 1. Dig retention ponds. 2. Roll and compact retention ponds. 3. Place liner and 6" of rock in retention ponds. 4. Utilize excavated dirt to elevate the static archery range to the required height. Option 4: Western Spoils Berm 1. Clean and sift all loose debris from the existing spoils berm. 2. Recompact in 6" lifts and shape. $ 0.00 $ 69,240.00 $142,125.00 $14,295.00 ASSUMPTIONS & EXCLUSIONS 1. TRS will not be providing a completion date of the above items at this time. Until an Option is selected, and until the City moves forward with a City Council approval notice, at which time completion dates can be discussed and finalized. 2. TRS assumes the following work schedule will be permitted. Monday -Sunday, 6:00am-7:00pm 3. TRS assumes there are no specific professional licensing requirements for the project. 4. TRS assumes that insurance requirements will not exceed TRS' standard coverage. Commercial General Liability: $1,000,000 each occurrence, $2, 000, 000 aggregate Automobile: $1,000,000 Umbrella: $4, 000, 000 Workers Compensation: $1,000,000 TRS RANGE SERVICES, LLC P.O. Box 1697 Eagle, Idaho 83616 • 208-938-2891 • 208-938-2892 fax www.trsrangeservices.com Professional Liability: $1,000,000 5. TRS provides designs that are conceptual in nature and assumes no liability for conceptual drawings. The client's design team will be responsible for stamping and signing by the appropriate design professional. This proposal does not include plans, drawings or specs. 6. This proposal is valid for 15 days. Labor prices are fixed. However, materials are based on today's prices and subject to change. 7. Bonding is not included in this pricing. If bonding is required, a 2% bonding fee will be added. 8. No permits or permitting fees are included in this cost proposal. 9. This bid does not reflect prevailing wage or Davis Bacon rates. If the project is subject to either, we will provide an updated bid. PAYMENT TERMS 1. Net 30 days upon invoice. Delinquent payments are subject to an additional charge of 2.5% per month of the unpaid balance. If the entity has alternate payment terms, they must be approved by TRS management prior to contract execution. 2. The bid price above is subject to change based on: additional insurance requirements, permitting fees, wages above and beyond TRS' standard base wages, bond requirements if not already included, etc. TRS RANGE SERVICES, LLC P.O. Box 1697 Eagle, Idaho 83616 • 208-938-2891 • 208-938-2892 fax www.trsrangeservices.com 411'1F '410 1G .re+ 1,001+a! .„M rats • w c 1 44, r■ .4414114 Edge of Phase Photo D 1 1 1 1 ■ ■ I='APZKINI. L AREA bit • fgM0. Y• M■V 4. '$ 4 411104 Photo A vcaiiikomi No sins, pawaac.'50.1 VV. 2ft drop from firing line to target Spoils Berm • Photo E Existing Condition July 3, 2024 16 9eTP 16e1TG 16 11 CG 16 67TP 16SCTG 16 11 EG rW AIERtI O Me TRUCK TIAViAROUtD PER AC7O STCG a•11 "1 G t7n SEE PRC+.E 1I 6 14)STO 44 ,a SO CUPS - TOODRD OERPIWCNG ION TP ECG lC at 1+ a1:70 11610 t:1I h 11a TO fY E0 +s 1 I PARKING AREA 1 aN1'111, C SEE ACCESS a:>AC S'1SCPU 6'71. 4S S3'O 1a U E3 Edge of Phase 1t a .Y� Oa; tT EO 1 tit SiTM tf r TO 1a 1S SO S• TO tt n ea 17 X110 -'31TP +S TO '4'a ES r11". 'Nitro 4.' E9 STA SEE rrru 1S •1'0 u.1t EO ISO 'I. n4473 t6 1' 63 NO Treatment - compaction I only 1C TO 10'T E3 *CUSS RC?Ai) CNTRANCE ^.EC alfT C7 EiTER.^,ECTION I I I 1 TT 1 I I I I Phases 1 & 2 Contract Punch List Oy Fill additional 3.5", compact, install fabric and 3" crushed rock finish ARCHERY RANGE 330' x 160 01" Spoils Berm Grade out spoils berm toward Willow Creek Road Option 1: Phase 1 & 2 Completion No additional Earthwork, compact, place fabric & rock on range, & Removed and smooth spoils berm. NO increase Option 4: Keep berm, filter, shape & Compact $14,295.00 increase a►. • Final Condition - Per Approved Grading Plan Option 2: Dig Ponds — No Liner Dig Ponds, level static range $69,240.00 Option 3: Pond Completion Dig ponds, install liner & rocks $142,125.00 increase Bioswale Excavation in Phase 3- needed for final grade of the static range. Photo A: Static Range Photo B: Static Range toward Drainage swales Photo C: Spoils Berm between Static Range & Willow Creek Road Photo D: Parking Area Looking toward the Static Range June 25, 2024 PUBLIC HEARING: Item Orel SUBJECT: A-06-23/RZ-10-23/RZ-13-18 MOD/PP-07-23 — Annexation, Rezone, Development Agreement Modification, and Preliminary Plat Approvals for Terra View South Subdivision — Becky Yzaguirre: PLEASE PRINT LEGIBLY NAME ADDRESS TESTIFY PRO/CON NEUTRAL 41iSZV\N-CL, 4vID / I",, -LK F-1 Q 1\4 Q1s:k 1 s" ' ]e E NO 1'ES NO YES NO YES NO YES NO YES NO YES NO YES NO 1'I.S NO YES NO YES NO YES NO YES NO More on Back EAGLE CITY COUNCIL June 25, 2024 PUBLIC HEARING: Item SUBJECT: A-06-23/RZ-10-23/RZ-13-18 MOD/PP-07-23 — Annexation, Rezone, Development Agreement Modification, and Preliminary Plat Approvals for Terra View South Subdivision — Becky Yzaguirre: PLEASE PRINT LEGIBLY NAME ADDRESS TESTIFY PRO/CON NEUTRAL YES NO YES NO YES NO YES NO YES NO YES NO YES NO YES NO YES NO YES NO YES NO YES NO YES NO YES NO More on Back June 25, 2024 PUBLIC COMMENT SIGN-UP Time is allotted on the agenda at the end of the council meeting. Time is limited to three (3) minutes per individual. PLEASE PRINT LEGIBLY NAME ADDRESS TOPIC /7/ 461:77- 73 e 7 / U o/4I e More on Back EAGLE CITY COUNCIL June 25, 2024 PUBLIC COMMENT SIGN-UP Time is allotted on the agenda at the end of the council meeting. Time is limited to three (3) minutes per individual. PLEASE PRINT LEGIBLY NAME ADDRESS TOPIC More on Back 6/27/2024 Star Fire Protection District Impact Fee Analysis FISCAL I ECONOMIC I PLANNING 1 TischlerBise FISCAL I ECONOMIC I PLANNING Galena CONSULTING TischlerBiseGalena Idaho Experience Ada County Boise Burley Caldwell Caldwell Hwy. District Caldwell Rural Fire District Canyon County Carey Cascade Cascade Fire District Donnelly Driggs Eagle Fire District Eastside Fire District Eastside Hwy. District Elmore County Emmett Filer Fire District Gem County Gem County Fire District Hailey Hayden Homedale Fire District Houser Fire District Idaho Falls Jerome County Kellogg Kootenai County Kootenai County Fire District Kuna Kuna Fire District Lakes Hwy. District Marsing Fire District McCall McCall Fire District Melba Fire District Meridian Meridian Rural Fire District MicaKidd Fire District Middleton Middleton Fire District Middleton Parks District Mountain Home Nampa Nampa Rural Fire District North Ada Co. Fire District Northern Lakes Fire District Northside Fire District Parma Payette Payette County Post Falls Post Falls Hwy. District Rock Creek Fire District Sandpoint Shoshone County Shoshone Fire District Spirit Lake Fire District St. Maries' Fire District Star Fire District Sun Valley Teton County Timberlake Fire District Twin Falls Valley County Victor West Pend Whitney Fire District Wilder Fire District Worley Fire District 2 2 1 6/27/2024 Impact Fee Fundamentals • One-time payment for growth -related infrastructure, usually collected at the time buildings permits are issued • Not a tax, similar to a contractual arrangement to build infrastructure with fee revenue, with three requirements • Need (system improvements, not project -level improvements) • Benefit • Short range expenditures • Geographic service areas and/or benefit districts • Proportionate Impact Fee Fundamentals • Impact fees are collected at building permit issuance • Fire districts need agreement with cities and counties to collect impact fees on their behalf • As the City of Eagle has grown, boundaries have crossed over into the Star Fire District • Significant growth occurring the in the City of Eagle/Star Fire area 4 2 6/27/2024 Star Fire Impact Fee Study SPRING VALLEY vQ v STAR FIRE CITY OF EAGLE In schlerBIscGalena I ww -.a 5 Star Fire Impact Fee Study • Plan -Based Methodology • Fire station space, fire apparatus, eligible equipment, cost of fee study • Fee is attributed to residential and nonresidential development based on calls for service data TischierBiseGalena (wwwtschlerbAe.corn 6 3 6/27/2024 Star Fire Impact Fee Study • Capital Improvement Plan 10-Year Capital Improvement Plan Time Frame. Growth Need (Yrs) Current Cost Related Cost Station #55: Floating Feather Station #52: Training Facility & Engine Bay Station #52: Training Facility Prop & Storage Container Station #58: Hwy 16 & Arie Station #56: Purple Sage (50% split with Middleton) Station #55 units: New Brush & Engine Station #56 units: New Brush & Engine (50% split with Middleton) Station #58 units: New Brush/Engine/Water Tender SCBAs (6) for Station #55 SCBAs (6) for Station #58 New UTV for River Rescue Station #51 units: Replace Tender/Ladder/Brush Station #52 units: Replace Engines/Brush Replace Battalion Command (50% split with Middleton) Replace Command 2017 Chevy 502 Replace Command 2022 Chevy 501 8,392 square feet 3,000 square feet 1 unit 8,392 square feet 4,196 square feet 2 units 2 units 3 units 6 units 6 units 1 unit 3 units 3 units 1 unit 1 unit 1 unit 1 to 3 2 to 5 1 to 3 3 to 10 7 to 10 1 to 8 7 to 10 7 to 10 1 to 3 7 to 10 2 to 3 7 to 15 1 to 10 2 to 3 3 to 5 5 to 10 Total $3,000,000 $250,000 $25,000 $4,000,000 $3,000,000 $1,400,000 $825,000 $2,050,000 $42,000 $50,000 $35,000 $2,700,000 $2,150,000 $70,000 565,000 $80,000 $19,742,000 $3,000,000 $250,000 $25,000 $4,000,000 $3,000,000 $1,400,000 $825,000 $2,050,000 $42,000 $50,000 535,000 50 $0 $0 5o 5o $14,677,000 1lschlerBiseGalena bisecorn 7 Calls for Service Data • Used to assign proportionate share for Fire services Land Use Residential Nonresidential Traffic Annual Calls for Service %of Total 783 64 308 68% 6% 27% Total 1,155 100% Residential 51,939 89% Nonresidential 6 593 11%' Total 58,532 100% Land Use Residential Nonresidential Adj. Calls for Service 1,056 99 % of Total 91% 9% Total 1,155 100% Source: Star Fire Protection District TschlerBiscGalena www.tischlerbise.com 8 4 6/27/2024 Star Fire Impact Fee Study • Fire Station 10-Year Capital Plan Compared to 10-Year Growth Fire Stations Square Replacement Feet Cost Station #55: Floating Feather Station #52: Training Facility & Engine Bay Station #52: Prop & Storage Container Station #58: Hwy 16 & Arie Station #56: Purple Sage (50% split) Total Level -of -Service Standards 8,392 3,000 8,392 4,196 23,980 $3,000,000 $250,000 $25,000 $4,000,000 $3,000,000 $10,275,000 Residential Nonresidential Proportionate Share 91% 9% Share of Square Feet 21,931 2,049 10-Year Population/Nonres. Vehicle Trips Increase 14,929 17,108 Square Feet per 1,000 Persons/Vehicle Trips 1,469 120 Cost Analysis Residential Nonresidential Square Feet per 1,000 Persons/Vehicle Trips Average Cost per Square Foot Capital Cost per Person/Vehicle Trip 1,469 $428 $629 120 $428 $51 Star Fire Impact Fee Study • Fire Apparatus 10-Year Capital Plan Compared to 10-Year Growth Apparatus 1 Units Replacement Cost Fire Engine Water Tender Brush Truck Engine & Brush (50%split) Total 2 1 2 2 7 $1,950,000 $500,000 $1,000,000 $825,000 $4,275,000 Level -of -Service Standards Proportionate Share Share of Units 10-Year Po.ulation/Nonres. Vehicle Tri s Increase Residential Nonresidential 91% 9% 6.4 0.6 14,929 17,108 Units per 1,000 Persons/Vehicle Trips 0.43 0.03 Cost Anal sis Residential Nonresidential Units per 1,000 Persons/Vehicle Trips Avera:eCost .er Unit Capital Cost per Person/Vehicle Trip 0.43 $ 611,000 0.03 $611,000 $2631 $18 10 5 6/27/2024 Star Fire Impact Fee Study • Fire Equipment 10-Year Capital Plan Compared to 10-Year Growth Equipment Type SCBAs UTV - River Rescue Replacement Units Cost 12 1 $92,000 $35,000 Total 13 Level -of -Service Standards Proportionate Share Share of Units 10-Year Po ulation/Nonres. Vehicle Tri s Units per 1,000 Persons/Vehicle Trips Cost Anal sis $127,000 Residential Nonresidential 9% 1.1 14,929 17,108 0.801 0.06 Residential Nonresidential 91% 11.9 Units per 1,000 Persons/Vehicle Trips Avera:e Cost •er Unit Capital Cost per Person/Vehicle Trip 0.80 $10,000 0.06 $10,000 Sal $1 TschlcrBlseGalcna ww.t,illotlw 11 11 Star Fire Impact Fee Study • Cost of impact fee study can be recovered by the collection Share of Residential Study Cost Share Nonresidential Share 519,720 91% 9% Residential Growth Share 100% Five -Year Population Increase 10 208 Capital Cost per Person $2 100% 9 240 rb8ccon; 12 6 6/27/2024 Star Fire Impact Fee Study • Credit included for existing fund balance Fire Impact Fee Fee Credit Available Fund Balance 10-Year Capital Plan Available Fund Balance % of Plan $2,390,184 $14,677,000 16% 13 13 Star Fire Impact Fee Study • Maximum Supportable Impact Fees Fee Component Fire Stations Fire Apparatus Fire Equipment Im.act Fee Study Cost Cost per Person per Vehicle Trip $629 $263 58 $2 $51 $18 $1 51 Gross Total $902 $71 Credit for Fund Balance (16%) (5144) 1511 ) Net Total 5758 $60 Residential Persons per Maximum Current Increase/ Housing Type Housing Unit Supportable Fee Fee (Decrease) Single Family Multifamily MEM MEM $2,152 $1,227 $809 $809 Nonresidential Vehicle Trips Maximum Current Increase/ Development Type per KSF Supportable Fee Fee (Decrease) Nonresidential (per 1,000 square feet) Retail 14.06 Office 5.42 Industrial Institutional 2.44 9.76 5839 $323 5145 $582 $380 $459 $380 5380 5380 ($57) ($235) 5202 14 7 6/27/2024 • Comparables Star Fire Impact Fee Study Jurisdiction City of Boise Melba Fire District - Maximum* Star Fire District- Maximum* Eagle Fire District City of Kuna Nampa Fire District - Current* Middleton Fire District - Maximum* Nampa Fire District - Maximum* City of Meridian North Ada Fire- Maximum Middleton Fire District - Current* Star Fire District- Current* City of Caldwell North Ada Fire- Current Single Family Retail per Unit per 1,000 Sq. Ft. $2,497 $2,466 $2,152 $2,111 $1,792 $1,621 $1,481 $1,267 $995 $879 $849 $809 $744 $647 $2,074 $2,195 $839 $2,779 $788 $650 $780 $ 2,311 $1,290 $1,238 $420 $380 $370 $320 List is ordered based on single family impact fee per unit *Currently being updated 15 Discussion 16 8 7/9/2024 DA Modification Preliminary Plat 1 Project History 2019 - HOOT NANNY FARMS ANNEXATION/REZONE WITH DEVELOPMENT AGREEMENT FROM RUT TO MU-DA AND R2-DA APPLICANT PURCHASED BLUE IN 2017 AND RED IN 2020 2019-CURRENT STAFF LEVEL MEETING WITH CITY TO DISCUSS CONCEPT LAYOUTS, CITY NEEDS AND USES. 2 1 7/9/2024 Proposed Drive -Through Locations: 3 4 2 7/9/2024 Hamlin Rd: Landscape Buffer 5 6 so go; 4211111129NION ztv ONONOViit 3 7/9/2024 7 8 4 7/9/2024 9 i In „lug 1 1 Ikr .. I,,....,,4 a L,I ,C I ! �I Belemeade Subdivision Eagle, Idaho Park Center Blvd. (Harris Ranch) Boise, Idaho 10 5 7/9/2024 11 12 6 7/9/2024 13 Pool • Perimeter: 289 Linear Feet • Area: 2,400 SF • Surface Area: 3,422 SF • Envelope: 60' x 80' W TAHOMA WAY 14 7 7/9/2024 15 16 7/9/2024 Hunting • The distance to which a firearm can be discharge from a dwelling is not universally defined in the Idaho at the local or state level. • We propose the following common practice of maintain a 500ft distance away from any dwelling in addition to compliance with the current City of Eagle code. • This was determined based off the following guidelines of the surrounding states: • Utah- 600ft • Nevada- 500ft • Washington- 500ft • Montana- 450ft • Oregon- 450ft • Wyoming- No Distance Codified. 17 soa.. �V I ism o 44m1gav-halipili salt 18 9 7/9/2024 Setbacks Development Agreement Stated Setbacks 13,500 and larger sq. ft. lots: Front: 20-feet living area and side entry garage / 23-feet front -load garage Rear: 25-feet Side: 7.5-feet (first story), 5-feet (each additional story) Street Side: 20-feet Maximum Lot Coverage: 40% Requested Setbacks 13,500 and larger sq. ft. lots: Front: 20-feet living area and side entry garage / 23-feet front -load garage Rear: 25-feet Side: 7-5 5-feet on one side, 7 feet on the other side for a total of 12 feet between each dwelling unit (first story), 5-feet (each additional story) Street Side: 20 feet Maximum Lot Coverage: 40% This request matches the setbacks approved for Terra View Development North of Beacon Light Road. 19 20 10 7/9/2024 Approved: Terra View & Terra View Commercial North Subdivisions 21 11 FIRST ADDENDUM This First Addendum is entered into this day of June, 2024 by and between City of Eagle, an Idaho municipal corporation ("City"), and TRS Range Services LLC, an Idaho limited liability company ("Contractor"). The City and Contractor are sometimes collectively referred to herein as "Parties." RECITALS WHEREAS the Parties entered into a contract titled Professional Services Agreement Shooting Sports Park Construction (the "Contract") which was executed on March 15, 2023. WHEREAS the Contract contains a fixed Price total of $500,000 to be paid only for Phase 1 and Phase 2 work identified in Exhibit A of the Contract; WHEREAS the Contract provides that charges for additional work must be approved by the Eagle City Council through mutual execution of an Addendum to the Contract setting forth the additional work, price and other terms agreed upon by the parties; WHEREAS Contractor purchased culvert pipe for installation beneath the road, which installation was not part of the Phase 1 or Phase 2 scope of work set forth in the Contract; WHEREAS the culvert pipe was purchased, and stored on site, but not installed, prior to the Parties executing an Addendum to the Contract; WHEREAS the City recognizes that purchasing the culvert pipe and installing it before the road is completed will save the City money in the future; and WHEREAS the Parties desire to execute this First Addendum to compensate Contractor for the culvert pipe that was purchased and to add installation of the culvert as additional work under the Contract; AGREEMENT NOW THEREFORE, and in consideration of the mutual promises contained herein, the Parties agree to the following: 1. Incorporation of Recitals: The above Recitals are a material part of this First Addendum and are incorporated into this First Addendum by reference as though they were fully set forth herein. 2. Additional Work: Contractor will construct and install an 18" culvert pipe beneath the roadway, as depicted as a 30" culvert pipe in the plans previously approved by the City (the "Additional Work"). Contractor shall provide engineer certification as to the downsizing First Addendum -1 of the culvert pipe from 30" as depicted in the approved plan to 18" as proposed in this First Addendum. 3. Charge for Additional Work: City will pay Contractor $13,860 for performing the Additional Work. 4. Completion: Contractor will complete the Additional Work on or before August 31, 2024. 5. Headings: The headings on the paragraphs of this First Addendum are for convenience only and are not intended to define, modify limit or construe the meaning of the paragraph or of the First Amendment. 6. No Other Changes: Unless specifically modified herein, all the terms and conditions contained in the Contract shall remain in full force and effect. 7. Approval: The Contractor and City each acknowledge that this First Addendum, even though agreed upon by the City's representatives, is not binding upon the City until such time as the Eagle City Council approves and authorizes the Mayor to execute this First Addendum on behalf of the City. IN WITNESS WHEREOF, the parties hereto have executed this First Addendum as of the date first above written CITY OF EAGLE: TRS Range Services LLC: Brad Pike, Mayor Kerry O'Neal ATTEST: Tracy E. Osborn, City Clerk 32296429_v1 First Addendum -2 FIRST ADDENDUM This First Addendum is entered into this day of June, 2024 by and between City of Eagle, and Idaho municipal corporation ("City") and TRS Range Services LLC, an Idaho limited liability company ("Contractor"). The City and Contractor are sometimes collectively referred to herein as "Parties." RECITALS WHEREAS the Parties entered into a contract titled Professional Services Agreement Shooting Sports Park Construction (the "Contract") which was executed on March 15, 2023. WHEREAS the Contract contains a fixed Price total of $500,000 to be paid only for Phase 1 and Phase 2 work identified in Exhibit A of the Contract; WHEREAS the Contract provides that charges for additional work must be approved by the Eagle City Council through mutual execution of an Addendum to the Contract setting forth the additional work, price and other terms agreed upon by the parties; WHEREAS Contractor purchased culvert pipe for installation beneath the road, which installation that was not part of the Phase 1 or Phase 2 scope of work set forth in the Contract; WHEREAS the culvert pipe was per -formed -purchased, and stored on site, but not installed, prior to the Parties executing an Addendum to the Contract; WHEREAS the City recognizes that purchasing the culvert pipe and installing it before the road is completed nay -will save the City money in the future when the roadway isbuilt; and WHEREAS the Parties desire to execute this First Addendum to compensate Contractor for the culvert pipe that was purchased and to add installation of the culvert as additional work under the Contractf r • ork to plete :nst l iton e lvert• AGREEMENT NOW THEREFORE, and in consideration of the mutual promises contained herein, the Parties agree to the following: 1. Incorporation of Recitals: The above Recitals are a material part of this First Addendum and are incorporated into this First Addendum by reference as though they were fully set forth herein. 2. Additional Work: Contractor will construct and install an 18" culvert pipe beneath the roadway, as depicted as a 30" culvert pipe in the plans previously approved by the City (the "Additional Work"). Contractor shall provide engineer certification as to the downsizing First Addendum -1 of the culvert pipe from 30" as depicted in the approved plan to 18" as proposed in this First Addendum. 3. Charge for Additional Work: City will pay Contractor $13,860 for performing the Additional Work. 4. Completion: Contractor will complete the Additional Work on or before (insert date)August 31, 2024. 5. Headings: The headings on the paragraphs of this First Addendum are for convenience only and are not intended to define, modify limit or construe the meaning of the paragraph or of the First Amendment. 6. No Other Changes: Unless specifically modified herein, all the terms and conditions contained in the Contract shall remain in full force and effect. 7. Approval: The Contractor and City each acknowledge that this First Addendum, even though agreed upon by the City's representatives, is not binding upon the City until such time as the Eagle City Council approves and authorizes the Mayor to execute this First Addendum on behalf of the City. IN WITNESS WHEREOF, the parties hereto have executed this First Addendum as of the date first above written CITY OF EAGLE: TRS Range Services LLC: Brad Pike, Mayor erguistKerry O'Neal ATTEST: Tracy E. Osborn, City Clerk 32296429_v1 First Addendum -2 ( 1loo 5 eho' Cut1in rrirrrary access road. Primary access road will be cut in from Willow Creek to 3D Archery course° Sri<:Irlg area (12+50). The road will be 20' wide with 12" of road base. ~ �, Yellow circies are tf: narounds. Not included: culverts, rock dams, pavement, curbs and 1 ;utter, land Caning utilities.