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Agenda - 2024 - City Council - 08/13/2024 - Regular • THE CITY OF EAGLE CITY COUNCIL AGENDA Eagle City Hall, 660 E. Civic Lane, Idaho • August 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 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 July,2024. (TEO) C. Minutes of July 10,2024. (TEO) D. Minutes of July 25,2024. (TEO) E. Minutes of July 30,2024. (TEO) F. Appointment to the Eagle Design Review Board: In accordance with Resolution 23-17, Mayor Pike is requesting Council Confirmation of the appointment of Toby Norton to the Design Review Board. Mr.Norton will be fulfilling a vacated term that will expire in April 2025. (BKP) G. Commercial Pest Control Service Agreement Between the City of Eagle and Orkin: Commercial Pest Control Services Agreement between the City of Eagle and Orkin to provide pest control services on City of Eagle properties. (ELZ) H. Memorial Bench for DeBest Plumbing: Request for Council approval for a memorial bench to be located north of the playground at Guerber Park. (ELZ) I. FPUD-2024-02/FP-2024-04—Final Planned Unit Development and Final Plat for Route 44 Crossing Subdivision—Ken Firmage,represented by Nicolette Womack with Kimley-Horn: Ken Firmage,represented by Nicolette Womack with Kimley-Horn, is requesting final planned unit development and final plat approvals for Route 44 Crossing Subdivision, a 71-lot(41-single family [inclusive of 9-live/work lots], 10-commercial [inclusive of 2 storage unit lots],20-common) residential/commercial planned unit development. The 15.68-acre site is located at the northeast corner of State Highway 44 and North Linder Road at 410 North Linder Road and 4400 West State Street. (HSD) Route 44 Crossing Subdivision- Final Planned Unit Development and Final Plat J. Development Agreement for RZ-13-18 MOD/RZ-10-23—Rezone Modification for Terra View South Subdivision—Becky Yzaguirre: Council authorization for Mayor to execute the development agreement associated with Terra View South Subdivision. The approximately 170.4-acre site is located on the northeast corner of West Floating Feather Road and State Highway 16 between West Floating Feather Road and West Beacon Light Road. (WEV) Terra View South Subdivision-Development Agreement K. Development Agreement for RZ-12-18 MOD—Rezone Modification for Bruneel Subdivision— Steve Bruneel: Council authorization for Mayor to execute the development agreement associated with Bruneel Subdivision. 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. (Lots 1, 2, 3, 4, 5, and 6,Block 1, and Lot 1,Block 2,Bruneel Subdivision). (WEV) Bruneel Subdivision-Development Agreement L. Development Agreement for RZ-01-23—Rezone for 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. (DLM) Capella Estates Subdivision-Development Agreement M. Findings of Fact and Conclusions of Law for the Approval of CU-11-21 MOD/PPUD-08-21 MOD —Conditional Use Modification and Preliminary Planned Unit Development Modification for Soaring Feather Subdivision—Little Feather Eagle,LLC: Little Feather Eagle, LLC, is requesting a conditional use modification and preliminary planned unit development modification to permit a reduced rear yard setback within Soaring Eagle Subdivision. The request is to reduce the rear yard setback from 30-feet to 20-feet. 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. (WEV) Soaring Feather Subdivision-Findings of Fact and Conclusions of Law N. 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 Planned Unit Development and Preliminary Plat for Wildernest River Subdivision—Toby and Linda o 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 planned unit development, and preliminary plat approvals for Wildernest River Subdivision, a I I9-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. (DLM) This item was continued from the July 23, 2024, City Council meeting. Wildernest River Subdivision-Findings of Fact and Conclusions of Law O. Findings of Fact and Conclusions of Law for the Approval of 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-Findings of Fact and Conclusions of Law P. Findings of Fact and Conclusions of Law and Development Agreement for the Approval of RZ-11- 15 MOD—Development Agreement Rezone Modification for East End Marketplace—TPC Commercial,LLC: TPC Commercial,LLC,represented by Zach Turner with Rennison Design, is requesting a development agreement rezone 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. (WEV) East End Marketplace-Findings of Fact and Conclusions of Law East End Marketplace-Development Agreement East End Marketplace-Development Agreement Exhibit Package Q. Eagle Shooting Sports Park Willow Creek Road Right-of-Way Survey Scope of Work with HECO Engineers for the completion of the right-of-way survey to prepare documents for the dedication of right-of-way along North Willow Creek Road in an amount not to exceed$17,385.00. (NBS) R. Public Access Easement Agreement with GWC: Approval of a Public Access Easement Agreement between the City of Eagle and GWC to grant non-motorized public access to the BLM property through the Eagle Regional Park. (NBS) Public Access Easement Agreement Trailhead- City of Eagle and GWC S. Easement Agreement associated with Planning Unit Master Plan No. 1 of the Valnova Development- GWC Capital,LLC: Staff is requesting approval of an easement agreement between GWC Capital,LLC, Spring Valley Community Infrastructure District No. 1, and the City of Eagle associated with the Planning Unit Master Plan No. 1 of the Valnova(formerly known as the Spring Valley)Development. The easement agreement is for the installation,maintenance,repair,replacement, use, and operation of an underground water line or water lines associated with the City of Eagle Municipal Water System. (DLM) Valnova Development-Water Easement Agreement 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. Fiscal Year 2024-2025 Budget Hearing_: An Ordinance for Fiscal Year 2025 commencing on October 1,2024, and ending September 30, 2025, appropriating sums of money to defray all necessary expenses and liabilities of the City of Eagle for said Fiscal Year. (KR) A.1 ACTION ITEM.- Ordinance No.941 -Appropriation Ordinance for Fiscal Year 2024-2025: An Ordinance entitled the Annual Appropriation Ordinance for the City of Eagle, Idaho, for the Fiscal Year 2025 commencing October 1, 2024, and ending September 30, 2025. (KR) FY 2025 Annual Appropriations Ordinance 941 B. Public Hearing,Resolution 24-10,to Reserve a Forgone Amount for Fiscal Year 2025. (KR) B.1 ACTION ITEM: Resolution 24-10: A Resolution to reserve a forgone amount for fiscal year 2025 for potential use in subsequent years as described in Idaho Code 63-802. (KR) Resolution 24-10,to Reserve Forgone for Potential Use in Subsequent Years C. ZOA-2024-01-Zoning Ordinance Amendment-Title 11A Spring Valley Development Code- City of Eagle and GWC Development,LLC:An ordinance to the City of Eagle,Ada County Idaho, amending Title I IA, Chapter 1, Section 5, "Definitions"; Chapter 2, Section 3, "Land Use Standards", Chapter 2, Section 4, Table 2.5, "Open Space District Development Standards"; Chapter 3 Section 6, Subsection B, Item 6, "Fences", "Chapter 4, Section 4, Item E, "Supplemental General Provisions"; Chapter 4, Section 4, "Specific Land Use Standards"; Chapter 7, Section 1, Subsection 1, "Purpose, Goals,And Objectives"; Chapter 8, Section 13, "Notice Requirements"; Chapter 13,Article A, Section 6, "Rules And Definitions"; Chapter 13,Article B, Section 4, Item E, "Approval Time"; Chapter 13, Article C, Section 2, Subsection 1, Item C, "Stub Streets"; Chapter 13,Article D, Section 2, Subsection 2, "Guarantee Of Improvements"; Providing A Severability Clause;And Providing An Effective Date. (DLM) Valnova Development-Draft Zoning Ordinance Amendment- Title 11 A 9. NEW BUSINESS: NONE 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. ACTIONITEM.• Action Regarding the Acquisition of Property B. ACTIONITEM.- 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.