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Agenda - 2023 - City Council - 11/28/2023 - Regular • THE CITY OF EAGLE CITY COUNCIL AGENDA Eagle City Hall, 660 E. Civic Lane, Idaho • November 28, 2023 5:30 PM INVOCATION: 1. CALL TO ORDER: 2. ROLL CALL: GINDLESPERGER,PIKE,BAUN,RUSSELL. 3. PLEDGE OF ALLEGIANCE: 4. ADDITIONS,DELETIONS OR MODIFICATIONS TO THE AGENDA: 5. PRESENTATION: A. Jake Fruhlinger,from the Idaho National Guard,will be Presenting on the Guard's Integrated Readiness Training(IRT)program. 6. REPORTS: A. Mayor and Council B. Department Supervisor: 1. City Treasurer,Financial Reports for October 2023. (KR) 10-31-23 Monthly Financial Statements C. Eagle Police Department D. City Attorney 7. PUBLIC COMMENT 1: This time is reserved for the public to address their elected officials regarding concerns or comments they would like to provide to the City Council regarding subjects not on the agenda. At times, the City Council may seek comments/opinions regarding specific City matters during this allotted time. This is not the time slot to give formal testimony on a public hearing matter,land use application, or comment on a pending application or proposal. Out of courtesy for all who wish to speak,the City Council requests each speaker limit their comments to three(3) minutes. 8. 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. DR-37-23 -Change of Use,Including Modifications to the Exterior Building Elevations and Landscaping-Jason Coe`lar: Jason Coylar,represented by Chuck Tookey with Maxey Tookey Architects,LLP, is requesting design review approval to convert an existing 22,875-square foot warehouse and storage building to a multi-tenant flex space and automotive repair building, including modifications to the exterior building elevations and landscaping. The 1.6-acre site is located on the south side of East State Street approximately 270-feet west of intersection of East State Street and South Edgewood Lane at 1447 East State Street. (ERF) Modification to Exterior Building and Change of Use Action Design Review C. DR-46-23 -Multi-tenant Office(Medical and Dental/Business and Professional) Building-Mike Spencer: Mike Spencer,represented by Jessica Petty with 12.15 Design,LLC, is requesting design review approval to construct a new two (2) story, 9,723-square foot multi-tenant office (medical and dental/business and professional)building. The 1-acre site is located on the south side of East State Street approximately 75-feet east of the intersection of East State Street and South Young Lane at 577 East State Street. (ERF) Multi-tenant Building for Ascend Dental Action Design Review D. DR-47-23 -Master Sign Plan for 577 East State Street,including Building Wall Signage and a Multi-tenant Monument Sign for Ascend Dental- Tyson Gray and Tiffany Larson: Tyson Gray and Tiffany Larson,represented by David Moorhouse with McCarter Moorhouse, is requesting design review approval for the master sign plan for 577 East State Street, including the building wall signs and multi-tenant monument sign for Ascend Dental. The 1-acre site is located on the south side of East State Street approximately 75-feet east of the intersection of East State Street and South Young Lane at 577 East State Street. (ERF) Ascend Dental Master Sign Plan Action Design Review E. DR-50-23 -Office(Business and Professional)Building within Ashbury Business Park Subdivision No. 1 -James Clyde: James Clyde,represented by Jason Martin,is requesting design review approval of a 3,978-square foot office (business and professional)building. The 0.41-acre site is located on the northwest corner of West Bavaria Street and North Meridian Road at 3226 West Bavaria Street(Lot 1, Block 1,Ashbury Business Park Subdivision No. 1). (BAW) James Clyde Office Building Action Design Review F. DR-51-23 -One Building Wall Sign for the James Clyde Office Building-James Clyde : James Clyde,represented by Jason Martin, is requesting design review approval to construct one building wall sign for the James Clyde office building. The 0.41-acre site is located on the northwest corner of West Bavaria Street and North Meridian Road at 3226 West Bavaria Street(Lot 1,Block 1,Ashbury Business Park Subdivision No. 1). (BAW) James Clyde Office Signage Action Design Review G. State and Eagle Intersection Improvements: Change Order No. 3 with Baer Design in the amount of $20,680.00 for changes in Approvals& Construction Documents, Bid&Award Phases, and Construction Administration associated with the project being done in phases by Ada County Highway District(ACHD). Including an extension of the contract through September of 2026. (NBS) H. Findings of Fact and Conclusion of Law for the Approval of FPUD-04-23 &FP-07-23—Final Development Plan and Final Plat for Soaring Feather Ranch Subdivision—Dillon Ludlow: Dillon Ludlow,represented by Katie Miller with Bailey Engineers, is requesting final development plan and final plat approvals for Soaring Feather Ranch Subdivision, a 32-lot(29-buildable, 3-common), residential subdivision. The 17-acre site is located approximately 2,000 feet south of Beacon Light Road between Linder Road and Park Lane at 4807 Little Feather Lane. (MJW) City Council Findings for Soaring Feather Ranch Subdivision L Findings of Fact and Conclusion of Law for the Approval of FPUD-02-23 &FP-06-23—Final Development Plan and Final Plat for Shingle Creek Subdivision—Mike Cook, represented by Kent Adamson: Mike Cook,represented by Kent Adamson,P.E.,with RiveRidge Engineering Company is requesting final development plan and final plat approvals for Shingle Creek Subdivision, a 12-lot(9-buildable, 3-common),residential subdivision. The 4.41-acre site is located on the north side of State Highway 44 approximately 400-feet west of the intersection of West State Street and State Highway 44 at 2500 West State Street. (MJW) City Council Findings for Shingle Creek Subdivision J. Amended Subscription Service Agreement Between the Ci , of Eagle and Baker& Taylor : An Amended Subscription Service Agreement between the City of Eagle and Baker&Taylor for the company's CollectionHQ and ESP collection maintenance services, in an amount not t exceed$10,498 annually for CollectionHQ and$3,499 for ESP. (SJB) K. Agreement Between the Ci , of Eagle and Blackstone Audio,Inc. : An Agreement between the City of Eagle and Blackstone Audio, Inc. for the subscription to Blackstone Unlimited in an amount not to exceed$9,500 annually. (SJB) L. Appointment to the Eagle Library Board of Trustees : In accordance with Resolution 23-17, Mayor Pierce is requesting Council Confirmation of the appointment of Sarah Hayes to the Eagle Library Board of Trustees. Ms. Hayes will be serving a five (5)year term that will expire September 2028,nunc pro tunc. (JWP) 9. UNFINISHED BUSINESS: NONE 10. 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-01-23/RZ-02-23/CU-03-23/PPUD-02-23/PP-02-23—Annexation,Rezone,Conditional Use Permit,Preliminary Development Plan,and Preliminary Plat for Everton Subdivision—TH Lost River,LLC: TH Lost River, LLC,represented by Stephanie Hopkins,with KM Engineering, LLP,is requesting an annexation,rezone 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), conditional use permit,preliminary development plan, and preliminary plat approvals for Everton Subdivision, a 241-lot(212-residential [138-single family, 74-single-family attached], 11-commercial, 18-common)mixed use planned unit development. The 76.85-acre site is located at the northeast corner of State Highway 44 and North Palmer Lane. (MJW) City Council Packet Everton Subdivision 11. NEW BUSINESS: A. ACTION ITEM- Storm Water Drainage Easement for 166 North 2nd Street(DR-59-14 MOD— Mixed Use Building)—Yesterday Properties,LLC:Yesterday Properties, LLC,represented by Shawn Nickel, is requesting approval of a storm water drainage easement between the property owners of 166 North 2nd Street and 310 East State Street(Eagle Senior Center). The 0.17-acre site is located on the southeast corner of North 2nd Street and East Idaho Street at 166 North 2nd Street. (BAW) Yesterday Mixed Use Building Storm Water Drainage Easement Memo Al Site Plan.pdf L1.0 Landscape Plan.pdf B. ACTION ITEM. State Highway 16 Reevaluation: Presentation by Idaho Transportation Department seeking the Council's recommendation on the State Highway 16 Reevaluation Project. (NBS) Highway Access North 1.1 Highway Access North 1 Highway Access North 2 Highway Access North 3 Highway Access Alternative A Highway Access Alternative B Highway Access Alternative C Highway Access Alternative D Highway Access Alternative D1 Highway Access Alternative E Highway Access Alternative E1 Highway Access Alternative F1 Highway Access Alternative G Highway Access Alternative M 12. 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. 13. 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. 14. 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.