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Minutes - 2024 - City Council - 08/27/2024 - Regular EAGLE CITY COUNCIL MEETING MINUTES August 27, 2024 1. CALL TO ORDER: Mayor Pike calls the meeting to order at 5:30 p.m. 2. ROLL CALL: Present: MAY,RUSSELL,KVAMME.Absent: GINDLESPERGER. A quorum is present. 3. PLEDGE OF ALLEGIANCE: 4. ADDITIONS,DELETIONS OR MODIFICATIONS TO THE AGENDA 5. RECOGNITION: A. Recognizing the West Valley Little League Softball Team for Their Historic World Series Appearance. The recognition will be presented at a later date so that more players may be in attendance. 6. REPORTS: A. Mayor and Council:No reports B. Department Supervisor:Director of Long-Range Planning and Projects,states that on September 18th a public open house will be held at the Eagle Senior Center. City Treasurer,Financial Reports for July 2024.(KR) C. Eagle Police Department: Chief Travis Ruby introduces Deputy Gail and gives a brief overview of her work history. Chief Ruby reviews the July month report. D. City Attorney: 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 July 23,2024.(TEO) C. Reappointment to the Eagle Urban Renewal Agency- Seat 2: In accordance with Resolution 24-05, Mayor Pike is requesting Council Confirmation of the reappointment of Jerry Brakebill to the City of Eagle Urban Renewal Agency. Mr. Brakebill will be continuing to serve as Seat 2 for the Agency for a second two(2)year term that will expire in August 2026. (BKP) D. Service Maintenance Agreement Between the City of Eagle and DataWorks Plus: Staff is requesting Council to authorize the Mayor to execute the maintenance agreement between the City and DataWorks plus.The term of the agreement is 12-months and shall not exceed$780.00.(DNG) E. Service Agreement Between FRSecure LLC and the City of Eagle: A Service Agreement between FRSecure LLC and the City of Eagle to provide security assessment services in an amount not to exceed$19,050. (DKG) F. Resolution 24-06 - Donation Policy: A Resolution of the City of Eagle, Ada County, Idaho, adopting a Donation Policy and providing an effective date. (TEO) G. Temporary Noise Ordinance Waiver Request:The Eagle Jazz Festival,Inc.is requesting a noise waiver for the Eagle Jazz & Blues Fest event happening on September 20, 2024, at the hours of 8:00 p.m. - 11:00 p.m. The event is being held at 132 E State Street,Eagle,Idaho.(TEO) Page 1 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-08-27.24min.docx H. Lease Agreement Amendment No. 1 between the City of Eagle and the Eagle Community Food Bank Inc.: A Lease Agreement Amendment between the City of Eagle and the Eagle Community Food Bank,Inc.to lease space at 310-312 East State Street,Eagle,extending the lease for 12 months. The Lease Agreement Amendment term shall begin October 1, 2024, and shall expire September 30,2025. (BKP) I. 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) J. FP-2022-04-EXT2 —Final Plat Extension of Time for Snoqualmie Basin Subdivision —Red Butte LLC, Represented by Becky Yzaguirre with Ardurra: Red Butte LLC, represented by Becky Yzaguirre with Ardurra, is requesting a final plat extension of time for Snoqualmie Basin Subdivision, a 35-lot (26-residential, 4-commercial, 5-common) mixed-use planned unit development.The 12.84-acre site is located on the southwest corner of West Floating Feather Road and North Palmer Lane at 1833 North Palmer Lane.(KRD) K. FPUD-2024-06/FP-2024-09 — Final Planned Unit Development and Final Plat for Carrara Estates Subdivision No.3—Toll Southwest,LLC: Toll Southwest, LLC, represented by Becky McKay with Engineering Solutions, LLP, is requesting final planned unit development and final plat approvals for Carrara Estates Subdivision No.3,a 32-lot(25-buildable,7-common)residential planned unit development.The 29.22-acre site is located on the north side of West Floating Feather Road approximately 2,280-feet west of North Eagle Road. (ASG) L. FP-2024-11 — Final Plat for Cadenza Court Subdivision — MJV Properties, LLC: MJV Properties, LLC, represented by Amanda Wiemiller and Darin Taylor with David Evans and Associates, Inc., is requesting final plat approval for Cadenza Court Subdivision, a 14-lot (8- buildable and 5-common, 1-private street)residential subdivision. The 1.38-acre site is located on the east side of South Parkinson Street approximately 35-feet south of the intersection of South Parkinson Street and East Syringa Street at 540 South Parkinson Street. (ASG) M. DR-2024-35 — One Building Wall Sign for Old State Saloon — Old State Saloon: Old State Saloon,represented by Devan Hardwick with Pro Trade Construction, is requesting design review approval for one non-illuminated building wall sign.The 0.32-acre site is located on the north side of East State Street approximately 155-feet east of North Eagle Road at 50 East State Street.(ERF) N. DR-2023-70 — Multi-Tenant Restaurant with a Drive-Through and Retail Building — Rennison Companies:Rennison Companies,represented by Walt Lindgren with Lindgren Labrie Architecture, is requesting design review approval of a 6,304-square foot, multi-tenant restaurant with a drive-through and retail building. The 1.46-acre site is located on the northeast corner of State Highway 44 and South Edgewood Lane at 650 South Edgewood Lane within East End Marketplace. (ERF) O. DR-2023-71 — Master Sign Plan for a Multi-Tenant Restaurant with a Drive-Through and Retail Building — Rennison Companies: Rennison Companies, represented by Zach Turner, is requesting design review approval for a master sign plan for a multi-tenant restaurant with a drive- through and retail building. The 1.46-acre site is located on the northeast corner of State Highway 44 and South Edgewood Lane at 650 South Edgewood Lane within East End Marketplace. (ERF) P. Findings of Fact and Conclusions of Law for the Approval of FPUD-2024-02/FP-2024-04— Final Development Plan 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 development plan 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) Q. Idaho Power Service Request for Eagle Shooting Sports Park Located at 7650 N. Willow Creek Road:Approval of a Service Request to Idaho Power for the extension of electrical service Page 2 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-08-27-24min.docx for single phase power from Chantry Lane to the park entrance for the installation of lighting and security cameras in an amount not to exceed $100,000. (NBS) R. 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) *This item was continued from the August 13,2024, City Council meeting. S. Development Agreement for RZ-10-23 — Rezone Modification for Wildernest River Subdivision — Toby and Linda Williamson: Council authorization for Mayor to execute the development agreement associated with Wildernest River Subdivision. The approximately 88.0- 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) T. *Service Agreement Between the City of Eagle and Syman Erosion Control: An agreement between the City of Eagle and Syman Erosion Control for services to be performed at the Eagle Shooting Sports Park, and authorizing the Mayor to execute the same. Staff is requesting Council approval of a professional services agreement for restoration seeding and erosion control at the Eagle Shooting Sports Park in an amount not to exceed$23,420.The quote was received consistent with the City of Eagle Purchasing Policy. (NBS) U. *Service Agreement Between the City of Eagle and Anvil Fence Company: A service agreement between the City of Eagle and Anvil Fence Company for the purchase and installation of fencing at the Eagle Shooting Sports Park,and authorization for the Mayor to execute the same. Staff is requesting Council approval of a professional services contract for installation of fencing at the Eagle Shooting Sports Park in an amount not to exceed $49,985. The quote was received consistent with the City of Eagle Purchasing Policy. (NBS) V. *Appointment to Eagle Urban Renewal Agency Board Seat 5: In accordance with Resolution 24-05, Mayor Pike is requesting Council confirmation of the appointment of Michael Hope to the Board. Seat 5 is a three-year adjusted term that has been filled by a holdover Board Member, therefore Mr.Hope's term will be effective from confirmation and expire in August of 2026.(BKP) W. *Appointment to Eagle Urban Renewal Agency Board Seat 6: In accordance with Resolution 24-05 Mayor Pike is requesting Council confirmation of the appointment of Thomas Dietrich to the Board. Seat 6 is a three-year term,Mr.Dietrich's term will begin in November 2024 and expire in November of 2027. (BKP) Mayor Pike introduces the item. May requests item 7M be removed. Russell requests item 7F be removed. Director of Long-Range Planning and Projects, Nichoel Baird-Spencer requests items 7T and 7U be removed. Kvamme would also like to discuss item 7N. Janet Buchert, 235 W. Floating Feather Rd., Eagle, Idaho. Buschert requests items 7Q and 7U be removed. She inquires about the reason and timing of changes to the Capital Plan and would like clarification if the amounts are in the estimates for those capital projects. Russell moves to approve Consent Agenda items 7A-W,excluding F,M,N,Q,T and U.Seconded by May. MAY AYE; RUSSELL AYE; KVAMME AYE.MOTION CARRIES. F. Resolution 24-06 - Donation Policy: A Resolution of the City of Eagle, Ada County, Idaho, adopting A Donation Policy and providing an effective date. (TEO) Mayor Pike introduces the item. Russell would like a clarifying sentence added to section 1, bullet point 5. Adding a sentence at the end of the bullet point. It would read:"This would not apply to any item identified in the Capital Plan that is not fully funded." Discussion. Page 3 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-08-27-24min.dock Russell moves to approve item F with the stated addition. Second by Kvamme. MAY AYE; RUSSELL AYE; KVAMME AYE.MOTION CARRIES. M. DR-2024-35 — One Building Wall Sign for Old State Saloon — Old State Saloon: Old State Saloon,represented by Devan Hardwick with Pro Trade Construction, is requesting design review approval for one non-illuminated building wall sign. The 0.32-acre site is located on the north side of East State Street approximately 155-feet east of North Eagle Road at 50 East State Street.(ERF) Mayor Pike introduces the item. May has questions regarding the placement of the sign. Planner II,Emily Falco displays the sign exhibits. Dana Sheeri, 50 E. State Street, Eagle, Idaho, representing Old State Saloon, makes herself available for questions. May seeks clarification on the sign placement, and questions if the Eagle Drug Store sign will be permanently removed. Discussion about the Drug Store Sign removal and perhaps donation to the City due to the historical nature of the sign and significance to Eagle history. Falco states that the Museum Director was consulted and would be thrilled to receive the sign as part of the City's collection. Those conversations have not been had to date with the owners of State Street Saloon. May moves that consent agenda item 7M be approved. Seconded by Russell. MAY AYE; RUSSELL AYE; KVAMME AYE.MOTION CARRIES. N. DR-2023-70 — Multi-Tenant Restaurant with a Drive-Through and Retail Building — Rennison Companies: Rennison Companies,represented by Walt Lindgren with Lindgren Labrie Architecture, is requesting design review approval of a 6,304-square foot, multi-tenant restaurant with a drive-through and retail building. The 1.46-acre site is located on the northeast corner of State Highway 44 and South Edgewood Lane at 650 South Edgewood Lane within East End Marketplace. (ERF) Mayor Pike introduces the item. Russell would like an additional condition to address flooding around the pathway. She has met with Planning Staff and asked they further present the concerns and proposed language to address her concern. Planner II, Emily Falco reviews site images that display the drainage concern and provides language for consideration for inclusion to address the flooding on the pathway. Potential language could read: "The applicant shall address/fix the site drainage so that the sidewalk/pathway located near the southwest corner of the site (along SH44) is never covered with water. The drainage solution(up to and including elevating the sidewalk/pathway) shall be reviewed and approved by staff and the city engineer prior to construction. The drainage problem shall be resolved prior to the issuance of a building permit." Russell moves to approve consent agenda item 7N as stated by staff. Seconded by May. MAY AYE; RUSSELL AYE; KVAMME AYE.MOTION CARRIES. Kvamme would like the architectural items to be addressed as he does not believe they have been sufficiently addressed. The applicant has indicated that the architectural category is Craftsman and Mediterranean; however, Kvamme disagrees with their statement. He would like the applicant to come back with an alternative. Zoning Administrator Vaughan states that procedurally,due to the nature of the two separate items, it would be best if the original motion was rescinded, then both Russell and Kvamme's concerns may be discussed and then potentially acted upon. Page 4 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-08-27-24min.docx Russell moves to rescind her motion. Seconded by May. MAY AYE; RUSSELL AYE; KVAMME AYE.MOTION CARRIES. Russell discusses the architecture of the project in relation to other developments in the vicinity and does not believe it needs to be changed. Kvamme does not believe the architecture of one development needs to dictate the architecture of another. He does not want this building to set the style for the entire development.He addresses his concerns with the proposed architecture style of this application. The applicant identified the style as Craftsman and Mediterranean; however, Kvamme does not feel that the proposed design falls into those categories. Items he would like the applicant to address include the amount of battleship grey stucco showing and would prefer brick be included. Kvamme would also like to discuss requiring slanted parking into the development. Discussion. Kvamme moves asks the applicant to come back in 2 weeks to modify the siding materials on the building and incorporate some angled parking into the design,and present that at a future meeting. Seconded by May. MAY AYE; RUSSELL NAY; KVAMME AYE. MOTION CARRIES. Q. Idaho Power Service Request for Eagle Shooting Sports Park Located at 7650 N. Willow Creek Road: Approval of a Service Request to Idaho Power for the extension of electrical service for single phase power from Chantry Lane to the park entrance for the installation of lighting and security cameras in an amount not to exceed$100,000.(NBS) Mayor Pike introduces the item. Director of Long-Range Planning and Projects, Nichoel Baird Spencer reviews the request. The item is included in the Capital Plan. The existing site is encountering vandalism; power is not currently accessible on site,thus the request to enable the installation of lighting and cameras hoped to mitigate the issue. The item is in the current year Capital Plan. Russell moves to approve item 7Q. Seconded by May. MAY AYE; RUSSELL AYE; KVAMME AYE.MOTION CARRIES. T. *Service Agreement Between the City of Eagle and Syman Erosion Control: An agreement between the City of Eagle and Syman Erosion Control for services to be performed at the Eagle Shooting Sports Park, and authorizing the Mayor to execute the same. Staff is requesting Council approval of a professional services agreement for restoration seeding and erosion control at the Eagle Shooting Sports Park in an amount not to exceed$23,420.The quote was received consistent with the City of Eagle Purchasing Policy. (NBS) Mayor Pike introduces the item. Director of Long-Range Planning and Projects, Nichoel Baird Spencer states that there are scriveners' errors in the document that was provided to Council and reviews the corrections that are required prior to Council's action tonight. This expenditure is in the current year Capital Plan. May states that she discussed these items with Staff prior to the meeting and appreciates them being addressed prior to action. Discussion. May moves to approve item 7T as presented by staff with the added explanation. Seconded by Russell.MAY AYE; RUSSELL AYE; KVAMME AYE.MOTION CARRIES. U. *Service Agreement Between the City of Eagle and Anvil Fence Company: A service agreement between the City of Eagle and Anvil Fence Company for the purchase and installation of fencing at the Eagle Shooting Sports Park,and authorization for the Mayor to execute the same. Staff is requesting Council approval of a professional services contract for installation of fencing at the Eagle Shooting Sports Park in an amount not to exceed $49,985. The quote was received consistent with the City of Eagle Purchasing Policy. (NBS) Mayor Pike introduces the item. Page 5 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-08-27-24min.docx Director of Long-Range Planning and Projects, Nichoel Baird Spencer states that there are scriveners' errors in the document that was provided to Council and reviews the corrections that are required prior to Council's action tonight. This expenditure is in the current year Capital Plan. Russell approves item 7U. Second by May. MAY AYE; RUSSELL AYE; KVAMME AYE. MOTION CARRIES 8. UNFINISHED BUSINESS: None 9. PUBLIC HEARINGS: None 10. NEW BUSINESS: A. ACTION ITEM: Ordinance 924-Title 11A Zoning Ordinance Amendment- Spring Valley Planned Development: An ordinance to the City of Eagle, Ada County Idaho, amending Title 11A, 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 2, 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) Mayor introduces the item. Russell 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#924 be considered after being read once by title only. Seconded by May. MAY AYE;RUSSELL AYE; KVAMME AYE.MOTION CARRIES Russell moves that Ordinance #924 be adopted. An ordinance to the City of Eagle, Ada County Idaho, amending Title 11A, 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 2,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.Seconded by May. MAY AYE;RUSSELL AYE;KVAMME AYE.MOTION CARRIES. B. ACTION ITEM: Discussion and Council Recommendation Regarding Fiber Optic Phases 2 through 4.(ELZ) Mayor Pike introduces the item. Public Works Director,Eric Ziegenfuss discusses phasing options for the fiber network installation as new information has come to light regarding the expressed needs of the Valnova Developer. Staff is seeking Council direction as to whether they wish to move forward with phases 1-4 immediately to facilitate potential fiber offerings to the Valnova development in a more expediate timeline. General discussion. Funding is currently available. These phases discussed tonight would be for new developments and address backbone infrastructure.This is not addressing any funding options. Funding options,be it an LID or other resources,would be addressed at a future time. Page 6 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-0S-27-24min.dock Russell directs staff to initiate the bid process to complete the fiber project and to engage HECO for the formal bid process. Seconded by May. MAY AYE; RUSSELL AYE; KVAMME AYE.MOTION CARRIES. 11. 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. ACTION ITEM: Action Regarding Pending/Threatened Litigation. Executive session is not needed. 12. ADJOURNMENT: Russell moves to adjourn. Seconded by Kvamme. ALL AYE...MOTION CARRIES. Hearing no further business,the Council meeting was adjourned. °°°°° Respectfully submitted: Q-: E •••0 % 0 ° t A • Q K 0 Cij O : T Y E. O , CMC w°•aJ s=®o:,s c CITY CLE •••°••°• APPROVED: BRAD PIKE, MAYOR AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT WWW.CITYOFEAGLE.ORG. Page 7 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-0S-27-24min.docx 9/16/2024 Fiber Optic ERIC ZIEGENFUSS DIRECTOR OF PUBLIC WORKS 08-27-2024 1 Recent History • The Council has directed staff to transition from a comprehensive citywide build to a phased approach for the fiber project, with city staff overseeing contracted construction efforts. • The initial large-scale project has been divided into four separate construction phases to ensure budget feasibility and align with staff capacity. • Staff has already completed an informal bid process for Phase One (State Street to Guerber Park) and is currently reviewing the submitted bids. In light of new information, staff is considering potential adjustments to the project. 2 1 9/16/2024 Staff Suggestion for Future Planning The staff recommends that we initiate a bid for the complete construction from State Street to the Sports Complex. x AGLE 3 Benefits of Bidding as a Complete Project • Cost Efficiency • Streamlined Project Management • Consistent Quality • Faster Completion • Reduced Risk of Contractor Turnover • Improved Resource Allocation • Comprehensive Planning and Design • Increased ContractorAccountability 4 2 9/16/2024 City Parks Connectivity Adding a crossing at Floating Feather and HWY 55 to connect the Ada Eagle Sports Complex. ass: 5 New Developments in Progress Commercial Development Crossing at Highway 44 Eagle River r vnwes Deoukte A 6 3 9/16/2024 Valnova Phase 1=25o Homes/ May 2025 Sports Park Communication Issues • excio 7 East End Market Place Commercial Development Crossing at Highway 44 Eagle River 8 4 9/16/2024 Action Needed from Council The staff is requesting: • Council approval to proceed with bidding the complete project for phases 1-4(City Hall to Sports Complex) in order to implement the recommendations provided. • Council authorization to engage HECO Engineering for the formal bidding process. 9 5