Minutes - 2020 - City Council - 03/24/2020 - Regular EAGLE CITY COUNCIL
MINUTES
March 24,2020
1. CALL TO ORDER: Mayor Pierce calls the meeting to order at 5:30 p.m.
2. ROLL CALL: Present: PIKE, GOLD[under protest],PITTMAN[under protest], BAUN.
All present. A quorum is present.
Pittman clarifies that he is present under protest, as he feels City business should be suspended due
to COVID-19. He had e-mailed the Council expressing his concerns, and while he understands
that he could have called in —as he is in a high-risk category- he feels that it is important that he
attend. He expresses concern with continuing to hold meetings during the pandemic. Discussion.
Pike calls point of order and requests the agenda be adhered to rather than continue the discussion
at this time.
3. PLEDGE OF ALLEGIANCE: Mayor Pierce leads the Pledge of Allegiance
4. ADDITIONS,DELETIONS OR MODIFICATIONS TO THE AGENDA:
A. City Staff Requests: None
B. Mayor or City Council requests. Pittman would like to amend the agenda to discuss
future city meetings and business to be added as item G under New Business. Gold would like
to add an item to add a formal ethics review process, as item H under New business.
Mayor requests to amend the agenda to add item I, Lanewood and Beacon Light Water Main
Extension, Change Order#1.
Mayor Pierce notes that there are no agenda items for which public comment or public hearing
testimony would be required tonight.
City Attorney Villegas states that in accordance with Idaho Code,the amendment to the agenda
requires a good faith statement of why the items are being added and the reason it was not
added to the original agenda posting, and asks that Mayor and Council address that in their
motions to amend the agenda.
Pittman moves to amend the agenda to include an item 7G under New Business to discuss
future public engagement for all the City hearings and Committees for the foreseeable
future. Seconded by Gold. Discussion. Pittman states that it wasn't originally on the
agenda because of recent developments due to the Coronavirus update. Seconded by
Gold. ALL AYE... MOTION CARRIES.
Gold moves to include the addition of New Business item 7H for the addition of a formal
public ethics review process. Back in January under reports,she had discussed an email
that they received from a resident asking for access of a formal process and they did not
have one. Seconded by Pittman. ALL AYE... MOTION CARRIES.
Pittman moves to add item 7I for the Water Department change order, is being added as
it just came in today and failure to act tonight will impact the construction timeline.
Seconded by Gold. ALL AYE... MOTION CARRIES.
Pittman moves to approve the agenda as it's been amended. Seconded by Gold. ALL
AYE... MOTION CARRIES.
5. ALL CONSENT ITEMS ARE CONSIDERED ACTION ITEMS: CONSENT AGENDA:
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• 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 March 10,2020.
C. Service Agreement for Animal Control Services for FY 2019-2020: An agreement
between the City of Eagle and the Idaho Humane Society to provide animal control services
for the remainder of fiscal year 2019-2020. The contract shall not exceed $70,000. (BJ)
D. Facility Use Agreement between Eagle United Methodist Church and the City of
Eagle: A request for City Council to authorize an agreement with Eagle United Methodist
Church located at 651 N. Eagle Rd., Eagle, Idaho 83616 for Eagle Parks and Recreation to
conduct classes and activities and not to exceed $25.00 per hour per room. (BJ)
E. Warranty Deed for Well#6 located in Snooualmie Village No. 1.Lot 2,Block 1,to be
transferred to the City of Eagle from North Corridor, LLC.
Request for City Council acceptance of the transfer of the deed from North Corridor, LLC,
to the City of Eagle. (MJW)
F.Cost-Share Agreement for Downtown Parking Study: Request to authorize the Mayor to
sign a 50/50 cost-share agreement with the EURA for a Comprehensive Downtown Parking
Study in a total amount not to exceed $97,751, with the City's portion not to exceed
$48,875.50. (RC)
G. Telecommute Policy: Council approval for the Telecommute Policy for the City of Eagle.
H. Appointment to the Development Impact Fee Advisory Committee: In accordance with
Resolution 14-19, Mayor Pierce is requesting Council confirmation of the appointment of
Bob Van Arnem to the Development Impact Fee Advisory Committee. Mr. Van Arnem will
be serving a term that will end in March of 2023.
Pittman requests 5C and 5D be removed from the Consent Agenda.
Pike requests 5F be removed from the Consent Agenda.
Gold moves to approve the Consent Agenda excluding item 5C, 5D and 5F. Seconded by
Pittman. Pike: AYE; Gold: AYE; Pittman: AYE; Baun: AYE. ALL AYES: MOTION
CARRIES.
C. Service Agreement for Animal Control Services for FY 2019-2020: An agreement
between the City of Eagle and the Idaho Humane Society to provide animal control services
for the remainder of fiscal year 2019-2020. The contract shall not exceed $70,000. (BJ)
Mayor Pierce introduces the item.
Pittman requests an update of the most recent findings of the Animal Control Committee.
Chief Clifford states that as the Committee continues to review the services needed and desire for
animal control. At this time based on services provided and cost analysis the Committee feels that
utilizing the Humane Society is the best option for the City even with the costs associated with the
same.
General discussion. Pittman, Chief Clifford and the Mayor agree that they would like to retain the
Committee in place and utilize these extraordinary volunteers in the future. Gold would like to be
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the liaison for this Animal Control Committee. Baun asks if the Committee can put together an
estimated cost for which we break even and/or exceed the existing one.
Pittman moves to approve consent agenda item 5C Service Agreement for Animal Control
Services for FY 2019-2020.Seconded by Pike. Pike:AYE; Gold:AYE;Pittman: AYE; Baun:
AYE. ALL AYES... MOTION CARRIES
D. Facility Use Agreement between Eagle United Methodist Church and the City of
Eagle: A request for City Council to authorize an agreement with Eagle United Methodist
Church located at 651 N. Eagle Rd., Eagle, Idaho 83616 for Eagle Parks and Recreation to
conduct classes and activities and not to exceed $25.00 per hour per room. (BJ)
Mayor Pierce introduces the item.
Pittman inquires if the intent of the agreement is to utilize The Landing Property and then move to
the church when the Landing property has been sold. Mayor Pierce confirms that is the intent and
the Recreation Department will be able to utilize the Landing until it is sold. The Recreation
Director was attempting to secure alternate locations for classes and activities when The Landing
property is no longer available.
Gold questions the dates listed in the agreement could conflict based on current circumstances with
the pandemic. Discussion. Baun expresses that he would like to have an alternative in place, such
as the Facility Use Agreement. Mayor Pierce notes that the Fire Chief has expressed interest in
using the recreation center for a quarantine location should one of his employees be exposed to the
COVID-19, as the recreation center is not in use due to closure associated with the current State of
Emergency. Discussion.
Pittman moves to deny the consent agenda 5D-Facility Use Agreement between Eagle United
Methodist Church and the City of Eagle. Seconded by Gold. ALL AYE... MOTION
CARRIES.
F.Cost-Share Agreement for Downtown Parking Study: Request to authorize the Mayor to
sign a 50/50 cost-share agreement with the EURA for a Comprehensive Downtown Parking
Study in a total amount not to exceed $97,751, with the City's portion not to exceed
$48,875.50. (RC)
Mayor Pierce introduces the item.
Pike states his concerns with how future revenue streams will be impacted due to the current
COVID-19 circumstances, he would rather not expend funds out of the general fund until the City
has a better of idea of financial impact. He would like it tabled for future consideration.
Pike moves to table consent agenda item 5F to a later date to be determined by the Mayor
when we deem the Coronavirus has subsided enough to look into future revenue streams that
cost the City out of the general fund. Seconded by Baun. Discussion.ALL AYE... MOTION
CARRIES.
6. UNFINISHED BUSINESS:
A.ACTION ITEM: Update on City Initiated Application CPA-02-19: Eagle Foothills
Comprehensive Plan: Discussion on the hearing timeline for the City initiated application: CPA-
02-19— Eagle Foothills Comprehensive Plan. (NBS)
Mayor Pierce introduces the item.
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Gold requests this item be tabled until after the state of emergency has lifted. Seconded by
Pike. ALL AYE... MOTION CARRIES.
B ACTION ITEMDiscussion of Two Rivers Sportsmen's Parking Area
Mayor Pierce introduces the item and reads three(3) letters from the public regarding this item.
Pike states he had no prior knowledge of this matter prior to being elected to office and would like
more information regarding the legal aspect of this item.
City Attorney provides information regarding the legal proceedings pertaining to the matter.
General discussion.
Mayor Pierce states he does not feel additional funds should be spent on this matter.
Gold moves to continue with the Two Rivers lawsuit and proceed to the Supreme Court date
as scheduled. Seconded by Pittman. Discussion. PIKE AYE: GOLD; AYE: PITTMAN;
AYE: BAUN: NAY. THREE AYE... ONE NAY... MOTION CARRIES.
7. NEW BUSINESS:
A. ACTION ITEM Reconsideration of A-02-19/RZ-05-19/CU-04-19/PPUD-03-19/PP-05-
19 — Annexation, Rezone with a Development Agreement, Conditional Use Permit,
Preliminary Development Plan, and a Preliminary Plat for Whitehurst Subdivision -
Mustang 35, LLC: Tom Ricks with Madera Development, Inc. is requesting reconsideration of
the City Council decision pertaining to Whitehurst Subdivision. (MJW)
Mayor Pierce introduces the item.
Planner III, Mike Williams reviews the request for reconsideration submitted by Mustang 35 LLC.
Tom Ricks is unable to attend the meeting due to the Coronavirus and State of Emergency.
Williams clarifies this is not a public hearing, the item before you tonight is to determine if the
Council wants to allow a reconsideration or move forward with the actions Council has previously
made regarding the Mustang 35 LLC application. General discussion.
Baun moves to decline reconsideration of A-02-19/RZ-05-19/CU-04-19/PPUD-03-19/PP-05-
19 — Annexation, Rezone with a Development Agreement, Conditional Use Permit,
Preliminary Development Plan, and a Preliminary Plat for Whitehurst Subdivision —
Mustang 35,LLC: Seconded by Pike. ALL AYE... MOTION CARRIES.
B. ACTION ITEM: Stipulation for Withdrawal of City of Eagle Water Right Protest
Associated with Idaho Department of Water Resources Permit No. 63-34807 — Peterman
Nampa, LLC. (MJW)
Mayor Pierce introduces the item.
Planner III, Mike Williams reviews the item. The protest was filed because the water right requests
actually fell within the City's water service area in the Western area. After standard proceedings
relating to water protests, a stipulation was arrived at that both parties agree upon. The proposed
stipulation reads: "Upon annexation of the property,you can continue with your water right request
but upon annexation of the property, you will dedicate those water rights to the City of Eagle for
use in its municipal system."
Discussion for clarification.
Gold moves to direct the Mayor to sign the Stipulation for Withdrawal of the City of Eagle
Water Right Protest Associated with Idaho Department of Water Resources Permit No.63-
34807—Peterman Nampa,LLC. Seconded by Baun.ALL AYE... MOTION CARRIES.
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C. ACTION ITEM: Stipulation for Withdrawal of City of Eagle Water Right Protest
Associated with Idaho Department of Water Resources Permit No.63-34801 and Application
of Amendment Permit No. 63-34281—Kenrick Thomas. (MJW)
Mayor Pierce introduces the item.
Planner III, Mike Williams reviews the item. The property in question is adjacent to the Avimor
property. Kenrick Thomas is requesting 5cfs water right, which is a significant request. Thomas
currently has an agreement with Avimor that if Avimor further develops the property on the western
side of Highway 55 and some on the eastern side that Mr. Thomas will provide them with potable
water. Planner Williams states that the area in question is noted as part of the City's future water
service area as noted in the Master Water Plan. After discussions, a stipulation agreement similar
to the item just heard was agreed upon which states annexation the permit holder shall convey all
or a proportionate share of the water rights. The proposed stipulation reads: "Upon annexation of
any portion of the place of use into the City of Eagle, the permit holder shall convey and transfer
all, or a proportionate share, of this water right to the City of Eagle for use in its municipal system,
to provide service to such place of use."
Discussion for clarification.
Pike moves to Stipulation for Withdrawal of City of Eagle Water Right Protest Associated
with Idaho Department of Water Resources Permit No. 63-34801 and Application of
Amendment Permit No. 63-34281 —Kenrick Thomas which was dated on March 12th of this
year 2020. Seconded by Baun. Discussion. Pike clarifies to authorize the Mayor to sign the
stipulation. Second concurs. ALL AYE... MOTION CARRIES.
D. ACTION ITEM: Discussion of Financial Support for the Eagle Senior Center
Mayor Pierce introduces the item.
Pittman discusses the financial need of the Eagle Senior Center and their request of funding from
the City. He suggests at least $10,000 per month to assist funding operations, he would like to
amend the current budget and begin funding operations at the Senior Center. Discussion. Pittman
will forward the financial information to Council to review, the Center has indicated that the City
used to provide financial assistance. Pike suggests looking into funding alternatives like increasing
fees, sponsoring a senior day, or grant opportunities. He would like to look at the numbers more
specifically. Mayor Pierce notes that he has had discussions with the Public Works Director and
ways the City can assist them. Discussion.
Pittman moves that because the emergency situation and funding needs for the Senior Center
that the Council and Mayor authorize an expenditure from the reserve account in the amount
of$25,000 until we can figure out a budgeted item for support for the Senior Center for 2020.
Seconded by Gold. Discussion.PIKE:AYE;GOLD:AYE;PITTMAN:AYE;BAUN: AYE...
MOTION CARRIES.
E. ACTION ITEM: Discussion of City Attorney Changes
Mayor Pierce introduces the item.
The Mayor has received requests by staff and there has been discussion to bring on MSBT to
provide additional legal support to City Attorney Villegas as there have been numerous ordinances
and orders that have been written recently. The Mayor wants to ensure there is adequate attorney
time to address items. He is bringing forward the offer presented by MSBT.
Pike states that the letter dated February 5, 2020 from MSBT Law was just provided tonight and
he hasn't had time to review. He would like a brief recess to review them.
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Gold distributes letters from the Idaho State Bar pertaining to the receipt of grievances filed against
attorneys with MSBT Law. Pittman addresses his concerns with moving forward with MSBT.
Mayor Pierce reads an email from Cherese McLain into the record. Discussion.
Pike would like to investigate hiring an attorney in house and do a cost analysis for the same.
Perhaps a special meeting or workshop regarding the matter would be helpful, continuity is
important. There is a lot of value having an attorney in-house. Discussion.
Pittman moves to decline the services offered by MSBT Law and that we put into place an
RFP for legal services on a temporary basis. Seconded by Gold. Discussion. Pittman amends
his motion to clarify having a workshop to investigate bringing legal services in house or move
forward with issuing an RFP. Discussion. Second concurs. PIKE: AYE; GOLD: AYE;
PITTMAN: AYE; BAUN: AYE... MOTION CARRIES.
F. ACTION ITEM: Republic Services Trash Pickup Start Time Chance: Republic Services
is requesting Council approve a temporary 6:00 am start time for Residential Trash Pickup.
Mayor Pierce introduces the item.
Discussion.
Baun moves that the Council approve the Mayor to amend the existing contract with
Republic Services to allow them to temporarily pick up trash at 6 am for residential trash
pickup until such time as the emergency order is no longer in place. Seconded by Pike.
Discussion. Pittman would like either the Mayor or a designee touch base with those who
have repeatedly expressed issue with the time of trash pickup to let them know of this new
allowance. Baun agrees to the amendment.Discussion.Second agrees. ALL AYE...MOTION
CARRIES.
G. Discussion regarding of future public engagement.
Mayor introduces the item.
Pittman wants to ensure that the public is kept well informed as to how the City is moving forward
during these unprecedent times.
Mayor Pierce reviews the Local Emergency Disaster Order that suspended all public hearings.
There will be no more public hearings or public comments for the time being. The only items that
will be agenized are regular business items where public comment or testimony would not normally
be heard. People can still watch from home. The Order also allowed that if should technology be
in place, public hearings may resume.
Mayor Pierce gives an update of his briefings with the State and Central District Health pertaining
to the COVID-19 emergency.
Discussion.
H. Discussion of a formal ethics review process.
Gold states that in response to an e-mail inquiry from a resident back in January, Eagle does not
have a formal process for residents to address ethics issues. Other cities have ethics Commissions
or Departments of government transparency. She would like the Mayor to work with staff and legal
counsel to come up with recommendations for Council to review, discuss and act on the it in the
future.
City Attorney Villegas provides clarification regarding legal requirements pertaining to items
added to the agenda.
Gold requests this be an action item for the next agenda.
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I. Lanewood and Beacon Light Water Main Extension, Change Order #1 in the amount of
$14,301.97.
Mayor introduces the item.
Gold moves to approve the Lanewood and Beacon Light Change Order #1. Seconded by
Pittman. Discussion. PIKE: AYE; GOLD: AYE; PITTMAN: AYE; BAUN: AYE...
MOTION CARRIES.
8. ADJOURNMENT:
Gold moves to adjourn. Seconded by Pike. ALL AYE...MOTION CARRIES.
Hearing no further business, the Council meetin adjourned at 7:53 p.m.
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MAYOR
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT
W W W.CITYOFEAGLE.ORG.
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Mike Williams
From: thomas Ricks <ricks_t@msn.com>
Sent: Tuesday, March 24, 2020 3:24 PM
To: Kristl Caron
Cc: Mike Williams;JoAnn Butler
Subject: Re: Eagle City Council meeting - March 24, 2020
Kristi,
Thank you for the email below. I would like the opportunity to speak to the council in relation to the March 24th agenda
item concerning a request for reconsideration of Whitehurst Subdivision. I am not though, prepared to attend the
hearing at 5:30 today because of the coronavirus issue and the related emergency declarations issued by the governor
and Mayor Pierce.
Would you please keep me informed as to when I would have the opportunity to address the mayor and council
concerning this matter.
Thank you,
Tom Ricks
Madera Development, Inc.
From: Kristl Caron <kcaron@cityofeagle.org>
Sent: Friday, March 20, 2020 10:52 PM
Subject: Eagle City Council meeting- March 24, 2020
Good afternoon,
You are receiving this email because you have an item on the March 24th City Council meeting agenda. Individual
packet items can be accessed by clicking the links in the meeting agenda which can be accessed via the following
link: httos://eaele-id.eranicus.com/GeneratedAeendaViewer.ohn?view id=1&event id=2006
Thank you,
Kristl Caron
Administrative Clerk II - Planning &Zoning
City of Eagle
(208) 939-0227
1
s `
ir ,
Stan Ridgeway City of Eagle Council Members:
Mayor P.O.Box 1520 Jeff Kunz
Eagle,Idaho 83616 Stan Bastian i
208-939-6813 Naomi Preston
Craig Soelberg
January 14,2020
Two Rivers Homeowners'Association
do Michelle Antonov
Sentry Management Co.
6149 N.Meeker Pl. Suite 150
Boise,ID 83713
RE:Removal of parking lot within Two Rivers Subdivision No. 8,Lot 35,Block 24 without Design
Review approval
Dear Ms.Antonov,
On January 13,2020,an inspection of the common lot(Lot 35,Block 24),within Two Rivers
Subdivision No. 8,was completed by City staff following the receipt of a complaint regarding the
removal of the parking lot.During the inspection it was revealed that,in fact,the parking lot previously
required pursuant to the approval of design review application#DR-14-03 had been removed and
replaced with sod.Please note that pursuant to Eagle City Code Section 8-2A-1,any change to a
subdivision common area requires City design review approval prior making such change.
To remedy the code compliance issue,please submit a completed design review application for review
and consideration by the City within 30-days of the date of this letter.
Sincerely,
,,,,. r2tc i,kr-ez
Stan Ridgeway /J
Mayor V
Page I of 1
K:lpiuoiog DeptAMiie I.ettvt120201T io Rivas puking Int Ie2doe
January 24, 2020
Joseph W. Borton Via Electronic Mail
Borton-Lakey Law& Policy joe@borton-lakey.com
141 E. Carlton Ave
Meridian, ID 83642
Re: City of Eagle v. Two Rivers Subdivision Homeowners Association
Case No.: CV01-17-18705
Our File No.: 7200.176
Dear Joe:
In a letter dated January 14, 2020 to my client, attached for your review, former Mayor
Stan Ridgeway addresses the removal of the parking lot in Lot 35, Block 24 within the Two
Rivers subdivision. The letter specifically references the fact that the parking lot has been
removed and replaced with sod. The letter goes on to advise my client that any change to the
subdivision common area requires design review approval by the City. Finally, it requests that
my client submit a completed design review application for review and consideration.
As you are obviously aware, we are awaiting oral argument on the City's appeal of the
dismissal of its lawsuit against Two Rivers HOA in regard to the aforementioned lot and as to
whether a common law dedication took place. Former Mayor Ridgeway's letter appears to
concede the fact the HOA can do as is necessary with the lot. We nevertheless presume the
Idaho Supreme Court will affirm Judge Medema's Summary Judgment and award the attorney
fees on appeal we are seeking.
At this time, my client has authorized me to propose that if the City withdraws its appeal
on the common law dedication issue related to Lot 35 prior to oral argument, my client will
forego all requests for fees on appeal and will work with representatives of the City to submit an
appropriate design review application as requested in the attached correspondence. The design
will include the removal of the parking area and will blend the disputed area in with the existing
landscape.
We believe this is a fair and equitable resolution to the ongoing dispute between the City
and Two Rivers HOA and will allow the new administration a fresh start without this ancillary
issue taking up a significant part of its agenda.
137 CLS T S 0Ti- STREET AHO.COM 208-342-4300
GARDEN Cm ID 83714 F:208-342-4344
January 24,2020
Page-2
Please present this proposal to your client. I look forward to your response.
Very truly yours,
/s./
Michael E. Kelly
mek@kellylawidaho.corn
MEK/ts
cc:Kevin Zasio
Attachment
Borton.03.wpd
,;fdlioo
7699 W.RIVERSIDE DRIVE
BOISE,ID 83714
\ TELEPHONE:(208)331-1800
FACSIMILE:(208)331-1202
S
I T4 .a.W www.MSBTLAW.COM
ATTORNEYS AND COUNSELORS AT LAW
SHANNON M.ATWELL ANTHONY M.PANTERA,IV MICHAEL C.MOORE,Of Counsel
STEPHANIE J.BONNEY= GEOFFREY A.SCHROEDER DENNIS L.RADOCHA,Of Counsel
PAUL J.FITZER FRANCES R.STERN =Also admitted in Utah
JILL S.HOLINKA PAUL A.TURCKE
CHERESE D.MCLAIN
February 5, 2020
Via Email:jpierceC cityafea.ele,arR
The Honorable Jason Pierce, Mayor
City of Eagle
660 E. Civic Lane
Eagle, ID 83616
Re: City of Eagle, Idaho—Proposed Legal Services Agreement
Dear Mayor:
Thank you for providing us the opportunity to provide an offer of our legal services. We
are pleased to submit the proposed Legal Services Agreement to provide to the City of Eagle
City Attorney legal services attached hereto for your review. We are happy to discuss this in
further detail and amenable to requested changes to better serve the City.
Our office is fully staffed and prepared to provide general legal counsel services as well
as handle any current lawsuits or pending regulatory matters, as requested by the City. We look
forward to hearing from you.
Sincerely,
MS' A ',CHTD.
erese I. McLain
Shareholder
CDM:kd
Encl.
Legal Services Agreement for the City of Eagle
THIS AGREEMENT is made between the City of Eagle, Idaho, an Idaho municipal
corporation (hereinafter referred to as "Client" or"City"), and the law firm of MSBT Law, Chtd,
7699 W.Riverside Drive,Boise,Idaho,83714(hereinafter referred to as"MSBT"or"Attorneys").
The purpose of this agreement is to outline services to be provided by MSBT, to establish a
corresponding compensation structure, and further define the parties' relationship.
1. Description of Services
(a) MSBT will serve as the City Attorney and shall undertake work assigned by either the
Mayor, City Council, City Clerk, or other City employee(s) authorized to assign work
to MSBT in the representation of the City and City departments, boards, committees,
agencies, and as otherwise set forth in Idaho Code Sections 50-204 and 50-206.
(b) In the capacities described in paragraph 1(a) above, Attorneys will provide legal
counsel, advice and representation in a wide spectrum of civil issues facing a typical
Idaho governmental entity including but not necessarily limited to municipal
administrative and operational issues, land use, public works, contracts, real and
personal property, employment and personnel issues. Upon request, Attorneys shall
attend meetings, conduct legal research and render legal advice as requested by Client
at meetings, in writing or by telephone to the Mayor, Council and other employees so
designated and authorized on matters pertaining to the performance of Attorney's
official duties for Client. Attorneys may be called on to undertake other activities not
specified herein, at the direction of Client.
(c) City may request that MSBT represent City in specific projects and/or specific
departments,which MSBT may determine,due to the magnitude or depth of the project
or department, complexity of legal issues, staffing and workload considerations,
likelihood of litigation or similar factors should be handled as an individual billing
matter(s). In such instances, City and MSBT will consult and mutually determine
whether the project at issue will be covered within the general counsel status or will be
identified as a separate matter subject to a project-specific file and billing arrangement.
A separate task order may be issued by Attorneys to Client describing the specific
project, scope and compensation arrangements.
(d) MSBT shall provide legal advice and representation and shall perform such tasks and
services as are necessary, in the Attorney's judgment, to accomplish the above-
described duties. Attorneys' role is primarily that of adviser and counselor, not
decision maker, and the City is expected and required to authorize major decisions
regarding the outcome or conduct of the representation. Such"major decisions"might
include, but are not necessarily limited to: passing an ordinance; amending an
ordinance; enforcing an ordinance; interpreting an ordinance; accepting a contract;
negotiating a contract and its terms; settlement authority or terms; approval for filing
dispositive substantive motions; employment of expert witnesses or consultants; and
initiation or participation in appeal proceedings. Many matters, including litigation,
also include "additional decisions" involving matters of execution, strategy or tactics,
Legal Services Agreement for the City of Eagle—Page 1
which,due to scope,timing,or other factors will generally be addressed without formal
approval by the City. Such"additional decisions"might include but are not necessarily
limited to: structure and presentation of written and oral argument and selection of
exhibits, witnesses, terminology or techniques used in argument; routine
correspondence with court staff, agency personnel, opposing counsel or engaged
publics; direction and scope of legal research efforts; and other specific decisions or a
tactical nature.
2. Period of Agreement
The term of this Agreement shall commence immediately upon signing, and shall
continue until terminated by either party as set forth in paragraph 8 of this Agreement. The
parties may, however, upon the written request of either party, renegotiate any of the terms
of this agreement, with any mutually agreed-upon changes to take effect as specified.
3. Compensation
(a) For all legal representation under this Agreement,MSBT will calculate fees on
an hourly basis as follows: the first thirty (30) hours of work per month as City Attorney
MSBT will charge an hourly rate of$175.00 per hour for attorneys and$45.00 per hour for
paralegals. Additional hours beyond the above-stated thirty (30) hours per month shall be
charged at the hourly rate of$225.00 for Shareholders, $150 for associates, and $60 for
paralegals. These hourly rates may be amended from time to time by written agreement
with the City.
(b) Attorneys shall also be reimbursed for expenses necessitated by and
reasonably incurred in performance of Services outlined herein including, but not limited
to, court costs and filing fees, copying and printing expenses, postage, overnight delivery
or courier expenses, mileage, travel expenses where applicable, legal research(including
electronic research), and other charges normally associated with the provision of
professional services, provided that Attorneys will not charge City for up to the first
(500) copies per month or for mileage within Ada County.
4. Reporting and Communication
MSBT will communicate with the Client as the need indicates and as otherwise
requested by the Client throughout the duration of this Agreement. Similarly, Client shall
timely communicate with Attorneys as questions arise, as information becomes available
or as circumstances change regarding the matters covered by this Agreement. Material
actions taken by MSBT will be reviewed with the Client prior to implementation unless
some unforeseen or emergency circumstance arises where action by Attorneys is necessary
or may otherwise be reasonably taken without Client's prior review.
In addition to the above-described communication process, the City agrees: (1) to
promptly communicate with the Attorneys and advise them of any changes in goals or
expectations in any task or work requested by Client, litigation and/or representation,
Legal Services Agreement for the City of Eagle—Page 2
concerns about the existence or disclosure of privileged communications, and any material
factual developments that could influence the outcome or strategic posture of any litigation
and representation; (2)to abide by, and make reasonable efforts to ensure compliance with
any instructions provided by the Attorneys regarding strategic matters and communications
with the media or the general public regarding any work, litigation and/or representation;
and (3) to vigorously protect and defend the attorney-client privilege, attorney work-
product privilege and other protections covering communications between the City and the
Attorneys that are conducted in confidence and address matters pertaining to any work,
litigation and/or representation.
5. Confidentiality
All information gathered by or provided to Attorneys in the performance of
responsibilities set out in this Agreement will remain confidential throughout the term of
the Agreement and after the Agreement has terminated. No confidential information will
be released to a third party without the approval of Client or its designated agents,provided
that Attorney's duty and compliance hereunder shall be subject to the order of any court
with jurisdiction or the City's determination that specified information constitutes public
record(s)subject to disclosure under the Idaho Public Records Act or other applicable law.
6. Authority
The signatories to the Agreement aver and represent that they are fully empowered
and authorized to enter into this Agreement on behalf of their respective organizations.
7. Conflicts of Interest
As legal consultant to Client, Attorneys will refuse any new relationship or
agreement which will create a conflict under the Idaho Rules of Professional Conduct. On
rare occasions, conflicts develop among the interests of existing clients; in those cases,
Attorneys will make every effort to resolve the conflicts in such a way as to allow
uninterrupted representation for Client. Attorneys have reasonably evaluated and do not
anticipate any issue arising under this Agreement that would lead to a conflict(s).
Client acknowledges that Attorneys represent other Idaho governmental and quasi-
governmental entities. Attorneys have evaluated the possible interests of each of these
clients as they may relate to representation of Client, and have concluded that Attorneys
can reasonably undertake concurrent representation of Client and other Idaho
governmental entities without creating a conflict or adverse effect to any of their interests.
This conclusion is based, in part, upon the parties' mutual determination that Attorneys
will not be required to take positions adverse to such clients and/or that the subject clients
have closely aligned interests on relevant issues. In the event Attorneys become aware of
a potential conflict or otherwise determine they can no longer conduct such concurrent
representation of Client, Attorneys will immediately advise all affected clients and Bar
Counsel and will take such measures as are necessary to protect the interests of the parties
Legal Services Agreement for the City of Eagle—Page 3
and to provide representation for all parties in a manner that is appropriate under the
applicable Idaho Rules of Professional Conduct.
8. Termination
Either party may terminate the relationship at any time as set forth in §50-206,
Idaho Code. In such case, Attorneys shall, as soon as practicable, assemble and submit a
summary of outstanding fees and expenses, which shall be due and payable within thirty
(30) days of its receipt by Client. All Client files, including work product produced, shall
be returned to the Client as soon as practical.
If Client decides to terminate this Agreement for any reason,including an actual or
perceived conflict of interest, Client agrees that, notwithstanding such withdrawal,
Attorneys shall not be disqualified from continuing to represent Attorneys' other Idaho
governmental or quasi-governmental clients, including any such representation in any
ongoing or future litigation. Client further explicitly agrees that no subsequent or
subsequently discovered conflict shall preclude the continued representation by Attorneys
of other political subdivision clients, notwithstanding Attorneys' receipt of confidential
and otherwise privileged information from Client.
9. Notice
Notice under this Agreement shall be in writing and shall be effective when actually
delivered. Such delivery may be accomplished by electronic transmission, if receipt of
such is acknowledge in a reply by the party receiving notice. If mailed, notice shall be
deemed effective forty-eight(48)hours after mailing as registered or certified mail postage
prepaid, directed to the other party at the address set forth below or such other address as
the party may indicate in writing:
MSBT Law, Chtd. City of Eagle
7699 W. Riverside Drive P.O. Box 1520
Boise, Idaho 83714 Eagle, Idaho 83616
10. Entire Agreement
This Agreement contains the entire understanding between and among the parties
and supersedes any prior understandings and agreements among them respecting the
subject matter of the Agreement.
11. Good Faith. Cooperation and Due Diligence
The parties hereto covenant, warrant and represent to each other good faith,
complete cooperation, due diligence and honesty in fact in the performance of all
obligations of the parties pursuant to this Agreement. All promises and covenants are
mutual and dependent.
12. Savings Clause
Legal Services Agreement for the City of Eagle—Page 4
If any provision of this Agreement, or the application of such provision to any
person or circumstance, shall be held invalid, the remainder of this Agreement, or the
application of such provision to persons or circumstances other than those as to which it is
held invalid, shall not be affected thereby.
13. Counterparts
This Agreement may be executed in several counterparts and all so executed shall
constitute on Agreement, binding on all the parties hereto even though all the parties are
not signatories to the originals or the same counterpart.
IN WITNESS WHEREOF, the parties have set their hands the date and year first
above written.
City of Eagle,Idaho MSBT Law,Chartered
Jason Pierce, Mayor Cherese D. McLain, Shareholder
Date: Date:
ATTEST:
Sharon Bergmann, City Clerk
Date:
Legal Services Agreement for the City of Eagle—Page 5
( 151'er,g4/9) -1
Jason Pierce
From: Cherese D. McLain <CDM@msbtlaw.com>
Sent: Tuesday, March 24, 2020 3:32 PM
To: Jason Pierce
Subject: Proposal For Legal Services
Dear Mr. Mayor,
We understand that the Eagle City Council agenda this evening includes our proposal for legal services. We also know
there have been statements made by special interest group members of the community and/or former elected officials
regarding our past legal services.With a limitation of time, we cannot address accusations in full detail but provide this
as a general response.
As you know, we served the City of Eagle as general counsel for three decades. Unfortunately, last January we made the
very difficult decision to discontinue our services as counsel to the City and its elected officials due, in part,to our
inability to receive information by the former leaders and failure to be given the opportunity to provide informed legal
advice.
With the change in leadership since last January,we believe that a partnership with the City could commence and be as
successful as it was previously. We understand all of the challenges the City is facing and we have the legal expertise to
deal with all matters, including but not limited to, planning and zoning, water rights, personnel, regulatory, municipal
bond and finance, economic growth, fair housing, and related matters.
In regards to the Intertie Agreement that is currently subject to litigation with Suez and Eagle Water Company,the
agreement was approved in 2008 by the Mayor and City Council and the agreement has been in possession of the City
since then.The City is the repository of its official documents, particularly contracts. Former mayors and council
members have specifically acknowledged the existence of the agreement and while conversations commenced, even up
to the last administration, no agreement was ever successfully made between the City and Eagle Water.
Over this past year,the City has experienced new challenges such as investigations by the FBI and Idaho Attorney
General's Office as well as scrutiny over some property purchases and other decisions. We are prepared to provide
assistance in any or all of these matters. Our office has six attorneys that specialize in municipal law as well as
experienced staff.
We hope you and the City Council consider our proposal and provide us with the opportunity to resume our position as
City Attorney.
Sincerely, Cherese
\1SI `I " I :a
Cherese D. McLain
7699 W. Riverside Dr.
Boise, Idaho 83714
Telephone: (208)331-1800
Facsimile: (208)331-1202
cdm(tl.msbtla\v.com
1
WWW.MSbdaw.corn
CONFIDENTIALITY.SIGNATURE.AND TAX DISCLOSURE NOTICE:This email,and any attachments,may contain information that is privileged,confidential and/or
protected from disclosure under applicable law,and nothing contained therein shall be deemed to waive or diminish the protections afforded by such laws. Do not:(i)deliver,
distribute copy,or disclose this transmission or its contents to any third party or business entity;or(ii)produce a copy of this e-mail in connection with any litigation without the
advice of an attorney;or(iii)take any action in reliance on the information it contains.Printed copies of this e-mail should not be kept in your regular files.If you print a copy of
this e-mail,place it in a separate file labeled"Attorney-Client Privilege". If you are not an intended recipient of this transmission,please notify the sender immediately and delete
the original message without making any copies,Nothing in this communication is intended to constitute an electronic signature,unless a specific statement to the contrary is
included in this communication Nothing contained in this email was intended or written to be used,or can be used by any taxpayer for the purpose of avoiding penalties that may
be imposed on such taxpayer under the Internal Revenue Code of 1986,as amended.
2
ISB Office of Bar Counsel
525 West Jefferson•P. U. Box 895•Boise, Idaho 83701
y (208) 334-400•8ax: (208) 334-2764
IDAHO STATE BAR wv,w,idaho.gov/isb
December 5, 2019 _ ., � -
PERSONAL AND CONFIDENTIAL I
Stan Ridgeway
PO Box 1520 .,.``�"J fc:a..
Eagle, II) 83616
RE: Grievance against Paul A. Turcke
ISB File No. 19-407C
Dear Mr. Ridgeway:
This acknowledges receipt of your grievance to the Idaho State Bar. Your original
documents have been scanned into our paperless filing system, and we are therefore returning
them to you with this letter. An electronic copy of the file will be maintained at the Idaho State
Bar consistent with Idaho Bar Commission Rule 552.
Our office's jurisdiction is limited to determining whether professional conduct violates
the Idaho Rules of Professional Conduct. Our office evaluates whether professional conduct
violates those rules, and if so, the appropriate disciplinary sanction. Please be aware, the time
necessary to evaluate the information provided and investigate it varies depending on the
complexity of the case pending in our office. Our office will provide you with a written
disposition of your grievance after we complete our review and evaluation.
Given our limited jurisdiction, while we are evaluating your grievance, any legal
remedies you may have must be pursued by you through other available legal channels. This
office cannot and does not give legal advice. Do not wait for the outcome of the Idaho State
Bar grievance process to pursue any potential private legal claims that you have, because
there may be time limitations on any such claims. If you have any questions about such claims
and are not currently represented, the Idaho State Bar Lawyer Referral Service may be able to
assist you to locate an attorney. The phone number is (208) 334-4500.
If you have any questions regarding your grievance, please contact Bar Counsel's Office.
ery tr. V •ups,. -. _ f
I : r'yFul "
+ministrative Assistant to Bar Counsel
Enols.
_."
ISBOffice of Bar Counsel
525 West Jefferson•P. O.Box 895•Boise, Idaho 83701
(208) 334-4500•Fax: (206) 334-2764
IDAHO STATE BAR www.idaho.gov/isb
December 5, 2019 t„;',t
.p r ;6
PERSONAL AND CONFIDENTIAL
Stan Ridgeway >`.', ;"~,
PO Box 1520
Eagle, ID 83616
RE: Grievance against Jill Holinka
ISIS File No. 19-409C
Dear Mr. Ridgeway:
This acknowledges receipt of your grievance to the Idaho State Bar. Your original
documents have been scanned into our paperless filing system, and we are therefore returning
them to you with this letter. An electronic copy of the file will be maintained at the Idaho State
Bar consistent with Idaho Bar Commission Rule 552.
Our office's jurisdiction is limited to determining whether professional conduct violates
the Idaho Rules of Professional Conduct. Our office evaluates whether professional conduct
violates those rules, and if so, the appropriate disciplinary sanction. Please be aware, the time
necessary to evaluate the information provided and investigate it varies depending on the
complexity of the case pending in our office. Our office will provide you with a written
disposition of your grievance after we complete our review and evaluation.
Given our limited jurisdiction, while we are evaluating your grievance, any legal
remedies you may have must be pursued by you through other available legal channels. This
office cannot and does not give legal advice. Do not wait for the outcome of the Idaho State
Bar grievance process to pursue any potential private legal claims that you have, because
there may he time limitations on any such claims. If you have any questions about such claims
and are not currently represented, the Idaho State Bar Lawyer Referral Service may be able to
assist you to locate an attorney. The phone number is (208) 334-4500.
If you have any questions regarding your grievance, please contact Bar Counsel's Office.
ery t _ y ',
T r
Ka l y Dunk
ninistrative Assistant to Bar Counsel
Enols.
Office of Bar Counsel
525 West Jefferson•P. O. Box 895•Boise,Idaho 83701
1 (208) 334-4500•Fax: (208) 334-2760
IDAHO STATE BAR www.idaho.gov/isb
r ,777.
December 5, 2019 .
�''�`:.gds
PERSONAL AND CONFIDENTIAL
Stan Ridgeway
PO Box 1520
Eagle, ID 83616
RE: Grievance against Cherese McLain
ISB File No. 19-408C
Dear Mr. Ridgeway:
This acknowledges receipt of your grievance to the Idaho State Bar. Your original
documents have been scanned into our paperless filing system, and we are therefore returning
them to you with this letter. An electronic copy of the file will be maintained at the Idaho State
Bar consistent with Idaho Bar Commission Rule 552.
Our office's jurisdiction is limited to determining whether professional conduct violates
the Idaho Rules of Professional Conduct. Our office evaluates whether professional conduct
violates those rules, and if so, the appropriate disciplinary sanction. Please be aware, the time
necessary to evaluate the information provided and investigate it varies depending on the
complexity of the case pending in our office. Our office will provide you with a written
disposition of your grievance after we complete our review and evaluation.
Given our limited jurisdiction, while we are evaluating your grievance, any legal
remedies you may have must be pursued by you through other available legal channels. This
office cannot and does not give legal advice. Do not wait for the outcome of the Idaho State
Bar grievance process to pursue any potential private legal claims that you have, because
there may be time limitations on any such claims. If you have any questions about such claims
and are not currently represented, the Idaho State Bar Lawyer Referral Service may be able to
assist you to locate an attorney. The phone number is (208) 334-4500.
If you have any questions regarding your grievance, please contact Bar Counsel's Office.
- cry tr y rs,
I` ._. .-..._. Ka Funk � or-
y
A. inistra .ve Assistant to Bar Counsel
•ncls.
Memo
To: Eagle City Council
From: City of Eagle Water Department
Date: March 24, 2020
Re: Lanewood-Beacon Light Water Main Extension, Change Order#1
Message:
Mayor and City Council,
The water department has a Change Order request for the project on Lanewood and
Beacon Light Road that would result in an increase to the original contract price. This
change is due to the location of utilities discovered during construction (communications
line on Beacon and a new temporary Idaho Power pole placed where we had planned to
do the bore under the canal on Lanewood).
The costs and changes have been discussed and reviewed by the water department and
HECO Engineering. The total for Change Order#1 is $14,301.97, documentation is
attached. Because no one was aware of these issues until yesterday, we are still in the
process of having the formal documents signed by the contractor and don't have them
available for your review at this time. However, delaying until the next council meeting
for the paperwork would cause the project to shut down which would result in additional
costs.
The original contract price was $288,142.40. Adding in Change Order#1 brings the new
construction total to $302,444.37. This amount, with engineering expenses added to it,
is still well below the project budget of$600,000. The completed Change Order
paperwork will indicate the original amount and the increase as indicated in this memo.
It's important this project stay on schedule to avoid the upcoming irrigation season.
Therefore, we respectfully request that you approve Change Order#1 for an amount not
to exceed $14,301.97 and authorize Mayor Pierce to sign it.
Thank you for your consideration.
:..T(:I_)
CONTRACT CHANGE ORDER JUSTIFICATION CHANGE ORDER NO. 1
City of Eagle
DATE: March 24, 2020
CONTRACT: Lanewood/Beacon Light Water Main PROJECT NO: EG19-0058C
OWNER: City of Eagle
DECREASE INCREASE
Description of Changes In Contract In Contract
Price Price
1) Relocate Pipe to Avoid Utility Conflicts-Beacon Light
Change design location of pipe to avoid conflicts with
communications line.
Asphalt Repair(264 LF at$52.80/LF) $13,939.20
Credit for Asphalt Repair in Original Bid (30 LF at$52.80/LF) $1,584.00
Credit for reduced Gravel Repair(264 LF at$15.00/LF) $3,960.00
Add two(2) 12"45-degree elbows for horizontal shift $972.68
2) Relocate Pine to Avoid Utility Conflicts/Trees-Lanewood
Change design location of pipe to avoid conflicts with
temporary power pole recently placed by Idaho Power and to
avoid trees located just outside right-of-way.
Asphalt Repair(354 LF at$41.90/LF) $14,832.60
Credit for Asphalt Repair in Original Bid (84 LF at$41.90/LF) $3,519.60
Credit for avoiding the trimming of trees $3,000.00
Credit for reduced Gravel Repair(354 LF at$15.00/LF) $5,310.00
Add two(2) 16"45-degree elbows for horizontal shift $1,931.09
TOTALS $17,373.60 $31,675.57
TOTAL CHANGE ORDER AMOUNT $14,301.97
EJCDC'C-941,Change Order.
Prepared and published 2013 by the Engineers Joint Contract Documents Committee.
Page 2 of 2