Minutes - 2021 - City Council - 03/04/2021 - Special EAGLE CITY COUNCIL
SPECIAL MEETING MINUTES
March 4,2021
1. CALL TO ORDER: Mayor Pierce calls the meeting to order at 3:08 p.m.
2. ROLL CALL: Present: GINDLESPERGER, BAUN, PIKE. Absent: PITTMAN. A
quorum is present.
3. PLEDGE OF ALLEGIANCE:
4. ADDITIONS,DELETIONS OR MODIFICATIONS TO THE AGENDA:
A. City Staff requests:None
B. Mayor or City Council requests:None
5. REPORTS:
A. Mayor and Council Reports: Pike has had a request from citizens regarding canals and
pathways and he has asked staff member Trails and Pathways Superintendent Noyes to provide
an update. Noyes states that the City is seeking easements along canals for new developments
only,at this time,and in Common areas only. Valley Regional Transit has inquired if the City
will be participating financially in next years budget in the amount of approximately$132,000.
Pike discusses different funding and participation options that Council will need to address at
a future date. Baun reports on emails he responded where individuals were concerned about
pathways being installed along pathways in existing subdivisions. He has responded to all of
those and reiterated that the pathways and easements are being pursued for new developments
at this time. He encourages people to reach out to the elected officials directly rather than
relying on misinformation on social media. Baun reports on the Bureau of Land Management
meeting and gives an update on the Conservation Education Preservation(CEP)program that
is being drafted.
B. City Hall Department Supervisor Reports:Nichoel Baird-Spenser requests Council submit
comments on the draft CEP.
C. City Attorney Report: None
6. PUBLIC COMMENT 1: The Eagle City Council is taking remote public comment via Webex. Meeting
login instructions are posted on https://www.cityofeagle.org/1698Nirtual-Meetings. If you just want to watch the
meeting,without giving comment,please watch our livestream at https://www.cityofeagle.org/305/City-Agendas-
Videos.
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.
Helen Russell 426 W. Back Forty Drive Eagle, Idaho. Ms. Russell welcomes Council member
Gindlesperger. She thanks Council for their efforts regarding the Eagle Water matter. She is a
customer of Suez and had been happy with their services.
7. ALL CONSENT ITEMS ARE CONSIDERED ACTION ITEMS: CONSENT AGENDA:
• 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.
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A. Claims against the City.
B. Appointment to the Development Impact Fee Advisory Committee: Mayor Pierce
is requesting Council confirmation of the appointment of Darcy Neumann-Hart to the
Development Impact Fee Advisory Committee.Ms.Neumann-Hart shall serve a four-
year term that will expire March 2025. (JP)
C. Minutes of February 18,2021.
D. Minutes of February 23,2021.
E. Appointment to the Design Review Board: Mayor Pierce is requesting Council
confirmation of the appointment of Nancy Merrill to the Design Review Board. Ms.
Merrill will be fulfilling a vacated term that will expire in March 2024. (JP)
F. Appointments to the Eagle Arts Commission: Mayor Pierce is recommending the
appointment of Deborah Hertzog and James MacFarlane to the Commission. Both
will be serving 3-year terms that will expire in March 2024. (JP)
G.Re-appointment to the Eagle Arts Commission: Mayor Pierce is recommending
the re-appointment of Jane Klosterman and Mark McAllister to the Commission.
Both will be serving 3-year terms that will expire in March of 2024. (JP)
H. Appointment to the Eagle Urban Renewal Agency: Mayor Pierce is
recommending the appointment of Brad Pike to the Agency. Mr.Pike will be
fulfilling a vacated term that will expire in July 2021. (JP)
Pike moves to approve Consent Agenda items 7A,C and D of the consent agenda. Seconded
by Gindlesperger. GINDLESPERGER AYE; BAUN AYE;PIKE AYE.ALL
AYE...MOTION CARRIES.
E. Appointment to the Design Review Board: Mayor Pierce is requesting Council
confirmation of the appointment of Nancy Merrill to the Design Review Board. Ms. Merrill will
be fulfilling a vacated term that will expire in March 2024. (JP)
Mayor Pierce reviews his recommendation of Nancy Merrill to the Board and her qualifications.
Baun moves to approve item E. Seconded by Gindlesperger. ALL AYE...MOTION
CARRIES.
F. Appointments to the Eagle Arts Commission: Mayor Pierce is recommending the
appointment of Deborah Hertzog and James MacFarlane to the Commission. Both will be
serving 3-year terms that will expire in March 2024. (JP)
Mayor Pierce reviews his recommendation of Deborah Hertzog and James MacFarlane to the
Commission and their qualifications.
Baun moves to approve action item 7F. Seconded by Gindlesperger.ALL AYE...MOTION
CARRIES.
G.Re-appointment to the Eagle Arts Commission: Mayor Pierce is recommending the re-
appointment of Jane Klosterman and Mark McAllister to the Commission. Both will be serving
3-year terms that will expire in March of 2024. (JP)
Mayor Pierce reviews his recommendation of Jane Klosterman and Mark McAllister to the
Commission and their qualifications.
Baun moves to approve item 7G. Seconded by Gindesperger. ALL AYE...MOTION
CARRIES.
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H. Appointment to the Eagle Urban Renewal Agency: Mayor Pierce is recommending the
appointment of Brad Pike to the Agency. Mr. Pike will be fulfilling a vacated term that will
expire in July 2021. (JP)
Mayor Pierce states that he has recommended that Brad Pike to the Agency.
Baun moves to approve item 7G. Seconded by Gindesperger. ALL AYE...MOTION
CARRIES.
8. EXECUTIVE SESSION:
A. Idaho State Code §74-206.Executive sessions -- When authorized.(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;
(I) 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.
Baun move pursuant to I.C.74-206(1)that the City of Eagle convene an Executive Session for
the purpose of:(c) To acquire an interest in real property which is not owned by a public
agency; and (I) 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. Seconded by Gindlesperger.
GINDLESPERGER AYE, BAUN AYE,PIKE AYE.ALL AYE...MOTION CARRIES.
Council enters executive session at 3:17 p.m.
Council discussion of pending/threatened litigation and acquisition of real property not owned by
a public agency.
Council exits executive session.
B. ACTION ITEMS Action regarding acquisition of real property.
Baun moves to have the Mayor work with a real estate company on the assessment for
purchase of real property and the authority to enter into a 90-day due diligence period for
public review and input.Seconded by Gindlesperger. ALL AYE...MOTION CARRIES.
C. ACTION ITEM Action regarding pending and threatened litigation.
Baun moves to direct the Mayor to direct staff to move revenue from the capital maintenance
set aside to make whole the park impact fee funds in the amount of$1,016,818.00. Seconded
by Pike. Discussion. Baird-Spencer states that in the reconciliation of the park fund it was
discovered that 2 projects, that were not identified within Capital Improvement Plan projects for
parks,were completed using impact fee dollars between 2017-2019 as we are asking that you make
that fund whole again. Mayor states that only projects identified withing the CIP may be funded
with impact fee dollars. This motion corrects the expenditure error that occurred between 2017-
2019. ALL AYE...MOTION CARRIES.
9. UNFINISHED BUSINESS: None
10. NEW BUSINESS:
A.Discussion Regarding the West Park Property(JP)
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Mayor Pierce introduces the item.
Pike moves to direct staff to bring back the process to sell or exchange west park property in
accordance with Idaho law. Seconded by Gindlesberger.ALL AYE...MOTION CARRIES.
11. ADJOURNMENT:
Gindlesberger moves to adjourn. Seconded by Baun. ALL AYE...MOTION CARRIES.
Hearing no further business,the Council meeting was adjourned.
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AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT
W W W.CITYOFEAGLE.ORG.
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