Minutes - 2022 - City Council - 09/13/2022 - Regular EAGLE CITY COUNCIL
MEETING MINUTES
September 13,2022
1. CALL TO ORDER: Mayor Pierce calls the meeting to order at 5:30 p.m.
2. ROLL CALL: Present: GINDLESPERGER, PIKE, RUSSELL. Absent: BAUN. 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 reports on the Eagle Sewer District meeting. They are
currently working on a 20 year plan.
B. City Hall Department Supervisor Reports: City Clerk Osborn states that recommended
amendments to the Personnel Policy manual and code sections regarding the arts commission will
be coming forward for Council consideration.
1. Eagle Police Chief:None
C. City Attorney Report: None
6. 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.
7. ALL CONSENT AGENDA 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.
A. Claims against the City.
B. Minutes of August 23,2022. (TEO)
C. Minutes of August 29,2022.(TEO)
D. Constitution Week Proclamation: A proclamation for the City of Eagle declaring September
17—23 as Constitution Week in the City of Eagle, Idaho. (JWP)
E.Appointment to the Eagle Library Board of Trustees: In accordance with Resolution 14-19,
Mayor Pierce is requesting Council Confirmation of the appointment of Christina Brackney to
the Eagle Library Board of Trustees. Ms. Brackney will be fulfilling a vacated term that will
expire September 2023. (JWP)
F. Appointment to the Eagle Library Board of Trustees: In accordance with Resolution 14-19,
Mayor Pierce is requesting Council Confirmation of the appointment of Kelsey Taylor to the
Eagle Library Board of Trustees. Ms. Taylor will be fulfilling a vacated term that will expire
September 2026. (JWP)
G.Prosecution Services Agreement for Fiscal Year 2022-2023:An agreement between the City
of Eagle and Ada County Prosecuting Attorney's Office for the provision of prosecution services.
The agreement shall not exceed$64,000.00. (TEO)
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H. Memorial Bench for Johnny K.: Request for Council approval of a Memorial Bench to be
located on the South side of the Greenbelt. (ELZ)
I. Eagle Greenbelt Trail and Repairs - Pay Application No. 6 — TDX Power Services LLC.:
Authorization of Payment to TDX Power Services, LLC, in the amount of$15,223.75 for the
partial completion of Project CM-2 (Greenbelt Bank&Trail Repairs and Mitigations), awarded
by Council on 2/8/2022 for a total cost of$1,397,020.00. (STN)
J.Service Agreement Between the City of Eagle and Crime Stoppers: A Service Agreement
between the City of Eagle and Crime Stoppers to provide community services and continued
assistance to the City of Eagle Police Department in an amount not to exceed$3,520. (TEO)
K. Animal Welfare and Enforcement Agreement Between the City of Eagle and The Idaho
Humane Society: An Animal Welfare and Enforcement Agreement between the City of Eagle
and The Idaho Humane Society to provide animal control services in an amount not to exceed
$160,480. (TEO)
L. DR-47-22 — Common Area Landscaping within Millstone Farm Subdivision— Seddie
Eagle I, LLC: Seddie Eagle I, LLC, represented by Tamara Thompson with The Land Group,
Inc., is requesting design review approval for the common area landscaping and amenities,
including a pool and pool house for Millstone Farm Subdivision. The 89.87-acre site is located
on the northwest corner of North Palmer Lane and West Floating Feather Road at 2871 North
Palmer Lane. (BAW)
M.DR-48-22—Multi-tenant Retail/Restaurant Building within Eagle River Development—
Eagle River Development: Tom Bobo with Eagle River Development, represented by Jesse
Walker with CSHQA, is requesting design review approval for a 2,000-square foot,multi-tenant
retail/restaurant building within Eagle River Development. The 0.45-acre site is located on the
east side of North Eagle Road approximately 118-feet south of East Riverside Drive at 101 East
Riverside Drive(Lot 30, Block 4,Mixed Use Subdivision No. 6).(ERG)
N.DR-49-22—Master Sign Plan for a Multi-tenant Retail/Restaurant Building within Eagle
River Development—Eagle River Development: Tom Bobo with Eagle River Development,
represented by Jesse Walker with CSHQA, is requesting design review approval for a master
sign plan for a multi-tenant retail/restaurant building within Eagle River development. The 0.45-
acre site is located on the east side of North Eagle Road approximately 118-feet south of East
Riverside Drive at 101 East Riverside Drive (Lot 30, Block 4, Mixed Use Subdivision No. 6).
(ERG)
O. Findings of Fact and Conclusions of Law for the Approval of CU-11-22 — Change of
Nonconforming Use—Dan Frison: Dan Frison, represented by Craig Kulchak, is requesting
conditional use permit approval for a change of nonconforming use to allow an addition to the
existing accessory structure (located within the required side yard setback). The .65-acre site is
located on the east side of East Stadler Court approximately 1,000-feet south of the intersection
of North Edgewood Lane and East Stadler Court at 1726 East Stadler Court. (DLM)
P. Findings of Fact and Conclusions of Law for the Approval of RZ-06-22/CU-07-22/PPUD-
04-22/PP-10-22 — Rezone, Preliminary Development Plan, Preliminary Plat, and
Conditional Use Permit for Shingle Creek Subdivision—Mike Cook:Mike Cook,represented
by Kent Adamson,P.E.,with RiveRidge Engineering Company is requesting a rezone from A-R
(Agricultural-Residential)and R-2-DA(Residential with a development agreement)to R-2-DA-
P (Residential with a development agreement — PUD), conditional use permit, preliminary
development plan, and preliminary plat approvals for Shingle Creek Subdivision, a 12-lot (9-
buildable, 3-common)residential planned unit development. 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)
Q. Memorandum of Understanding(MOU)with Treasure Valley Clean Cities Coalition: A
MOU with the Treasure Valley Clean Cities Coalition to provide $10,000 of assistance to the
City of Eagle for the construction of the Eagle Road Pedestrian and Bike Bridge.(NBS)
R. Agreement for Independent Contract Instructor Between the City of Eagle and Andre
Moncheur:An Independent Contract Instructor Agreement between the City of Eagle and Andre
Moncheur to instruct a French class. Compensation shall be at a rate not to exceed 50% of the
total revenue generated. (TPL)
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S.Live Performance Agreement Between the City of Eagle and The Sam Henry Band:A Live
• Performance Agreement between the City of Eagle and The same Henry Band to perform at the
Harvest Festival on October 8,2022 in an amount not to exceed$1,000. (JDH)
T. Live Performance Agreement Between the City of Eagle and Wayne White: A Live
Performance Agreement between the City of Eagle and Wayne White to provide a live
performance at Harvest Festival on October 8,2022 in an amount not to exceed $300. (JDH)
U. Elevate Our Everyday Heroes Proclamation: A proclamation for the City of Eagle declaring
September 10,2022 as Elevate Our Everyday Heroes day in the City of Eagle,Idaho. (JWP)
*V.Purchase Agreement Between the City of Eagle and The Wetlands Group,LLC:A Purchase
Agreement between the City of Eagle and The Wetlands Group, LLC to purchase wetlands
mitigation credits to compensate for wetland impacts from the Eagle Ped Bridge. In an amount
not to exceed$15,960. (NBS)
Mayor removes item D and U from the agenda.
Pike moves to approve consent agenda items A-V, excluding D and V. Seconded by
Gindlesperger. GINDLESBERGER AYE; PIKE AYE; RUSSELL AYE; ALL
AYE...MOTION CARRIES.
D. Constitution Week Proclamation: A proclamation for the City of Eagle declaring September
17—23 as Constitution Week in the City of Eagle,Idaho. (JWP)
Mayor Pierce introduces the item and reads the proclamation into the record.
Gindlesperger moves to approve consent agenda item 7D, Constitution Week Proclamation
Seconded by Russell. ALL AYE.MOTION CARRIES.
U. Elevate Our Everyday Heroes Proclamation: A proclamation for the City of Eagle declaring
September 10,2022 as Elevate Our Everyday Heroes day in the City of Eagle, Idaho. (JWP)
Mayor Pierce introduces the item and reads the proclamation into the record. Mayor Pierce states
that he attended an event over the weekend Mayor reads the Elevate our Everyday Heroes
proclamation into the record.
Russell moves to approve item 7U Elevate Our Everyday Heroes Proclamation. Seconded by
Gindlesperger.ALL AYE...MOTION CARIES.
8. UNFINISHED BUSINESS: NONE
9. ALL PUBLIC HEARING ITEMS ARE CONSIDERED ACTION ITEMS PUBLIC
HEARINGS: NONE
10. NEW BUSINESS: NONE
11. 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.
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No one chooses to speak.
12. 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;
Pike move pursuant to I.C. 74-206(1)(f) that the City of Eagle convene an Executive Session
for the purpose of 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 Russell.
GINDLESPERGER: AYE; PIKE AYE; RUSSELL: AYE: ALL AYE: MOTION
CARRIES.
Council enters executive session.
Discussion of pending/threatened litigation.
Council exits executive session.
A. ACTION ITEM: Action regarding pending/threatened litigation.No action taken.
13. ADJOURNMENT: Russell moves to adjourn. Seconded by Gindlesperger. 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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