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Minutes - 2022 - City Council - 12/20/2022 - Special EAGLE CITY COUNCIL MEETING MINUTES December 20,2022 1. CALL TO ORDER: Mayor Pierce calls the meeting to order at 3:00 p.m. 2. ROLL CALL: Present: GINDLESPERGER, PIKE, BAUN, RUSSELL. All present. 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: Pike makes a motion to add a Public Comment 2 below 7C. Seconded by Russell.ALL AYE... MOTION CARRIES. 5. REPORTS: A. Mayor and Council Reports: Russell provides an update on the Senior Center. Specifically,the relationship between the City of Eagle and the Senior Center. The Senior Center is its own affiliation. B. Department Reports:None C. Eagle Police Department: None D. 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. No one in the public chooses to speak. 7. NEW BUSINESS: A. ACTION ITEM:Acceptance and execution of real property donation agreement between the GWC Capital LLC and the City of Eagle: Authorizing the Mayor to execute an agreement between the GWC Capital LLC and the City of Eagle for the donation of approximately 603.04 acres Generally identified as Ada County Parcel 1 (S0220110500 and a Portion of S0220212400)and Parcel 2(S0221110000, S0222220000,and S0215300000). The property is generally located near Willow Creek and Little Gulch. Mayor Peirce introduces the item. Nichole Baird-Spencer,Long Range Planner provides a PowerPoint presentation regarding the donation of 603.04 acres. General discussion amongst the City Council and Baird-Spencer. Pike makes a motion to approve item 7A in Acceptance and execution of real property donation agreement between the GWC Capital LLC and the City of Eagle: Authorizing the Mayor to execute an agreement between the GWC Capital LLC and the City of Eagle for the donation of approximately 603.04 acres Generally identified as Ada County Parcel 1 Page 1 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-12-20-22minsp.docx (S0220110500 and a Portion of S0220212400)and Parcel 2 (S0221110000,S0222220000,and S0215300000).The property is generally located near Willow Creek and Little Gulch. Seconded by Gindlesperger.Discussion: The Mayor expresses that this is important to the City to receive this land and keep it open to the public. Baun says that this is located next to the 1,600 of BLM land and so this would stay open for habitat and open space.ALL AYE... MOTION CARRIES. B. ACTION ITEM: Acceptance and execution of purchase and sale aereement between the GWC Capital LLC and the City of Eagle: Authorizing the Mayor to execute an agreement between the GWC Capital LLC and the City of Eagle for approximately 84.32 acres of real property for an amount not to exceed $10,376,000. The parcels of land are located in Ada County, Idaho generally identified as parcels of land Tax Parcel R3314130100, S0333120700, S03333120710, R3314130300, R4985520028, R3314130400,and a portion of S0327336350(28.44 acres). The property is generally located at Highway 16 and Equest Lane. Nichole Baird-Spencer,Long Range Planner provides the history of the property and an overview of the agreement. Russell requests an explanation on how the impact fees work.Baird-Spencer provides an explanation on Park Impact Fees. Mayor Pierce identifies a scrivener's error on this agenda item specifically 28.44 acres should be 28.56. General discussion amongst the City Council and Baird-Spencer. Baun moves to make a motion to accept and except the purchase and sale agreement between the GWC Capital LLC and the City of Eagle: Authorizing the Mayor to execute an agreement between the GWC Capital LLC and the City of Eagle for approximately 84.32 acres of real property for an amount not to exceed $10,376,000.The parcels of land are located in Ada County,Idaho generally identified as parcels of land Tax Parcel R3314130100,S0333120700, S03333120710,R3314130300,R4985520028,R3314130400,and a portion of S0327336350(28.56 acres).The property is generally located at Highway 16 and Equest Lane. Seconded by Russell.ROLL CALL VOTE; GINDLESPERGER: AYE; PIKE: AYE; BAUN: AYE; RUSSELL: AYE.ALL AYE... MOTION CARRIES. C. ACTION ITEM: Claims Against the City.(KR) Baun makes a motion to approve the claims against the City. Seconded by Gindlesperger. ROLL CALL VOTE; GINDLESPERGER: AYE; PIKE: AYE; BAUN: AYE; RUSSELL: AYE.ALL AYE... MOTION CARRIES. 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 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. Jim Blackman, 802 North Eagle Hills Way,Eagle, Idaho. The optics of what the Council just did looked bad in this sense. He doesn't understand why there was such urgency for these items. He suggests having links to previous meetings attached to agenda items. Page 2 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-12-20-22minsp.docx Janet Buscher,235 West Floating Feather Road,Eagle,Idaho. She has a question to Baun about the species and questions the habitat study.This property will need to be maintained and monitored. It would have been helpful to know why a special meeting was held for this. Mary Hunter, 173 North Sierra Way,Eagle,Idaho. She states that there was recently an RFQ released for the design build of the proposed shooting range and does not feel like there was enough notice time. Jay Combs,409 Wingfoot,Eagle,Idaho.He wants to know if these property transactions had a MAI appraisal. Baird-Spencer expresses that there are appraisals attached to the agreement. William Zibell,4365 West Springhouse Drive, Eagle,Idaho. Does not think that this is a good example of good government,and it will be another item on the 15 Reasons for the Recall. Teresa Noyes, 472 East Conaville Court,Eagle,Idaho.Requests information on the Eagle Arts Commission. 13. ADJOURNMENT: Gindlesperger moves to adjourn. Seconded by Bann. ALL AYE...MOTION CARRIES. Hearing no further business,the Council meeting was adjourned. Res ectfully submitted: HOLL . CSENCSITS CMC DEPUTY CITY CLERK APPROVED: J#90 PIEWCE MAYOR AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT W W W.CITYOFEAGLE.ORG. Page 3 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-12-20.22minsp.docx EAGLE CITIZENS FOR OPEN GOVERNMENT: 15 Reasons for the Recalls Website: eaglerecall.com Contact us: eaglerecall a(�gmail.com These are just some of the many reasons Eagle citizens are calling for the recall of Mayor Pierce and all four Eagle City Council Members.We have talked to hundreds of people who upset and affected by one or more of these issues.We have also heard quite a few accounts from citizens about other concerns. If you agree these recalls are warranted, please sign the petitions before the Dec.22 deadline! Go to eaglerecall.com for information on when and where to sign. • AVIMOR: Mayor&City Council members received campaign donations from Avimor, its Owners, its Developers and Political Actions Committees.The PACs are: Conservatives for Thoughtful Growth, Building Contractors Association of Southwest Idaho, and Building Industry Group of Treasure Valley.The principal parties involved in these PACs are all connected to Avimor. Prior to Pierce, Baun,and Pike being elected, Avimor's General Manager Dan Richter stated in interviews that he would not apply for annexation to Eagle until after the next election cycle when he hoped there would be a Mayor and City Council in place that viewed annexation more favorably than the previous administration. • EAGLE WATER COMPANY(EWC): Mayor Pierce made the campaign promise that if elected he would acquire EWC for the residents of Eagle. In early 2021,the Mayor and City Council used an executive session, out of public view,when they settled a lawsuit over the City's right of first refusal out of court, relinquishing the right to purchase EWC for the city.The settlement allowed Idaho Public Utilities Commission to approve the sale to SUEZ,turning over control of much of Eagle's water to a huge foreign company.This broken campaign promise directly impacted 4,200 EWC households. • MUNICIPAL TRASH SERVICES CONTRACT: Mayor Pierce held a personal grudge against Republic Services because he was not allowed to dispose of construction materials in Republic's bins. Soon after taking office(early in 2020), Pierce told Republic's liaison that when their contract ended (12/31/2022) Republic would"be done in Eagle."On what basis could he have made that statement to a contractor that had provided the city with over 20 years of excellent service more than two years before their contract ended? In 2022,the city put out a request for proposals(RFPs)for a new trash contract; Republic and Hardin responded. A committee of 4 reviewed and gave equal scores to the two proposals, but on April 26,the city council directed the staff to begin negotiations with Hardin.The public knew nothing about this, and citizens were only given the opportunity to comment at the Aug. 9 Council meeting—after the negotiations had been completed. Several people testified against the change to Hardin. One member of the RFP committee raised several concerns and asked the City Council to do more research before deciding.The Council ignored these comments,went into executive session,and returned to vote in favor of Hardin.Why? Is it a coincidence that Hardin serves Avimor? • SHOOTING SPORTS PARK&SPRING VALLEY:An elaborate shooting sports park has been proposed for foothills land donated by Spring Valley. The development's approved master plan shows the same area as an equestrian center,trailhead, and regional park.This is the only place in the area that accommodates parking for many horse trailers and cars,and there are miles of user- generated trails. Many Eagle and Ada County residents, including equestrians, hikers, and dog-walkers,who have enjoyed recreating here for decades, are strongly opposed to this proposed for-profit facility that would be managed by the city.The shooting park presents safety, noise,and traffic concerns for recreation users and nearby residents. Many people in favor of the shooting park don't live close enough for nonstop gunshots to disturb their peaceful rural life or frighten their horses. Couldn't Spring Valley consider locations for a shooting park where there are currently no homes and future home buyers can CHOOSE whether buy near a shooting park or not?Note:The Mayor and City Council members Baun, Gindlesberger, and Russell significant campaign contributions from individuals, builders, and PACs with ties to Avimor and Spring Valley. • CITY OF EAGLE vs TWO RIVERS HOA: Idaho's Supreme Court ruled in favor of the City of Eagle in a lawsuit over a greenbelt parking and access area in Two Rivers.The Mayor and City Council illegally used an executive session to discuss what to do about the Supreme Court ruling. In the 2.5 years since the court ordered the parking and access site to be rebuilt,there is no confirmation that the City's legal fees have been recovered and the parking lot has not been rebuilt.The easement Two Rivers and the City are proposing for the Mace Park greenbelt parking and access near Mace River Ranch does NOT satisfy the Idaho Supreme Court's order to restore the river parking and access in Two Rivers. 1 • SALE OF THE EAGLE LANDING&COMMUNITY CENTER PROPERTY:The Eagle Landing property, new community center and office facilities were serving many citizens of Eagle before Mayor and Council Members, Pierce, Pike,and Baun took office. Knowing how popular the Community Center was,one of them stated in a Council meeting that they needed to sell it before the public got too used to it—like pulling a Band-Aid off quickly.With no appraisal,the property was sold at auction to a single bidder, Innovate Academy Prep,a school with connections to the Dillon family,who donated thousands of dollars to Pierce's campaign. Innovate Academy had publicly stated they had found another location before this sale,and after about a year at the Landing,the Academy relocated to a new 17,000 sq.ft.building.The Landing was clearly not needed by the Academy,so why was there an urgent need to sell it? • RELOCATION OF CHURCHIMUSEUM:The sale of The Landing made it necessary to relocate the Museum.The contracted work to relocate the building commenced before Council approved the project's funding.They violated EPA regulations for failing to file for a permit because of asbestos siding on the structure.The estimated cost to move the church was$20K;the actual cost exceeded$100K.A beautiful plaza and fountain that were donated to the city were destroyed. • EAGLE ARTS COMMISSION(EAC):Council member Gindlesperger abruptly announced at a recent EAC meeting that the City of Eagle was dissolving the Eagle Arts Commission with no prior discussion or specific reason.The 6-person commission that has been meeting monthly for many years will be replaced by a 3-person committee that will only meet twice a year.The excellent arts programs organized by dedicated EAC volunteers will most definitely suffer as a result. • CITY HALL EXPANSION: Funding approved for the expansion was$2.1 M; actual costs have exceeded$3.4M to date and the final expenses are still unknown. • SALE OF THE WEST PARK 35 ACRE PROPERTY:The previous Mayor and City Council purchased a 35-acre parcel to establish the first city park west of Eagle Road.Mayor Pierce campaigned on selling West Park because he didn't like its location. Pierce said,"When I ran for mayor, I made it very clear that just was not the place for a park. If you want to play frisbee with your dog you have your yard."The future park land in west Eagle was sold to a residential developer. • PURCHASE OF THE JACKSON HOUSE:This downtown Eagle property contains two parcels long owned by members of the Jackson family.The city purchased the parcel with the historic Jackson House for$1M.The second parcel was handled by an auction company that promised multiple bidders. However,the city was the only bidder and purchased it for$1,050,000. Neither parcel had a recent appraisal; in 2016/2017 they were appraised for a total of$950,000 and in 2021 their combined assessed value for taxes was$859,500.Yet the city paid$2,050,000. • EAGLE 26, LLC VS CITY OF EAGLE, MOLINARI PARK DEVELOPMENT:This development was plagued by lawsuits, a temporary restraining order, a petition for judicial review,and"biased individuals."When the Courts determined that Molinari Park development was legal and would be allowed to go forward, Mayor Pierce and Council Member Brad Pike,attempted to stall the process by refusing to schedule required city reviews. Both were sued for due process violations and impermissible bias while violating the 14th Amendment of the US Constitution and Idaho State Property Rights. • MUNICIPAL FIBER PROJECT:The City issued a request for proposals and received no responses.The Mayor and City Council then used federal ARPA funds to purchase used equipment and trucks that until recently were parked behind City Hall unused. The first purchase of equipment occurred nine days before the project's open house, public survey,or any other public discussion. The city has since announced a contract with Fat Beam which has its own equipment and will not need that purchased by the city. There is no long-term financial plan for operation and maintenance of the fiber service. • REGIONAL SPORTS PARK:This proposed park in NW Eagle is seven miles from downtown.This is a destination event park that doesn't seem designed to fill the need for a community park in west Eagle.The Mayor and City Council have spent over$2.25M on this"proposed park"to date, including the purchase of a house and 10 acres.There is no connectivity between the proposed location and nearby neighborhoods,and no sidewalks or pathways for pedestrians or bicyclists. • TROLLEY: Mayor Pierce purchased a 1994 Chance Coach Trolley on 9/9/22 for$17,820.The budget for this was not approved by the Council until 9/27/22. For occasional special events,the city would likely have saved money by contracting with an existing trolley business in the Valley. 2