Minutes - 2023 - City Council - 08/22/2023 - Regular EAGLE CITY COUNCIL
MEETING MINUTES
August 22,2023
1. CALL TO ORDER: Mayor Pierce calls the meeting to order at 5:30 p.m.
2. ROLL CALL: Present:GINDLESPERGER,PIKE,RUSSELL.Absent:BUAN.A quorum
is present.
3. PLEDGE OF ALLEGIANCE: Mayor Pierce leads the audience in the Pledge of
Allegiance.
4. ADDITIONS,DELETIONS OR MODIFICATIONS TO THE AGENDA:
5. REPORTS:
A. Mayor and Council: Gindlesperger provides an update on the Library Board meeting and
states that they received a grant for upgrades at the Library. There is a courier service that will
begin, and the Friends of the Library are having troubles with their cart going back and forth. She
will be meeting with them to discuss options and report back to Council.The Friends of the library
will also be holding their 2nd sale that will be held on October 13th and 14th. Pike states that the
URA had their budget meeting. The URA are encouraging grants from ACHD and sent in a letter
of support.
B. Department Supervisor:No report
1. City Treasurer,Financial Reports for July 2023.
C. Eagle Police Department:No report
D. City Attorney:No report
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. 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. Elevate Our Everyday Heroes Proclamation:A proclamation for the City of Eagle declaring
September 11,2023 as Elevate Our Everyday Heroes day in the City of Eagle, Idaho. (JWP)
C. Master Pathway License Agreement Between Ada County Drainage District No. 2 and
the City of Eagle:Master Pathway License Agreement between the Ada County Drainage District
No. 2 (aka Drainage District No. 4) and the City of Eagle to permit the construction and
maintenance of pathways, landscaping, and/or related improvements within the ditch easement or
right-or-way and to make said pathway available to the public. (STN)
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D. Development Agreement Associated with A-12-22/RZ-14-22 - Challenger Development,
Inc. : Council authorization for Mayor to execute the development agreement associated with the
annexation and rezone from RUT(Rural-Urban Transition—Ada County designation)to MU-DA
(Mixed Use with a development agreement [in lieu of a PUD]) and R-6-DA (Residential with a
development agreement [in lieu of a PUD]). The 138.99-acre site is located on the west side of
North Palmer Lane approximately 80 feet south of the intersection of West Nordic Drive and North
Palmer Lane at 755 and 833 North Palmer Lane. (DLM)
E. Water Feasibility Study Reimbursement Agreement Between the City of Eagle and
Element Design Build LLC: Element Design Build LLC, represented by Paul Bykowski, is
requesting City Council approval of a reimbursement agreement for costs associated with City
engineering,city staff,and outside consulting services for a water feasibility study for the 959-acre
property located within the Eagle foothills generally located northwest of the intersection of State
Highway 55 and Brookside Lane.(KRA)
F. Findings of Fact and Conclusions of Law for the Approval of PP-24-22 - Terra View
Commercial Subdivision-Terra View,LLC: Terra View,LLC, represented by David Sterling,
P.E., with Ardurra, is requesting preliminary plat approval for Terra View Commercial
Subdivision,a 63-lot(62-commercial, 1-multi-family)mixed use subdivision.The 58.6-acre site is
located at the northeast corner of State Highway 16 and West Beacon Light Road. (MJW)
G. Findings of Fact and Conclusions of Law for the Approval of RZ-01-23 & PP-01-23 -
Capella Estates Subdivision - Laren Bailey: Laren Bailey is requesting a rezone from A
(Agricultural) to R-3-DA (Residential with a development agreement [in lieu of a PUD]) and
preliminary plat approvals for Capella Estates Subdivision, a 122-lot (108-buildable, 13-common
1-common drive)residential subdivision. The 54.24-acre site is located on the north side of West
State Street across from the intersection of North Riverview Street and West State Street.(MJW)
H. FP-03-23-Final Plat for Valnova Subdivision No. 1 -Valnova,LLC: GWC Capital,LLC,
is requesting final plat approval for Valnova Subdivision No. 1, a 196-lot (188-buildable, 8-
common), residential subdivision. The 61.65-acre site is generally located approximately 3/4-mile
northeast of the intersection of State Highway 16 and Equest Lane(approximately 1 mile north of
Beacon Light Road and Linder Road intersection). (MJR)
I. Facilities and Capital Improvement Grant through the Idaho Commission for Libraries:
The Eagle Public Library Board is requesting Council approval to accept the Facilities and Capital
Improvement Grant awarded by the Idaho Commission for Libraries in the amount of$15,000.00.
(SJB)Award-Notice-FACI-24-06
Mayor Pierce introduces the item.
Russell moves to approve consent agenda items A-I. Seconded by Gindlesperger.
GINDLESPERGER AYE; PIKE AYE; RUSSELL AYE; ALL AYE...MOTION CARRIES.
8. UNFINISHED BUSINESS:
A. ACTION ITEM: Report on the Status of the Auction of the Home and Barn Located on
8285 East Equest Lane and Discussion with Potential Action on Disposition of Home and
Barn.(JWP/TEO)
Mayor Pierce introduces the item.
Mayor Pierce states that the City received a bid in the amount of$10,000 for the house and$2,500
for the barn.The State is also interested in the house.Mayor Pierce requests that the City Attorney
provide options.
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The City Attorney states that there are two options. They can go with the individual sale with a
private party.Or the City Council can consider a vote on donating property to another governmental
entity. The Council can recommend right of first refusal to the State and authorize the Mayor to
sell the property to the bidder should the State not accept.
Russell makes a motion to offer the State of Idaho first right of refusal for the land and barn
located at 8285 East Equest Lane and if it is unsuccessful,offer to the individual as mentioned.
Russell amends the motion to include that the right of first refusal shall be completed by
August 24 by the State of Idaho. Rusell amends the motion to include the purchase price of
$10,000 for the home and $2,500 for the barn. Seconded by Gindlesperger.
GINDLESPERGER AYE; PIKE AYE;RUSSELL AYE.ALL AYE...MOTION CARRIES.
The Mayor states that Public Hearings may not start prior to 6:00 p.m. They will discuss agenda
item 10 New Business.
10. NEW BUSINESS:
A. ACTION ITEM. Consent and Approval of Expansion of Community Infrastructure
District by the City of Eagle in Favor and for the Benefit of Avimor Development,LLC.
(VV)
Mayor Pierce introduces the item.
City Attorney provides an overview of the Consent and Approval of Expansion of Community
Infrastructure.
Gindlesperger makes a motion to approve item 10A Consent and Approval of Expansion of
Community Infrastructure District by the City of Eagle in Favor and for the Benefit of
Avimor Development, LLC. Seconded by Russell. ALL AYE. PIKE NAY. MOTION
CARRIES.
City Attorney suggests moving to item 12 Executive Session since it is not 6:00 p.m.yet.
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:
Pike moves pursuant to I.C.74-206(1)that the City of Eagle convene an Executive Session for
the purpose of(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. 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.
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No action taken.
9. PUBLIC HEARINGS: ALL PUBLIC HEARING ITEMS ARE CONSIDERED ACTION
ITEMS. Public hearings will not begin prior to 6:00 p.m.
• Public Hearings are legally noticed hearings required by state law. The public may provide formal testimony
regarding the application or issue before the City Council.This testimony will become part of the hearing record
for that application or matter.
• Public hearing testimony time limits: Individuals testifying are allotted three (3) minutes for non-repetitive
testimony.
• Disclosure of ex parte and/or conflict of interest
A. PP-11-22 - Preliminary Plat for Valnova Lots 32-35 Subdivision - GWC Capital,
LLC: GWC Capital, LLC, represented by Landon Northey, is requesting preliminary plat
approval for Valnova Lots 32-35 Subdivision (Lots 32, 33, 34, and 35 of Spring Valley
Subdivision No. 1),a 78-lot(72-residential,6-common, [1-public infrastructure])subdivision.
The 56.51-acre site is generally located 3.0-miles northeast of the intersection of State
Highway 16 at Equest Lane. (DLM)
Mayor Pierce introduces the item.
Landy Northy, 12639 West Explorer Drive, Boise, Idaho, representing GWC Capital, LLC
reviews the application.
Planner III,Daniel Miller,provides an overview of the application.
Mayor Pierce opens the Public Hearing.
No one in the audience chooses to testify.
Gindlesperger makes a motion to approve action item 9A-PP-11-22 - Preliminary Plat for
Valnova Lots 32-35 Subdivision - GWC Capital,LLC with the standard and site specific
conditions of approval and striking #16. Seconded by Pike. ALL AYE...MOTION
CARRIES.
B. Development Agreement Modification Associated with RZ-15-21 - Amberly Ranch
Subdivision - Travis Perry: Council authorization for Mayor to execute the development
agreement associated with Amberly Ranch Subdivision. The request is to modify the required
width of the sidewalk located along West Beacon Light Road identified in the previously
approved Condition of Development #3.9. The 11.8-acre site is located on the southwest
corner of West Beacon Light Road and N. Ballantyne Lane. (MJW)
Mayor Pierce introduces the item.
Travis Perry, 125 South Kestrel, Eagle, Idaho reviews the requested modification to the
Development Agreement associated with RZ-15-21.
Planner III,Mike Williams,provides an overview of the application.
Mayor Pierce opens the Public Hearing.
Ed Sloan, 4243 North Brookside Lane, Eagle, Idaho. Sloan states that he lives off Beacon Light
but states that anytime the City can get sidewalks in the area is beneficial.
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Perry states that they are in support of putting a 5-foot sidewalk not a 10-foot sidewalk.
Mayor closes the public hearing.
Pike states that they will be the starting point of sidewalks along Beacon Light.It is imperative that
sidewalks get installed.It does fall in line with the future of Beacon Light.The City needs to be in
harmony when working with ACHD.He would recommend denial of the 5-foot request.
Gindlesperger asks if this is a logical request from the City's standpoint.
Williams states that it is ACHD standards and other developments that come through will be
required to do a 10-foot sidewalk.
Gindlesperger makes a motion to approve Development Agreement Modification
Associated with RZ-15-21 - Amberly Ranch Subdivision - Travis Perry Seconded by
Russell.ALL AYE.PIKE NAY.MOTION CARRIES.
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 allotte time. Out of courtesy for all who wish to speak, the City Council requests each speaker limit their
comments to three(3)minutes.
Edward Sloan,4243 North Brookside Lane,Eagle,Idaho. Sloan would like an update on item E on
the Consent Agenda.
City Attorney states it is to do a feasibility study to see if the City can provide water should the
land get developed.
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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APPROVED:
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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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EAGLE CITY COUNCIL
August 22, 2023
4jj. ;
, ' PUBLIC COMMENT 1 SIGN-UP
Time is allotted on the agenda at the beginning and end of the council meeting.
Time is limited to three (3) minutes per individual.
TESTIFY PRO/CON or
NAME (please print) ADDRESS YES/NO NEUTRAL
p
L i 51-0/31 —) i/ z L/j A), �5 ;66,0..,E-1 j 1-e--5-
EAGLE CITY COUNCIL
August 22, 2023
PUBLIC COMMENT 1 SIGN-UP
Time is allotted on the agenda at the beginning and end of the council meeting.
Time is limited to three (3) minutes per individual.
EAGLE CITY COUNCIL
August 22, 2023
PUBLIC COMMENT 2 SIGN-UP
Time is allotted on the agenda at the beginning and end of the council meeting.
Time is limited to three (3) minutes per individual.
TESTIFY PRO/CON or
NAME (please print) ADDRESS YES/NO NEUTRAL
EAGLE CITY COUNCIL
August 22, 2023
PUBLIC COMMENT 2 SIGN-UP
Time is allotted on the agenda at the beginning and end of the council meeting.
Time is limited to three (3) minutes per individual.
EAGLE CITY COUNCIL MEETING
August 22, 2023
PUBLIC HEARING: Item 9A
SUBJECT: A Public Hearing for PP-11-22 - Preliminary Plat for Valnova Lots 32-35
Subdivision - GWC Capital, LLC:
TESTIFY PRO/CON
NAME (please print) ADDRESS YES/NO NEUTRAL
More on back
EAGLE CITY COUNCIL MEETING
August 22, 2023
PUBLIC HEARING: Item 9A
SUBJECT: A Public Hearing for PP-11-22 - Preliminary Plat for Valnova Lots 32-35
Subdivision - GWC Capital, LLC:
TESTIFY PRO/CON
NAME (please print) ADDRESS YES/NO NEUTRAL
More on back
EAGLE CITY COUNCIL MEETING
August 22, 2023
PUBLIC HEARING: Item 9A
SUBJECT: A Public Hearing for PP-11-22 - Preliminary Plat for Valnova Lots 32-35
Subdivision - GWC Capital, LLC:
TESTIFY PRO/CON
NAME (please print) ADDRESS YES/NO NEUTRAL
More on back
EAGLE CITY COUNCIL MEETING
August 22, 2023
PUBLIC HEARING: Item 9A
SUBJECT: A Public Hearin! for PP-11-22 - Preliminary Plat for Valnova Lots 32-35
Subdivision - GWC Capital, LLC:
TESTIFY PRO/CON
NAME (please print) ADDRESS YES/NO NEUTRAL
More on back
EAGLE CITY COUNCIL MEETING
August 22, 2023
PUBLIC HEARING: Item 9B
SUBJECT: A Public Hearing for a Development Agreement Modification Associated
with RZ-15-21 - Amberly Ranch Subdivision - Travis Perry:
TESTIFY PRO/CON
NAME (please print) ADDRESS YES/NO NEUTRAL
More on back
ti
EAGLE CITY COUNCIL MEETING
August 22, 2023
PUBLIC HEARING: Item 9B
SUBJECT: A Public Hearing for a Development Agreement Modification Associated
with RZ-15-21 - Amberly Ranch Subdivision - Travis Perry:
TESTIFY PRO/CON
NAME (please print) ADDRESS YES/NO NEUTRAL
More on back
EAGLE CITY COUNCIL MEETING
August 22, 2023
PUBLIC HEARING: Item 9B
SUBJECT: A Public Hearing for a Development Agreement Modification Associated
with RZ-15-21 - Amberly Ranch Subdivision - Travis Perry:
TESTIFY PRO/CON
NAME (please print) ADDRESS YES/NO NEUTRAL
More on back
EAGLE CITY COUNCIL MEETING
August 22, 2023
PUBLIC HEARING: Item 9B
SUBJECT: A Public Hearing for a Development Agreement Modification Associated
with RZ-15-21 - Amberly Ranch Subdivision - Travis Perry:
TESTIFY PRO/CON
NAME (please print) ADDRESS YES/NO NEUTRAL
More on back