Minutes - 2024 - City Council - 01/09/2024 - Regular EAGLE CITY COUNCIL
MEETING MINUTES
January 9,2024
1. CALL TO ORDER: Mayor Pierce calls the meeting to order at 5:30 p.m.
2. ROLL CALL: Present: GINDLESPERGER, PIKE, BAUN. RUSSELL. A quorum is
present.
3. PLEDGE OF ALLEGIANCE: Mayor Pierce leads the Pledge of Allegiance.
4. ADDITIONS,DELETIONS OR MODIFICATIONS TO THE AGENDA:None
5. REPORTS:
A. Mayor and Council: Pike reports on the Sewer District meeting, at which a 20-year master
plan was adopted.Mayor Pierce provides an overview of events and achievements over the last
four years, including the City's response to the COVID-19 pandemic,the declaration of Eagle
being a 2nd Amendment Sanctuary City,the relocation of the museum creating a City campus,
the Community Hall addition,technology improvements that improved customer services and
staff efficiency, preservation of the foothills, the beginning of Valnova development
construction,annexation ofAvimor as well as other achievements.Mayor Pierce discusses park
developments and legacy community events, and recreation program offerings.
B. Department Supervisor:None
C. Eagle Police Department:None
D. City Attorney:None
6. 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 December 19,2023.(TEO)
C. Proposal and Agreement Between Express Service Division and the City of Eagle:
Proposal and Agreement between Express Service Division and the City of Eagle for additional
services associated with the remodel improvements to 312 East State Street, Eagle, Idaho. An
amount not to exceed$32,092. Staff is requesting to utilize ARPA funds for the expense. (ELZ)
D. Findings of Fact and Conclusions of Law for the Denial of RZ-08-23 -Rezone from A-R
to R-E-DA - Robert West: Robert West is requesting a rezone from A-R (Agricultural-
Residential)to R-E-DA(Residential-Estates with a development agreement). The 4.95-acre site is
located on the east side of North Beverly Drive approximately 860-feet south of the intersection of
West Floating Feather Road and North Beverly Drive at 950 North Beverly Drive. (MJW)
E. DR-53-23-Common Area Landscaping within Route 44 Crossing Subdivision-Kenneth
Firmage: Kenneth Firmage, represented by Nicolette Womack with Kimley-Horn, is requesting
design review approval for the common area landscaping within Route 44 Crossing Subdivision.
The 15.68-acre site is located at the northeast corner of State Highway 44 and North Linder Road
at 410 North Linder Road and 4400 West State Street. (ERF)
F. DR-56-23 - Common Area Landscaping within Silvercreek Subdivision - Laren Bailey:
Laren Bailey is requesting design review approval of the common area landscaping within
Silvercreek Subdivision. The 65.39-acre site is located on the north and south sides of West Mace
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Road approximately 1,740-feet west of the intersection of West Windbreaker Lane and West Mace
Road at 1522 and 1811 West Mace Road.(BAW)
G. Purchase and Sale Agreement Between WOODLAB INC and the City of Eagle: Purchase
and Sale Agreement between WOODLAB INC and the City of Eagle for the purchase of a custom
conference table in an amount not to exceed$8,500. (ELZ)
Mayor Pierce introduces the item.
Baun moves to approve consent agenda items A-G.Seconded by Russell.GINDLESPERGER
AYE; PIKE AYE; BAUN AYE; RUSSELL AYE.ALL AYE...MOTION CARRIES.
7. CONCLUSION OF OLD BUSINESS:
A. ACTION ITEMS Water System Capitalization Fee Study Acceptance:HECO Engineers
has completed a study of the City of Eagle Water System to determine new Capitalization Fees
which will replace the current Storage and Trunk Line (STL) Fees and the Water Construction
Equivalency(WCE)Fees. Staff requests City Council acceptance of the study.(KR) This item was
continued from the December 19, 2023, City Council Special meeting.
Mayor Pierce introduces the item.
City Engineer, Mike Davis HECO 32 N. Main Street, Payette, Idaho. Davis provides additional
information regarding the east and west zones and additional calculation methodology separating
the eastern and western systems.
General discussion.
B. Public Hearing to Consider a New Capitalization Fee for the City of Eagle Water
Department.(HECO and KR)
Dave Yorgason, 14254 W.Battenburg,Boise,Idaho. Mr.Yorgason asks how current projects may
be impacted by this study. He currently has projects that would be impacted by the new
capitalization fee and asks that exiting projects be grandfathered, or some other methodology.
Craig Kvamme, 1026 Two Rivers Lane,Eagle,Idaho. Mr.Kvamme asks that the Council seek an
update to the analysis to ensure the calculations are accurate,as the numbers used are approximately
15-18 months old at this time. In addition, the assumptions Council requested to reduce the
capitalization fees,while admirable,should be discarded and standard methodology should be used
in order to have a defensible position. With those results the discussion of grandfathering and such
could be had. Therefore, he asks for this to be sent back to the City Engineer to update the
calculations prior to Council action.
Mayor closes the public hearing.
Discussion between Council and City Engineer. Davis states that new calculations can be prepared,
it would be a minor matter of updating the study and a few other updates,but that it should not take
a significant amount of time. Pike seeks clarification on the calculations. Discussion.
Baun moves to approve the Water System Capitalization Fee Study.Motion dies for lack of second.
Pike moves to remand the Water Study Capitalization Fee Study to staff. Seconded by
Gindlesperger. ALL AYE...MOTION CARRIES.
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B.1. ACTION ITEMS Resolution No.23-33,New Capitalization Fee to Replace Storage and
Trunk Line Fees and Water Construction Equivalency Fees in Accordance with a City of
Eagle Water System Capitalization Fee Study: A resolution replacing the Storage and Trunk
Line (STL)Fees and Water Construction Equivalency(WCE)Fees with a new Capitalization Fee
for the City of Eagle Water Department in accordance with Eagle City Code Section 1-7-4 and
providing an effective date. (KR) This item was continued from the December 19, 2023, special
meeting. The public hearing remains open.
Item remanded in conjunction with 7A and 7A.1.
8. OATH OF OFFICE:
A. Oath of Office: City Clerk administers the Oath of Office for the position of Mayor to Brad
Pike.
City Clerk Osborn administers the Oath of Office to Brad Pike.
B. Oath of Office: City Clerk administers the Oath of Office for City Council members Mary
May and Craig Kvamme.
City Clerk Osborn administers the Oath of Office to Mary May and Craig Kvamme.
9. RECOGNITION:
A. Recognition of Outgoing Elected Officials.
Mayor Pike presents tokens of appreciation for service to the Eagle community during the tenure
as Mayor and Councilmember to Jason Pierce and Charlie Baun.
Mayor Pike calls for a 10-minute break.
10. ROLL CALL: Present: GINDLESPERGER, RUSSELL, MAY, KVAMME. A
quorum is present.
A. ACTION ITEM: Election of City Council President and Pro Tem
Mayor Pike introduces the item.
May nominates Russell as Council President. Seconded by Gindlesperger. ALL
AYE...MOTION CARRIES.
Kvamme moves to elect Mary May as Pro Tem. Motion dies due to lack of second.
Russell moves to nominate Gindlesperger. Seconded by May. ALL AYE...MOTION
CARRIES.
11. 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.
Mayor Pike introduces the item.
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Steve Bender, 1235 N. Seven Oaks Place, Eagle, Idaho. Mr. Bender welcomes the newly elected
and encourages the Mayor and Council to leave the campaign behind them and move forward in a
positive manner. Bender also requests that the Council identify a new liaison to the Sewer District.
Floyd Stewart,2534 Synergy,Eagle Idaho. Mr.Stewart expresses his dismay with how the Avimor
application was handled regarding public testimony and the developers conduct. There are a lot of
people opposed to the City's annexation of Avimor, and that was an overwhelming sentiment he
heard while knocking on doors during the campaign. The Council has a lot of work to do to
reestablish the integrity of City government.
John Seale,2906 N.Payton Drive,Eagle,Idaho. Mr. Seale states that it has a contentious election.
He applauds Mayor Pike for his acknowledgement of the outgoing officials. He looks forward to
a more inclusive mindset.To pass legislation that reduces the power Mayor was an egregious event
that should be corrected.
Dave Yorgason, 2300 Oakhampton, Eagle, Idaho. Mr. Yorgason is soon to be an Eagle resident.
He congratulates the newly elected and he looks forward to working with the Council.
12. 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. Permanent Pathway Easement Agreement Between the City of Eagle and Molinari Park
Development, LLC, for a Public Pathway within Molinari Subdivision No. 2: Molinari Park
Development, LLC, is requesting approval of a permanent pathway easement agreement for the
public pathway easement agreement for the public pathway located within Molinari Subdivision
No.2. The 6.5-acre site is located at the south side of East Plaza Drive approximately 300-feet east
of the intersection of South 2nd Street and East Plaza Drive. (MJW)
B. Development Agreement for RZ-10-22 — Shetland Point Subdivision — Opus
Development, LLC: Council authorization for Mayor to execute the development agreement
associated with the rezone from RUT(Rural-Urban Transition—Ada County designation)and RI
(Residential—Ada County designation)to R-3-DA-P (Residential with a development agreement
—PUD). The 5.37-acre site is located on the west side of North Park Lane approximately 400-feet
south of the intersection of West Floating Feather Road and North Park Lane at 1025 North Park
Lane. (MJW)
Mayor Pike introduces the item.
Gindlesperger moves to approve consent agenda items A and B. Seconded by May.
GINDLESPERGER AYE; MAY AYE; RUSSELL AYE; KVAMME AYE. ALL AYE.
MOTION CARRIES.
13. ALL PUBLIC HEARING ITEMS ARE CONSIDERED ACTION ITEMS PUBLIC
HEARINGS: NONE
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14. NEW BUSINESS:
A. ACTION ITEM: Review and Discuss Liaison Positions for Mayor and Council. 2023
Council Liaison Positions.
Mayor Pike introduces the item.
Council members discuss the various liaison positions and make their preferences known. Staff
will update the list and bring it back to Council for final review at the next meeting.
15. 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.
None
16. 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;
Gindlesperger move 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. The mere
presence of legal counsel at an executive session does not satisfy this requirement. Seconded
by Russell. GINDLESPERGER AYE; MAY AYE; RUSSELL AYE; KVAMME 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.
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17. ADJOURNMENT:
May moves to adjourn. Seconded by Kvamme. ALL AYE...MOTION CARRIES.
Hearing no further business,the Council meeting was adjourned.
,I/111111 IdI0,I
Resp ctfully submitted oF EA '',
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T CY E. RN,CMC •
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APPROVED: 1
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BRAD PIKE,
MAYOR
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT
W W W.C ITYOFEAGLE.ORG.
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2/5/2024
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2/5/2024
THE CITY OF
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