Minutes - 2024 - City Council - 02/13/2024 - Regular EAGLE CITY COUNCIL
MEETING MINUTES
February 13,2024
1. CALL TO ORDER: Mayor Pike calls the meeting to order at 5:30 p.m.
2. ROLL CALL: Present: GINDLESPERGER,MAY,RUSSELL,KVAMME. A quorum is
present.
3. PLEDGE OF ALLEGIANCE: Mayor Pike leads the Pledge of Allegiance.
4. ADDITIONS,DELETIONS OR MODIFICATIONS TO THE AGENDA: NONE.
5. REPORTS:
A. Mayor and Council: Mayor states that the City has been working with ACHD to
communicate timely updates for the Eagle Road construction.Russell conveys comments received
regarding the Town Hall meeting in January pertaining to commenting on pending/threatened
litigation, encouraging a welcoming tone during the meeting and not allowing personal attacks
and a request for microphones for each elected official so they don't have to share. Russell
comments on a letter sent to a state legislature regarding a draft bill by Mayor Pike that had yet to
achieve official bill status. She feels the use of City letterhead which contains all elected officials'
names was inappropriate, and implied Council too was commenting on the draft legislation.
Kvamme reports on the Eagle Sewer District meeting discusses several innovative cost savings
measures that have been implemented. On March 11,2024,the Sewer District will hold an open
meeting to discuss conservation measures that are being proposed, the public is encouraged to
attend. Mayor Pike states that it is commonplace for Mayors to comment on legislation. The
language in the letter regarding the term "we"references the two signers of the letter and was not
intended to imply consensus of the elected officials listed on the letterhead itself. Mayor Pike
mentions that should Council wish him to use letterhead with only his name,he would be willing
to do so for these types of correspondences. He believes that the legislation would be extremely
detrimental to Eagle's Urban Renewal Agency and its practices. It was never his intent to
disrespect the Council nor misrepresent anything. Discussion.
B. Department Supervisors:None
1. City Treasurer,Financial Reports for January 2024.(KR)
C. Eagle Police Department: Chief Ruby provides a brief report on the last four weeks he
has served as Eagle's Police Chief. Discusses proactive and reactive policing efforts in Eagle over
recent weeks. He also notes that Deputy Vale, who has served in Eagle the last three (3) years
received the Sheriff's Star Award and was also recognized as Deputy of the Year for Ada County
Sheriff's Office. Mayor would like to recognize Deputy Vale at a future Council meeting.
D. City Attorney: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.
Mayor introduces the item.
William Zieebell,4365 W. Springhouse Drive,Eagle,Idaho. Mr.Ziebell announces a fundraising
event occurring in May. The fundraising is aimed at supporting first responders.
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Pat Chapman, 1570 N. Prestwick Way, Eagle, Idaho. Mr. Chapman would like to organize a
community emergency response team to assist the police and fire in the event of an emergency. He
would like to request to be placed on an agenda so that they may present their proposal to the City.
Mayor Pike states that this type of organization is already in the process of being coordinated and
is common throughout the United States.It is called a Citizens Emergency Response Team,CERT
Program. Mayor Pikes encourages Mr. Chapman to reach out to the City and he will keep him
informed on the progress of the organization so that they can participate.
Ian Burnett, 1417 N.Presto Bellow Way,Eagle Idaho. Mr.Burnett is the Vice-Chairman of Eagle's
Urban Renewal Agency. He states that it is common for the Agency to speak to proposed
legislation. The legislation currently being proposed would hinder the activities of the Agency and
hopes that the Council will oppose the legislation as well.
Tom Letts, 302 N. Taylor Street, Eagle, Idaho. Mr. Letts seeks an explanation on Two Rivers
legislation and why they lost the parking lot for access to the south channel and also why attorney
fees were not collected.
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. Minutes of January 9,2024. (TEO)
C. Minutes of January 23,2024. (TEO)
D. Minutes of January 29,2024. (TEO)
E. Authorization of Payment for Costs Relating to the Eagle Mayoral Run-Off: Staff is
requesting Council authorization for the payment of $128,254.25 to Ada County for
administration costs associated with the administration of the December 5, 2023, Eagle
Mayoral Run-Off Election. Staff is requesting Council approval of the use of ARPA funds for
this expense. (TEO)
F. Resolution 24-01 - Amending the Invocation Policy: A Resolution of the City Council
of the City of Eagle, Ada County, Idaho, amending Resolution No. 18-21, a Policy for
Invocations Before Meetings of the Eagle City Council; providing this Resolution to be
effective upon its passage and approval. (TEO)
G. Findings of Fact and Conclusions of Law for the Denial of A-02-23/RZ-03-23/PP-03-
23—Annexation,Rezone,and Preliminary Plat for Huntridge Subdivision—BPS Palmer
Lane, LLC: BPS Palmer Lane, LLC, Shannon Ely, represented by Kindi Moosman with
Horrocks Engineers, is requesting an annexation, rezone from RUT (Rural-Urban Transition
—Ada County designation)to R-6-DA (Residential with a development agreement [in lieu of
a PUD]), and preliminary plat approvals for Huntridge Subdivision, a 73-lot (58-buildable [5
single-family detached, 53 single family attached], 15-common) residential subdivision. The
10-acre site is located on the west side of North Palmer Lane approximately 445-feet south of
the intersection of West Beacon Light Road and North Palmer Lane at 3101 North Palmer
Lane. (MJW)
H. Findings of Fact and Conclusions of Law for the Approval of FPUD-05-23 & FP-11-
23 — Final Development Plan and Final Plat for Carp Ranch Subdivision — Gemshore
Eagle RE, LLC: Gemshore Eagle, LLC, represented by Kevin Froehlich, P.E., with KM
Engineering, LLP, is requesting final development plan and final plat approvals for Carp
Ranch Subdivision, a 76-lot(69-buildable and 7-common)residential subdivision. The 34.57-
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acre site is located on the south side of West Floating Feather Road approximately 500-feet
west of the intersection of North Cove Colony Way and West Floating Feather Road. (MJW)
I. DR-42-98 MOD-Building Addition to the Banbury Meadows Golf Course Clubhouse
Building - Banbury Meadows LLC: Banbury Meadows LLC, represented by Jay Gibbons
with South Beck and Baird, is requesting design review approval to construct a 2,901-square
foot building addition to the Banbury Meadows Golf Course clubhouse building to include an
indoor golf simulator. The 75.02-acre site is generally located 370-feet west of North Eagle
Road between West Oakhampton Drive and West Colchester Drive at 2626 South Marypost
Place. (BAW)
J. DR-74-23 - Common Area Landscaping within Hevostila Estates Subdivision -
Criterion Land Management: Criterion Land Management, represented by Nicolette
Womack with Kimley-Horn, is requesting design review approval for the common area
landscaping within Hevostila Estates Subdivision. The 12.14-acre site is located on the south
side of East Floating Feather Road approximately 355-feet west of the intersection of North
Falling Water Avenue and East Floating Feather Road at 2385 East Floating Feather Road.
(ERF)
K. DR-75-23 - Four Subdivision Monument Signs for Hevostila Estates Subdivision -
Criterion Land Management: Criterion Land Management, represented by Nicolette
Womack with Kimley-Horn, is requesting design review approval for four subdivision
monument signs for Hevostila Estates Subdivision. The 12.14-acre site is located on the south
side of East Floating Feather Road approximately 355-feet west of the intersection of North
Falling Water Avenue and East Floating Feather Road at 2385 East Floating Feather Road.
(ERF)
L. ACHD Cost Share Agreement for Downtown Mobility Improvements-Phase 1:
Approval of the Cost Share Agreement between the City of Eagle and ACHD for the City
requested improvements (enhanced sidewalks, street trees, streetlights, City fiber, etc.), in
amount not to exceed $410,000. (NBS)
M. *Water System Capitalization Fee Study Acceptance: HECO Engineers has completed
a study of the City of Eagle Water System to determine new Capitalization Fees. Staff requests
City Council acceptance of the study dated January 2024. (KR)
Mayor Pike introduces the item.
May asks for item E to be removed.
Gindlesperger moves to approve items 7A-M, excluding E. Seconded by May.
GINDLESPERGER AYE; MAY AYE; RUSSELL AYE; KVAMME AYE. ALL AYE...
MOTION CARRIES.
E. Authorization of Payment for Costs Relating to the Eagle Mayoral Run-Off: Staff is
requesting Council authorization for the payment of $128,254.25 to Ada County for
administration costs associated with the administration of the December 5, 2023, Eagle
Mayoral Run-Off Election. Staff is requesting Council approval of the use of ARPA funds for
this expense. (TEO)
May questions the use of ARPA funds for an elections related expense. States that it is
obviously not a COVID related expense. Discusses previous elections related expense and
perhaps a better method of budgeting for these type of expense for in Mayoral election years.
City Clerk, Tracy Osborn, states that initially the legislation that allocated ARPA funds
identified a very limited scope for fund use. Since the initial legislation, the federal
government has issued Interim Rules and provided additional clarification on how the funds
may be used. The City of Eagle designated all ARPA funds received as revenue replacement
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which opened up use of those funds for any purpose the City deemed appropriate. The City
received a little over 6 million dollars, and the entire amount was designated as revenue
replacement. In the current year's budget, no funds were budgeted for runoff election
expenses.
City Treasurer,Kellie Rekow, discusses alternate budget line items which could be utilized to
pay for the runoff expenses should Council chose to not use ARPA funds. Emergency
Reserved or Administrative Reserve line items both have funds available that would be
sufficient to cover this expense. Rekow states that the deadline for ARPA funds to be
expended or committed (via contract) is the end of this calendar year.
May states that in the future the City should budget for run-off expenses as alternate funds
will not be available.
Gindlesperger moves to approve 7E Authorization of Payment for Costs Relating to the
Eagle Mayoral Run-Off. Seconded by Kvamme. GINDLESPERGER AYE; MAY AYE;
RUSSELL AYE: KVAMME AYE.ALL AYE...MOTION CARRIES.
8. UNFINISHED BUSINESS:
A. *ACTION ITEM. Staff is seeking Council review and approval of the letter to Idaho
Transportation Department (ITD) regarding their recommendation for the State
Highway 16 reevaluation. (NBS)
Mayor Pike introduces the item.
Director of Long-Range Planning and Projects Nichoel Baird Spencer reviews the contents of
the letter from the work session with ITD.
May and Kvamme compliments staff on capturing their discussion points from the meeting
and quick turnaround.
Gindlesperger moves to approve the letter to Idaho Transportation Department (ITD)
regarding their recommendation for the State Highway 16 reevaluation. Seconded by
May. ALL AYE...MOTION CARRIES.
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. RZ-04-17 MOD3 — Development Agreement Modification for Bronco Acres
Subdivision — Mustang Crossing Eagle, LLC: Mustang Crossing Eagle, LLC, represented
by Stephanie Hopkins with KM Engineering, LLP, is requesting a modification to the rezone
development agreement associated with Bronco Acres Subdivision. The request is to modify
Condition of Development #3.12, removing the requirement to construct a six-foot (6') high
pre-cast concrete fence located adjacent to the northern boundary of the property. The 9.84-
acre site is located at the northeast corner of North Park Lane and State Highway 44. (MJW)
Mayor Pike introduces the item and opens the public hearing.
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Kvamme states prior to being elected to Council he was hired to do weed removal on the
property about a year ago. City Attorney, Victor Villegas asks Kvamme if he stands to gain
financially. Kvamme states no and feels he can make an impartial and unbiased decision.
Stephanie Hopkins representing KM Engineering, 5725 N Discovery Way, Boise, Idaho,
reviews the application and the development conditions they are seeking to modify.
Deputy Zoning Administrator, Mike Williams, reviews the staff report and reviews items for
special consideration.
Zoning Administrator,Bill Vaughn, speaks to fencing placement and impact to existing trees.
Discussion.
Mayor opens public testimony.
William Ziebell, 4365 W. Springhouse Drive, Eagle, Idaho. Mr. Ziebell states that he owns a
solid vinyl fence, and that they aren't very solid. He is concerned that leaving the existing
fences could pose a safety hazard for neighbors who may have dementia and tend to wander.
A concrete fence would be sturdier. To pass the cost along the maintenance cost is odious.
Mayor closes public testimony.
Ryan Nicholson with RLG owner of the property. They do not want to build a fence next to
an existing fence. Discusses responsibility for existing fence maintenance costs. Concern is
expressed that the construction of the required fence next to existing fencing would create a
void between the two. They want to provide an option that is safe and is visually appealing.
Gindlesperger does not believe that passing the fencing requirement along to existing
neighbors is acceptable. Russell concurs with the original requirements of the development
agreement. May also concurs and agrees that it may be a safety concern as was mentioned in
public testimony. Kvamme agrees that the placement of the concrete fence adds to the quality
of the development overall.
General discussion.
Gindlesperger moves to deny RZ-04-17 MOD3 —Development Agreement Modification
for Bronco Acres Subdivision—Mustang Crossing Eagle,LLC. Seconded by May. ALL
AYE...MOTION CARRIES.
B. CU-07-23 — Conditional Use Permit for a Restaurant (with drive-through) —
Landmark Pacific Investors, LLC: Landmark Pacific Investors, LLC, represented by
Andrew Newell with BAWCE, is requesting conditional use permit approval for a restaurant
(with drive-through) within a MU-DA (Mixed Use with development agreement) zoning
district. The 2.84-acre site is located at the northeast corner of State Highway 44 and West
State Street. (MJW)
Mayor Pike introduces the item and opens the public hearing.
Andrew Newell with BAWCE representing Landmark Pacific Investors LLC, reviews the
application. Discussion regarding traffic impact study, stacking and commuter traffic.
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Will Cornell, Starbucks Coffee, does not have information to share regarding daily traffic
estimations for this location. They do not publicly disclose sales information and they do not
track internally daily trips.
Kvamme and May express concerns with stacking, and increased trips per day.
Deputy Zoning Administrator, Mike Williams, reviews the staff report and reviews items for
special consideration.
Mayor opens public testimony.
Tina Sepuluda, 2173 W. South Fork Drive, Eagle Idaho. Ms. Sepuluda lives in Countryside
Estates. While there is a berm and trees between her property and this site, she is concerned
with the traffic and the vehicle lights. She is not in favor of a drive through at this location.
Cheryl Bloom, 2153 N. Holly Brook Place, Eagle, Idaho. Ms. Bloom is opposed to the
application due to the stacking of traffic. Dutch Brothers immediately noticed that they had
a problem and took corrective action. Dutch Brothers had the luxury of more space but does
not see that as an option for the proposed Starbucks. The traffic study does not consider high
school traffic. The stacking will be a huge problem.
Nancy Knolle, 1495 W. Washam Road, Eagle, Idaho. She is concerned with the traffic
increase. The rates of speed on Highway 44 are quite high. Stacking is of great concern as
well. Discusses traffic patterns and flow of traffic. She would ask that another traffic study
utilizing better data.
Tom Letts, 302 Taylor Street,Eagle,Idaho. Mr. Letts believes that the allowance of this drive
through would result in grid lock with people trying to make the turn. He implores the Council
to deny the application.
Mayor Pike closes public testimony.
Blaine Womer with Womer Engineering, 4355 W. Emerald Street Boise, Idaho. Mr. Womer
states that the development agreement allows for commercial use on the property that will be
neighborhood friendly. The traffic study did include high school traffic counts and other
traffic related factors. The analysis was approved by ACHD and resulted in levels of services
of A and B. They believe that Starbucks would be a lessor impact, and feel the proposed
location is appropriate. The request is for only one drive through site on the property.
Kvamme asks if the applicant would consider installing a berm to mitigate some of the
headlight impact. Discussion.
Gindlesperger notes that traffic numbers do not include developments that have been approved
but that haven't begun construction yet. She is also concerned about not being able to go back
to this type of approval. At this time, she is not in favor of a drive-thru at this location.
Kvamme agrees with Gindlesperger, he is also concerned with the stacking and possible
increase in pass through traffic through downtown. He is in favor of commercial zoning, but
not the drive through. May agrees with concerns expressed, as well as the commercial zoning
but not the drive thru. Russell concurs with the other Council members. A drive-thru does
not promote a walkable community.
Deputy Administrator Williams provides approval language options for consideration based
on the discussion had by Council.
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Approve with recommended standard and site-specific conditions of approval with the
following modifications. Site specific condition #1: striking allowance of the coffee shop
with drive thru leaving retail. Stike site specific condition 2 and 3.
Gindlesperger moves to approve 9B CU-07-23—Conditional Use Permit for a Restaurant
(with drive-through)—Landmark Pacific Investors, LLC with the standard site specific
and standard conditions as stated by staff. Seconded Russell. Discussion. ALL
AYE...MOTION CARRIES.
Mayor Pike calls an 8-minute recess.
C. ZOA-03-23 — Zoning Ordinance Amendment (Ordinance 907) — Building
Contractors Association of Southwest Idaho: An ordinance of the City of Eagle, Ada
County,Idaho, amending Eagle City Code Title 8 "Zoning Administration and Enforcement",
Section 8, "Notice Requirements"; providing a severability clause; and providing an effective
date. (WEV)
Mayor Pike introduces the item and opens the public hearing.
Ken Burgess, 7200 W. McMullin Street, Boise, Idaho. Mr. Burgess is representing the
Building Contractors Association of Southwest Idaho. Mr. Burgess reviews the proposed
change to notification requirements. They believe the proposal clarifies and simplifies the
current notification requirements.
Planning and Zoning Administrator, Bill Vaughan, states that staff reviewed the proposed
changes as to legislative format but defers to Council whether they choose to make a change
or not. Vaughan makes himself available for questions regarding current code and previous
changes. At the request of Council,he provides his recollection of the tiered notification code
change. Discussion.
Mayor opens public testimony.
Jim McMahon, 400 Block of Triple Ridge Place, Eagle, Idaho. Mr. McMahon does not trust
the motivation of the BCA and the actions of those who accepted campaign donations. He is
concerned with the objectivity of the Council Members who accepted money from BCA.
William Ziebell is opposed to the zoning ordinance. Mr. Ziebell provides a handout from the
Secretary of State which details the donations made by a PAC known as the BCA and states
that May, Russell and Gindlesperger received donations. There are other mechanisms to
provide notification by electronic means that could be an option.
Brent Stegill, Rivington Way, Eagle, Idaho. He does not believe that there is a problem with
the current code, and a change is not warranted. Nothing in the proposed ordinances benefits
the residents, it does benefit the developers. Mr. Stegill believes that Mr. Rictor hired Mr.
Burgess to come here as a lobbyist. There is nothing wrong with the code and it should be left
intact. It is too important a decision to make tonight.
Harold Erb, 5805 W.Durning Drive,Eagle,Idaho. Mr. Erb reviews property densities as well
as estimated profits from developments. The projected cost to a developer is minimal and yet
invaluable to the citizens of Eagle. Why make a change that will only benefit a developer who
is benefiting significantly financially already.
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Valarie Ruxton, 4552 W. Briar Rock Eagle, Idaho. The reasoning for the original ordinance
benefits the residents,while the proposed simplifies things for the BCA. She is concerned that
the benefits of the developer outweigh the benefits to the public.
Christopher Hadden, 909 N. Morley Green Place, Eagle, Idaho. Mr. Hadden states that he
was instrumental in some of the changes made in 2019. He believes in public transparency.
With the prior law no one would have been notified of the Avimor annexation. He is granted
3 additional minutes from an unidentified member of the audience. Reviews maps showing
city limits,Avimor properties as well as Sage Properties that are currently seeking annexation.
Mr. Hadden provides slides confirming that the BCA is an established PAC and has given
campaign benefits to Russell, May and Gindlesperger. He questions the legitimacy of those
three members to vote on the matter.
Gindlesperger poses the question to the City Attorney, is there a conflict of interest for an
elected official to take action when they have received campaign contributions from an entity.
City Attorney Victor Villegas states that this is a legislative function, not a quasi-judicial
function. If that were the case every politician in the state would have to recuse themselves.
So, no, it is not a conflict. Campaign contributions are not required to be disclosed as a
conflict. There is a mechanism for that, but not just because a campaign contribution was
received.
Darrell Fugate, 3104 N. Dorchester Drive, Eagle, Idaho. Mr. Fugate is concerned with the
large acreage changes. He feels that more notice does need to be given for the large acreages
over 500 acres, he does feel that the whole city needs to be notified in those instances. The
other tiered sections, he does not have a strong opinion.?
Dave Yorgason, 2300 W. Oakhampton, Eagle, Idaho. Mr. Yorgason is a developer and a
developer consultant. He does believe that that there is confusion associated with the
notification requirements,over the last couple of years several applications have been required
to be re-noticed due to the confusion regarding city requirements. He is in support of the
proposed changes.
Tom Letts, 302 N. Taylor Street, Eagle, Idaho. Mr. Letts states that there are two very large
properties that may request annexation. He is not if favor of the proposed change.
Nancy Knollem, 1495 W. Washam Road, Eagle, Idaho. Ms. Knolle feels that there should be
more transparency, not less. Based on the recall efforts and the runoff election, Eagle needs
more transparency. More honesty,transparency and openness are needed.
Carol Vanible, 1230 N. Hiltonhead Way, Eagle, Idaho. Ms. Vanible is concerned that a PAC
would be having such an impact on Eagle as well as a political effect.
Mayor Pike closes the public testimony.
Ken Burgess reiterates that this proposal is to bring consistency and predictability between
jurisdictions. Mr. Burgess states he does not work for a PAC, but for a membership
organization. There is a subcommittee that is a PAC but he is not a member of that
subcommittee.
Mayor closes the public hearing.
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Discussion amongst the Council. Kvamme states that he too received a donation from the
BCA and was surprised that wasn't discussed during testimony along with the other Council
Members. However, he is here to make a decision that is for the best overall for the City. He
would like to see a collaborative effort between the BCA, residents and staff to address some
of the existing code deficiencies as well as some of the issues of the would insure
transparency. Russell agrees with the proposal, as it exceeds State Code requirements and
even those of other agencies in the valley. She is in favor of the proposed ZOA. Gindlesperger
does not agree with the larger lot notification proposed, so as it is written she is not in favor.
May agrees with the need for standardization, she too notes that Eagle is more restrictive than
other agencies in the valley. Discussion.
Zoning Administrator Vaughan addresses questions posed regarding alternation options.
Dave Yorgason, speaking on behalf of the BCA. They would prefer it not to be tabled but
would be open to continuation to a date certain.
Discussion.
Gindlesperger moves to continue the public hearing for ZOA-03-23—Zoning Ordinance
Amendment (Ordinance 907) —Building Contractors Association of Southwest Idaho to
the March 26. Seconded by May. ALL AYE...MOTION CARRIES.
10. NEW BUSINESS:
A. ACTION ITEM: Ordinance 912 — Annexation and Rezone Ordinance — West Old
Valley,LLC: An ordinance annexing certain real property situated in the unincorporated area
of Ada County, Idaho, and contiguous to the corporate limits of the City of Eagle, to the City
of Eagle,Idaho; changing the zoning classification of said real property described herein from
RUT (Rural-Urban Transition — Ada County designation) to MU-DA (Mixed Use with a
Development Agreement); amending the zoning map of the City of Eagle to reflect said
change; directing that copies of this ordinance be filed as provided by law; providing a
severability clause; and providing an effective date. (MJW)
Mayor Pike introduces the item.
Deputy Zoning Administrator, Mike Williams reviews the ordinance.
Gindlesperger moves,pursuant to Idaho Code,Section 50-902,that the rule requiring
Ordinances to be read on three different days with one reading to be in full be dispensed
with,and that Ordinance#912 be considered after being read once by title only. Seconded
by Russell. ALL AYE... MOTION CARRIES.
Gindlesperger moves that Ordinance#912 be adopted.An ordinance annexing certain
real property situated in the unincorporated area of Ada County, Idaho,and
contiguous to the corporate limits of the City of Eagle, to the City of Eagle, Idaho;
changing the zoning classification of said real property described herein from RUT
(Rural-Urban Transition—Ada County designation) to MU-DA (Mixed Use with a
Development Agreement); amending the zoning map of the City of Eagle to reflect said
change; directing that copies of this ordinance be filed as provided by law; providing a
severability clause; and providing an effective date. Seconded by May.
GINDLESPERGER AYE; MAY AYE;RUSSELL AYE: KVAMME AYE.ALL AYE...
MOTION CARRIES.
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B. ACTION ITEM: Fiscal Year 2024-2028 Capital Plan Modification No. 4: Staff is
requesting the Eagle City Council's review and approval of Modification No.4 to the FY 2024-
2028 Capital Plan adopted on September 26, 2023,to include a new project request, POL CP-
02: Weaponry Purchase to allow for the purchase of law enforcement weaponry for two new
deputies in FY 24. Funds will be allocated for the Police Impact Fees. (NBS)
Mayor Pike introduces the item.
Director of Long-Range Planning and Projects,Nichoel Baird Spencer reviews the requested
modification to the Capital Plan.
A new note in future year ACSO law enforcement contract, the ownership of any weapons
purchased by Eagle Police Impact fees remain the property of the City of Eagle.
Kvamme questions what $900 will purchase. Chief Ruby states that he is currently still
familiarizing himself with what criteria would fall in weaponry.Discussion regarding the need
to better identify what will be purchased.
May moves to approve 10 B. Staff is requesting the Eagle City Council's review and
approval of Modification No.4 to the FY 2024-2028 Capital Plan adopted on September
26,2023,to include a new project request,POL CP-02: Weaponry Purchase to allow for
the purchase of law enforcement weaponry for two new deputies in FY 24. Funds in the
amount of will be allocated for the Police Impact Fees in the amount of$900/deputy or
a total of$1,800. Seconded by Russell. GINDLESPERGER AYE;MAY AYE;RUSSELL
AYE: KVAMME AYE.ALL AYE...MOTION CARRIES.
C. Discussion of First Quarter Fiscal and Capital Project Review.
Mayor Pike introduces the item.
Director of Long-Range Planning and Projects, Nichoel Baird Spencer reviews status of the
first quarter fiscal and capital projects.
General discussion.
Mayor Pike and Council compliment Spencer on all of the hard work put into the presentation.
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
Mayor Pike introduces the item.
William Ziebell,4365 W. Springhouse Drive, Eagle,Idaho. Mr. Ziebell states that he lives in
Springhouse Subdivision. A pump has been piped into the pond in his subdivision and would
like to be directed for where to look for information.
Page 10
K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-02-13-24min.docx
Lori Reddick, 536 Mango Drive, Eagle, Idaho. Ms. Reddick asks if the electronic meter
installed by Veolia become her responsibility. Veolia has contacted her about changes they
are demanding she make to her property. She would like someone to look into the matter for
her. She also invites all seniors to join Eagle Seniors Inc. for a Valentine's luncheon
tomorrow.
Harold Erp, 5805 West Durning Drive, Eagle, Idaho. He states he is impressed with the
Council tonight.
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:
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. Seconded by
May. GINDLESPERGER AYE; MAY AYE; RUSSELL AYE: KVAMME AYE.ALL
AYE... MOTION CARRIES.
A. ACTION ITEM: Action Regarding Pending/Threatened Litigation. None
13. ADJOURNMENT:
Russell moves to adjourn. Seconded by May. ALL AYE...MOTION CARRIES.
Hearing no further business,the Council meeting was adjourned.
Re 'ectfully submitte �.�'��,���OFI�,��''
�` G\�e.....••qG .
CY E fi BORN, CMC = *• '• G ®• m•.
CITY CL ' •_ •
• SE L r * :
APPROVED: •▪'o ,e•.......•'O
,:• 1.. OF ID N ,,'is
B PIKE, ,
MAYOR
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT
W W W.CITYOFEAGLE.ORG.
Page 11
K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-02-13-24min.docx
EAGLE CITY COUNCIL
February 13, 2024
PUBLIC MP 1'" GN-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 NEUTRALrjuifirn I ,c3 '(/) irdr 11 teris‘i) 1-1WX S Z 0 N 1 z. c..z- �dlr� •�
__ 4Na '6 .(k4iNz)4 X
Lcti,
More on back
EAGLE CITY COUNCIL
February 13, 2024
BISC C.QMMETT 1 SIGN-I TP
Time is allotted on the agenda at the beginning and end of the council meeting.
Time is limited to three (3) minutes per individual.
More on back
EAGLE CITY COUNCIL MEETING
February 13, 2024
PUBLIC HEARING: Item 9A
SUBJECT: RZ-04-17 MOD3 — Development Agreement Modification for Bronco Acres
Subdivision — Mustang Crossing Eagle, LLC:
TESTIFY PRO/CON
NAME (please print) ADDRESS YES/NO NEUTRAL
pi(t Nt;i7\ .4( 'l3('( V� .5fr, Si6,,)
More on back
EAGLE CITY COUNCIL MEETING
February 13, 2024
PUBLIC HEARING: Item 9A
SUBJECT: RZ-04-17 MOD3 — Development Agreement Modification for Bronco Acres
Subdivision — Mustang Crossing Eagle, LLC:
TESTIFY PRO/ CON
NAME (please print) ADDRESS YES/NO NEUTRAL
More on back
EAGLE CITY COUNCIL MEETING
February 13, 2024
PUBLIC HEARING: Item 9B
SUBJECT: CU-07-23 — Conditional Use Permit for a Restaurant (with drive-through) —
Landmark Pacific Investors, LLC:
TESTIFY PRO/CON
NAME (please print) ADDRESS ,r43ES/NO NEUTRAL
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l % u-� �ora 'r
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More on back
EAGLE CITY COUNCIL MEETING
February 13, 2024
PUBLIC HEARING: Item 9B
SUBJECT: CU-07-23 — Conditional Use Permit for a Restaurant (with drive-through) —
Landmark Pacific Investors, LLC:
TESTIFY PRO/CON
NAME (please print) ADDRESS YES/NO NEUTRAL
More on back
EAGLE CITY COUNCIL MEETING
February 13, 2024
PUBLIC HEARING: Item 9C
SUBJECT: ZOA-03-23 — Zoning Ordinance Amendment (Ordinance 907) —
Building Contractors Association of Southwest Idaho
TESTIFY PRO/CON
NAME (please print) ADDRESS YES/NO NEUTRAL
s li MA VW kiV\It tpt,, 2 I-1/ ivi Ackl/(4 -ior y/
1,4,iblin - ,Lt v- fri ?r.n.---1 ioug_Thrl ti,,..,
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ert\.
More on back
EAGLE CITY COUNCIL MEETING
February 13, 2024
PUBLIC HEARING: Item 9C
SUBJECT: ZOA-03-23 — Zoning Ordinance Amendment (Ordinance 907) —
Building Contractors Association of Southwest Idaho
TESTIFY PRO/CON
NAME (please print) ADDRESS YES/NO NEUTRAL
More on back
EAGLE CITY COUNCIL
February 13, 2024
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
LIAfi4-4,,e
f iN71
Y ,IdCvf (.py/-0,1) :DR
More on back
EAGLE CITY COUNCIL
February 13, 2024
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.
More on back
Pb%
bs,pFTI
9CLE ",
Brad Pike City of Eagle Council Members:
Mayor P.O. Box 1520 Melissa Gindlesperger
Eagle, Idaho 83616 Craig Kvamme
208-939-6813 Mary May
Helen Russell
Mark Wasdahl, Senior Planner
Idaho Transportation Department, Distric 3
8150 W Chinden Blvd,Boise, ID 83714
February 13,2024
Email with hard copy to follow
RE: State Highway 16 Reevaluation
Mr. Wasdahl,
Thank you for presenting the SH-16 Reevaluation Modifications to the Eagle City Council on February 8,2024.
The City recognizes and appreciates ITD's willingness to provide additional time for the newly elected Mayor
and Council to review and comment on this important study.
The City recognizes the importance of an efficient and free flowing highway system to the City and to the region.
With four state highways within the City of Eagle the balance of local and regional connectivity is part of the
City's 2017 Eagle is HOME Comprehensive Plan vision:
"The City of Eagle's vision for its transportation system is a system of well-connected and user-friendly
roadways and pathways that balance regional transportation needs with livability,sustainability, and the
needs of local and non-motorized users."—Chapter 1.1, page 1
It is with this vision in mind that the City provides the following comments on the SH-16 Reevaluation study:
1) The City encourages ITD to limit the use of signals and at-grade crossings along the entire corridor to
facilitate the free flow of the State Highway system, preserving and promoting the regional functionality
of the road.
2) The City recommends Modification 1 for both Floating Feather Road and Beacon Light Roads. These
modifications are consistent with the City's comprehensive plan but are also consistent with several
regional studies over the past 20-years, including ACHD's Floating Feather Re-alignment Study and
Northwest Foothills Transportation Plan. Modification 1 at Floating Feather and Beacon Light Roads
work in concert with local roadway system that has been implemented by the City through the
development of a parallel collector on the east side of SH-16 connecting SH-44 to Beacon Light Road
(Hamlin Road). Hamlin Road, through development,will provide north/south connectivity along State
Page 1 of 3
K:\Planning Dept\Transportation\SH-16\State Highway 16-CC Recomendation 2-13-24.docx
Highway 16 without necessitating local access/utilization of the highway. Modification 1 at Beacon Light
and Floating Feather Roads similarly moves people east/west across the highway without necessitating
local access to the highway or the stopping/slowing of regional trip on the State highway system.
3) The City opposes the utilization of a frontage road between Beacon Light Road and the Eagle Sports
Complex, approximately 1.2-miles north of Beacon Light Road. The City is in the process of developing
a 95-acre sport complex on the east side of State Highway 16 at Pollard Lane and Equest Lane. Having
completed a TIS in 2021 (accepted by ITD in June of 2022)the City is moving forward with the
construction of Phase 1 of the park. The TIS indicated that the relocation of Equest Lane to the south in
alignment with Pollard Lane can function as a full at-grade intersection for the first 4 fields(phase 1).
The City agrees upon the development of the 5`" field to limit access to right-in/right-out with
appropriately engineered acceleration/deceleration lanes and to develop a limited-access local road into
the park. The City is working with the Valnova development to construct a local access from the east end
of the park into the Valnova Development that will connect to the interchange at Aerie Way and State
Highway 16, Linder Road and Willow Creek Road(N. Eagle Road) as the project develops.The City is
actively developing the park with the anticipation of having a local connection completed in the next 2-3
years. The City's timing for the construction of the right-in/right-out at Pollard Lane is significantly more
accelerated than that of LTD's for the construction of the frontage road.
Further,the City has concerns about the cost and impacts of the frontage road. A mile plus long frontage
road seems out of scale with the need it is meant to serve. The proposed frontage road bisects the Terra
View Development, an approved and platted mixed-use development within the City's Village Center.
The frontage road increases local roadway costs and relocates local roads to create additional obstacles to
the development of critical commercial land uses within the City. The City through the Terra View
project has provided a platted public local stub street to remove all individual and private road access on
SH-16 between Beacon Light Road and the Farmers Union Canal. These improvements are underway as
the Terra View development has already broken ground.As a condition of approval, the stub street
facilitates the removal of individual and private access driveways from the SH-16 corridor at no cost to
ITD.
Finally,the City feels that existing constraints within the corridor—topography, the Famers Union Canal,
and the Big Gulch floodway, further limit the widening State Highway 16 to four lanes as needed for
capacity, let alone the development of two additional lanes for the proposed frontage road. ITD has stated
the desire to keep the existing alignment of the highway but at the narrowest part of the corridor there is
less than 80-ft between the existing edge of ROW and the existing toe of the slope supporting the Farmers
Union Canal.
In the City's opinion, the utilization of the Terra View local stub street and the development of right-
in/right-out access at Pollard Lane is the most cost effective, efficient, and predictable access strategy for
the park and the regional transportation network.
Page 2 of 3
K:\Planning Dept\Transportation\SI-I-I6\State Highway 16-CC Recomendation 2-13-24.docx
The City applauds ITD for taking up this study and facilitating the discussion of access and land use along this
rapidly growing corridor. We look forward to working with District 3 and State in the development of the final
recommendation. If you have any questions, please feel free to contact Nichoel Baird Spencer,the City's Director
of Long-Range Planning and Projects.
Sincerely,
Brad Pike, Mayor Helen Russell, Council President
Melissa Gindlesperger, Council Pro-Tem Craig Kvamme, Councilmember
Mary May, Councilmember
cc: Mayor Pike
City Council
Page 3 of 3
K:\Planning Dept\Transportation\SH-16\State Highway 16-CC Recomendation 2-13-24.docx
2/13/24„9:48A.',VI Sunshine:Idaho Campaign Finance CC alIgb
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2023 Dec 19 Treg Bernt donated $1,000 to Building Contractors Association of SW
Idaho PAC.
2023 Oct 6 Building Contractors Association of SW Idaho PAC spent $1,000 on
Anne Little Roberts.
2023 Oct 6 Building Contractors Association of SW Idaho PAC spent $224.85 on
bcaswi.
2023 Oct 6 Building Contractors Association of SW Idaho PAC spent $1,000 on
Brad Hoaglun.
2023 Oct 6 Building Contractors Association of SW Idaho PAC spent $4,000 on
Conservative Citizens For Thoughtful Growth.
2023 Oct 6 Building Contractors Association of SW Idaho PAC spent $1,000 on
Doug Taylor for Meridian City Council.
2023 Oct 6 Building Contractors Association of SW Idaho PAC spent $1,000 on
Josh Johnston.
2023 Oct 6 Building Contractors Association of SW Idaho PAC spent $1,000 on
Kent Rasmussen.
2023 Oct 6 Building Contractors Association of SW Idaho PAC spent $1,000 on
Luci Willits.
2023 Oct 6 Building Contractors Association of SW Idaho PAC spent $1,000 on
Mary May for Eagle.
2023 Oct 6 Building Contractors Association of SW Idaho PAC spent $1,000 on
Meredith Stead.
2023 Oct 6 Building Contractors Association of SW Idaho PAC spent $1,000 on
Mike Masterson.
2023 Oct 6 Building Contractors Association of SW Idaho PAC spent $1,000 on
Pierce for Mayor.
2023 Oct 6 Building Contractors Association of SW Idaho PAC spent $1,000 on
"limber* c main
About PAC Building Contractors Association of SW Idaho PAC
Chairman Name
David Yorgason
Mailing Address
6206 N. Discovery Way, Suite A Boise ID 83713
Campaign Status
Active
Treasurer Name
Heather Hering
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