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Minutes - 2024 - City Council - 05/28/2024 - Regular EAGLE CITY COUNCIL MEETING MINUTES May 28,2024 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. RECOGNITION: A. American Eagle Award Presented to Deputy Ryan Vail: The City would like to honor the acts of bravery and self-sacrifice in the line of duty of Deputy Ryan Vail of the Eagle Police Department/Ada County Sheriffs Office and present him with the 2024 American Eagle Award. (BKP) Mayor Pike presents Deputy Vail with an award for his outstanding service with the Ada County Sheriffs Office. Chief Ruby gives a brief statement regarding the heroic actions that Deputy Vail undertook in the line of duties! The council expresses their gratitude for his service to the community. B. Recognition of the Eagle High School Achievements: 1. Baseball 5A SIC District Champions—Baseball team will attend another meeting. 2. Lady Mustangs Tennis 5A SIC District Champions 3. Lady Mustangs Rugby State and National Champions 4. Percussion Ensemble-2024 Percussion Scholastic Concert A Class World Champions Mayor Pike presents representatives from Eagle High School with certificates recognizing the Championship performance in baseball, tennis, rugby and percussion ensemble. Representatives from each accept the certificate and say a few words about their players and the season. 5. ADDITIONS,DELETIONS OR MODIFICATIONS TO THE AGENDA: None 6. REPORTS: A. Mayor and Council: Gindlesperger notes that she and the Historic Preservation Commission participated in a tour of the Jackson House.May attended the retirement ceremony for Bruce Wong, for Ada County Highway District.Ryan Head is the new director at ACHD. She notes that it is chip sealing season for Ada County Highway District.May has attended a number of meetings regarding the Regional Sports Park with stakeholders and parties interested in either partnering or donating to the facility construction. She states that after a great deal of hard work by the City and Eagle Rodeo personnel, an agreement has been reached for the rodeos' use of city owned property. She encourages people to attend and support the event. Kvamme states that the new rate increases for the Eagle Sewer District will go into effect on June l'. Pike attended the jail tour along with Council member May, and states it was a very enlightening tour. He attended the Eagle Field of Honor event this last weekend honoring those who have served and are serving in the United States military. Mayor Pike also reports on a mayoral panel for mortgage lenders associations that he participated in. B. Department Supervisor: 1. City Treasurer,Financial Reports for April 2024. (KR) C. Eagle Police Department: Chief Ruby discusses the jail tour. Chief Ruby reads a letter of commendation issued by Sheriff Clifford and Chief Ruby into the record for three Eagle Sheriff s Page 1 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-28-24min.docx Office staff members that intervened during a medical emergency of a fellow employee. Chief Public Works Director and the City's support of the funeral procession for the fallen officer. D. City Attorney:No report. 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 April 23,2024(TEO) C. Minutes of May 14,2023 .(TEO) D. Amvotrophic Lateral Sclerosis Awareness Month Proclamation: A proclamation for the City of Eagle declaring May 2024 as Amyotrophic Lateral Sclerosis (ALS) Awareness Month in the City of Eagle,Idaho. (BKP) E. Public Art Program "Art That's Small at City Hall": The Eagle Arts Advisory Committee is seeking Council approval to proceed with a call for artists for"Art That's Small at City Hall"and to authorize funding for prize money and a reception in an amount not to exceed$1300.00. (BLA) F. Arts Advisory Committee Community Grant Approval: The Eagle Arts Advisory Committee is seeking Council approval to publish and fund a community grant for the 2024-2025 fiscal year.The grant would fund projects or education that enhance the artistic atmosphere and/or musical environment in the Eagle community in an amount not to exceed$15,000.00. (BLA) G. Senior Center Beautification Project: The Eagle Arts Advisory Committee is seeking Council approval to fund art purchases, decorative acoustic solutions, and beautification projects for the Eagle Senior Center in an amount not to exceed$10,000.00. (BLA) H. License Agreement for Temporary Use Between the City of Eagle and Pascoe Family Trust: A License Agreement for Temporary Use between the City of Eagle and Pascoe Family Trust with respect to the space located at 700 E. State Street,Eagle,ID. 83616 for Eagle Fun Days. (JDH) I. DR-2022-80-MOD1-Modification to the Common Area Fencing within PUMP No. 1,Lot 19 (Valnova Subdivision No. 1) - GWC Capital: GWC Capital, represented by Eric Langvardt with Langvardt Design Group, is requesting design review approval to modify the common area fencing within Valnova Pump No. 1,Lot 19.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).(ERF) J. FP-2022-11-EXT1—Final Plat Extension of Time for Kingfisher Cove Townhomes Final Plat—Don Newell:Don Newell,represented by Macy Lui with The Land Group,Inc.,is requesting a one(1)year extension of time for the final plat for Kingfisher Cove Townhomes Subdivision, a 71-lot (63-buildable and 8-common) residential subdivision. The 7.38-acre site is located on the northeast corner of West State Street and State Highway 44. (HSD) K. Findings of Fact and Conclusions of Law for the Approval of A-03-18/RZ-05-18 & PP- 04-18 — Annexation, Rezone and Preliminary Plat for Headquarters Subdivision— Madera Development,Inc.:Madera Development,Inc.,represented by Jon Breckon and Gregg Davis with Breckon Land Design, is requesting an annexation, rezone from RUT (Rural-Urban Transition— Ada County designation) to R-3-DA (Residential with a development agreement [in lieu of a PUD]), and preliminary plat approvals for Headquarters Subdivision, a 23-lot (20-buildable, 3- common) residential subdivision. The 10-acre site is located on the south side of West Floating Feather Road at the southwest corner of West Floating Feather Road and North Lanewood Road at 5655 West Floating Feather Road. (MJW) Page 2 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-28-24min.docx L. PP-2021-09-EXT1 —Preliminary Plat Extension of Time for Kody Corner Subdivision— Rowe Sanderson with MJV Properties, LLC: MJV Properties, LLC — Rowe Sanderson, represented by Ben Semple with Rodney Evans+Partners,PLLC,is requesting a 1-year extension of time for the preliminary plat for Kody Corner Subdivision, a 21-lot(19-buildable, 2-common) residential subdivision. The 3.5-acre site is located on the west side of North Parkinson Street at 525 North Parkinson Street and 543 North Parkinson Street. (HSD) M. Independent Contractor Agreement Between the City of Eagle and Levi Hewett: An Independent Contractor Agreement between the City of Eagle and Levi Hewett for instructor services. Compensation shall be at a rate of 70%of the total revenue generated. (LKB) N. Independent Contractor Agreement Between the City of Eagle and Valerie Schwers: An Independent Contractor Agreement between the City of Eagle and Valerie Schwers for Instructor Services. Compensation shall be at a rate of 70%of the total revenue generated.(LKB) O. Construction and Cost Sharing Agreement Eagle Regional Sports Complex: Cost Share and Construction Agreement between the City of Eagle and Valnova,LLC for the construction and paving of the secondary access to the park site and the design and permitting of the access point on State Highway 16 at Pollard Lane.The City's share of the design and cost is not to exceed$140,000. (NBS) P. License Agreement for Construction Of Access in Eagle Regional Sports Complex: License Agreement between the City of Eagle and Valnova, LLC. to construct the roadway improvements within the park and as detailed in the Construction and Cost Sharing Agreement for the Eagle Regional Sports Complex for a term not to exceed 3 years from the effective date.(NBS) Q. Scope of Work Between the City of Eagle and AVI Systems: Scope of Work Between the City of Eagle and AVI Systems to install audio visual equipment upgrades in Council Chambers and the Community Hall.An amount not to exceed$66,926.63. (DKG) R. Idaho Power Facilities Attachment Agreement: An Agreement between the City of Eagle and Idaho Power that identifies the protocol should the City wish to co-locate City communications facilities on Idaho Power poles and related facilities.(TEO/VV) S. Professional Service Agreement Between the City of Eagle and Elle Phillips Design Inc.: A Professional Service Agreement between the City of Eagle and Elle Phillips Design Inc. to provide graphic design services. Compensation shall be paid for actual services rendered at a rate not to exceed$1,100.00. (JDH) T. Parking Agreement Between the City of Eagle and First Baptist Church of Eagle, dba Creekside Bible Church: A Parking Agreement between the City of Eagle and First Baptist Church of Eagle,dba Creekside Bible Church to utilize a portion of the property for vehicle parking for Saturday Farmer's Market and other Special Events. (JDH) Mayor Pike introduces the item. Osborn notes that the exhibits for items M, N, 0 have exhibits that have been switched and they will be corrected prior to execution. Also, Exhibit S has an incorrect year on the exhibit that will be corrected prior to signatures being obtained. Russell moves to approve consent agenda items A-T,with the corrections noted.Seconded by Gindlesperger. GINDLESPERGER AYE, MAY AYE, RUSSELL AYE, KVAMME AYE. ALL AYE...MOTION CARRIES. As it is prior to 6:00 p.m.Mayor Pike calls a brief recess. 8. UNFINISHED BUSINESS: NONE 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 Page 3 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-28-24min.docx 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. A-06-23/RZ-10-23/RZ-13-18 MOD/PP-07-23 — Annexation, Rezone, Development Agreement Modification,and Preliminary Plat Approvals for Terra View South Subdivision —Becky Yzaguirre:Becky Yzaguirre is requesting 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]),R-6-DA(Residential with a development agreement [in lieu of a PUD]),and R-2- DA(Residential with a development agreement [in lieu of a PUD])for approximately 80.87-acres, a rezone from R-2-DA(Residential with a development agreement [in lieu of a PUD])to MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) for approximately 3.33-acres, a development agreement modification, and preliminary plat approvals for Terra View South Subdivision, a 361-lot (230-single family residential, 71-single family attached, 25-commercial, 35-common)mixed use subdivision. The approximately 170.4-acre site is located at the northeast corner of West Floating Feather Road and State Highway 16 between West Floating Feather Road and West Beacon Light Road. (MJW) Mayor Pike introduces the item and opens the public hearing. David Sterling, with Adurra, 2471 South Titanium, Meridian, Idaho reviews the application and the staff recommendations they are seeking to modify. Discussion for clarification between Council and Mr. Sterling. Deputy Planning and Zoning Administrator,Mike Williams reviews the staff report and items for special consideration. Mayor Pike opens public testimony. Manuela Waters, 1327 N. Konia Avenue, Eagle, Idaho. Ms. Walters is concerned with the road Hamlin that will run through both this development and Legacy. There may be a lot of traffic and to have a home fronting Hamlin may be excessive. Discussion regarding the ponds and the maintenance challenges with them. Mayor closes the public testimony. David Sterling rebuts testimony. The drive thru locations are still tentative, but he believes they would be close to the entrances. Discusses access to Hamlin for the residence. They are seeking a waiver of the Conservation Education Program(CEP)condition as they are opening up Little Creek and plan on landscaping the area as well. Mayor closes the public hearing. Russell is in agreement with the Planning and Zoning recommendations,however, does not agree with the reduction in the number of drive thrus. She believes the waiver of the CEP is appropriate. May does believe that a berm should be installed along Hamlin and would not be in favor of the waiver of the CEP condition. Kvamme states that he is in favor of reducing drive thrus to only one. A buffer between residential and commercial is needed along Hamlin,trees and distance alone will not be sufficient to mitigate noise and light pollution from the proposed development. He is not in favor of waiving the CEP program and believes it should remain a requirement. Additional lots for outdoor recreational Page 4 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-28-24min.docx purposes for this number of lots would be more appropriate. Kvame expresses concern with allowing hunting and the impact to safety. Gindlesperger agrees that there does not seem to be an adequate number of amenities for the size of the development, as well as the safety concerns with the requested allowance of hunting on an active development. Gindlesperger concurs that one drive thru would be agreeable. Discussion regarding the Chevron access and Hamlin. Deputy Director Williams provides options for Council to consider based on their discussion tonight. Applicant shall provide a revised preliminary showing lots 15 and 16 located adjacent to Hamlin removed prior to the submittal of a preliminary plat or applicant shall provide a revised preliminary plat showing the R6 area located adjacent to Hamlin with the required minimum 35' wide buffer pursuant to Eagle City Code 8-2A-J(4)(a). The revised preliminary plat shall be provided prior to the submittal of a Design Review application. Discussion regarding the recommendation of the removal of 2-3 lots in the southern area to accommodate active recreation amenities. General discussion. Mayor Pike reopens the public hearing on all items. Russell moves to request staff to direct the applicant with all of the items as stated. Seconded by Gindlesperger. Discussion. Russell amends to bring back the amended preliminary plat to the June 25th meeting,Second concurs. GINDLESPERGER AYE;MAY AYE;RUSSELL AYE; KVAMME AYE.ALL AYE...MOTION CARRIES. B. A Public Hearing to Consider a New Capitalization Fee for the City of Eagle Water Department.(HECO and KR) Mayor Pike introduces the item and opens the public hearing. City Treasurer, Kellie Rekow provides an overview of the capitalization fee and the proposed implementation of the same. The Capitalization fee study was adopted by the Council in February. Treasurer Rekow notes that an additional recital was added to further clarify that this fee does not apply to neither Valnova nor Avimor. Additionally, language pertaining to reimbursements has also been added. Mayor Pike opens public testimony. Adam Capelle,3103 W.Cheryl Drive,Meridian,Idaho. Mr.Capelle is concerned with the method used to calculate the fees. He feels the calculation relies on future growth to subsidize.He suggests a working group be coordinated to better review the process. Brad Phanmueller, 5963 Avimor Drive, Eagle, Idaho. He appreciates the language being added clarifying that the fees did not apply to Avimor. He had challenges accessing information from the City's website,just after 5:00 p.m.today. He would like this item continued so he can review the information. He suggests the reimbursement authority be granted to Council rather than the Water Superintendent. Dave Yorgason, 13965 W.Chinden Blvd.,Boise,Idaho. He appreciates the efforts of the Treasurer to provide clarification in the matter. Mr. Yorgason contacted the attorney that took a similar case to the Supreme Court and the attorney stated that he had never seen water rights being included in the calculation. He believes further clarification is needed and perhaps continuing the item a few more weeks would be appropriate. Mr. Yorgason has three or four developments that will be impacted by the adoption of this fee schedule. Page 5 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-28-24min.docx City Treasurer, Rekow states that this is an equity buy-in schedule not subsidy fee. Rekow states that the link on the website had been verified. The City had not been contacted regarding access challenges. Mr. Phanmuller's testimony tonight is the first that had been heard. If Council choses to add clarifying language regarding who grants waivers, it can certainly be added. General discussion. Mayor closes the public testimony. Discussion. May states that as three individuals have expressed concern, continuing it would be appropriate. Russell would like to clarify the language that is the Council who awards waivers,as well as a list of what subdivisions are impacted and perhaps a proposed end date. Kvamme while he would like to get this approved,he would be in favor with obtaining the clarification sought. A meeting with staff and the individuals expressing concern to further explain the methodology may be warranted. Gindlesperger moves to continue item 7B New Capitalization Fee for the City of Eagle Water Department to the June 11th meeting with the items stated to staff. Seconded by May. GINDLESPERGER AYE; MAY AYE; RUSSELL AYE; KVAMME AYE. ALL AYE...MOTION CARRIES. B.1. Resolution No. 24-03,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)Establishing Water Capitalization Fees,Resolution 24-03 See above motion. C. A Public Hearing to Consider New and/or Increased Fees for the Administration Department. Mayor Pike introduces the item and opens the public hearing. City Clerk, Tracy Osborn provides a brief overview of the proposed changes to existing fees and the addition of new fees. Mayor Pike opens public testimony. No one chooses to speak. Mayor Pike closes the public testimony. Gindlesperger moves to approve action item 9C Resolution 24-04. Seconded by May GINDLESPERGER AYE; MAY AYE; RUSSELL AYE; KVAMME AYE. ALL AYE...MOTION CARRIES. C.1. Resolution No.24-04 Amending the Fee Schedule for the Administration Department: A resolution amending the fee schedule for the Administration Department in Accordance with Eagle City Code Section 1-7-4 to update and establish new fees charged for services and providing an effective date. (KR) Page 6 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-28-24min.docx Mayor Pike introduces the item. Gindlesperger moves to Resolution 24-04 Amending the Fee Schedule for the Administration Department in Accordance with Eagle City Code Section 1-7-4 to update and establish new fees charged for services and providing an effective date. Seconded by May GINDLESPERGER AYE; MAY AYE; RUSSELL AYE; KVAMME AYE. ALL AYE...MOTION CARRIES. 10. NEW BUSINESS: A. ACTION ITEM: Appointment to Urban Renewal Board Seats and Terms: With the approval and publication of Ordinance 921, there is a need to identify Urban Renewal Agency Board seats and terms for existing Board members.Mayor Pike is seeking Council confirmation of his recommendation of seat and term designations for existing Urban Renewal Agency Board Members. *Note: Seat 4 ( a two year term) and Seat 5 (a three year term) currently have Board Members with expired terms. Those seats will be addressed at a later date, however the until the appointment is made and approved by the City Council, they may remain a Board member as a holdover,pursuant to Idaho Code. (BKP) Mayor Pike introduces the item and provides an overview of his recommendations for Urban Renewal Seat 1, Council Member Kvamme a one-year term. Seat 2 Jerry Brakebill(2-year term), Seat 3 Mark Butler(2-year term), Seat 6 Ian Burnett(3-year term), Seat 7 Franci Agrusa(3-year term). Seats 4 and 5 currently have appointees whose terms have expired. Dale McOmber, Seat 4 (2-year term) and Teri Ledoux Seat 5 (3-year term) seats will remain filled as holdovers pursuant to the appointment process in Idaho Code. Recommendations for seat 4 and seat 5 will be presented to Council later. Russell agrees with the seat appointments. Russell moves to approve Appointment to Urban Renewal Board Seats and Terms as presented. Seconded by May. GINDLESPERGER AYE; MAY AYE; RUSSELL AYE; KVAMME AYE.ALL AYE...MOTION CARRIES. B. ACTION ITEM: Proposed Policy for Urban Renewal Agency Appointments: Council President Helen Russell is seeking Council action on a proposed policy regarding the appointment process for Urban Renewal Agency Board members(HR) Mayor Pike introduces the item. Council President Helen Russell reviews the Urban Renewal Agency appointment resolution that she is proposing and reasons for the same. She reads the 2' Whereas into the record. Discussion amongst the Council. Gindlesperger moves to approve as presented. Seconded by May. GINDLESPERGER AYE; MAY AYE; RUSSELL AYE; KVAMME AYE.ALL AYE...MOTION CARRIES. C. ACTION ITEM: Consideration of Acceptance of Land Donation-2754 East State Street.: The City has been offered the donation of property consisting of approximately .855 acres of land (parcel SO515131560). Staff is seeking Council direction as to proceed with the acceptance process or to decline the offer.The property is generally located at the northwest corner of Highway 55 and Highway 44. (TEO). Mayor Pike introduces the item. Page 7 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-28-24min.dock City Clerk, Tracy Osborn reviews the proposal of donation. General discussion regarding the pros and cons of the acceptance of the property. Gindlesperger moves to decline the offer. Seconded by Russell. Discussion. GINDLESPERGER AYE;MAY AYE;RUSSELL AYE;KVAMME NAY.THRE AYE AND ONE NAY...MOTION CARRIES. D. ACTION ITEMS Ordinance 927-Annexation and Rezone Ordinance-Alscott Equestrian Facility: 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 A-R-DA (Agricultural-Residential 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. The 20-acre site is located on the corner of North Eagle Road and East Beacon Light Road at 3000 North Eagle Road. (HSD) Mayor Pike introduces the item. 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 #927 be considered after being read once by title only. Seconded by Russell. GINDLESPERGER AYE; MAY AYE; RUSSELL AYE; KVAMME AYE. ALL AYE...MOTION CARRIES. Gindlesperger moves that Ordinance #927 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 A-R-DA (Agricultural-Residential 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 Russell. GINDLESPERGER AYE; MAY AYE; RUSSELL AYE; KVAMME AYE.ALL AYE...MOTION CARRIES. E. ACTION ITEMS Ordinance 926-Annexation and Rezone Ordinance-Alscott Rocking A Ranch Subdivision: 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 A-R-DA-P(Agricultural-Residential with a development agreement - PUD); 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. The 171.9-acre site is located on the east side of North Eagle Road, approximately 1,300 feet north of East Beacon Light Road.(HSD) Mayor Pike introduces the item. 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 #926 be considered after being read once by title only. Seconded by Russell. ALL AYE: MOTION CARRIES. Page 8 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-28-24min.docx Gindlesperger moves that Ordinance #926 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 A-R-DA-P (Agricultural-Residential with a development agreement - PUD); 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 Russell. GINDLESPERGER AYE; MAY AYE;RUSSELL AYE; KVAMME AYE.ALL AYE...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 allotted time. Out of courtesy for all who wish to speak, the City Council requests each speaker limit their comments to three(3)minutes. Jennifer Currier 331 N.Vandries Way,Eagle,Idaho. Ms.Currier is concerned with the sighting of buses containing illegals in neighboring cities. She questions if Eagle has a plan to house,food and educate the illegal population influx. Robert Hendricks, 2190 West Burns Street, Eagle, Idaho. Mr. Hendricks plays audio taken from his backyard of motorcycle noise. He did not move to Eagle to live next to a dirt bike track. He presents a petition signed by eleven of his neighbors asking the Council to take code enforcement action on the dirt bike track. Christie Weston, 6126 W. Piaffe Court, Eagle, Idaho. Ms. Westong presents a draft resolution regarding and requests Mayor and Council adopt the same regarding illegal immigration. Manuella Walters, 1327 N. Laconia Avenue, Eagle, Idaho. Ms. Walters agrees with the proposed resolution. Ms.Walters addresses the Eagle Field of Honor display that is held annually. 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. No action Page 9 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-28-24min.docx 13. ADJOURNMENT: Kvamme moves to adjourn. Seconded by May. ALL AYE...MOTION CARRIES. Hearing no further business,the Council meeting was adjourned. Respe fully submitte : TRACY E. O : ,RN,CMC +:'�,�owe o R - % CITY CLERK . • APPROVED: * SEAL BRAD PIKE, MAYOR AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT W W W.CITYOFEAGLE.ORG. Page 10 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-05-28-24min.docx EAGLE CITY COUNCIL May 28, 2024 PUBLIC COMMENT SIGN-UP Time is allotted on the agenda at the end of the council meeting. Time is limited to three (3) minutes per individual. PLEASE PRINT LEGIBLY TESTIFY PRO/CON or NAME ADDRESS YES/NO NEUTRAL -JEN)NtL E2 C RIR:_LR 3:5 i( VAc-t \/i/a�� 21DL2i3e.n $7 Jict, /V2 Ci4/I3 Ue4i Ikc 4 W (13►a 6 L , 1/Y-- A/17,- More on back Dirt Bike Use Nuisance Code Enforcement Request to the Eagle City Council The recreational operation of gas-powered dirt bikes on a single 1-acre residential property in our local neighborhood within Eagle City limits has continued for more than 2 years. This activity unreasonably offends our senses(jarring noise,dust,exhaust fumes) and effectively obstructs the comfortable enjoyment and use of our collective neighborhood properties(>51d acres combined), therefore meeting the definition of a GENERAL NUISANCE under Eagle City Code 4-1-1(subsection I). The below signed residents of the City of Eagle, including the ,® Scotch, 4— Tahoe Ridge,atgaWirgietittiratikfttrsubdivisions request that the City Council either A) instruct Eagle City code enforcement officers to respond to our local neighborhood complaints regarding recreational gas-powered dirt bike use as a General Nuisance violation of Eagle City Code 4-1-4; or B) add a specific prohibition of recreational gas-powered dirt bike use on properties in Eagle under 20 acres to the Eagle City Code(i.e.,similar to Section 5-2-3 limiting firearm use within Eagle city limits). Si nature/Date Name(printed) Address 1) �— • /SO 3 A �' / r 'oC,/S Z 2) /11 /2.3 Li 6 A 11 ef)dly-45- .21 9 CA) c)1(1 3) / ?bets; �Lc 2bg4 ei4, sr, 4) 443,!fit ye/i 4se/,,/7 ,ia 1 .`Tai -7 r(54 5) /164 /14 `Wa' `Ti `Z./ i110/ K-f 6) ag%ru s),-„, ai19 /43 E1 a/ ..59 m„7o i7s 2 r,3 W.ra_ho e 7, /y/2(2b 6 2).3G fit-fkuv, &Aef ( + - , ki 8) fig6/Z3 KEY /A ,u 9)... / gyp. 23 10 L_ // / 3 6; ` g9iP,771,( 4ettt cd//. 1 11 O B v � Z 8 9 57 lam L7�rw 5 . 12) Petition to limit recreational dirt bike use within Eagle City limits 1 5/? / 9 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF EAGLE EXPRESSING CONCERN OVER RECENT ILLEGAL IMMIGRATION INTO THE UNITED STATES AS WELL AS THE ENTRY OF IMMIGRANTS UNDER CURRENT FEDERAL ENTRY POLICIES THAT DO NOT EFFECTIVELY ENFORCE EXISTING IMMIGRATION LAW AND DECLARING CITY FISCAL POLICY REGARDING USE OF TAXPAYER RESOURCES CONCERNING THE SAME. WHEREAS, the City Council of the City of Eagle, is committed to upholding the laws of the State of Idaho and the United States Constitution; and WHEREAS,the City Council of the City of Eagle is dedicated to maintaining the safety, well-being, and resources of its residents; and WHEREAS, the City Council of the City of Eagle supports legal immigration into the United States; and WHEREAS, the City Council of the City of Eagle respects the history of the United States as a beacon of freedom and opportunity in the world; and WHEREAS, the City Council of the City of Eagle recognizes the federal government's responsibility to protect national borders and to identify and qualify those seeking entry; and WHEREAS,the City Council of the City of Eagle finds that current federal border policies do not effectively enforce existing immigration law and permit those who do not pay income and other taxes and choose not to follow the laws of lawful entry, to create unreasonable burdens on the communities in which they may arrive; and WHEREAS,the City Council of the City of Eagle finds that those who enter the country illegally, as well as under current federal border entry policies, create the most unreasonable burdens on those who have entered legally and on citizens, often competing for the same jobs and opportunities but being employed in violation of law and paid less due to immigrant inability to be properly processed for lawful employment; and WHEREAS,the City Council of the City of Eagle finds that those who pay income and other taxes and follow the laws of the land have been unfairly exploited and burdened by those who do not pay those taxes and choose not to follow the laws of the land and due to federal policies that do not effectively enforce existing immigration law; and WHEREAS, the City Council of the City of Eagle expresses serious concern that immigrants entering the country illegally, and those entering under policies in which the law is not effectively enforced, may be transported to or arrive at the City; and WHEREAS, the City Council of the City of Eagle affirms the importance of securing the border and enforcing immigration laws to protect the community. NOW,THEREFORE BE IT RESOLVED that the City Council of the City of Eagle hereby: 1. Expresses serious concern about the entry of illegal immigrants, as well as those entering under current federal border entry policies that do not effectively enforce existing immigration law, into the United States and their transport to or arrival at Cities across the country, and which may include City of Eagle, whose presence may compromise the safety, well-being, and resources of City residents. 2. Calls upon the President of the United States to take immediate and effective action to secure the border and enforce immigration laws to address the concerns of this community. 3. Supports and upholds the rights of those legally in this community and currently paying income and other taxes that support the services provided to the community. 4. Declares that the City Council will not authorize the use of taxpayer resources to provide the maintenance of any immigrant who enters the country illegally or under current federal border entry policies that do not effectively enforce immigration law, and who subsequently is transported to or arrives at City limits. PASSED AND ADOPTED by the Mayor and City Council of the City of Eagle this day of May, 2024. EAGLE CITY COUNCIL MEETING May 28, 2024 PUBLIC HEARING: Item 9B SUBJECT: A Public Hearing to Consider a New Capitalization Fee for the City of Eagle Water Department. PLEASE PRINT LEGIBLY TESTIFY PRO/ CON NAME (please print) ADDRESS YES/NO NEUTRAL (Ac ELL -sic); (A) _ �i+aiE1Z L- `�t S (0 iA) ,na ` T�►a�.�..�c�\ t�J / ZV A J*n..cS✓ r.% c Ye'S W I--‘ soak' T9_149, II 5. Ell ti;,;-i-litirifiTvitringinftitout 4 r..iii tri a ''' 1,.., [ 11 ,Immogirirm.1rT 4y 4 40.0........44,1ti,,..,,,,,,,,r.iiii,;:i iv.....7 _lc ;. .:.,-i.,i. =-Nr %1 liffi*k• rigv U elifr' WY !j �! 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