Minutes - 2025 - City Council - 02/10/2025 - SpecialEAGLE CITY COUNCIL
MEETING MINUTES
February 10, 2025
1. CALL TO ORDER: KVAMME, RUSSELL, MAY, GINDLESPERGER
Present: Kvamme, Russell, May and Gindlesperger. A quorum is present.
ATTENDEES: CITY COUNCIL, CONSERVATION ADVISORY COMMITTEE,
DESIGN REVIEW BOARD, DEVELOPMENT IMPACT FEE ADVISORY
COMMITTEE, EAGLE ARTS ADVISORY COMMITTEE, EAGLE PUBLIC
LIBRARY BOARD, HISTORIC PRESERVATION COMMISSION, PARKS,
PATHWAYS AND RECREATION COMMISSION, AND PLANNING & ZONING
COMMISSION.
Mayor Pike invites the members attending to introduce themselves and state what Board,
Commission or Committee they serve on.
3. MUNICIPAL MEETING TRAINING:
A. City Attorney, Victor Villegas will provide municipal meeting training pertinent to
members of City Boards, Committees, Commissions and Council. The general
public is welcome to attend this informative presentation.
City Attorney, Victor Villegas provides a PowerPoint presentation on municipal meetings.
Question and answer amongst the members and the City Attorney.
4. ADJOURNMENT
Gindlesperger moves to adjourn. Seconded by May. ALL AYE .... MOTION CARRIES.
Hearing no further business, the Cq�i e NS adjourned.
pectfully submitted:
�';••p�Q�R'�T
HO L N. CSENCSITS, idCNk'f ••; o o00 p •0
CITYCLERK `tT 0000*••• P ••
,,,,� • !...01.••% ,,,,,•
APPROVED:
PIKE,
MAYOR
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT
W W W.CITYOFEAGLE.ORG.
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K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-02-10-25minsp Joint.docx
2025 Joint Session
1. Open Meetings
2. Quasi Judicial Role
3. Conflicts of Interest & Bias
4. Motions
Open Meetings (contd.)
What is a "meeting" for purposes of the Open Meetings Law?
*Quorum of the council, commission or committee.
*meet for the purpose of Deliberating or making a Decision
"Deliberation" means the receipt or exchange of information or opinion relating to a decision,
but shall not include informal or impromptu discussions of a general nature that do not
specifically relate to a matter then pending before the public agency for decision. LC § 74-202(2).
"Decision" means any determination, action, vote or final disposition upon a motion, proposal,
resolution, order, ordinance or measure on which a vote of a governing body is required, at any
meeting at which a quorum is present, but shall not include those ministerial or administrative
actions necessary to carry out a decision previously adopted in a meeting held in compliance
with this chapter. I.C. § 74-202(1)
Open Meetings
PREAMBLE
The people of the state of Idaho in creating the instruments of government that serve them, do not
yield their sovereignty to the agencies so created. Therefore, the legislature finds and declares that
it is the policy of this state that the formation of public policy is public business and shall not be
conducted in secret. § 74-201
Open Meetings —Group Emails
*A group email of the council, commission or committee can constitute a quorum and is subject
to open meeting laws if it involves deliberation or decision
*Not open meetings if no deliberation or decision but merely impromptu discussions of a general
nature
Open Meetings —Serial Meetings
Definition: series of communications (written or verbal) among decision making body
(e.g. council, commission, committee) that:
• less than a quorum
• outside the public
• leads to a developing concurrence on an action
Public Participation (contd.)
How Long Does public get to speak?
*Due Process requires that public hearing be held at a "meaningful time and in a meaningful
manner"
*Idaho Supreme Court has previously held:
- 2 minutes may not be sufficient- Cowan v. Board of Com rs of Fremont County, 143 Idaho 501 (2006)***
4 minutes is sufficient -In re Jerome Cty. Bd. of Commis, 153 Idaho 298 (2012)
Open Meetings —Public Participation
Does public get to speak? It depends!
*Public has right to attend meetings not necessarily allowed to speak on all matters
*Public hearing/testimony (State law requirements)
Examples:
Prior to granting a special use permit, at least one (1) public hearing in which interested
persons shall have an opportunity to be heard shall be held. I.C. 67-6512(b)
A governmental entity that seeks to consider adoption, amendment, or repeal of a
capital improvements plan shall hold at least one (1) public hearing. I.C. 67-8206
Quasi Judicial Role
Land Use (Rezones, Conditional Use Permits plats)
-Decision maker must confine it, d m,ioii to the record produced at the public hearing. See e.} . Idaho
Historic Preservation Council �. City Council of Cm of Boi,e. 134 Idaho 651, 8 P.3d 646 (2000)
• Staff report,
• I' /. lindines and recommendation to CC
• N ritten comments from public and a gencie,
• Public Testimom K I`xhibits taken at the public hearing
Quasi Judicial Role (contd)
Idaho Code § 67-6536
In every case in this chapter where an appeal is provided for, a transcribable verbatim
record of the proceeding shall be made and kept for a period of not less than six (6)
months after a final decision on the matter. The proceeding envisioned by this statute
for which a transcribable verbatim record must be maintained shall include all public
hearings at which testimony or evidence is received or at which an applicant or affected
person addresses the commission or eovernint=_ board reeardine a oendin2 aoolication
compilation of the record. Upon written request and within the time period provided
for retention of the record, any person may have the record transcribed at his expense.
The governing board and commission shall also provide for the keeping of minutes of
the proceedings. Minutes shall be retained indefinitely or as otherwise provided by law.
Things to Avoid --Site Visits; Research
*DO not X isit the site unless there is notice to all interested parties.
'Indcpcndentrescarch
'lt's all about Due Illocess/Faimess
Things to Avoid --Ex Porte Contact
What is it?
*Communications with the public or applicant on a pending application.
*Communication between a quasi-judicial decision maker and one side, where the other side is
not present.
Disclosure'. .1m r.ciwn, CPIIIInntllC2tiOnmost he di>closed tl the pubhc hearing- including the of
those iuNoI%cd and a 'cncral dcscliption of file cummunicalion. The purpose of the disclosure requirement is
to i fiord opposin_ purlics,rith an opportunih h, rebut the>ub.lonce ofam conununicalions-
Conflicts of Interest
:A member or entplo\ cc of a gm erniug board_ con IHII loll, of Join Coll III ssion shall not perucipulc in am
proceeding or action „lien the member or emploccc or his emploccr, business partner, business associate.
oranc person related to him hs aftinih orconsawauinih s,ithin the second decree havatt economic
interest in the procedure or action..lm acfuol of polcuual IlUlc.l in ❑m pmccedinL shall be disclosed al or
before um steeling ill ,N hich the action is being heard or consideredfor purposes of fhis section the lernl
particination' mcam engaeine in acti%hies „hick constitute deIII)CIalloll, pursumil to die open mecum-,ild
No member of a _,oNcminL, board or it pl;untiwe and zoning conunission Mill it cola ict of interest shall
participate in am aspccl of file dcci,sion-nwkin process concerning it matter Imolcros the conflict of interest.
A knoN%ing s iolation of this section shall be a misdemcanoi: I . §6--6r06
.. ..- .., .. ..i. - . ... .. ;.het .. .. `.� �...�,�a�wc 2-•_.i,� .... ., _ .. _. _.., e. ... - _
Conflicts of Interest (contd,)
Economic interest must be personal and direct, not general or derivative
*Relationship to decision maker:
You
Employer
Business Partner
Business Associate
Family: Spouse, Parents, Children Brother, Sister, Grandparent, Grandchild, Aunt, Uncle, Niece, Nephew,
First Cousin and their spouses.
Statements by a (IQ a:ion maker indicate unlit" ful bias iI'l I slmcnlents,ho.. that the decision maker I a
has made up his her nund rc"ardinc the face and NN ill not listen to theevidrnce t�ith an open mind. o1 (b)
kill not apple the c\istill g law. or (c I has alroadv made up his her mind regarding the outcome oI,tIIe
hearim,_
A decision maker i, not disqualified simply hecouse he ,he has taken a position. even in public- on a mt lice
issue related to the dispute_ in the absence of a shore in_, that the decision maker is not capable of iudfzina
a particular cunitroversv fairh on the basis of its own circumstances.
_1 decision maker must maintain an open mind and consider all the evidence presented before making the
trial deci,ion_
Conflicts of Interest (contd,)
Iftiiere is a Contlict of Interest follon I.C. §67-6>O6�
I. Disclose
*.-Anv actual or potential interest in any proceeding shall be disclosed at or before anv meeting at which the
action is being heard or considered.
2 Do Not Participate
*No member of a gm ernfng board m a planning and zoning commission kith a conflict of interest shall
participate in anv aspect fthe decision -making process concerning o matter imohing the conflict ol-iwern,t
Motions & Discussion
General Procedure tier handling a \lotion
I. AFcntbcr nonnalh must ohtain the Moor by b0112 ra,gnized by the chair
-- Alembennakes the utotion (Clearand concise no c\planauon needed a1 Ihis time)
Vlotion seconded by another utember
-J_ :Amendment