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Minutes - 2025 - City Council - 09/09/2025 - RegularEAGLE CITY COUNCIL MEETING MINUTES September 9, 2025 1 PLEDGE OF ALLEGIANCE: Mayor Pike leads the Pledge of Allegiance. 2. CALL TO ORDER: Mayor Pike calls the meeting to order at 5:30 p.m. 3. ROLL CALL: Present: GINDLESPERGER, MAY, RUSSELL, KVAMME. A quorum is present. 4. ADDITIONS, DELETIONS OR MODIFICATIONS TO THE AGENDA: None 5. RECOGNITION: A. Recognition of Candice Hopkins for her five years of service on the Eagle Public Library Board. Mayor Pike presents Ms. Hopkins with a plaque in appreciation of her service on the Library Board. .6. REPORTS: A. Mayor and Council: Gindlesperger thanks Ms. Hopkins for her service. Eagle Public Library Board met with the Friends of the Eagle Public Library. At this time the Friends are not inclined to donate any funds to the Library to help fund the library facility study and will hold off for a project they felt more comfortable providing financial assistance towards. May attended the ACCEM meeting and reports on recent grants awarded and upcoming emergency management training activities. The Treasure Valley Coalition of Councils met to exchange ideas. May and Kvamme hosted the event this quarter. May met with ACHD and the downtown businesses, it was a very informative and positive meeting as the end of construction is nearing. May attended the state BMX Championship at the Ada/Eagle Sports Complex on Saturday. Kvamme reports on the Eagle Sewer District meeting wherein several properties were annexed into the Eagle Sewer District boundary. Mayor Pike met with several citizens to discuss the Eagle Planning process and how Eagle has managed density and growth. Mayor Pike also attended the BMX Championship over the weekend. It was a great, family friendly event. B. Department Supervisor: Director of Long -Range Planning and Projects, Nichoel Baird Spencer provides the advisory survey from the Future Shooting Sports Park open house. The report is available for review on the City's website for public review. C. Eagle Police Department: Chief Ruby urges the public to be mindful that school is back in session and to use extra caution. Chief reports on recent law enforcement activities in the City. 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. Page 1 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-09-09-25nnin.docx A. Claims Against the City. B. Constitution Week Proclamation: A proclamation for the City of Eagle declaring September 17-23 as Constitution Week in the City of Eagle, Idaho. (BKP) C. National Opioid Settlement - Secondary Manufacturers Participation Agreement: The City has the opportunity to join the state of Idaho in opting in on the Secondary Manufacturers Settlement agreement with eight (8) opioid manufacturers: Alvogen, Amneal, Apotex, Hikma, Invidior, Mylan, Sun and Zydus for nationwide opioid settlement. Staff is requesting authorization for the Mayor to sign a Subdivision Participation Form for the Secondary Manufacturers Participation Agreement for the aforementioned entities. Funds will continue to be reallocated to Central District Health per previous Council action. (TEO & LWL) D. Independent Contractor Agreement Between the City of Eagle and Ed Bellante: Independent Contractor Agreement between the City of Eagle and Ed Bellante to provide Santa services for Eagle Country Christmas on December 6, 2025, in amount not to exceed $450.00. (SLC) E. Donation Agreement Between Clyde Development and the City of Eagle: Clyde Development wishes to donate monies to the City of Eagle with the preference of funds to be utilized at the library facility, however recognizes that the City has final authority to distribute funds where they may best serve the citizens of Eagle. The donation amount will be a total of $10,000.00. (HNC & TEO) F. Eagle Regional Sports Complex: First Amendment to the Construction and Cost Share Agreement between the City of Eagle and Valnova, LLC for the funding and constriction of transportation improvement on SH-16 and within the City Park. With the city's proportionate share not to exceed $1,704,104.12. (NBS) G. Animal Welfare and Enforcement Agreement Between the City of Eagle and The Idaho Humane Society for Fiscal Year 2025-2026: Council approval and authorization of the Mayor to execute an agreement between the City of Eagle and The Idaho Humane Society to provide animal control services for fiscal year 2025-2026 in an amount not to exceed $188,280.00. (TEO) H. Joint Powers Agreement Between the City of Eagle and Ada County Sheriffs Office A( CSO): A Joint Powers Agreement between the City of Eagle and ACSO for Law Enforcement Services for Fiscal Year 2025-2026. Council approval and authorization for the Mayor to execute an agreement between the City of Eagle and the Ada County Sheriffs Office in an amount not to exceed $5,971,319.00 for fiscal year 2025-2026 for law enforcement services. (BKP) 1. Amended Emergency Management Joint Powers Agreement Between the City of Eagle and Ada County Emergency Management: Amended Emergency Management Joint Powers Agreement between the City of Eagle and Ada County Emergency Management to provide disaster preparedness and coordination responses for the City of Eagle and surrounding municipalities. The membership contributions shall not exceed $16,707.00 annually. (BKP) J. Water Easement Agreements Between Terra View, LLC and the City of Eagle : Request for approval of two Water Easement Agreements (one temporary and one permanent) between Terra View, LLC and the City of Eagle for offsite City of Eagle water system improvements located within property located within Terra View Subdivision No. 3 on the north side of West Beacon Light Road between North Hartley Road and State Highway 16. (ASG) K. Resolution 25-11 - Declaring Personal Property Surplus - 94 West Aikens Road: A Resolution of The City of Eagle, Idaho Declaring Personal Property Surplus; Declaring A Minimum Sales Price; Authorizing The Disposal Of Surplus Property; Authorizing The City Clerk To Publish Notice And Providing An Effective Date. (TEO) L. Resolution 25-12 - Declaring Personal Property Surplus - 8660 West Eguest Lane: A Resolution Of The City Of Eagle, Idaho Declaring Personal Property Surplus; Declaring A Minimum Sales Price; Authorizing The Disposal Of Surplus Property; Authorizing The City Clerk To Publish Notice And Providing An Effective Date. (TEO) M. Property Boundary Adiustment and Pathway Acquisition Agreement Between Colyn R. Levandoske and Piper S. Levandoske, husband and wife ("Levandoske"), James W. Broich and Debra M. Broich, husband and wife ("Broich"), and the City of Eagle ("City"): Property Boundary Adjustment and Pathway Acquisition Agreement to reconfigure the boundaries of Lots 12, 13, 14, Block 1, Bogus Ridge Subdivision, to better reflect the on -site conditions, including the Page 2 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-09-09-25min.docx location of Dry Creek, and for City acquisition of a portion of Lot 11, Block 1, for a future public pathway connecting Lots 9 and 13, Block 1. The site is located approximately 750-feet south of Beacon Light Road and approximately 350-feet west of the western terminus of E. Deer Point Court. (WEV) N. Development Agreement for RZ-2008-12 MOD5 - Restored Community Church: Council authorization for Mayor to execute the modifications to the development agreement associated with the Restored Community Church. The 5.52-acre site is located approximately 1,055 feet east of the intersection of North Park Lane and West Floating Feather Road at 3633 West Floating Feather Road. (KRD) O. DR-2025-47 - Change of Use of a Residential Dwelling to a Tasting Room, Including a Production Facility for Bruneel Winery - Steven Bruneel: Steven Bruneel, represented by Dominic Pera with JGT Architecture, is requesting design review approval to change the use of an existing 6,900-square foot residential dwelling to a winery, including a tasting room, and an addition of a 19,090-square foot production facility for the winery operations. The 30-acre site is located on the northeast corner of West Homer Road and North Gooder John Lane at 4952 North Gooder John Lane (Lots 4, 5, and 6, Block 1, Bruneel Subdivision). (AGM) P. DR-2025-48 - Multi -Tenant Office (Business and Professional) Building Within Ashburn Commercial Subdivision - South Eagle Holdings: South Eagle Holdings, represented by Walt Lindgren with Lindgren Labrie Architecture, is requesting design review approval for a 5,094- square foot multi -tenant office (business and professional) building. The 0.52-acre site is located on the south side of West Bavaria Street approximately 968-feet west of North Meridian Road at 3501 West Bavaria Street (Lot 6, Block 1, Ashbury Commercial Subdivision). (ERF) Q. DR-2025-49 - Master Sign Plan for a Multi -Tenant Office (Business and Professional) Building in Ashburn Commercial Subdivision - South Eagle Holdings: South Eagle Holdings, represented by Walt Lindgren with Lindgren Labrie Architecture, is requesting design review approval for a master sign plan for a multi -tenant office (business and professional) building in Ashbury Commercial Subdivision. The 0.52-acre site is located on the south side of West Bavaria Street approximately 968-feet west of North Meridian Road at 3501 West Bavaria Street (Lot 6, Block 1, Ashbury Commercial Subdivision). (ERF) R. DR-2025-50 - Common Area Landscaping and Amenities Within Wildernest River Subdivision - Teal Point Custom Homes, LLC: Teal Point Custom Homes, LLC, represented by Stephanie Hopkins with KM Engineering, LLP, is requesting design review approval of the common area landscaping and amenities within Wildernest River Subdivision. The 88-acre site is located at the southern terminus of South Isla Del Rio Way, South Lago Way, and South Riparian Way at 850 and 856 East Williamson Lane. (BAW) S. DR-2003-08-MOD2 - Building Addition to an Existing Office (Business and Professional) Building - The Pacific Companies: The Pacific Companies, represented by Lindsey Burks with Pacific West Builders, is requesting design review approval to modify an 8,058-square foot office (business and professional) building by adding 950-square feet. The 0.75-acre site is located on the north side of East State Street approximately 230-feet west of North Stierman Way at 410 and 420 East State Street (Units 6 and 7 of Moffat Park Condominium an amendment to Lot 3, Block 1, House Subdivision). (BAW) T. Findings of Fact and Conclusions of Law for the Approval of FPUD-2025-05/FP-2025-13 - Final Planned Unit Development and Final Plat for Torrente Secco Subdivision No. 3 - Toll Southwest, LLC: Toll Southwest, LLC, represented by Becky McKay with Engineering Solutions, LLP, is requesting final development plan and final plat approval for Torrente Secco Subdivision No. 3, a 36-lot (27-buildable, 9-common) residential planned unit development. The 19.83-acre site is located at the northeast corner of North Palmer Lane and West Floating Feather Road at 6868 West Floating Feather Road. (ASG) Mayor Pike introduces the consent agenda. Mayor request item B. Russell F and T be pulled from the Consent Agenda. Page 3 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-09-09-25min.docx Mayor Pike requests a motion to approve Consent Agenda items A through T, excluding B, F and T. So move by Gindlesperger. Seconded by Russell. GINDLESPERGER, AYE; MAY, AYE; RUSSELL, AYE; KVAMME, AYE. ALL AYE... MOTION CARRIES. B. Constitution Week Proclamation: A proclamation for the City of Eagle declaring September 17-23 as Constitution Week in the City of Eagle, Idaho. (BKP) Mayor Pike reads the Constitution Week Proclamation for item and presents a copy to the representatives from the Daughters of the American Revolution. Gindlesperger moves to accept item 7B. Seconded by May. ALL AYE... MOTION CARRIES. F. Eagle Regional Sports Complex: First Amendment to the Construction and Cost Share Agreement between the City of Eagle and Valnova, LLC for the funding and constriction of transportation improvement on SH-16 and within the City Park. With the city's proportionate share not to exceed $1,704,104.12. (NBS) Russell request approval of the first amendment to the Eagle Regional Sports Complex cost share agreement with the following changes:. 1) Change Exhibit A, as shown in the packet. 2) Change the reference within the document for Exhibit B to reference the ITD Access permit for the Pollard Lane and SH-16 Improvements. 3) Change Exhibit B as shown in the packet. 4) In order to address the timeline for change orders (48 hours response) in paragraph 2b, I recommend adding a paragraph that gives the mayor the ability to approve change order up to an not to exceed amount of 5% of the construction cost or $78,000. Once approved by the mayor a memo detailing the changes and cost shall be placed on the next council agenda for notification and review. 5) Per Paragraph 2d, Valnova is paid a 4% construction management fee, the city is just reimbursing the developer. This fee should be stated as 4% and a not to exceed amount of $62,542.42. If change orders impact this amount they need to be processed and identified as part of the process in paragraph 2b. 6) The not to exceed amount of the contract be stated as: City Construction Cost Share Detail Not to Exceed Amount S-3-23 Bid Amount S 1.363.361.00 Mayor Change Order S 78.000.00 Construction Management S 621-542.43 Total Not to Exceed Amount S 1.70.3.103.43 Seconded by May. GINDLESPERGER, AYE; MAY, AYE; RUSSELL, AYE; KVAMME, AYE. ALL AYE... MOTION CARRIES. T. Findines of Fact and Conclusions of Law for the Approval of FPUD-2025-05/FP-2025-13 - Final Planned Unit Development and Final Plat for Torrente Secco Subdivision No. 3 - Toll Southwest, LLC: Toll Southwest, LLC, represented by Becky McKay with Engineering Solutions, LLP, is requesting final development plan and final plat approval for Torrente Secco Subdivision No. 3, a 36-lot (27-buildable, 9-common) residential planned unit development. The 19.83-acre site is located at the northeast corner of North Palmer Lane and West Floating Feather Road at 6868 West Floating Feather Road. (ASG) Page 4 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-09-09-25min.docx Zoning Administrator Vaughan states that this item was mislabeled on the agenda as findings of fact and conclusions of law, it should read only FPUD-2025-05/FP-2025-13 - Final Planned Unit Development and Final Plat for Torrente Secco Subdivision No. 3 - Toll Southwest, LLC, and with that change seeks Council approval of the item. Russell to approve item T as stated by staff. Seconded by Gindlesperger. ALL AYE..MOTION CARRIES. 8. 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: (a) To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. This paragraph does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general; (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 (a) To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. This paragraph does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general; (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. Council enters executive session. Discussion to consider hiring a public officer, employee, staff member or individual agenda and pending/threatened litigation. Council exits executive session. A. ACTION ITEM: Action Regrading the Hiring of a Public Officer, Employee, Staff Member or Individual Agent. No action. B. ACTION ITEM. Action Regarding Pending Threatened Litigation. May moves to authorize the City Attorney to file an appeal in the City of Eagle vs Eagle Senior Citizens Inc fraud case. Seconded by Russell. GINDLESPERGER, AYE; MAY, AYE; RUSSELL, AYE; KVAMME, AYE. ALL AYE...MOTION CARRIES. Page 5 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-09-09-25m1n.docx 9. ADJOURNMENT: May moves to adjourn. Seconded by Gindlesperger. ALL AYE ... MOTION CARRIES. Hearing no further business, the Council meeting was adjourned. Re ectfull submitted:-TkX CY EM30RN, CMC CITY CLERK APPROVED: Y ti BRAD PIKE, MAYOR AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT WWW.CITYOFEAGLE.ORG. 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