Loading...
Minutes - 2026 - City Council - 02/03/2026 - Special EAGLE CITY COUNCIL SPECIAL MEETING MINUTES February 3,2026 1. PLEDGE OF ALLEGIANCE: Mayor Pike leads the Pledge of Allegiance. 2. CALL TO ORDER: Mayor Pike Calls the meeting to order. 3. ROLL CALL: CITY COUNCIL,CONSERVATION ADVISORY COMMITTEE, DESIGN REVIEW BOARD,DEVELOPMENT IMPACT FEE ADVISORY,EAGLE ARTS ADVISORY COMMITTEE,EAGLE PUBLIC LIBRARY BOARD,HISTORIC PRESERVATION COMMISSION,PARKS,PATHWAYS AND RECREATION COMMISSION,AND PLANNING&ZONING COMMISSION. Let the record show that there are members from various boards,commissions,and committees present and no action will be taken tonight. 4. 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 municipal meeting training pertinent to members of City boards, committees,commissions and council. Topics include Open Meetings Law, testimony from the Public, site visits,conflict of interest,motions and discussion. Q&A amongst the members and the City Attorney. 5. ADJOURNMENT: Hearing no further business,the joint meeting was adjourned. iiiii s,,ctfull submitted: , J Hi) Y CSENCSITS, idCMCT D 'UTY CITY CLERK APPROVED: BRAD PIKE, MAYOR AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT WWW.CITYOFEAGLE.ORG. Page 1 C:\Users\hcsencsits\Desktop\CC-02-03-26mi nspJ o i nt_M eeti ng.docx Joint Meeting February 3, 2026 PLEASE PRINT LEGIBLY What Board, Commission, or Name Committee do you Serve On? /4/it c) e (.54 r m go kr 0 mad ,AcL.0 it P2- i3i- - Gagkil5e-e„ rnoR2Jso j 44tAny/44va ilketrj l�ta C l7E Csr i3 tAa1 OWL rhAtOatebek CibliCa/1 LacpufL (k) PP e.C C.. K p ! VVA Tr\rn L. C- `ZO ; , s CC 41M Pe004) more on back ,0„,.�. Joint Meeting iii February 3, 2026 e`BF 4%�*°'o PLEASE PRINT LEGIBLY NAME What Board, Commission, or Committee do you Serve On? pF V/ of,y, i /A//)A--r/-5,-- �e13 g4n. Arnew.. f�Ov�toe�Y Kim .03 5 r-vs &b..Aa.k..(by,i, la R`6 S-f tvi u-1-}i, 4L+Ofr'( (' Todd 2iVQVT( 614- ,.\IAA lAil R-IIA IQ 12, -#,to FrEAlitAr/1 dry- ' 1T274 ,r4 14 41z !,'-- /' 2 194 /2 f vi 14li Mjvøltj bcsilvt ToL .stit G-1(01k, 62 s'60 nit: e o,/ gri a✓k R SA/1oA L,brQr 7 7o4/4J• De rc,t6 Ekvi -on P(p�NAA vi i 20vt: �� 2/25/2026 2026 Joint Session Open Meetings PREAMBLE 1. Open Meetings The people of the state of Idaho in creating the instruments of government that serve them,do not 2. Quasi Judicial Role yield their sovereignty to the agencies so created.Therefore,the legislature finds and declares that 3.Conflicts of Interest&Bias it is the policy of this state that the formation of public policy is public business and shall not be 4. Motions conducted in secret.§74-201 5. Agendas 6. Decorum Ordinance 1 2 Open Meetings (contd.) Open Meetings —Group Emails What is a"meeting"for purposes of the Open Meetings Law? *Quorum of the council,commission or committee. *A group email of the council,commission or committee can constitute a quorum and is subject *meet for the purpose of Deliberatinfior making a Decision to open meeting laws if it involves deliberation or 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 *Not open meetings if no deliberation or decision but merely impromptu discussions of a general specifically relate to a matter then pending before the public agency for decision.I.0§74-202(2). nature "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) 3 4 1 2/25/2026 Open Meetings —Serial Meetings Open Meetings —Public Participation Does public get to speak? It depends! Definition:series of communications(written or verbal)among decision making body "Public has right to attend meetings not necessarily allowed to speak on all matters (e.g.council,commission,committee)that: • less than a quorum °Public hearing/testimony (State law requirements) • outside the public Examples: • leads to a developing concurrence on an action 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 5 6 Public Participation (contd.) Quasi Judicial Role Land Use(Rezones,Conditional Use Permits plats) How Long Does public get to speak? `Due Process requires that public hearing be held at a"meaningful time and in a meaningful -Decision maker must confine its decision to the record produced at the public hearing.See a g Idaho manner" Historic Preservation Council V.Cry Council of City of Boise.134 Idaho 651,8 P.3d 646(2000) 'Idaho Supreme Court has previously held: • Staff reports • P&Z findings and recommendation to CC 2 minutes may not be sufficient-Cowan v.Board of Corers of Fremont County,143 Idaho 501(2006)'" • Written comments from public and agencies 4 minutes is sufficient-In re Jerome ay.Bd.of Comm'n,153 Idaho 298(2012) • Public Testimony&Exhibits taken at the public hearing 7 8 7 2/25/2026 Quasi Judicial Role (contd) Things to Avoid--Ex Parte Contact Idaho Code§67-6536 What is it? In every case in this chapter where an appeal is provided for,a transcribable verbatim *Communications with the public or applicant on a pending application. 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 *Communication between a quasi-judicial decision maker and one side,where the other side is for which a transcribable verbatim record must be maintained shall include all public not present. hearings at which testimony or evidence is received or at which an applicant or affected person addresses the commission or governing board regarding a pending application or during which the commission or governing board deliberates toward a decision after Disclosure Any er pone communication must be disclosed at the public hearing.including the identity of compilation of the record.Upon written request and within the time period provided those involved and a general description of the communication. The purpose of the disclosure requirement is for retention of the record,any person may have the record transcribed at his expense. to afford opposing parties with an opportunity to rebut the substance of any ex jurrte communications. 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. 9 10 Things to Avoid--Site Visits; Research Conflicts of Interest "A member or employee of a go,ernmg hoard.commission.or Joint commission shall not participate in any proceeding or action when the member or employee or his employer.business partner,business associate, *Do not visit the site unless there is notice to all interested panic, or any person related to him by affinity or consanguinity within the second degree has an economic interest in the procedure or action.Any actual or potential interest in any proceeding shall be disclosed at or before any meeting at which the action is being heard or considered.For purposes of this section the term *Independent research 'participation'means engaging in activities which constitute deliberations pursuant to the open meeting act. No member of a governing board or a planning and zoning commission with a conflict of interest shall participate in any aspect of the decision-making process concerning a matter involving the conflict of interest. A knowing violation of this section shall be a misdemeanor I.C.§67.6506 *Its all about Due Process Faimess 11 12 2 2/25/2026 Conflicts of Interest (contd,) Conflicts of Interest (contd,) If there is a Conflict of Interest follow I .§67-6506: Economic interest must be personal and direct.not general or derivative I.Disclose *Any actual or potential interest in any proceeding shall be disclosed at or before any meeting at which the *Relationship to decision maker: action is being heard or considered. You Employer Business Partner 2 Do Not Participate Business Associate *No member of a governing board or a planning and zoning commission with a conflict of interest shall Family:Spouse,Parents,Children Brother,Sister,Grandparent,Grandchild,Aunt,Uncle,Niece,Nephew, First Cousin and their spouses. participate in any aspect of the decision-making process concerning a matter involving the conflict of interest 13 14 Bias Agendas ^Statements by a decision maker indicate unlawful bias if the statements show that the decision maker:(a) o Generally agenda must be posted 48 hours prior to the meeting and at least 24 hours poor to a special has made up his-her mind regarding the facts and will not listen to the evidence with an open mind.or(b) meeting. will not apply the existing law.or(c)has already made up his her mind regarding the outcome of the hearing. Agenda may be amended poor to start of the meeting if posted and a motion is made to accept the amended agenda. A decision maker is not disqualified simply because he she has taken a position.even in public.on a policy issue related to the dispute.in the absence of a show ina that the decision maker is not capable of judtting o Agenda can be amended after start of the meeting a particular controversy fairly on the basis of its own circumstances. Must state the good faith reason why the item was not included in the original posting Adecision maker must maintain an open mind and consider all the evidence presented before making the - Cannot take action on the item unless an emergency is declared necessitating the action final decision. 15 16 A 2/25/2026 Agendas (contd.) Motions & Discussion General Procedure for handling a Motion Consent Agendas Items I Member normally must obtain the floor by being recognized by the chair What are they^ 2 Member makes the motion(clear and concise no explanation needed at this time) 3. Motion seconded by another member .t Amendment 17 18 ri