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City of Lava Hot Springs

Minutes February 12, 2026 Regular

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A Regular Meeting of the City Council of the City of Lava Hot Springs, Idaho will
be held on February 12th, 2026, at 6:00 pm, Lava City Hall 115 West Elm Street,
Lava Hot Springs, Idaho.

Attendance: Mark Oyler, Diane Beckstead, Jeanie Avery, John Head, Vicky Lyon,
Lyle Fuller- City Attorney, Rodney Burch- City Planner, Jeff Mansfield- Keller
Associates City Engineer, Rowdy Larkins - City Building Inspector, Amantha Sierra-
City Clerk, Mandy Frandsen

Guests: Robert Peterson, Kathy Oyler, Walter & Karen Holladay, Kevin Koester,
Mark Ceci, Kim Harris, Kim Jessee, Tom McBride, Leah Navarro, Kyle Jessee, John
& Margaret Storch, Wendy Prather, Ryan Speas, Steve Hooper, Rob Heuseveldt,
Leena Tolman, George Shail, Randy Benglan, Lora Gunter, Nancy Petrun, Susan
Thomas, Carol Cove.

Regular City council meeting 6:00 p.m.
1 Agenda
A. Silence Cell Phones
1. Call meeting to order — Mayor Lyon calls the meeting to order at 6pm.
2. Roll Call - John Head- here, Diane Beckstead- here, Jeanie Avery- here,
Mark Oyler- here.
3. Pledge of Allegiance
2 Review of Meeting Procedures & Public Comment Rules
1. 2-minute limit per speaker
2. Written comments deadline noted
3 Public Hearing — CKJ Jesse Development
Councilperson Mark Oyler made a motion to open the public hearing.
Councilperson Diane Beckstead seconded the motion. All in favor John Head- aye,
Diane Beckstead- aye, Jeanie Avery-aye, Mark Oyler-aye
Hearing-Annexation/Annexation Agreement/Zoning Annexation Ordinance
1. Description of item by Chair- Rodney Burch City Planner- this is it consists
really of three items relative to any annexation. If there's the annexation

February 12, 2026 Regular CC Meeting
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function itself, do we agree to annex the property union to the city of lava, hot
springs? Part two of that is development agreement that sets the criteria, both
from the city's perspective and the developer’s perspective specific to that
property. And part three, on this one that's a little bit unique, is the contract
zoning piece, which identifies the zoning regulations associated with these five
acres of property. All of those documents have been through in draft form with
the council before. It's worth noting that we did the city did hold a public
hearing in December at the Planning and Zoning Commission, which also
reviewed all of those documents, staff reports, history of the project, and they
recommended approval to the council with the conditions as you're aware,
that they wanted additional study to occur in the water and wastewater parts
of the project. So that brings us here to the public hearing tonight for the
council to consider again those three items, the annexation, the zoning
development agreement and the initial zone is what we refer to it and called
the declaration that it be contract zone.

(waiting on applicant’s representation)

Councilperson Mark Oyler made a motion to close the public hearing.

Councilperson John Head seconded the motion. All in favor John Head- aye, Diane

Beckstead- aye, Jeanie Avery-aye, Mark Oyler-aye

Chamber of Commerce Ryan Speas gives a report on Fire and Ice 2026.
Councilperson Diane Beckstead made a motion to open the public hearing.
Councilperson Mark Oyler seconded the motion. All in favor John Head- aye,
Diane Beckstead- aye, Jeanie Avery-aye, Mark Oyler-aye

2. Presentation by applicant — T.J. Budge Attorney for CKJ Jessee Development-
Thank you, Mayor and members of the council. My name is TJ budge. I'm an attorney with
Christine Olson, and | represent the applicant. CPHA of education and Kim Jesse. I've got to
ask how many people were here the first go around, like a few years ago, when we were talking
about all this same stuff, Mayor Lyon was here, two members of the council. Okay, | knew there
were a few unfamiliar faces, so | wasn't here for Rodney’s or whoever gave the staff report.
Some of you are very familiar with this. Others may, may be up to speed. Or would a little
history be helpful?

Councilperson Mark Oyler- | feel I'm up to speed.

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| have time for that, | can take a few minutes to go through that. Sure, you should have that in
your packet. It's called the zoning development agreement. And, you know, he's got a big
agenda tonight, so I'm not going to, oh, don't line by line. So, the first part of the agreement, on
page one, there's a recital section that's just background information. It's not the actual terms of
agreement, but it explains that the developer owns this property they'd like to develop and have
city water and sewer service, and the city and the in the in the developer desire to enter into this
agreement to accommodate that. And then you'll see paragraph one is just the effect of the
date. This doesn't become effective until both parties sign it. Number two is called conditions of
precedent. So, page one describes the agreements between the city and the developer, and
then, as | mentioned, the recitals are just background information. If you turn to page two, the
conditions precedent paragraph, this is an important one for legal reasons, and what this says,
essentially, is that this agreement does not work unless certain things happen. So, if, if certain
boxes aren't checked, this agreement ends, and those boxes include the city adopting an
ordinance approving this so that would have to happen, adopting ordinance, amending the city's
zoning ordinance to allow development of the project in accordance with this agreement and
adopting an annexation ordinance. So, for this project to work, those three things have to
happen. This agreement says we're going to try to make that happen. But there are some other
things have to happen. You have to have hearings and stuff like that. And so, if you went
through that process and decided not to annex or not to approve the agreement, then this would
terminate, and everybody would be back where they started. So that's what that conditions
precedent. Paragraph explains any questions about that paragraph, specifically, the next one is
termination. This is related, so it'll take some time to go through this process, to go through the
annexation process and approving the agreement. And what this says is, if the city doesn't get
this done within the first six months, then the developer can pull the plug and not proceed with
the project. It also says that if the developer doesn't start building within a year, then the city can
pull the plug and can tell the developer, you know, you're not making good time on your promise
to build this project and so there's an incentive for the developer to get going on the project.
Paragraph five says, If this agreement falls apart for one of those reasons, you know, one side
or the other can't fulfill their commitments, then we go back to the original zoning and back to
square one, and everybody's in the same position they were when we started. Paragraph six is
development submissions. These are the documents the developer is required to submit to the
city. So, if you approve this agreement today, then CKJ has to come back with certain
applications, zoning annexation applications and others to submit to you for consideration, and
the city council will go through their normal processes to consider those applications for
annexation and otherwise. Paragraph seven simply requires that the project will comply with all
city laws. And then paragraph eight says that once the property comes in and is annexed, the
city will provide city services for

Rodney Burch City Planner- one second. For clarity, those items listed in six that TJ addresses
as the additional steps they're occurring concurrently, that those are those do not occur in the
future. They are part of the three-part applications that we currently are fulfilling.

February 12, 2026 Regular CC Meeting
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kind of free will to change. It sets a precedent, too, for the future that | would be a little
concerned about. Yeah.

T.J. Budge- | mean, from a from a developer standpoint, it's hard to there's no crystal ball. And
it may be that renting these out as a big unit is not, this doesn't work, and you could find yourself
in a corner, if that's all you could do, and it's not (inaudible). So, there are some added costs to
subdivide. So, | don't know that can it'll actually do that, because you're trading off the added
cost upfront for the flexibility if, if you need to, to be able to, you know, kind of way than sell that.
(inaudible) you guys have to decide whether that's problematic in terms of the impact on the city.
| don't think it's going to have an impact either way. It's really more of what is the impact for the
developer and not knowing what the future holds, | think it's prudent for Kim to have that option
if plan A does work out as anticipated, but | do appreciate you bringing that up so we can have a
chance to discuss that and appreciate that. It's the first time you've had to discuss it tonight. So,
thank you. So, there's the subdivision, there's a flat plan, there's setback requirements, iand use
requirements, size requirements, rental restrictions and things like that. | would say one thing to
consider is in debating, you know, weighing the pros and cons of proceeding with the
development for the county and proceeding with the city, with the county, these springs are
detached, so there's, there's more liberty if you develop in the county, but there's some
advantages to developing in the city as well, and can, frankly, want to be part of the city and a
contributor to the city and all of that. So, these are just some of the tradeoffs you give and trying
to find some common ground and appreciate that there's some concessions being made on
both sides.

Mayor Vicky Lyon- Can | ask a question on the subdivision? So, | mean, basically it's still going
to look the same. But, | mean, correct me if I'm wrong, but it it's still going to look the same.
Nobody would know until you went to the property records and see that Bob Smith owns

point eight, yeah, of that area. Yeah, there would, | guess | understand, because then they could
buy it and they don't have to worry about monthly rent.

T.J. Budge- or whatever. Okay, yeah. | mean, it could. It's hard to, | mean, if that happened, it
may just look like a, | mean, similar to a condo in that sense. You know, looks a little different, |
guess, bigger lots in a condo, but smaller than a typical single-family home, but they would be
private owners, and so that that does give the developer just a backstop or a pian B, if the need
arises for market.

Mayor Vicky Lyon- But then reasons, if you're doing that with the ability, if you're building with
the ability to do that, you probably have to put in more infrastructure, because you could have
just put it on, | don't know, one electrical meter, but now every single house would have to have
it and hook up, right? It would have to stand alone.

T.J. Budge- yeah, those upfront costs, which is part of the business decision, might be for the
developer to decide, is it worth those upfront costs to have a backstop or a plan B if we need it,
and that decision has not been made. But if the city just said, no, we're not going to allow you

February 12, 2026 Regular CC Meeting
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T.J. Budge- Okay, so to proceed with the project, we will need a zone that accommodates it.
So, the contract zone is a special zone that will allow this project, and it could be allowed with or
without subdivision. And I'll let Mr. Birch speak to that in further detail during his but if the city
decides to allow the project to continue in city limits, instead of, you Know, being forced to the
county, then we will need a zone that allows that. But and you know, our hope is that after you
deliberate and debate, you decide you know what, we appreciate the need for the subdivision,
we're going to go ahead and let that happen. But if you decide not, you said, hey, we're okay,
but not the subdivision component, | would ask that you give me a chance to visit with my
clients Okay, and confirm that they're comfortable with that being removed. And if that happens,
we can make an agreement with that concession. So, | don't want to commit her without having

had that.

Councilperson Jeanie Avery- | think all of us on the city council need more time. And | hate to
where are they | hate wherever she | can't think. | hate to make you wait again, but this
information, just only yesterday at 4:30 coming into my possession is not adequate.

Mayor Vicky Lyon- And Jeannie, | think we need to go through the public hearing, yeah, and
hear what everybody has to say, and then we can go back and Okay, debate that.

Councilperson Jeanie Avery- Okay, I'm just saying | think we need more time.

T.J. Budge- Yep, and after you hear everything, you may be of the same opinion, and we'll
respect that, or you may feel like we've heard everything. We know enough we've deliberated,
let's make the decision that that's our hope, but it's your decision, not ours, So you respect that.
Okay, does anyone else have questions about the development standards that are set forth in
Section nine? There are others like, we have to have a property manager, an outside property
manager. And you know, that's an that's an added cost.

Councilperson Diane Beckstead- is that considered an HOA? You better have an HOA.

T.J. Budge- There will only be an HOA if they were sold through individual lots, right? So, in the
you know, that’s kind of like the backstop, like Plan B, but with Plan A, there would not be an
HOA. The manager is just on site to maintain the property, take care of things, be available as
needed, and that's a significant cost, the developer then would not be required from county, but
they're willing to do that to try to meet the middle of the city.

Councilperson Jeanie Avery- Okay, | have a question on page three, the bottom paragraph
under a private access road, the third sentence, where it says developer is not required to install
gutter and sidewalks along the private access road. Now maybe Rodney can answer this. Didn't
a year or more ago, we have a conversation, and | think it was you that gave a presentation
about future development in lava that it would include gutter and curb and gutter and sidewalks,

February 12, 2026 Regular CC Meeting
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Rodney Burch City Planner- There's a paragraph in there that already says this will develop in
compliance city ordinance.

T.J. Budge- Yeah, that's in seven

Councilperson John Head- the only area | saw addressing parking was the one space required
for each two bedrooms or something. Yeah, on those, there's no parking allowed on that private
drive, correct? That's remain unobstructed and a turnaround for fire emergency, it seems like
there's going to be inadequate parking for guests and people that come to visit. Yes. What's the
contingency for that? Or plan?

T.J. Budge- So the expectation is, is that they'll just be one car because they're, you know, very
same never happens

Councilperson John Head- Look at our streets. We have nightly rentals one car.

T.J. Budge- I’ve looked at enough of the plot plans. There was, at one time, some parking by the
barn or the office as well, some overflow parking. | don't remember where that, where that's at,
but, yeah, | don't how many spaces are there.

Kim Jessee- two per unit.

T.J. Budge- Did you hear that? Yeah? So, two spaces per unit, plus the parking in front. Don't
have that in front of me. | apologize, parking in front of the development on the east end.

Councilperson Mark Oyler- Are you talking about along six West outside of the proposed
development?

Mayor Vicky Lyon- no. They'll have a parking lot. You know when barn would be in there? | think
| heard her say that it'd be down there by the barn, like on the east of the garden. What were,
what the garden, rod's garden was.

T.J. Budge- | apologize they don't have that in front of me or describe the (inaudible).
Councilperson Jeanie Avery- we saw the garden there for years, so we know where it was.

T.J. Budge- Any other questions about the development restrictions, the rest the rest of the
agreement is Miscellaneous terms that are just typical in contracts of this type, like, how do you
amend it when you give notice to if you need to those types of things? Any other questions?

I'm going to let Mr. Burch talk about the, you know, the other contracts, the other documents, to
the extent he feels that's needed. This is really the kind of operative agreement between the
parties that describes how we're going to go forward and we appreciate your consideration. We

February 12, 2026 Regular CC Meeting
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Councilperson Jeanie Avery- Yes, yeah, we | have zero recollection of that, and people
that were here have told me that they've never heard that either.

Rodney Burch City Planner- Nonetheless, if the council chooses that that's nota
acceptable to you, we can remove that and revert back into what the agreement looked
like before October 9. Don't know if anything to add? No, there's concern with the
contract zone. Again, | would just reinforce that, that that is the tool that allows this
project to occur via the annexation. Happy to answer questions about the contract zone,
if that's appropriate.

Mayor Vicky Lyon- | have a question on the on the subdivision and contract zoning.
Right now, we know that those are going to be short term rentals, most of them, but if
somebody bought that, it could be a 5050, whether they're going to live there full time
six months out of the year. Maybe it's a snowbird, and they decide that it's better to buy
that piece of property. So, | mean, we are kind of cutting. | mean, we could end up with
a long-term resident. Could otherwise. We're not for certain, | don't know, just that just
came to mind.

Rodney Burch City Planner- so | do agree with the applicant. The product will not look
any different when you drive by that and see what that product is, it will not look any
different if it is allowed to subdivide. We do have protections in there that require those
future owners to live by the same standards as this development agreement, so it will
never that's a strong word. We believe the contract language will protect it from ever
getting worse. To the mayor's point, it does have opportunity to get better, as far as the
relationship of ownership to short term rentals. Does that help or hurt?

Mayor Vicky Lyon- No, | just, | mean, that just came into my mind, and | mean to me,
that helps, because it's kind of making the picture look better, but, and

Rodney Burch City Planner- the decision that is in front of Council today is, we, we use
that term project, judicial. You have to gage This. This. Does this meet the standards of
the city of lava, hot springs? After you hear input from the public that will, that will be
your challenge to gage this. This is the most beneficial to the city.

Councilperson Jeanie Avery- So are we going to give the public a chance to speak on
this issue before anything is asked of us?

Mayor Vicky Lyon- Yep. | mean, we're going through the agenda.

February 12, 2026 Regular CC Meeting
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Rodney Burch City Planner- We do not have contractual restrictions in the Jesse with so
basically development, okay, Holladay is different than we can address, is TJ still here?
Do you have access to or maybe Kim or Kyle? It may be helpful appreciate Genie's
input there, but they do have an analysis of how their project relates in water and
wastewater still has a demand, but it's a little different. Yeah, it might be helpful for you
to address that.

T.J.Budge- So thank you. The developer did do an analysis of what their water and
sewer demand is going to be, and you have to make some assumptions about
occupancy. And so, they used current data or vacation rentals, which is available from
VRBO and the city of lava Hall's springs, has an average short-term occupancy of 42%
or 153 nights a year. So that's the average that any rentals rented during the year.
Councilperson Jeanie Avery- So that doesn't show the highs of the weekends or holiday
period.

T.J. Budge- not instantaneous demand.

Rodney Burch City Planner- This is in your this should be in your packet at the back of
tab one. So just in front of tab two is there's four or five pages that was speaking to.

T.J. Budge- but | can just tell you what it says that if you they have the same occupancy
as other short-term rentals in the city, then their project will have the equivalent water
and sewer demand of six to seven single family homes.

Councilperson John Head- Their whole development, oh,

T.J. Budge- no, yeah, big, yeah. So, there's they're small, so the units don't have lots of
people, but, but the whole development would have the equivalent of six to seven full-
time single-family residences.

Councilperson John Head- What is, what is the number of occupants for the 1000
square foot Hall's that you're going to rent to? | mean, if they're going to sleep four
people?

T.J. Budge- yeah, four to six.

Councilperson John Head- We have six people there for three nights in space for one
car parking, two cars.

February 12, 2026 Regular CC Meeting
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well, I'm trying to be nice. That's that was, that's my main concern. Is where them are
found and used. Because | work in a community that's all in the island, and their roads
are they have issues, but not like ours. So that's all my comment is, thank you.

Mayor Vicky Lyon- thank you. Tom All right. Leah Navarro,

Leah Navarro- my (inaudible) be on the legal notices public legal notices do not identify
where public can review documents concerning proposal, because public records must
be open for inspection, a public notice should tell the public where and how to review
these records. Published legal notices show three things, applications for owner
annexation, proposed annexation agreement, which establishes conditions annexation,
including development requirements, city obligations and development phases. Note,
this is why the public notice should have information as to where to go get it application
for initial zoning designation of our three and multifamily residential zone and contract
zone for the other which | remind you, is not in the current conference plan. Deadlines,
oh, the notices that were sent out to give the annexation information, they were not
transparent or potential full impact of the proposals without God, | can't talk other
information is at least noted. Deadlines of the letters stated written testimony is required
to be sent and delivered to City Hall's seven days prior to the hearing, but then the
letters stated information and documents will not even be available for staff or council
with the city until six days before the hearing. | ask you, how can the neighbors adhere
to a testimony deadline and city one will not even have the information until the day
after the city stand on in two separate meetings, lava engineers stated the reality of the
moment lava it's water. Even after Hall's well starts producing the sewer capacity left is
the 42 for residential, | was personally told by the planner sitting on council the promises
were made. Just who promised what? Let me remind you that promises are not binding.
Only your vote binds this city vote wisely, because adding more demand on an already
a delinquent constraint system, you may have some explaining to do to the voters.

Mayor Vicky Lyon- okay. Nancy Petrun.

Nancy Petrun- | would like to thank our city council, our new team. Very proud of you
guys. So, | am in agreement with Mr. McBride, if you ride a bike around here, push the
stroller, you don't really notice ride the bike. Bike is the worst. It's, it's terrible. And then,
and I love Tony and Justin, but it's, it's not good. | have some very, a very weird thing to
talk about. I've done some coloring. Okay, so this is the city. Yeah, | had such fun and |
couldn't get a good map. So, this is what | did. The green are all of the structures
currently here. There are some missing. The map is old, that's online. The green are all
current structures, you can see better if you want to look. Circled in black, people
actually live there, okay. Circled in red, nobody lives there, or they're in Airbnb. | also did
February 12, 2026 Regular CC Meeting
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Mayor Vicky Lyon- I think the road, the road was designed to meet EMS, turned around
at the end. Thank you for bringing that up. Thank you, Kim. Okay, Wendy Prather,

Wendy Prather- Wendy Prather, City resident, I've been talking all day toa whole bunch
of people. So, | apologize. I'm just going to | have a big speech, but I'm not going to do
a big speech. There have been issues since 2021 with Idaho Department.
Environmental Quality of this public (inaudible) development being over the grace
nitrate priority area and over ground water that may affect existing drinking water,
drinking water users and the proposed density. And I've heard a lot of like, if you don't
do the city doesn't do this, then we'll just go back to go into the county, and the way that
they're proposing this big of a development with 22 connections the county doesn't
oversee the state, and it does trigger adaptive rules, so they would the way to get the
only way they can develop that with the 22 connections to serve over | think it's 14.
Don't quote me on that. It might it's 14 connections. You have to have a public water
system, and DEQ and Amantha is the ones that cover that, and they don't approve that
when you are adjacent to the city. So, the only way for them to develop it into the 22 to
make a financial feasibility for them is to connect to the city water and sewer. | have
concerns about the city water and sewer already being at capacity, and also emergency
services adding more nightly rentals they're asking to break the rule that we just not rule
the ordinance that you just barely the newly short-term rental they're already asking to
not have to comply with that. So that sets precedence for other developments, and the
emergency services is a little. We don't we're not like a normal city that has our own
police force fire. We are contracted, and we know that the ambulance right now is being
a little. It’s a little up in the air for finances, but we're adding more people, whether it's
nightly rentals, which is even more because they come to be on vacation, and so | worry
about the EMS services as well. Thank you.

Mayor Vicky Lyon- Okay. George Shail,

George Shail- (inaudible) but | think this is, | think the best way to put this is, this isa
cart in front of the horse. Moment, let's fix the horse, which would be our water, before
we attach a card which would be the annexation, doesn't make sense to me. | think we
have to see the end before we begin something like this. That's just obvious. And then
also, generally contract phoning favors private developers, and it doesn't really great for
our broader, general interest of the general public, that's all | have to say.

Mayor Vicky Lyon- Okay. Randy Benglan,

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T.J. Budge- I'll try to keep it brief. First, | want to thank the people who showed up. This
is how it's supposed to work, and | do appreciate all the comments that were they were
shared today. That’s how the system works, and the public input is important and
respect that | drove by the city of lava, not the this last Fourth of July, but the one
before. And | am empathetic feelings here. So it's not like | remember it when | was
young. You know, when we come, we come on weekday evenings, usually, because it's,
you know, that's not so crowded. So you guys are facing challenges. You have been for
some time, and wrestling with it and and all of that. And that's not lost on me. | want to
comment about a couple things. We don't want to build a development that doesn't have
water sewer, and you don't want to approve a development that doesn't have water or
sewer. What's customary if there's questions about capacity is, if the city or the county is
going to approve the development, it's with the condition that that water and sewer
capacity exists. That's a technical question. That's for, you know, Keller. But we, we feel
alike, you know, we don't. We want to make sure there's water and sewer as well. So
we have no concerns with that. That concern has been raised, and we expect that any
approval have that type of condition attached to it. | will assure you there's no promises
that have been made. | wish there were but, but there have not been any promises
made. If that had happened, we'd have been done with this a long time ago. So, we're
not here because we've been promised anything. We're here because we think this is in
the best interest of both parties, and | appreciate the pressing concern. Every
development has to stand on its own two feet, and every circumstance is different. It
has to be evaluated. And this is particularly unique. This project is unique because it's
not currently in the city. It complied with county ordinance and the county approved it,
subject to further discussion about water and sewer. And so, if a if you know Randy or
somebody else, had another project, that doesn't mean it's in the same position as this
one, and is difficult as it may be, the reality is that the decision to be made here is not
whether it happens, it's where it happens and whether it happens in city limits and
where or not. And that's just a unique reality of this project, given its location and the
nature of the development, we worked really hard at this for a long time, as has the city.
We are sensitive to the concerns and the challenges the city faces. | don't know all the
economics that go into renting versus selling. But that's obviously, you know, an ongoing
challenge here, and this is not going to change those economics. You know, that's a
problem the city is still going to have to wrestle with one way or the other. We do think,
given all the history and circumstances, the time is right to go ahead and move forward
with the project, and we would respectfully ask that you approve it in one form or
another today.

Mayor Vicky Lyon- Where are we at?

Lyle Fuller City Attorney- deliberation, and discussion.
February 12, 2026 Regular CC Meeting
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Mayor Vicky Lyon- | don't think those are 1000 but they're 450 or something.

Councilperson Diane Beckstead- but | don't think there's that big of a demand for people
right now to live in lava, because there's no there's no jobs.

Councilperson Jeanie Avery- | mean, there's never been industry here. Yeah, | just got a
call today, folks and people that live just outside of town, asking if | knew of anyone
where there was an apartment or a home available for rent, and for a family that does
have a dog, | don't know the size of the family, | was really busy, so I didn't ask a whole
lot of questions. But there are people that are looking for a place to rent in their lava.
That's not a new thing.

Councilperson John Head- Well, we've heard, we've heard, you know, people they're
going to move towards, some opposed, some in favor. | just think, you know, we are a
small town. We are, seems like our whole focus is serving our residents here that want
to maintain community. And we got to listen to that.

Councilperson Mark Oyler- that, yes, yeah, | had a few thoughts, and | wanted to start
by thanking the Jesse's. | feel for the situation. ! think | remember meeting Is it Kim,
when we first moved into lava, about six years ago, | think | was either jogging or hiking
on the property, and | remember at that point you talking about, oh, we'd love to do X, Y
or Z. And | feel in reading through the history, it's four pages of we're trying to do this,
we're having lots of obstacles. So, | do feel that. And being new to council, | feel the
chair has some certain responsibility for the city itself and also for residents. So, | did
sincerely read through this and consider both sides, and | feel like the responsibility of
my chair the way | see it. I've got a few points to look at. One being with the new zoning
alignment with the comprehensive plan. Currently we've got to the east of it is our two.
It's residential zones. To the south is pre-approved r3 affordable housing to the west is
we'll be talking about later proposed r3 and to the north will be likely r3 | feel the loss
size is a significant deviation from our existing zoning standards. The contract zoning in
and of itself. It's a separate animal, but it does. | heard this a couple times tonight. It
sets a sustainable precedent for us in lava, where we would be, you know, if we go
along with one deal, we're expected to provide that for other people at another time. Or
there's potentially some liability with that, | feel as council, we have to look at the
potential or likelihood for this, the smaller things, the secondary things like undue traffic
disruptions. With 2022 23 units, we have 23 to 46 vehicles with one egress point,
Ingress point, that feeds out into that are too the proposed use effect on surrounding
areas negatively impacting home values. We're putting prefab, tiny homes that are
placed on foundations and some on wheels, according to the development agreement, |
feel that's going to affect house values potentially, when we consider the fact that they're

February 12, 2026 Regular CC Meeting
Page | 23

Councilperson Mark Oyler seconded the motion. All In Favor, John Head- aye, Diane
Beckstead- nay, Jeanie Avery- aye, Mark Oyler- aye. 3-1 in favor of denial of the CKJ
Jesssee development. motion passed.

Mayor Vicky Lyon- so we need to take a quick break. Five-minute break

11. Annexation Ordinance — ACTION ITEM

Public Hearing — Holladay Development

Hearing-Annexation/Annexation Agreement/Zoning Annexation Ordinance

Mayor Vicky Lyon- Okay, we'll reconvene our meeting. Okay, we need to have someone
make a motion to open the public hearing in regards to the Holladay development.

Councilperson Jeanie Avery made a motion to open the public hearing for the Holladay
Development. Councilperson Mark Oyler seconded the motion. All In Favor, John Head-
aye, Diane Beckstead- aye, Jeanie Avery- aye, Mark Oyler- aye.

Mayor Vicky Lyon- description of project.

1. Description of item by Chair

Rodney Burch City Planner- I'll take that Okay. Madam Council, just a quick description
of what this application is. It again, is three applications, one of the requests for
annexation to an annexation agreement that defines, again, the relationship between
the city and the applicant. And then the third is their initial zone, which is really easy
they're defining to come into the city, Lava Hot Springs, in our r3 zone that has already
been defined. And we know what all of those standards can be. So, the application, |
think, are pretty clean and straightforward.

Mayor Vicky Lyon- All right. With that, we have a presentation by the applicants.

2. Presentation by applicant

3. Council questions for applicant (if any)

Rob with Sunrise Engineering- I'm here tonight representing the Holladay’s. So, we
appreciate your guys’ time. It's always a tough seat to sit in, right? So, I'm going to try to
be quick and focus on kind of the main topics. ! think that are the biggest concerns. But
just to start, start off. | think everybody sees it. Just want to make sure we're clear. So,
the part that we're actually annexing does not include the campground that is included.
Just want to make sure everybody's on the same page there.

February 12, 2026 Regular CC Meeting
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with the developers that being said, it will follow that ordinance. So, folks buy it, and it's
less than 5% of that phase. You know, it's not going to be anything over your order. If |
read it correctly, it would comport with all existing ordinances.

Lyle Fuller City Attorney- okay, just as a point of fact on that Rodney jump in if I'm
getting this wrong, but under the annexation agreement, it says they could have up to
12 short term rentals once fully built, okay? And that would be fully built, right?

Rodney Burch City Planner- That number is derived from our current ordinance, but if
our ordinance changes, they would still live by the 12 that they've agreed to or come
back and ask for special permission in which you have the ability to interact.

Councilperson John Head- So we wanted a schedule on the phases. Do you have a
schedule at all? Anticipate?

Rob with Sunrise Engineering- We don't. We don't. | think it's going to be dictated
largely, and I'm going to talk about this in just a second, largely by the absorption rate.
Right? Let's see what happens. We're not going to build a bunch of infrastructure and
go through that expensive nothing moves. So really be dictated by the absorption rate.
So, if there's,

Councilperson Diane Beckstead- if you don't sell what to do in the first phase, then
you're just going to leave the rest of the ground like it is, yeah, until you know,

Rob with Sunrise Engineering- eventually it'll be developed. few of the highlights of the
project that | wanted to bring up as well. So, we do have irrigation water rights. What
does that mean to you? That means that we're not going to be using culinary water from
the city to water our grass that only runs a couple months of the year. So, the reason
why that's so important, and why it's important to emphasize is that, you know, if there is
a concern about water, that they actually use the least amount that they can, as
opposed to somebody who does not have that.

Councilperson Jeanie Avery- so this irrigation water is that coming from a canal?
Rob with Sunrise Engineering- Yes.
Councilperson John Head- sorry just go back to that. So, they won't have any hookup

for irrigation sprinkler systems or anything to the city systems.

February 12, 2026 Regular CC Meeting
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system, but the capacity of the water system has to be compared to the peak flows
along with fire flows. So, you got all of that bunched together. So basically, what we're
saying is there's not enough capacity. If everybody has is taking a shower and has a
washing machine running as well as there's a fire contaminant, we have a few higher
items open. So, | want to make sure everybody knows there's you have water, but you
don't have enough water to address that peak flow concern. And so, as engineers, we
try to be conservative. We try to make sure that we plan for worst case scenarios. So
that's why we do that. That's why there's that regulation is to just ensure that the city is
in the best position possible. But | don't want you being concerned that it's there's not
going to be enough water if we have 43 hookups instead of 42 because that's really not
the case, the majority of the year, you'd be just fine. jumping into a little further. So, the
way this happens is, once you establish that there's a capacity issue, the city is going to
be required to do electric facilities planning study in order to get funding. So, facility
planning study is going to look at it. They're going to go through and they're going to
base everything, everything that the city has, all the improvements that this city that is,
it's based on a 20-year development project. So, the engineering company will collect
census data, current building permits, building permits over the past 344, years. We'll try
to come up with a consistent growth rate that the city council reviews with the engineer,
and they all agree, okay, yeah, that's a pretty consistent growth rate. So that's what we'll
use for our 20-year projection. And then all of the improvements are designed based on
that 20-year projection. And mind you, | want to make sure that you guys heard that at
no point does it talk about pending subdivisions or future development that's not part of
that equation. The city is going to be required to size their water and sewer
improvements based off of those growth projections, not off of the Holladay’s doing an
annexation application. So that's why | think it's important to separate those issues, is
that, yes, you do have capacity issues, make no mistake, but the city has it whether this
comes or not, and the city is going to be required to size it the same whether this comes
or not, and then the end user will be charged the same whether this comes or not. So,
all of these are important things to know, and then the debt service is the last thing.
Once we do the improvements, then you have the debt service. So now | want to switch
gears and talk about the project. Okay, well, that's nice, so we understand that. But what
about this project? How does this affect capacity, one of the really important aspects of
the way, like with the city of lava, is that you guys actually do a first come first serve. You
operate on a first come first serve basis. What that means is at the time of building
permit, is when there's really that assessment on whether or not there's enough
capacity, unless there's a moratorium. You know, applicants come and when they're
building their house, they do their building permit, and that's, you know, if there's
available capacity, then they're granted their building permit. They move forward.
There's not, then they won't, and that would be called a moratorium. So, so with this
development, there's potential they could go up to 230 units, but that's not going to all

February 12, 2026 Regular CC Meeting
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going to rub shoulders with you folks. They want to do a good job. So, | feel like that's
that should say something for so and I'm here to answer any questions.

Councilperson Jeanie Avery- okay, without going line by line through these proposals in
here, these contract proposals can again, as | read earlier from our list about the water
and wastewater supplies that we have, that there are some plans in place to expand our
water capacity, and if it goes well, within the next year, we'll have enough water if that
goes well, okay, so can this be drawn up in a way with the understanding that life
happens Sometimes it's not the way we want it to be. If we can't have enough water,
can we delay until we can? Or I'm not sure the right words to use.

Councilperson Mark Oyler- maybe there's some protectionism in the development
agreement for both for both sides and the city. Is rightly alluded to the other night,
something like that.

Rob with Sunrise Engineering- | think that that's what the intent of the exhibits.

Rodney Burch City Planner- Again, Robert, we've been back and forth, staff, developer,
legal counsel on both sides. We think that section 3.1 of the annexation agreement
accomplishes that, but would be open for clarifying language if the council thought that
that was important. That paragraph acknowledges that the city currently doesn't have
enough capacity to serve the entire development, but also acknowledges that we are
working towards mitigating that over time, and the tool that we have all ended up with is
the Exhibit C, which is their proposed development schedule. That's where you've seen,
| think it's 10 homes, and then at the end year club, we're going to build a bunch. | think
Robert has acknowledged that’s aggressive, likely will not be driven by the market but
the goal was that there's some trust from the. city that they're going to develop in a -
prorated schedule, and there's some trust from the developer that that city is working to
mitigate our current deficiencies. So that was the goal of section 3-1.

Councilperson Jeanie Avery- Yeah. | just wanted to clarify that, especially for the public
to hear that.

Councilperson Mark Oyler- Robert, | had, | did have a question. | know that at one point
there was some you look for a well, at one point on the property, and it was not
necessarily as viable as we hoped. Do you know if there will be additional efforts along
those lines?

February 12, 2026 Regular CC Meeting
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Rodney Burch City Planner- Can | add something to that American Council? Not if |
may, the HOA will also have the responsibility to own and operate the secondary
irrigation system, which is extremely valuable in this decade. And this is in section two,
eight of the agreement, Hoa cities are not involved with the management or operation of
HOA. So that's very clear line. That's not our role, but we have put language in this
agreement that the HOA cannot dissolve itself. We have to be part of that, because we
don't want to commit this development to operate the secondary irrigation system, and
then someday they choose, they're not going to do it. So, the city does have a role of
consent if the HOA wants to dissolve. That's about the limit of language that we've ever
been able to get into these agreements. Is just to that fact, but | wanted the council to
be aware that's the goal of some of their own improvements that they speak to. But the
big piece, | think, for the city's protection, irrigation and inability.

Councilperson John Head- | was just looking thinking more of a subdivision that's now
part of the city that there's going to be a level of standards and accountability for
residents in the way they keep you know, so it's a positive attribute.

Rodney Burch City Planner- The best tool for that is they have 180 more lots to sell.
Yeah. | mean, in all honesty, right? Their product, and the quality, both of initial
construction and maintenance over time, dictates their future product. Sorry to speak on

here,

Rob with Sunrise Engineering- you're good. No, | appreciate it.

Councilperson Mark Oyler- Another question, if 1 may, and for my own education
purposes, just because | don't know, and this may be directed at Lyle, maybe Rodney

can weigh in with cc&r's. Are those dissolvable? Can the HOA?

Rob with Sunrise Engineering- They can be that it sounds like one of the conditions is
that it has to be approved through the city.

Councilperson Jeanie Avery- Yes, it states that here it has to go through the city.
Councilperson Mark Oyler- Yeah, just wanted to clarify.
Lyle Fuller City Attorney- And that's normally, yeah, an HOA or CCR, they could be

dissolved without involving the city's okay that we're putting in the contract, they would
have to give the city's permission either

February 12, 2026 Regular CC Meeting
Page | 33

provide water and sewage to the project. City does not currently have a capacity to
serve project for portfolio subject to Section 2.4 the city will, at its expense, increase its
capacity to provide water and sewer service as needed, to accommodate development
of the project on the schedule attached here to as Exhibit C. So, | don't know. | don't
know why, if you feel like that, if the city can really agree to that based on that schedule,
as we, as we discussed in the past, you've seen how long it took us to get the well, the
Lowe well and trying to find that location, trying to find some place to drill, trying to find
the water, it takes time. And so, between finding an acceptable site to drill, and then also
the funding, we talked on Tuesday about the cost involved to increase your water
capacity and also increase your wastewater capacity, and so until we have the funding
secured, | don't know that I'm comfortable agreeing to that schedule.

Lyle Fuller City Attorney- yeah, happy to comment, and it kind of goes to a comment
that either Jamie or mark made earlier about what if we put something in that said, you
know, your development might be limited if we don't have enough water, and we'd be
put that in the agreement. And | say this in all humility, in the presence of two engineers,
but whether we have enough water or not is not necessarily a black and white
mathematically question. You're talking about capacity; you're talking about redundancy.
And there could be a third engineer could come in and have a third, get a third opinion
as to whether there's enough so | think in terms of whether there's enough water, it
would be important to put in the agreement according to whom, according to whose
engineer, is there sufficient water? As | understood the presentation from Keller and
Associates, not Tuesday when | attended before, the issue was more so one of
redundancy than capacity to serve what we have. Jeff, correct me. If I'm wrong, I'm
probably getting it wrong. I know nothing about engineering other than | work with a lot
of engineers who | highly value their opinion. The question is, though, how do you how
do you say, who says there's enough water that would need to be put in the agreement,
according to the city's engineer? Yeah, that would need to be specified.

Councilperson John Head- So, he also mentioned, | mean, the city is going to have a
pulse of where we are in our water. Every, every construction project has to come in and
get a permit and get, you know what, approval for a water hookup. if there's not water, |
doubt we're going to issue a permit, right? | mean, there's a safeguard there. | mean,

Jeff Mansfield with Keller Associates- okay, yeah. | mean, as | expressed on Tuesday,
the main issue with the water is the regulatory requirement to meet max day demand,
and you currently don't meet that regulatory requirement.

February 12, 2026 Regular CC Meeting
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Rob with Sunrise Engineering- I'll just have one last little minute. | just hope that it
actually, it builds up before the end of my career.

Councilperson Mark Oyler- procedurally, is there another round of public comments?
Mayor Vicky Lyon- yes

Councilperson Mark Oyler- For myself, | don't have any other questions necessarily for
Robert at the moment.
4. Presentation by Staff

5. Council questions for staff (if any)
Mayor Vicky Lyon- Rodney,

Rodney Burch City Planner- mayor and council that would indicate staff, | don't have
anything to add unless there are questions that | can answer.

Mayor Vicky Lyon- Okay, we will open for public comment, so we'll take the in favor first,
and hopefully | can go through this list a little better. Okay, so there's not any great Oh,
actually, there’s a letter that's in favor. Fortunately, | wrote it on my list.

6. Open public hearing
a. In Favor

b. Neutral

c. Opposed

Rodney Burch City Planner- This does speak in favor, dear city council members and
Madam Mayor, thank you for allowing me to submit these comments in support of the
proposed holiday subdivision on Monroe. Mrs. Lowe and | are wholeheartedly, are in
wholehearted agreement that the subdivision, as proposed, would be a boon to the city.
The area is in the targeted area of the area of city impact designated for expansion and
growth of the city. Your new well and the rehabilitation of the covid Well will provide the
necessary water for this and other future developments in the city. Additionally, the
irrigation water that comes with the development reduces the overall impact for the city's
system. More importantly, the annexation agreement will ensure an orderly outgrowth of
the physical parameters of the city, as we have all discussed ad nauseum, with the four
mongers pushing for unbridled conversion of private homes into commercial, short term
rental property. Our town is slowly dying. This development is a shot in the arm with the
hope for families being able to raise children here to live and love again. Yes, there are

February 12, 2026 Regular CC Meeting
Page | 37

two or three bedrooms. You could have put a little family in there. | think of the
Stoddard’s. | think a lot of families, or you could have several kids that want to work in
town, that split the rent, it affordable, and then add some more on. Add garages if you
want make it a nice little area. That's what we need. Townhouses are nifty. | just that's
my two cents. Is it's not logical for us and we have all these empty houses that good to
use. So that's not an answer. | know that. Thank you. Thank you.

Mayor Vicky Lyon- Okay, anybody else neutral on this that | have not called All right,
next then would be opposed George Shail.

George Shail- (inaudible) talk tonight about capacity, but | have been involved in
commercial, residential, municipal, agricultural, water treatment, and | think that there is
an elephant in the room that isn't being addressed, and that that is the arsenic. Arsenic
is a very complex and volatile chemical, and | believe there's arsenate three, arsenate
five. | can't remember which one is which, but one is very difficult to treat. Either way. If
you have arsenic, we're talking about some very expensive treatment methods long
term. So, | think that ought to be considered. Sounds again, we need to, like, really think
this out, figure out how much that kind of a system would cost long term. It doesn't seem
like it makes a lot of sense. Weird Things can happen, too in groundwater where we're
treating the pH just has to be perfect. And sometimes when we impact those arsenic
zones, arsenic sludge can afford, can form. So, | don't think that we have the water part
figured out again, worse never get the water figured out. Thank you.

Mayor Vicky Lyon- Okay, Randy Benglan no comment. Kim Harris,

Kim Harris- my name is Kim Harris. I'm a local resident. First off, | don't really have a
negative feeling toward this development, but | would like to see a park in the middle of
the development, as opposed to on the outside edges of it, because security reasons
for kids and women and people walking around there. | think that's important, and it
brings a sense of community to the center of the development. And then secondly, | had
a question about what, where is the rain water, drainage water go in this development
down to the trout ponds?

Rodney Burch City Planner- no they'll address that in the rebuttal.
Mayor Vicky Lyon- Okay. Is that it? Kim, thank you. All right. And Wendy Prather,

Wendy Prather- just more concerns, just about the water wastewater, then you commit
to a large-scale buildup that's like large like, like, unknowns, like, even the secondary
water. We don't have any snow, you know, so that water isn't necessarily there, or
February 12, 2026 Regular CC Meeting
Page | 39

as, as far as the part goes. Once again, I'll just tell you, we're trying to follow city
ordinance so that addresses that storm water. Where does it go? You know, as we get
into the design, we are required, as part of the city requirements, we are required to
provide sufficient storage for, you know, a specified storm event. So that will be part of
the roadway design and part of the subdivision design, the initial the initial treatment will
happen. We're planning on trying to do along the side of the roads, doing swells that will
have basically dams with every driveway, but swells on the side of the road for the initial
drainage. And then if there still need a future capacity. We will have a drainage farm. We
are trying to avoid that if we can, if we can handle it in the borrow pit. So that's the plan
as of right now. Is the cost same for the city, whether it be one or 10? | believe yes,
once the subdivision is built, it's a city road, so they will have to go out there. They
allowed to plow the same whether there's one resident there or 10? So, | think it is the
same. And then the last point that | want to hammer forward is just that the water and
sewer capacity issues are here now regardless of this subdivision. So please keep that
in mind as you guys contemplate your decision. This is, this is not the reason for it. It's
here now, but I think that we are trying to provide an additional need to help pay for it.

Councilperson Mark Oyler- | just have one question, oh, it wasn't necessarily for Robert,
actually, and maybe more for Jeff, regarding a comment that came out, what was the
was the low site tested water quality?

Jeff Mansfield with Keller Associates- Yeah, yeah. We do a pump test, and we also doa
water quality test part of drilling any well. And it was satisfactory.

Lyle Fuller City Attorney- Question was, for Robert, could you just address a little bit the
developers and the engines with respect to the build out of the 12 short term rentals, the
agreement just says 230, total units, of which 12 can be short term rentals, but and then
that'll be dealt with in development agreements with each phase. But is the city going to
be presented with Phase One development agreement 12 STRs, if you could address
that?

Rob with Sunrise Engineering- No, absolutely, great question. No, that's not, it's not the
intent. The intent is, is that it'll be based on your face, so each phase will have its
proportional share, you know, up to 5% if you will. We were not going to hit you with 12
up front.

Mayor Vicky Lyon- any other questions.

Rob with Sunrise Engineering- just to follow up to our intent is, we're hoping that there's
none, but if there is.
February 12, 2026 Regular CC Meeting
Page | 41

at it. So, if you're coming down Highway 30, is there enough room to turn off and then
access it, and likewise, when you're exiting, is there any concerns through IDOT for that
higher traffic area. And then lastly, maybe getting fire marshal to have an impact review
around what that looks like. Maybe the school what it does to our sanitation budget and
DEQ Fish and Game, Army Corps of Engineers, if applicable, as applicable, we know
about our ambulance situation if we double our size, you know, how does that affect it?
Those are some of my concerns that | wrote down. Obviously, the water issue is one
where we may need to sit down and think that through, as well as if Lava were to move
forward with this, the understanding that, what do we do if someone else wants to build
a house or develop a piece of land, | know there's some land that is owned that people
would like to develop in different areas, whether it be county or impact area. So those
are considerations | think we need to talk about and work through as council, I'm not
super comfortable in making a decision until you know, we have some more dialog
around that, and | don't know if we have enough time and information to do that tonight.
Those are my thoughts. So, some of those, those are legitimate thoughts, for sure. I
mean that some of those questions or concerns are based on adding another 225,
homes tomorrow, which that's not going to happen. As we add, as we add more new
residents in in a subdivision, certainly can help us offset the cost. Yeah, the water
projects are going to happen one way, whether we have a subdivision built or not, that's
still going to be funding as we go on these projects, finding great army to do. Yeah, |
don't know. | mean, !'d like love to see lava 500 residents, but never been there, so |
think that's going to take a lot longer than anybody anticipates. And all of these kinds of
questions are definitely going to need to be addressed. | think they're going to be
through time, because | think we're going to have, it sounds like a paste type of
development at a pace that shouldn't overrun | would think our infrastructure now so
and forgive me again, | just don't know the answer. Does lava have the ability to gain
more water rights.

Jeff Mansfield with Keller Associates- So there is a process to go through to acquire
more water rights. So that would be something this you could look at acquiring
additional water.

Councilperson Mark Oyler- It's a hard one to move past this other stuff. You know,
getting letters from fire marshal, and | get it, you know, we can, we can address that and
likely move on. But for me, it's hard to swallow that if we max out and this, this project
builds out, which, if it moves forward, | hope it's successful, but it's hard to move past
the fact that we would at that point, not have an additional ability to service any more
development, if I'm understanding the way that works. So that's my concern. If there
was a development. Did you have a question? Robert,

February 12, 2026 Regular CC Meeting
Page | 43

development on the horizon that | know about. | would hate to just maybe not consider it
because of the what ifs. They definitely have to be considered no question mark, and
that's good to look at all that. But we can, we can just sit here and what if, and then we

don't do anything.

Councilperson Mark Oyler- Yeah, and that's not what I'm suggesting. It's just a lot to it's
a lot to swallow in the face of that realization that at some point a small a small town like

does.

Rodney Burch City Planner- consideration Mark, if you may have just, just a different
perspective, if we grow to that water rights, and we have 230 additional homes in Our
community in 15 years, we're successful. We right now, maybe not everybody agrees,
but if the community wants to grow, and we grow and consume our water rights, we've
accomplished the goal. We need to go replace those. But | guess my thought is, if, if it's
230 homes here, or 100 here and 100 here and 30 there, that's positive growth. So now
| offset that with the fact that they already alluded to, they appreciate the fact that we're
a first come first served community. So, this isn't a commitment of all of our water rights
to the Holladay’s. Does that make sense?

(inaudible cross talking)

Mayor Vicky Lyon- So if they have their first phase is 10, and they're working towards
that, and somebody else comes in with 10 more, | mean, and we have the capacity,
then they get those. And we might have to say at the next phase to wait

Rodney Burch City Planner- right, our goal is to be first come first serve, nota
commitment to the Holladay’s.

Lyle Fuller City Attorney- We'll go back to that paragraph, 3.1 we were talking about in
terms of, are we committing contractually that we will have capacity versus we'll make
reasonable efforts by the longer.

Councilperson Mark Oyler- and is 3.1 sufficient in protecting the city as well as well as
developer goals around, around the sort of tentative water issue, or does that need any.

Lyle Fuller City Attorney- with the discussion and input tonight, | would recommend at
least that addition be put in 3.1 to say the city will make reasonable efforts to have that

Capacity or go find the capacity.

Rodney Burch City Pianner- is that language okay for the Holladay’s?
February 12, 2026 Regular CC Meeting
Page | 45

Mayor Vicky Lyon- What about, if you look at, | mean, that we go back to the agreement
and rework that. | mean, they can still say no, does it work for us and walk away, but at
least we give them enough information to move forward or not move forward if we say

yes or no.

Karen Holladay- | like that. He's proposing, you know, | just don't want to be if you guys
want to rework it, knowing whatever my concerns are, you know, just | don't like that
wording. It's protection for the city, but it's no protection for us. We need a balance
between those two things.

Councilperson Jeanie Avery- Okay, so how can we come up with that
balance?

Rodney Burch City Planner- | don't think we should do it afterwards, but if | can the
combination of paragraph three, one and then dependency, which is that development
schedule really protects both entities. Now what I'm hearing us say is that we may be
nervous about the development schedule

Mayor Vicky Lyon- we as in us for our facilities

Rodney Burch City Planner- we're trying to solve those what is, is the development
schedule listed in Exhibit C, too aggressive for the city, and I think that's 15 years, 15
homes. The first year,

Councilperson Mark Oyler- | thought it was 10 in there.

Rodney Burch City Planner- So we may, to me, that's the point of negotiation for both
sides, that we still leave the language similar to what it is now, less than what we would
like it but stronger than what Karen would like. To me, | think we're negotiating that
schedule because we're making a commitment to them. | have full appreciation for the
fact that they're going to go put millions of dollars into this right to have us in 2027 say
we have me, there is definitely a balance there for both sides. | don’t know if you or
Walter are negotiating the schedule.

Karen Holladay- I'm gonna let Ron if you guys are okay with that.

Lyle Fuller City Attorney- a little different slant on it if | could, and | think Rodney is spot
on. If the developer spends those millions of dollars, and our contract says we will

February 12, 2026 Regular CC Meeting
Page | 47

Councilperson Jeanie Avery- we've okayed the whole thing conditional if the water is
available at the beginning of the next phase. That's how | see it.

Rodney Burch City Planner- Karen you look like you want to say something, are you
okay?

Karen Holladay- Rolling around there's like | said, there's, it's going to take a minute for
us to come up with a breakeven point, but I'd like the city to commit something that at
least gets us to that breakeven point where we're not taking a hit.

Mayor Vicky Lyon- well, | mean, | mean, right now we can say yes or no and yes based
on the fact that they come up with their number, and we accept that, but at least they
know that they can go forward unless they decide, well, forget it.

(inaudible conversation from the audience)

Mayor Vicky Lyon- It wasn't a break even they want to retire.

Rob with Sunrise Engineering- | think | think | would defer to Rodney. He's got a lot
more experience in this most of us.

Rodney Burch City Planner- So | feel like we could your side of this agreement. Could
put a pencil to it and come up with what you think of the breakeven schedule is, is that
your seven or eight or nine with potentially a commitment to the city, that we're going to
partner with you and be a good development entity, 100% committed to that point, so
that you're at least made whole. Then moving forward, we'll do our best to meet
capacity. But the reality of that is having experience with this, that breakeven point is

going to be house 185.

Rob with Sunrise Engineering- My two cents, though, not having this conversation from
everybody, but we can appreciate (inaudible cross talking)

Mayor Vicky Lyon- but | mean, the problem is, if you don't have, unfortunately, in front of
everybody, is going to get tabled and, yeah, then you wait another month.

Rob with Sunrise Engineering- Reality is, it's, it's even the selling point that we shared in
the presentation. They have the problem now, whether we do development or not, so
I'm not worried about this anymore. Pushing forward, maybe | should be. | think they're

February 12, 2026 Regular CC Meeting
Page | 49

Lyle Fuller City Attorney- Well, yeah, why it makes sense to me, if that's the direction,
well.

Councilperson John Head- | guess we as a council need to see where we are.

Councilperson Diane Beckstead-! do too.

Councilperson John Head- | think Mark brings up some valid points, but I think those
are things that have to be addressed as a project like this goes along.

Councilperson Jeanie Avery-with those conditions,

Councilperson Mark Oyler- yeah, it's reasonable. And like | said, it’s, it's a new process
for me. So, it's partially educational. | want to do the right thing by them. | want to do the
right thing for us, and | want to do the right thing for residents.

Councilperson John Head- | think we're all on the same page with that.

Mayor Vicky Lyon- So do we need to make three motions? Or can we make so you
haven't the first item would be annexation agreement.

(inaudible cross talk)

Mayor Vicky Lyon- | thought that ordinance was going to be tabled till the next meeting.
So, the annexation agreement is one motion, initial zoning as our three is a second
motion, and the third would be annexation ordinance we'll table to the next meeting.

Rodney Burch City Planner- based on what's on your agenda.

Mayor Vicky Lyon- So if you look at eight or 12, | guess it's eight is annexation
agreement. 12 was initial zoning as our three okay and 13 is annexation ordinance. So,
does anybody want to make a motion?

8. Annexation Agreement - Possible action by Council

a. Approval

b. Approval with conditions

c. Denial

d. Table / continue

12. Initial Zoning as R3 multi-Family Residential - Possible ACTION by Council

February 12, 2026 Regular CC Meeting
Page | 51

i. Mayor no report

j. Council — no report

k. City Clerk / Treasurer- no report

6 PUBLIC COMMENT - Non-agenda items; comments limited to 2 minutes each.
This time has been set aside to hear input from citizens. No decisions will be
made, nor will any action be approved or denied, on matters raised under this
agenda item. Items requiring City Council action must be agendized for a future
meeting. Comments are limited to two (2) minutes per speaker. Meetings are
recorded; please stand at the Podium, announce your name and speak

clearly.

Nancy Petrun had a comment asking when a code compliance officer was going to
be hired and what does the City Council plan to do about the nightly rentals that
are operating illegally.

Discussion was had about a house bill that went in front of the senate that
pertains to STR’s and that the code enforcement job description was being
updated before it will be posted.

Kim Harris had a comment about the STR bill.

7 CONSENT AGENDA - Routine items will be approved together with one
motion. Any item needing discussion will be removed for separate
consideration - All ACTION ITEM

a) Council approval of Bills — List of bills provided to councilmembers prior to
council meeting for review.

b) New Business License Application Business License 16611 — Business Type
General Contractor / Residential Contractor — Business Name Morris
Construction - outside city limits

c) New Business License Application Business License 16612 — Business Type
Plumbing and general Contracting Business Name Viking Elite LLC — outside city
limits

d) Expired License renewal 16514 Business Type Construction & Remodeling —
Business Name Micheal Gunter Construction LLC — 10255 E Old Oregon Trail RD
#15

e) Sign Application — SP26-08- Garrett Kroll

February 12, 2026 Regular CC Meeting
Page | 53

11 ROWDY LARKINS
a) LAV2025-04 rebuild and extending Deck issued 07/17/25 Alan Spidell -
Surrounding LLC - 204 W Main - Myrna Beery Spidell Construction Project -
Progress report. — Rowdy reports that there is nothing new with the project.
b) LAV2025-05 Riverside Hot Springs/Eruption Brewing retaining wall - 8.27.25
Rowdy approved updated engineer plans and Building permit issued — Progress
report. — Rowdy reports that they are making progress.
c) LAV2024-07 — Heidi Patha new build STR - 355 W Main Project Permit —
Stamped Engineer plans for Block Retaining Wall received. Progress report. —
Rowdy reports that they are close to finish.
d) Sam Netuschil — 44 & 48 Purple Moon Roof - Building Permit Application
Building & Zoning Permit received not approved -Waiting on snow load &on IBC
requirement. — Rowdy reports that he has received the engineering plans with the
appropriate fixes made to them.
e) LAV2025-08 East KOA Holiday Bath House 9400 S Blaser Hwy - Building &
Zoning Permit approved. — Rowdy reports that the sheetrock inspection has been
done and they are close to finish.
f) LAV2025-11 Garrick Hunsaker - 71 Portneuf — House remodel plus garage
Elevation Certificate approved - Floodplain permit approved - Building & Zoning
Permit approved. — Rowdy reports that the foundation inspection is done.
g) LAV2026-01 Deck re-build project 78 N 3rd Ave W Jeremy smith contractor
Building & Zoning Permit received — Payment pending. Rowdy reports that the
project is actively being worked on.
h) Garrick Hunsaker - 71 Portneuf — Deck replacement due to windstorm -
Elevation Certificate approved — Floodplain permit approved — Building & Zoning
Permit in review process. — Rowdy reports that the deck needs replaced and that
there needs some clarification.
i) Patrick Navarro — 187 W Elm — House remodel due to windstorm - Building &
Zoning Permit in review process- Rowdy reports that this is a repair not a remodel
and the engineer looked at it today. He is waiting to hear back from the engineer.

February 12, 2026 Regular CC Meeting
Page | 55

for 12 months. Councilperson Jeanie Avery seconded the motion. All in favor, John
Head- aye, Diane Beckstead- aye, Jeanie Avery- aye, and Mark Oyler- aye.

c) Resolution 2026 -003 Citizen Community Bank Certificate of Deposit - ACT ION
ITEM Councilperson Mark Oyler made a motion to transfer resolution 2026-003
from Citizens Community Bank to the state treasury fund. Councilperson John
Head seconded the motion. All in favor, John Head- aye, Diane Beckstead- aye,
Jeanie Avery- aye, and Mark Oyler- aye.

16 NEWLY ELECTED OFFICIAL RESOURCES
a) Open meetings
b) Planning & Zoning (AIC)
c) Transparent & Ethical (AIC)
Councilperson John Head made a motion to move items 16, 17, and 19 toa
special meeting on February 27* 2026 at 10 am at city hall. Councilperson Jeanie
Avery seconded the motion. All in favor, John Head- aye, Diane Beckstead- aye,
Jeanie Avery- aye, and Mark Oyler- aye.
17 REVIEW AND APPROVE CODE COMPLIANCE OFFICER JOB DESCRIPTION —
DISCUSSION

Councilperson John Head made a motion to move items 16, 17, and 19 toa
special meeting on February 27* 2026 at 10 am at city hall. Councilperson Jeanie
Avery seconded the motion. All in favor, John Head- aye, Diane Beckstead- aye,
Jeanie Avery- aye, and Mark Oyler- aye.

18 COMMUNITY INVOLVEMENT
a) National Arbor Day April 24, 2026 — DISCUSSION- Council and mayor discussed

the Arbor Day program at the school which is in April.

b) America 250 in Idaho Ambassadors - authorize the mayor to sign the Logo use
permission form - ACTION ITEM Councilperson Mark Oyler made a motion to
authorize the mayor to sign. Councilperson John Head seconded the motion. All in

February 12, 2026 Regular CC Meeting
Page | 57

22 Motion to return to open meeting — ACTION ITEM

Councilperson John Head made a motion to return to open meeting.
Councilperson Jeanie Avery seconded the motion. All in favor, John Head- aye,
Diane Beckstead- aye, Jeanie Avery- aye, and Mark Oyler- aye.

23 Motion regarding Executive Session — ACTION ITEM no motion

24 Announce next regular meeting — March 23rd, 2026, Deadline March 13th,

2026
Mayor Vicky Lyon announces next meeting and deadline date.

25 Adjourn regular meeting - ACTION ITEM

Councilperson Jeanie Avery made a motion to adjourn the meeting. Councilperson
John Head seconded the motion. All in favor, John Head- aye, Diane Beckstead-
aye, Jeanie Avery- aye, and Mark Oyler- aye.

icky Lyon, Mayor

ntfia Sierra, City Clerk

February 12, 2026 Regular CC Meeting
Page | 59

Text is extracted by machine from the official file linked on each page; the official file is the record. Sentinel Media, LLC.