Minutes - 2004 - City Council - 02/10/2004 - Regular
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EAGLE CITY COUNCIL
Minutes
February 10,2004
ORIGINAL
PRE-COUNCIL AGENDA: 6:30 p.m. - 1:30 p.m.
1. Eagle Fire Chief, Dan Friend will give an update on recent events within the Eagle Fire
District. Dan presents a power point presentation on Eagle Fire & Rescue, 2003 in pictures. Dan
provides Council a summary of their Annual Report. All structure fires automatically get mutual
aid from other fIfe stations. Displays a map and discusses the transportation routes around the
City and how important it is to the fire station. Displays a map showing the Fire District
Boundaries. Discussion on Opticom. It cost $4,000.00 per light to add Optic om. Signal lights
are going in without this being installed. ACHD has told us that it is our cost to add this feature.
It would be great if the City would require that Opticom is installed on signal lights for new
developments, with the developers paying the cost. Discussion on having fire hydrants and fire
flows verified before a building permit is issued. There has been some building permits issued
where the fire flows and hydrants were not inspected by the Fire Department. Discussion on
annexation along Chinden Blvd. Annexations should include the whole highway. General
discussion.
2. Ada County Sheriffs Office. Sgt. Dana Borgquist will present the monthly report for
January. Sgt. Borgquist distributes the monthly report to the Council and presents a Power Point
presentation on the monthly report and discusses the same. Discussion on the renaming of Park
Road to Ward Ave. Sgt. Borgquist plays a tape recording of a dispatcher call where the Deputy
has to make certain that his location is correct. There is confusion between Park Lane and Park
Road. General discussion. Deputy Adams will be going to Civil sometime at the end of this
month. Deputy Jolliffe will be coming when Deputy Adams leaves. Discussion on Deputies
taking a Sheriff car home. General discussion. Council concurs to have this placed on a future
agenda for discussion and action.
3. Mayor and Council's Report: Moved to end of agenda
4. City Engineer Report: Moved to end of agenda
5. City Clerkffreasurer Report: Moved to end of agenda
6. Zoning Administrator's Report: Moved to end of agenda
7. City Attorney Report:
REGULAR COUNCIL AGENDA: 1:30 p.m.
1. CALL TO ORDER: Mayor Merrill calls the meeting to order at 7:45 p.m.
2. ROLL CALL: BASTIAN, SEDLACEK, GUERBER, NORDSTROM. Nordstrom is absent.
A quorum is present.
3. PLEDGE OF ALLEGIANCE
Mayor acknowledges City Clerkffreasurer Sharon K. Moore in achieving acceptance into the
IIMC Master Municipal Clerk Academy Program.
4. PUBLIC COMMENT: None
5. CONSENT AGENDA:
. 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
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will be placed on the Regular Agenda in a sequence determined by the Rules of
Order.
. Any item on the Consent Agenda which contains written Conditions of Approval
from the City of Eagle City Staff, Planning & Zoning Commission, or Design
Review Board shall be adopted as part of the City Council's Consent Agenda
approval motion unless specifically stated otherwise.
A. Claims Against the City.
B. Minutes of January 20,2004 special meeting.
C. Minutes of January 27,2004.
D. Resolution 04-03: Authorizing Archiving of Records: (SKM)
E. Re-appointment to the Industrial Development Corporation: The Mayor is
requesting Council confirmation of the re-appointment of Lynne Sedlacek to a
three year term on the Industrial Development Corporation Board. (NM)
F. DR- 72-03 - Master Si2n Plan for Ea2le Medical Office Buildin2 - Heartland
Holdin2s III. LLC: Heartland Holdings ill, LLC, represented by George
Transtrum with Heartland Construction, is requesting design review approval of
a master sign plan for the Eagle Medical Office Building. This application
includes a building wall sign for Rocky Mountain OBGYN and Rocky Mountain
Health and Wellness. The site is located on the southwest comer of East Plaza
Drive and East Iron Eagle Drive within Rocky Mountain Business Park at 951
East Plaza Drive. (WEV)
G. DR-77-03 - Common Area Landscapin2 within Paddy Row Subdivision-
Roth Construction. Inc.: Roth Construction, Inc., represented by Phil Hull
with The Land Group, is requesting design review approval of the common area
landscaping within Paddy Row Subdivision. The site is located on the east side
of 2nd Street approximately 450-feet south of State Street at 150 South 2nd Street.
(WEV)
H. DR-78-03 - Master Si2n Plan for Ea2le River Multi-tenant Office Buildin2-
Ea2le River. LLC: Eagle River, LLC, represented by Phil Hull with The Land
Group, is requesting design review approval of a master sign plan for the Eagle
River multi-tenant office building. This application includes a building wall sign
for SunCor, Pacific Republic Mortgage, and two (2) building wall signs for
LandAmerica Transnation. The site is located on the south side of Riverside
Drive within Eagle River Development at 485 East Riverside Drive.(WEV)
I. DR-79-03 - Two Retail Buildin2s within Ea2le River Development - Venture
Development Group. LLC: Venture Development Group, LLC, represented by
Billy Ray Strite with BRS Architects, is requesting design review approval to
construct two retail buildings, one 5,OOO-square foot building and one 7,500-
square foot building. The site is located near the southeast comer of Eagle Road
and State Highway 44 within Eagle River Development. (WEV)
J. Findin2s of Fact and Conclusions of Law for CU-ll-03/PPUD-4-03/PP-7-03-
Savbrook Villa2e Planned Unit Development - NJN. LLC NJN, LLC,
represented by Land Consultants Inc., is requesting a conditional use permit,
preliminary development plan and preliminary plat approvals for Saybrook
Village Subdivision, a residential/commercial planned unit development. The
19.58-acre development consists of a 16-lot (8-residential, 5-commercial, 2-
common, 1-church) subdivision. The site is located on the south side of West
State Street approximately ~-miles west of Eagle Road at 1161 West State
Street. (WEV)
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K. Findin2s of Fact and Conclusions of Law for A-2-03/RZ-2-03/CU-5-
03/PPUD-I-03/PP-3-03 - La2Una Pointe Planned Unit Development-
La2una Pointe LLC: Laguna Pointe LLC, represented by Land Consultants
Inc., is requesting an annexation and rezone from RUT (Rural Urban Transition)
to R-2-DA-P (Residential up to two units per acre with development agreement
and PUD) and R-E-DA-P (Residential Estates up to one dwelling unit per two
acres with development agreement and PUD), a rezone from A-R (Agricultural-
Residential) to R-2-DA-P (Residential up to two units per acre with development
agreement and PUD) and R-E-DA-P (Residential Estates up to one dwelling unit
per two acres with development agreement and PUD), conditional use,
preliminary development plan, and preliminary plat approvals for Laguna Pointe
planned unit development. The 117.51-acre development consists of a 69-lot
(55-buildable, 14-common) residential subdivision. The site is located east of
Eagle Road approximately Y2-mile north of Chinden Boulevard at 2260 S. Eagle
Road. (WEV)
L. Appointments to the Ea2le Communitv Foundation Committee: The Mayor
is requesting Council confirmation of her recommendations for the above
mentioned Committee appointments. (NM)
Bastian removes Item #5C from the Consent Agenda.
Mayor removes Item #5G and #51 from the Consent Agenda.
Guerber removes Item #5k from the Consent Agenda.
Bastian moves to approve the Consent Agenda as amended. Seconded by Sedlacek. ALL
AYES: MOTION CARRIES..................
5c. Minutes of .lanuarv 27. 2004.
Bastian: A correction to the minutes needs to be made on Page 6. I believe I made a motion to
reconsider before the motion to approve the revision on the Money Tree Sign. I would like this
change to be made.
Bastian moves to approve the minutes of January 27, 2004 as corrected. Seconded by
Sedlacek. ALL AYES: MOTION CARRIES........................
5G. DR-77-03 - Common Area Landscapin2 within Paddv Row Subdivision - Roth
Construction. Inc.: Roth Construction, Inc., represented by Phil Hull with The Land Group, is
requesting design review approval of the common area landscaping within Paddy Row
Subdivision. The site is located on the east side of 2nd Street approximately 450-feet south of
State Street at 150 South 2nd Street. (WEV)
Mayor: I removed this item from the Consent Agenda to discuss the removal of Site Specific
Conditions of Approval #2 and #3 on Page 9 of 13. Instead of having the funds put in the tree
fund it has been approved that the Developer can put in stamped concrete instead.
General Council discussion.
Sedlacek moves to approve DR-77-03 - Common Area Landscaping within Paddy Row
Subdivision with Site Specific Conditions of Approval modified to strike the first part of
Site Specific Conditions of Approval #2 only up to the first comma and leave the rest in.
Seconded Guerber. TWO A YES: ONE NAY: MOTION CARRIES...............
51. DR-79-03 - Two Retail Buildin2s within Ea2le River Development - Venture
Development Group. LLC: Venture Development Group, LLC, represented by Billy Ray Strite
with BRS Architects, is requesting design review approval to construct two retail buildings, one
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5,OOO-square foot building and one 7,500-square foot building. The site is located near the
southeast comer of Eagle Road and State Highway 44 within Eagle River Development. (WEV)
Mayor: I removed this item from the Consent Agenda to discuss the mechanical units mentioned
on Page 8 of 12, Site Specific Conditions of Approval. I think this needs to go back to Design
Review for further review. General discussion.
Bastian moves to send this item back to Design Review with instructions to reconsider the
screening walls on the roof. Seconded by Guerber. ALL A YES: MOTION
CARRIES........ .......
5K. Findin2s of Fact and Conclusions of Law for A-2-03/RZ-2-03/CU-5-03/PPUD-I-03/PP-
3-03 - La2una Pointe Planned Unit Development - La2una Pointe LLC: Laguna Pointe LLC,
represented by Land Consultants Inc., is requesting an annexation and rezone from RUT (Rural
Urban Transition) to R-2-DA-P (Residential up to two units per acre with development
agreement and PUD) and R-E-DA-P (Residential Estates up to one dwelling unit per two acres
with development agreement and PUD), a rezone from A-R (Agricultural-Residential) to R-2-
DA-P (Residential up to two units per acre with development agreement and PUD) and R-E-DA-
P (Residential Estates up to one dwelling unit per two acres with development agreement and
PUD), conditional use, preliminary development plan, and preliminary plat approvals for
Laguna Pointe planned unit development. The 117 .51-acre development consists of a 69-lot (55-
buildable, 14-common) residential subdivision. The site is located east of Eagle Road
approximately Y:z-mile north of Chinden Boulevard at 2260 S. Eagle Road. (WEV)
Guerber: I removed this item from the Consent Agenda because we have received a letter from
Laguna Pointe requesting some negotiations instead of starting over. It seems to me that we
should have a discussion on the concerns that were expressed at the public hearing and maybe
these can be corrected and the project moved forward. The applicant has stated issues that they
are willing to talk about. General discussion.
City Attorney Bailey: Reads Idaho Code in regards to mediation. The Council can go forward
and approve the Findings of Fact and Conclusions of Law and then decide to go into mediation.
General discussion on mediation.
City Attorney Bailey: I think the Mayor is correct in moving forward and adopting the Findings
of Fact and Conclusion of Law for a clean record. Discussion on the forms of mediation.
Further Council discussion.
Guerber moves to adopt the Finding of Facts and Conclusions of Law, Item #5K on the
Consent Agenda. Seconded by Bastian. Discussion. Guerber amends his motion to add in
Item #F, Page 24 in the Note: 36 opposed, 11 in favor and 7 just giving testimony. Second
concurs. ALL AYES: MOTION CARRIES....................
6. PROCLAMATIONS & RESOLUTIONS: None
7. FINAL PLATS: None
8. PUBLIC HEARINGS:
A. CU-14-03 - Bank Facilitv with Drive-Up Services - Bank of America: Bank of America,
represented by Gensler Architects, is requesting conditional use approval to construct a bank
facility with three drive up service lanes. The 1. 11-acre site is generally located on the north
side of State Highway 44 in the Eagle Towne & Country Centre Shopping Center at 3144 West
State Street. (WEV)
Mayor introduces the issue.
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Donna Williams, Gensler Architects, representing the applicant, displays a site plan and provides
the Council an overview of the request for a Conditional Use Permit. General discussion.
Zoning Administrator Vaughan: Displays a site plan and provides Council an overview of the
request. Discussion on screening the car lights in the drive-thru lane. General discussion.
Discussion on the drive isle.
Mayor opens the Public Hearing.
Mayor closes the Public Hearing.
Donna Williams, representing the applicant, discusses the drive isle.
Larry Sale, ACHD Liaison to the City of Eagle, discusses the directional arrows coming out of
the drive thru lanes; this may just be an error on the site plan.
Guerber moves to approve CU-14-03 - Bank Facility with Drive-Up Services - Bank of
America with the conditions set out by Planning and Zoning and as presented. Seconded
by Bastian. Discussion. Guerber amends the motion to state: That the wall that shields the
headlights of cars be presented to Design Review with accurate elevations. Second concurs.
ALL AYES: MOTION CARRIES................
9. NEW BUSINESS:
A. ReQuest of approval to move forward with the process to chan2e the name of Park
Road to Ward Ave. (DB)
Mayor introduces the issue.
There is going to be Town Hall meeting for public comment from the residence on Park Road.
General discussion.
Bastian moves to approve the plans of the Ada County Sheriff's Office to move forward
with the proposed name change of Park Road. Seconded by Guerber. ALL A YES:
MOTION CARRIES...........
B. A ward of proposal for handrail installation on the pedestrian pathwav brid2es. (SKM)
Mayor introduces the issue.
Vern Brewer, Holladay Engineering, provides Council an overview of the three bids received at
the bid opening held today at 4:00 p.m. Holladay Engineering recommends the bid from
Precision Fencing in the base amount of $9,896.47 and the Bid Alternate amount of $10,026.00
for a total bid recommendation for the four bridges in the amount of $19,922.47.
General discussion.
Bastian moves to approve the bid from Precision Fencing in the amount of $19,922.47 for
the installation of the handrails on the pedestrian pathway bridges. Seconded by Sedlacek.
Bastian: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYES: MOTION
CARRIES. . .. .... .. ... ....
Bastian moves to place new items on the Agenda as Item #9C. Report from Larry Sale,
ACHD. Seconded by Guerber. ALL A YES: MOTION CARRIES...................
C. Larrv Sale. ACHD.
Larry Sale displays a site plan of the Hill Road property owned by ACHD and discusses the land
swap and purchase. The City would have to pay approximately $97,000 for the purchase of the
property. General discussion. $50,000.00 would be paid this fiscal year and $47,000.00 would
be paid in October, 2004, fiscal year 04/05.
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Bastian moves to direct the City Clerkffreasurer to find $30,000 from available funds in
addition to the $20,000.00 budgeted for the land purchase to make a total of $50,000.00 and
the remainder will be paid in the following fiscal year. Seconded by Sedlacek. Discussion.
Bastian amends his motion to direct the City ClerklTreasurer to find a total of $30,000.00
to add to the $20,000.00 already in the budget. We should be able to find the $30,000.00 out
of Park Development. Second concurs. Bastian: AYE; Sedlacek: AYE; Guerber: AYE;
ALL AYES: MOTION CARRIES.....................
Larry Sale: Discussion on House Bill 578 which amends Idaho Code to make the terms of
dissolution of a single countywide highway district consistent with the requirements to establish
that district. ACHD would like to have the Council's support and sign this Petition. General
discussion.
Council concurs to sign the Petition.
Larry Sale: Reports on the Three Cities River Crossing public meeting. We had a good
representation of elected officials. We had about 300 people attend. We mailed out 27,000 post
cards and had ads in the Statesman. The results haven't been compiled. What we heard seemed
to be positive. There will be another meeting Thursday night at the Foothills Community
Church. General discussion.
10. UNFINISHED BUSINESS:
A. Discussion of new Citv Hall buildin2. (NM)
Mayor introduces the issue and reports on the meeting with ZGA on the proposed new design.
General Council discussion.
Sedlacek moves to proceed to have the Council Chambers be a 200 seating capacity.
Seconded by Guerber. TWO A YES: ONE NAY: MOTION CARRIES...................
B. Review and approval of expenditure for emer2encv repairs to the Citv Water Svstem.
MayorinIToducestheissue.
Guerber moves to authorize the expenditure of up to $15,000.00 to repair the City water
system pumps. Seconded by Bastian. Bastian: AYE; Guerber: AYE; Sedlacek: AYE: ALL
AYES: MOTION CARRIES.............
PRE-COUNCIL REPORTS (Con'!):
Mayor and Council's Report:
Sedlacek: Distributes information on the City water system and rates. This needs to be on a
future agenda. General discussion.
Bastian: Reports on a meeting with the Library Board. Two board members have resigned. If
Council has any names for new board members you can give them to me to take to the Board.
There have been some thefts of cd's. The boys have been identified and the police have talked to
the parents. The Library Board is trying to come up with an idea to stop this kind of theft. Board
discussed filtering. Staff has come up with the idea to filter everything. General discussion.
Guerber: Air Quality Board meeting is tomorrow. Fire Department has their new equipment up
and running.
Mayor: We have worked very hard to work on this impact area agreement with Star and today I
found out that Star has made an application to expand their impact area to Palmer which is past
Highway 16. The County has 30 days to respond. General discussion.
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I had a meeting with Idaho Power today. I'm going to meet with them on Thursday. Idaho
Power is willing to discuss another 1 % in franchise fees. This could be funds to pay for
underground lines. Discussion on the color of the poles. Discussion on the options.
Reports on a meeting with Boise City Parks. They are working with Boise Public Works on
acquiring the land adjacent to the city park land at Lakemore. They would like to join with Eagle
in developing ball fields. Boise City Parks would do the Master Planning with no cost to the
City. Council concurs to have the Mayor move this forward.
Cultural Arts Committee is going to be losing a member.
Discussion on forming a Youth Advisory Council.
I met with Sgt. Borgquist and discussed my idea of having kids and seniors work together on an
after school computer project. Kids would teach the seniors computers and seniors will
supervise the kids on homework and etc. General discussion.
Zoning Administrator's Report: Wright Leisure asked me to write a letter on their behalf to
Home Depot assuring them that their CO would not be revoked. General discussion.
Home Depot is going to put a timer on their lights so they will go out a half hour after closing
and they have cut the amplification down.
Mrs. Peck lives on Edgewood Lane and needs to have a parcel rezoned to make it consistent with
the property around the area. She wants to build a house on the property for herself. General
discussion.
The landscaping around the entry sign has been bonded for and it is on a high priority to have it
completed.
City Attorney Report: The Buster's sign has been taken down. Now there is a Van placed out by
the highway with a Buster's sign. General discussion.
City Clerkffreasurer Report: Discussion on the Eagle Community Foundation.
City Engineer Report: No report
Discussion on ValleyRide.
4. ADJOURNMENT:
Bastian moves to adjourn. Seconded by Sedlacek. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 11: 10 p.m.
Respectfully submitted: ~"""'.""""
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ŠHARON K. MOORE
CITY CLERK/TREASURER
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Eagle City Council
Public Hearing Sign-up Sheet
Subject: CU -14-03 — Bank Facility with Drive -Up Services — Bank of America
January 9, 2004
7:30 p.m.
NAME
ADDRESS/ TESTIFY
TELEPHONE SUBJECT YES/NO? PRO/CON
Page 1 f 1
H:ICOUNCILIAGENDAICCS[GNUP.WPD
Supporters of House Bill 578
House Bill 578 amends Chapter 14, Title 40 of Idaho Code to make the terms of
dissolution of a single countywide highway district consistent with the requirements
to establish that district.
Present law requires 10% of the qualified electors in the proposed district to petition
the county commissioners to establish a single countywide district. HB 578 would
reverse this process in order to dissolve the district.
We believe this proposal will allow for an improved, orderly and reasonable
approach to dissolution of a district should the need ever arise.
NAME ORGANIZATION
FROM :CAPITOLWEST
RS13963
FAX NO. :2083428949 Feb. 09 2004 11:42AM P2
6658 I�/�AA
LEGISLATURE OF TSE STATE OF . IDAHO f1i12
Fifty-seventh Legislature Second Regular Session - 2004
IN THE
BILL NO.
BY
1 AN ACT
2 RELATING TO SINGLE COUNTYWIDE HIGHWAY DISTRICTS; AMENDING. CHAPTER 14, TITLE
3 40, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 40-1418, IDAHO CODE, TO
4 PROVIDE FOR DISSOLUTION OF EXISTING SINGLE COUNTYWIDE HIGHWAY DISTRICTS;
5 AND AMENDING SECTION 40-1801, IDAHO CODE, TO PROVIDE THAT THE SECTION
6 SHALL NOT APPLY TO SINGLE COUNTYWIDE HIGHWAY DISTRICTS AND TO PROVIDE
7 APPLICATION TO A SINGLE COUNTYWIDE HIGHWAY DISTRICT.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Chapter 14, Title 40, Idaho Code, be, and the same is
10 hereby amended by the addition thereto of a NEW SECTION, to be known and des -
11 ignated as Section 40-1418, Idaho Code, and to read as follows:
12 40-1418. PROCEEDINGS FOR DISSOLUTION OF EXISTING SINGLE COUNTYWIDE HIGH -
13 WAY DISTRICT. All proceedings for the dissolution of single countywide highway
14 districts shall be initiated by a petition of ten percent (102) or more of the
15 qualified electors residing in each of the county commissioner subdistricte,
16 addressed to the commissioners of the county in which the single countywide
17 highway district is situate, and which shall concisely state the grounds or
18 reasons for the dissolution and contain a request for a hearing of the peti-
19 tion. A hearing on the petition shall be conducted pursuant to sections
20 40-1803 through 40-1805, Idaho Code. Following the hearing on the petition,
21 the election and process for dissolution shall be conducted as provided in
22 sections 40-1806 through 40-1821, Idaho Code. The election shall be held at
23 the next general election and in the event a majority of the qualified elec-
24 tors at the election vote in favor of dissolution, the commission shall imme-
25 diately make and enter an order declaring the single countywide highway dis-
26 trict dissolved.
27 SECTION 2. That Section 40-1801, Idabo Code, be, and the same is hereby
28 amended to read as follows:
29 40-1801. DISTRICTS SUBJECT TO DISSOLUTION. Any highway district of the
30 state, except a single countywide highway district formed pursuant to chapter
31 14, title 40? Idaho Code, may be dissolved as provided in this chapter. Sec-
32 tions 40-1806 through 40-1821, Idaho Code, shall apply to any election and
33 process for dissolution of a single countywide highway district.
Idaho Statutes
Idaho Statutes
Page 1 of 1
TITLE 40
HIGHWAYS AND BRIDGES
CHAPTER 14
SINGLE COUNTY -WIDE HIGHWAY DISTRICTS
40-1401. ELECTION TO ESTABLISH DISTRICT. Any county may, at the
discretion of the commissioners, or shall, upon a request in writing from ten
percent (10%) or more of the qualified electors residing in each of the county
commissioner subdistricts, hold an election at which the following question
shall be submitted to the electorate: "Shall this county be served by one
county -wide highway district for all city highways and county secondary
highways?". The election for this question shall be held at the next general
election following a decision by the board of county commissioners for such an
election or upon receipt of the qualified voters written requests to hold such
election. At least one (1) public hearing shall be held by the board of county
commissioners, prior to the election.
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