Minutes - 2009 - City Council - 08/25/2009 - Regular
EAGLE CITY COUNCIL
Minutes
August 25, 2009
REGULAR COUNCIL AGENDA: 5:30 p.m.
1. CALL TO ORDER: Mayor Bandy calls the m(~eting to order at 5:30 p.m.
2. ROLL CALL: HUFFAKER, SHOUSHTARIAN, SEMANKO, JACKSON-HElM. All
present. A quorum is present.
3. PLEDGE OF ALLEGIANCE: Devri leads the Pledge of Allegiance.
4. PUBLIC COMMENT: Patricia Minkiewicz, I was out of town and was wondering how the
Eagle Wine Festival was. I would like an update on the Ballantyne and State Street realignment.
Mayor: The Wine Festival was a Chamber of event and I have not received an update from the
Chamber and the Ballantyne realignment is an ACHD project.
Mayor: In regards to Agenda Item # lOB, the applicant has requested a continuance. If Council is
amenable we could go ahead and continue that item so people aren't waiting.
Huffaker moves to continue A-5-09 & RZ-6-09 Annexation and Rezone from RUT to the
September 8, 2009 City Council meeting. Secondled by Shoushtarian. ALL AYES:
MOTION CARRIES.... .......... ........
5. BUDGET PUBLIC HEARING:
Notice is hereby given that the City Council ofthe City of Eagle, Idaho, will hold a public
hearing for consideration of the proposed budget inclluding general revenue sharing for the fiscal
period October 1,2009, to September 30,2010 pursuant to the provisions of Section 50-1002,
Idaho Code. Said hearing to be held at Eagle City Hall, 660 E. Civic Lane, Eagle, Idaho, at 5:30
p.m. on August 25,2009. At said hearing, all interested persons may appear and show cause, if
any they have why said proposed budget should not be adopted.
Mayor introduces the issue.
Mayor opens the Public Hearing
Jennifer Trautman, I am an owner of Trautman Lawn & Landscaping and we have provided
landscape maintenance for twenty years. I am concerned about the City going to a public option.
I feel that a private option is better. Distributes a photo album showing the maintenance of the
property that they service. I was not notified that the City was moving to a public option. I'm
concerned that the citizens will not get the same services as a private option. I would like to see
some transparency in the numbers that it will cost for the landscaping maintenance. I would like
the opportunity to bid apples to apples as to what the public option is going to cost. General
discussion.
Tal Trautman, Jennifer has pretty much said it all. The value in our twenty years of service is
huge. I know the City is having budget problems and we were asked to give our price on the
Cadillac service. I did request that I would like to sit down with the Council and work through
this. I have problems getting in touch the Public Works. I want to know where we could trim
our services to meet what you have in the budget. G~:neral discussion.
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Public Works Director: Discusses the public option that has been discussed with the Council
through the budget process. The Council asked us to cut, cut and cut. We are doing what we can
considering the budget constraints. Discussion on the difference in the labor costs between the
private and public option. I don't have the same amount of money that the City has paid you.
General discussion.
Mark Pelkoski, I want to express my continued support for the Museum and the Curator. I am a
regular volunteer at the Museum, about six months now, I help with computer activities and I am
working on the digitizing a scrapbook collection. While I was handling one of the archives it just
crumbled. I am very concerned about the preservation of the artifacts ofthe City. We need to
keep the Museum open and the curator's full time job in tact. General discussion.
Diane Scott, I got involved in the preservation movement in 1999, there were about a dozen of us
involved at that time. After the old Library was remodeled for the museum then we worked very
hard to gather artifacts for the museum. It became harder and harder to get volunteers and the
first curator was hired. The former curator did not have the training and knowledge that the
present curator has. It is amazing the work the Laurie has done, the City is very lucky to have a
professional curator. Laurie is a very valuable employee for the museum.
Van Elge, The Land Group, since Resolution 09-19 is not part of the public hearing tonight I just
wanted to commend Staff on rolling together the Comp Plan to the 2009 Comp Plan. It has been
a challenge for developers to work with the old plans, Ada County has now recognizes the 2004
plan. It is great to see this step being made to adopt a 2009 Plan and would encourage Council to
move forward with this Plan and push forward the Title 9 Agreement which is still outstanding
with Ada County.
Nancy Suiter, I have lived in Eagle for 33 years. I am the history of Eagle; I am on the Historical
Preservation Commission. Discusses volunteers at the Museum. Without Laurie's leadership
and expertise volunteers do not know where to go. We really need Laurie at the helm. General
discussion.
Nancy Merrill, 1002 N. Cobble Street, I would like to offer my support to Trautman. They have
been in the community for twenty years. I don't know who is doing it this year but I am sick
when I drive around.
I want to also talk about City Hall and the possibility of moving out of this building. I just want
to ask you to go back and look at the history of how we got to the place where we built the city
hall. Provides a brief history of the bond elections and the building of the City Hall building.
Discussion on the City Facilities Assessment Committee. We had three options when we looked
at having a new city hall, Judicial Confirmation, Bond Election or a Lease. This building was
built to have a public meeting space for the residents and groups to use. Before you decide to
move out of this building I would ask you to do your due diligence, there are two file cabinets
that provide the history of how we got to the place where the city hall was built. General
discussion.
Frank Thomason, I am the current Chair of the Historical Preservation Commission. Discusses
placing the Fisher House on the National Register. This project will have to wait a year. The
Fisher House is the only remaining property in the City of Eagle that will meet the criteria. We
are going to be doing some private fund raising efforts for the Museum and the Commission.
General discussion.
Bob VanArden, the issue with the Public Works and the landscaping seems to be a hot button
item. I know Tal Trautman, he has taken care of our subdivision and he does an excellent job.
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By the same token as a citizen listening to Mike and the passion that he has expressed I thought
this is a dedicated public servant. As a citizen perhaps there would be a way for Tal to keep his
foot in the door.
C.J. Thompson, I am not an Eagle Citizen and Eagle taxpayer. I really want to encourage you to
rethink about moving out ofthis building. I have be~:n to many public hearings. I have attended
public hearing at the senior center when there were people in the parking lot and couldn't hear. I
can remember being led back to a trailer to have a m<eeting.
Mark Butler, I tried to bring up at the last Design Review Board meeting that we don't need to
have the $50.00 per meeting stipend but there were only two members present. I plan to bring
this up at the next meeting. I hope that you don't disband the Design Review Board. If you are
concerned about the process there are ways to streamline the Design Review Board applications
and process and I would be willing to work with Staff and Council.
Mayor would you like to leave the Public Hearing Open? General discussion.
Council concurs to leave the Public Hearing open at this time and after the Council budget
discussion it will be determined whether or not to leave the public hearing open.
Mayor displays spreadsheets on comparable Eagle property taxes with other cities in the valley
and discusses the same.
General Council discussion on the budget.
Council concurs to leave public hearing open for written comments.
City Attorney Buxton: Council needs to make a motion to leave the public hearing open
for written comments and to continue the budget discussion and the Appropriation
Ordinance to the September 8, 2009 City Council meeting.
So moved by Huffaker. Seconded by Jackson-Heim. ALL AYES: MOTION CARRIES...
6: Ordinance No. 632: An Ordinance Entitled The Annual Appropriation Ordinance For The
City Of Eagle, Idaho, For The Fiscal Year 2010 Commencing October 1,2009, And Ending
September 30,2009. [This item will only be acted on if the public hearing for item 5A is closed,
and approving action is taken via a motion of the Council)
Mayor calls a recess at 9:45 p.m.
Mayor reconvenes at 10:05 p.m.
7. 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
will be placed on the Regular Agenda in a sequence determined by the City Council.
. Any item on the Consent Agenda which contains written Conditions of Approval
from the City of Eagle City Staff, Planning & Zoning Commission, or Design
Review Board shall be adopted as pali of the City Council's Consent Agenda
approval motion unless specifically stated otherwise.
A. Claims Against the City.
B. DR-23-09 - Commercial Buildin2 with Residential Apartments - Linda
Crouch: Linda Crouch, represented by James Gipson with James Gipson
Architect, is requesting design review approval to construct a 4,21 I-square foot
two story commercial/apartment building (1 sl floor - 2,683-square feet and 2nd
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floor 1 ,528-square feet). The 0.16-acre site is located on the southwest corner of
2nd Street and Idaho Street at 135 North 2nd Street. (WEV)
C. DR-46-01 MOD2 - Modification to the Master Si2n Plan for Rivershore
South Buildin2 - Dennis Baker: Dennis Baker, represented by Debbie
Anderson with Idaho Electric Signs, Inc., is requesting design review approval to
modify the master sign plan for the Rivershore South Building. The 1.3-acre site
is located on the west side of South Rivershore Drive approximately 300-feet
west of Eagle Road at 661 South Rivershore Lane. (WEV)
D. DR-27-09 - Chase Bank Buildin2 Wall and Directional Si2na2e - JP
Mor2anChase Bank: JP Morgan Chase Bank, represented by Nathan Fuller
with Lytle Signs, Inc., is requesting design review approval of three (3) building
wall signs and directional signage ~Dr Chase Bank. The 1.3 acre site is located
on the northwest side of South Rivershore Lane approximately 670-feet north of
Inlet Bay Lane at 468 South Rivershore Lane. (WEV)
E. Findin2s of Fact and Conclusions of Law for A-02-09/RZ-02-09 Annexation
and Rezone From RUT (Rural - Urban Transition - Ada Countv
Desi2nation) TO R-E-DA (Residential - Estates with a Development
A2reement) - Terrv L. and Nancv Harris: Terry L. and Nancy Harris
represented by Shawn Nickel with Rose Law Group Borton are requesting
approval of an annexation and rezone from RUT (Rural-Urban Transition-Ada
County Designation) to R-E-DA (Residential-Estates up to one unit per two (2)
acres with a development agreement). The 6.12-acre site is generally located on
the east side of N. Meridian Road approximately 950 feet north of W. Floating
Feather Road at 1628 N. Meridian Road. (WEV)
F. Findin2s of Fact and Conclusions of Law for A-03-09/RZ-03-09 - Annexation
and Rezone From RUT (Rural - Urban Transition - Ada Countv
desi2nation) to R-2-DA-P (Residential Two Units Per Acre Maximum With
a Development A2reement - PUD) - Ea2le Sports Le2ends Investments #2,
LLC.: Eagle Sports Legends Investments #2, LLC, represented by John
Rennison, P.E., with Rennison Fodrea, Inc., are requesting approval of an
annexation and rezone from RUT (Rural-Urban Transition-Ada County
Designation) to R-2-DA-P (Residential two units per acre maximum with a
development agreement - PUD). The 78.l3-acre site is generally located on the
southeast corner of State Highway 16 and West Floating Feather Road at 1252
North Emmett Highway. (WEV)
G. Appointment to the Librarv Board of Trustees: Mayor Bandy is requesting
Council confirm the appointment of Maureen Germano to fill a vacancy on the
Library Board of Trustees. Ms. Germano's term will begin October 1,2009 and
expire in 5 years. (PB)
H. Re-appointments to the Transport~ltion Committee: The Mayor is requesting
Council confirmation of the re-appointment of the following Committee
members: Jim Ross, Ron Bath, Bruce Mills, Dave Butzier, Dave Aizpitarte, Barb
McDermott. The members will be serving a 2 year term in accordance to the
Transportation Committee Bylaws. (PB)
l. Open Container Permit: Eagle BBQ Cookoff & Spudfest, represented by Jim
Monihan is requesting an open container permit to be used at Guerber Park on
September 51h and 61\ 2009 from 11 :00 a.m. to 9:00 p.m. and on September 7'h
from 11 :00 a.m. to 6:00 p.m. (SKB)
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J. DR-143-04 MOD2 - Modification to the Master Si2n Plan for the Idaho
Athletic Buildin2 - Idaho Athletic Club: Idaho Athletic Club, represented by
John Morton with Golden West Advertising, is requesting design review
approval to modify the master sign plan for the Idaho Athletic Building. The
4.45-acre site is located on the south side of East Plaza Drive approximately 830-
feet southwest of East State Street at 875 East State Street. (WEV)
K. DR-24-09 - Buildin2 Wall Si2na2e for Fusions - Linda Crouch: Linda
Crouch, represented by Heather Pascua, is requesting design review approval of
building wall signage for Fusions. The 0.I6-acre site is located on the southwest
corner of 2nd Street and Idaho Street at 135 North 2nd Street.(WEV)
L. EXT-IO-09 - Preliminarv Plat Extf~nsion of Time for Lan2tree Subdivision-
James Brunnel: James Brunei, is requesting a one (l) year extension of time for
the preliminary plat approval for Langtree Subdivision, a 45-lot, 54-unit (33-
single-family, [19 multi-family, and 1 duplex, contained within 3-lots], 9
common) residential subdivision. The 9.57-acre site is located on the north side
of State Highway 44 (State Street) approximately 1 ,330-feet west of Linder Road
at 5342 West State Street. (MJW)
M. Minutes of Julv 14,2009.
N. Minutes of Julv 21. 2009.
O. Minutes of Julv 28. 2009.
P. Minutes of AU2ust 4. 2009.
Q. Minutes of AU2ust 5. 2009.
Huffaker removes Items #1 and J.
Shoushtarian removes Items #M and P.
Huffaker moves to approve the remainder of the Consent Agenda with typo changes to
Item 7B: Page 9 of 13, Paragraph 1 where the changes have been made, the word glass was
in the original and does not show up in the changfs and should be there; in Paragraph 3 it
says two man doors and it should be two main doors. Seconded by Jackson-Heim.
Discussion. Huffaker amends the motion to keep ;the words "man door" in. Seconded
agrees. Semanko: Procedural comment, on Item #E, Shawn Nickle works with Rose Law
Group and I work with Rose Law Group on a contract bases and I looked at this closely
and I have no pecuniary interest and don't stand to benefit from the action that the Council
is being asked to take on this so I don't have a conflict of interest. Huffaker: AYE;
Shoushtarian: AYE; Semanko: AYE: Jackson-Heim: AYE: ALL AYES: MOTION
CARRIES........... ...
71. Open Container Permit: Eagle BBQ Cookoff & Spudfest, represented by Jim Monihan is
requesting an open container permit to be used at Guerber Park on September 5th and 6th, 2009
from 11 :00 a.m. to 9:00 p.m. and on September 7'h from 11 :00 a.m. to 6:00 p.m. (SKB)
Huffaker discusses the problems with the event last year with the parking and the abuse on the
park. I thought this event was going to be at Eagle Islland State Park. General discussion.
Huffaker moves to approve Item #71. Seconded by Jackson-Heim. ALL AYES: MOTION
CARRIES.............. .
7J. DR-143-04 MOD2 - Modification to the Master Si2n Plan for the Idaho Athletic
Buildin2 - Idaho Athletic Club: Idaho Athletic Club, represented by John Morton with
Golden West Advertising, is requesting design review approval to modify the master sign plan
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for the Idaho Athletic Building. The 4.45-acre site is located on the south side of East Plaza
Drive approximately 830-feet southwest of East State Street at 875 East State Street. (WEV)
Huffaker: Staff recommended denial based on our current Code and the Board voted 6-0 to
approve it and I was looking through it I couldn't tell how many new signs we were approving.
If staff could briefly explain what is new that the Idaho Athletic Company wants and what is in
violation of our code. General discussion.
Shawn Wardell, Idaho Athletic Club, we are requesting three signs, two of which are allowed by
code. Displays pictures of the building and discusses where the signs would be located. General
discussion.
Huffaker moves to approve Item #7J. Secondled by Semanko. ALL AYES: MOTION
CARRIES........ ...
7M. Minutes of Julv 14,2009.
Shoushtarian: I just want to make sure, some things are not clear. On Page 3, last paragraph,
when I said NAY to the motion it said I was not good with the sign issue, it is not what I said.
basically said 1 was not okay with the sign issue and 1 had an explanation in there because I
thought first Design Review did not approve it and City has never had four monument signs on
one shopping area and third the signs were too close to each other. I just want to add those.
7P. Minutes of AU2ust 4, 2009.
It didn't mention anything when we were discussing the budget in regards to the proposal that I
brought to the Council which I thought would b(~ good to discuss. I think that was very
important and I just want it to be in there that I did present to Council and City a proposal that I
thought would be good to discuss and I just want that to be added. General discussion.
Shoushtarian moves on Item #7M to be included! at the bottom of Page 3 where it says "I
was not good with the sign issues", it should say I was not agreement with the sign issue
because of three reasons; 1. Design Review denied because it was against City Code, 2. City
has never experienced 4 monument signs on one shopping center; 3. Signs were a little bit
close to each other. Seconded by Huffaker. ALL AYES: MOTION CARRIES............
Shoushtarian moves on Item #7P as I mentiom~d there was nothing in there that I had
presented my version of a proposed budget to Council and I just wanted that added to the
minutes. Seconded by Huffaker. ALL AYES: MOTION CARRIES..................
8. PROCLAMATIONS & RESOLUTIONS:
A. Resolution 09-19: A Resolution Of The Eagle City Council, Eagle, Ada County, Idaho
Repealing The 2007 Comprehensive Plan And Adopting The 2009 Eagle Comprehensive Plan
And Associated Amendments; Affirming That Prescribed Notice And Hearing Requirements
Were Met In Accordance With Title 67, Chapter 65, Idaho Code; And Providing An Effective
Date. This item was continuedfrom the July 28, 2009 meeting. (NBS)
Mayor introduces the issue.
Planner Baird-Spencer provides an overview of the cll1anges to the Resolution. General discussion.
Huffaker moves to approve Resolution 09-19. Seconded by Semanko. THREE AYES:
SHOUSHTARIAN: NAY: MOTION CARRIES..............
B. A Proclamation for the Citv ofEa21e declarin2 September Prostate Cancer Awareness
Month. (PB)
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Mayor introduces the issue.
General discussion.
Huffaker moves to approve Item #8B with the amendment to the Proclamation that we
remove the paragraph that urges all citizens to plant trees to gladden the hearts and promote
the well being of present and future generations. Seconded by Jackson-Heim. ALL AYES:
MOTION CARRIES............
9. UNFINISHED BUSINESS: NONE
10. PUBLIC HEARINGS:
A. A-06-09/RZ-07-09 Annexation and Rezone from RUT (Rural- Urban Transition - Ada
Countv desi!!nation) to R-E-DA (Residential-Estates with a Development A!!reement)
Clarence and Carolvn Stockstill: Clarence and Carolyn Stockstill represented by Karla
Williams with MarKar Custom Homes, LLC, are requesting approval of an annexation and
rezone from RUT (Rural-Urban Transition-Ada County Designation) to R-E-DA (Residential-
Estates up to one unit per two (2) acres with a development agreement). The 5.00-acre site is
generally located on the north side of W. Floating Feather Road approximately 220 feet east of
N. Ballantyne Lane at 1980 and 1984 W. Floating Feather Road. (MJW)
Mayor introduces the issue.
Karla Williams, representing the applicant, displays overheads and provides Council an overview
of the application. General discussion.
Planner Williams, provides Council an overview of the application.
Mayor opens the Public Hearing
Mayor closes the Public Hearing
Huffaker moves to approve A-06-09/RZ-07-09 and that Paragraph 3.4 be modified as Mr.
Williams has suggested to indicate clearly that w(~ are drawing a straight line for these
parcels and that the current buildings on the site are recognized and permitted where they
are and if they were ever taken down, any future buildings would need to apply to City
Code as far as setbacks; 3.5 my motion would include that the applicant not be made to
stub out until actual hookup to water and sewer on these parcels. Discussion.
Huffaker amends the motion to add to 3.9. Subject to any required approval of InW
and Option A will be used for the driveway. Seconded by Shoushtarian. ALL A YES:
MOTION CARRIES..........................
B. A-5-09 & RZ-6-09 Annexation and Rezone From RUT (Rural- Urban Transition - Ada
Countv desi!!nation) to A-R-DA (A!!ricultural- Rl~sidential with a Development
A!!reement) - Ron Sali: Ron Sali, represented by Doug Russell with The Land Group, Inc., is
requesting approval of an annexation and rezone from RUT (Rural-Urban Transition-Ada County
Designation) and A-R (Agricultural-Residential- up to one unit per five acres) to A-R-DA
(AgricuItural-Residential- up to one unit per five acres with a development agreement). The
65 .14-acre site is generally located on the south side of W. Mace Road approximately 1.47 miles
west of S. Eagle Road. (MJW)
Continued to the September 8, 2009 by Council motion above.
11. NEW BUSINESS:
A. Award of Senior Center Parkin!! Lot bid: (ME)
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Mayor introduces the issue.
Public Works Director Echeita: In front of you is the City Engineer and my recommendation to
approve the bid from King Excavation in the amount of $95,072.75 which was the low bidder
and this is the company that just put the bridge across the river. General discussion.
Shoushtarian moves to approve Item #llA the award of the Senior Center Parking Lot bid.
Seconded by Jackson-Heim. Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE:
Jackson-Heim: AYE: ALL AYES: MOTION CARRIES..............
B. Discussion of public record request processin2 procedure. (SKB)
Mayor introduces the issue.
City Attorney Buxton: Idaho Code is very specific on how fast you have to comply with public
records requests and how people have the opportunity to come to Council for waivers and if the
request takes more than 2 hours of stafftime you can charge for those actual costs. Our
Resolution was passed in 2008 in regards to the copy costs which are specifically required by the
statute. The Supreme Court has found that the statue is self executing. We will bring back to
you a modification ofthe Resolution.
Council discussion on waiving the fees for the North Ada County Foothills Association.
FUliher Council discussion.
Huffaker moves to waive the staff time fees on this specific request in the amount of
$111.45. Seconded by Shoushtarian. Discussion. Huffaker: AYE; Shoushtarian: AYE;
Semanko: AYE: Jackson-Heim: AYE: ALL AYES: MOTION CARRIES..............
12. ADJOURNMENT:
Jackson - Heim moves to adjourn. Seconded by Shoushtarian. ALL AYES:
MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 11 :50 p.m.
Respectfully submitted:
-~~~~~
CITY CLERK/TREASURER
PHILLIP 1. BANDY
MA YOR
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A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT EAGLE
CITY HALL
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EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP
Subject: BUDGET HEARING FY 2009/2010:
August 25, 2009
NAME
iLLIJI
iv(,Lh
Lt.( U-1 bv/a
l 11I -+2r-
AN-L)1\0-Jz-b-LA
ADDRESS
5001 Lis,11(k /7f 1\14h ,
(;c(31 L) "ry .z A4, —
1222 Av z_a).
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TESTIFY PRO/ CON or
YES/NO NEUTRAL
INTER
OFFICE
City of Eagle
Zoning Administration
To: Mayor Bandy and City Council Member
From: Michael Williams, PCED, Planner II
File No: A-05-09/RZ-06-09 — Annexation and Rezone from RUT (Rural -Urban
Transition -Ada County Designation) to A -R -DA (Agricultural -Residential —
One (1) unit per Five (5) acres with a Development Agreement) for Ron Sali
represented by Doug Russell with The Land Group, Inc.
Date: August 25, 2009
Attachment(s): Email Correspondence from Doug Russell date stamped by the City on
August 25, 2009, requesting the hearing be continued to September 8, 2009
Copy To: The Land Group, Inc., Attn: Doug Russell, 462 E. Shore Drive, Suite 100,
Eagle, ID, 83616
The applicant is requesting this item be continued to the September 8, 2009, hearing so they may
meet with the neighbors once again and provide additional information regarding the project.
Page 1 of 1
K:IPlanning DeptEEagle Applications\RZ&A120091A-05-09 & RZ-06-09 melSali.doc
Page 1 of 1
Mike Williams
From: Doug Russell [doug@thelandgroupinc.com]
Sent: Tuesday, August 25, 2009 9:45 AM
To: Mike Williams
Cc: Rjsali@aol.com; Bill Vaughan
Subject: Mace Road/ Sali A-5-09 and RZ-6-09
Mr. Williams,
We would like to respectfully request that the public hearing for Ron Sali, A-5-09 and RZ-6-09 be
continued to the September eh hearing. Just yesterday we were informed of some concerns that one of
the neighbors has despite our efforts to inform all of the neighbors to the fullest extent possible. We
would like to take some additional time to meet with the neighbors again just to make sure they all have
a full understanding of our project and what we intend to do. We would like to post the site again and
will do so pending your confirmation of the new city council hearing date. Neither Ron Sali or myself are
planning to attend the hearing this evening unless you feel that we need to have a representative
present. Additionally, we are calling all of the neighbors that lie within our notice radius and letting
them know that we are requesting a continuance. Please let me know if you find our request acceptable
as soon as you can.
Best Regards, Doug
x
Doug Russell
Principal
462 E. Shore Drive, Suite 100
Eagle, ID 83616
ph. 208.939.4041 ext. 103
fax. 208.939.4445
email. dougOthelandgrouoinc.com
AThink Green - please do not
print this email unless necessary
8/25/2009
cc '3',,25-0?
MOORE SMITH BUXTON TURCKE, CHARTERED
ATTORNEYS AT LAW
BANNER BANK BUILDING
950 W. BANNOCK STREET, SUITE 520, BOISE, ID 83702
TELEPHONE (208) 331-1800 FAX (2088) 331-1202
THIS DOCUMENT HAS BEEN EXPRESSLY PREPARED FOR THE USE
OF OUR CLIENT, IS CONFIDENTIAL AND DEEMED TO BE SUBJECT TO THE
ATTORNEY/CLIENT PRIVILEGE AND THE ATTORNEY WORK PRODUCT
PRIVILEGE
TO:
FROM:
DATE: August 24, 2009
RE:
Mayor Phil Bandy
Eagle City Council
Loren W.
Paul Fi
MEMORANDUM
Public Record Request Copy Fees
It has been asserted that the City's practice of collecting an administrative fee for the
actual labor costs after the first two hours associated with responding to a public records request
is in violation of Idaho law. Mayor Bandy requested that we look at whether the City has been
collecting fees for actual labor costs in violation of the applicable statutory provisions. Providing
the City has been charging its customers its actual labor costs, i.e. that the fee is rationally related
to the service provided, the City is not in violation of the statute. While we do not disagree with
the City Council's desire to codify its established policy via resolution, we disagree that Idaho
Code § 9-338(8) is merely an enabling statute requiring additional municipal legislative
enactment.
I. Background
On 13 May 2008, a fee schedule for copies of requested public records was adopted by
the City Council as Resolution No. 08-11. The schedule provided by Resolution No. 08-11
states: a request for less than ten (10) black and white copies shall be no cost; ten (10) or more
black and white photocopies will be charged a rate of 10 cents a page; colored copies will be
charged at 25 cents a page; and certified copies cost $1.00 per each page. The resolution also
provides that extraordinary copies, including maps, electronic media and oversized documents,
as well as transcription costs, will be "charged at the City's cost." Resolution No. 08-11,
however, does not specifically provide that the City may charge a fee for the actual labor costs in
Mayor Phil Bandy
Eagle City Council
August 24, 2009
Page 2
responding to said request. The suggestion has been made that a resolution must be enacted
memorializing the City's unwritten policy to charge for actual labor costs that exceed two hours.'
We disagree.
II. Analysis - In regard to actual labor costs, Idaho Code § 9-338(8) is self-executing.
Idaho Code § 9-338(8) is a self-executing statute2 specifically granting the City to charge
a public records' customer its actual labor costs without further legislation by the City Council.
Idaho Code § 9-338(8)(a) merely provides that a copying fee schedule be established. As to
labor costs, the provision reads:
... The actual cost shall not include any administrative or labor costs resulting
from locating and providing a copy of the public record; provided however, that a
public agency or independent public body corporate and politic or public official
may establish a fee to recover the actual labor cost associated with locating and
copying documents if:
(i) The request is for more than one hundred (100) pages of paper records; or
(ii) The request includes records from which nonpublic information must be
deleted; or
(iii) The actual labor associated with locating and copying documents for a request
exceeds two (2) person hours.
From a plain reading of Idaho Code § 9-338(8)(a), a municipality "may establish a fee to
recover the actual labor costs associated with locating and copying documents..." without
further municipal ancillary legislation. As such, Idaho Code § 9-338(8) is a self-executing
statute.3 It is clear that the legislature intended that cities be able to recover the costs of having
employees work on large public records requests, the only caveats are that the fee be the actual
labor cost associated with locating and copying documents and the request must either be for
more than one hundred (100) pages of paper records, where redaction is required, or the actual
1 Further, Eagle City Code 1-8-5 provides that copies shall be available to interested parties upon payment of the
usual charges for research and copying made by the city.
2 A self-executing statute is effective without the need of any intervening implementing action. It is given effect
without the aid of a further ordinance or resolution. In other words, "[a] self-executing provision then is one
which supplies the rule or means by which the right given may be enforced or protected or by which a duty
enjoined may be performed." Cleary v. Kincaid, 23 Idaho 789, 790, 131 P.1117, 1118 (1913).
3 In Contrast, an enabling statute is one which requires subsequent municipal legislation. For example, Idaho
Code §67-8204 provides that "Governmental entities ... may impose by ordinance development impact fees...."
Mayor Phil Bandy
Eagle City Council
August 24, 2009
Page 3
labor exceeds two (2) hours.
The case law clearly provides that administrative fees need only be rationally related to
the service provided. With regard to user fees charged to property owners, municipalities may
charge consumers for the cost of services directly provided to them. Within a municipality's
police power, no further authorizing legislation is required. In Brewster v. City of Pocatello, 115
Idaho 502, 505, 768 P.2d 765, 768 (1998), the Idaho Supreme Court reasoned that fees for
services based on a user's consumption are reasonable if rationally related to the service
provided; such fees for public services include those for the recording of wills, vehicle emission
testing fees, professional licensing fees, building permits, or the filing legal actions. Such fees
are different than an ordinary or general tax requiring specific enabling legislation, because it
targets the individual and makes that person pay the administrative costs of the regulatory
program.
Accordingly, Idaho Code § 9-338(8) is a self-executing statute specifically authorizing
the City to establish a fee to recover the actual labor cost if certain qualifiers are met. There is
nothing to indicate that something further is needed to make the statute operative. The City's
unwritten policy to charge for actual labor costs that exceed two hours is in compliance with the
Idaho statute. Nonetheless, should the City Council wish to memorialize the City's unwritten
policy by resolution would be in the City's best interests. A written policy provides unequivocal
notice to its customers that they will be required to pay actual labor costs articulating the
methodology utilized in computing the hourly rate.