Loading...
Minutes - 2010 - City Council - 01/26/2010 - Regular EAGLE CITY COUNCIL Minutes January 26, 2010 PRE-COUNCIL AGENDA: 5:30 p.m. - 6:30 p.m. 1. City of Eagle Police: Lt. Brian Hippe will present the monthly report. Chief Hippe presents the December, 2009 report and discusses the same. General discussion. 2. Ammon Covino will present information regarding the Boise Aquarium. Mr. Covino did not attend the meeting to make his presentation. 3. Trautman's Lawn and Landscape: A representative from Trautman's will present Council information on municipally owned properties. Tal Trautman discusses maintenance issues in the City. 4. Mayor and Council Reports: None 5. City Clerk/Treasurer Report: City Clerk Bergmann presents a financial report. General discussion. 6. Zoning Administrator's Report: None 7. Public Works Director Report: None 8. City Attorney Report: None REGULAR COUNCIL AGENDA: 6:30 p.m. 1. CALL TO ORDER: Mayor Bandy calls the meeting to order at 6:40 p.m. 2. ROLL CALL: HUFFAKER, SHOUSHT ARIAN, SEMANKO, GRASSER. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Troops #321,308,26 & 18 lead the Pledge of Allegiance. 4. PUBLIC COMMENT: Bob Van Arnem, 3049 S. Whitepost Way, Eagle. Discusses the Recycling Program. Has some questions for Allied Waste that the City will send to Allied Waste for their review prior to the meeting. 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 will be placed on the Regular Agenda in a sequence determined by the City Council. . Any item on the Consent Agenda which contains written Conditions of Approval from the City of Eagle City Staff, Planning & Zoning Commission, or Design Review Board shall be adopted as part of the City Council's Consent Agenda approval motion unless specifically stated otherwise. A. Claims Al!ainst the City. Shoushtarian moves to approve the Consent Agenda. Seconded by Grasser. Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: Grasser: AYE: ALL AYES: MOTION CARRIES........... ... Page I K\COUNCILIMINUTES\Temporary Minutes Work Area\CC-OI-26-IOmindoc 6. UNFINISHED BUSINESS: A. EXT -09-09 - Preliminarv Plat Extension of Time for Arbor Ridl!e Subdivision (final platted as Rinl!o Ridl!e Estates Subdivision) - P.O. Ventures. Inc.: P.O. Ventures, Inc., represented by Stacia Patterson, is requesting a one (1) year extension of time for the preliminary plat approval for Arbor Ridge Subdivision, a 149-lot (143-buildable) residential subdivision. The 52.3-acre site is located west of State Highway 55 generally north of Hill Road. (WEV) Mayor introduces the issue. Zoning Administrator Vaughan provides Council an overview the request for the extension of time. A neighborhood representative will address the Council. Brent Jennings, 2675 E. Meriposa Drive, presents a power point presentation and discusses Arbor Ridge Subdivision. Zoning Administrator Vaughan: there is a recommendation of approval before you for an extension of time. All of the conditions of approval associated with the application regulates the overall development so long as those conditions are followed. Discussion on further conditions of approval. The developer is no longer involved with the development in a proactive manner and he no longer has professionals representing him. There is no one left, who has an interest in the development, to come forward and deal with these issues. I understand the property is in transition on ownership and we will be able to look to new owners to take care of these issues. General discussion. City Attorney Buxton: Mr. Jennings has done a great job going over what has happened. The City has undertaken several types of code enforcement action in regards to this property. The City has collected on the developer's Letter of Credit. We can go in under State Code sections and declare a public nuisance. Since we have a potential new owner we do want to work with them. We will continue with code enforcement. The owner does not have legal counsel. General discussion. Huffaker moves to continue this item to the February 9, 2010 meeting and that Staff bring back to us in writing the conditions that we have discussed tonight so that we have something to look at and review the exact language as to the conditions pertaining to Phase 3, Phase 4, the various clean up conditions that we discussed and the item that Susan brought up regarding the money in escrow for the sale in Phase 3. Seconded by Shoushtarian. ALL AYES: MOTION CARRIES.......................... B. Resolution 10-05: A resolution of the City Council of the City of Eagle, Ada County, Idaho, establishing the Eagle City Hall Task Force and providing an effective date. **Public Comment will be taken on this resolution. ** Mayor introduces the issue. General discussion. Mayor opens public comment. Andrew Petrehn, 1299 W. Chaucer Way, I think all 25 people should be on the task force. This is the first time that I ever heard a city attorney say there was something wrong with city code. Discussion on a bond election and purchasing the city hall building. I would say that a bond should not be on an agenda. We shouldn't be in this building. There are other opportunities out Page 2 K:\COUNCILIMINUTES\Temporary Minutes Work Area\CC-OI-26-IOmin.doc there. I read in the paper that the task forth had a year to make their recommendations; I suggest that they take three weeks. This is a very important issue. General discussion. Jeff Kunz, I am one of the 25 residents of Eagle who expressed interest in this task force. I have a couple of questions on the resolution. Does the task force have the ability to look at options in addition to what is stated in the resolution? What sort of criteria should govern the evaluation of the options that will be considered by the task force? General discussion. Jacob Oeaton, 761 N. Dogwood, distributes copies of pages from the Idaho Municipal Guidebook and discusses the same. General discussion. Mark Butler, 1640 E. Washam Road, as I listen to everyone speak and read the newspaper, and see how the market has been changing over the last years. It comes down to time and money. Please understand that what we are paying for this building is ludicrous. Please do this as quickly as possible. One has to set aside any political positions as far as the people on this committee. Discussion on picking the task force members. Saundra McDavid, 1299 W. Chaucer Way, discussion on the formation of the task force and the people on the task force. Discussion on the Mayor breaking the tie vote. Discussion on the city hall lease. Discussion on Ordinance #591. Scott Nordstrom, 2590 W. Timber Drive, my name is on the plaque on the side of this building. I read the newspaper and observe the going on at a distance. This is a financial decision that has to be made. You can come to a conclusion of what a reasonable rate is to lease this building or try to negotiate a purchase price for the building. It would be a shame to leave this facility as it stands as a statement of what this city is. Someday we are going to need this facility. I want to speak to these hidden agendas that exist anymore. I understand that there is a little bit of politics involved Ron Marshall, 740 Palmetto, I applaud what Mr. Nordstrom and Mr. Butler said. You should be able to figure out what to do and an appraisal is a waste of money. It would be a shame to leave this, this building represents Eagle, Idaho. Some people who move here all of a sudden don't like some of the things that we do. We have been up and down this road. Just because some people don't like how we are doing it they can move out. I hate to see so much public criticism that gets out of hand, it is not right we should not be doing this. You can do it yourself without a task force. Save this facility, we own the ground underneath it and the Library is next door. Jeanne Jackson-Heim, 463 Meran Place, discusses why the task force was suggested which I had a little bit of involvement in that. Foad Roghani, 175 S. Rose Bud Way, most of what I was going to say has already been said. This is a function of the Mayor and City Council to proceed. Discusses the purchase price of the building. General discussion. Huffaker moves to approve the Amended Resolution which removed Section 3 and made Section 4 into Section 3 and Section 5 into Section 4; at the end of Section 2 we add the phrase "or any other viable option"; the third line of Section 3 change that to "In no event will the term of the Task Force exceed three (3) months from the effective date of this Resolution". Seconded by Grasser. Discussion. Huffaker amends his motion to remove the phrase "that we would confirm the chairperson". Seconded concurs. ALL AYES: MOTION CARRIES................... General discussion on adding additional members of the task force. Page J K:\COUNCILIMINUTES\Temporary Minutes Work Area\CC-OI-26-IOmin.doc Huffaker moves to confirm all 25 members to the task force. Seconded by Semanko. ALL AYES: MOTION CARRIES....................... Semanko: I would like to have at our next meeting a discussion on our lease. Mayor: I will make sure it is on the February 9th Agenda. General discussion. C. Resolution 10-02: Authorizing the destruction of transitory records. This item was continuedfrom the January 12, 2010 meeting. (SKB) Mayor introduces the issue. Grasser: I did review the documents and I have just a very small pile I feel are historic documents that should be saved. The vast majority looked very begin. Shoushtarian moves to approve Resolution 10-02. Seconded by Grasser. ALL AYES: MOTION CARRIES.......................... D. Resolution 10-03: Authorizing the destruction of temporary records. This item was continued from the January 12,2010 meeting. (SKB) Mayor introduces the issue. Shoushtarian moves to approve Resolution 10-03. Seconded by Grasser. ALL AYES: MOTION CARRIES.......................... E. Review of Council Liaison positions for 2010: This item was continued from the January 12, 2010 meeting. Mayor introduces the issue. General discussion. Grasser will take the Eagle Community Fund and the Industrial Development Corp. Further discussion on the Eagle Transportation Committee/!TD & ACHD. Semanko will continue on the Eagle Transportation Committee/!TD & ACHD and Huffaker will try to make the meetings that Semanko will not be able to attend. General discussion. Semanko continue with liaison for the Sewer District. 7. PROCLAMATIONS & RESOLUTIONS: A. Resolution 10-04: Authorizing the destruction of semi-permanent public records. (SKB) B. Resolution 10-06: A Resolution Of The City Of Eagle, Idaho, A Municipal Corporation Of The State Of Idaho; Amending The Records Retention Manual And Providing This Resolution To Be Effective Upon It Passage And Approval. (SEB) C. Resolution 10-07: Authorizing destruction of transitory public records. (SKB) D. Resolution 10-08: Authorizing the destruction of temporary public records. (SKB) E. Resolution 10-09: Authorizing the destruction of semi-permanent public records. (SKB) F. Resolution 10-10: Authorizing the archiving of public records. (SKB) Page 4 K\COUNCILIMINUTES\Temporary Minules Work Area\CC-OI-26-lOmindoc General discussion on making one motion to approve all of the Resolutions. Huffaker moves to approve Item #'s 7A thru 7F , which are Resolutions Nos. 10-04, 10-06, 10-07,10-08,10-09 and 10-10. Seconded by Shoushtarian. ALL AYES: MOTION CARRIES................. . 8. PUBLIC HEARINGS: None 9. NEW BUSINESS: A. EXT-OI-I0 - Preliminarv Plat Extension of Time for Countrvland Subdivision (PP-ll- 06) - Dan Richards: Dan Richards represented by Randall Whistler, is requesting a one (1) year extension of time for the preliminary plat approval for Countryland Subdivision, a residential subdivision consisting of 17-lots (12-buildable and 5-common). The 6.6-acre site is generally located 14 mile west of Ballantyne Road and 14-mile north of State Highway 44 at 2556 W. State Street. (WEV) Mayor introduces the issue. General discussion. Huffaker moves to approve EXT-OI-I0 - Preliminary Plat Extension of Time for Countryland Subdivision. Seconded by Shoushtarian. ALL AYES: MOTION CARRIES................. ... City Attorney Buxton: on Countryland Subdivision, the neighbors want a condition added to the extension of time that they mow the weeds. Huffaker amends his motion to reflect what the City Attorney just said. Seconded by Grasser. ALL AYES: MOTION CARRIES.................... B. Ordinance 639 (Stillwater Business Park):An Ordinance Annexing Certain Real Property Situated In The Unincorporated Area Of Ada County, Idaho, And Contiguous To The Corporate Limits Of The City Of Eagle, To The City Of Eagle, Idaho; Changing The Zoning Classification Of Said Real Property Described Herein From Rut (Rural-Urban Transition) And A-R (Agricultural-Residential) To BP-DA (Business Park With A Development Agreement); Amending The Zoning Map Of The City Of Eagle To Reflect Said Change; Directing That Copies Of This Ordinance Be Filed As Provided By Law; And Providing An Effective Date. (WEV) Mayor introduces the issue. General discussion. Huffaker moves, pursuant to Idaho Code, Section 50-902, that the rule requiring Ordinances to be read on three different days with one reading to be in full be dispensed with, and that Ordinance #639 be considered after being read once by title only. Huffaker reads Ordinance #639 by title only. Seconded by Shoushtarian. Discussion. ALL AYES: MOTION CARRIES................. Huffaker moves that Ordinance #639 be adopted. Seconded by Semanko. Huffaker: AYE; Shoushtarian: NAY; Semanko: AYE; Grasser: NAY: MAYOR: AYE: MOTION CARRIES................................ ... 10. ADJOURNMENT: Huffaker moves to adjourn. Seconded by Shoushtarian. ALL AYES: MOTION CARRIES... Page 5 K\COUNCILIMINUTES\Temporary Minutes Work Area\CC-OI-26-IOmindoc Hearing no further business, the Council meeting adjourned at 10:00 p.m. Respectfully submitted: JA~_ - SHARON K. BERGMANN CITY CLERK/TREASURER PH LLIP J. BANDY MA YOR ,".......,' ,\" I" .... C I T y "" .......... ........ 0 ~ -"'_ .. ._ e.. :.. .. COR/> .. ~ '. :.. 0 ..-Y~ : V:J :~ l' ~ Cl : : ~ :~.n '. 7. · l : : ';l> .0 ~-.,... , ...;: : . ,.." ~4 m. tT7 . .. ~..., 'I .. ~ ...... ..0.... /" .. : "". \.10' ..r.., ~ . . -', 0 ...1"En 191 '..-.. ,,: """ ~ I ....... ..' '" DA HO ", """ 11..11""" A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT EAGLE CITY HALL Page 6 K:\COUNCILIMINUTES\Temporary Minutes Work Area\CC-OI.26-lOmin.doc EAGLE CITY COUNCIL PUBLIC 4igiiiiteiG SIGN-UP omm-ep Resolution 10-05: A resolution of the City Council of the City of Eagle, Ada County, Idaho, establishing the Eagle City Hall Task Force and providing an effective date. January 26, 2010 NAME 4)k'i L‘,vnJ ADDRESS TESTIFY PRO/ CON or YES/NO NEUTRAL 1 Zir a4e262,7 Yf> -4.1 A. I orak►acs, (208) 466-0690 TRA UTMAN LAWN & LANDSCAPE City of Eagle 660 E. Civic Lane Eagle. ID 83616 5061 Ustick Road, Nampa, ID 83687 January 26. 2010 Re: Update of landscape maintenance services on City owned properties Dear Mayor & Council Members. Trautman Lawn & Landscape Company has completed all the fall services listed in the 2009-2010 landscape maintenance contract. We have evaluated the sites and have a few recommendations for the City. DRAIN 15 (Located between Eagle Rd & 2"d Street) • Drain 15 has safety issues along both sides of the ditch between 2" Street and Eagle Rd. Several large dead trees pose potential safety hazards to property and pedestrians on the adjacent walking path. Downtown Street Trees & Eagle Rd. Street Strips • Non- routine irrigation repairs are needed in front of the Paint Store located on the south side of State St. west of I leritage Park. Possible root damage to lateral lines restricting water flow. • Removal of dead or dying trees Tree Grates • We'll continue to monitor tree grates for safety hazards. • May need to remove dirt buildup in the tree wells. Merrill Park • Lodge pole fence along south border is in disrepair. Recommend repair or removal. • Vandalism to irrigation system occurred last fall and continues to happen occasionally. Hwv 55 Grant Trees • Manual watering required. No irrigation tie in available Services Performed October / November 2009 PROPERTY NAME Merrill Park Guerber Park Sports Complex Friendship Park Orval Krasen Park Eagle Road Strips Pathway Plaza Park City Hall Library Scenic Byway [West Entry East Entry North Entry Heritage Park Senior Center 1st Street Parking Lot Downtown / Flag Plaza Ranch Drive Lawn Winterization of Deeproot Fertilization Irrigation Systems Fertilization of Trees 10/6 11/2 11/12 10/7 11/3 11/13 10/7 11/3 11/11 10/7 I 11/5 I 11/16 10/9 1 I 11/5 11/16 10/7 11/11 11/17 10/7 10/8 10/8 10/8 10/2 10/8 10/8 10/2 10/8 10/8 N/A NiA N/A 11/6 11/18 11/5 11/17 11/6 11/18 Fall Cleanup 11/30 11/30 11/30 11/30 11/30 11/30 11/30 11/30 11/30 11/30 11/30 11/30 11/30 11/30 11/30 11/30 11/30 11/30 11/30 All turf areas were mowed 4-5 times and Fall Cleanups were performed throughout October & November. Additional Work Performed throu2hout City properties last fall ✓ Edging of turf borders ✓ Over -seeding of dead turf areas ✓ Vegetation control to borders & right of way areas ✓ Weed control to turf and planting beds ✓ Irrigation reviews & adjustments ✓ Routine irrigation repairs ✓ Mowing & cleanup of fescue areas at Merrill Park & Guerber Park ✓ Mowing of overgrown weeds at Sports Complex. Scenic ByWay, North Entry Sign, Drain 15, & Senior Center. ✓ Shrub trimming ✓ Removal, modification, and reinstallation of tree grates that were a safety hazard along the Downtown Street Trees. ✓ Replaced irrigation controller at the North Entry Sign ✓ Mainline irrigation repair at Friendship Park ✓ Orval Krasen Park — repaired fence rail ✓ Removed dead tree at 247 N. Eagle Rd. ✓ Applied insect control to affected shrubs at the Library ✓ Applied fungicide to affected pine tree at Heritage Park Serine Work Schedule (Feb./ March) Spring cleanups & pruning Core aeration of turf at Merrill & Guerber Parks Over -seeding of dead turf areas (capture any areas that didn't;germinate last fall) Vegetation control & pre -emergent weed control to beds as needed Dormant oil application to trees Begin mowing services (late March) Irrigation activations & reviews (late March) Please feel free to contact us at anytime to answer questions or provide tours of the City properties. We look forward to providing the landscape maintenance services to the City of Eagle. Thank you. Sincerely. Tal & Jennifer Trautman Trautman Lawn & Landscape Company ADA COUNTY GARY RANEY,SHERIFf Cc– /--,„2-/(2 City of Eagle Police Monthly Report December 2009 Group A NIBRS Crime* Person Crime* Property ('rime* Society Crime* Total Felony Misdemeanor # of Reported Crimes 80 60 40 20 0 2008 122 342 79 543 1"TD 2009 97 282 84 463 Clearance Rate 2009 71.1% 24.8% 89.3% 46.2% 2009 October November December 10 29 3 42 224 209 36.4% 22 319 254 54.3% 20 5 26 33 20 13 mill __lam _EN _— Jan Feb Mar Apr Person Property 12 28 3 43 14 29 May Jun Jul Aug Sep Oct Nov Dec Society 2008 Monthly Average City of Eagle Population COMPASS 2008: 21.090 COMPASS 2009: 21,370 Change 1.3% Group A NIBRS Crime Rate YTD (per 1,000) 2008: 25.7 2009: 21.7 % Change -15.9% 2008 Clearance Rates Person: 81.5% Property: 28.9% Society: 96.2% Total: 50.3% Felony: 36.9% Misdemeanor: 59.6% As of February 2009 Cooup ', ,1I3R\ t time include the Pet ,i. Ptop,tn.arid \ I'lten,: eate,•I iIntcd 'I'el•on Cnluc• \ •,:wll 1 hm t,ide. 1.Idnapptm_ \hd oenott 1 ,n.tlde ,Ind '.on -liar., I t >II.n •3:. PI Ipertc f11111... ,\r.on Bnbelx l3uti l ii l mullnlrilii I nlr3rt I) rhuChuu 1>arnat't \,indahaut Of hopLH\ ulhezrlCilkIi.1.\tortiim FII:uhmm' ratid (Alen, \.t. licl) n;e,. Motor b.htele 1helt Robber+ tilulen Pnlpetb , ,.•..IC?, 1. tune, I )rtliz \.ticunt 1 Ill.11 :. t I.nnbhn0. Pitt unel.grllt 1lh�u•m \1x0. nal I'I n.tnnhun. \1 .intimi .nt \ l,tlauon. Police Activit. Calls For Servicei- Total Response Time Code 3$ Response Time Officer -I nitiated Proactive+ Reports (DR's) Arrests§ Citations # of Incidents 2000 1500 1000 500 0 YTD 2008 2009 4.056 4.127 6:39 7:00 2:51 3:02 8.792 8.788 3.428 2.889 October 312 7:17 1:56 1.272 308 1.807 1.620 114 492 419 34 2.247 1.594 148 2009 November 321 7:03 3:01 595 251 120 15 87 • December 298 7:21 3:55 515 291 122 34 49 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec immi Calls For Service Pro,lded Bt ACSD,CAlllh Officer -Initiated Proactive 2008 Monthly Average December 2009 Top Calls For Service Burglary Alarm Vandalism Report Auto Accident Non -Injury Suspicious Vehicle 'l ail, 1 Cu Sie-,It. Cittreil _encrded tells It(11. new-t•net>ttn., uumher end Bell pb,,nr, nhl,L'.rled 11011 ▪ ltticcl-Illltt:ltefl Frani: ,h,p, rcld mierl lltt< tlae d„teu, A t Inreu Cunt ICI uuuldle,,ted tune -Pro;teutr 1 >thNttedPatrol,:tl utetingle ent.,tcetncm. . pmhlenl,oltme tmi,ttli.altd tittle 'I ode l all re.lmring an 1lnereentt Ite.pna>. tt heel, Hie i,t mm,. n1 t111 1,ihlntn:• t„IttiltI,m* I, helt,t ed to t•\I I ;tiueu,,n in, nit e . nnunncm polenn.d Ine •ti mmm Mott or,le,lh to ant pet<uu, 111 oltlet 10 pie tcrtl of hall n Cnm,: Of ✓ iolence tchcu tt Sefton; pullhc h,v.ud e\tjts oI 311 1 lent+ re,pon,c n111 .nh.nt_c 1133 likelihood 1 epprhlbending a lr_I itt > t.pe,t \Ire•:; total are h.t,.d :,n th. ;n:.i In 1113* 11 the 1 71ll:d cunt ,�Llu;teil Data obtained from Nen World CAD Legact AS4(1il ISTARS and ITD WebCars databases Data quened 111311(7 Page 1 of 2 Property Crime Vehicle Burglary' Residential Burglary Commercial Burglary Construction Burglary Vandalism Other** Total Construction Site Checkh Property/Security (heck YTD 2008 69 37 15 7 78 136 342 2009 33 35 14 1 66 133 282 21109 Decem her 0 5 0 14 8 28 931 404 25 1.913 1.799 199 —Other Proper(} (.'rinlcc include: 40 E 30 u v 20 o. 10 al 0 0 20 400 C (13 LL 0 0 T 2 D 3 W N O 7 0 Z v A Burglaries & Vandalisms (Construction Site/Property/Security Checks It, 'ben (_o minter—leanly!roge1\ I'mh,/JI n1Lnt. 1 ctuitinn Biacl,nlail 1,uud 1 3tt.211% .ehlcte Itirlt Rubber. died Stolen I'ioprr: (,tent., # of Checks I;atl.rnc nl (uuhtruct,ct tine (iiraa . heaan m \1,11,11 20,17 Traffic Crashes Property Damage Personal Injury Fatal Total Alcohol -Related Crashes Traffic Stops DUI Arrests DWP Citations Moving Citations # of Crashes 25 20 15 10 5 0 YTD 2009 2008 2009 October November December 145 131 11 14 16 84 72 5 8 4 1 0 0 0 0 230 203 16 22 20 14 4 0 1 0 6,404 6.823 1,107 422 353 86 79 5 4 7 114 146 11 9 3 1,171 778 68 40 20 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Property Damage Personal Injury _ Fatal 2008 Monthly Average October - December 2009 Top Crash Intersections Highway 44 & Eagle Rd Eagle Rd & Chinden Blvd Highway 44 & Edgewood Ln State St & Highway 55 Highway 44 & W State St Eagle Rd & Riverside Dr Eagle Rd & Plaza Dr State St & Horseshoe Bend Rd December 2009 Crashes by Time of Day 0000-0600 hrs 2 0600-0900 hrs 3 0900-1200 hrs 4 1200-1500 hrs 5 1500-1800 hrs 3 1800-2100 hrs 2 2100-2400 hrs December 2009 Crashes by Day of Week Sunday 3 Monday 5 Tuesday 4 Wednesday 1 Thursday 5 Friday 1 Saturday 1 December 2009 Top Crash Contributing Circumstances Speed Too Fast For Conditions Following Too Close Failed to Yield Pro,lded Rs ACSO.CAL'Data obtained from Ne„ World. CAD Legacs AS -Ion (STARS and lTD N ebfars databases Page 2 of 2 Data quened 1113+111 C' /--„z&--/o. Idaho Municipal Guidebook Chapter 2 ROLES AND RESPONSIBILITIES SEPARATION OF POWERS DOCTRINE Under our political system at the federal, state, and local levels, governmental powers are distributed among three branches: legislative, executive, and judicial. The city council's role is analogous to that of the Legislature in establishing local public policy; whereas, the mayor heads the executive branch. Idaho city government structure reflects that philosophy, now firmly embedded in our society, known as the "separation of powers doctrine." Under that doctrine, each of the branches exercise certain defined powers, free from unreasonable interference by the others branches; yet all branches interact with and upon each other as a part of a check and balance system. While not a definitive guide to intergovernmental relations, it is a dominant principle in our political system. Idaho statutes provide for two forms of municipal government: mayor -council and council- manager. All cities have mayor -council forms unless they have taken steps to implement the coun- cil-manager plan as set forth in Chapter 8 of Title 50. Only three Idaho cities currently use the council-manager form: Lewiston, Twin Falls, and McCall. THE MAYOR -COUNCIL PLAN The mayor -council system is the most common form of government in Idaho. The executive branch of the city, headed by the mayor is responsible for the day-to-day administration of city affairs. The council is comparable to the state Legislature in that the council has the legislative or policymaking powers in the city. THE OFFICE OF MAYOR Qualifications, Term, Vacancies Mayors are elected at -large on a non-partisan ballot for a four-year term. Any individual is eligible to serve as mayor as long as he/she is a qualified elector of the city both at the time of elec- tion and through the duration of the term in office. If, during the mayor's term, there is a temporary vacancy in the office due to absence or disability, then the president of the council temporarily fills the position and assumes the responsibilities of the office. However, if the absence of the mayor becomes permanent (death, resignation, disability), the city council must appoint a new mayor from within or without the council who will serve until the next general election. Powers and Responsibilities The mayor is the chief administrative officer of the city, and as such, is granted the power: • to preside over and determine the order of business for all city council meetings; Page 3 Idaho Municipal Guidebook • to administer oaths and sign contracts on behalf of the city; • to call a special meeting of the council, with or without council consent; • to appoint and remove members of committees, boards, and commissions, with council consent; • to fill vacancies on the council, with council consent; • to appoint the necessary city officers, such as the city clerk, treasurer, and attorney with council consent; • to require any accounts and reports pertaining to a city official's office to be submitted to the council in most instances; • to cast a tie -breaking vote when the council is equally divided. However, ordinances or actions that require an affirmative vote of a majority (one-half plus one) of the full coun- cil limit the tie -breaking authority of the mayor. Examples of ordinances that require such majorities are: franchise ordinances, council confirmation of mayor's removal of an appointed official, and suspension of rules on reading ordinances. • to veto proposed city ordinances. The mayor must submit his "veto message" (objections in writing) at the next regular meeting of the council. If such written objections are not delivered, the ordinance becomes law without the mayor's signature. A veto can be overridden by a majority of the full council. • to provide police powers to preserve the peace, protect public health and safety, and regulate various types of functions (public places, zoning, businesses, etc.); and • to perform marriage ceremonies. THE COUNCIL Composition, Qualifications, Terms, Vacancies In a mayor -council form of government, the council is composed of either four or six mem- bers. In order to provide for continuity in council membership, council terms are staggered so that only half of the member's term will expire in any given general election. The only qualifications necessary for holding a position on the city council is that, at the time of election, the person must be a qualified elector and continue to be a qualified elector through the duration of the term in office. A vacancy on the council shall be filled by appointment made by the mayor with the consent of the council. The appointee serves only until the next general city election. At the election, the vacancy shall be filled through the election process for the balance of the original term. Page 4 Sterling Codifiers, Inc. http://www.sterlingcodifiers.coni/codebook/getBookData.php?id=&ch... Chapter 4 BOARDS AND COMMISSIONS 2-4-1: BOARD CREATION, TERM AND QUALIFICATIONS: All boards, commissions or committees providing advice to, or acting on behalf of, the city and not otherwise specifically set forth in this code shall be created by resolution of the council. Such resolution shall include the term of the board, commission, or committee, the number and qualifications, if any, of the members and the term of office of each member. (Ord. 286, 1-28-1997) 2-4-2: APPOINTMENT, VACANCIES, AND REMOVAL: Members of boards, commissions and committees created by the council shall be appointed by the mayor and confirmed by a majority vote of the council. All vacancies shall be filled in the same manner as original appointments, and members may be removed by a majority vote of the council. (Ord. 286, 1-28-1997) 2-4-3: REFUSAL TO CONFIRM APPOINTMENTS: If the city council shall refuse to confirm any nomination, the mayor shall then, within ten (10) days thereafter, nominate another person to fill the board, commission, or committee position and the mayor may continue to nominate until the mayor's nominee is confirmed. If the mayor fails to make another nomination for the same position within ten (10) days after the rejection of a nominee, the city council shall appoint a suitable person to fill the office during the term. The affirmative vote of one-half (1/2) plus one of the members of the full council shall be required to confirm any nomination made by the mayor. (Ord. 286, 1-28-1997) 1 of 1 1/26/2010 2:54 PM CG /-02 .-/0 January 26, 2010 Eagle City Council Meeting Public Comment I would like to see a more thorough review of the cost of the comingled recycling program before it is a done deal, so to speak. In part, because some residents of Boise spoke at our public hearing, I called Boise City and Ada County to find out the waste collection costs for their residents. What I learned was confirmed by a call to Allied Waste: The 95 gal. trash container charge in Boise is $17.80/month if the resident does not recycle. There is no add-on rental for the trash cart, as we pay, and there is no cost for the comingled cart. If a resident recycles, they receive a $4.00 per month discount and pay $13.80. Smaller trash carts of 48 gal. and 65 gal. capacities are available for $1.00 less per month, per cart. The residential service fee was reduced to compensate for the trash cart. There is an itemization for the trash cart so that tax is collected. There is no unlimited pick-up, but there are a couple periods during the year, spring and fall, when there is unlimited pick-up of yard waste for a limited time. Presently, we pay $18.31 per month, including the 95 gal. cart rental and tax., for unlimited pick-up, which we have kept year round because of the yard waste in spring and fall, even though we mulch the grass. We do our own landscape maintenance, and our trees have grown substantially during the twenty years we have lived in our residence. They require pruning and they drop many leaves. The rest of the year we do not require unlimited pick-up. Our 95 gal. gray cart is typically half full or less during this time, as would be a wheeled comingled recycling cart throughout the year. The elimination of unlimited pick-up in Eagle, depending on the program substituted, could present us with both a logistics problem and significant cost increases for disposal of the yard waste. I don't wish to borrow trouble, but I am afraid that the elimination of unlimited pick-up is the next step in modifying our waste collection and that it will be "pushed", or priced so high that residents opt out. The 18 gallon recycling container is adequate for our needs. With grown children, not living in our home, we do not generate the waste, hence the recyclable waste, that we once did. We have endeavored to reduce our living costs, not increase them. We would like to have the option of comingled recycling using the 18 gallon container at no increase in our current waste collection cost. Philosophically speaking, if the enthusiasm for recycling is driven by a concern for waste going to the landfill, and waste in general, then why would people like ourselves, who generate less recyclable waste and less waste in general, not be rewarded instead of being required to pay for a "one cost fits all" recycling cart when the current container works for us? These are some questions for Allied Waste that I would like answered directly: ---Why does it matter to Allied Waste that the 18 gallon container be eliminated if introduction of the wheeled cart program is not, in fact, an across the board rate increase for Allied Waste at a time when there is a contract in effect that ties rate increases to the CPI for all Urban Consumers, Western U.S.? Until commented by Allied Waste in the public hearing, it was not clear that all households would be charged for the wheeled comingled cart, whether they wanted it or not. Does the current contract require an amendment for this, since it presently states that, "At no fee to the customer, Contractor shall distribute one recycling bin to each residence..." (p.12)? ---Why are we being charged for a wheeled comingled recycling cart that is not charged to Boise or Ada County residents? Why are we being charged an add-on rental fee for our trash cart when Boise and Ada are not? ---If, in fact, 80% of Eagle residents currently recycle, as commented by Allied Waste, why are we not being rewarded for recycling by a reduction in our service charge to compensate for the wheeled cart charge, and a discount for recycling, as is the case in Boise and Ada county.? ---Why, if a resident does not require a larger wheeled cart to meet their every other week recycling needs under the comingled program, will they be required to pay for it? What happens to all the 18 gallon containers that are being used now? ---How will the depreciation charge appear on our bill? Will it be included in the "residential service" charge, as is the 18 gallon recycling container? If so, future increases tied to the CPI for All Urban Consumers, Western U.S., will be calculated including the depreciated cart cost, so the total cost for the cart will be more than the depreciated cost alone. Or, will the depreciated cart cost be a separate line item on our bill ---as is the gray cart ---and will it be taxed? ---If the "charge" for the l 8 gallon container is included in our residential service charge, as commented by Allied Waste, should not the depreciation charge for the comingled cart be somewhat offset by this, or should the "hidden" 18 gallon charge be eliminated, thus reducing our residential service charge, before the depreciated charge for the wheeled comingled cart is added? If not, we will pay the existing "hidden" charge for the 18 gal. container included in our current residential service plus the comingled cart charge. In any case, we will pay $81.00 or more for a $50.00 comingled cart, regardless of the size cart a resident chooses. There is no monetary incentive to generate less waste. Regardless of the amount of money involved, I believe the comingled "service" with a rate increase deserves more scrutiny. Thank you. ---- Bob Van Amem