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