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Minutes - 2026 - City Council - 06/29/2026 - Town HallEAGLE CITY COUNCIL MEETING MINUTES June 29, 2026 1. PLEDGE OF ALLEGIANCE: Mayor Pike leads the Pledge of Allegiance. 2. CALL TO ORDER: Mayor Pike calls the meeting to order. 3. ROLL CALL: GILLIS, KVAMME, MAY, MERRILL. Gillis, May, and Merrill present, Kvamme absent. A quorum is present. 4. TOWN HALL MEETING: The City of Eagle is pleased to invite all Eagle residents to attend the Town Hall meeting. This time is reserved for the public to address their elected officials regarding topics of general interest or concern. We desire to have all interactions between the public, staff and elected officials to be conducted in a professional and civil manner. Therefore, comments are to addressed solely to the Council as a whole, and focus on the issue, avoiding personalized debate, and shall not make personal, impertinent, slanderous or profane remarks to any member of the Council, staff or other members of the public. Out of courtesy for all who wish to speak, the City Council requests each speaker limit their comments to three (3) minutes. Please Note: Due to Idaho Statutes public hearing regulations associated with land use applications, discussion/testimony of any pending application before the City must be reserved for the date of the officially scheduled public hearing noticed for City Council or the Planning and Zoning Commission. Frank Diagosini, (refused to give address) has concerns with the Eagle Sewer District water reuse project. r, Gina Longhorn, resident of Star, and utilize armer'�` VATod Warer for her pasture. She has concerns about the Eagle Sewer District reIfs e p�tijec�t. ` 4W qU Dana Hoffstedder also has concerns with the��se pl oegt.,It�seSous problem in Eagle, and it is all about money. $ ',�� ; r,�„„�. f • rF Katie Sullivan is a resident of Eagle and also hasc s, yi'the reuse project. Karen Whitaker is a resident of Eagle and also has concerns with the reuse project. Sopia, 1355 West Washam Road, Eagle, Idaho, has concerns with the reuse project and is disappointed that there has not been any public outreach. She requests that the City writes a letter to Eagle Sewer District. Sandy Ohaleren, lives in Bella Terra Subdivision, has concerns with the reuse project. Nancy Coah is a resident of Eagle and does not support the reuse project and was never contacted about the project. She requests removing language from the City of Eagle Comprehensive plan associated with Eagle Sewer District. Travis Chase, 28 Riverview, Eagle, Idaho. His family has owned 70 West Floating Feather, Eagle since 1902 and has concerns about the reuse project. The City of Eagle needs to represent the City as a shareholder of 10 shares. Page 1 K:\COUNCIL\MINUTES\CC-06-29-26minsp.dou Kathy Bennett also has concerns about the reuse project and recommends discussing the reuse project at the HOA meeting coordinated by the City. Mike Chase, 70 West Floating Feather, Eagle, Idaho has concerns with the reuse project. This project affects everyone in our community. Nancy Shears requests that the City consider a resident council regarding this matter and other topics. General discussion amongst the audience and the Council regarding the reuse project. Kenny Hebert, 2396 West Buckhorn Court, has concerns with the reuse project. He questions why they can't filter it to the Boise River. Does the City monitor how much water is available in the aquafer when developments come in. There should be a system in place for monitoring. General discussion regarding the aquafers in Eagle. Erin Spear is resident of Star; her sister is a shareholder and is also concerned about the reuse project. With the City not taking any action, this could set a trend for other communities. Margret the DEQ Water Guidance Development meeting is on Tuesday, July 7 at 2 pm located at 1410 North Hilton Street, Boise, Idaho. 5. ADJOURNMENT: May moves to adjourn. Seconded by Merrill. ALL AYE...MOTION CARRIES. Hearing no further business, the Coun�lling was adjourned. N. CSENCSITS, ( CITY CLERK APPROVED: MAYOR L.SEAL,q AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT WWW.CITYOFEAGLE.ORG. Page 2 K:\COUNCIL\MINUTES\CC-06-29-26minsp.doa Hi — my name is Katen Whitaker and I'm an Eagle resident and Farmer's Union Shareholder. 2021 In 2021, after heavy criticism and public opposition, the City of Boise cancelled a contract with the Farmer's Union Ditch Company that would have released Class A Recycled Wastewater into the canal. That same year, the approved Valnova Master Plan discusses ideas for wastewater disposal and it says, "It is noted that actual discharge into the canal has not yet occurred from the City of Boise, in part because of significant public resistance." Therefore, it was well known by Eagle Sewer District in 2021 that Farmer's Union water users did not want treated sewer water in the canal. 2024 Fast -forward to 2024, and Eagle Sewer has now signed their own contract with Farmer's Union Ditch company to discharge their wastewater into the canal. TODAY Pursuant to Idaho Code 39, the DEQ has adopted rules to protect the environment and health of the citizens of Idaho. Those rules outline very specific criteria required of Wastewater Facilities when releasing Class A Recycled Wastewater onto public and private Lands. Some examples include: 1. Consent by the water users to take Recycled Wastewater on their properties. 2. Warning signs everywhere irrigation is used in public areas, including parks and schools 3. Placement of drinking fountains, picnic tables, food establishments and other public eating facilities out of any spray irrigation areas. These are just a few of the examples. Although it's often true that it takes government regulations decades to catch up to the science, there are basic rules already in place in Idaho that the City of Eagle can use to protect our community. Who is going to pay for this? Has the City of Eagle budgeted for these additional costs? The Shareholders of Farmer's Union and the Communities of Eagle and Star have spoken loud and clear this year that we don't want this wastewater in our irrigation. Hundreds of letters, emails, and phones calls have gone unanswered by Eagle Sewer District. To be clear, there has been NO response or community outreach by Eagle Sewer District since this was made public in December. We showed up here on April 13t" to comment after the Eagle Sewer Presentation and again, that feedback was ignored. According to Eagle Sewer in their own words, "The messages received didn't change the ESD resolve to move forward." -text messages from Neil Jenkins, -1 day after the April 131h, 2026 City Council meeting when the public commented against this wastewater agreement. At the following Eagle Sewer Monthly Board Meeting, Mr. Jenkins gave an update to the Board and employees on the Council meeting and said it went "great". There was no mention of the 100+ people who attended and those who spoke out against the wastewater deal. Is that how everyone here remembers it? The Farmer's Union Board is also asking to get out of this agreement, and have been given the run-around on what that would take. Eagle Sewer seems to lack the willingness to engage in meaningfully discussion. Chapter 2 of the City of Eagle Comprehensive Plan is titled: Property Rights. The entire chapter is about private property and states, `AII land use decisions made by the City of Eagle pursuant to this comprehensive plan shall protect fundamental private property rights." I love that. That is Idaho. I'm asking the city to encourage Eagle Sewer District to end this unwanted agreement with Farmer's Union Ditch Company. The people have spoken, but are being ignored for the sake of profit. If they will not end this, I encourage you to follow the City's Comprehensive Plan to protect our property rights, groundwater and health, dig into the DEQ regulations and pass your own laws if needed, to protect our community from unwanted wastewater dumping on our private properties. I'm asking you to be on the side of the people on this issue. I have a quick story. Last week my son was at a Challenger soccer camp at Guerber park. My daughter and I spent the days, sitting at the picnic tables, watching him. The tables were speckled with residual irrigation water from the nighttime sprinklers. Throughout the week the sprinklers were running on various areas of the park, and on the final day, all 40+ kids and coaches ran through the nearby sprinklers, sliding in the water and probably inhaling a fair amount. All I could think about was that in a year, that water could be full of wastewater - PFAS, pharmaceuticals, and other unknown harmful chemicals. It's not just the Farmer's Union Shareholders being impacted by this agreement; it's the entire community. DocuSign Envelope ID: 7F353541-A6BA-4BD4-8AD7-F3B5DD2428BF 262-1 110,llAXn Mtdkv �1 1 TECHNICAL MEMORANDUM I WASTEWATER TREATMENT PLANT DISPOSAL ALTERNATIVES REASSESSMENT IRRIGATION WATERWAY DISCHARGE Similar to the surface water discharge option, treated effluent could be discharged into a local irrigation waterway. The most likely irrigation waterway, because of proximity, is the Farmers Union Ditch (Ditch) under an agreement with the Farmers Union Ditch Company (Farmers). The Ditch runs along the southwest corner of the development. The distance to the Ditch varies but is as near as 10 ft of the proposed WWTP site. This irrigation waterway is a delivery facility to agricultural lands. Consequently, its hydraulic capacity gets smaller as it proceeds southwest (downstream). The Ditch alignment near the Spring Valley wastewater treatment plant is illustrated in Figure 3. :.^igure 3 f am ers Union C nal raliur,men;: Near Spring Valley WWTP In 2014, the City of Boise and Farmers entered into an agreement (see Appendix A) that authorized the City of Boise to discharge treated wastewater into the Ditch. It is understood that under the City of Boise agreement, once the treated effluent is discharged into the Ditch, it is not subject to NPDES or IPDES requirements. It is noted that actual discharge has not yet occurred in part because of significant public resistance. With that said, based on phone conversations with representatives of Farmers, they look favorably on the practice. They are also willing to consider similar agreements depending on the circumstances and water quality. ALLIANCE CONSULTING I KA 220147-000 GLE SEWER DISTRICT _Customer Satisfaction and Long -Term Planning Survey 1. Overall, how would you rate the service you receive from Eagle Sewer District? Excellent I:::- Fair Very good L. Poor ❑ Good 2. How do you pay your monthly sewer bill? Online ❑ In person 3. How can we improve your experience paying your bill? 4. What was your first impression of Eagle Sewer District? El Very positive ❑ Somewhat positive C-; Neutral S. What are the top two things you like about Eagle Sewer District? 11 By mail ❑ Bill pay service Somewhat negative L.1 Very negative 6. How can we improve the service you receive from Eagle Sewer District? 7023 ahh�. suwey -lo 1�6p�� Oh�1, J 7. What do you think of when you seethe sewer cleaning truck in your neighborhood? Pick one. Wonderful, Eagle Sewer District is f:::::1 What is that big truck in my cleaning and maintaining our sewer lines. neighborhood? ❑ My plumbing venting is poor and sewer ❑ Great, another nuisance. mainline cleaning will make my toilet bubble and gurgle. 8. How would you rate the following priorities, in order of importance? 1 being the most important. _Reliability- used water leaves my property when I'm done with it. _Cost- keep rates as low as possible by doing the bare minimum sewer cleaning and water cleaning /renewal. _Water self-reliance — help make Eagle more water self-reliant by cleaning the water to be used for irrigation or replenishing groundwater in Eagle. ____Environment stewardship- clean the used water to levels that are best for plant and water life. 9. Where should the water go once it is cleaned and renewed? 1 being first priority use. _In the Boise River (Eagle Sewer does this now) ____Filtered through the soil to replenish the groundwater (like surrounding areas do) Put into canals for farmers' use in irrigating crops (like surrounding areas do) 1 15 IS ►ryllS�ead' `� e _Used for pressurized irrigation for parks and lawns (like surrounding areas do) )aw_ 2d 23 Further cleaning and renewal to be drinkable water (no surrounding areas do this, yet) J 10. How much would you be willing to pay above the bare minimum each month for Eagle Sewer District to clean the water to be used for irrigation or replenishing groundwater to make Eagle more water self-reliant? $1-5 ❑ $5-10 ❑ $15-20 ❑ $10-15 ❑ $0 Public Outreach Preliminary Results 8. How do you rank the following priorities, in order. 9. Where should the water go once it is cleaned and , of importance? Top being most important. renewed? Top being first priority use. Reliability- used water leaves my property when I'm done with ... Used for pressurized irrigation for parks and lawns (like surrou... Put into canals for farmers' use in irrigating crops (like surroun... Cost- keep rates as low as possible by doing the bare minimu... Filtered through the soil to replenish the groundwater (like Burr... Water self-reliance- help make Eagle more water self-reliant by... In the Boise River (Eagle Sewer does this now) Environment stewardship- clean the used water to levels that a... Further cleaning and renewal to be drinkable water (no surrou... 10. How mmi uch would you be willing to pay above the bare minimum each ninth for Eagle sewer District to clean the watat to be used for irrigation or replenishing groundwater to make Eagle more water self-Miant7 . 40% W10% 20% 30% $0 0% Tex+ Merits bit4tu eeh J\J.c% 1 -,56l 'ns Cpsp) a► d Thursday. January 30, 2tf.25 ° 9.33AM �C.AY 1 � I��J li� 11� l•v 1 I-exting Wm Th fl¢ln browen :.. Hi Neil, Thanks for talking; Suckhorn HOA meeting is Tuesday March 25th at 7 00 pin, Address: 4411 N Croft Place or Eagle Sewer District depending Of', weather. Bert Brbweri 4411 N Croft Place 7si0 pm 8uckhorn subdivision off Beacon Eight Thanks Neil! Good work, Neil! Thank you, Bert Monday, March 24, 2025. ° 9:36AM Tuesday, March 25, 2025., Q:33PM Wednesday, March 26, 2025-8:Q7AM i thought it went well too. Any excitement or hard questions after I left? I have to call a neighbor back that wasnt at the meeting, I'll let you know after that but the response 1 got right after the meeting was you did a great lob, Glad It was well received. Thursday, May t, 2025 -10s 03 AM Hey Neil, You should have the two emaiis i sent you. 1 wouldn't mind talking about them a bit, Bert Thursday, Apr g - 1:40PM o Thanks for talking and I did see both FUD and ES fetters. See you next week Tuesday, Apr tk ° 8.48AM ��'}'� �hQ ��yA cA r i i Neil, MittWhth lbe 01C Mww vkd I was sent a Facebook post from someone who attended the ES meeting Oh C✓ �� yesterday- She said you received 'ail outpouring of emaiis`. She didn't say what the ernalls sand, For, against, mixture? L CO�m� Mixture- Mostly against from star. Some not ESD or FUD patrons, Some major �e 1 1 Los T /t in favor - Emmett lateral, eagle hills golf, etas, VM J �o.V(Y1NS tAn�G� lie Gl�a �['} � ✓ The messages received didn"t change the ESD resolve to move forward, That works see you then. At the sewer plant correct? Yes please. Confirm confirmed see you then Thursday,, Jana% 10 13 AM Hi Neil, do you have Junes Gruber contact number? We had our first FUD board meeting with our new board last night and need to schedule a meeting ` with hint. Thursday„ fan yZ - 2_55 PM Let me chat with film and see what he Is up for.. Monday, Feb 9 , s i,l Pm Did the morning of the 19th work to :meet? That worked for everyone on the FJQ board at your place? Q ff Feb 19 at 10 an, right? I'rn pretty sure you and I spoke about that... Let me check with Jim and Terry, That doesn't sound familiar, but were likely open to it if schedules work, Thanks, t was able to get everyone to agree on a time, Take care Neil. Tuesday Feb 10 - 8:31 AM The 19th at 10 at out downtown office works for us_ Anything we should be 16+ me - nj ►i(" k' ,%' Prepared to discuss on our side? Tuesday, Feb 1A • 4:4OPM wY) an aden f CaVla I .lust to confirm, the attendees at this meeting are limited to your board and my chair Jim, dice chair Terry and myself. No one else is coming, correct? Your attorney is welcome, but patrons at large areal"# My attorney isn't invited; We'd like to keel; the group concentrated for this conversation. I'm on the same page as you, it was lust our board going to come. Andy wasiTt even going to conle. meet andhave a conversation. Gosh the FB com merits on Brad pikes major minute,,. f C�ww�� aVYYVL - CvA fllse> Nme� DcUc � ,MeMn ev Who -�O- �h`� peal `�Ot� c"I ► �✓ W i V, -TSP That's a good plan. We don`t want naysayers coming to pack the house, I don't do Facebook and it sounds like than Is a good strategy. IDAHO ADMINISTRATIVE CODE IDAPA 58.01.17 Department of Environmental Quality Recycled Water Rules 01. Class A Recycled Water. When using Class A recycled water, notify the public and personnel in the area that recycled water is used and is not safe for drinking. Post signs stating "Caution: Recycled Water - Do Not Drink" or equivalent signage. (4-6-23) a. Distribution system identification and signage. (4-6-23) i. For all new buried pipe conveying Class A Recycled Water, including service lines, valves, and other appurtenances, must use the color purple consistently throughout the system. The color proposed fir use will be identified in the plans and specifications and reviewed by the Department to ensure the pipes are adequately identifiable and distinguishable. If fading or discoloration of the purple pipe is experienced during construction, identification tape or locating wire along the pipe is required. Label piping every ten (10) feet with "Caution: Recycled Water - Do Not Drink" or equivalent signage in English and a secondary language as applicable. (4-6-23) ii. if identification tape is installed along with the purple pipe, use white or black printing on a purple color field as approved by the Department and label with "Caution: Recycled Water - Do Not Drink" or equivalent signage. "The overall width of the tape is at least three (3) inches. Install identification tape eighteen (1.8) inches above the transmission pipe longitudinally, center over the pipe, and run continuously along the pipe's length. (4-6-23) iii. Ensure all valves have locking valve covers that are non -interchangeable with potable water valve covers and inscribed on the top surface with "Recycled Water." Ensure all above ground pipes and pumps are consistently color coded purple and marked to differentiate Class A recycled water facilities from potable water facilities. (4-6-23) b. Pumping facilities identification and signage. (4-6-23) i. Paint all exposed and above ground piping, risers, fittings, pumps, and valves in purple. I..abel all piping using a means accepted by the Department with "Caution: Recycled Water - Do Not Drink" or equivalent signage. In a fenced pump station area, post signs on all sides. (4-6-23) ii. install warning labels with "Caution: Recycled Water - Do Not Drink" or equivalent signage on designated facilities such as, but not limited to, controller panels and washdown or blow -off hydrants on water trucks, hose bibs, and temporary construction services. (4-6-23) C. Where Class A recycled water is stored or impounded, or used for irrigation in public areas, install warning signs with, at a minimum, one (1) inch purple letters on a white or other high contrast background notifying the public the water is unsafe to drink. Signs may also have a purple background with white or other high contrast lettering. Labcl warning signs with "Caution: Recycled Water - Do Not Drink" or equivalent signage. (4-6-23) d. Place drinking fountains, picnic tables, food establishments, and other public eating facilities out of any spray irrigation area. or otherwise protect areas in which Class A recycled water is used. In constriction plans, indicate exterior drinking fountains, picnic tables. food establishments. and other public eating facilities or, if these areas do not exist, state this in the plans and specifications. (4-6-23) 02. Class B Recycled Water. When using Class B recycled water, notify, the public and personnel in the area that recycled water is used and is not safe for drinking. Post signs stating "Caution: Recycled Water - Do Not Drink" or equivalent signage in English and a secondary language as applicable. (4-6-23) 03. Class C Recycled Water. When using Class C recycled water for irrigation, notify the personnel in the area that recycled water is used and is not safe for drinking. For the public, post signs around the perimeter of the irrigation site stating "Warning: Recycled Water - Do Not Enter" or equivalent signage in English and a secondary language as applicable. (4-6-23) 04. Class D Recycled Water. When using Class D recycled water for irrigation, notify the personnel in the area that recycled water is used and is not safe for drinking. For the public, post signs around the perimeter of the irrigation site stating "Recycled Water - Do Not Enter" or equivalent signage in English and a secondary language as applicable. (4-6-23) Section 603 Page 16 IDAHO ADMINISTRATIVE CODE 1DAPA 58.0147 Department of Environmental Quality Recycled Water Rules C. Equipment or facilities such as tanks, temporary piping or valves, and portable pumps used or considered for use with recycled water may not be used with potable water or sewage. Any equipment or facilities such as tanks, temporary piping or valves, and portable pumps used or considered for use with sewage may not be used with recycled water or potable water. (4-6_23) 03. Requirements for Class A Recycled Water. (4-6-23) Distribution System. (4-6-23) i. Where Class A recycled water will be provided by pressure pipeline, use the following guidance: current edition of "Recommended Standards for Wastewater Facilities - Great Lakes -Upper Mississippi River Board of State Sanitary Engineers," "AW WA Manual M24" Chapter 4 for dual water systems, and current edition of "Idaho Standards for Public Works Construction." (4-6-23) ii. irrigation systems proposed for conversion from non -Class A recycled water to Class A recycled water use will be reviewed on a case -by -case basis to evaluate the protection of human health and the environment. (4-6-23) (1) Existing water lines converted to use with Class A recycled water or a combination of Class A recycled water and irrigation water must be accurately located, pressure tested, and leakage tested before conversion in coordination with the Department. Use AWWA Standard(s) for pressure and leakage testing of drinking seater lines to be converted. (4-6-23 ) (2) Physically disconnect the pipeline from any potable water lines and bring into compliance with applicable cross -connection rules as stated in IDAPA 58.01.08, "Idaho Rules for Public Drinking Water Systems" and meet minimum separation requirements. (4-6-23) (3) If the existing lines meet water supplier and Department approval based on these rules, the lines will be approved for Class A recycled water distribution. If compliance of the system (accurate location, pressure testing, and verification of no cross -connections) cannot be verified with record drawings, testing, televising, or otherwise, uncover the lines and inspect, identify, or otherwise verify compliance to the Department's satisfaction before use. Retrofit accessible portions of the system to meet the provisions of these rules. (4-6-23) (4) After converting the water or irrigation line to a Class A recycled water line, mark the lines as stated in Subsection 603.O1.a.iii• (4-6-23) iii. If either an in -line type or end -of -line type blow -off or drain assembly is installed in the system, submit a plan f'or proposed discharge locations to the Department for review and approval. (4-6-23) iv. Mixing Class A. recycled water with other irrigation waters may be conducted pipe -to -pipe if both the other irrigation water source and the Class A source are protected by Department -approved backflow devices. Class A reeycled water may be mixed with other irrigation water in an unlined pond if the Class A recycled water is permitted for ground water recharge. Class A recycled water that is permitted for irrigation only and not ground water recharge may be mixed with other irrigation water only in a lined pond. Water from these mixed ponds may then be used for permitted Class A uses. (4-6-23) V. Operators of Class A recycled water distribution systems, including operators of distribution systems that use a combination of Class A recycled water and other irrigation waters, operators of the distribution system from the wastewater treatment plant to the point of compliance or point of use or point of sale, as applicable, and operators employed by buyers of the Class A recycled water for subsequent use. including home occupants, must sign a utility user agreement from the utility providing the Class A recycled water that states the user understands the origin of the effluent and the concept of agronomic rate for applying the Class A recycled water. include these requirements in contracts for sale of Class A recycled water for subsequent use. Individual homeowners are allowed to operate or maintain Class A recycled water distribution systems. Providers of the Class A recycled water must offer a public education program within its service area to teach potential customers the benefits and responsibilities of using Class A recycled water. (4-6-23) Section 605 Page 18 CHAPTER 2: PROPERTY RIGHTS CHAPTER 2: PROPERTY RIGHTS Private property rights encompass not only the right to develop, invest, achieve and profit from property, but also the right to hold and enjoy property. As the population increases and a greater number of people live nearer to each other, the opportunities for land use conflicts become greater. Property rights must balance the individual's desire to "do whatever I want with my land" with a respect for the property rights of neighboring owners. The 5th Amendment of the United States Constitution as well as Article 1§14 of the Idaho Constitution ensure that private property, whether it be land or intangible property rights, shall not be taken by the government absent just compensation. The Idaho State Legislature has also enacted statutory provisions requiring state and local governments to ensure that planning and zoning land use policies do not result in a taking of private property without just compensation. The statutory provisions include, among other things, a takings checklist generated by the Idaho Attorney General. The takings checklist must be used in reviewing the potential impact of regulatory or administrative actions on private property. Land use policies, restrictions, conditions and fees of the City of Eagle should not violate private property rights, adversely impact property values or create unnecessary technical limitations on the use of property as prescribed under the declarations of purpose in Idaho Code §80-67, and its subsequent amendments. ALL LAND USE DECISIONS MADE BY THE CITY OF EAGLE PURSUANT TO THIS COMPREHENSIVE PLAN SHALL PROTECT FUNDAMENTAL PRIVATE PROPERTY RIGHTS. A. Private property shall not be taken for public use without just compensation. EAGLE IS HOME 7 B. Property rights of landowners shall be protected from arbitrary and discriminatory actions. C. No person shall be deprived of private property without due process of law. A. Land use development regulations should be designed to protect the health, safety and welfare of the community, and to avoid any unnecessary conditions, delays and costs. B. The protection and preservation of private property rights should be a strong consideration in the development of land use policies and implementation standards and regulations and as required by law. C. The Comprehensive Plan and implementing ordinances should strive for stable and consistent policies regarding development densities and requirements. D. Ensure that all applicants, pursuant to Idaho Code §67-8003, have notice of the right to request a regulatory taking analysis. E. All changes in the comprehensive plan and land use entitlement should be reviewed in compliance with this plan. 8 EAGLE COMPREHENSIVE PLAN Idaho Regulatory Takings Act Guidelines APPENDIX C: REGULATORY TAKINGS CHECKLIST State of Idaho Office of the Attorney General Regulatory Takings Checklist Yes No 1 Does the Regulation or Action Result in Either a Permanent or Temporary Physical Occupation of Private Property? 2 (a) Does the Regulation or Action Require a Property Owner to Either Dedicate a Portion of Property or to Grant an Easement? (b) If Yes, is There a "Nexus and Rough Proportionality" Between the Property that the Government Demands and the Impacts of the Property Use Being Regulated? 3 Does the Regulation or Action Require the Owner to Expend Funds to Address Items That Lack a "Rough Proportionality" to the Social Costs of the Proposed Use of Property? 4 Does the Regulation Deprive the Owner of All Economically Viable Uses of the Property? 5 Does the Regulation Have a Significant Impact on the Landowner's Economic Interest? 6 Does the Regulation Deny a Fundamental Attribute of Ownership? Remember: Although a question may be answered affirmatively, it does not mean that there has been a "taking." Rather, it means there could be a constitutional issue and that proposed action should be carefully reviewed with legal counsel. This checklist should be included with a requested analysis pursuant to Idaho Code § 67-8003(2). C-1 CHAPTER 4: UTILITIES, FACILITIES & SERVICES The Eagle Sewer District (ESD), was established in 1963 as a public entity separate from the City of Eagle. The ESD service area generally corresponds to the area within the Eagle City limits. Extensions of the ESD service area are accomplished by actions of the ESD Board of Directors, and for the most part match annexations to the City. However, the extensions do not have to match annexations to the City either in location or in time. ESD serves all of the residential and commercial users in the City that are receiving central sewer service. In addition to users served by central sewer, many homes in the District's service area utilize individual septic tanks and drain fields for on -site wastewater treatment and disposal. The District currently treats the wastewater to secondary standards and discharges the treated effluent to the City of Boise wastewater treatment facilities for ultimate treatment and disposal under a long-term agreement between the District and the City of Boise. Development within the foothills will be served by basin specific sewage treatment facilities that will be under the purview of the ESD. These facilities are encouraged to include treatment of effluent to standards required for reuse water to offset and fulfill the irrigation demands within areas that do not have historic irrigation rights. The ESD is regulated by the Idaho Department of Environmental Quality (IDEA) and the requirements of Idaho Code. The ESD Wastewater Collection and Facilities Plan was updated in 2016. This plan relies on the land use assumptions within the City's comprehensive plan to ensure proper sizing and investment are completed in order to serve development in the future. Due to total pollutant loading limitations for the Boise River, standards for treated wastewater effluent discharges to the Boise River may become far more stringent in the future than they are at present. Treated wastewater disposal for waste generated by future development may at some time require alternatives to stream discharge. ESD will continue to plan for consequences of such potential intensification of stream discharges to meet the needs for central sewer in areas within the City. ESD is committed to providing central sewer service to areas within the City of Eagle. It is the City of Eagle's policy to accommodate orderly and appropriate development at a pace that does not unreasonably impede or burden the development process. Timely extension of sewer service is an essential feature of orderly development. Hence, in the future, the City of Eagle will take an active interest in sewerage and wastewater issues. EAGLE IS HOME 29 CHAPTER 4: UTILITIES, FACILITIES & SERVICES Map 4.2: Eagle Sewer District Planning AND THE EAGLE FOOTHILLS AS ENVISIONED IN THIS COMPREHENSIVE PLAN. 4.7.2 OBJECTIVES A. Provide assurance of Eagle's capability to sustain orderly and appropriate growth by maintaining awareness of Eagle Sewer District's plans for expansion and schedules for extension and reviewing how these plans fit with the known plans of the development community in Eagle. B. Work cooperatively with the ESD to plan for growth within our shared planning areas. Ensure that planned land uses and development do not exceed the planned capacity of the sewer system. 30 EAGLE COMPREHENSIVE PLAN CHAPTER 4: UTILITIES, FACILITIES & SERVICES 4,7.3 IMPLEMENTATION STRATEGIES A. Consult at regular intervals with Eagle Sewer District regarding its expansion and extension plans. B. Compare ESD expansion plans with the City's information regarding planned development within the Area of City Impact & the Eagle Foothills. C. Develop a list of City -approved sewerage extension and disposal expansion alternatives that developers can use to accommodate orderly and appropriate development in areas where ESD is unwilling or unable to provide central sewer service. D. Establish requirements for developments that propose on -site systems to provide the City with the name(s) and emergency phone number(s) of the certified operating personnel who will be in charge of the on -site collection and treatment facilities. E. Require developments that propose on -site systems to develop long-range depreciation schedules and capital replacement funding mechanisms that will insure the on -site collection and treatment facilities will be properly operated and maintained and provide the City with copies of the information. F. Continue to work with the ESD to coordinate urban development based upon the Land Use component of the Comprehensive Plan and the Eagle Sewer District's master plan. G. Work with the ESD to establish a long-range plan for the distribution of treated effluent for irrigation. H. Work with the City Council to establish policies requiring the use of treated effluent for use in common areas within developments. I. Work with the development community and the ESD to determine if there is a need and desire to treat effluent to a class "A" standard for direct application to individual home lots. J. Work with the ESD and developers to promote the consolidation of treatment facilities and sewer collection systems. The system design should be based on larger drainage areas rather than individual developments. Pleases �da-le '('his �o C0006 wl�h -Yhe eo )e. j Y�S�ea�l a-F LSD EAGLE IS HOME 31