Minutes - 2009 - City Council - 03/24/2009 - Regular
EAGLE CITY COUNCIL
Minutes
March 24, 2009
PRE-COUNCIL AGENDA: 6:30 p.m. - 7:30 p.m.
1. Eagle Senior Center: Chet Goodell, I want to know when we are going to get started on the
back parking lot.
Public Works Director: The City applied for the grant which provides $100,000. The City has
done the engineering. We received an extension because we were approaching the fall. From
the estimates I have received it is going to cost the City between $150,000 to $200,000. I have
talked to Chet about bringing some gravel in to level out the parking lot. General discussion.
2. Public Works Director Report: No report
3. Zoning Administrator's Report: No Report
4. City Attorney Report: There is some Legislature that will do some changes to the URA.
Discusses the proposed Legislation and how it would affect the City's URA. General discussion.
5. City Clerk/Treasurer Report: Is there going to be Joint Meeting on March 30th? Council will
discuss this later in the meeting.
6. Mayor and Council Reports:
Huffaker: No report
Shoushtarian: No report
REGULAR COUNCIL AGENDA: 7:30 p.m.
I. CALL TO ORDER: Mayor Bandy calls the meeting to order at 7:35 p.m.
2. ROLL CALL: HUFFAKER, SHOUSHT ARIAN, SEMANKO. All present. A quorum is
present.
3. PLEDGE OF ALLEGIANCE: Mr. Nickle leads the Pledge of Allegiance.
4. PUBLIC COMMENT: None
5. CONSENT AGENDA:
. Consent Agenda items are considered to be routine and are acted on with one
motion. There will be no separate discussion on these items unless the Mayor, a
Councilmember, member of City Staff, or a citizen requests an item to be removed
from the Consent Agenda for discussion. Items removed from the Consent Agenda
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.
B. 2010 Census Partner Proclamation: (PB)
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C. Re-appointments to the Urban Renewal Al!encv: Mayor Bandy is requesting
Council confirmation of the re-appointment of Jason Pierce and Bob Bruce to the
Agency. Mr. Pierce and Mr. Bruce's terms will be for one year. (PB)
D. Findinl!s of Fact and Conclusions of Law for A-06-08/RZ-12-08 - Annexation
and Rezone From RUT (Rural - Urban Transition - Ada Countv
desil!nation) to A-R-DA (Al!ricultural - Residential with a Development
Al!reement) Abundant Life Baptist Church: Abundant Life Baptist Church,
represented by Jim Main with Design West Architects, is requesting approval of
an annexation and rezone from RUT (Rural - Urban Transition - Ada County
designation) to A-R-DA (Agricultural- Residential- up to one (1) dwelling unit
per five (5) acres with a development agreement) to facilitate the construction of
a church facility. The 5.78 acre site is generally located approximately 1,000 feet
east of North Park Lane on the south side of West Floating Feather Road at 3633
West Floating Feather Road.
E. Resolution No. 09-08: A Resolution Of The City Of Eagle Recognizing And
Supporting The Establishment And Goals Of The "Eagle Star Technical (Estech)
Corridor"; And Providing A Severability Clause; And Providing An Effective
Date. (pb)
F. Approval of lease al!reement between Eal!le Tropical Sno and City of Eal!le
for vendor space at Herital!e Park. (ME)
G. Approval of lease al!reement between Eal!le Tropical Sno and Citv of Eal!le
for vendor space at Guerber Park. (ME)
H. Approval of lease al!reement between Eal!le Tropical Sno and City of Eal!le
for vendor space at Merrill Park. (ME)
I. Minutes of March 10.2009.
J. Minutes of March 16.2009.
Huffaker moves to approve the Consent Agenda with the exception of Items #B, E, F, G
and H. Seconded by Shoushtarian. Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE.
ALL AYES: MOTION CARRIES..............
5B. 2010 Census Partner Proclamation:
Semanko: I just had a couple of question on what the City is agreeing to do. Is there any cost
involved in this to the City?
Mayor: The Census Bureau has asked the City to form a voluntary committee to work with
Bureau to get out the information to the public. There shouldn't be a cost to the City. General
discussion.
Semanko moves to approve 2010 Census Partner Proclamation. Seconded by Huffaker.
ALL AYES: MOTION CARRIES.................
5E. Resolution No. 09-08: A Resolution Of The City Of Eagle Recognizing And Supporting
The Establishment And Goals Of The "Eagle Star Technical (Estech) Corridor"; And Providing
A Severability Clause; And Providing An Effective Date. (pb)
Shoushtarian: We as a Council have been briefed once and now they are proposing a Resolution.
On Section 3 and 4 and part of Section 5 I have questions. We need to take more time to go
through this resolution and see what the Council wants to do because it involves land use and lots
of planning for that area. We need to have a meeting of the minds.
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Mayor: Discusses the formation of the Estech Corridor. This Resolution is meant to provide
information about the activities going on in the Estech Corridor and provide information to the
public about where it is located and what the intent is. General discussion.
Huffaker: As I read the Resolution my impression of it is that it is a statement of support from
the City of Eagle supporting Estech mission which is to attract world class technology companies
into our area. As far as the land use planning we are not committing ourselves to change the
comp plan in a specific area but to allow for that to happen if se have companies that are
showing particular interest. I see it as a general resolution supporting the general mission of
Estech which is a good mission for our area.
Further discussion.
Semanko: We are pretty committed already, the Governor has driven the golden spike in the
ground, and we have agreed to provide for a grant, citizens have been meeting for hours. The
community has already gone down the road and we are being asked to join in this effort and help
support it. I'm very thankful for all of the efforts that have already gone in to starting Estech.
This is not in any way binding us in terms of any land use planning decisions, but it is saying that
we are willing to entertain those proposals when brought before us. This is something that we
need to be doing.
Mayor: This draft has been reviewed by the City Attorney so it has gone through a legal review.
Shoushtarian: When we say community I'm not sure that everyone knows exactly what is going
on. As a Councilman I know very little about this and I have gone to the meetings and I have
tried to education myself but it has not been detailed about the planning process and the land use.
Discussion on land use and the boundaries.
Further discussion.
City Attorney Buxton: I looked at this and made some edits. I put in Section 4 which lets you
look at your planning documents to determine whether you think you should or should not amend
them in any way. Therefore I do not think it is binding. From talking to the planning staff about
Section 3 it is my understanding that a description of what we are looking at in this area is
already included in your comp plan.
Further discussion.
Huffaker moves to approve Resolution No. 09-08._Seconded by Semanko. Discussion.
Mayor: there are typographical errors in the Title and in the third WHEREAS, technical
corridor should be technology corridor. Huffaker amends the motion to make these
changes. Second concurs. TWO AYES: SHOUSHTARIAN: NAY: ALL AYES: MOTION
CARRIES.............. ..
SF. Approval of lease al!reement between Eal!le Tropical Sno and City of Eal!le for vendor
space at Herital!e Park. (ME)
5G. Approval of lease al!reement between Eal!le Tropical Sno and City of Eal!le for vendor
space at Guerber Park. (ME)
5 H. Approval of lease al!reement between Eal!le Tropical Sno and Citv of Eal!le for vendor
space at Merrill Park. (ME)
Semanko: We can take all three together in terms of my questions. Were these completive bid
and what is the history behind these types of arrangements.
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City Clerk Bergmann: We follow a bid process and advertise the leases and make sure all
previous vendors that have had expressed an interest have been notified. This was also posted
on the City Web Site. The Eagle Tropical Sno was the only response we received.
General discussion.
Semanko moves to approve Items #F, G, and H, the three Lease Agreements between Eagle
Tropical Sno and the City of Eagle. Seconded Shoushtarian. Huffaker: AYE;
Shoushtarian: AYE; Semanko: AYE. ALL AYES: MOTION CARRIES..............
6. UNFINISHED BUSINESS:
A. M3 Al!reement for costs incurred bv the Citv for administerinl! their development
al!reement. This item was continued from the Januarv 13. 2009 meetinfl. (SEB)
Mayor introduces the issue.
City Attorney Buxton: Provides Council an overview of the Agreement.
General discussion and discussion on changes to the language.
Huffaker moves to approve Item #6A M3 Agreement for costs incurred by the City for
administering their development agreement as amended. Seconded by Shoushtarian.
Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE. ALL AYES: MOTION
CARRIES........... ...
7. PUBLIC HEARINGS:
A. The purpose for the public hearinl! is to obtain comment on the proposed fines
established in section 4-11-11 and 4-11-12 of ordinance 622 (commonlv referred to as
"Clean Indoor Air Ordinance") as required bv Idaho State Code &67-1311A.
AI. Ordinance No. 622 - Proposed Clean Indoor Air/ AKA Smoke Free
ordinance - Citv of Eal!le.: An ordinance of the City of Eagle, Ada
County, Idaho, amending Eagle City Code Title 4 "Public Health and
Safety", adding Chapter 11 "Clean Indoor Air", providing a severability
clause, and providing an effective date. (PB)
Mayor introduces the issue.
Heidie Lowe, the Idaho Director of the Idaho Cancer Society, we presented this to the
Council and we are in support of this Ordinance, it is a matter of public health and
safety.
Mayor opens the Public Hearing
Wayne Hoffman, Executive Director of the Idaho Freedom Foundation, I am here tonight
because when we see that a government entity is getting involved in private property
rights. When I look at this I don't see anything that states how this is impacting City
business. It looks like the free market is taking care of this matter. Discusses the
definitions. It looks like you could be including offices that may be open to the public.
Discusses how this would affect hotels. Discusses the posting of signs and the penalty
clause. General discussion.
Kevin Suttles, I 7080wner of Bardenays, I am here in opposition to a portion of the
Ordinance. We need to provide a place where our customers can go outside to smoke. I
would request that some language be modified. If these changes are made then I am in
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support ofthis bill. I have discussed the changes with the American Cancer Society and
they are in support of these changes. General discussion.
Chryssa Rich, 6943 Maxwell Lane, Boise, I am speaking to you as a volunteer of Smoke
Free Boise, I collected hundreds of signatures last year. There is a wide base support. I
am severely allergic to smoke and I can't go to bars and restaurants. I am in support of
this ordinance. General discussion.
Patricia Rich, 5815 Peachtree St, Boise, I am a high school teacher in Boise, the previous
speakers have really said what I wanted to say. Discusses discrimination. In tenns of
private property we do respect those private property owners. The businesses that have
gone smoke free are doing very well.
Jeff Kempthorn, I am a previous restaurant/bar manager in the Treasure Valley.
Discusses the affects of working in a smoking establishment. I am a smoker and there is
no reason that I can't step outside and smoke. Discusses affects of secondhand smoke.
General discussion.
Adrian Casper, I am the volunteer coordinator for the Coalition for a Healthy Idaho, our
efforts in Boise we did have 174 signatures from Eagle. Discusses the free market
system.
Arron Hill, health insurance broker, I am here tonight to support smoke free and clean
air. I can see how smoking affects my clients.
Neda Sanots, 2595 E. Salsbury Court, I have lived in Eagle for many years and I support
this. General discussion.
Heidie Lowe, discusses the proposed changes.
Kevin Settles, discusses the State Legislation.
General discussion on proposed changes.
Mayor closes the Public Hearing
General discussion.
Semanko moves to continue the consideration of Ordinance No. 622 to the April 14,
2009 City Council meeting and reopen the public hearing to taken written,
telephonic and e-mail comments without the need for an additional open session
and also whatever changes are made to the Ordinance be posted online. Seconded
ALL AYES: MOTION CARRIES..............
Further discussion.
B. CU-5-08 - Conditional Use Permit for Montessori School Facilitv - Montessori
Academv: Montessori Academy, represented by Mike and Jody Malterre, is requesting
conditional use approval for a Montessori school facility (kindergarten thru 8th grade).
The site is currently being used by Northstar Charter School and is located on the east
side of Park Lane approximately 350 feet north of Floating Feather Road at 1400 Park
Lane (located upon Lot 1, Block 1, within Cavallo Estates Subdivision). (MJW)
Mayor introduces the issue.
Mike Malterre, we need to expand our facilities and we have purchased the Northstar Charter
School for our expansion. Provides Council an overview ofthe application. General discussion.
Planner Williams, provides Council an overview of the application. General discussion.
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Mayor opens the Public Hearing
Mayor closes the Public Hearing
Mike Malterre, discusses the 6' wrought iron fence.
Huffaker moves to approve CU-5-08 - Conditional Use Permit for Montessori School
Facility - Montessori Academy. Seconded by Shoushtarian. Discussion. Mayor: the
discussion I have would be to change kindergarten to pre-school. Huffaker amends the
motion to include the change. Seconded concurs. ALL AYES: MOTION CARRIES......
8. NEW BUSINESS:
A. Appointment to vacant City Council position: The individual will serve the remainder of a
vacated term that will expire December 31,2009. (PB)
Mayor introduces the issue. Mayor: We had 13 excellent applications. I reviewed the
applications and narrowed them down to three individuals I felt would be appropriate and rose to
the top of the group. I shared these names with Council and they had the opportunity to
interview those individuals and I hope we have come to an agreement. I would like to appoint
Jean Jackson-Heim and I look to the Council for their decision on the confirmation.
General Council discussion.
I would like confirmation and if you all
Let's make this official. I would look for confirmation from the Council so if you are all in
agreement with the selection say AYE: ALL AYES.
Jeanne Jackson-Heim: Thank you very much Mayor and Council Members. I very much
appreciate the confidence that you have placed in me and I look forward to serving with you. I
am truly grateful for this opportunity.
Mayor calls a recess at 9:40 p.m.
Mayor convenes at 9:45 p.m.
City Clerk Bergmann administers the Oath of Office to Jeanne Jackson-Heim.
New Council Member Jackson-Heim takes her seat. Mayor Bandy gives Jackson-Heim a packet
for the meeting. You can vote or abstain whatever you want for the remainder of the items on
the Agenda.
B. PD-01-09 - Parcel Division - Jeoffrev and Collette Nvborl!: Jeoffrey and Collette Nyborg,
represented by Shawn Nickel, are requesting approval of a parcel division for the creation of two
parcels. The 4.45-acre site is generally located on the northeast corner ofN. Ballantyne Lane
and Hereford Drive within Bakers Acres Subdivision at 660 N. Ballantyne Lane. (MJW)
Mayor introduces the issue.
Shawn Nickel, provides the Council an overview of the application.
Planner Williams, provides Council an overview of the application.
Huffaker moves to approve PD-01-09 - Parcel Division - Jeoffrey and Collette Nyborg
Seconded by Semanko. ALL AYES: MOTION CARRIES.....................
C. Ordinance No. 623: An Ordinance Of The City Of Eagle, Ada County Idaho Amending
Eagle City Code Title 28 "Historic Preservation Commission", Chapter 7, Section 1 "Historical
Preservation Commission"; Section 2 "Organization And Administration; Section 3 "Powers,
Duties And Responsibilities"; Section 4 "Acquisition Of Property"; Section 6 "Procedures For
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Designation Of Historic Districts"; Section 8 "Procedure For Designation Of Historic Property
Or Landmark; Providing A Severability Clause; And Providing An Effective Date. (SKB)
Mayor introduces the issue.
City Attorney Buxton provides the Council a brief history of the establishment ofthe Historic
Commission and the Museum. The actual language and the mission of the Historic Commission
have changed over the years. The Museum now actual has a professional curator who is an
employee of the City and we felt it was better to have the city employee supervised by the City
Clerk's Office. I provided the Historic Commission the proposed changes and asked for their
input. The Historic Commission is not the supervisor of the Museum Curator. General
discussion.
Discussion on proposed changes to the Ordinance.
Discussion on Council oversight in regards to the Eagle City Library. General discussion.
Semanko 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 #623 be considered after being read once by title only. Semanko
reads Ordinance #623 by title only. Seconded by Huffaker. ALL AYES: MOTION
CARRIES.............. ...
D. Ordinance No. 624: An ordinance of the City of Eagle, Idaho, amending Section 1-5-2,
Eagle City Code, to provide for meetings of the Council, and providing an effective date. (PB)
Mayor introduces the issue.
Council discussion on the meeting times. The new time will be 5:30 p.m. for Pre-Council and
6:30 p.m. for the Regular meeting.
Semanko 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 #624 be considered after being read once by title only.
reads Ordinance #624 by title only. Seconded by Huffaker. ALL AYES: MOTION
CARRIES.............. ...
Semanko moves that Ordinance #624 be adopted. Seconded by Huffaker. Huffaker: AYE;
Shoushtarian: AYE; Semanko: AYE: Jackson-Heim: AYE: ALL AYES: MOTION
CARRIES....................... .
E. Task Order 2009-001 Associated with the Master Consultant Al!reement dated Januarv
20. 2009 with Environmental Conservations Services. Inc. to conduct M3 Habitat
Mitil!ation Plan Review.
Mayor introduces the issue.
Planner Baird-Spencer: Provides Council an overview.
Huffaker moves to approve Task Order 2009-001 Associated with the Master Consultant
Agreement dated January 20, 2009 with Environmental Conservations Services, Inc. to
conduct M3 Habitat Mitigation Plan Review. Seconded by Shoushtarian. Huffaker: AYE;
Shoushtarian: AYE; Semanko: AYE: Jackson-Heim: AYE: ALL AYES: MOTION
CARRIES....................... .
10. EXECUTIVE SESSION:
A. Personnel Matters: I.C. 9 672345 (b)
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Semanko moves to go into Executive Session in accordance with Idaho Code 67-2345(b).
Seconded by Shoushtarian. Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE:
Jackson-Heim: AYE: ALL AYES: MOTION CARRIES........................
Council goes into Executive Session at 10:20 p.m.
Council discusses personnel matters.
Council leaves Executive Session at 10:35 p.m.
Discussion on a Grant Program with the Ada County Sheriffs Office to get a deputy with their
full salary paid for three years with a guarantee that the City appropriate funds for the salary for
the Deputy the fourth year.
Discussion on a Joint Meeting March 30, 2009.
Discussion on the budget projections. When the projections are completed they will be e-mailed
to the Council.
11 ADJOURNMENT:
Huffaker moves to adjourn. Seconded by Semanko. ALL AYES: MOTION
CARRIES...
Hearing no further business, the Council meeting adjourned at 10:45 p.m.
Respectfully submitted:
h~-fSh~
...... SHARON K. BERGMANN
CITY CLERK/TREASURER
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A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT EAGLE
CITY HALL
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EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP
irpose for the public hearing is to obtain comment on the proposed fines established,
tion 4-11-11 and 4-11-12 of ordinance 622 (commonly referred to as "Clean Indoor
Jrdinance") as required by Idaho State Code X67 -1311A,
March 24, 2009
NAME
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/-4&V/A/
ADDRESS
TESTIFY PRO/ CON or
YES/NO NEUTRAL
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EAGLE CITY COUNCIL
PUBLIC HEARING SIGNUP
CU -S-08 - Conditional Use Permit for Montessori School Facility - Montessori Academy
March 24, 2009
TESTIFY PRO/ CON or
NAME ADDRESS YES/NO NEUTRAL
EAGLE CITY COUNCIL
PUBLIC HEARING SIGNUP
The purpose for the public hearing is to obtain comment on the proposed fines established,
in section 4-11-11 and 4-11-12 of ordinance 622 (commonly referred to as "Clean Indoor
Air Ordinance") as required by Idaho State Code §67-1311A.
March 24, 2009
rc V-rY 7
4gc
INTER
OFFICE
City of Eagle
Zoning Administration
To: Mayor Bandy & Council Members
From: Nichoel Baird Spencer, AICP, Planner III .
Subject: Task Order 2009-001: Master Consultant Agreement with ECS, Inc
Date: March 24, 2009
Attachment(s): Task Order 2009-001 & scope of Work
CC: City Attorney, Zoning Administrator
Since the packet M3 has reviewed the task order as it relates to their application and the following
modifications were added (highlighted in the attached document):
1) Clarification of authorization to distribute information;
2) Clarification of materials to be submitted to the City; and
3) Establish an estimate timeline for the review of the initial submittal;
None of the above mentioned items were seen by staff or the consultant to be substantive changes to the task
order and we request council approval of the item.
If you have questions please contact me at 939-0227.
Page 1 of 1
K: Planning Dept Misc Other2008 RFQ Task order 2009-OOI me2.doc
N.
Environmental Conservation Services Inc.
March 23, 2009
City of Eagle Planning and Zoning Department
Attn: William E. Vaughan, AICP
660 E. Civic Lane
Eagle Idaho, 83616
RE: Estimated Cost Proposal to Review M3 Companies 2008 Habitat Mitigation Plan.
Environmental Conservation Services (ECS) is pleased to submit this cost proposal to review and
comment on the 2008 M3 Companies Habitat Mitigation Plan. The attached cost estimate is based
on a specific set of assumptions and is subject to change based on changes in the level of effort
associated with the review process or number of meetings. For consistency and simplification, the
cost estimate was completed using the rate of our lead ecologist, Charles Baun. While Mr. Baun will
be completing the majority of the tasks associated with this project, mid-level biologist will be used
to the extent possible to reduce the overall time and cost of the project.
I look forward to working with you on this project. If you have any questions please call me at (208)
375-0408 or my cell (208) 921-0195.
Sincerely,
Environmental Conservation Services Inc.
Charles Baun: Lead Ecologist/ Principal
Enclosure: Proposal and Cost Estimate.
www.ecs-services.com
ENVIRONMENTAL CONSERVATION SERVICES, INC.
4900 N. Rosepoint Way, Suite C, Boise, Idaho 83713
(208)-375-0408 Office. (208)-287-8292 Fax
Environmental Conservation Services Inc.
Proposal to Review and Comment on the 2008 M3 Companies
Habitat Mitigation Plan for the City of Eagle
This proposal identifies the estimated cost identified by Environmental Conservation Services Inc.
(ECS), to review and comment on the 2008 M3 Eagle LLC (M3) Habitat Mitigation Plan (HMP) in
accordance with the stipulations outlined in the Pre -Annexation and Development Agreement by and
between the City of Eagle, Idaho and M3. In order to make an estimate of the time and therefore budget
necessary to complete this work, it is necessary to make a set of assumptions. If one or more of these
assumptions are not accurate, an adjustment to the budget may be necessary. These assumptions are
listed below:
• All data and associated materials required by ECS to complete the review the document
will be provided by M3 or the City of Eagle upon request, and in a timely manner.
Requests not complied with in a timely manner could result in additional costs;
• It is assumed that the initial review of the HMP and M3/City of Eagle Development
Agreement would require approximately 62 -hours. This includes 30 -hours for document
review (senior staff), 2 -hours (Senior GIS), and 32 -hours (junior staff) for field data
verification (stratified random samples and summary). However, this is subject to change
based on information available and changes in the level of effort associated with the
review process;
• It is assumed that meetings with the land use agencies (BLM, IDFG and IDL), public, and
City of Eagle staff associated with the HMP and M3/City of Eagle Development
Agreement would be required. Since the number of meetings is unknown, it is only
assumed that each meeting would require 6- staff hours (2-prep/4-meeting) and 4 -admin
(3-meeting/1-summary and admin record). All meetings will have at a minimum, a
representative from the City of Eagle and M3. A copy of the meeting notes will also be
delivered to all parties in attendance and made available to the public. Each meeting
would be billed as additional work;
• It is assumed that ECS would send out copies of the M3 HMP to the IDFG and BLM for
comment and summary. Letters have already been received from the IDL. It is assumed
this task would require 8 -hours (6 -senior and 2 -admin). However, this is subject to
change based on information and comments received, as well as the level of effort
associated with getting comments from the agencies;
• It is assumed that preparation and attendance to hearings before the Planning and Zoning
Commission and the City Council, in regards to the M3 Companies application would
require approximately 8 -hours per meeting (3-preperation/4-hearing/1-summary). Since
the number of meetings is unknown, each hearing would be billed as additional work;
• An administrative record of all communications and meetings will be developed by ECS
staff (8-hrs administrative);
www.ecs-services.com
ENVIRONMENTAL CONSERVATION SERVICES, INC.
4900 N. Rosepoint Way, Suite C, Boise, Idaho 83713
(208)-375-0408 Office • (208)-287-8292 Fax
Environmental Conservation Services Inc.
• It is assumed that copies and document preparation fees will not exceed $310.00;
• It is assumed that all requests for information under the Public records act ‘', ill come to the
City not ECS. The only material ECS is authorized to distribute is the M3 submittal to
agencies. ECS staff will not submit materials to the individuals outside of agency use.
• It is assumed that EC'S would delver one hard copy and one electronic copy (Microsoft
Word and PDF) of the review with comments to the City of Eagle staff within 4 -weeks of
contract approval with written confirmation. However, this is subject to change based on
information available, number of meetings, and other changes in the level of effort
associated with the review process.
COST ESTIMATE
Based on the assumptions above, the variable nature of the work to be completed, ECS estimates that the
cost to complete the initial review of the HMP would not exceed $6,050.00. Meetings and heanngs will
be billed as additional costs on an as needed basis to complete the review and comment process. Project
costs will be based on time and materials incurred on the project. ECS will notify the City of Eagle upon
any circumstances that will influence the estimate for this project. Any additional funding requests will
be submitted to the City of Eagle for approval. This estimate is valid for 30 days from proposal date (3-
23-09). ECS reserves the right to review costs if proposal is accepted beyond 30 days and start of work
is delayed beyond 45 days of acceptance date.
City of Eagle Approval ECS Inc.
Date: Date:
City of Eagle Charles Baun (ECS Inc.)
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ENVIRONMENTAL CONSERVATION SERVICES, INC.
4900 N. Rosepoint Way. Suite C. Boise. Idaho 83713
(208)-375-0408 Office • (.208)-287-8292 Fax
Cie-Courol
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April 1, 2009
Mayor and City Council:
I have been asked by the Park and Pathway Committee to explain the requested
changes to Resolution 99-10 and to give a brief history of the accomplishments of this
committee through the years.
The requests for changes to the Resolution include changing the name to make "Park
and Pathway" plural — "Parks and Pathways" and also from "Committee" to
"Commission" making the official name "Parks and Pathways Commission". This is
consistent with the Historic Commission and the Arts Commission. Section 4: Duties: 2.
Review and make recommendations to the City Council on Park and Pathway land
acquisition and development.
The City sent a survey to the citizens of Eagle asking them what their priorities were for
their community. Recreation including Parks and Pathways was at the top of the list.
The original committee was appointed when the city received the donation of the land
from the Merrill Family for the Merrill Park.
The original committee consisted of members with backgrounds in Baseball and Soccer,
Corp of Engineers, Idaho State Parks, Flood District 10 and Idaho State Lands. Don
Stockton, a retiree from the Idaho State Lands, had worked successfully in acquiring the
25 foot easements needed for the pathways along the river. Angela Deckers was
interested in building parks and served as a citizen volunteer to help plan the Merrill Park
as well as give input for the Guerber Park. I was fortunate to be Liaison with this
Committee from 1995-2002, at which time I became Mayor for the City of Eagle.
The City has always been very creative in the way we acquired the land to build the
parks and pathways. We negotiated with Ada County to lease the 84 acres of land
where the Skateboard Park exists today for $1.00 a year. We annexed the land and we
formed a youth committee by partnering with the Police Department to plan and develop
the four acres of the active skateboard park with basketball and roller hockey areas.
This Skateboard Park was one of the first in the Treasure Valley. The rest of the 84
acres has a master plan that includes a bicycle park and ball fields. The Velodrome
bicycle club is making progress in building this park.
The Merrill Park land was donated by the Merrill Family in 1995 in remembrance of Reid
Merrill. The planning, selection and oversight of Don Belts Landscape Architects for the
park development was done by the Parks and Pathway Committee.
Guerber Park land was found by working with ITD, and purchased for $11,000. It was
excess land left over from the building of Highway 55. We also negotiated with Ada
County Highway district to purchase a small piece of land that connected to the ITD
piece and the Parks and Pathway Committee began to plan for the Guerber Park.
Through a Development Agreement with Dennis Baker for the Lake Moor Development,
we were able to negotiate more land for ball fields. We worked with Mr. Baker and the
City of Boise to assemble 30 acres of land between Eagle and Boise to build a sports
park. This park will be planned jointly with the City of Boise to share the costs of park
development.
When we began to successfully build the parks and pathways we also realized that we
needed help to fund these projects. We worked with the BCA and we hired a consultant
to put together the City of Eagle Park Impact Fees that included a Capital Improvement
Plan.
During the process of building the Merrill Park we also started working on the Pathway
system and built the bridge to connect to the pathway along the river. We worked with
adjacent property owners to allow us to move fences that were blocking the pathway as
well as convincing additional property owners to allow us to build the 10 foot pathway
along the North Channel.
We also worked hard to convince the Eagle River Developers that they needed to build
the 10 foot paved Asphalt Pathway that runs behind the Hilton Hotel to the edge of the
Merrill Park.
Don Stockton and Chuck Ferguson worked with the Corp of Engineers to get the permits
to allow us to build the trails that now run down to the river as well as the bridges that
allow for pedestrians to enjoy the walks by the river. He also convinced volunteers to
build the pathways behind North Channel Center that connect to the path along the
bypass.
This spring we will complete two more projects that took three years to get the funding
through Enhancement Funds at ITD. By partnering with the developers we were able to
secure the matching funds that will build the bridge into Merrill Park, connecting the
North and South side of the Boise River, as well as connecting the pathway under Eagle
Road.
Through the years, we as committee members have represented the City on regional
committees such as the Foundation to Ada Canyon Trail System and The Boise River
Trail Committee. We also worked with staff in creating the development standards for
the pathways that exist today.
We are very pleased with our volunteer efforts for this community and look forward to
working with the City Council in planning for the recreation needs of our community for
the future.
Respectfully Submitted
Nancy Merrill
RESOLUTION NO. 99-10
A RESOLUTION DISSOLVING THE PATHWAY COMMITTEE AND THE PARKS
DEVELOPMENT COMMITTEE AND CREATING A PARK AND PATHWAY
DEVELOPMENT COMMITTEE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The City of Eagle previously formed a Pathway Committee consisting of four (4)
members, an Advisor and a Representative from the Boise River Trail Foundation; and
WHEREAS, On April 22, 1998, the Merrill Park Committee was dissolved and the City of Eagle
formed a new committee called the Parks Development Committee consisting of five (5)
members; and
WHEREAS, The City Council of the City of Eagle deems it advisable to dissolve both the
Pathway Committee and the Parks Development Committee and create a Park and Pathway
Development Committee according to Eagle City Code;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EAGLE, IDAHO, that:
Section 1: COMMITTEE CREATED: There is hereby created a Park and Pathway
Development Committee for the City, which Committee shall be known and designated as the
Eagle City Park and Pathway Development Committee. The Committee shall consist of seven
(7) members who shall be appointed by the Mayor and confirmed by a majority vote of the City
CC i.iiICii.
Section 2: TERM OF OFFICE AND VACANCIES AND REMOVAL: The term of office for
appointive members shall be three (3) years. Said terms shall be staggered. The initial terms
being a one year term consisting of three members, a two year term consisting of two members
and three year term consisting of two members. All members shall be eligible for
reappointment. If a vacancy shall occur during any unexpired term, the Mayor, with
confirmation by a majority vote of the Council, shall appoint a member for the balance of such
unexpired term. Committee members may be removed by a majority vote of the Council.
Section 3: ORGANIZATION:
A. Chairman and Vice Chairman: The Committee shall meet and appoint one of its members as
Chairman of the Committee, who shall hold office as such Chairman for such term as the
Committee shall so designate. The Committee shall elect a Vice Chairman who shall act as
Chairman in the absence of the Chairman of the Committee.
B. Clerk/Secretary of Committee: The Committee shall designate a Clerk, who may be an
officer or employee of the City, who shall act as the Clerk or Secretary to the Committee and
shall keep an accurate record of all proceedings of said Committee, and shall file, when
ordered by the Committee, with the Council, a report of all transactions of the Committee.
C. Meetings: A majority of the appointive members of the Committee shall be necessary to
constitute a quorum for the transaction of business. The Committee shall hold meetings each
month for at least nine (9) months of the year, and at such other times as may be called by the
Chairman or by the Mayor or City Council.
D. Rules For Conduct Ot .usiness: Written rules consistent with th. Chapter and the laws of
the State of Idaho for the transaction of business of the Committee shall be adopted.
E. Records Kept: Written records of meetings, hearings, resolutions, findings, studies, permits
and actions shall be maintained and open to the public.
F. Compensation: The members of the Park and Pathway Development Committee shall serve
and act without compensation, except that their actual and necessary expenses shall be
allowed by the Council and the City shall provide the necessary and suitable equipment and
supplies to enable the Committee to properly transact and perform its business.
Section 4: DUTIES:
A. The Committee shall serve in an advisory capacity and is established to:
1. Create and recommend to the City Council an overall plan for parks and pathways within
the City of Eagle.
2. Review and make recommendations to the City Council on park and pathway land
acquisition.
3. Assist in the preparation of the park and pathway portion of the annual budget.
4. Conduct quarterly on site visits and compile a need assessment report to be presented to
the City Council at a regularly scheduled meeting.
5. Represent the City of Eagle at meetings involving parks and pathways.
6. Report quarterly to the City Council at a regularly scheduled meeting.
Section 5: The Pathway Committee and Parks Development Committee are hereby dissolved.
Section 6: This Resolution shall be in effect from and after its passage and approval.
Dated this jfakday of December, 1999.
CITY OF EAGLE
Ada County, Idaho
RICK YZAG
MAYOR
ATTEST:
SHAR N.K.,MQORE
(CITY:•LER :
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