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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) Page I KICOUNCILIMINUTESITemporary Minutes Work AreaICC-03-24-09min.doc 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. Page 2 KICOUNCILIMtNUTESITemporary Minutes Work AreaICC-03-24-09mindoc 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. Page 3 K:ICOUNCILIMINUTESITemporary Minutes Work AreaICC-03-24-09min.doc 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 Page 4 KICOUNCILIMINUTESITemporary Minutes Work AreaICC-03-24-09mindoc 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. Page 5 KICOUNCILIMINUTESITemporary Minutes Work AreaICC-OJ-24-09min.doc 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 Page 6 KICOUNCILIMINUTESITemporary Minutes Work AreaICC-03-24-09mindoc 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) Page 7 KICOUNCILIMtNUTESITemporary Minutes Work Area\CC-03-24-09min.doc 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 .'"',.....,',,,.,.,. ..... ir: "" ..... v~ .........0-+ ", .... r... ...L~ It;.. t.-:. ~ v. ., /. /"'\ ':. : ~.. "\ ..J ~.. ..... : : &lJ: a:: I -< ~~.....: : ~. 0 . Gl:: ~ : : 0: Po . ~ p. 0 : . . J. _ . .. . · ""0 CZl~. r.. .. . ..... . 0 . .c- .. ~ #.~.. J ",G.. ~ ~ -:. ~ i .. \.. ~ ~ " .,;) ........ ,,"..... "" S ........ '". ...... ','........,' A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT EAGLE CITY HALL Page 8 KICOUNCILIMINUTESITemporary Minutes Work AreaICC-03-24-09mindoc 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 '-1//"/At 4/174C,/,. /-4&V/A/ ADDRESS TESTIFY PRO/ CON or YES/NO NEUTRAL ,a1 47-D-'' 0\x Lvl \, cs-e (/-5 /7a C-11--)6( ,f/L /s i :l ci L' 2►S 1 L,✓ uLf1 �'r' 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.) vv\w ecs-services coin ENVIRONMENTAL CONSERVATION SERVICES, INC. 4900 N. Rosepoint Way. Suite C. Boise. Idaho 83713 (208)-375-0408 Office • (.208)-287-8292 Fax Cie-Courol 1-c11 3 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 : ! ' .. t . n •