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Minutes - 1998 - City Council - 02/10/1998 - RegularEAGLE CITY COUNCIL MEETING MINUTES February 10, 1998 PRECOUNCIL: 6:30 pm - 7:30pm 6. City Engineer's Report: Bill Johnson, Holladay Engineering. Discusses Morning Meadows. Bill's position is that the loop is required to provide the fire flow. Dave is proposing to put most of that in by the summer 1998. General discussion. February 4a~ letter states my observations on water service to Cedar Falls Partnership (Prohaska Property). Important to maintain a map of the service area of the City Municipal Water Area. General discussion on EM2 managing the City Water System. No current activity on bikepath bridge. General discussion. 1. Clair Bowman with APA will give a presentation on flood plain issues. [30 minutes] Clair Bowman distributes a proposed Air Quality Program for review and discusses same. General discussion. Will come back to discuss flood plain issues. 2. Scott Crosby will discuss the merger of the West Ada Express and The Valley News. [10 minutes] Scott Crosby is not present. 3. Mayor and Council's Reports: Guerber: Reports on the Park Committee meeting. Discusses Certified Local Government designation. General discussion. Merrill: Reports on the Ada County Sports Complex. Reports on the Legislature. P&Z wants a to have a joint meeting March 30th. Bastian: Reports that he is going to attend a meeting with the Meridian School District on "quality schools". Discussion on school boundaries. Sedlacek: Reports on the Economic Development Committee. Reports on the Sewer District and the pipeline to Boise. Reports on Fun Days Committee meeting. 4. City Clerk/Treasurer's Report: Continued to the end of the meeting. 5. Zoning Administrator's Report: Continued to the end of the meeting. 7. City Attorney's Report: Continued to the end of the meeting. Mayor calls a recess at 7:30 p.m. Mayor reconvenes meeting at 7:40 p.m. COUNCIL: 7:30 p.m. 1. CALL TO ORDER: 2. ROLL CALL: Merrill, Bastian, Sedlacek, Guerber. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Merrill moves to change the agenda: Item#7C moved to 5A and Item#6A Public Hearing be moved to after Item#5A. Seconded by Sedlacek. Discussion. ALL AYE: MOTION CARRIES ....... 4. 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 Council Member, 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 Rules of Order. · 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. B. C. D. E. Minutes of January 22, 1998 Minutes of January 27, 1998 Minutes of January 29, 1998 Claims Against the City Findings of Fact for Prelimlnar¥ Plat and Final Plat Application for Casa Escuela Subdivision: The Zoning Administrator is requesting Council approval of the Findings of Fact and Conclusions of Law for the preliminary plat and final plat applications submitted by Meridian School District No. 2. The site is located on the north side of East State Street and along the east side of Academy Avenue approximately 800-feet west of Edgewood Lane. (MLB) Guerber moves to approve the Consent Agenda with the exception that the claim against the City submitted by a former Council Member for reimbursement be pulled and sent back to the City Clerk for clarification Seconded by Merrill. Discussion. ALL AYE: MOTION CARRIES... 5. UNFINISHED BUSINESS: 5A. 7C. Administrative Appeal - AA-l-98 - Barry Peters: Appeal of Zoning Administrator's decision to deny request to approve map revisions for floodway classification change located at 1501 Mace Rd approximately one mile west of Eagle Rd. (MLB) Mayor introduces the issue. Barry Peters, 1497 Mace Road. Discusses the map revisions and the floodway classification in regards to his property and the reasons for his appeal. Bill Johnson, Holladay Engineering. Site Plan displayed on the overhead. I have only reviewed this for a couple of months. Are the conditions on site the same as when the 1995 analysis was taken. Discusses the Code as to flood control. I have looked at the site in the last week. I would suggest the major issue to deal with is public health and safety. There is a new driveway that has been constructed. Butler: Points out where the home is located and where the floodway is located. Home sites are in the middle of the floodway. Not in the 100 year flood plain. Discusses the new driveway. General discussion. Sedlacek inquires of Legal Counsel what the City's responsibility is if the area floods. Legal Counsel: Your up front liability is relatively limited. A third party could say the City negligently issued a permit. If you follow your ordinances your liability is as limited as it can be. General discussion among all parties. Bastian moves that we direct the applicant to receive the no-rise analysis prior to the Council making a final decision as to the classification of this land. Seconded by Merrill. ALL AYE: MOTION CARRIES .............. 6A. Public Hearing: Wintry River Subdivision's submittal of hydrological and biologic studies. On September 13, 1994, the City Council approved this preliminary plat with a condition that required hydrological and biologic studies to be reviewed at a public hearing open for public comment. The proposed subdivision consists of 89 residential lots, with 15 acres (approx.) of common area. Portions of the proposed subdivision are located within the Dry Creek Floodway. The 54.03-acre (approx.) site is located at the southwest comer of Floating Feather Road and Eagle Road. (MLB) Mayor introduces the issue. Butler: City has received a letter from Roylance & Associates requesting a continuance to the next available City Council meeting. Legal Counsel: This matter should be continued without allowing public comment because the applicants are not present at the meeting on advise from City Legal Counsel and Butler. General discussion. If the Council is going to view the property in a group an agenda would need to be posted. Discussion on Council viewing the property individually with the property owners permission. Legal Counsel is against even two Council Members going together. Mayor advise each Council Member to make their own arrangements with the property Merrill moves to continue this item to the next regularly scheduled Council meeting and the item be at the front of the Agenda. Seconded by Bastian. Discussion. ALL AYE: MOTION CARRIES ........... 5A. Focus Groups for Comprehensive Plan Amendments: The Mayor is requesting Council to confirm the appointments for the Focus Groups for the Comprehensive Plan Amendments. Mayor introduces the issue. Bastian moves to approve the recommend Focus Groups recommendations made by the Mayor to us. Seconded by Guerber. Discussion. Nancy Taylor provides an updated list to the Mayor and Council and Mayor proposes this list for approval. Bastian amends the motion to say "as presented by Nancy Taylor this evening, reference at the bottom of the page is f:\projects\li392\focgrplist.xls. Seconded by Guerber. ALL AYE: MOTION CARRIES ........... B. Proposed Letter Regarding Business Signs: Per City Council request, the Zoning Administrator has provided a draft copy of a proposed letter to be sent to all businesses outlining current sign requirements and related City goals. The item was continued from the January 27, 1998 meeting in order to obtain comment from the Chamber/Economic Development Committee. (MLB) Mayor introduces the issue Sedlacek: The Executive Board of the Chamber of Commerce, based on recommendations from the Economic Development Committee, felt that the letter was to generic and needed to be more specific as far as size of banners, length of time the banners can be up, they felt like the banners were dictated by corporate offices, they want special occasions defined, does this letter include inside signs, banners that face outside and they were concerned that this would be subject to one individual's opinion and taste. They ask that the City provide more detailed information and they would like to see the draft before it goes out. Mark is to come to the next Economic Development Committee meeting to addresses these issues. Butler: The way I look at this, these words that are in the Code are in the "Code", it is not defined in the Code. What might be the result of this meeting is a suggestion to Council that some of the issues be defined in the Code. It might be better to hold off until I bring this Code to you. General discussion. Bastian moves to table the matter termed proposed letter regarding Business signs. Seconded by Merrill: THREE AYES: ONE ABSTENTION: MOTION CARRIES ............... C. FP-6-97 - Chaumont No. 2 Final Plat - Hillway, Inc.: Hillway, Inc., represented by Gary Lee with JUB Engineers, is requesting final plat approval for Chaumont Subdivision No. 2, a 27- lot (23-buildable) residential subdivision. The 10.74 -acre site abuts Hill Road to the North and is located approximately 1,600-feet east of Edgewood Lane. The site is within the Eagle City Limits. This item was continued from the Decemberl 6, 1997 meeting. (MLB) Mayor introduces the issue. Kirtlin Naylor, 3100 S. Vista Ave. Sasser Law Office. Counsel for Hillway, Inc. Discusses the pressurized irrigation issue and the transfer of the water rights to the property. General discussion among all parties on the water rights. Sedlacek moves to approve the final plat for Chaumont Subdivision #2. Motion dies for lack of a Second. Merrill moves to deny the application for Chaumont Subdivision #2. Motion dies for lack of a Second. Trevor Roberts. 3895 Girdner Lane, Meridian. Discusses the project, including the water rights. General discussion. Guerber moves to approve. Seconded by Sedlacek. Clarification. Guerber amends his motion to add, as presented to Council. Second concurs. TWO AYES: TWO NAY: MAYOR VOTES AYE: MOTION CARRIES ............ D. Land Agreement Contract: The Mayor is requesting Council to approve the final contract for purchase, option to purchase, and lease agreement for the property located next to Ponderosa Paint. Mayor introduces the issue. Legal Counsel: Language for the easement across Lot 3 has been changed slightly and the terms of the contract will be that it is only noted on the Warrant Deed to Lot 4, that is per the Title Companies instructions. With those changes I recommend your approval of it. Guerber moves to approve as finalized by the City Attorney and in response to his recommendation. Seconded by Merrill. Discussion. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES .......... 6. PUBLIC It~ARINGS: A. Wintry River Snbdivision's submittal of hydrological and biologic studies. On September 13, 1994, the City Council approved this preliminary plat with a condition that required hydrological and biologic studies to be reviewed at a public hearing open for public comment. The proposed subdivision consists of 89 residential lots, with 15 acres (approx.) of common area. Portions of the proposed subdivision are located within the Dry Creek Floodway. The 54.03-acre (approx.) site is located at the southwest comer of Floating Feather Road and Eagle Road. (MLB) Mayor introduces the issue. Butler: City has received a letter from Roylance & Associates requesting a continuance to the next available City Council meeting. Legal Counsel: This matter should be continued without allowing public comment because the applicants are not present at the meeting on advise from City Legal Counsel and Butler. General discussion. If the Council is going to view the property in a group an agenda would need to be posted. Discussion on Council viewing the property individually with the property owners permission. Legal Counsel is against even two Council Members going together. Mayor advise each Council Member to make their own arrangements with regard to viewing the property. Merrill moves to continue this item to the next regularly scheduled Council meeting and the item be at the front of the Agenda. Seconded by Bastian. Discussion. ALL AYE: MOTION CARRIES ........... B. ZOA-8-97 City initiated zoning ordinance amendment: Ordinance Of The City Of Eagle, Ada County Idaho, Amanding Eagle City Code, Title 8 "Zoning", Chapter 7, "Zoning Administration And Enforcement", Section 8, "Notice Requirements". (MLB) Mayor introduces the issue. Butler provides the Council an overview of the amendments to the ordinance. Merrill 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 #312 be considered after being read once by title only. Merrill reads Ordinance #312 by title only. Seconded by Bastian. ALL AYE: MOTION CARRIES .................... Merrill moves that Ordinance #312 be adopted. Seconded by Bastian. Legal Counsel: Motion needs to be withdrawn so the Public Hearing can be opened. Merrill moves to withdraw her Motions. Bastian withdraws the Second. Mayor opens the Public Hearing. No one is signed up to speak. Mayor closes the Public Hearing. Merrill 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 #312 be considered after being read once by title only. Merrill reads Ordinance #312 by title only. Seconded by Bastian. ALL AYE: MOTION CARRIES .................... Merrill moves that Ordinance #312 be adopted. Seconded by Bastian. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE MOTION CARRIES ................ 7. NEW BUSINESS: A. Request for Municipal Water Service { Prohaska Property): Hubble Engineering, Inc. representing Cedar Falls Partnership, is requesting that the City Council include their property into the Eagle Municipal Water System service area. The property is on the north side of Floating Feather Road bordering the west boundary of Lexington Hills Subdivision. (JM) Mayor introduces the issue. Merrill would like to have a better clarification of how this will affect our water system. General discussion. Wayne Forrey, Representative of Cedar Falls Partnership. Discusses the application. Sedlacek moves to include the Feather Nest Estates Subdivision (Prohaska Paroperty) into the City Water Service area contingent upon adequate capacity being available and the amendment of the Cities water rights currently pending with Idaho Department of Water Resources. Seconded by Merrill. ALL AYE: MOTION CARRIES ............... B. Request for Waiver of Conditions - Morning Meadows Manufactured Home Park- Bill Webster: Edge Development, represented by Bill Webster, is requesting a formal wavier of conditions, specifically for condition #7 and #9. Condition #7 states: "Provide a loop water system to interconnect the Eagle Municipal System between Trail Creek and Lexington Hills as set forth in EM2, Inc. Engineering Management and Maintenance report of August 25, 1997, the recommendations for that interconnection shall be based upon this report." Condition #9 states: The plat shall restricted to Seniors only, age 55 and over.(MLB) Mayor introduces the issue. Butler: Bill Webster has submitted a letter withdrawing a waiver of Condition #7. Bill Webster, representing Edge Investments, we are requesting that you drop Item#9 of the conditions specifically requiring that it be a seniors project. The request is being made for the record. It is our opinion that per the City ordinances it is not within the realm of those ordinances and it is also per the Fair Housing Act of 1988 it discriminates against families in America. Legal Counsel: Fair Housing Act does prohibit age discrimination. It primarily applies to projects that are funded with government funds. This does not fit into that category. Secondly, it gives some guidelines on where age discrimination comes into play. The statutes indicate that a private landowner can in fact create reasonable age restrictions. You can voluntarily impose for age restrictions within a subdivision for a senior park and that essentially what the 55 year category has been interpreted. Sedlacek moves that we remove condition #9 in the condition of approval for Lexington Hills #11final plat. Seconded by Guerber. Discussion. ONE AYE: TWO NAY: ONE ABSTAIN: MOTION FAILS ......... C. Administrative Appeal - AA-l-98 - Barry Peters: Appeal of Zoning Administrator's decision to deny request to approve map revisions for floodway classification change located at 1501 Mace Rd approximately one mile west of Eagle Rd. (MLB) Moved to Item#5A. D. Agreement between Owner and Construction Manaeer: The Mayor is requesting Council to take action regarding a construction manager agreement for the proposed City Park to be located on State Street. (RY) Mayor introduces the issue. Guerber discusses the construction manager agreement. Dave Koga, The Land Group, discusses the need for a construction manager for the proposed City Park. Discusses an additional proposal for work on the parking lot. General discussion. Sedlacek moves to approve the request for extra services, the parking lot remodel from The Land Group, for fees not to exceed $1,860.00 without further authorization. Seconded by Merrill. (Approved by voice vote and then approved by roll call vote) Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES ......... Merrill moves to approve the agreement between Eagle City and the construction manager, Wright Brothers, for the construction of the Downtown Park. Seconded by Guerber. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE: MOTION CARRIES ................. Zoning Administrator's Report: Butler no meeting of P&Z to report. City Clerk's Report: Joint Meeting with ACHD on March 3rd. Council agrees that this meeting is not necessary. Council agrees for a Joint Meeting with P&Z on March 30~h. City Attorney Report: Will provide Council with a report on update of pending litigation. General discussion. Bastian moves to go into Executive Session to discuss possible litigation. Seconded by Merrill. Bastian: AYE; Merrill: AYE; Sedlacek: AYE; Guerber: AYE: ALL AYE MOTION CARRIES ............ Mayor: APA meeting at the Senior Center on February 23ra at 1:30 p.m. I did make contact with Janet Well's daughter, Katy Olsen, she thinks she have valuable riverfront property and she is overseeing the property here for her mother. The conversation ended with my offering to have the property appraised. I will get back with her once we get the appraisal. General discussion. 8. ADJOURNMENT: Sedlacek moves to adjourn. Seconded by Merrill. ALL AYE: MOTION CARRIES... Hearing no further business, the Co..u~cil meeting adjourned at 10:25 p.m. Respectfully submitted: '/' SHAIkON K. SMITH CITY CLE~ASU~R MAYOR CITY OF EAGLE COMPREHENSIVE PLAN UPDATE LAND USE AND TRANSPORTATION FOCUS GROUP Name Address Phone No. Focus Group Interest Meeting Preference 198 Rooster Dr. Phil Whitener Eagle 83616 939-0349 Land UsefTransportation 274 N. Harvey • Burt Bradley Eagle 83616 939-0237 Transportation/Land Use Copy Express 909 Arlington PI. 939-7091 avid Brady ,Eagle 83616 939-2372 Transportation/Land Use 650 E. State, Eagle 83616 P.O. Box 434 Lloyd Campbell Eagle 83616 939-2340 Land Use/Transportation 2249 Dickey Circle Stephen Deckers Eagle 83616 939-4706 S - Land Use/Transportation Mon/Wed - OK Tues/Thurs - NO 3420 Shadow Hills Lloyd Gerber Drive 939-2366 Land Use Any Week night 1098 Los Luceros 388-8900 (w) Dana Hofstetter Eagle 83616 939-6164 (h) Transportation/Land Use Wed/Thurs RMH Co. P.O. Box 6887 Mike Hormeachea Boise 83707 336-2200 (w) Land Use/Transportation 885 Rush Road Prefers Land Use colleen Maile Eagle 83616 939-1492 Kathy Pennisi 3675 N. Saddleman 939-7774 Flexible #1 Land Use and Transportation #2 Dwayne Speegle 2295 Deer Point Ct. 375-9199 Public Services, Schools, Housing Any Week night f:lprojects1113921focgrplist.xls �c —/ Cffr-N5—L-c° Other Comments OK CHAIR APPOINTEE; out of town until end Left message 2-10 OK - FOR 2/25 OK -FOR 2/25 OK -FOR 2/25 OK -Horizon Task Force mem. OK -Eagle Road/Beacon Light OK - FOR 2/25 OK -for 2/25 OK; Handsome Ranch Estates OK; e-mail address: dwayne-speegle@leavitt.c CITY OF EAGLE COMPREHENSIVE PLAN UPDATE SCHOOLS, PUBLIC SERVICES, UTILITIES, AND HOUSING FOCUS GROUP INTEREST Name I Address Phone No. Focus Group Interest Meeting Preference Other Comments 284 S. 1st Nancy Amell Eagle 83616 939-0113 OK - FOR MEETING OF 2-25 1750 E. State Street Don Asbell Eagle 83616 939-6415 OK; Andon Plastics 3333 N Triple Ridge PI. 1im Cracchiolo Eagle 83616 939-9554 Public Services OK;Retired LA Police 3121 S. Stonington Jim Ferronato Avenue 939-5733 Public Services OK; Retired Law Enforcement 351 W. Knob Hill Ct. 939-6820 Bob / Joan Lyons Eagle 83616 939-4249 Public Services OK; Area of Impact; property owner 959 Preakness Patrick Miller Eagle 83616 939-3322 Any Group Thurs. evenings - NO OK - CANNOT MEET 2-25 726 N. Nicklauson Joe Schreiber Eagle 83616 939-4337 OK; May consider Chairmanship; Redwood Creek; 550 Sierra View Way Interested in Design Review; OK FOR Cathy Simonson Eagle 93616 939-3349 Any Group Thurs.- NO Tues/Wed - OK MEETING 704 N. Nicklaus Lane 939-8043 (h) or Nancy Viano Eagle, ID 83616 373-7313 (w) Any Group CONTACTED - OK; Idaho Public T.V. f:lprojects1113921focgrplist.xls Name Gary Blaylock Doug Cannon tt' grry Coelho Michael Gifford Mark Guho Pauline Hinman Karen Johnson Rick Musick Becky Robideaux . Gil Simpson Naomi Tyler Address P.O. Box 159 Evans Building Center Eagle 83616 2440 E. Bancroft Ct., Eagle 83616 1800 W. Woods Gulch CITY OF EAGLE COMPREHENSIVE PLAN UPDATE ECONOMIC DEVELOPMENT/DOWNTOWN FOCUS GROUP Phone No. 342-7883 (msg) 939-6435 939-0319 or 378-6371 939-3777 Voice Eagle 83616 Mail 362 Rooster Drive Eagle 83616 P.O. Box 327 Eagle 83616 3468 Flint Eagle 83616 Musick & Sons 1445 E State State Eagle 83616 The Artisan 118 E. State Eagle 83616 P.O. Box 577 Eagle 83616 83 E. State Eagle 83616 f:lprojects1113921focgrplist.xls 336-2631 939-8850 (B) 939-3344 (H) Focus Group Interest Downtown, Ec.Dev. Downtown, Ec. Dev. Downtown or Any Group Economic Dev./Downtown 939-8162 (H) Economic Dev./Downtown #1 - Downtown/Ec. Dev. 939-8092 #2 - Land Use/Transportation 939-1777 939-5889 939-0611 Downtown/Ec. Dev. 939-8087 Economic Dev./Downtown Meeting Preference Mondays - NO Other Comments CHAIRMAN - OK; Evans Lumber OK OK;Realtor Will retum call 2/11/98; Very interested OK OK OK will return call 2112/98; OK OK left message 2/10/98 Name CITY OF EAGLE COMPREHENSIVE PLAN UPDATE PATHS, OPEN SPACE, PARKS, RECREATION, AND SPECIAL SITES FOCUS GROUP Address Phone No. Focus Group Interest 2249 Dickey Circle 384-3983 Angela Deckers Eagle 83616 939-4706 A- Parks & Rec. 6423 Steepleview Drive Glida Bothwell Eagle 83616 939-0033 747 Spyglass Way ' arty Cadwell Eagle 83616 939-2680 Transportation/Land Use Meeting Preference Other Comments Mon/Wed - OK Tues/Thurs - NO CHAIRMAN; OK FOR 2/25 OK OK 2440 E. Bancroft Ct., 939-0319 or Janice Cannon Eagle 83616 378-6371 Parks, & O.S. 687 W. Rush Court Robert Edwards Eagle 83616 939-8108 Open Space, Parks & Rec. Wed evening - OK 844 W. South Channel #1 - Parks, Rec & O.S. Kay Johnson Eagle 83616 376-3444 (w) #2 - Land Use/Transportation 3168 S. Whitepost Way Morgan Masner Eagle 83616 939-6171 Parks, Rec/Open Space 2323 Buckskin Ct. 939-0282 Collin Miller Eagle 83616 384-7130 334-4180 Dave O'Kerland X 247 (B) 25 S. Riverview . Ross Rooper Eagle 83616 342-4811 (w) Land Use/Transportation OK OK; located in impact area OK OK OK; Area of Impact 2/6/98 -Left message - 2ldaho State Parks & R OK; Landscape Architect . 807 W. S. Channel Rd. Paths, Open Space, Jim Wroten Eagle 93616 939-9158 Floodplain OK f:lprojects1113921focgrplist.xls Summary A Proposed AIR QUALITY PROGRAM for TREASURE VALLEY GOALS AND OBJECTIVES A. Goals This proposal attempts to accomplish three broad goals related to improvement of air quality in the Treasure Valley: 1. Maintain healthy air quality throughout the Treasure Valley 2. Minimize the negative impact of air quality control measures on the general public. 3. Retain control of air quality programs by Treasure Valley local governments rather than abdicating local authority to federal agencies. RECOMMENDATIONS A. Administrative Recommendations Administrative recommendations pertain to local policies, and particularly to administration of the existing Vehicle Inspection and Maintenance (IM) Program. Short Range Administrative Recommendations: 1. Promote Alternative Modes of Transportation. Recommendation: That all local government agencies in Ada and Canyon Counties increase their support for and emphasis upon public transportation options when practical. 2. Remove Sunset Clauses from All Existing Air Quality Ordinances Recommendation: That Ada County and the Cities of Boise, Eagle and Garden City remove the sunset clause from their existing air quality ordinances prior to December 31, 1998, when it expires. Page 1 (Containing notes through 02/10/98) 3. Include all of Ada County in That Portion of a Vehicle Inspection and Maintenance Program to Reduce Small Particulate Matter. Recommendation: That the City of Kuna actively support reduction of small particulate matter (PM,a) pollutants in Ada County by participating in PM10 portions of the Vehicle inspection and Maintenance (IM) Program. 4. Expand Participation in the Existing Vehicle Inspection and Maintenance Program to Include All Vehicles Which Regularly Use Roadways in the Nonattainment Area. Recommendation: (1) That staff of the Ada Planning Association, the Air Quality Board and the Idaho Division of Environmental Quality prepare a draft definition of `regular use' for review by their respective agency policy makers; (2) That these same staff draft enabling legislation to empower any agency which implements a state -approved, vehicle -based air quality control program to include in the program all vehicles which 'regularly use' the roadways in that county; and (3) That this draft legislation be reviewed by the Ada Planning Association Board and the Air Quality Board for potential submission to the Idaho State Legislature. 5. Simplify Payment of Vehicle Inspection and Maintenance Program Fees. Recommendation: That draft legislation empowering the vehicle emission testing fee to be collected with the annual vehicle registration be developed and reviewed by the Ada Planning Association and Air Quality Boards for potential submission to the Idaho State Legislature. (02/01/98 Note: A non -legislative mechanism is available to accomplish this goal.) 6. Separate Vehicle Exhaust Emission Testing Sites from Repair Sites. Recommendation: (1) That the Air Quality Board be directed to implement a separation of exhaust emission testing from engine adjustment and repair, (2) That several owners of existing IM Program mobile and stationary testing sites be included in a transition team to insure that this separation is implemented cautiously and with intent to minimize negative consequences to existing station owners. NOTE: This recommendation might be coupled with recommendation #13 to smooth both transitions. 7. Redefine the Vehicle Inspection and Maintenance Program Policy on Waivers. Recommendation: (1) That the Air Quality Board (AQB) rs-define its waiver policy to increase the minimum fee over time to near national standards; and (2) That, before a waiver be granted, the owner of a failing vehicle demonstrate (via receipts) That they have already spent at least the threshold amount attempting to correct the problem. Page 2 (Containing notes through 02/10/98) Long Range Administrative Recommendations: 8. Reduce Non -Compliance with the Vehicle Inspection and Maintenance Program. Recommendation: That Ada Planning Association staff, Ada County Highway District staff and Air Quality Board staff be directed to draft alternative legislative changes for review by all three governing boards for potential selection and submission to the Idaho State Legislature. 9. Provide Financial Assistance to Expedite Upgrading Vehicle Inspection and Maintenance Program Testing Equipment. Recommendation: That the Air Quality Board be empowered to create a revolving loan program to lend public funds to IM station owners at a lower -than -market interest rate for the limited purpose of acquiring newly required testing equipment. 10. Administer the Vehicle Inspection and Maintenance Program Through Contracts with Operators. Recommendation: (1) That the Air Quality Board be empowered to contract with exhaust emission test providers rather than license them; (2) That a plan to convert to the contract -based structure and reimbursement schedule be developed by a transition group which includes existing station owners. B. Operational Recommendations Short Range Operational Recommendations: 11. Lower Existing Emission Thresholds for Carbon Monoxide. Recommendation: That the Air Quality Board, as soon as practical, review and implement the lower carbon monoxide thresholds they have already approved. 12. Increase the Accuracy of Exhaust Emission Testing. Recommendation: That the Air Quality Board be empowered to establish parameters for a second, higher engine revolutions -per -minute test and add it to the current idle exhaust emission test as soon as it can be implemented. 13. Test Diesel -Powered Vehicles. Recommendation: (1) That the Air Quality Board (AQB) establish thresholds for diesel - produced component of PM10; and (2) That AQB be empowered to incorporate testing of diesel -powered vehicles in the IM Program, as soon as convenient. Page 3 (Containing notes through 02110/98) 14. Address Citizens' Concerns About Smoking Vehicles. Recommendation: (1) That the Air Quality Board (AQB) be empowered to add an opacity test to the Vehicle Inspection and Maintenance Program; and (2) That AQB establish a training program to teach those individuals who perform vehicle exhaust emission tests to perform the opacity test reliably; (2) That the Air Quality Board (AQB) develop guidelines for a smoking vehicle hotline which maximize the potential benefits while protecting individual vehicle owners from frivolous or malicious misuse of the hotline; (3) That the AQB take the proposed guidelines to a public forum for comment; and (4) That, pending outcome of the public comment process, the AQB subsequently implement a smoking vehicle hotline. 15. Add a Visual Check of the Exhaust Gas Recycler Valve to the Existing Vehicle Inspection and Maintenance Program. Recommendation: (1) That the Air Quality Board (AQB) determine, with the assistance of existing station owners, a list of vehicles and model years for which a visual inspection of the EGR valve can be performed; (2) That the AQB develop guidelines for such visual inspection; (3) That the AQB train emission test mechanics to perform the test reliably; and (4) That the AQB add this test to the IM Program as soon as these steps are complete. 1 16. Minimize Application of Sand to Roadways and Remove Sand from Roadways Promptly After No Longer Needed. Recommendation: (1) That ACHD and I TD further minimize the application of sand on roadways by changing to air quality neutral materials for application to snow and ice covered roadways; and (2) That ACHD and ITD increase their existing efforts to remove promptly what sand is applied. Long Range Operational Recommendations: 17. Reduce Testing Frequency for Clean Vehicles. Recommendation: (1) That the Air Quality Board (AQB) be empowered to integrate remote sensing device (RSD) technology into the existing Vehicle Inspection and Maintenance (IM) Program; (2) That AQB establish thresholds by which RSD - generated emission tests can be used as the basis to waive required 1M Program tests at stationary sites; (3) That AQB review these thresholds with all appropriate regulatory agencies before adopting them; (4) That AQB develop, in conjunction with existing IM station owners, criteria by which payment could be made to private providers of such information; and (5) That AQB implement RSD technology on a contract basis with private providers as soon as enabling legislation has been adopted providing for collection of 1M Program fees in conjunction with vehicle registrations (see recommendation #6). Page 4 (Containing notes through 02110198) 18. Reduce Tailpipe Emissions of Hydrocarbons and Nitrous Oxides. Recommendation: (1) That the scope of the existing Vehicle Inspection and Maintenance Program be expanded to include monitoring and enforcement of maximum levels of vehicle -based emissions for hydrocarbons (HC) and nitrous oxides (NO,); and (2) That the Air Quality Board (AQB) develop maximum allowable thresholds for vehicle -based emissions of HC and NO,. (02/01/98 Note: Will be split into two recommendations: reduce HC [short term and easy to do]; and reduce NO, [long term because more difficult to implement].) 19. Create More Uniform Municipal Dust Minimization Ordinances and Enforce Them Consistently. Recommendation: (1) That Ada County and all cities in Ada County adopt dust minimization ordinances with applicability and enforcement maximized during the peak PM10 season; (2) That these ordinances specifically contain dust minimization and enforcement procedures to control dirt and mud tracked from construction sites onto roadways and to require loads of sand, gravel and dirt to be covered; and (3) That these ordinances provide for levels of stringency in control measures and enforcement keyed to Pollution Standard Index (PSI) conditions declared by the Idaho Division of Environmental Quality (IDEQ). I 20. Request Participation/lmplementation by Treasure Valley Governments. Recommendation: That the Ada Planning Association Board request local governments throughout the Treasure Valley to participate actively in reducing particulate matter pollutants by participating in and/or implementing the foregoing recommendations. K:IDATAIWPIABWQC Report.Sum Page 5 (Containing notes through 02/10/98)