Minutes - 1996 - City Council - 02/27/1996 - RegularC
C
EAGLE CITY COUNCIL MEETING
February 27, 1996
Pre Council:
School report given by BASTIAN.
Engineers Report: Drainage, FEMA mapping, Boise River, coin-
operated lights in Friendship Park.
Parks: MERRILL introduced the park specifications that need to go
to bid, pruning and dormant spray for the trees and the proposal on
park equipment inspection. The Council agreed that the pruning and
dormant spray needs to be c~mpleted at this time under the previous
contract terms. The park inspection should be completed.
Albertson's: The location of the sign and the removal of trees have
to come back to council as an application.
A river elevations report was given by Mayor BOWER.
P&Z report was given by Mary Berent.
Attorney's report: Fairway View Subdivision amendment to the plat:
The Attorney recommends this go to public hearing before the
Council. The Council agreed with this recommendation. Mona will
draft an ordinance addressing "plat amendments" in the code.
Brighton Corp: The case was heard and the judge will take the case
under advisement.
Senate Bill 1422: Drainage Bill proposes creation
wide drainage district with ACHD in control of the
abolishes all city powers dealing with drainage.
of a county
district and
The Eagle City Council met in regular session on February 27,
1996. Mayor BOWER presiding.
The following members were present:
MORGAN MASNER, NANCY MERRILL.
RICK YZAGUIRRE, STAN BASTIAN,
Moved by BASTIAN and seconded by YZAGUIRRE to approve the minutes
of the February 13, 1996, meeting with a change on page 3,
paragraph 3, to read "The Council was asked" not "Bastian was asked".
ALL AYE: MOTION CARRIED.
CLAIMS AGAINST THE CITY:
Moved by YZAGUIRRE and seconded by BASTIAN to approve the claims as
presented. ALL AYE: MOTION CARRIED.
C
C
UNFINISHED BUSINESS:
BUILDING INSPECTOR CONTRACT:
The City Attorney spoke to the withholding portion of the contract.
She indicated that there are 3 ways to view this contract:
1. Treat the building inspector as a building contractor and not
pay withholding taxes.
2. Pass this agreement as an employee and hold a sum for taxes
from the building inspector.
3. Treat the inspector as an independent contractor and instruct
legal staff to draft language that if the IRS conflict is not
successful to the City then the sums will have to be remitted by
the building inspector as of the date of this contact.
Daunt Whitman spoke to Council, outlined the contract to them (date
of contract to IRS findings) and indicated he will assume the
penalty and interest, after the contract date. Moved by MASNER to
agree to the contract and hold the city harmless from any taxes
owed from the date of the contract. WITHDRAWN.
Moved by MASNER and seconded by MERRILL to execute the contract as
is with Daunt Whitman as an independent contractor, with language
indemnifying the City from penalty or back taxes. The building
inspector is to provide a fund to hold the monies in and have the
City Attorney draw up the contract addressing the contract as
Whitman and Assoc. WITHDRAWN.
Moved by MASNER to amend the motion to include all claims, damages
and loses including attorney fees and costs arising from this
classification of Whitman and Assoc. as an independent contractor
instead of an employee. WITHDRAWN.
Moved by MASNER and seconded by MERRILL that we accept the form of
the contract to read Whitman Corp., rather than Daunt Whitman, and
allow this to be regarded as a contract for an independent
contractor as long as the contract holds the city harmless
(indemnifies) all claims, damages and loses, including attorney
fees and costs, arising from this classification of the Whitman and
Associates as an independent contractor. ALL AYE: MOTION CARRIED.
Page 2 item 3: inspect for DR/L compliance add: conditions of
property such as weeds improper use and safety conditions.
Moved by YZAGUIRRE and seconded by BASTIAN to approve the contract
as outlined by the previous motion, have the City Attorney include
in the contract on page 2, item 3, those things that are conditions
of improper use, such as inspecting weeds, safety and sanitation
issues and property situations. ALL AYE: MOTION CARRIED.
RESOLUTION 6-95 DISTRIBUTION LIST:
2
C
C
Moved by MASNER to keep the resolution as is. WITHDRAWN.
The Council determined that the guidelines of the resolution will
be followed to see if they will work.
KESTREL COVE - SETTLEMENT & RELEASE/DRAINAGE AGREEMENT:
Moved by BASTIAN and seconded by YZAGUIRRE to add a Subsection F,
"inspection and approval by the City Engineer", be added to the
Drainage Agreement. AYE: BASTIAN, YZAGUIRRE, MASNER. NAY: MERRILL
MOTION CARRIED.
Those issues the Council discussed regarding the Drainage Agreement
were:
1. To refuse for the City to pay Ms. Sharp's costs.
2. Damage on other lots or is this exclusive to lot 23, Block 17
3. Should read all drainage conditions are satisfied must be
satisfied.
Moved by MASNER and seconded by MERRILL that the contract be
denied. AYE: MASNER, MERRILL. NAY: BASTIAN, YZAGUIRRE, MAYOR
BOWER: To deny approval of this contract. MOTION CARRIED.
Moved by BASTIAN and seconded by MASNER to continue the contract
issue to the next Council agenda. ALL AYE: MOTION CARRIED.
Moved by YZAGUIRRE and seconded by BASTIAN to move item 6B and 6C
to be heard at this time. ALL AYE: MOTION CARRIED.
LONGSON: Moved by BASTIAN and seconded by MASNER to approve the
Longson extension of time for one year, with an indemnification
agreement for sewer issues. ALL AYE: MOTION CARRIED.
CHAUMONT: Moved by YZAGUIRRE and seconded by MASNER to approve the
Chaumont extension of time for one year and require an
indemnification agreement as well. ALL AYE: MOTION CARRIED.
VAN ENGELEN ESTATES FINAL PLAT #2 AND #3:
Craig VanEngelen and Rick Roe presented the final plat to the
Council. Jim Reese, MTC engineer and project engineer addressed the
alternative elevations. Shown on the plat, lot 45 has access on the
western side and Chevron pipeline has been taken out of the plat.
Moved by BASTIAN and seconded by YZAGUIRRE to approve Van Engelen
#2 and #3 with the standard conditions, the Council conditions and
indemnification agreement. Withdrawn.
Moved by BASTIAN and seconded by YZAGUIRRE to approve Van Engelen
#2 and #3 with the 6 conditions listed in the staff report,
standard conditions, 3 conditions of Council. ALL AYE: MOTION
CARRIED.
3
C
Moved by MASNER and seconded by BASTIAN to adjourn, and carry the
other matters until the next council meeting UNANIMOUS DENIAL.
MOTION FAILS. '
PUBLIC HEARING/ORDINANCE 273 - PRIVATE STREETS:
Mayor BOWER announced that this was the time and the place set for
a public hearing on an ordinance providing for private streets in
the City of Eagle.
Applicant: Dennis Baker
Location: City of Eagle city limits
Proposal: an ordinance of the City of Eagle, Idaho, amending
Section 9-3-2-1:1 of the Eagle City Code to allow
private streets; adding a new section 9-3-2-5 to the
Eagle City Code setting forth the findings required
to be made by the Council in order to approve a private
street and further setting forth the construction and
design standards for private streets; amending section
9-5-4-3:B of the Eagle City Code to allow private
streets in Planned Unit and Condominium Subdivisions.
Public Testimony:none
Public hearing closed at 11:20 p.m.
Discussion included that private streets should be included in the
fee schedule, to include in the conditions of approval in final
plat City Engineering approval of private streets.
Moved by BASTIAN and seconded by MERRILL to continue this matter
until the next regularly scheduled meeting to allow the attorneys
to strengthen the maintenance funds portion of this ordinance in
order to assure maintenance, costs, and any other concerns. ALL
AYE: MOTION CARRIED.
Moved by MERRILL and seconded by YZAGUIRRE to continue the Channel
Center Subdivision, Ordinance 269, Rules of Order and any other
agenda items not reviewed tonight until the next meeting and to
adjourn at this time. ~A~,~,,~ MOTION CARRIED. The time was
11:45. p.m. ,~,~ ~ m'?-~
EAGLE CITY CLERK %,2 % k_~i< ~ ~[
APPROVED:
C
4
APPROVED:
MAYOR CHARLES A. BOWER
C
5