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Minutes - 1996 - City Council - 03/26/1996 - RegularC
EAGLE CITY COUNCIL MEETING
March 26, 1996
Pre Council:
Treasure Valley Alternative Transportation Program - Clair
Bowman/APA: A cooperative effort with Canyon County and Caldwell
for a transportation system and data base with Ada County.
Engineer's Report: Friendship Park: He checked on a timer. Would
cost an additional $600. For coin timer, clock, and wound timer (no
cost). With the wound timer there would be a cost savings of
approximately $300. The Council agreed that a wound timer would be
best and instructed the Engineer to oversee the installation.
Maps on the Boise River photographed on Feb. 6 will be available
later. He will report on them at the next Council meeting.
Reports: The Sewer District has used it's available hookups. There
are none available as of this afternoon.
The Eagle City Council met in regular session on March 26,
1996. Mayor BOWER presiding.
The following members were present:
MORGAN MASNER, NANCY MERRILL.
RICK YZAGUIRRE, STAN BASTIAN,
Moved by MASNER and seconded by MERRILL to approve the minutes of
the March 12, 1996, and March 19, 1996, meetings. BASTIAN moved
and YZAGUIRRE seconded an amendment to the motion to include page
2, "points to be considered", suggestions made by MASNER but not
part of the motion. The amendment was withdrawn. The motion
stands. The minutes are approved as presented. 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.
BEER AND WINE LICENSE/GODFATHER PIZZA:
Moved by YZAGUIRRE and seconded by MASNER to issue the city license
as requested. ALL AYE: MOTION CARRIED.
Moved by YZAGUIRRE and seconded by BASTIAN to move the issue of the
Meridian School District to A.1 under UNFINISHED BUSINESS to
discuss the sewer issue. ALL AYE: MOTION CARRIED.
The Council and Mayor all claimed ex-parte contact with school
district officials.
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MERRILL will abstain from the discussion as she is a property owner
within 300 ft., has heard this issue in P&Z as a P&Z member and as
a Design Review member.
Moved by BASTIAN and seconded by YZAGUIRRE to continue the item to
the next meeting. NO VOTE.
PUBLIC HEARING/MERIDIAN SCHOOL ACADEMY-CUP:
Mayor BOWER announced that this was the time and the place set for
a public hearing on the Meridian School Academy an application for
a Conditional Use Permit to establish an alternative school site in
Eagle.
Applicant: Meridian School District.
Location: E. State St.
Proposal: To establish an alternative school site for high school
students.
Written testimony was introduced to the public and Council by Mary
Berent.
Jim Carberry, representative of the school district, spoke to the
Council and asked about the sewer situation. They would like to
continue with the public hearing and make approval contingent on
future sewer availability. Enrollment would be up to 150 students.
The street will be a public street, 51 ft. with sidewalks both
sides of the street with trees outlining the streets. The
classrooms are portable classrooms.
The Mayor asked for written testimony to be read into record.
Written Testimony:
Bob Copeland- opposed
Jean Marseau & Cheavers-in favor
Diane Horkley-in favor
Vada Cooper-in favor
Jeff & Claire Chapple-opposed
Dolores Creed-opposed
Otto Achenbach-opposed
Eldora Gray-opposed
Concerns addressed in written testimony: noise, property values,
incompatibility with neighborhood, not in a master plan,
evironmental issues, traffic and growth, business district for
businesses, not schools, no need for additional schools, vandalism,
not harmonious with surrounding area, questions future development
not outlined in the applicaiton, landscaping not sufficient so near
State St.
The remaining written testimony was not read into record at this
time.
Public Testimony:
Robert Day-in favor
Dolores Creed-opposed
Marilyn Reynolds-in favor
George Emerson- opposed
Linda Wright-in favor
Scott Leverman-opposed
Sherry Fry-in favor
Terry Stevens-opposed
Carolyn Stovall-in favor
John McCoy-opposed
Ron Marshall-in favor
Mike Kidder-opposed
Calvin Wood-opposed
Dave Roylance-in favor
Terry Young-opposed
A1 Courtial-speed limit
Concerns of the public: Location, buildings to close to homes, the
need to expand the school in Meridian, rather than build one in
Eagle, speed limit should be changed.
Moved by BASTIAN and seconded by YZAGUIRRE to continue the public
hearing until the next regularly scheduled meeting. AYE: BASTIAN,
YZAGUIRRE, MASNER. MERRILL: Abstain. MOTION CARRIED.
Moved by MERRILL and seconded by YZAGUIRRE to hear the Eagle Fire
District under UNFINISHED BUSINESS at this time.
PUBLIC HEkRING/EAGLE FIRE STATION ~2- CUP:
Mayor BOWER announced that this was the time and the place set for
a public hearing on the Eagle Fire Station #2 Conditional Use
Permit for a fire station in a residential district.
YZAGUIRRE declared he is a fire commissioner and will abstain from
discussion of the issue.
Applicant: Eagle Fire District.
Location: The NW corner of SH55 and Floating Feather Rd.
Proposal: Fire Station and grounds.
Steve Christensen, project engineer, outlined the plan to the
Council. The station, is a total of 3,488 sq. ft. and includes
living quarters. The station blends in with the existing
subdivision.
Dan Friend, Fire Chief, testified that they have the sewer permits
and he does not have water problems.
Public Testimony: A1 Courtial - opposing
Public hearing closed at 10:15 p.m.
Moved by MASNER and seconded by MERRILL to approve the project with
an amendment that the P&Z conditions and standard conditions are
included in the motion. AYE: BASTIAN, MASNER, MERRILL. YZAGUIRRE:
Abstain. MOTION CARRIED.
EAGLE FIRE DISTRICT - DESIGN REVIEW:
Moved by BASTIAN and seconded by MASNER to accept the
recommendations of Design Review. AYE: BASTIAN, MASNER, MERRILL.
ABSTAIN: YZAGUIRRE. MOTION CARRIED.
UNFINISHED BUSINESS:
ORDINANCE 273 - PRIVATE STREETS (continued):
Moved by BASTIAN and seconded by YZAGUIRRE to dispense with the 3
day ruling and consider ordinance 273 at this time. This Ordinance
includes Private Streets within the City Limits of Eagle. ALL AYE:
MOTION CARRIED.
Moved by BASTIAN and seconded by YZAGUIRRE to adopt Ordinance 273,
by adding a definition of a private road to section 9-1-6, amending
section 9-3-2-1:1 of the ECC to allow private streets; adding a new
section 9-3-2-5 to the ECC 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 ECC to allow
private streets in planned unit and condominium subdivisions; and
providing an effective date. Roll Call: BASTIAN, YZAGUIRRE,
MASNER, MERRILL. MOTION CARRIED.
C~L~NNEL CENTER SUBDIVISION/FLOODPLAIN DEVELOPMENT-(continued):
Mary Berent read from a letter received from the applicant asking
for the City to defer action until the next regularly scheduled
meeting.
The City Attorney gave a legal review including that the
application must be considered with current law excluding ordinance
273, for Private Streets.
Steve Bradbury, attorney, asked to defer this issue for an
opportunity to consider the application with public roads, or in
order to give an alternative legal opinion.
Moved by YZAGUIRRE and seconded by MASNER to continue this issue
until the next regularly scheduled meeting. ALL AYE: MOTION
CARRIED.
ORDINANCE 269 - AMENDING TITLE 8 PLANNED UNIT DEVELOPMENTS
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(continued):
Moved by MASNER and seconded by YZAGUIRRE to continue this in order
to give the City Attorney time to distribute the memorandum on this
matter.
KESTREL COVE SETTLEMENT & RELEASE/DRAINAGE AGREEMENT -
(continued):
The Mayor and City Attorney have discussed this issue. The City
Attorney stated her opinions have not changed, nor has Mr. Narvers.
The Agreement released Mr. Narver on drainage issues in the future.
Mr. Narver agreed to narrow the drainage issues in the Agreement to
only the lots in question which border Ms. Sharps property, lots 23,
24 and 25. Brian Donaldson, JUB Engineering laid down the
conditions to solve the drainage problem. Stan McHutchinson, the
City Engineer, received the conditions and addressed them.
Moved by YZAGUIRRE and seconded by MASNER to continue this so that
the City Attorney can provide the latest Agreement and the letter
with conditions from JUB. ALL AYE: MOTION CARRIED.
The City Attorney needs to get the fixed fee from JUB and report
back to Council. The quoted $386.00 fees for Ms. Sharps charges to
JOB plus additional fees derived from Mona's contacting them should
be the total.
PARK MAINTENANCE BIDS: The City Clerk announced that the City
received only one bid for park and city ground maintenance. The
bid was received by Trautman Landscaping. Trautman has been
maintaining the grounds for 4 years.
Moved by YZAGUIRRE and seconded by BASTIAN to continue the matter
until the next regularly scheduled meeting in order to distribute
the information to Council for the next meeting. AYE: BASTIAN,
YZAGUIRRE, MERRILL. NAY: MASNER. MOTION CARRIED.
UNCOLLECTIBLE ACCOUNTS - EM2: The City Clerk received notice from
EM2 that there are certain accounts amounting to $134.11 that are
uncollectible. Three of the accounts are from Max Miller
Construction, a bankruptcy and four others that are judged by EM2
to be uncollectible. EM2 asked for Council approval.
Moved by MASNER and seconded by YZAGUIRRE to leave this to the
Mayor's discretion regarding liens on the property for the
uncollectible accounts. ALL AYE: MOTION CARRIED.
The City Attorney advised it would be more money to file liens than
charged off.
REPORTS: Governer - The City may not want to participate due to
the costs.
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The tunnels connected to the bypass was brought up.
IRS report was given by the City Attorney and Mayor BOWER.
There being no further business the meeting adjourned at 12:05 p.m.
P~espect fully ,submitted
Q~RBARA MONTGOMERk k~ ~AGLE CITY CLERK)
APPROVED:
MAYOR CHARLES A. BOWER
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