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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 The amendment was withdrawn.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. C C 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 C (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. 5 C 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 6