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Minutes - 1996 - City Council - 06/11/1996 - RegularEAGLE CITY COUNCIL MEETING JUNE 11, 1996 Pre Council: Mayor and Council Report: The City Engineering firm resigned. The Council discussed possibilities of other engineers for the office. The Mayor has been working on a study regarding replacing the planner. He hopes to hire a full time person who wiii work as a planner, zoning administrator and code enforcement officer on a full time basis. Echo Creek: there will be a meeting at Hawley, Trolley on Friday, at 9:30 a.m. with the City Attorney. Merrill: reported on the park playground inspection. Trautman has the keys to the timer for the lights at the Tennis Courts. Merrill met with the skateboarders and rollerbladers. They would like to have a separate place for their activities in a park. They are willing to help plan it, and maintain it. MASNER: The Sewer District is still negotiating with Hormachea. The new property has not been as contested as the first site was. He gave a report regarding the land proposed to buy for a government complex. He suggested the project be abandoned and a study begin on adding to the current city hall including buying neighboring property. Yzaguirre: reported on the pathway plan for Streamside Subdivision. Bastian: Met with the Library Board regarding the upcoming budget. They are currently working on a budget and want to increase staff time to 50 hours during the school year and 46 hours in the summer. The increases would amount to about 7.75%. There were inquiries from the Library Board about a new building. City Clerk Report: The City Clerk received a Subpoena from the State of idaho vs. Cowmans. The invoice from JUB regarding the Sharp property has been received and paid. The amount of the bill was $231.54. H:\W p~NtINUTE S\CC061196.M[N The Eagle City Council met in a regular session on June 11, 1996. Mayor BOWER presiding. The following members were present: RICK YZAGUIRRE, STAN BASTIAN, MORGAN MASNER, NANCY MERRILL. REQUEST FOR APPROVAL: Moved by MASNER and seconded by MERRILL to approve the Minutes of May 28, 1996, subject to a correction on page 6, number 3 the spelling should be City's not Cities. The minutes were accepted as corrected. ALL AYE: MOTION CARRIED. CLAIMS AGAINST THE CITY: Moved by MASNER and seconded by YZAGUIRRE to approve the claims as presented. ALL AYE: MOTION CARRIED. UNFINISHED BUSINESS: CITY COMMITTEE APPOINTMENTS: BASTIAN quoted the Municipal Source Book on formation of committees. Moved by BASTIAN and seconded by YZAGUIRRE to make all committee appointments approved by the City Council and it be made into an ordinance. ALL AYE: MOTION CARRIED. The Mayor asked for a legal opinion and analysis of the proposal. (Separation in State law) CITY ELECTIONS - BASTIAN: 1. Precincts: There is only one precinct now. We need two voting places and therefore two precincts. The City Attorney will report back by memo as to the procedure. Moved by BASTIAN and seconded by MASNER to establish two precincts in Eagle in order to accommodate all the voters in Eagle. The motion was amended to create an ordinance, to authorize the City Attorney to draft said ordinance establishing two precincts. ALL AYE: MOTION CARRIED. 2. Run off elections: In State Code, Title 50, there is a Section 50-612 majority-run off elections. Moved by BASTIAN and seconded by YZAGUIRRE to authorize the City Attorney to draft an ordinance to mirror the State law. ALL AYE: MOTION CARRIED. PRIORITY ESTABLISHMENT: Final priorities approval: 1. Develop Parks 2. Implement Design Review Ordinance 3. Comprehensive Plan Additions and Changes to Meet State Laws 4. EstabLish Pathways and Setback Ordinance on River 5. Implement Downtown Plan 6. Expand Road and Street Girds 7. Implement River Ordinance 8. Begin City Hall/Library 9. Impact Area Study 10. Change Comprehensive Plan to include Industrial Zones 11. Enhance City Administrative Capacity 12. Improve Communications Written/Electronic 2. Time Line Discussion: the priorities are mostly administrative the Council would like to see from the Mayor a time line on each item. Top priority should be the top 5. Moved by MASNER and seconded by YZAGUIRRE to schedule a workshop to get timeliness for accomplishing and format and follow up and reporting for public input on the priority list. This meeting should take place after the next Council meeting. ALL AYE: MOTION CARRIED. The P&Z is to be invited. 3. Follow up and reporting: After public input. IRS EMPLOYMENT TAX CASE: The City Attorney reported on the tax case. There are 4 cities being audited at this time. Scott McDonald from AIC is working on this also. RECONSIDERATION/MERIDIAN SCHOOL DISTRICT MOTION: Moved by BASTIAN and seconded by YZAGUIRRE to rescind the motion approving the Meridian Academy for the purpose of proposing a motion that was more in line with the intent of the Council at the time the motion was made. AYE: BASTIAN, YZAGUIRRE, MASNER. MERRILL: ABSTAIN. ALL AYE: MOTION CARRIED. Moved by BASTIAN and seconded by YZAGUIRRE to approve the Meridian School District CUP application for the academy with portable buildings subject to the following conditions: 1. All permanent buildings are submitted to Design Review Committee for approval and then to City Council for final approval. C 2. The CUP is approved for a 5 year period to allow the School District time to replace temporary buildings with permanent buildings according to the schedule submitted into records, dated Feb. 14, 1996 titled Eagle Alternative School 3. The permanent buildings are constructed within the 5 year period with or without a bond election 4. That the Meridian School Board agrees by majority vote to these conditions AYE: BASTIAN, YZAGUIRRE, MASNER. ABSTAIN: MERRILL. MOTION CARRIED. ORDINANCE 274: Prohibiting operation of skateboards, roller skates or in-line skates on or within public tennis courts or within public parks. (Unless in designated areas with a misdemeanor clause) The ordinance is to be brought back with provisions for a reduced fine of $25.00 and community service if the fine is refused. Moved by YZAGUIRRE and seconded by MERRILL to authorize the City Attorney to work on the revisions and to continue the matter to a later date. ALL AYE: MOTION CARRIED. RESOLUTION 5-96: supporting the construction of a new Ada County Courthouse in the downtown area of Boise. Moved by YZAGUIRRE and seconded by MASNER remove this item from the agenda. ALL AYE: MOTION CARRIED. COMMERCIAL MORATORIUM-discussion: YZAGUIRRE wants to know how to process the applications after the moratorium. MERRILL believes that the applications should come after the moratorium first come first serve. Moved by MASNER and seconded by YZAGUIRRE to continue this item to the next Council agenda for a staff report on the problem. ALL AYE: MOTION CARRIED. PUBLIC HEARING/BARRY PETERS - CUP: Mayor BOWER announced it is the time and the place for a public hearing on the Barry Peters application for a CUP in order to place a mobile home on a residential lot until a residence is built. Applicant: Barry Peters Location: Mace rd. Proposal: to establish a mobile home temporarily until a residence is built, approx. 5 years. This is in the floodplain. C Testimony: no testimony The public hearing closed at 9:20 p.m. Moved by MASNER and seconded by BASTIAN to approve the CUP subject to 5 conditions: 1. A CUP is granted to be used only by the applicant and not used as a rental 2. That the mobile home is removed upon completion of the residence 3. The applicant must meet all the provisions of Title 10, the Floodplain provisions. 4. The CUP is granted for one year with an annual yearly review for up to 5 years 5. All alterations to the ditch are carried out with the authorization of the ditch company, Mace-Catlin Irrigation Ditch, the applicant is to bear all expenses in the undertaking of alterations to the irrigation system. ALL AYE: MOTION CARRIED. NEW BUSINESS: Orval Krason Park: a proposal was presented by the City Clerk to re-roof the park picnic area, but there are still questions regarding the proposal. The City Clerk asked that this item be continued. Moved by YZAGUIRRE and seconded by BASTIAN to continue this item to the next agenda. ALL AYE: MOTION CARRIED. DESIGN REVIEW BOSANKA MASTER SIGN et. al. Merrill addressed the application and submitted dimensions of the buildings for Council review. There appears to be a difference of opinion regarding the facade of the buildings. She cited precedent set by the city and addressed interior lighting. The Design Review application was approved by Design review Committee with the exception of internal lighting. There is a petition submitted by more than 200 people in opposition to internal lighting in the downtown area. Steve Bradbury, Mark Guho's attorney addressed the process. Mark Guho spoke to the project. Mark Manweiler, attorney for Godfather Pizza spoke to the Godfather project and the internally lit signs. There will be 3 internal lit signs on the building. Pamela Dillon- Owner of White Orchid addressed interior lit signs and the sign for her business. Moved by BASTIAN and seconded by YZAGUIRRE to approve the master plan as presented. To accept the Design review recommendation but to approve internal lighting. AYE: BASTIAN, YZAGUIRRE NAY: MASNER, MERRILL. MAYOR: DISAPPROVE. MOTION DENIED. Moved by MERRILL and seconded by MASNER to deny this application with interior lit signs. Withdrawn. Moved by MERRILL and seconded by MASNER to approve the application with the recommendations of Design Review which was to approve the application with the exception of internal lighting. Aye: MERRILL, MASNER. NAY: BASTIAN, YZAGUIRRE MAYOR: AYE. MOTION CARRIED. The City Attorney will prepare a statement of reason for the next Council agenda. ACHD-VACATION OF RIGHT-OF-WAY: Osprey Ridge Subdivision - Ada County: Moved by MASNER seconded by BASTIAN to approve the ACHD request as submitted. ALL AYE: MOTION CARRIED. ADA COUNTY TRANSMITTAL 96-07-ZOA: Ada County is proposing amendments to its Zoning Ordinance regarding the Floodway and Flood Fringe Overlay regulations. The amendments will update and clarify certain provisions of the existing ordinance and will recognize the new hydraulic data for the floodplain of Cottonwood Gulch, Stuart Gulch and Hulls Gulch. Moved by MASNER and seconded by BASTIAN to approve the transmittal as presented. ALL AYE: MOTION CARRIED. There being no further business the meeting adjourned at 11:25 p.m. '~I~ARBARA M~DNTGOI~RY EAGLE CITY CLERK ',~ APPROVED: MAYOR CHARLES A. BOWER H:\WFAMINUTES\CC061196.MIN Page f~ nf R