Minutes - 1996 - City Council - 06/25/1996 - RegularEAGLE CITY COUNCIL MEETING
Minutes
June 25, 1996
Pre-Council:
Sheriff's Report: Lt. Woodcook introduced Officer Jerilee Archer
who will be working in Eagle until about August 15, another
officer will be assigned at that time.
Mayor and Council Report:
MASNER: reported on the AIC Conference seminar on
parliamlentarian procedures.
Merrill: met with skateboarders and some of the parents. They
divided into conunittees for the purpose of fund
raising,advertising and the other land acquisions.
Design Review: The Committee is still working toward getting the
Ordinance through the process.
YZAGUIRRE: Pathway, the Streamside Pathway Plan has been
completed. He asked the Council if they want to see it. They
agreed that the plan as adopted by the Committee is sufficient,
but it needs to be copied to Council.
Mayor: The Holiday Engineering Firm will handle the Engineering
questions until a contract is initiated by the City. There is
an Engineering meeting, an IRS meeting and one on Echo Creek
this week.
The Eagle City Council met in regularly session on June 25,
1996, Mayor BOWER presiding.
The following members were present: RICK YZAGUIRRE, STAN
BASTIAN, MORGAN MASNER, NANCY MERRILL.
REQUEST FOR APPROVAL: Minutes
Moved by MASNER and seconded by YZAGUIRRE to approve the Minutes
of May 14, and June 11, 1996, and the Claims. ALL AYE: MOTION
CARRIED.
Mayor BOWER requested that the agenda be amended to hear the
joint public hearing on the Eagle Area of Impact at this time.
There were no objections to the proposal.
PUBLIC HEARINGS: Eagle Area of Impact amendments, Ordinance #275
Mayor BOWER announced it was the time and the place for a public
hearing on amending the Eagle Impact Area to include a sports
park area. The ordinance includes a no annex provision.
Dave Abo, Planner with Ada County Development Services gave the
staff report. He announced that this is a joint public hearing
between the Ada County Commissioners and City of Eagle.
Ada County has been working with the National Guard and other
groups for donations toward this park. Ada County's
responsibility to the park is ownership of the land and
coordinating those donating time and effort to its
development.
Testimony:
A1 Courtial: questions water for the park
Louise Lister: home abuts the park, wants to make sure of
buffering against a land fill.
Donna Griffin: A parks representative outlined the park area
for the audience. There are people who are interested in
donating services. There is also great interest about the
types of facilities that are desirable in the park.
The public hearing closed at 8:03 p.m.
Moved by SIMMONS and seconded by BISTERFELDT to amend, Ada
County Code, Ordinance 309, amending Title 9, Chapter 2, The
Eagle Area of City Impact. The Eagle Area of City Impact is
the area designated on the Eagle Area of City Impact Boundary
Map, fully incorporated by reference, copies of which are
available for inspection at the Ada County Development
Services Department. The amendments to Ordinance 199, as
adopted May 25, 1989, and upon annexation the provisions of
this Chapter shall no longer apply to the annexed area. The
City of Eagle shall not annex the land designation as set
forth in Ordinance #309. ALL AYE: MOTION CARRIED.
Substitute motion by GLENN to approve Ordinance #309 striking
subsection C, Page 3, that the City of Eagle shall not annex
the land designated in ordinance #309. MOTION FAILED
Moved by YZAGUIRRE and seconded by BASTIAN to dispense with
the three reading rule and consider Ordinance #275, an
Ordinance amending the Eagle City Code, Title 8, Chapter 8,
Section 1, of the Area of City Impact; and providing an
effective date. ALL AYE: MOTION CARRIED.
The Council expressed a desire that in the future the
annexation provision of this Code be revisited with the
Commissioners for opportunity to revisit this issue.
Moved by YZAGUIRRE and seconded by BASTIAN to adopt Ordinance
~275, as presented and read. ROLL CALL: AYE: BASTIAN,
YZAGUIRRE, MASNER, MERRILL. MOTION CARRIED.
Ui~FINISHED BUSINESS:
C
Findings of Fact and Conclusions of Law/Oxford Court
Subdivision: The City Attorney asked for continuance of this
item. Moved by MASNER and seconded by YZAGUIRRE to continue
this item to the next agenda. ALL AYE: MOTION CARRIED.
Findings of Fact and Conclusions of Law/Barry Peters-CUP:
Moved by BASTIAN and seconded by MASNER to adopt the findings
as presented. AYE: MOTION CARRIED.
Findings of Fact and Conclusions of Law/Meridian Academy-CUP:
Moved by YZAGUIRRE and seconded by BASTIAN to adopt the
findings and submit them to the Meridian School District
Board. ALL AYE: MOTION CARRIED.
ORVAL KRASON PARK - ROOF PROPOSAL:
Moved by BASTIAN and seconded by MASNER to accept the proposal
in the amount of $510. ALL AYE: MOTION CARRIED.
COMMERCIAL MORATORIUM-APPLICATION PROCESS:
The City can't officially accept applications at this time,
but there is a proposal to pre-review applications as they
come in, without officially receiving an application. No fees
should be received at that time.
Moved by MASNER and seconded by YZAGUIRRE to receive
applications into the city office on a first come, first serve
basis, but to wait until the moratorium is over to accept
applications. WITHDRAWN
Moved by BASTIAN and seconded by YZAGUIRRE to postpone this
item until the next regular meeting. ALL AYE: MOTION CARRIED.
NEW BUSINESS:
Ada County Transmittal # 96-22-PDR/96-07-PR Buckwheat Acres:
residential development and private road access. An 8 lot
subdivision, one lot per 5 acres. Moved by BASTIAN and
seconded by YZAGUIRRE to approve this with the 6 conditions
P&Z placed on this transmittal. ALL AYE: MOTION CARRIED.
a
Ada County Transmittal #96-21-ZC Royal Von Puckett: Caroline
Puckett spoke to the application. This application is based
on a family hardship. This is a rezone request from RT to Ri
on 4.99 acres in order to accommodate a family member. Moved
by MASNER and seconded by MERRILL to deny the application as
recommended by P&Z with considerations recommended by P&Z. ALL
AYE: MOTION CARRIED.
City of Boise-Memorandum of Understanding Negotiations:
MASNER reminded Council that the City has no jurisdiction over
the sewer, water, etc.
C
Moved by YZAGUIRRE and seconded by MERRILL for the Mayor to
take the steps with Boise toward a Memorandum of Understanding
(MOU) with the Eagle Sewer District. ALL AYE: MOTION CARRIED.
China Ocean, Inc.-Beer and Wine License: Moved by YZAGUIRRE
and seconded by BASTIAN to approve the license as submitted.
ALL AYE: MOTION CARRIED.
The staff was directed to omit the requirement for citizenship
from the Beer and Wine Application.
Statesman/Valley News: Legal Publication-MERRILL wants the
Council to consider the Statesman Newspaper as Eagle's legal
newspaper so we can make a better time line for hearing
issues.
Pat from the West Ada stated he will legally be able to accept
the legal publications from Eagle, Eagle will amend the
ordinance at that time.
Moved by BASTIAN and seconded by MASNER to direct the staff
to amend the ordinance when that time comes. ALL AYE: MOTION
CARRIED.
ITD-SH55 & Bypass Pedestrian Crossing Committee:
Moved by BASTIAN and seconded by YZAGUIRRE to have the Mayor
bring back to Council names in order to establish a Committee
to oversee the ITD-SH55 and the Bypass Pedestrian Crossing
Committee. He is to come back to Council for approval of
members. ALL AYE: MOTION CARRIED.
The Council would like someone from the Grossman family, Echo
Creek Subdivision, school, pathways, P&Z and Council.
ITD Cooperative Illumination Agreement-Intersection SH44 and
SH55: Moved by YZAGUIRRE and MASNER to continue this in order
to have an ITD representative present to speak to this issue.
ALL AYE: MOTION CARRIED.
Finding of Fact-General Discussion: MERRILL proposed
presentation of findings at the time of a public hearing
created by the applicant. The City Attorney agreed as long as
the City Attorney had the opportunity to review the findings.
The council does not agree.
Moved by BASTIAN and seconded by YZAGUIRRE to go into
executive session to discuss probable litigation and personnel
evaluation. ROLL CALL: AYE: BASTIAN, YZAGUIRRE, MASNER,
MERRILL.
EXECUTIVE SESSION: PROBABLE LITIGATION AND PERSONNEL:
C
Moved by MERRILL and seconded by YZAGUIRRE to give Barbara
Montgomery her regular vacation, comp time, and wages earned
plus 2 month salary in exchange for releasing the city from
any claims against the city that she may ask from the State of
Idaho, the Fair Standards Act, for uncompensated pay. ALL
AYE: MOTION CARRIED.
Having no further bus~,.e Council meeting adjourned at
Resp~~ su~/t
AGLE CITY
APPROVED:
MAYOR CHARLES A. BOWER
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