Minutes - 1988 - City Council - 10/11/1988 - RegularEAGLE CITY COUNCIL MEETING
OCTOBER 11, 1988
The Eagle City Council met in regular session on October 11, 1988
at 7:30 p.m. Mayor GUERBER presiding.
Roll call showed the following members present: TOM MINOW, STEVE
MATLOCK, GARY WALKER, STEVE HAMMONS.
Moved by HAMMONS and seconded by MINOW to approve the minutes of
the September 27, 1988 meeting. ALL AYE~ MOTION CARRIED.
CALL FOR SPECIAL ELECTION/Liquor by the drink: Mayor GUERBER
stated that this item was put on the Agenda with the thought that
we would have a completed petition presented to the Council at
this meeting, and that the petition had not been presented to the
City, so the election could not be called until the petition had
been received. He then informed the Council that should the
petition arrive, the Council must call within five (5) days for
an election to take place within thirty (30) days. Mayor GUERBER
stated that the City anticipates having the petition in within a
few days in order to verify the names and call for the election.
Mayor GUERBER asked that this item be tabled until such time as a
special council meeting must be called in order to meet the five
day requirement.
Moved by MINOW to table the Call for Special Election, seconded
by WALKER. ALL AYE: MOTION CARRIED.
Mayor GUERBER added that in order to obtain verification of the
signatures on the petition, should it arrive, the Council would
need to appoint Kelli Blair, who is the assistant to the City
Clerk, as the Deputy City Clerk.
Moved by WALKER to appoint Kelli Blair as Deputy City Clerk in
order to facilitate the completion of verification of signatures,
seconded by MINOW. ALL AYE~ MOTION CARRIED.
ORDINANCE NO. 142, REZONE-GERBER FROM R-5, RESIDENTIAL TO C-2
AREA BUSINESS DISTRICT: Moved by MINOW and seconded by HAMMONS
to dispense with the rule requiring ordinances to be read on
three different days, and consider Ordinance #142, rezoning the
Gerber property from R-5, residential, to C-2, area business
district. ALL AYE: MOTION CARRIED.
Moved by HAMMONS and seconded by MINOW to adopt Ordinance #142 as
presented. ALL AYE: MOTION CARRIED.
ORDINANCE NO. 143: Moved by HAMMONS and seconded by MINOW to
dispense with the rule requiring ordinances to be read on three
different days, and consider Ordinance $143, an ordinance
amending Section 1-9-1, Eagle City Code, to establish the hours
EAGLE CITY COUNCIL
OCTOBER 11, 1988
PAGE 2
during which the polls shall be open for general and special city
elections; and providing effective date. ALL AYE.' MOTION
CARRIED ·
Moved by MINOW and seconded by WALKER to adopt Ordinance #143 as
presented. ALL AYE: MOTION CARRIED.
EQUESTRIAN ESTATES SUBDIVISION.' Presentation by Cal williams.
Requested is approval of the final plat for Equestrian Estate
Subdivision, which is in the impact area, not the city limits.
Mr. williams stated that the property is located on N. Eagle road
north of Beacon Light Road, and consists of 160 acres to be
divided into 40 acre tracts.
Moved by MINOW to approve the final plat for Cal williams on the
Equestrian Estates Subdivision, seconded by WALKER. ALL AYE:
MOTION CARRIED.
TREASURE VALLEY MOBILE HOME PARK CORRECTION.' Mayor GUERBER
stated that the Council needed to make some clarifications on the
motion passed at the last Council meeting regarding Treasure
Valley Mobile Home Park. He stated that at the time the
discussion was going on, there was a question raised regarding
the need to provide an extension for Mr. Renauld, and whether he
had or had not applied for an extension. At that time, the
Council thought Mr. Renauld was due to apply for an extension,
but found out after the council meeting that he has an extension
that is good until February, 1989. Therefore, the Council has
approved an extension to February, 1989 at one point and an
extension to March, 1989 at another.
Moved by WALKER and seconded by HAMMONS to overrule the Council's
secondary position, and go back to the extension date of
February, 1989. AYE'. MINOW, HAMMONS, WALKER. NAY'. MATLOCK.
MOTION CARRIED.
IDA CLEAN COMPANY: Presentation by Ida Clean representative.
Distributed information on a new garbage system for Eagle.
FINDINGS OF FACT/BANBURY VACATION OF PEDESTRIAN EASEMENT.'
Moved by MATLOCK to approve the Findings of Fact and Conclusions
of Law as it related to Banbury Subdivision Vacation of
Pedestrian Easement, seconded by MINOW. ALL AYE: MOTION
CARRIED ·
FINDINGS OF FACT/GERBER REZONE.' Moved by WALKER to approve the
Findings of Fact and Conclusion of Law regarding the Gerber
Rezone Application, seconded by HAMMONS. ALL AYE: MOTION
CARRIED ·
EAGLE CITY COUNCIL
OCTOBER 11, 1988
PAGE 3
FINDINGS OF FACT/TREASURE VALLEY MOBILE HOME PARK~ Moved by
MINOW to approve the Findings of Fact and Conclusions of Law on
the Treasure Valley Mobile Home Park waiver of condition,
seconded by MATLOCK for discussion. Council discussed the effect
of its earlier decision regarding the extension of time on these
Findings.
Moved by MINOW to amend the earlier motion, and amend the
Findings of Fact and Conclusions of Law, deleting the final
sentence in paragraph 3 beginning "Council further concluded . ."
Seconded by MATLOCK. ~J~L AYE: MOTION CARRIED.
C.L. HOUSE SUBDIVISION: Presentation by John Amyx of Century 21
AA Realtors. Mr. Amyx stated that it appeared the most logical
way to market the House property is in parcels as the demand
requires. He requested the consideration of the Council to allow
sale on a parcel basis with a plat filed as needed. The property
is located east of the City Hall/Senior-Community Center
property.
SENIOR CITIZEN LEASE: Mike Moore discussed the letter he
received from the Senior Citizens' attorney, dated October 6,
1988, regarding changes the Senior Citizens want made to the
Lease. They want the City to be responsible for any latent
defects, and want the City to be responsible for the yard
maintenance, rather than the 60/40 split now incorporated in the
Lease. Mr. Moore recommended contacting the Seniors' attorney
with new language recommendations. Carol Haley spoke on behalf
of the Senior Citizens regarding latent defects not now known to
the City.
Moved by WALKER and seconded by MATLOCK to table discussion of
the Lease in order to arrange a joint meeting with the Senior
Board within the next week. ALL AYE: MOTION CARRIED.
Mayor GUERBER suggested a lunch meeting with the Senior Board on
Tuesday, October 18, 1988.
LIBRARY BOARD APPOINTMENT: Mayor GUERBER stated his wish to
nominate Rex Hudson for appointment to the Library Board, and
discussed Mr. Hudson's financial background and his interest in
being an active member of the community.
Moved by MINOW and seconded by HAMMONS to approve the Mayor's
recommendation for Rex Hudson to be appointed to the Eagle
Library Board. ALL AYE: MOTION CARRIED.
MAYOR'S REPORT: Mayor GUERBER asked Carol Haley to make a
presentation regarding the Air Quality Board. She said Boise
EAGLE CITY COUNCIL
OCTOBER 11, 1988
PAGE 4
City had passed a new Ordinance on September 27, 1988, changing
the penalty for violation of the clean air ordinance from an
infraction to a misdemeanor, with a fine of up to $300. She
stated that Eagle has no such ordinance, but has always supported
Ada County's ordinance. She assured the Council that in future
it would be receiving copies of the agenda and minutes of the Air
Quality Board, and also requested mileage.
ATTORNEY'S REPORT: Mike Moore said the special counsel
representing the City of Eagle on the franchise fee litigation
filed a cost bill asking for attorney fees; the judge awarded
costs, took certain discretionary costs under advisement, and
denied the attorney fees. He said the basis for that is the
Court rules state unless the case is brought frivolously or
unreasonable that the judge doesn't have to award attorney fees.
Mr. Moore said our special counsel wants authorization to file a
counter-appeal on the attorney fees issue with the appeals court.
He recommends the City authorize such a counter-appeal. Mayor
GUERBER suggested verifying whether the cost for this appeal
might come under the portion of fees the City of Boise has agreed
to pay, and have our special counsel talk with the counsel for
the City of Boise.
CLAIMS AGAINST THE CITY: Moved by MATLOCK and seconded by
HAMMONS to accept the claims against the City as presented. ALL
AYE: MOTION CARRIED.
Adjournment at 8:15 p.m.
Respectfully submitted:
Blai~, Deputy City Clerk
Approved:
MAYO~S T~EV~ GUERBER