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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