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Minutes - 1992 - City Council - 02/11/1992 - RegularEAGLE CITY COUNCIL MEETING FEBRUARY 11, 1992 Pre Council: Items discussed, Grant Administrator proposal, Daunt Whitman contract, Eagle Impact Area, and engineering services. The Eagle City Council met in regular session on February 11, 1992. Mayor GUERBER presiding. The following members were present: STAN BASTIAN, KELLI BLAIR. RICK YZAGUIRRE, THOMAS EASON, Moved by YZAGUIRRE and seconded by BLAIR to approve the minutes of the January 28, 1992 meeting as presented. ALL AYE: MOTION CARRIED. ORDINANCES: ORDINANCE #198-Cablevision Franchise Amendment: Wayne Watson, representative of United Cablevision was in attendance, discussion involved the term of the franchise agreement SECOND READING OF ORDINANCE #198-CABLEVISION FRANCHISE ORDINANCE BY TITLE ONLY. Third reading of the Ordinance scheduled for the Council meeting of February 25, 1992. The attorney representing United Cablevision will negotiate the agreement with the City Attorney, Mona Mack regarding the Franchise fee and term of the contract. Mona will report back to Council. DOWNTOWN REDEVELOPMENT GRANT ADMINISTRATOR PROPOSALS: The Council discussed the two proposals received from Ida-Ore Planning CDBG Association and Management Services-Wayne Forrey. Those services discussed are as follows: 1. Overall Quality of the Proposal's Content 25 % 2. Consultant Qualifications and Experience 25 % (including reference checks) 3. Availability and Capacity of the Consultant to respond 15 % 4. Service Proposed 15 % 5. Cost 20 % Moved by Eason and seconded by Blair to accept the proposal given by Ida-Ore Planning Association based on content of the proposal, previous aid to the City, expenses and ability. ABSTAIN: YZAGUIRRE. AYE: EASON, BASTIAN, BLAIR. MOTION CARRIED. PROCLAMATION: Mayor Guerber issued a proclamation for the week of February 9-15, 1992, to be CHILD PASSENGER SAFETY AWARENESS WEEK in Eagle. Ada County Transmittal: Kensington Meadows 92-02-PDR: The application is for a 10 lot PUD consisting of 54.05 acres, located at the SW corner of Beacon Light and Ballantyne Ln. The subdivision is within the Eagle USPA. The Eagle Comprehensive Plan allows 5 units per acre within this area. Moved by EASON and seconded by BASTIAN to approve Ada County Transmittal 92-02-PDR Kensington Meadows as presented. ALL AYE: MOTION CARRIED. MARVIN SUBDIVISION-FINAL PLAT: Dave Roylance, Engineer for the Marvin Subdivision project, presented the final plat to the Council. Moved by BASTIAN and seconded by YZAGUIRRE to approve the final plat subject to the City standard conditions and rather than street lights to install lights on the lots controlled by electric devices. The lights standards to be placed in the CC&R's. ALL AYE: MOTION CARRIED. APPOINTMENTS: Mayor GUERBER presented the appointment of Tom Eason, Ken Smith and Barbara Montgomery to the Transportation Task Force, to study a 2010 Transportation Plan, for Council consideration. NO MOTION, GENERAL CONSENT. SHERIFF'S REPORT: The activity outlined by Ada County Sheriff's Dept. was outlined to Council by Lt. Pat Cowles. ATTORNEY'S REPORT: A report was given on the progress of initiating a water company with Lexington Hills representatives, discussion of ACHD proposal on impact fees, notice to Darla Craft and park bids. MAYOR'S REPORT: The discussion regarding park bids continued with the input of Mr. Gilespie from Pro-Lawn. Mr. Gilespie would like the opportunity to bid on the maintenance of the parks. Council woman BLAIR was asked to get the specifications and guidelines from Meridian and Nampa and present them to Council at the next meeting. BUILDING INSPECTOR CONTRACT: Moved by YZAGUIRRE and seconded by EASON to have the City Attorney draft a contract using option 5 (base pay $500 per mo and 30%), beginning in March, running from the 20th of each month as the ending date. ALL AYE: MOTION CARRIED. IMPACT AREA: The subject of the southern boundary of the City limits was discussed. Meridian and Boise have indicated they want their city impact areas to be adjacent to Chinden Blvd. The Council discussed the possibility of Eagle negotiating a new Impact Area Agreement and moving the City impact area across Chinden. Moved by YZAGUIRRE and seconded by EASON to leave the impact area as is. AYE: YZAGUIRRE, EASON. NAY: BASTIAN, BLAIR. MAYOR GUERBER VOTED NAY TO BREAK THE TIE. MOTION FAILED. The Mayor asked the City Clerk to contact Meridian and inquire what the intentions of the City of Meridian are for the area adjacent to the northern boundary of Chinden Blvd., and to report to Council so that Council may decide whether or not to attempt a change the impact area boundaries. COUNCIL REPORTS: BASTIAN.' Sewer.. discussion Island Woods and Evans Sub; Library, school (looking for 40 acres within or about Eagle. YZAGUIRRE: Eagle Pathway.. the same Greenbelt Committee renamed Pathway; Eagle Fun Days.' June 13, 1992, Chairpeople ares Nancy Merrill, Dan Friend, Rick Yzaguirre, Sherri Sharp. There will be a meeting regarding Fun Days on Feb. 25, at 12..00 p.m., at the Fire Station. EASON~ Gem Communities meeting: discussed a "mission statement" BLAIR.. Senior Citizen Center.' The Seniors reported adding a part time person to the staff at $5.00 per hour for security and maintenance; Parks.. the Girl Scouts are going to plant flowers in OK Park this spring. CLAIMS AGAINST THE CITY.. Moved by EASON and seconded by BLAIR to approve the claims as presented· ALL AYE: MOTION CARRIED· There bein~ ~urther business the meeting adjourned at 9:55 p.m. \ EAGLE ~' A.P~Q%~ED MAYOR STEVE GUERBER EA,G'LE CITY COUNC~T'r- FEBRUARY 25, 1992 Pre-Council: Formation and standards of creating a water company were discussed. The Eagle City Council met in regular session on February 25, 1992. Mayor GUERBER presiding. The following members were present: RICK YZAGUIRRE, THOMAS EASON, STAN BASTIAN, KELLI BLAIR. Moved by YZAGUIRRE and seconded by EASON to approve the minutes of the February ll, 1992 meeting as presented. ALL AYE: MOTION CARRIED. UNFINISHED BUSINESS: Building Inspector contract: The City Attorney, Mona Mack, addressed the new contract by advising the Council that the contract calls for a flat fee of $500.00 per month plus 30% of the building permits. The 30% should not be applied to any construction over $500,000, which would need to be negotiated. In addition the contract requires the building inspector to carry comprehensive liability insurance in the amount of $500,000. Moved by EASON and seconded by BASTIAN to accept the contract with the proposed changes presented by the City Attorney. ALL AYE: MOTION CARRIED. Grant Administrator Contract: The City Attorney informed the Council that the contract was a standard grant agreement. Moved by BASTIAN and seconded by YZAGUIRRE to accept the Grant Administrator Contract between the City of Eagle and Ire-Ore for administration of the Downtown Redevelopment Grant (ICDBG). ALL AYE: MOTION CARRIED. ORDINANCE #198: An amended Franchise Ordinance with United Cablevision: The City Attorney informed the Council that the two items the Council wanted to be included in the amendment had been amended and were in place. Those two items were the length of the contract to the year 2012 at 5%, or a percentage as Federal guidelines mandate. Moved by YZAGUIRRE and seconded by BASTIAN to accept the amended Ordinance #198 to reflect the changes. ALL AYE: MOTION CARRIED. ORDINANCES: Moved by YZAGUIRRE and seconded by BLAIR to dispense with the three day ruling and to consider Ordinance #198 at this time. ALL AYE: MOTION CARRIED. Moved by YZAGUIRRE and seconded by BASTIAN to adopt Ordinance #198, an Ordinance relating to the Cable Television Franchise within the City; Repealing Ordinance No. 189; Amending Section 6-4-1, Eagle City Code, to modify the definition of grantee, amending Section 6- 4-2, Eagle City code, to revise to extend the duration of the franchise to the year 2012; amending Section 6-4-23, Eagle City code, to Modify payment to the City, enacting Section 6-4-25, Eagle City Code to provide for review. ALL AYE: MOTION CARRIED. IMPACT AREA: The area of discussion was the southern border of the Eagle Impact Area. Mayor GUERBER reported to Council that it appeared to be the intent of Meridian to include that area in the Meridian Impact area for the purpose designating it residential. The Ada County Commissioners have indicated they do not want to have commercial in the area, but approve limited development to take place. Moved by YZAGUIRRE and seconded by BASTIAN for the City of Eagle not to consider expanding the Eagle Impact Area across Chinden Blvd. ALL AYE: MOTION CARRIED. WOOD BURNING CONTROLS-Mike McGowan on DEQ Woodburning: Mr. McGowan advised the Council that they are looking for a County wide ordinance on Burn Bans and enforcement. They will send the criteria obtained from Garden City and Boise for the Council to review. Then will meet with the County Commissioners, the City of Eagle, Boise Meridian and DEQ in order to draft a document and work together. REDWOOD ESTATES/pre annexation by Gary Madenford: Mr. Madenford is requesting application for annexation, R1 zoning for an 80 acre subdivision W of Eagle on State St. The property is currently the Plunkett Farm and Goade Estate. The subdivision contains 62 lots, (3 lots per 4 acres). Mr. Madenford was advised by Council that individual wells were not acceptable, and advised Mr. Madenford to re-plan the lots round the chevron pipeline, particularly lots 35,34,56,55,61,62, and to provide connector roads at each end at lots 38 and 25, then proceed through the public hearing process. AUDIT REPORT/Jo Bolen, Gibbons, Scott and Dean, CPA: Audit report for FY90-91 given to Council. By Council directive Ms. Bolen will present the Audit findings to the Library Board. The audit includes a recommendation that the Library B~ard discontinue the use of a checking account since they no long'use the account for more than approximately 4 checks a month, and cautioned the library funds, not budgeted, cannot be spent. It was also noted that the City needs to require invoicing prior to payment of city funds. EAGLE NURSERY:Design Review/Sign: Pete Cinterino, owner of Eagle Nursery, addressed Council with his proposal for two detached street signs 20ft x 14ft, a permanent structure with landscaping. A readerboard 8ft x 5ft within the sign has been designed for interior or exterior lighting. Mr. Cinterino asked for interior lighting to be approved. Moved by BLAIR and seconded by EASON to approve the proposed sign with the provision the Council will revisit those areas outside the downtown area to amend the design review code, which appears to speak to the downtown and slower traffic areas rather than the outskirts of the City limits where other considerations need to take place. The approval is for two signs with interior lighting with a condition that there will not be an effect on traffic with the lighting. ALL AYEs MOTION CARRIED. APPOINTMENTS: Transportation Task Force, continued until the next meeting. MAYOR'S REPORTs The new subdivision approval conditions address street lights in subdivisions. There is a question remaining about street lighting fees. Although the developer is expected to install the street lights, the monthly Idaho Power bill has not been addressed. Other cities ask the lights to be installed by the developer, they are dedicated to the city and service paid by the city. The alternative is that the homeowners association assume the responsibility of maintenance of street lights. Also discussed was the type of lighting and quantity with a subdivision. The question remains as to who pays the bill the city or association? EASON will prepare a report, with the aid of the staff, and present the report on this subject to the Council on March 24 in order to resolve these questions. ATTORNEY'S REPORT: Mona hopes to have a report on the Mendiola property by the next Council meeting. The formation of a water company should be on the next agenda dealing with the standards and contract. PARKSs After discussion regarding contracting for park maintenance, the City Clerk volunteered to contact the Attorney Generals office for an opinion regarding the bidding process. We need to determine if the service is in the nature of "personal service" or general maintenance. If the opinion is that bidding is required the City Clerk was directed to start the bidding process. Park standards were discussed and it was established that we need to have direction on chemicals, the kinds of fertilizers and quantities. COMMITTEE REPORTS: Reports were given regarding proposed school locations, traffic patterns, and law enforcement. CLAIMS AGAINST THE CITY.. Moved by YZAGUIRRE and seconded by BLAIR to approve the claims as presented. ALL AYE.. MOTION CARRIED. There,. being no further business the meeting adjourned at 10.'30 p.m. Respect~,,t} 'Subml ~,~OR STEVE GUERBER