Minutes - 1992 - City Council - 11/24/1992 - RegularCITY COUNCIt U~TI~
Nov~r 24, 1992
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The Eagle City Council met in regular session on November 24, 1992.
Mayor GUERBER presiding.
The following members were present: RICK YZAGUIRRE, THOMAS EASON,
STAN BASTIAN, KELLI BLAIR.
Moved by EASON and seconded by BLAIR to approve the minutes of the
November 10, 1992 meeting as presented. ALL AYEs MOTION CARRIED.
UNFINISHED BUSINESS~
Findings of Fact and Conclusions of Law/ Eagle Wing Development-
rezone. Moved by BLAIR and seconded by YZAGUIRRE to approve the
findings and conclusions as presented. ALL AYE~ MOTION CARRIED.
STREET LIGHT STANDARDSs Moved by BASTIANand seconded by YZAGUIRRE
to continue the ordinance and resolution until the next meeting in
order for Council to review the material presented tonight. ALL
AYEs MOTION CARRIED.
LAW ENFORCEMENT CONTRACTs The City Attorney and Mayor Guerber met
with representatives of the Sheriff's Dept and department
attorneys. The primary discussion was the indemnification and
liability of the city. The attorney for the Sheriff's Dspt
indicated they do not have a problem with such clauses but will not
indemnify the validity of city ordinances.
SALE OF MAINTENANCE EQUIP AND COPIER: The City Clerk asked for
continuance of the maintenance equipment until such time as an
inventory can be taken. Moved by BASTIAN and seconded by YZAGUIRRE
to continue the maintenance equipment, but offer for sale, at fair
market value, the Royal 4003 copier. ALL AYEs MOTION CARRIED.
COMMUNICATION SYSTEM BIDS: City Hall received the following 3
bidss
1. Music Pro Shop $3,735
2. AEI Incorp 8,799
3. AAtronics Inc. 3,972
EASON reviewed the figures with the Council and suggested AAtronics
Inc. be accepted with some negotiations to modify some of the
equipment and cost included in the contract. Moved by BASTIAN and
seconded by BLAIR to give the authority to Eason to negotiate with
AAtronics for a final bid for a communication system appropriate
for the Council room. ALL AYEs MOTION CARRIED.
BOISE WATER CORP, The Council received a proposal for the creation
of Eagle General Water Works for areas not served by Eagle Water
Co. A public meeting was held for input on the subject. The
question is to decide to proceed with the proposal of Boise Water,
create a new system, or do nothing. Public response was to unify
a system and retain it as a municipal system. Moved by EASON and
seconded by BASTIAN to proceed with a public vote seeking approval
of a $2.2 million revenue bond to create a comprehensive and
unified municipal water system to serve residents of the city. In
addition, the motion includes authorization for the city attorney
to begin negotiations with Eagle Water Corp on a purchase price,
and if good faith negotiations fail, prepare for condemnation
proceedings against the Eagle Water Co., which would begin upon
passage of the bond issue. Should the bond issue fail,
condemnation proceedings would not take place and the city would
undertake creation of a franchise ordinance and seek other
ownership for water services provided to residents of the city.
AYE, EASON, BASTIAN, BLAIR. NAYs YZAGUIRRE. MOTION CARRIED.
PUBLIC HEARING/SINCLAIR-VARIANCE
Mayor GUERBER announced that this was the time and place set for a
public hearing on a variance request from Max Miller on behalf of
Dave and Katie Sinclair. The Sinclair house was built with 5 ft.
side yard setbacks instead of the 7 1/2 ft. required by code.
Applicants
Locations
Proposal,
Dave and Katie Sinclair
Lexington Hills Subdivision
variance from 7 1/2 side setback to 5 ft. side setback
Public Testimonys none
Public hearing closed at 7s55 p.m.
Moved by BASTIAN and seconded by YZAGUIRRE to approve the variance
application as requested. This is a case of undue hardship in that
the house cannot be reconstructed. ALL AYEs MOTION CARRIED.
PUBLIC HEARING/LEXINGTON HILLS #2 - VARIANCES
Mayor GUERBER announced that this was the time and place set for a
public hearing on variance requests within Lexington Hills #2 and
throughout the C,D and E sections of the subdivision.
Applicant: Lexington Hills, Inc.
Location: Lexington Hills Subdivision 92
Proposals Phase 2, the following lots:
1. LOTS 20-25 BLOCK 5, PHASE 2
2. LOTS 27-30 BLOCK 5, PHASE 2
3. LOTS 32-37 BLOCK 5, PHASE 2
4. LOTS 1-8 BLOCK 15, PHASE 2
5. LOTS 1-13 BLOCK 14, PHASE 2
and all C,D, and E sections of the outlined map submitted with the
preliminary plat, as followss
1. approval of a rear yard setback variance of 15' on all lots
listed above
2. Side setbacks of 5' on one side and 7.5' on the other side,
provided the distance between homes is not less than 12.5' per
total set back.
Public Testimony: none
Public hearing closed at 8:05 p.m.
Moved by EASON and seconded by BLAIR to approve the following
variances:
a 15 ft rear setback is granted where there is open space (conlmon
areas) adjacent to the back portion of the lot, specifically lots
20, and 30, 32 through 37 of block 5 and lots 1, and 4 through 8,
of block 13, And, on those lots granted variances, to permit side
setbacks of 5 ft. on one side and 7.5 ft., provided the distance
between homes is not less than 12.5 ft. per total setback, to those
lots only. AYE~ EASON, BLAIR. NAY~ YZAGUIRRE, BASTIAN. MAYOR
BROKE THE TIE VOTE WITH AN AYE: MOTION CARRIED.
NEW BUSINESS:
PROCLAMATION - DRUNK & DRUGGED DRIVING MONTH,
YZAGUIRRE and seconded by BLAIR to adopt
presented. ALL AYE: MOTION CARRIED.
DEC., 1992. Moved by
the Proclamation as
ORDINANCES-RESOLUTIONS:
Moved by BASTIAN and seconded by BLAIR to dispense with the three
day ruling and to consider Ordinance 214 at this time. ALL AYE:
MOTION CARRIED.
Moved by BASTIAN and seconded by YZAGUIRRE to adopt Ordinance 214
a zoning ordinance, rezoning the property known as the "Eagle Wing
Development" from R5 to R15. ALL AYE: MOTION CARRIED.
APPOINTMENTS: Mayor GUERBER presented the appointment of Donald
Brinton to be the City of Eagle representative for the APA
Transportation technical Advisory Committee for Council
consideration. Moved by EASON and seconded by BLAIR that approval
be given to the appointment as presented. ALL AYEs MOTION
CARRIED.
ATTORNEY'S REPORT: Redwood Creek Estates: Presented by Susan
Wiebe, substituting for Mona Mack. The City Attorney has a
conflict and may be called as a witness. Mona Mack suggested
contacting Neal Newhouse for representation for the City.
There has been no response from the City's Insurance Co.
The brief will be filed in 2 months it may be 4 months before it is
resolved.
/~AYOR'S REPORT: The Mayor called on Jack Peterson, Chairman of the
Recreations Facility Committee.
Mr. Peterson reported to Council on activities of the Conunittee,
the meeting dates and work to be accomplished. He indicated a need
for a "needs assessment" study including the probability of a
swimming pool, little league and other community recreational
activities. He asked the Council to formalize the committee as a
bonafide committee, with formal endorsement, appointed by the
Council. The committee would like to be known as "The Eagle
Recreational Facility Future Task Force" There may be some cost to
the study committee, if the cost is over $100 they will bring the
proposal back to the City, if not they will absorb the cost
themselves.
COMMITTEE REPORTS,
Seniors~ the handicapped signs are ordered. We may have the scouts
install the signs and initiate other projects in the parks or City
Hall for them to do.
Pathways Committee, The city applied for 2 grants.
was offered but a $60,000 match was required.
A third one
Sewer District~ They are relocating to 82 E. State St, as of
November 30.
Library, The board is reviewing the contract with the Ada County
~ibrary District, the conflict is the amount of money the board
would receive for Eagle patrons from Ada County. The board is
asking for approval of the "Letter of Understanding", the City
Attorney will review the document and bring it back to Council.
Downtown redevelopment update~ authorization is needed for
expenditures to complete a "Bid Alternate" completing the project
from City Hall to Stierman on the S side and approving the sign
presented for the flag plaza. Moved by EASON and seconded by BLAIR
to approve the bid alternate and sign as requested. ALL AYE,
MOTION CARRIED.
The Mayor suggested the third flag of the plaza should be a City of
Eagle Flag.
CLAIMS AGAINST THE CITY, Moved by YZAGUIRRE and seconded by EASON
to approve the claims as presented. ALL AYE, MOTION CARRIED.
There being no further business the meeting adjourned at 9,00 p.m.
R,e~pe~ 1 lyt submitted, .
I~,~' M1D~N~I~GOMERY ~
EAGLE CITY CLERK
HAY'OR