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Minutes - 1993 - City Council - 01/26/1993 - Regular EAGLE CITY COUNCIL MEETING JANUARY 26, 1993 The Eagle City Council met in regular session on January 26, 1993. Mayor GUERBER presiding. Pre Council: David Storrs, developer in the Aquila Lakes project approached the Council regarding a subdivision at the Monroc location. Mr. Storrs outlined the project and asked for consideration of private streets. The Council would consider a proposal for an amendment to Title 8 to provide for private roads in certain developments. Mr. Storrs was told any such proposal would go through public hearing process and only be considered through a CUP. Becky Bowcutt, Briggs Eng brought to Council's attention a proposal for annexation of the Canfield property west of the City. Ms. Bowcutt will bring the proposal through the application and notice procedures required by ECC. Water Committee report~ Mona Mack reported on the progress of negotiations with the Eagle Water Co./Bob DeShazo. The report includes information regarding acquisition and will require executive session. Moved by BASTIAN and seconded by EASON to go into executive session to discuss acquisition of real property. ALL AYE~ MOTION CARRIED. Moved by EASON and seconded by BASTIAN to adjourn from executive session. ALL AYE~ MOTION CARRIED. The following members were present~ RICK YZAGUIRRE, THOMAS EASON, STAN BASTIAN, KELLI BLAIR. Moved by YZAGUIRRE and seconded by BLAIR to approve the minutes of the January 12, 1993 meeting as presented. ALL AYE~ MOTION CARRIED. PUBLIC HEARING/EAGLE UNITED METHODIST CHURCH-CUP Mayor GUERBER announced that this was the time and place set for a public hearing on The Eagle United Methodist Church and YMCA application for a CUP to allow a day care in the church. Applicant~ Location: Proposal: Larry Martin, Pastor Eagle United Methodist Church, Eagle Rd. a before and after school day care center for Kindergarten through 6 grade. Public Testimony: none Public hearing closed at 7:45 p.m. Moved by EASON and seconded by YZAGUIRRE to approve the conditional use permit as presented by application. ALL AYE: MOTION CARRIED. UNFINISHED BUSINESS~ Findings of Fact and Conclusions of Law/ Melvins Eagle Point #6~ Moved by YZAGUIRRE and seconded by BLAIR to approve the findings and conclusions as presented. ALL AYE: MOTION CARRIED. NEW BUSINESS: Presentation by Bill Gregory, BFI on the curbside recycling program study. Councilman EASON will work with BFI on a study and return with the progress at the second Council meeting in February. PROCLAMATION~ Moved by BLAIR and seconded by BASTIAN declaring February 8-14 1993, as Child Safety Week and authorizing the Mayor to execute the Proclamation. ALL AYE~ MOTION CARRIED. Moved by YZAGUIRRE and seconded by EASON to move the Sheriff's report to 7B on the agenda in order for Lt. Dale Woodcook to present the report at this time. ALL AYE: MOTION CARRIED. Lt. Woodcook reported on the activities undertaken by the Sheriff's Office in the Eagle area. He will ask the patrol officers to come into City Hall in order to get acquainted with staff. He was told there is a back office the officers will have available to them. The building inspector uses the office too. The City will provide a key to the back door in order to give them access. Moved by BASTIAN and seconded by YZAGUIRRE to instruct the Sheriff's Office to enforce Ordinance 216, the Camping Ordinance after the execution of the contract. IMPACT FEE ORDINANCE~ Presentation by Larry Sale, ACHD Planner. He advised the Council this is a housekeeping measure from the ACHD Commissioners. There will be a hearing on February 10, 7~00 p.m. at ACHD for an amendment to the impact fee ordinance in effect at this time. FRANCHISE APPLICATION~ Bob DeShazo submitted a written request asking for clarification of the application procedure of the franchise ordinance. Mona Mack indicated the franchise ordinance is a contract and needs to meet the following~ 1. a willingness of all the subdivisions in the Eagle Water Co. area to be served by Eagle Water Co. 2. consent of PUC to the expansion, in writing. 3. sign off of DEQ with respect to the ability of Eagle Water Co.to provide service to this area. This is a contract giving Eagle Water Co. exclusive rights to service this area. When adequate services is provided the City will need to know~ adequate information available in order to determine service. Any information Eagle Water Co. can provide in the franchise area. 2. determination where the Eagle Municipal Water Co. area is after the franchise is granted. 3. a franchise agreement speaking to the health, welfare and safety of the community. 4. franchise fees determined, such percentage would need to be investigated. 5. bonding by Eagle Water Co.- a security mechanism. Mayor GUERBER asked for a letter to be provided to the City answering these questions from the City Attorney. Mona will also review Avante Subdivision in connection with the franchise ordinance. ATTORNEY REPORTS= Dept. of Water Resources requirement regarding Lexington filling ponds will result in an amendment to the water permit. Domestic water has been used in order to keep the ponds filled to prevent cracking. That use will require metering. Lexington will file an amendment prepared by the developer in order to protect the ponds. There needs to be some arrangements made in order to repay the city for water. LETTER OF UNDERSTANDING~ This letter comes from Jo Bolen, Gibbons, Scott and Dean. The letter outlines the necessary steps in order to provide the city with a pro-forma, a prerequisite to a bond election. Moved by BLAIR and seconded by EASON to authorize the Mayor to execute this document after it has been reviewed by Robert Hilderman, West One Bank. ALL AYE~ MOTION CARRIED. MAYOR'S REPORT~ There are two medical groups interested in coming into Eagle. He has asked Jerome Mapp to work with them providing them information necessary to pursue this end. Barbara Montgomery, Eagle City Clerk asked for clarification on the proposal to amend Title 8, ECC to include a CUP for private roads in the city. Since the developers of Aquila Lakes would like to initiate this proposal they will ask for it in writing. CLAIMS AGAINST THE CITY: Moved by YZAGUIRRE and seconded by BASTIAN to approve the request from Daunt Whitman to buy the used arm chair for $60.00 and the 2 used doors for $20.00 each. ALL AYE~ MOTION CARRIED. Moved by BLAIR and seconded by EASON to approve the claims as presented. ALL AYE: MOTION CARRIED. There being no further business the meeting adjourned at 9,20 p.m. Respectfully submitted~ B~B~R~ MONTGOMERY EAGLE CITY CLERK Appfo ed .' MAYOR STEVE GUE~B~