Loading...
Minutes - 1993 - City Council - 04/13/1993 - RegularEAGLE CITY COUNCIL MEETING April 13, 1993 Pre Council: 6:30 p.m.: The revisions to the Design Review Ordinance was discussed by Ron Marshall. Mr. Marshall presented proposed amendments to the Council. The Council suggested further review of the sign portion of the Ordinance. Jerome Mapp gave a progress report on the Downtown Development. Mr. Mapp informed the Council the closing date should be the last of May or first part of June. The LID portion of the project was discussed. Part of the LID funds include payment to Idaho Sand & Gravel in the amount of $12,817.26 and LID Administration $3,522.50. There is a balance available of $23,660.24. The 504 Committee toured the City. There are a few changes that need to be made, most of the changes need to be made in the Library. The City received a complaint regarding Prime Earth Gravel Extraction. Property owners in the area complained about garbage being brought into the area, the road is not being oiled or watered in order to hold the dust down and other infractions of the conditional use permit and reclamation plan are taking place. The Council directed the City Clerk to call the Dept. of Lands and ask them to do an inspection of the area, to have the building inspector check the fence for adequacy, and call Prime Earth and have them oil the road. Then, to place the subject on the next Council agenda for further discussion and a report. The P&Z report was given by Mary Berent. Dale Woodcook from the Ada County Sheriff's Office reported on the law enforcement activities in Eagle. The City Clerk informed the Council the Budget Public Hearing date this year will be August 31, 1993. She asked for consideration to include additional fire code conditions to the City of Eagle Subdivision Conditions of Approval. She also asked for clarification on a suggestion by BASTIAN to review the Water Code and include the definition of a water system to include wells. It was not clear if the Council was directing the City Attorney to initiate the amendment to the Code. The Council will address the amendment with the City Attorney in order to make said change. Regular Council Session: The Eagle City Council met in regular session on April 13, 1993. Mayor GUERBER presiding. The following members were present: RICK YZAGUIRRE, BASTIAN, KELLI BLAIR. Absent: THOMAS EASON STAN Moved by YZAGUIRRE and seconded by BASTIAN to approve the minutes of the March 23, 1993 meeting as presented. CARRIED. ALL AYE: MOTION NEW BUSINESS: AUDIT REPORT: The Audit of the FY 1991-92 was given by Jo Bolen, Gibbons, Scott and Dean, CPA. Ms. Bolen indicated that audit went well, there needs to be some attention given in the area of requiring invoices rather than payments made by statements, and receipts need to be retained. Also she called particular attention to the total of the budget for the year. The budget needs to be reopened if it exceeds the total budgeted amount for the year. Moved by YZAGUIRRE and seconded by BLAIR to approve the FY 1991-92 as presented. ALL AYE~ MOTION CARRIED. Ada County Transmittals: 93-11-PDR/BUCKHORN ESTATES: Moved by BASTIAN and seconded by YZAGUIRRE to approve the transmittal with the staff recommendations. ALL AYE: MOTION CARRIED. 93-91-ZOA/AUTOMOBILE WRECKING YARD: Moved by YZAGUIRRE and seconded by BLAIR to approve the transmittal with the staff recommendations. ALL AYE: MOTION CARRIED. Mayor GUERBER asked the City Clerk to call Ada County regarding Shady Acres. There appears to be violations on the location of the car sales on the property. The cars are throughout the site. LEXINGTON PHASE 4-final plat: The final plat was presented by Dave Roylance. This phase includes 29 single family lots, all of Lexington has a pressurized irrigation system, and has central water and sewer services. Moved by BASTIAN and seconded by YZAGUIRRE to approve the final plat, phase 4, with Standard Subdivision Conditions of Approval. ALL AYE: MOTION CARRIED. ANDON PLASTICS LOT SPLIT APPLICATION: The presentation was given by Dave Williams, representative of Andon Plastics Co. The property would take the one time split for 1.7 acres and 3.9 acres. Moved by BASTIAN and seconded by BLAIR to accept the lot split as presented. ALL AYE: MOTION CARRIED. Although the lot split is acceptable, Mayor GUERBER was critical about the design review violations on the property. The City Clerk was asked to write a letter citing the violations regarding conditional use of readerboard signs, lack of landscaping and the Casper Electrical sign, which never had approval. FALL CREEK PRE ANNEXATION APPLICATION: The proposed plat was presented by Dennis Baker. The plat will include a subdivision, a school site of 7 acres and a park site. There will be an agreement between the City of Boise and Fall Creek for a land exchange. Kidds Creek will not be altered, will remain as is. CUSTOM DISPLAY BOARD: Presentation of the outline of a custom display board and bid amount was given by Ken Smith. The Idaho Department of Correction, Correctional Industries would build the display. Moved by BASTIAN and seconded by YZAGUIRRE to purchase the display board for $686.67. ALL AYE: MOTION CARRIED. AMENDMENT TO THE FEE SCHEDULE: Moved by BLAIR and seconded by BASTIAN to adopt the amended fee schedule for development applications in the City. ALL AYE: MOTION CARRIED. LEXINGTON-TRAIL CREEK WATER AGREEMENT: The City Attorney addressed the proposed agreement and advised the Council that in order for Lexington-Trail Creek to proceed with a water permit application on their own they need some water excised from the City application which would, in turn, be their own. In order to do this the City would loose some of the usage of water on the City permit,(a reduction from the City permit). How much water is needed is open- ended, they need an area of 5 acres for water. Mona recommended the City authorize her to proceed with the stipulation only if the amount of water needed is limited. Also enclosed in the package they are proposing, into perpetuity for delivering of water, and the City only charge half the rate. The charge is for running and pumping the water through the City owned pipelines. They would like to lock the charge in. Under the contract we have with Lexington-Trail Creek the cost of water, to them, is half the rate, however, there is no time-line there. The developers need to amend or secure their own permit to run and store water in the ponds. The "perpetuity" language is not satisfactory. The Mayor suggested a duration of no more than 7 years. Also included in the agreement, the City will not be liable to the developer if the Division of Environmental Quality wants the filling of the ponds stopped. The City should not get into the middle of a problem with DEQ and Lexington-Trail Creek. She will make the revisions and submit the changes back to the Council. Moved by BASTIAN and seconded by YZAGUIRRE to authorize the City Attorney to draw up the agreement and bring back to the Council for review. ALL AYE: MOTION CARRIED. PROCLAMATION-MUNICIPALCLERKS' WEEK: Moved by BASTIANand seconded by BLAIR to declare May 2-8 as Municipal Clerks' Week. ALL AYE: MOTION CARRIED. OLD BUSINESS: FINDINGS OF FACT AND CONCLUSIONS OF LAW/ First Service Group/Browning rezone. Moved by BASTIAN and seconded by YZAGUIRRE to approve the findings and conclusions as presented. ALL AYE: MOTION CARRIED. BUILDING INSPECTOR - REVIEW OF CONTRACT: Daunt Whitman, the Eagle Building Inspector was present for the discussion regarding the annual renewal of the building inspector contract. Moved by YZAGUIRRE and seconded by BASTIAN to drop the base salary of $500. for the current year, renew the contract at a rate of 30% of building permit fees, and the inspector will be expected to provide his own insurance and workers compensation naming the City of Eagle on all insurance. ALL AYE: MOTION CARRIED. ORDINANCE #218: The following Ordinance was read by title: An Ordinance changing the zoning classification of the real property described herein from the R-16 (Residential District) Classification to the R-21 (Residential District) Classification; amending the zoning map of the City of Eagle to reflect said change (First Service Group- Browning). Mayor GUERBER declared this was the first reading of the Ordinance. Mona Mack, City Attorney reported to the Council the requirements to implement a Development Impact Fee, ie, recreation, as she was asked to explore the possibility by Mayor GUERBER. Mona advised the Council that in order to implement such a fee there would be a need to form an advisory body comprising of at least 5 members, 2 of which are in a related field, planners, realtors or developers. Second a development capital improvement plan would need to be created. This plan is similar in nature to a comprehensive plan. Until those two things have been accomplished no impact fee can be imposed. There are considerable costs to such implementation in Engineering and planners fees. There is a special tax for such costs through a tax levy. Moved by BASTIAN and seconded by BLAIR to authorize the Mayor to appoint an advisory council to explore a capital improvement plan and implementation of impact fees. ALL AYE: MOTION CARRIED. Mona also reported Ada County Law Enforcement is auditing the past fines in the Eagle area from October, 1992 in order to reimburse Eagle. After they reach a determination they will take the necessary steps to allocate those funds to Eagle. Mona requested a special meeting in order to go into executive session in order to discuss the Mendiola Litigation and have Jim Davis, the appointed attorney present. After discussion a meeting date was set for April 20, 6:30 p.m. upon confirmation of Jim Davis being able to attend. The water bond issue was discussed. This issue needs to be brought back to Council as an agenda item. Mona spoke to Bob DeShazo regarding the appraisals. She reminded Council the appraisal is not necessary to go to the electors. The Council agreed that the election should be as soon as possible. She will speak to Don Reading and get a figure. Then she will get back to Council. There was a proposal from BASTIAN to review the water hook up fee set by the City of Eagle for the Municipal Water System. The hook up fee is now $320.00. BASTIAN believes it would be appropriate to adjust those fees to match the DeShazo hook up fee of $840.00. Mona will explore this and respond to this proposal in writing. A Sewer report was given by BASTIAN. YZAGUIRRE reported the Gem Community Group held their mock site visit in Eagle today. They were to locate an Immediate Medical Facility in Eagle. He reported that the City of Eagle should be an official Gem Community City within two weeks. There was further discussion about the inclusion of the Tree City USA award, the Gem Community award and the downtown development dedication at the flag plaza on Eagle Fun Days. There needs to be a set time for the dedications. YZAGUIRRE will coordinate this with the Eagle Fun Days Committee. The parks and senior report was given by BLAIR. CLAIMS AGAINST THE CITY: Moved by YZAGUIRRE and seconded by BLAIR to approve the claims on the ICDBG drawdown request #8 as presented. ALL AYE: MOTION CARRIED. Moved by BASTIAN and seconded by YZAGUIRRE to approve the City claims as presented. ALL AYE: MOTION CARRIED. There being no further business the meeting adjourned at 10:25 p.m. Respectfully submitted~ BARBARA MONTGOMERY EAGLE CITY CLERK APPROVED: