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Minutes - 1993 - City Council - 11/23/1993 - RegularEAGLE CITY COUNCIL MEETING NOVEMBER 23, 1993 Pre Councils Recreation reports Discussion of buying recreation equipment for the church in lieu of paying rent resulted in the request of the Council that the Recreation Director present the Council with a policy proposal to consider establishing the dollar amount of purchases by the Director without Council approval and an amount that would require Council approval prior to purchase. (the Director suggested $350 would be appropriate without Council approval, anything over that amount would need 3 bids and Council approval prior to purchase) The Director told the Council she would submit a weekly report to the City Clerk. The report would calculate the hours used by the Recreation Dept. and dollar amount of the equipment purchased in lieu of rent. The Council thought an inventory was a good idea. The City Clerk suggested the inventory should be done on a quarterly basis and should be signed off by the pastor of the church and the Director prior to submittal to the City. The contract will need to be amended to reflect the equipment purchases in lieu of rent. The cash flow was discussed also. The Director told the Council that some of the programs included "drop-in" registrations. It would be difficult not to receive payment at that time. The Council wants this issue to be included in the policy too. P&Z Report= Mary Berent reported to Council that the P&Z members want to submit a letter of protest to go to ITD on the roadway system and ITD future plans for Eagle. The Eagle City Council met in regular session on November 23, 1993. Mayor GUERBER presiding. The following members were present: RICK YZAGUIRRE, THOMAS EASON, STAN BASTIAN. Absent: KELLI BLAIR. Moved by YZAGUIRRE and seconded by EASON to approve the minutes of the November 3, 1993 meeting as presented. ALL AYE: MOTION CARRIED. Moved by BASTIAN and seconded by EASON to approve the minutes of the November 9, 1993 meeting as presented. ALL AYE: MOTION CARRIED. UNFINISHED BUSINESS: Findings of Facts and Conclusions of Law/Bosanka: Moved by BASTIAN and seconded by YZAGUIRRE to approve the findings as presented. ALL AYE: MOTION CARRIED. DEVELOPMENT MOP~ATORIUM: Discussion took place considering changes in ordinances and speaking to clarification of the comprehensive plan regarding subdivisions and, to consider a moratorium while those considerations are taking place. A Council workshop discussion resulted in the nucleus the changes to city code to allow compliance with the comprehensive plan, particularly in areas of subdivisions being in harmony of the area and the impact on the land with population. BASTIAN stated that providing the city can work toward a resolution of an agreement concerning those items within 60 days there is no need for a moratorium. Moved by BASTIAN and seconded by YZAGUIRRE to work toward developing specific means of implementing the comprehensive plan through changes in the city code within the 60 day period. The question of calling for a moratorium will be re-evaluated after the 60 day period. ALL AYE: MOTION CARRIED. PUBLIC HEARING/EAGLE WING DEVELOPMENT CONDOMINIUM SUBDIVISION: 5~ayor GUERBER announced that this was the time and place set for a public hearing on the Eagle Wing Development Subdivision. Applicant: Location: Proposal: Bill Korby W Highway 44-SE 1/4 of S8,T4N,R1E a preliminary and final plat for a 1 lot, 60 unit condominium complex consisting of 15 4 plex buildings. Each unit in the four-plex will be an individually owned condominium. The land will not be subdivided, but will be owned by the home owners association. 15 4 plexes on 4 acres, density 3.75 lots per acre (15 dwelling units per acre). 5~ulti-family units-4 Plex-60 units. Public Testimony: Bill Cohen-in favor Public hearing closed at 8:25 p.m. Moved by EASON and seconded by BASTIAN to continue the matter until the next scheduled Council meeting in order to get opinions of ACHD and ITD on the issue of curb, gutter, sidewalk and landscaping feasibility in this development. Meanwhile the Council will have the opportunity to investigate the site. ALL AYE: MOTION CARRIED. Ada County Transmittal: 93-73-CU/Meridian High School-construction and private road. Moved by BASTIAN and seconded by YZAGUIRRE to recommend to Ada County approval of the CUP and private Rd with the following conditions: 1. signalization traffic light be completed before or at the time of the high school is in use; 2. Park Rd. be widened to a 3 lane road with one lane a turn lane before or at the time of the school is in use; 3. no parking on Park Ln.; 4. the school be "closed campus"; 5. that the Ada County Commissioners join with Eagle City Council to require the State of Idaho Dept. of Transportation to widen Eagle Rd., and is placed on the ITD agenda in order to aid with traffic flow. ALL AYE: MOTION CARRIED. GREAT SKY ESTATES - final plat phase 1 Mike Miller presented the plat to the Council. The project contains 50 building lots and 8 cordon lots. Discussion regarding the ditch easement (35 ft. one time and 65 ft. on the other) and pressurized irrigation took place. Moved by BASTIAN and seconded by EASON to continue this discussion until after item 7E, Dry Creek Use of Easements. ALL AYE: MOTION CARRIED. TROUTMJkN MAINTENANCE OF PARK AND CITY PROPERTIES: Moved by YZAGUIRRE and seconded by BASTIAN to continue this agenda item in order to go out for bids on park and city property maintenance. ALL AYE: MOTION CARRIED. ATTORNEY CONTRACT: Moved by BASTIAN and seconded by YZAGUIRRE to continue the agenda item until the next regularly scheduled Council meeting. ALL AYE: MOTION CARRIED. DRY CREEK DISCUSSION - USE OF EASEMENTS A presentation to Council was made by Lynn Sedlecek, New Dry Creek representative. Ms. Sedlecek pointed out some of the problems of the district with easements and pathways. Moved by EASON and seconded by BASTIAN to recommend a committee be formed representing greenbelt and pathways, and canals. The Committee, represented by both factions, will meet with members of Council to discuss pathways on canal bank easements and if they should exist. Both sides of the question should respond with reasons for their opinions. ALL AYE: MOTION CARRIED. GREAT SKY (final plat-phase 1 - continued) Moved by EASON and seconded by BASTIAN to approve phase 1 of Great Sky with the standard conditions, a requirement of an acceptable system for delivery of water, the Council will not enforce the requirement of a pathway until the issue is resolved. ALL AYE: MOTION CARRIED. ANIMAL CONTROL: The City Attorney discussed the contract and ordinance with the Council. The changes to the Ordinance have not been made. The ordinance will be shortened and the licensing should remain with the City of Eagle. The terms implementing the contract will remain in the ordinance. The contract has been reviewed and with the following recommendations of the legal council for changes, can be executed. 1. The charge "per call" vs "flat fee" basis was reviewed and the flat basis appears to be best, however the Idaho Humane Society needs to provide accountability for that flat fee so that the City of Eagle can have a basis of comparison for next year, 2. The City must be "held harmless" in the contract and 3. The indemnification of Idaho Humane Society must be stricken from the contract. Moved by BASTIAN and seconded by EASON to execute the Animal Control Agreement subject to the changes made by legal council. ALL AYE: MOTION CARRIED. Moved by BASTIAN and seconded by YZAGUIRRE to instruct the City Attorney to draft ordinance #223 with the changes recommended by legal council.. ALL AYE: MOTION CARRIED. RESOLUTION 8-93: A resolution Approving a Service Agreement by and between the City of Eagle and the Idaho Humane Society, Inc. to provide for animal services in the City of Eagle. ALL AYE: MOTION CARRIED. RESOLUTION 10-93: LID - Moved by EASON and seconded by BASTIAN to continue until after the public hearing. ALL AYE: MOTION CARRIED. Moved by EASON and seconded by YZAGUIRRE to adopt the Ada County Highway District/City of Eagle Impact Fee Agreement as presented. The City of Eagle will issue the permits and collect the fees, report to ACHD for a charge to ACHD of $20.00 per permit. ALL AYE: MOTION CARRIED. Moved by BASTIAN and seconded by EASON to authorize the City staff to purchase the software necessary to carry out the impact fee agreement effectively. ALL AYE: MOTION CARRIED. COMMITTEE REPORTS: The City Engineer was asked to check on the outlets for the downtown street lights immediately in order to decorate for Christmas. CLAIMS AGAINST THE CITY: Moved by BASTIAN and seconded by EASON to approve the claims including a new monitor to replace an antiquated model now being used in the amount of up to $500.00. ALL AYE: MOTION CARRIED. There being no further business the meeting adjourned at 10:20 p.m. ~pectfully s ub[~ EAGLE CITY CLE~ APP D: