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Minutes - 1994 - City Council - 03/08/1994 - RegularEAGLE CITY COUNCIL MEETING March 8, 1994 Pre Council: The Sheriff report was given by Lt. Lt. Woodcook introduced Officer Ron Love to the designated officer for the Eagle area. Dale Woodcook. Council as the The Pathway/Greenbelt report was given by Don Stockton and Larry Cadwell. The discussion turned to ditch company and canal company concerns and declarations of easements. There needs to be a title search in order to establish the validity to claims of "exclusive" easements. The investigation should start with Great Sky Subdivision. The City Attorney needs to review the deed after the title search and proceed from that point. This will be discussed further in regular session. Mary Berent reported on P&Z activities. Gary Madenford approached the Council for consideration of a foundation permit for a pre-start in Redwood Creek Subdivision. This home will be a parade of homes entry. The City Attorney informed the Council that the agencies such as sewer and water (Central District Health) have jurisdiction over approval of a permit, rather than the City of Eagle, pursuant to ECC 7-1A-2.A. The Eagle City Council met in regular session on March 8, 1994. Mayor GUERBER presiding. The following members were presents STAN BASTIAN, MORGAN MASNER. RICK YZAGUIRRE, THOMAS EASON, Moved by BASTIAN and seconded by YZAGUIRRE to approve the minutes of the February 22, 1994 meeting subject to a correction on page 2, paragraph 2. the name should be "Tom" not "John". ALL AYE: MOTION CARRIED. LONGSON SUBDIVISION-Extension of Times LeAnn Longson asked for consideration for an extension of time due to the delay in sewer reaching the development area. Moved by BASTIAN and seconded by YZAGUIRRE to grant a one year extension of time. ALL AYE: MOTION CARRIED. HIGH COUNTRY ESTATES-ADA COUNTY TRANSMITTAL 94-10-PDR/94-09-94-ZCs Dave Roylance presented the project to the Council. This project includes 33 building lots, 5 common areas on 72 acres. Moved by YZAGUIRRE and seconded by EASON to recommend approval of this project subject to the conditions recommended by staff. BASTIAN asked for an amendment to exclude #1 and #5 conditions. The amendment received no second. A vote on the motion was unanimous. BUDGET REVIEWs Barbara Montgomery, City Clerk/Treasurer reviewed the budget with Council and advised them that the budget must be re-opened for public hearing due to the LID funds and expenditures omitted earlier. There are also other revenues and expenses that should be included in the amended budget. Those items are the ACHD impact fees, utility franchise fees, a possibility of an Eagle Quest Community Grant and a SBA Grant. The fee schedule may need to be amended in order to provide the additional expenditures, specifically the City Planner and legal expenses. Additional expenditures may be incurred by the contracting of a City Planner, additional computer equipment for the planner, insurance deductibles and additional legal expenses in order to attend P&Z meetings. The City Clerk suggested part of the expenses can be accomplished by reducing the line item for park acquisition. Moved by MASNER and seconded by EASON to continue the budget amendment by publishing a hearing date. ALL AYE: MOTION CARRIED. MINIMUM LOT SIZE REQUIREMENTS: A proposal for an amendment to Title $ for minimum lot sizes was presented by BASTIAN to the Council. After discussion a motion was made by MASNER and seconded by BASTIAN to authorize review of the proposal by the City Attorney and City Engineer, and return a proposal to Council for the next meeting. The proposal will include amendments to Title 8 and 9, and if need be, the Comprehensive Plan, including a "date certain". ALL AYE: MOTION CARRIED. Moved by EASON and seconded by I~ASNER to move item #1, under Unfinished Business to the final item under #7. ALL AYE: MOTION CARRIED. MORATORIUM - RE-EVALUATION: After discussion a motion was made by BASTIAN and seconded by MASNER to declare a moratorium until the next regularly scheduled meeting, at which time legal counsel will have prepared a proposed emergency ordinance with the aid of the City Engineer and staff. ALL AYE: MOTION CARRIED. Mona Mack, City Attorney, recommended a newspaper order to inform the public. Mona will submit the newspaper. publication in notice to the BUSINESS LICENSES: The City Clerk proposed that Business Licenses and Home Occupation Licenses become a requirement. After discussion it was determined that Home Occupation Licenses should be implemented, but the requirement for Business Licenses should not. GREAT SKY ESTATES: The pathway and irrigation system was addressed. Mona Mack, City Attorney reviewed the conditions of approval. Those conditions do not mandate a pressurized irrigation system, but advocate an acceptable water delivery system. Moved by EASON and seconded by YZAGUIRRE to accept the proposal that Great Sky submitted for a water delivery system. ALL AYE: MOTION CARRIED. REPORTS: The City Clerk asked for direction from Council on the utility Franchise Ordinance. She informed the Council that areas outside the certified area for Eagle Water Co. are being or are about to serve without the benefit of an agreement between the City and Bob DeShazo, owner of the water company. Moved by EASON and seconded by MASNER to authorize the City Attorney to begin whatever efforts needed to enforce the franchise ordinance for fees. ALL AYE: MOTION CARRIED. ENGINEER REPORT-PRESSURIZED IRRIGATION SYSTEM: The City Engineer, Stan McHutchinson, reported that the Ad hoc Committee on pressurized irrigation systems has completed a draft report, but there is no final draft to give the Council. He will submit a report before the end of April. The Park report included the playground equipment is now being installed. The plan is to remove the rail road ties and replace them. Mayor GUERBER will write a letter to the Eagle Scouts commending them on the work they initiated in the park. EASON was asked to check on the lighting in Friendship Park, perhaps on a timer for lights through a coin box. Eason suggested Tot equipment be incorporated in Friendship Park. A Transit System was discussed. Mayor GUERBER will contact APA regarding grant funds. The City Clerk presented a proposal on the description and criteria for a City Planner. The Council directed that under Job Duties #1 should read "Assist Planning and Zoning, Council and City Clerk in development and review of amendments to the Comprehensive Plan and ordinances". #2 should omit the words "rather than the developer presenting the plan". Moved by EASON and seconded by MASNER to adjourn to go into executive session to discuss personnel matters, and possible litigation. ALL AYE: MOTION CARRIED. The regular session resumed at 12:15 p.m. CLAIMS AGAINST THE CITY: The City Clerk advised the Council that due to illness in the office the claims are not available at this time. Since some of the Claims must be paid prior to the next Council meeting she asked for approval of the Claims to be presented to a Council member at a later date. Moved by EASON and seconded by MASNER to approve the claims as presented. ALL AYE~ MOTION CARRIED. Moved by EASON and seconded by YZAGUIRRE to correct the Recreation Contract with the Seventh Day Adventist Church to omit the "in lieu of rent'* and include rent payments to be made to the church directly. The City Attorney will correct the Recreation Director Contract so that it can be executed. ALL AYE: MOTION CARRIED. Moved by MASNER and seconded by YZAGUIRRE to instruct the City Attorney to proceed with litigation. ALL AYE: MOTION CARRIED. There being no further business the meeting adjourned at 12.25 p.m. Respect fu~ ly submitted: EAGLE C1TI~¥. CLERK ,~ :~ APP ED. :,. ~. .. MAYOR STEVE GUERBER