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Minutes - 1994 - City Council - 07/19/1994 - RegularEAGLE CITY COUNCIL July 19, 1994 Budget Workshop= The Council reviewed the proposed budget for FY 94-95. The workshop was continued at 7=30 p.m. and will be discussed at the conclusion of the regular Council session. The Eagle City Council met in regular session on July 19, 1994. Mayor GUERBER presiding. The following members were present: RICK YZAGUIRRE, THOMAS EASON, STAN BASTIAN, MORGAN MASNER. Moved by YZAGUIRRE and seconded by MASNER to approve the minutes of the June 28, 1994 meeting as presented. ALL AYE: MOTION CARRIED. ORDINANCE #247 Prohibiting Refuse in the City of Eagle - third reading: Discussion regarding the hours of abandonment resulted in an amendment to the ordinance to establish a 72 hour provision rather than 24. Moved by YZAGUIRRE and seconded by MASNER to dispense with the three day ruling and to consider Ordinance #247, as amended, at this time. ALL AYE: MOTION CARRIED. Moved by YZAGUIRRE and seconded by MASNER to adopt Ordinance #247, Prohibiting Refuse in the City of Eagle. ALL AYE: MOTION CARRIED. CHURCH RECREATION CONTRACT: Chuck Ferguson appeared before Council to discuss an amendment to the Church/City Recreation contract. The amendment includes a rent provision that would encompass use of the gym, fields, and all cleaning costs, abandoning the "in lieu of rent" and cleaning provisions identified in the present contract. The church submitted two proposals. The first proposal, a flat fee of $1,650 per month for 100 hours of use, and the second was use of the gym and field on an hourly basis. After discussion a motion was made by BASTIAN and seconded by YZAGUIRRE to continue the matter until the July 26 meeting. ALL AYE: MOTION CARRIED. The subject of recreation will be discussed as personnel in executive session. MEMORANDUM OF AGREEMENT - Fall Creek Subdivision: Moved by MASNER and seconded by EASON to approve the Memorandum of Agreement with the following conditions that the City of Boise agree that Eagle has no part in development of the park and outline the obligation of the City of Eagle in terms of the Operations and Maintenance (O&M) and Eagle's portion of the share, based on population, the figure not to exceed $10,000, with the eventuality such proportionate basis is in excess of $10,000 the parties negotiate the sum to be paid by the City of Eagle, and that Boise agree to a development agreement that states they will not use the land presently owned by the Carrico family as an expansion to the sewer facility, unless it is agreed upon by the land owner. AMENDMENT: The City of Eagle share in the capital development born by the developer by way of a credit as a participant based on Mr. Baker's contributions to development of the park, conditioned on a time limitation for development of not more than 3 years. Mona will make the revisions and it will be executed by Mayor Guerber. It will then be presented to Boise, and returned to Council. ALL AYE: MOTION CARRIED. APPOINT~4ENTS: Mayor GUERBER presented the appointment of Urban Stages Task Force: The Mayor requested a continuation of this matter until the first meeting in August. GREAT SKY ESTATES SUBDIVISION: continued until July 26. WATER SYSTEM REPORT: The report was given by Mona Mack, City Attorney. Kathy Shiflet, representative from General Waterworks Corp was in attendance. Mona explained the Memorandum of Understand which is a pre-curser to an operating agreement in which the provisions would be more developed. The M.O.U. will allow General Waterworks Corp. to go to the PUC to instigate the process to secure the necessary permits for expansion of the system into this area and to operate the City of Eagle's water system for us. The memorandum, as rewritten, indicates that the City of Eagle will have full ownership of the water system for Lexington Hills and Treasure Valley Village developments that were entered into in 1992. This indicates that the City has the ownership and the developers will execute all necessary documents to confirm the same. This is an operating agreement, that General Waterworks, or a subsidiary of it, will operate the water system, as described, consistent with the agreement (transfer agreement) the City presently has and in consideration for such operation, the revenue generated by the operation will be retained by General Waterworks Corp. with the exception of the connection fees to be paid to the developers for the construction of, installation of, or acquisition of property and improvements hereto. That amount is not specified at this time, numbers talked about have been approximately $350.000. It will be a figure the City of Eagle agrees upon. The sum will be received for existing improvements, a portion of connection fees being remitted to developers. Eagle will continue to set the connection fees and rate charges applicable to use of the system subject to the original document and looking to the PUC for guidelines for those rates. The agreement will indicate a "one time" payment of a franchise fee in the amount of $150,000 to convey just that property to run water (Lexington/Treasure Valley property). If they provide water to other properties within the City of Eagle there may be other franchise fees imposed. There will be an ordinance speaking to illegal cross connections on pressurized irrigation systems. The ordinance would authorize General Waterworks to inspect such systems and the enforcement would be through General Waterworks. Removing any cross connections would be at the homeowners expense. The inspections should be built into the fee schedule as part of the O&M. The connection will have a separate fee, but additional inspections would be O&-M expenses. It would be necessary for Lexington and Treasure Valley Village developments to sign off on this. Moved by BASTIAN and seconded by YZAGUIRRE to approve the Memorandum of Understanding with the changes. ALL AYE: MOTION CARRIED. Moved by MASNER and seconded by EASON to authorize the Mayor to execute the memorandum with the changes. ALL AYE: MOTION CARRIED. Moved by BASTIAN and seconded by MASNER to issue no objections to General Waterworks extending its service area to include Island Woods. MOTION WITHDRAWN. Mona pointed out there is a caveat to this, this does not mean that this is a "done deal". Other considerations must be satisfied. The City must decide if it wants to take the Island Woods Water system, as well as others. The Eagle Sewer District has asked for a joint meeting between the District Board and City Council on August 16 to discuss water in the City. This meeting will be noticed by the sewer district. The Council asked that the water issue with General Waterworks should be placed on the last agenda in August as a presentation from them and an ordinance on the Island Woods Water system, as well as others. This will provide time to attend the Sewer District meeting and have a clear picture on all water issues. MAYOR'S REPORT: The Mayor reported to Council on 40 acres known as the Tertling property located NE of SH55. The proposal is to develop this into a park for recreation activities. This property would be owned by Ada County, developed by the City of Eagle and recreation programs initiated by Boise for Boise and Eagle activities and programs. An environmental and planning assessment would be necessary, initiated by Eagle, prior to asking for public input. Moved by EASON and seconded by MASNER to do a site and environmental study to see if it is viable project. ALL AYE: MOTION CARRIED. Mayor GUERBER is seeking interest in creating an Eagle Community Fund, to support nonprofit needs in Eagle. This is an endowment fund for the Eagle community. The decisions would be under the guidance of a committee which should include either the Mayor or president of Council, a member of Eagle Quest, a member of clergy and general citizenry. The Mayor will put together a proposal but needs Council sanction. The Council had no objections to this proposal. The Mayor has been approached by Cantlin properties regarding the Albertsons proposal. Albertson representatives would like to meet with 2 Eagle Planning and Zoning Commissioners and 2 Eagle Council members regarding the proposal. MASNER and BASTIAN will meet with them. The Mayor will contact Ken Smith and Don Brinton to represent P&Z. They will meet on August 8. The TIP (Dept of Transportation) was addressed by Mayor GUERBER. Council members were given a copy of the projects. The Council discussed the Attorney Contract with Mona. The Council would like to have attorney representation at all P&Z meetings. Mona based the fees on a flat fee of $350. a month for the service. Moved by MASNER and seconded by EASON to retain an attorney for P&Z for $350. ALL AYE: MOTION CARRIED. The Council asked for figures on a 10% increase in fees proposal to be included in the August 9 agenda for consideration. BASS PROPERTY: The City Clerk asked for Council consideration to declare the Bass property a hazard, as the building has been condemned by the building inspector. Mona asked for authorization to proceed with a "order to show cause" hearing to show why this property should not be declared a nuisance and dangerous building and the City should not take steps to abate the same. Moved by BASTIAN and seconded by MASNER to so move. ALL AYE: MOTION CARRIED. ENGINEER REPORT: The street lights requested by the Mayor on State St. would amount to approximately $235. a month for lease of street lights. This would include 17 lights. KESTP~AL COVE irrigation system was discussed. Mona suggested that the Kestral Cove final plat not be recorded and the Engineer's signature on the plat be revoked. The City Clerk will call Ada County and determine if the plat is recorded. Stan McHutchinson will provide the City Clerk with the names and addresses of the ditch users, both up stream and down. The City Clerk will contact those users and invite them to a meeting regarding the conflict for the next Council agenda. Meanwhile the City Engineer must identify the inadequacies in the system. The developer should be required to bond for this system. Mona will explore code for irrigation disclosure and omission of plans for irrigation systems. Moved by EASON and seconded by MASNER to attempt stopping the recording of the Kestral final plat until we meet with them at the next Council meeting to resolve the disputes. Moved by BASTIAN seconded by YZAGUIRRE to adjourn into executive session to discuss litigation and personnel. ALL AYE: MOTION CARRIED. The Council reconvened at 11:25 p.m. Moved by EASON and seconded by BASTIAN to notify the Recreation Director of a re-evaluation of the recreation program. Mary Ann is to be notified, in writing, no later than July 25 that her last day of employment will be August 30th or the last day of the recreation program. YZAGUIRRE will contact the Recreation Director, along with the City Attorney. ALL AYE: MOTION CARRIED. Mona will write the letter and contact YZAGUIRRE. BRIGHTON: Moved by EASON and seconded by BASTIAN to proceed as discussed with presenting the option and continue with litigation through August 2. ALL AYE: MOTION CARRIED. Moved by EASON and seconded by BASTIAN to waive any conflict of interest on the two individuals in the Brighton matter, Ms. Castaneta and Mr. Masher AYE: YZAGUIRRE, BASTIAN, EASON. ABSTAIN: MASNER. MOTION CARRIED. CLAIMS AGAINST THE CITY: Moved by EASON and seconded by YZAGUIRRE to approve the claims as presented. ALL AYE: MOTION CARRIED. EASON will explore the Tot Lot park equipment for Friendship Park. There being no further business the regular meeting adjourned at 11:15 p.m. The Council reconvened for the budget workshop and after discussion concluding the preliminary budget adjourned at 11:30 p.m. ! !A~.E~C I T~ ~ERKb ~gOR STgVE GUER~~