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~~