Minutes - 1994 - City Council - 08/09/1994 - RegularEAGLE CITY COUNCIL MEETING
August 9, 1994
Pre Council: Mayor Coles - Report on youth: Mayor Coles, Traci
Emerson and Sheriff Vaughn Killeen reviewed recommendations of the
Youth Task Force Committee. They ask for Eagle support and
development of a policy.
Clair Bowman, Executive Director, APA - County wide drainage
district/coordination of drainage district: There are over 50
drainage companies in the county, only 6 of which are districts.
There is a number of nutrients that filter to the river, including,
drainage from auto's, lawn pesticides, etc. NPDES, a federal act,
mandates an agency to meet the EPA requirements. The proposal is
a county wide drainage district to be introduced as legislation.
They would like support from Eagle. Funding is based on benefit,
there is a limited property tax, and user fees, with ACHD control.
The P&Z report was given by Nancy Merrill.
The Eagle City Council met in regular session on August 9, 1994.
Mayor GUERBER presiding.
The following members were present: RICK YZAGUIRRE, THOMAS EASON,
STAN BASTIAN, MORGAN MASNER.
Moved by YZAGUIRRE and seconded by BASTIAN to move item 8 - E to
executive session. ALL AYE: MOTION CARRIED.
Moved by BASTIAN and seconded by MASNER to approve the minutes of
the July 26, 1994 meeting as presented. ALL AYE: MOTION CARRIED.
PUBLIC HEARING/Esplin - Variance
Mayor GUERBER announced that this was the time and place set for a
public hearing on a variance request from 15 ft. rear to 13 ft.
rear setbacks.
Applicant: Gregory Esplin
Address: 845 N. Nicklaus, Eagle
Type of application: Variance - setback requirements to enclose
a covered patio from 15 ft. rear setback requirement to 13 ft.
Location: 845 N. Nicklaus, Eagle Hills East Subdivision
Proposed land use and zoning: R5 (Residential)
Public Testimony: no testimony given
Public hearing closed at 7:50 p.m.
Moved by MASNER and seconded by YZAGUIRRE to approve the variance
as proposed. ALL: YZAGUIRRE, EASON, MASNER, opposed: BASTIAN.
MOTION CARRIED.
PUBLIC HEARING/Knickrehm - CUP
Mayor GUERBER announced that this was the time and place set for a
public hearing on an application for a CUP for a mobile home for
temporary occupancy.
Applicant: Donald E. Knickrehm
Address: 1403 Mace Rd., Eagle, ID 83616
Type of application: Conditional Use Permit & Floodplain Permit
LOCATION: Mace Road West of Eagle Road
PROPOSED LAND USE AND ZONING: add temporary mobile home as
residence for parents, zoning A
No public testimony given.
Mr. Knickrehm protested the first 2 conditions of approval
recommended by P&Z. He asked for consideration that those
conditions be removed and add that the CUP is conditioned on the
use only by the parents of the applicants and upon cessation of the
use the house and all improvements be removed.
Public hearing closed at 7:50 p.m.
Moved by BASTIAN and seconded by MASNER to approve the application
with the conditions of approval as follows:
Remove condition #1 and #2 and substitute the following
as condition #1 and #2: The CUP is granted for use only by the
parents of the applicants; and, upon cessation of the use the
house and all improvements be removed.
All provisions speaking to floodplain as indicated by Title
10 are required.
3. Use of the mobile home will be monitored from year to year
4. Will never be used for rental purposes
ALL AYE: MOTION CARRIED.
JOHN ALDEN INSURANCE: Presentation by Traci Tilby, Eagle staff
member. Traci outlined the proposed medical insurance changes
proposed for the upcoming year. Moved by YZAGUIRRE and seconded by
EASON to approve option 3 presented tonight for health insurance
for the F¥94-95.
PERSONNEL MANUAL: The amendments to the manual were presented to
Council by Traci Tilby. The amendments contain a new chapter to
comply with the ADA/504 standards as well as modifications to the
chapter on health insurance and the probation period of time. Moved
by BASTIAN and seconded by MASNER to approve the changes but to
retain the 6 month probation period but, to provide insurance at 30
day employment period. ALL AYE: MOTION CARRIED.
Moved by MASNER and seconded by YZAGUIRRE to approve the inclusions
of CHAPTER 12, the ADA standards into the Policy Manual. ALL AYE~
MOTION CARRIED.
Moved by YZAGUIRRE and seconded by EASON to approve the amended
Eagle Policy Manual as presented. ALL AYE: MOTION CARRIED.
Ada County Transmittal 94-43-CU/94-30-V: Lawton: Accessory
building over 900 ft. and variance. Moved by MASNER/EASON to
approve the CUP but deny the variance. ALL AYE: MOTION CARRIED.
KINGS COMPLEX - Complaint: The City Clerk has been contacted by
the petitioners asking for continuance. They have been contacted
by Kings representatives and hope to resolve the problems. Moved by
YZAGUIRRE and seconded by EASON to continue the item for one month.
ALL AYE: MOTION CARRIED.
Development Fee Schedule -Amendments: A proposal was introduced to
Council to raise the fee schedule 10%. The fee schedule consists
of fees for annexation, subdivision, rezone, design review, etc.
Moved by BASTIAN and seconded by EASON to adopt the proposed fee
schedule as submitted. ALL AYE: MOTION CARRIED.
Street light petition (Sandra Place and Harvey Dr.) Ron Stewart
spoke for the petitioners. He told Council there had been several
law enforcement issues and attempted robberies in the vicinity of
their neighborhood. They want lights to defray problems of that
kind. They have formed a neighborhood watch association. Moved by
EASON and second by MASNER to authorize the City Engineer to set
positions for 5 lights in Evans Subdivision. ALL AYE: MOTION
CARRIED.
Mr. Stewart will supply the ID on the poles for the Engineer.
DESIGN REVIEW APPLICATION - SUBWAY SANDWICH RESTAURANT: Billy Ray
Strite, Architect, outlined the project to the Council.
Moved by BASTIAN and seconded by YZAGUIRRE to continue this item
for 2 weeks in order to give the staff an opportunity to review the
application. ALL AYE: MOTION CARRIED.
URBAN STAGES TASK FORCE COMMITTEE: Moved by EASON and seconded by
BASTIAN to continue the item for 2 weeks. ALL AYE: MOTION
CARRIED.
ORDER TO SHOW CAUSE/BASS PROPERTY: Mike Marx appeared before
Council representing the property owners. Mr. Marx told the
Council that he was aware the main building is a fire hazard. He
indicated that he has been cleaning the property up and wants to
use the barn as a storage area. Mr. Marx will contact the Building
Inspector, Daunt Whitman and make arrangements for immediate clean
up. WILL BE REVIEWED IN 2 WEEKS BY COUNCIL. Naomi Bass, one of the
property owners also spoke about the problem. She is responsible
for the easterly half. She told the Council that Mr. Marx only
owned the western half of the property. She is the owner of the
eastern half. The barn Mr. Marx spoke about is on her half of the
property. She has plans for the use of the barn, which do not
include storing Mr. Marx's property. She will be responsible for
the easterly half cleanup. Moved by BASTIAN and seconded by
YZAGUIRRE to continue the show cause for 2 weeks. ALL AYE: MOTION
CARRIED.
ARBORETUM: YZAGUIRRE told the Council that the City has received
a grant for construction of the irrigation system, etc. on the
arboretum. There is some confusion whether or not the City must go
out to bid to comply with the grant requirements of $500 limit. The
Eagle Quest is going to write the Dept. of Commerce for
clarification on this issue and ask for consideration to waive the
$500 requirement. Moved by YZAGUIRRE and seconded by EASON to
continue for 2 weeks. ALL AYE: MOTION CARRIED.
EAGLE COMMUNITY FUND PROPOSAL: Moved by EASON and seconded by
MASNER to create the fund and authorize the president of the
Council to execute the agreement. ALL AYE: MOTION CARRIED.
Attorney report: Memorandum of Agreement - Fall Creek: the
proposal is ready for the Mayor to review and execute. The
Council agreed that the MOA does not need to return to Council as
it was previously approved approved by them.
Great Sky Pathway System: continued to Monday, August 15, at 2:00
p.m.
Lexington Hills/Treasure Valley Water System: The attorneys need
to review Lexington Hills and Treasure Valley Village legal
descriptions, also need signature lines for Lexington and Treasure
Valley, we have received a draft copy of the Memorandum of
Understanding.
Litigation with Boise City: Oral arguments were in Boise today.
will approach Boise and Brighton to meet to form a compromise.
Mayor's report: Edgewood Rd: ACHD is doing revisions on the plans
for widening the road. They will take about 4 1/2 ft. less and
adjust the turning lane. ACHD will hold another public hearing on
the revisions.
Council reports: The library report, landscape report and Senior
Citizen grant (proposal for paving back parking lot, street lights
in the back and a vestibule) were given.
City Clerk's report: The City Clerk asked for Council direction
regarding 2 businesses out of compliance with the landscaping
requirements approved by the Eagle Landscaping Committee. Notice
of noncompliance will be sent by the city attorney, a 30 day
notice, concerning Golf Magic and Treasure Valley Feed and Seed.
Moved by BASTIAN and seconded by YZAGUIRRE to authorize the
to send noncompliance letters to both Golf Magic and
and to have a show cause hearing. Motion
attorney
Treasure Valley
withdrawn.
Moved by MASNER and seconded by BASTIAN to schedule a show cause
hearing on both businesses for noncompliance with the landscaping
approval. ALL AYE: MOTION CARRIED.
The City Clerk reported negotiations between cities and Idaho Power
has resulted in a draft franchise ordinance. The ordinance is
being reviewed at this time.
Eleanor Chase - Complaint: The City Clerk outlined the complaint
to the Council. The Council agreed that Ms. Chase has had a dairy
business in this area for years. The fact that residential
developments moved around her does not alter the fact that a dairy
farm will have a certain amount of undesirable aspects is one that
is to be expected. Also the Chase property is in the county. The
complainant may want to direct the complaints to the County.
Accident report: The City Clerk submitted an accident report and
the subdivision report to Council. The Council would like
additional accident reports in 3 months.
Idaho Power - landscaping and maintenance. The City Clerk
reviewed the landscaping proposal with the Council. Idaho Power is
willing to landscape the substation property but are unwilling to
be responsible for maintenance. The landscaping committee proposed
serving the property with water and maintenance through the City
and billing Idaho Power. Idaho Power is willing to accept these
terms providing we can draw up a contract between the City and
Idaho Power. The City Clerk asked for authorization to have the
City Attorney draft the document for Council review. Moved by
BASTIAN and seconded by EASON to authorize the City Attorney to
draft an agreement as requested.
The City Clerk reported to the Council the status of the
environmental cleanup at the NW corner of Second St. and State St.
There is now fencing around the perimeter.
A water transfer for Ricks River Ridge was discussed. The New Dry
Creek Ditch Co. has turned down the request for transfer. The
Engineer reported there would be no problem with compliance with
the plat conditions of approval. They want to transfer the right
so that they could have more water for irrigation on Van Engelen
Estates (north side of State St.). The City Attorney asked that
the conditions of the plat be reviewed to see how Dry Creek's
position on this transfer impacts their ability to satisfy those
conditions. If it does not effect the plat it is between New Dry
Creek, Ricks River Ridge and Van Engelen Estates.
ENGINEER REPORT: Kestral Cove - irrigation: Some of the water
users met and reviewed improvements thought to be needed. MASNER
suggested that the City Engineer should put the improvements, on
the east, in writing with a time-table so that the Council would
know when to lift the sanctions. The west has already developed
an agreement.
Moved by BASTIAN and seconded by MASNER to adjourn into executive
session. ALL AYE: MOTION CARRIED.
The Council adjourned into executive session to discuss possible
litigation at 9:45 p.m.
The Council reconvened the regular session at 10:00 p.m.
CLAIMS AGAINST THE CITY: Moved by YZAGUIRRE and seconded by BASTAIN
to approve the claims as presented. ALL AYE: MOTION CARRIED.
There being no further business the meeting adjourned at 10:10 p.m.
~Pec~lY