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Minutes - 1994 - City Council - 08/23/1994 - RegularEAGLE CITY COUNCIL MEETING August 23, 1994 Pre Council: Mary Berent gave the P&Z report. MASNER asked that there be a liaison with the school and sheriff rather than a liaison to P&Z. Mary attends both P&Z and Council meetings. She can report activities between both. The Council agreed that it might be a benefit to have a liaison to the school district and sheriff. It was suggested that since Stan Bastian is familiar with the school system that he attend the school board meetings as liaison for the City of Eagle. Library: The librarian's medical leave was addressed. discussion will take place in the regular meeting. Further Recreation: EASON reported that he talked to Jim Dum~ont, recreation direction in Boise. He will have more information on a recreation proposal after September 6. Sheriff report: Lt. Dale Woodcook, Ada County Sheriff Dept. attended the Council meeting. Mayor GUERBER asked him about a statement that the Statesman Newspaper made indicating that a crime wave of 300% increase in first 6 months of the year took place in Eagle. Lt. Woodcook said that anytime you have an officer in the area infiltrating the area, as Ron Love has done, more arrests are made making the statistics look greater, but in actuality is better law enforcement. The new contract initiating 2 officers in the Eagle area and hours they will be in the area was discussed. The Eagle City Council met in regular session on August 23, 1994. Mayor GUERBER presiding. The following members were present: THOMAS EAS0N, STAN BASTIAN, MORGAN MASNER. Absent: RICK YZAGUIRRE. Moved by EASON and seconded by MASNER to approve the minutes of the August 9, 1994 meeting as presented. ALL AYE: MOTION CARRIED. PUBLIC HEARING/RAY DOWDING - CUP Mayor GUERBER announced that this was the time and place set for a public hearing on a Conditional Use Permit. Applicant: Ray Dowding, Jr. (Idaho Sand & Gravel) TYPE OF APPLICATION: Conditional Use Permit - to change gravel pit perimeter buffer from 30 ft. to 10 ft. LOCATION: Highway 55 & Hill Road PROPOSED LAND USE AND ZONING: M2 (Heavy Manufacturing District) The application was presented to the Council by Mary Berent, City Planner. Public Testimony: written testimony: Daryl Tea~ue - in favor in favor: Ray Dowding Daryl Teague No opposing testimony Public hearing closed at 7:50 p.m. Moved by BASTIAN to allow a change from 30 ft. to 10 ft. so long as Idaho Sand and Gravel complies with the reclamation plan, as set forth in the August 5, 1994 letter outlining the guidelines. The motion failed for lack of a second. Moved by MASNER and seconded by EASON to keep agreement with 30 ft. and deny the application. AYE: NAY: BASTIAN. MOTION CARRIED. the original EASON, MASNER PUBLIC HEARING/CUSTOMMASONRY- REZONE Mayor GUERBER announced that this was the time and place set for a public hearing on a rezone request from Steve Hiatt - Custom Masonry. The applicant requested, through his attorney, Stanley Crow, a continuation of the issue for a month in order to allow time for him to explore a resolution in the matter. Moved by BASTID~N and seconded by EASON to grant a 30 day extension, September 27, 1994, as requested by the applicant's attorney. ALL AYE: MOTION CARRIED. Findings of Fact and Conclusions of Law/Esplin. Moved by BASTID~N and seconded by M3%SNER to approve the findings and conclusions as presented. ALL AYE: MOTION CARRIED. Findings of Fact and Conclusions of Law/Knickrehm. Moved by EASON and seconded by MASNER to approve the findings as presented. ALL AYE: MOTION CARRIED. DESIGN REVIEW: Subway Sandwich Restaurant (continued): Moved by BASTIAN and seconded by MASNER to approve the design review and landscaping application subject to the conditions recommended by staff. ALL AYE: MOTION CARRIED. Seven Mile Lounge: The applicant was unable to attend the meeting. The application was addressed by BASTIAN. Moved by MASNER and seconded by BASTIAN to continue until the next regularly scheduled meeting. ALL AYE: MOTION CARRIED. APPOINTMENTS - Urban Stages Task Force Committee: Mayor GUERBER asked for a continuance of the matter. Moved by EASON and seconded by MASNER that the appointments be continued to the next regularly scheduled meeting. ALL AYE: MOTION CARRIED. SHOW CAUSE - BASS PROPERTY: The issue was addressed by Naomi Bass Washam, one of the property owners. Ms. Washam owns the easterly side of the property. She told Council she has been working toward cleaning up the property, and has contacted Idaho Power for the removal of a power pole. The property line splits the property into a west section and east section. She is hiring B&A Engineering to give an estimate on surveying the property in order to determine property lines. She and her family will send a letter to the family members that own the west side and give them until September 12 to remove all personal belongings on the east side. Moved by EASON and seconded by MASNER to take appropriate legal action if the property has not been cleaned up, condemned house removed and health concerns addressed by Sept. 13. ALL AYE: MOTION CARRIED. ARBORETD-M: YZAGUIRRE is going to address the arboretum when he recovers from surgery. Moved by EASON and seconded by BASTIAN to continue the matter until the next regularly scheduled meeting. ALL AYE: MOTION CARRIED. EAGLE GENERAL WATERWORKS Kathy Shiflet addressed the Council regarding the plans for water through General Waterworks in the City of Eagle. The company will be called Eagle United Waterworks. She presented a map outlining the area that will be served. They have filed with PUC to serve the area. The area map provides section 1 and 2 service areas in the City. They will negotiate with Island Woods Subdivision, as well as others to serve them. The question came up addressing the City of Eagle ordinance requiring dedication of water systems, as well as the utility franchise in the city. We need to know how this applies to Island Woods. The City Attorney will be asked to check when the ordinance passed and if Island Woods is exempt. Moved by MASNER and seconded by BASTIAN to continue the discussion in order for the attorney to review this issue, with instructions to the attorney to determine when ordinance went into effect, what option does Island Woods have, and what is the legal status to negotiate with Island Woods. ALL AYE: MOTION CARRIED. Moved by BASTIAN and second by MASNER to authorize the Mayor to execute the Memorandum of Understanding between EM2, the City and Lexington/Treasure Valley. ALL AYE: MOTION CARRIED. EAGLE DEVELOPMENT AGENCY: The Mayor addressed the proposal of the development agency with members of the audience in attendance concerned about the impact of a development agency on them. The Mayor said the agency would deal with fine tuning the infrastructure the City needs. The Council needs to consider the commercial plans for the city. If they decide to implement the agency they would need to set down the guidelines for a commercial center. The city would decide what the commercial guidelines would be rather than the developer. The council asked the developer to come back to the city with a proposal for a downtown commercial development. If the agency is created then it would set the guidelines as to what is needed and what it would entail. There are a number of items including office and commercial complexes that would provide jobs in Eagle. One site to consider is the Oppenheimer property. Mayor GUERBER said he has talked to Oppenheimer and Safeway representatives about a complex to establish an office and commercial complex on that site. The impact on the city library and other services would be significant. The establishment of an agency would look at locations for a library education information center. Something that will be an information center for the future. The center may include education possibilities in the future, ie BSU. Also a government complex which would include city hall, law enforcement, licensing, assessor etc. In turn that would provide the seniors with more room having vacated city hall. The city also needs a recreation complex near downtown. NO specific site has been identified for a light industrial facility, but such a facility would be included in the concept for small manufacturing and small business in an industrial location. This would enhance employment in the city. We need to look beyond the city for recreation needs for baseball, soccer etc. The last item is a wildlife habitat within the city, to encourage wildlife to stay in the city. Tax increment financing may be available for some of these plans. ENGINEER'S REPORT: Stan McHutchinson reported on the progress with Idaho Power for street lights on State St. Kestral Cove: There are the 4 items to be checked off. The City Engineer will check on all of this. Moved by EASON and seconded by Masner to go into executive session to discuss personnel matters. ALL AYE: MOTION CARRIED. The Council adjourned into executive session at 10:40 p.m. The Council reconvened at 10:50 p.m. Moved by EASON and seconded by MASNER to pay final compensation to Mary Ann Wilcox which will be regular work hours plus 33 overtime hours. ALL AYE: MOTION CARRIED. NOTE: the overtime hours were accumulated as part of the original 55 overtime hours agreed to be paid her for the month of September in lieu of a recreation salary not included in the budget. CLAIMS AGAINST THE CITY: Moved by EASON and seconded by MASNER to approve the claims as presented. ALL AYE: MOTION CARRIED. There being no further business the meeting adjourned at 10:55 p.m. ~spe ,.~ly~ubmitted: EAGLE CIT~ CLERK c .\ ,~ ~-~3 '%.~ ~YOR STEVE G~~'~