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Minutes - 1994 - City Council - 10/25/1994 - RegularEAGLE CITY COUNCIL MEETING October 25, 1994 Lt. Dale Woodcook gave the sheriff's report. Berry Peters - Scotts Glen Subdivision= MX. Peters asked for reconsideration of the decision by Council to deny the Subdivision in the Eagle Island area. The discussion resulted in the Council continuing the reconsideration request in order to receive a legal opinion from the City Attorney, F~ona ~ack. This matter will be rescheduled for the next Council meeting. The P&Z report was given by F~mry Berent. The Eagle City Council met in regular session on October 25, 1994. Mayor GUERBER presiding. The following members were present: STAN BASTIAN, MORGAN MASNER. RICK YZAGUIRRE, THOMAS EASON, Moved by YZAGUIRRE and seconded by BASTIAN to approve the minutes of the October 11, 1994 meeting as presented. ALL AYE: MOTION CARRIED. UNFINISHED BUSINESS: Findings of Fact and Conclusions of Law/Custom Masonry. Moved by EASON and seconded by BASTIAN to approve the findings and conclusions as presented tonight. MOTION WITHDRAWN. Moved by BASTIAN and seconded by MASNER to continue the findings for Custom Masonry in order to rewrite the findings to include documentation of the illegal nonconforming issue. ALL AYE: MOTION CARRIED. Eagle Utility Franchise (continued from Oct. 11): The minutes of January 26, 1993 were presented to Council. The minutes included those items that Mr. DeShazo needs to clarify and confirm in order for the City to provide franchise rights to the Eagle Water Co. Mr. DeShazo agreed to provide information on the franchise area, including letters of compliance from DEQ, PUC, IDWR and any other pertinent agencies. The Council agreed that 5% is appropriate for the franchise fee since other franchises are 5%. Mr. DeShazo discussed the area the franchise will be applied for at this time and will have the PUC verify those service areas for the Eagle Water Company, and DEQ will provide a letter verifying ability to serve the area. Mr. DeShazo agreed to provide the Council with a liability letter from his insurance company to answer the question of bonding. Mr. DeShazo will supply the City with a letter by a bonding agency or certificate of insurance. The amount of insurance is to be $500,000. MASNER urged Bob DeShazo to sit down and talk with General Water Service and City representatives in order to work out an operating agreement regarding water in the City. Fall Creek - Memorandum of Agreement: The City of Eagle received a proposed Boise City/Eagle Memorandum of Agreement as amended by Boise. The agreement establishes that Oct. 31 will be considered the deadline of intent to renegotiate. If the agreement is not acceptable, they will abandon plans. This memorandum does not include the joint usage of the park land. The Council declined to pass the MOU until included in the agreement or a separate agreement is a commitment to that fact. The Council understood this issue was to be part of the agreement, that the formula was to share the park. Moved by MASNER and seconded by BASTIAN to return the MOU to Boise to ask for an inclusion of a park agreement for a section of shared operation and usage of the park by residents of the City of Eagle, without fees, a joint powers agreement. ALL AYE: MOTION CARRIED. MASNER noted a reduction in the buffer zone from the agreed 500 ft. to 400 ft. The City will need clarification regarding the amount of footage in the buffer zone. NEW BUSINESS: Extension of Time Edgewood Estates #3: Moved by YZAGUIRRE and seconded by EASON to approve a 6 month extension of time. ALL AYE: MOTION CARRIED. Kozi Ridge Estates - Request for Waiver of street lights: Moved by MASNER and seconded by EASON to grant a temporary waiver until such time that other subdivisions around it are developed and/or when this subdivision expands to more than a 2 lot subdivision. Street lights will be required at that time. ALL AYE: MOTION CARRIED. Ada County Transmittal 94-58-PDR - McCaw Subdivision: Moved by YZAGUIRRE and seconded by MASNER to approve the Ada County Transmittal as presented waiving the requirement for street lights, and requiring instead yard lights, and, to waive the curb, gutter and sidewalk requirement. ALL AYE: MOTION CARRIED. Bids Aatronics Bid - Microphone and Accessories: Moved by BASTIAN and seconded by EASON to approve the bid, with the exception that if the mixer is determined unnecessary by staff that it be omitted from the bid. ALL AYE: MOTION CARRIED. ORDINANCES-RESOLUTIONS: Resolution #6-94 - Unfunded Mandates: Moved by MASNER and seconded by EASON to approve the Resolution as presented. ALL AYE: MOTION CARRIED. Ordinance #251 - amending Title 10-1-6 - Updated Federal Insurance Administration Maps. Moved by BASTIAN and seconded by MASNER to dispense with the three day ruling and to consider Ordinance #251 at this time. ALL AYE: MOTION CARRIED. Moved by BASTIAN and seconded by MASNER to adopt Ordinance #251, an Ordinance amending Section 10-1-6 and Section 10-1-7. ALL AYE: MOTION CARRIED. Ordinance #249 - Areas of Critical Concern: Moved by YZAGUIRRE and seconded by BASTIAN to dispense with the three day ruling and to consider Ordinance #249 amending Section 9- -5-8 to establish areas of critical concern. ALL AYE: MOTION CARRIED. Moved by YZAGUIRRE and seconded by BASTIAN to adopt Ordinance #249, an Ordinance amending the Areas of Critical Concern. ALL AYE: MOTION CARRIED. MAYOR'S REPORT: Safeway (A&P) are interested in negotiations on the sale of the Oppenheimer/Safeway property. They would be interested in an appraisal of the property, if initiated by Eagle, and would base a price of the land on that appraisal. An appraisal may cost approximately $2,000. Mayor GUERBER reported on the Ada County Highway 55 and Floating Feather joint venture for recreation purposes. Ada County wants Eagle to pay for a land survey on the property in order to begin leveling. The leveling of the property will be donated by the National Guard, the total cost of the survey would be approximately $2,323. Moved by BASTIAN and seconded by MASNER to authorize the capital expenditure of $2,323. for the survey. Ada County Highway Dist. sent a letter to the City regarding "Neighborhood Projects", they want a list of projects the City of Eagle would be interested in. They want to know areas that need improving. The Mayor pointed out a section of Stierman Way where there is no sidewalk from the Courtial Dental Clinic to Justo's Grocery. This would be a good project and the kind of project ACHD would like to hear about. We need to get this information back to ACHD by January, 1995. ATTORNEY'S REPORT: Brighton Suit: The City Attorney will file a Motion of Summary Judgement. MASNER asked how Boise is issuing building permits on property in question. It would appear that transfer of title is taking place even with the law suit in progress. The Council asked that the Mayor and City Attorney discuss what actions need to be taking place with regards to the Brighton law suit under the circumstances, and what recourse the City of Eagle has. The suggestion is a temporary restraining order, which may or may not be best for the YMCA or other third parties. The redevelopment agency was discussed. MASNER asked that the City Attorney prepare a letter regarding the question that a city cannot expend funds for private enterprise. MASNER received a proposal from an appraiser to review the buy-outs by the Cantlin Corp. for property owners in the Albertson area. ENGINEER'S REPORT: Idaho Power will install the 2 lights on Sandra Pl. They will give us a bid on Hill Rd. and Harvey St. for one light. Kestral Cove has completed all but one of the conditions required by Council. Stan will keep on top of it and report back to Council. COMMITTEE REPORTS: EASON recreation equipment proposals. The City received 3 bids. The first bid, Iron Mtn Forge, is 5,360. including installation. Garrett and Co. bid included 5 options the highest one, 5,885. The installation was an extra cost. The final bid was Alpine Recreation Sports for $5,799 The Council reviewed the bids and catalogs accompanying the bids. Moved by MASNER and seconded by BASTIAN to authorize the purchase of the Fort Masher equipment from Iron Mtn Forge. (This selection was made from the catalog and not one of the bids), The Council also authorized the necessary repairs needed on the existing equipment in O.K. Park. ALL AYE: MOTION CARRIED. MASNER asked for the City Attorney to speak to Title 10, the Flood Plain Ordinance to determine if there is a conflict between the code and comprehensive plan speaking to floodways/floodplains. BASTIAN is concerned that the Code does not define a clear cut difference in Floodplain and Floodway and asked for clarification that point also. BASTIAN reported on the sewer and library activities. APPOINTMENTS: Mayor GUERBER presented the reappointment of Bert Bradley to Eagle Planning and Zoning for Council consideration. Moved by BASTIAN and seconded by YZAGUIRRE that approval be given to the reappointment of Bert Bradley to Eagle P&Z. ALL AYE: MOTION CARRIED. CLAIMS AGAINST THE CITY: Moved by YZAGUIRRE and seconded by EASON to approve the claims as presented. ALL AYE: MOTION CARRIED. There being no further business the meeting adjourned at 10:05 p.m. EAGLE CITY CLERK