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 MOTION WITHDRAWN.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