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Minutes - 1994 - City Council - 11/08/1994 - Regular EAGLE CITY COUNCIL MEETING November 8,, 1994 Pre Council= Mary Berent gave the P&Z report Laura Mark~ reported on the ?.~-caDin~ Committee activities. Co~,m~ttee reports were given on the library, Dark, seniors and sewer. The Eagle City Council met in regular session on November 8, 1994. Mayor GUERBER presiding. The following members were present: RICK YZAGUIRRE, THOMAS EASON, STAN BASTIAN, MORGAIgMASNER. Moved by YZAGUIRRE and seconded by MASNER to add to the agenda, under item E, executive session regarding possible litigation. Moved by MASNER and seconded by EASON to approve the minutes of the October 25, 1994 meeting as presented. ALL AYE: MOTION CARRIED. Moved by BASTIAN and seconded by YZAGUIRRE to approve the minutes of the November 1, 1994 meeting as presented. ALL AYE: MOTION CARRIED. PUBLIC HEARING - Baker/North Channel - Rezone Mayor GUERBER announced that this was the time and place set for a public hearing on a rezone request by Wayne Stollfus. Applicant: Wayne Stollfus Location: N. of old meat packing plant on Eagle Rd. Proposal: Mi to C1 Public Testimony: none Public hearing closed at 7:40 p.m. Moved by YZAGUIRRE and seconded by MASNER to approve the rezone as presented. ALL AYE: MOTION CARRIED. PUBLIC HEARING - Bevington - ReZone Mayor GUERBER announced that this was the time and place set for a public hearing on a rezone request by LaRue Bevington. Applicant: LaRue Bevington Location: East State St. (812 E. State) Proposal: rezone from A to C2. Proposal presented by LaRue Bevington Public Testimony: none Public hearing closed at 7:45 p.m. Moved by MASNER and seconded by EASON presented. ALL AYE: MOTION CARRIED. to approve the rezone as UNFINISHED BUSINESS: FINDINGS OF FACTS AND CONCLUSIONS OF LAW/ First Security Bank - CUP Moved by BASTIAN and seconded by MASNER to approve the findings as presented. ALL AYE: MOTION CARRIED. TREASURE VALLEY FEED AND SEED (continued): An updated report was received from Mr. Strittmatter 1. The right of way has been hydroseeded, within 5 ft. of the highway 2. The trash dumpster is screened on three sides 3. He submitted a letter of intent to the Mayor He has contacted the neighbors to the N. They have no problem with the lack of screening. BERRY PETERS: Continued until later in the meeting when the city attorney is present. APPOINTMENTS: Moved by YZAGUIRRE and seconded by EASON to continue this item until the next meeting. ALL AYE: MOTION CARRIED. MAYOR'S REPORT: The Memorandum of Agreement for Fall Creek was discussed. The Mayor suggested we should sign the agreement. Eagle will continue to have access to the park without an agreement. We do have the 400 ft. buffer between the park and the Boise sewer plant. This agreement will also protect the Carrico family and benefit the people of the City of Eagle. It allows the creation of Fall Creek Subdivision at a comfortable level and provides a school site. This increases the probability of the sewer line going to the south side of Eagle Rd. Moved by YZAGUIRRE to authorize the Mayor to execute the MOU and continue with negotiations regarding consideration of a recreation agreement beneficial to the City of Eagle. AYE: BASTIAN, YZAGUIRRE, EASON. OPPOSED: MASNER. ENGINEER'S REPORT: The light at Hill Rd. and Harvey Rd. would cost about $4,000 to extend power to that point, or $69 a month. Moved by BASTIAN and seconded by EASON to authorize the Mayor to sign an agreement for a light at Hill Rd and Harvey at $69.00 per month for rent on the power, for approximately 5 years. ALL AYE: MOTION CARRIED. Stan has the contract ready for signature. There are 2 additional lights in the Evans Subdivision, but they are billed at a nominal charge. The lights from Highway 55 to the Eagle downtown area will probably be installed in December. COMMITTEE REPORTS: EASON Reported on the recreation equipment approved by Council. There is a difference of approximately $2,000 in the wood set and plastic set. The Council selected the wood set. YZAGUIRRE: The seniors are still pursuing the grant for the building and grounds. WATER COMPANY ISSUE: The Good Faith Agreement has been executed. The Mayor reported there has been a meeting. Any negotiations between Eagle Water Co. and Boise Water Co. will have to be between those two entities. Negotiations will continue. CLAIMS AGAINST THE CITY: Moved by EASON and seconded by MASNER to approve the claims as presented. ALL AYE: MOTION CARRIED. Computer: Offer from the City Clerk for the outdated computer in the amount of $50.00. Moved by EASON and seconded by BASTIAN to sell the computer to the City Clerk as requested. ALL AYE: MOTION CARRIED. BERRY PETERS: Fir. Peters asked for clarification on 2 points. First the reconsideration of the subdivision plat application and the seconded is floodway/floodplain issue. Mona Mack advised that it is not possible to reconsider this application without the application returning to P&Z as a public hearing. The Council could consider waiving the one year provision. Fir. Peters requested a letter written to FEMA suggesting the removal of the site from the floodway. The Council asked him to write the letter and return to Council for approval of the contents contingent on the city attorney's endorsement. URBAN RENEWAL AGENCY APPRAISAL: Mona Mack reported to Council that any municipal expenditures must be for public purpose rather than any private purpose which is in violation of Article 8, Section 4 and Article 12, Section 4 of the Idaho Constitution. BRIGHTON CORP: Moved by MASNER and seconded by YZAGUIRRE to authorize the city attorney to file a las pendens with the county recorder. ALL AYE: MOTION CARRIED. Moved by EASON and seconded by MASNER to adjourn to executive session regarding possible litigation. ALL AYE: MOTION CARRIED. The executive session adjourned and returned to the regular session at 10:00 p.m. There being no further business the meeting adjourned at 10:00 p.m. Respectfully submitted: BARBARA MONTGOMERY EAGLE CITY CLERK APPROVED: ~4AYOR STEVE GUERBER