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Minutes - 1995 - City Council - 12/12/1995 - RegularEAGLE CITY COUNCIL MEETING December 12, 1995 Pre Council: Engineers report: Barry Peters-Flood Plain application was discussed. Mr. Peters received approval for a lot split by the City. There are 2 lots in the floodplain, along with ponds in the floodway. The Council agreed that unless there is a problem with the application and FEMA recommendations this does not need to return to Council. The Engineer needs to review this, make sure it is in compliance and approve this. There is an additional inquiry regarding the Lori Reed property and a proposal to build a home in the floodway. The Council asked the applicant to approach them with the proposal. The Engineer reported on his progress with the Tennis Court Light installation. Ada County/City of Eagle Parks Discussion: a proposal was submitted to the Council regarding the costs and feasibility study for a proposed 85 acre park on the east side of the present SH55. Eagle needs to involve the public, find out the feasibility from the public and finances. The City of Eagle has committed up to $10,000. toward the project. P&Z: Mary Berent reported on P&Z activities. Sewer: They are limiting hook up permits to 60 days or null and void. Builders can apply for an extension for $525.00 for 30 days only, then must apply for another permit. City Clerk: The Clerk reported we have received the Ada County Comprehensive Plan. It is available for review should the Council want to see or have a copy of it. Boise Police Volunteers for dispatch alternatives was discussed. The Council wants the Fire District to participate. The City Clerk will contact the Fire Chief. Concern was expressed regarding the concept of Eagle Rd. becoming an expressway in the future. Mayor GUERBER and MASNER will approach the APA board regarding this matter. The Eagle City Council met in regular session on December 12, 1995. Mayor GUERBER presiding. The following members were present: RICK YZAGUIRRE, STAN BASTIAN, MORGAN MASNER. Absent: THOMAS EASON Moved by BASTIAN and seconded by YZAGUIRRE to approve the minutes of the November 28,1995 meeting as presented. ALL AYE: MOTION CARRIED. Moved by YZAGUIRRE and seconded by BASTIAN to Alternative Transportation Plan and Town Hall BUSINESS. ALL AYE: MOTION CARRIED. add to the agenda Meeting under NEW UNFINISHED BUSINESS: Findings of Facts and Conclusions of Law/Idaho Power Rezone/CUP Moved by YZAGUIRRE and seconded by MASNER to approve the findings as presented. ALL AYE: MOTION CARRIED. Amendments to City of Eagle Personnel Policy Manual (continued) Discussion took place regarding different alternatives to the plan concerning key positions such as the City Clerk. The Council asked the Mayor to select members for a sub-committee to deal with the issue and come to a solution regarding the amendments in relation to the FLSA. Mayor GUERBER asked BASTIAN AND YZAGUIRRE to work on a recommendation for the job description amendment. The Mayor appointed both and scheduled the report for the first meeting in January. NEW BUSINESS: Downtown Development Committee Report-RFP's: Joe Schreiber The Committee selected Jensen Belts with Bill Selveage as their representative. Moved by MASNER and seconded by to YZAGUIRRE to authorize Joe Schreiber to appoint Jensen Belts for $10,000. ALL AYE: MOTION CARRIED. Extension of time: Fall Creek Subdivision/Preliminary Plat: Moved by MASNER and seconded by BASTIAN to consider the extension of time only with indemnification and a release from the developer declaring to defend the city in case of a suit in a sewer dispute or issue. Also, including that the developer will not sue the city over the sewer issue. This clause shall be included with all extensions of time and all new subdivision plats. ALL AYE: MOTION CARRIED. Moved by YZAGUIRRE and seconded by BASTIAN to grant a one year extension with the addition of the new clause. ALL AYE: MOTION CARRIED. Senior Bids Floor repair bids: Acorn Floors and Interiors, R&R Hardwood Floors, and Horseshoe B Hardwood Floors bids were submitted for Council review. The seniors need to have written Council approval for any maintenance on the center as indicated in the Senior Citizen/City Hall Agreement. After discussion the refinishing issue was continued until the summer when the budgeting process begins for 1997. The last refinishing was paid for by the seniors. Beer, Wine and Liquor License renewals: Moved by MASNER and seconded by BASTIAN to approve the following Beer and Wine Permits: 1. Eagle Beverage 2. Eagle Food town 3. Eagle Hills Golf Course 4. Eagle Uni Mere 5. Circle K 6. Justo's 7. Chicago Connection 8. Bank Club 9. Gloria's Restaurant 10. Regal Eagle 11. Smoky Mountain Pizza & Pasta and to continue the Seven Mile/Croslin (liquor permit) and the Arbor until the meeting of December 19. In the meantime to send them certified mail for a response prior to the meeting. ALL AYE: MOTION CARRIED. ALTERNATIVE TRANSPORTATION: The Senior Van and budget of the $18,000 was discussed. There are 3 parts to this program 1. The Senior Van, the City pays $400. a month for senior use of the Van, 2. Ridesharing Program: The City purchases 2 seats a month on a Van for people to take and in turn the city is reimbursed back. 3. Script Program: a Cab program the city pays a portion of that so they have transportation. This is all within the budgeted $18,000. Charles Trainer has the budget. The Mayor will contact him and will report the line items at the next session. TOWN HALL MEETING: A citizen asked for a town meeting. The meeting was discussed by Council and Mr. Bower. Mr. Bower outlined the town meeting for the Council and advised them that the notice invited the public, Council, P&Z and ITD to be in attendance. The meeting is being called to address concerns regarding the Alternative Route and the re-alignment of SH55. The meeting will be held in the Senior Citizen Center. APPOINTMENT TO EAGLE PLANNING AND ZONING COMMISSION:(continued): Mayor GUERBER asked for Council direction on the nominations previously submitted including Chuck Ferguson. Moved by BASTIAN and seconded by MASNER to nominate Farrin Farnsworth to the position. ALL AYE: MOTION CARRIED. ORDINANCE AND RESOLUTION: Ordinance 272-Idaho Power-Rezone: ORDINANCE: Ordinance #272 (Idaho Power Rezone). Moved by YZAGUIRRE and seconded by BASTIAN to dispense with the three day reading and consider the ordinance immediately. An ordinance rezoning the property from C2 to C3 for the Idaho Power Substation. ALL AYE: MOTION CARRIED. Moved by YZAGUIRRE and seconded by BASTIAN to adopt Ordinance #272 as presented. ALL AYE: MOTION CARRIED. Resolution 5-95: Bench Valley Study: Moved by MASNER and seconded by BASTIAN to adopt the resolution as amended to include the Council opposition to the creation of an expressway on the Eagle Rd. corridor. ALL AYE: MOTION CARRIED. Resolution 6-95: Communications: Moved by MASNER and seconded by BASTI~N to adopt the resolution as presented. MOTION WITHDRAWN. Moved by YZAGUIRRE and seconded by BASTIAlq to adopt the modified to include that the communication is to be within 48 hours rather than on the same day as written. MOTION CA~RRIED. resolution dispersed ALL AYE: REPORTS: Mayor: There will be a concert at the Eagle High ~chool this Saturday night. He will be singing at the event. Attorney: A report on the IRS audit: The auditors met with representatives of the IRS. The IRS representatives concluded that the previous appeal process has been challenged before and the IRS position was upheld. The appeal period is the end of this month and the City Attorney wanted to know if the Council wanted to challenge. The Council indicated that other cities and Idaho counties would probably want to be advised of this as it impacts them also. The City Attorney suggested that the Association of Attorneys as well would take an interest. Wants to circulate the auditor letter to Association of City Attorneys and Association of Counties. The City Attorney will talk to John Dean, the City Auditor, to formulate an appeal. We are still in the internal appeals portion of this issue, until the end of the month. If this goes further the City would need a special tax counselor. The City Attorney asked for authorization to release the auditor's letter to the different agencies referred to in this matter. Moved by BASTIAN and seconded by YZAGUIRRE to use the letter from the City Auditor as support in approaching other entities. ALL AYE: MOTION CARRIED. Brighton: Court date: Feb 26 CLAIMS AGAINST THE CITY: Moved by YZAGUIRRE and seconded by BASTIAN to approve the claims as presented. ALL AYE: MOTION CARRIED. There being no further business the meeting adjourned at 9:45 p.m. submitted: ~ec~u~ EAGLE CITY CLERK APPROVED: ~YOR STE~ GUERBER