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Minutes - 1995 - City Council - 11/28/1995 - RegularEAGLE CITY COUNCIL MEETING NOVEMBER 28, 1995 Pre Council= Library Board Report= The Council will review the report issued to the City by the Board and let the Board know at a later date if the Library changes to the budget regarding salaries is acceptable. Sheriff Report: Given by Lt. Dale Woodcook. A report will be submitted to Eagle each month for the Council to review. Engineers Report= Kestral= The City Engineer addressed the agreement initiated between Bill Narver and the City. Shari Sharp is reviewing the agreement and has written a letter outlining her needs. The Council discussed the Subway Restaurant removing the city tree and concreting over the area. Since the missing tree has not created a gap in the looks of the block the Council determined it should remain as is, but a new tree must be replaced in the City. The suggestion of Second St. came up but the Council wants the Design Review/Landscaping Comm%ittee to meet with the developer and choose the location where a tree should go. The P&Z report was given by Mary Berent. The Eagle Alternate Route was discussed as far as a future crossing between Eagle Rd. and Ballantyne to accommodate future development. The point was made that the crossing street is not expected at the time the alternate route is constructed but later when needed. Reports= Mayor= A regional group will begin a study on the water aquifer system from Mtn. Home to probably Ontario. This will begin this Friday and entails the usage or limitations in the area dealing with the aquifer. Recreation needs are being discussed on a state wide level for legislation. Seniors= A contract establishing $400 a month for Van use for the co~m~/nity has been initiated. Discussion on refinishing the floors in the Senior Citizens Center took place. The City Clerk noted that the senior contract with the city places the maintenance responsibility on the seniors. The Council would like to know who paid for the refinishing before and asked the City Clerk to return to Council with the bids and an answer. Library~ HP file card system being installed to scan cards much in the same way as the grocery stores. The Eagle City Council met in regular session on November 28, 1995. Mayor GUERBER presiding. The following members were present: RICK YZAGUIRRE, STAN BASTIAN, MORGAN MASNER. Absent: THOMAS EASON Moved by YZAGUIRRE and seconded by MASNER to approve the minutes of the November 8, 1995 meeting as presented. ALL AYE: MOTION CARRIED. Moved by MASNER and seconded by YZAGUIRRE to approve the minutes of the November 14, 1995 meeting as presented. ALL AYE: MOTION CARRIED. Mayor GUERBER asked for consideration of a motion adding to the agenda, UNFINISHED BUSINESS, Item A, Parks: Merrill Community Park. Moved by YZAGUIRRE and seconded by MASNER to add to the agenda the item Parks: Merrill Community Park, under UNFINISHED BUSINESS. ALL AYE: MOTION CARRIED. UNFINISHED BUSINESS: PARKS: MERRILL COMMUNITY PARK: Mayor GUERBER released a statement regarding the dedication of park land by the Merrill family to the City of Eagle. The park land is part of the Merrill Egg Farm property at this time. Mayor GUERBER gave a statement for news release. Reed Merrill presented the park site concept to the Council and audience. Findings of Facts and Conclusions of Law: Albertson's Rezone and Lexington Mills Phase 7 and 8 Preliminary Plat. Moved by MASNER and seconded by BASTIAN to approve the findings as presented. ALL AYE: MOTION CARRIED. Senior Van Contract: The contract was presented by Barbara Montgomery, City Clerk. The contract is between the Eagle Senior Citizens Center and the City of Eagle to pay the Seniors a sum of $400 each month for citizens-at-large use of the van through September, 1996. Moved by YZAGUIRRE and seconded by BASTIAN to approve the contract as submitted. ALL AYE: MOTION CARRIED. ACMD Enhancement Program: The City Clerk reported to Council that the paperwork has been sent to the Eagle Chamber of Commerce, and some of the Mome Owners Associations in the area, but that no answers have been received. TRASH LICENSE RENEWAL: The City Attorney addressed the Ada County solid waste contract. She told the Council that in order to have an ordinance in final form she will need about 4 to 6 weeks more. The Eagle Ordinance will follow the guidelines of the Ada County Ordinance. The Ada County Ordinance avoided litigation unlike Boise, that is in litigation in the supreme court over solid waste at this time. Councilman Eason needs to sign off on this as it is his expertise that initiated the Ordinance. Moved by MASNER and seconded by YZAGUIRRE to get Eason for his approval upon completion and have Council at that time. the contract to him address the PUBLIC HEARING/Idaho Power-CUP: Mayor GUERBER announced that this was the time and place set for a public hearing on an application from Idaho Power for a CUP to upgrade the power lines and to rezone from C2 to M2 to update the substation. Applicant: Location: Proposal: Idaho Power State St. (Across from City Hall) CUP: upgrade lines Rezone: to update substation Susan Grey spoke to Council representing Idaho Power. of Ada County (west) does not have adequate supply lines in the western area. This portion of power and Trish Yerrington, Transmission Engineer for Idaho Power outlined the area involved. Berney O'Sullivan: Outlined the new right of way in relation to the old one and addition of taller poles. Blaine Johnston: Outlined the substation and a drawing was disclosed. There will be extra landscaping. David L. Sikes: Upgrade time determination is about replacement of equipment will be necessary within the change of structure would not be necessary. 10 years. A 10 years but Public Testimony: none Public hearing closed at 8:35 p.m. Moved by YZAGUIRRE and seconded by BASTIAN to approve this application subject to the P&Z conditions and with a C3 district zone. The conditions are as follows: 1. An additional CUP must be applied for 2. No further expansion once they upgrade this location, the next upgrade needed will require a different location. 3. Additional design review and landscape review will be necessary. Additional screening against the fence on State St. is required. 4. To grant the CUP for the lines only. Additional CUP necessary to comply with Title 8. ALL AYE: MOTION CARRIED. NEW BUSINESS: Amendments to the City of Eagle Personnel Policy Manual: The City Clerk and Library Director positions were discussed as well as the Council decision that all overtime will be after a 40 hour week. The FLSA requirements were also discussed at length by the City Attorney. Moved by YZAGUIRRE and seconded by MASNER to require the City Clerk and the Library Director to take the test to determine if they fall under the guidelines of FLSA with their supervisor and come back to the next Council meeting with the results. ~%LL AYE: MOTION CARRIED. APPOINTMENT: PLANNING A~ND ZONING COMMISSION: The Mayor asked for recommendations from Council as to filling the position now or to wait until the change of administration. The Mayor submitted three nominees for consideration: Farren Farnsworth, Tom McCreedy, and Jim Seltzer. Moved by BASTIAN and seconded by PLASNER to continue the matter until the next meeting in order to appoint to the Planning and Zoning Commission. ALL AYE: MOTION CARRIED. ORDINANCE: Ordinance #268 (Albertson's Rezone). Moved by YZAGUIRRE and seconded by BASTIAN to dispense with the ordinance reading on three different days and consider the ordinance immediately. /Ln ordinance rezoning the property from R5 to C2. ALL AYE: MOTION CARRIED. Moved by YZAGUIRRE and seconded by BASTIAN to adopt Ordinance #268 as corrected by the City Attorney with an affidavit and recording at this time. ALL AYE: MOTION CARRIED. REPORTS: Schools: BASTIAN will distribute material regarding an opportunity to be part of the high school activities to Eagle Quest and the Charaber of Commerce. Pathway: Streamside has contacted the Pathway Committee regarding Dept. Of Lands requirements. Ridges to Rivers will have a recommendation to the APA board after one final meeting. Attorney: John McFadden, Attorney for the City discussed the PUC/ United Water and Eagle Water Co. hearing for certificated service areas. The meeting dates are January 10, 1996, at the PUC, and in the evening at Eagle City Hall also held on January 10, 1996. They will continue the hearing on January 11. Pre-file testimony is on November 29, if the Council wants to attend. The second opportunity is December 22, a rebuttal testimony will be filed (staff testimony) or file a Statement of Position on January 5. or, at the hearings at the PUC or City Hall. MASNER wanted noted for the record that he believes there is a conflict of interest in the Mayor elect testifying on behalf of Eagle Water Co. MASNER will sponsor for the City and work with John McFadden testimony to have ready Friday. The Council members need to sign testimony given. CLAIMS AGAINST THE CITY: Moved by MASNER and seconded by YZAGUIRRE to approve the claims as presented. ALL AYE: MOTION CARRIED. There being no further business the meeting adjourned at 10:05 p.m. Respectfully sA ~ed: ~ /'~ MONTGOMERY EAGLE CITY CLERK APPROVED: M. AYOR STEVE G~ERBER