Loading...
Minutes - 1995 - City Council - 10/10/1995 - RegularEAGLE CITY COUNCIL MEETING October 10, 1995 Pre Council= Ada County Sheriff~ Park Lane, law enforcement and gangs were discussed. Ballantyne Ditch Safety Issue~ Tom Ricks, ditch representative, was asked to attend the meeting to answer concerns of the Council regarding the tiling and not tiling of the ditch. Mr. Ricks believes there is no danger because of screening required to the entrance of the ditches. The Council requested Meridian City Code regarding ditches. Engineers Report~ Echohawk and Berkshire requested relax requirement to include only common lots. The Farmers Union Ditch Co. advised them that there are no additional water shares. Berkshire should look into drilling an irrigation well in partnership with Echohawk. CFS Floodplain~ may not be beneficial with the amount of homes in Eagle floodplain areas. Kestral Cove was discussed. A meeting is set for Oct. 25. The question is who created the problem, the developer or builder? It may be that both created the problem. Mona was directed to file a com~laint with the court naming both. P&Z~ report was given by Mery Berent The Eagle City Council met in regular session on October 10, 1995 1995. Mayor GUERBER presiding. The following members were present: RICK YZAGUIRRE, STAN BASTIAN, MORGAN MASNER. Absent: THOMAS EASON Moved by YZAGUIRRE and seconded by BASTIAI~ to approve the minutes of the September 26, 1995 meeting as presented. ALL AYE: MOTION CARRIED. Moved by YZAGUIRRE and seconded by BASTIAN to add the Kings property to the agenda under NEW BUSINESS, #F. ALL AYE: MOTION CARRIED. UNFINISHED BUSINESS: Berkshire Estates - Final Plat Approval (continued) The issue was addressed by Ted Hutchinson, who introduced a letter into record regarding additional shares of water. As Stan reported there are no shares available as per Farmers Union Ditch Co. Moved by MASNER and seconded by BASTIAI~ to delineate the condition for a pressurized irrigation water system on building lots based on the fact there are no additional water shares from the Farmers Union Ditch Co., but to require the system be used in common lots. The conditions imposed by P&Z and the standard conditions apply with that exception. ALL AYE: MOTION CARRIED. Downtown Development Report: Joe Schreiber: Moved by BASTIAN and seconded by MASNER to approve a budget up to $10,000 for development of a downtown plan. Mr. Schreiber informed the Council that the RFP's are out and the Committee will select a choice to bring to Council. Mr. Schreiber wants to send a complimentary note to the APA Director commending Ali Bonakdar's aid with the Mayor's signature. ALL AYE: MOTION CARRIED. PUBLIC HEARING/Merrill - CUP Mayor GUERBER announced that this was the time and place set for a public hearing on a Conditional Use Permit for a mobile home on the Merrill property for parents. Applicant: Location: Proposal: Galen and Nancy Merrill E. State St. (Merrill Egg Farm property) Hardship - temporary use, until no longer needed, of a mobile home for parents during the summer months. Access to the property is already available. Public Testimony: Joe Cheney - in favor Written Testimony: Dolores Creed - in favor Public hearing closed at 8:15 p.m. Moved by MASNER and seconded by BASTIAN to approve the CUP subject to the conditions of P&Z and for the Cheney's use only. The mobile home is to be removed when no longer needed. ALL AYE: MOTION CARRIED. NEW BUSINESS: Election Clerks & Judges: Moved by YZAGUIRRE and seconded by MASNER to appoint Donna Leslie, Karen Wagner, and Carol Deckard as the clerks and judge of the upcoming general election November 7, 1995. ALL AYE: M~TION CARRIED. Idaho Power Contract: The attorney asked for this issue to be moved further into the agenda so she can review the document prior to its approval. The Council agreed. Vicar's Attic: Design Review: Robert Pederson, the applicant, addressed the proposal to Council. He is remodeling the house next to Zurcher Plaza into a gift shop following some of the guidelines of the turn of the century feel. This is only phase 1, they will do the curb, gutter and sidewalk in the next phase. Moved by MASNER and seconded by YZAGUIRRE to approve the application as presented with conditions recommended by staff. ALL AYE: MOTION CARRIED. Lot Split/Lonnie Clarkson: Lonnie Clarkson addressed the Council. They want to split the property and use the portion of it which contains the existing home for an additional parsonage. The remainder will be accessed by an easement to the back part of the property. Moved by YZAGUIRRE and seconded by MASNER to approve the application as presented. ALL AYE: MOTION CARRIED. Echohawk Subdivision Phases 2 & 3 - Extension of time: Mr. Fulton said that phase 1 includes 37 lots, 7 of which are built out. Moved by BASTIAN and seconded by MASNER to approve the extension of one year as requested. All AYE: MOTION CARRIED. Mr. Fulton advised the Council that the sprinkler system is in the common area also he has built the berm on the new SH55 but is hung up on it right now. He would like additional time until he works something out with Berkshire Subdivision on the irrigation system and to be on firm ground with the State Highway Dept. Moved by MASNER and seconded by BASTIAN to grant the request regarding delaying the building of the fence and completing the irrigation system to the dates of completion of phase 2. ALL AYE: MOTION CARRIED. Kings Dept Store Issue: Tom King addressed the issue to the Council. Easement: Sudders owned the road, and a written agreement makes it Eagle Glen Homeowner's responsibility to maintain the road. The Kings now own the road, the Eagle Glen homeowners must still maintain it. Mr. King agreed to bring the landscaping up to the requirements made, by letter, on the May 10 meeting. Any landscaping that dies will be replaced. Mr. King agreed to do the planting necessary this fall or early next spring. The City will check the October and April letters to see what the requirements were. Mr. King said he complied with the condition that he install curb, ~utter and sidewalks to ACHD standards. It was the conclusion of Council that the original recording tape needs to be reviewed as to the conversation regarding the conditions regarding the road. There needs to be an update given to Council at the next meeting. The attorney for the town homes and city attorney will need to meet to discuss the road. Mr. King was asked whether he wants his attorney present. He was unable to answer so was asked by MASNER to let us know so when the meeting is set up he has the ability to participate. The Council asked for an update for the next meeting. Mona does not believe the attorneys will be able to meet in that length of time. Idaho Power Agreement: Moved by BASTIAN and seconded by YZAGUIRRE as amended by the City Attorney. Those amendments are as follows: 1. Page 1, #3: GROUNDS MAINTENANCE Eagle, or its contractors will provide grounds maintenance on the Property, such maintenance to occur typically at the same day or days that the grounds maintenance is performed on the City Hall property. 2. Page 2, #4: BILLING - IPCo shall reimburse Eagle for the costs of grounds maintenance, as determined by Eagle's contractor, plus ten percent (10%) of said cost for administration,within thirty (30) days of receipt of a billing from Eagle. 3. Page 2, #6: RELEASE IPCo acknowledges and agrees that Eagle will not provide any security for damages to the Property and IPCo releases Eagle and its contractor from any liability for any vandalism, damage or loss ---. 4. Page 2, TERMINATION - IPCo ~ may terminate this Agreement by thirty (30) days--- 5. Page 2, #9 ATTORNEY FEES - delete 6. Page 2, #10 TRANSFER - should be #9 ALL AYE: MOTION CARRIED. IRS report: Jo Bolen addressed the Council. The IRS brought a representative into the office. That representative has issued a report indicating there are penalties due since the building inspector, city attorney, Mary Berent and the work Tracy Tilby did as a contracted person are not accepted. The representative indicates that all four are employees. The City Auditor, Jo Bolen's, recon~nendation is that they handle this matter first. If they cannot resolve the issue they will approach the supervision, if that fails there will need to be an appeal filed referencing Daunt and the City Attorney issue. Meanwhile the Planner and Tracy's time cleaning, both under contract will have to be declared employees and benefits extracted from their salaries. REPORTS: MAYOR: Trautman Landscaping should go to formal bid. Property insurance report from Tom Eason suggests Fred Mortenson Co. should be selected as the carrier for the City due to the liability coverage offered. The Council wants the report to go to the individual companies and rescheduled at the next Council meeting. Committee reports: Sewer: Citizens Cor~nittee will be formed for a creative way to get rid of the water from the sewer system. Seniors: There was a question as to what utilities the City is agreeing to pay this year. The Council consensus is to pay the heat and electricity this year. The contract needs to be amended. New contract regarding the bus, driver and wages was discussed. City Clerk: Speed limit signs on Floating Feather Rd. will be installed. The passing lane on Floating Feather Rd. will be part of the ACHD budget next year. Weeds on the right of way will be removed by AC}{D, but only at the corners. The road cuts have been done. The traffic signal at Park Lane is three weeks out. The City Clerk asked for direction regarding the Banbury Meadows letter. Steve Bradbury requested an ordinance change regarding PUD's. The City Clerk indicated she has asked for a hard copy, but has not received one. Is this an ordinance change the Council wants to consider or is it the responsibility of the developer to apply for the requested amendment? The Council indicated it should be the developer's responsibility to make application to the City for an amendment. Trash licenses: Mona is working on it. Attorney: Reported on the Brighton Suit, Wintry River and the Boise River Ordinance. Mona said she would work with Barbara on letters to Summers and Bevington. Moved by YZAGUIRRE and seconded by MASNER to reconsider the motion regarding LaRue Bevington - property cleanup and follow the City Attorney's recommendation to write him a letter. ALL AYE: MOTION CARRIED. Mona will check with John McFadden regarding the Boise Water Company rates. CLAIMS AGAINST THE CITY: Moved by YZAGUIRRE and seconded by MASNER to approve the claims as presented. ALL AYE: MOTION CARRIED. There being no further business the meeting adjourned at R pec ly ubmi t t e?4.~ B~RBARA MONTGdME~ EAGLE CITY CLERK APPROVED: MAYOR STEVE GUERBER 11:00 p.m.