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Minutes - 1995 - City Council - 09/26/1995 - RegularEAGLE CITY COUNCIL MEETING MINUTES September 26, 1995 Tennis Tournament report: Mr. Mumford end Sue Tracy reported on the tournament and presented the City a tee shirt commemorating the event and $330.00 was presented to the City for the improvement of tennis courts in Eagle. ~old Medallion Insurance/Don Brinton - Property Insurance Bid: The proposal was outlined by Mr. Brinton including suggestions for improvement in the use of auto's, lighting, exits and park equipment safety. Fred A. Moreton Insurance Co. (Stein McMurray). Property Insurance Bids: Harvey Knoll addressed the proposal. The City has been insured with this company for several years. They will offer a 30 day hinder in order to give us insurance coverage while a decision regarding insurance is pending. The Council suggested this go to regular Council for decision. Weeds and Rubbish: Dan Friend and Kurt Brandon, Eagle Fire District representatives addressed the issue to Council. Chief Friend advised the Council that many of the weed problems are unsightly problems, hut may not be fire hazards. Art Yingling, Boise Code Enforcement Office and Carol Montgomery, assistant from Boise also addressed the issue, they generally take the following steps in cleaning up property: 1. Do a site review and assess the situation. 2. Issue a 7 day notice. 3. Send a certified letter siting the violation. 4. Hire someone to clean the property and send property owner or put the amount on the tax roll. contractor to do the clean up, up front. a hill to the The City pays a The Eagle City Council met in regular session on September 26, 1995. Council President YZAGUIRRE presiding in Mayor GUERBER's absence. The following members were present: STAN BASTIAN, MORGAN MASNER. RICK YZAGUIP~RE, THOMAS EASON, Moved by MASNER and seconded by YZAGUIRRE to amend the agenda to add Insurance Policy programs and Engineer contract under NEW BUSINESS, F and G. ALL AYE: MOTION CARRIED. Moved by MASNER and seconded by BASTIAN to approve the minutes of the September 12, 1995 meeting as presented. ALL AYE: MOTION CARRIED. NEW BUSINESS: Berkshire Estates Final Plat approval: Ted Hutchinson, representative for the developer Mike Angelo, addressed the project. This development has received an extension of time. A portion of the development will not be developed at this time. They do not want to use pressurized irrigation system on building lots, they will use it on common lots. They believe an irrigation system is not possible for all lots and asked for a waiver. The City Engineer, Stan McHutchinson, addressed the irrigation issue. He indicated that both Echohawk and Berkshire Subdivisions amount of water from Farmers Union Canal is marginal. They would have water for common area but may not for building lots. There is an option, ponds for water storage. He recommended the developers look into a central well for both subdivisions. Moved by YZAGUIRRE and seconded by EASON to continue the issue for 2 weeks in order to give the developer time to visit with the Farmers Union Canal representatives regarding the irrigation problem. THERE WAS NO VOTE. Moved by EASON and seconded by MASNER to move that the Wintry River Transcripts be discussed at this time. ALL AYE: MOTION CARRIED. The issue was addressed by the City Attorney, Mona Mack. She asked that in the "Decision On Objections to Transcripts" she would attach comments of Councilman Bastian, Yzaguirre and the Mayor relating to their observations of the record and the accuracy of it. Mr. Eason stated he finds the transcript adequate also. Moved by BASTIAN and seconded by EASON to approve the "Decision on The Objections to Transcripts" as outlined by the City Attorney. ALL AYE: MOTION CARRIED. Moved by EASON and seconded by YZAGUIRRE to return to the regular agenda. ALL AYE: MOTION CARRIED. Ballentyne Ditch Covering Discussion: MASNER stated that the issue is that part of the canal is covered and part is not. It needs to be one or the other. The ditch company should require it to be closed. Moved by BASTIAN and seconded by EASON to invite the Ballentyne Ditch Co. Representative, Tom Ricks, to discuss the issue of public safety at the next meeting on the pre-council agenda. ALL AYE: MOTION CARRIED. Ada County Transmittals: 95-08-ZOA Reduced Setbacks in RT Zone 95-04 ZOA Bed and Breakfast Facilities 95-07-ZOA Golf Driving Ranges in Mi Zone Moved by BASTIAN and seconded by MASNER to approve Ada County Transmittals with the recommendations of P&Z. ALL AYE: MOTION CARRIED. Insurance proposals: Moved by MASNER and seconded by YZAGUIRRE to take the 30 day binder offer from Fred A. Moreton Insurance Co., in the meanwhile EASON and Tracy from staff to do a comparison study of the proposals and submit a report to Council. The Mayor is to be involved in the process and bring this to the attention of the City Council. ALL AYE: MOTION CARRIED. Engineer's Contract: MASNER suggested puttin9 the Engineer's report on the first part of the agenda, on pre-council, for reports, so that he does not have to be here the entire meeting and save the expense. The Engineer and staff can determine if he should be at the regular meeting by indicating it on agendas. Moved by MASNER and seconded by YZAGUIRRE to initiate the above suggestion. ALL AYE: MOTION CARRIED. Moved by YZAGUIRRE and seconded by MASNER to place the UNFINISHED BUSINESS before NEW BUSINESS. ALL AYE: MOTION CARRIED. UNFINISHED BUSINESS: Findings of Fact and Conclusions of Law/ Spyglass Subdivision Annexation/Rezone/Preliminary Plat: Moved by MASNER and seconded by BASTIAN to approve the findings as presented. ALL AYE: MOTION CARRIED. Findings of Fact and Conclusions of Law/Reconsideration Hopkins Evergreen- CUP. Moved by MASNER and seconded by BASTIAN to approve the findings and conclusions as presented. ALL AYE: MOTION CARRIED. Ada County Transmittal 95-24-PDR White Horse Subdivision: The representative asked for this item to be tabled until Ada County Development addresses the problems with curb, gutter and sidewalk. Moved by YZAGUIRRE and seconded by EASON to table this issue indefinitely. ALL AYE: MOTION CARRIED. Property Cleanup: SUMMERS: Moved by MASNER and seconded by YZAGUIRRE to authorize the City Administrator, Barbara Montgomery, to have the property cleaned at city expense and bill the owner. The property owner is to receive a certified letter that if the property is not cleaned up within 10 days the city will have it cleaned up and bill them. ALL AYE: MOTION CARRIED. LARUE BEVINGTON: Moved by BASTIAN and seconded by MASNER to have the Attorney write him and grant him 10 working days to clean up property or the city will the clean up and bill him for the cost. ALL AYE: MOTION CARRIED. DESHAZO: no further action. Fee Schedule: Mayor GUERBER submitted a draft of a new fee schedule. Mike Vance, Chairman of the Landscaping/Design Review Committee, submitted a letter from the Committee asking the Council for consideration for a change in the fee schedule for the Design Review/Landscaping portion. They want to initiate an inspection of property for compliance with conditions placed by the Committee and approved by the Council by authorizing and paying a member of the Committee to be the Inspection Officer. In order to do that the fees will have to be adjusted to pay that person and still accommodate the administrative part as well. A fee schedule for the Landscaping/Design Review applications has been established by the Committee and outlines the fees by the project area in acres. Moved by BASTIAN and seconded by EASON to approve the fee schedule using the Design Review/Landscaping Committee's schedules as well as the schedule submitted by Mayor GUERBER. ALL AYE: MOTION CARRIED. ORDINANCES-RESOLUTIONS: Moved by BASTIAI~ and seconded by YZAGUIRRE to dispense with the three day ruling and to consider Ordinance 267, an Ordinance annexing and zoning Spyglass Subdivision, at this time. ALL AYE: MOTION CARRIED. Moved by BASTIAN and seconded by MASNER to adopt Ordinance 267 at this time. ALL AYE: MOTION CARRIED. CITY CLERK'S REPORT: The City Clerk informed the Council of the P&Z proposal for a joint meeting with Council to be scheduled for October 30 with pizza. Moved by BASTIAN and seconded by YZAGUIRRE to initiate a joint workshop meeting with P&Z at the Chicago Connection for Pizza and a workshop beginning at 6:00 p.m. on Oct. 30. ALL AYE: MOTION CARRIED. The City Clerk recommended a reconsideration of the approval of the minutes. Moved by YZAGUIRRE and seconded by BASTIAN to reconsider the motion approving the minutes as presented. ALL AYE: MOTION CARRIED. Moved by Yzaguirre and seconded by BASTIAN to correct the minutes with the correction that YZAGUIRRE's vote was a descending vote in the Hopkins Tree Farm public hearing. ALL AYE: MOTION CARRIED. ENGINEERS REPORT: 1. Tennis Court lights: will get prices for this fall or next spring and price difference. He will bring this back to Council. 2. He advised the Council of the Dept. of Water Resources report on a CFS program rewarding communities that have established good floodplain management procedures. The City of Eagle has been nominated to participate in this procedure. The result would be that Eagle citizens may receive from 5% to 45% reduction in floodplain insurance rates. The cost estimation for completing the form will be from $500 to $1,000 for the engineering firm. The staff will be able to assist in completing the application. Stan was asked to review the application, follow up with a call, and copy the letter regarding the program to the Council. 3. Kestrel: Brian Donaldson needs to respond to Stan's letter and wants Council direction. There is a note on the plat that speaks to the drainage on the lots. It is Stan's suggestion that the building inspector review this plat and that staff flag all the lots concerning this area. This may not satisfy the complaints to date as those lots are built out. Moved by EASON and seconded by MASNER to add to the City of Eagle Subdivision Conditions of Approval a condition regarding "drainage". ALL AYE: MOTION CARRIED. COMMITTEE REPORTS Library: Donna Abbott is the new Library President, and Liz Horn retired from the board. The Board will propose a replacement to the Mayor. There is increasing traffic in library, they are debating new hours. ACHD: Albertsons would like a road North of the project. They are working on an adjacent road plan. The Bench Valley comments were that traffic should be dispersed evenly rather than put onto certain roads. Sewer District: There are 300 permits available. In the meantime they will develop plans to go back to Ada County Commissioners. CLAIMS AGAINST T~E 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 R~,spect fully submit t e~%.~' ~. EAGLE CITY CLERK ~YOR STEVE GHSRB~R 10:15 p.m.