Minutes - 1995 - City Council - 08/22/1995 - RegularEAGLE CITY COUNCIL MEETING
August 22, 1995
Pre Council: Attorney presentation: Mona Mack reviewed the legal
portion of the budget and addressed the legal involvement.
Mark Guho, ITD, ACHD: Curbs, Gutter and Sidewalk on State St. was
discussed. Mr. Guho will get together with the City Engineer and
an ITD representative to review the drainage plans in question for
Bosanka Subdivision.
Noise Abatement Hwy 55 realignment: Jeff Miles, Dennis Clark, Bob
Elvin were present to respond to questions regarding noise
mitigation regarding Trail Creek: The grade has been lowered which
should buffer the effect of noise. The plans have been reviewed
and accepted as is.
There was a discussion on the State owned land south of the
proposed bypass. The City Attorney was directed to return to
Council with some direction as to whether the State Transportation
needs a rezone, CUP or whatever else is needed in order to permit
the use needed on the property.
The Eagle City Council met in regular session on August 22, 1995.
Mayor GUERBER presiding.
The following members were present:
STAN BASTIAN, MORGAN MASNER.
RICK YZAGUIRRE, THOMAS EASON,
Moved by YZAGUIRRE and seconded by MASNER to approve the minutes of
the August 8, 1995 meeting as presented. ALL AYE: MOTION
CARRIED.
PUBLIC HEARING/1995-96 Appropriation Budget
Mayor GUERBER announced that this was the time and place set for a
public hearing on the annual appropriation Budget FY95-96.
Mayor GUERBER outlined the budget for the audience.
Public Testimony:
Chuck Bower, George Emerson, Glida Bothwell, Liz Horn and A1
Courtial
Concerns of the public:
Discussion included tax increases, insurance, zero base budgeting,
new city hall and park sites, (all of which should be integrated in
the comprehensive plan under city services), citing the need and
obligation of items such as sheriff services. The suggestion that
parks should be the developers responsibility. Objection to an
auto licensing office in Eagle. Sheriff: questions regarding
holding facilities/jail facilities in Eagle. Discussion regarding
the future of the library. Eagle Library Board: submitted a 20
year plan to state board.
Public hearing closed at 8:50 p.m.
Council discussion amended sections of the budget as follows:
LINE ITEM
PROPOSED
BUDGET AMENDMENT
REVENUES
General Fund:
Usage Fee/Municipal Water $
150,000 Moved from General
Fund to Water Fund
Annex/Zoning/Subdivisn. Fee
$ 25,000 Increased to $ 60,000
B.U.S. Grant
$ 18,000 Removed from budget
Water Fund:
Usage Fee/Municipal Water N/A
EXPENDITURES
Moved $ 150,000 from
General Fund to Water
Fund
General Fund:
Contract/Other $
5,000 Increased to $ 35,000
Contract/Legal
$ 90,000 Decreased to $ 60,000
Contract/B.U.S.
36,000 Decreased to $ 18,000
and changed name to
"Mass Transit"
Park Land Acquisition
$ 310,805 Decreased to S 160,805
water Fund:
Capital/Construction
0 Increased to $ 150,000
Moved by YZAGUIRRE
appropriation revenues and expenditures
ALL AYE: MOTION CARRIED.
UNFINISHED BUSINESS:
Summers: Notice to Clean Premises (continued): John
attorney for the Summers estate spoke regarding the project.
Council granted an additional 30 day extension to clean
and seconded by BASTII~N to approve the annual
as amended by Council.
Gannon,
The
the
premises. If the property clean up is not complete, a $500 bond on
the property will be necessary. The Summers representative will
appear at the Council meeting.
Finding of Fact and Conclusion of Law/Covey Glen (continued):
Moved by BASTIAN and seconded by MASNER to adopt the findings
presented. ALL AYE: MOTION CARRIED.
as
Custom Masonry - Development Agreement (continued):
presented a draft of an addendum dated 8/8/95 and
8/21/95. The draft dated 8/8 does not address
operation or dust but the draft dated 8/21 does.
the attorney
a draft dated
the hours of
Moved by M_ASNER and seconded by BASTIAN to reconsider the previous
motion regarding the addendum to the Development Agreement. AYE:
NLASNER, BASTIY~N. NAY: YZAGUIRRE, EASON. MAYOR GUERBER: AYE:
MOTION CARRIED.
Moved by MASNER and seconded by BASTI~N to adopt the original draft
of the addendum dated 8/8 and the draft dated 8/21. AYE: MASNER,
BASTIA/q. NAY: YZAGUIRRE, EASON. MAYOR GUERBER: AYE: MOTION
CARRIED.
Copies will be made available to involved neighbors.
NEW BUSINESS:
Evans Building Center - Design Review/Landscaping: Moved by MASNER
and seconded by BASTIA/q to approve the application as presented.
ALL AYE: MOTION CARRIED.
Mark Guho-Appeal to Council: The Zoning Administrator, Barbara
Montgomery addressed the Guho project as a CUP defining it as a
shopping center. This project is a 3 building project on one site.
One of the buildings is a 2 story building. The probable use is
retail and office. There are 119 parking spaces in the complex:.
The developer, Mark Guho, appealed this decision to Council.
Discussion took place regarding definitions of "shopping center"
and "shopping mall". Moved by MASNER and seconded by YZAGUIRRE to
declare that this project is an allowable use under city codes and
therefore does not need a CUP. ALL AYE: MOTION CARRIED.
Moved by EASON and seconded by MASNER to correct the ordinance so
that we have both a definition of a center and mall using Meridian
Codes. ALL AYE: MOTION CARRIED.
The City Attorney will develop the ordinance for Council review.
ITD - Request for Parking Restrictions for Eagle Rd. Moved by
M~SNER and seconded by YZAGUIRRE to schedule this matter on the
next Council meeting and to invite Capt. Brownlee. ALL AYE:
MOTION CARRIED.
OLD BUSINESS:
Dennis Baker/City of Boise Property Discussion: Mr. Baker reviewed
with Council his project, formerly Fall Creek Subdivision, and
introduced a new proposal to exchange land in the impact area, 47
acres Baker land for 47 acres Boise land, and to take the Boise
portion out of the Eagle Impact Area. The remaining 35 acres would
become part of a new plan. The Council asked Baker to go back to
Mayor Coles and suggest Mayor Coles take the proposal to the Boise
Council for consideration.
ORDINANCES-RESOLUTIONS: ORDINANCE 263 - COVEY GLEN:
Third reading: Moved by YZAGUIRRE and seconded by BASTIAN to adopt
Ordinance 263, a rezone from A to AR. ALL AYE: MOTION CARRIED.
ORDINANCE 264 - Adoption of FY 1995-96 Appropriation Ordinance :
Moved by YZAGUIRRE and seconded by BASTIAN to
three day ruling and to consider Ordinance 264
AYE: MOTION CARRIED.
dispense with the
at this time. ALL
Moved by YZAGUIRRE and seconded by BASTIAN to adopt Ordinance 264,
the 1995-96 Appropriation Ordinance as amended. ALL AYE: MOTION
CARRIED.
ORDINANCE 265 - Amending Title 7-2-14 to include Political &
Campaign Signs exempt from Signage Regulations:
Moved by BASTIAN and seconded by EASON to dispense with the three
day ruling and to consider Ordinance 265 at this time. ALL AYE:
MOTION CARRIED.
Moved by BASTIAN and seconded by MASNER to adopt Ordinance Amending
Title 7-2-14 to include Political & Campaign Signs e~empt from
Signage Regulations. ALL AYE: MOTION CARRIED.
RESOLUTION 4-95 Proclaiming the 1995 General Election:
Moved by YZAGUIRRE and seconded by MASNER to adopt the resolution
as presented. ALL AYE: MOTION CARRIED.
APPOINTMENTS: Mayor GUERBER presented the reappointment of Don
Brinton to the Eagle Planning and Zoning Commission for Council
consideration. Moved by MASNER and seconded by EASON that approval
be given to the appointment of Don Brinton as recommended. ALL
AYE: MOTION CARRIED.
MAYOR'S REPORT: Agreement with Boise regarding the YMCA/aquatic
center: The fees structure for resident fees instead of a non-
resident fees is as follows: 12-18 years of age, $12.00 vs. $18.00,
adult $30.00 rather than $45.00, and $60.00 for a family vs.
$90.00. Swimming lessons for children would be $18.00, down from
$27.00, others would go from $37.00 to $25.00. Youth fees would
ordinarily be $3.50 an hour down to $2.00 from $3.00 an hour. It
is approximately a 1/3 savings. Mayor GUERBER should have the
paperwork within the next few days.
COMI~ITTEE REPORTS: Sewer: still trying to get approval for sewer
beds from Ada County. There are 450 to 500 hookups still available
in Eagle. There will be a 2 year supply, if all goes well. The
County will not reconsider this issue for one year.
Transportation dates - Eagle Rd. from State St. north and Floating
Feather from Eagle Rd. to past the Middle School will begin
construction this winter. Eagle Rd. has been separated from the
Floating Feather Rd. project and has been delayed because of lack
of funding. The Eagle Rd. program is off the 5 year plan and on
the program for FY98.
CITY CLERK'S REPORT: Bass/WEEDS: Moved by EASON and seconded by
MASNER to notify the Bass family that the entire property be
cleaned up by September 15 or the City will issue a citation. ALL
AYE: MOTION CARRIED.
Mayor GUERBER asked the City Clerk to find out what is happening on
the tennis court lights.
Engineer report: Eagle Glen Rd: Moved by M_ASNER and seconded by
BASTIAN to authorize the City Attorney to write Kings Inc., to
notify him that by the conditions of approval on the Kings
Department Store project he is required to bring Eagle Glen Lane up
to ACHD standards. ALL AYE: MOTION CARRIED.
Kestrel Cove Subdivision: Brian Donaldson and Bill Narver need to
get the work done. The Council asked that this matter be included
on the next agenda.
ATTORNEY'S REPORT: United Water suggests filing an intervention.
John McFadden, acting City Attorney, suggested that at the pre-
hearing conference an attorney should be in attendance. Moved by
MASNER and seconded by EASON to authorize the attorney to be in
attendance on both cases, the pre-hearing and intervention hearing.
ALL AYE: MOTION CARRIED.
Moved by BASTIAN and seconded by EASON to transfer $3000 from
Capital Expenditures/Other to Capital E~<penditures/City Hall
Equipment. ALL AYE: MOTION CARRIED.
CLJ~IMS AGAINST THE CITY: Moved by BASTIAN and seconded by EASON to
approve the claims as presented. ALL AYE: MOTION CARRIED.
There being no further business the meeting adjourned at 11:30 p.m.
Re.~pect fully submitted:
EAGLE CITY CLERK
APPROVED:
~Y~ STEVE GUERBER