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Minutes - 1995 - City Council - 08/08/1995 - RegularEAGLE CITY COUNCIL MEETING August 8, 1995 Pre Council= ~ark Guho-Drainage Questions= submitted an application to ITD regarding curb, ~utter and sidewalk in behalf of Eagle Wing and they approved it. He then submitted an application for Bosanka which was rejected. ITD wants to enforce a storm water system or other methods of drainage. The City Engineer said that he doesn't think ITD ever received the engineering calculations needed to certify that the drain water will be taken care of at this location. Mr. Guho and the City Engineer will get together on the calculations needed. The Mayor asked that Mr. ~uho get back to Council if there is additional support needed. Mr. Guho also reported that the Cowman problem has been resolved since the ditch was cleaned out. The ditch problem was caused by the grading. The City Engineer determined that the ditch will have to be piped in the next phase. Paul Dlugosh/Trail Creek Homeowners Assoc. - Noise Abatement on SH55: Mr. Dlugosh is the President of the Echo Creek Homeowners Association. Discussion took place regarding the concern of the homeowners about the reali~nment of SH55 and the noise that will be encountered by the residents of the subdivision, especially phases i through 4. It was suggested that an ITD representative be present at the next regularly scheduled Council meeting to discuss the Guho project and noise abatement on the realig~nment of SH55. First Annual Tennis Tournement: The Council endorsed the idea of a tennis tournament. P&Z report= Presented by Mary Berent Com~ittee reports= ITD - corridor preservation, discussion of increase in gas tax to take care of slack in budget. Schools= Opening ceremonies= Middle school-Aug. 24 at 11:00 a.m., High School-Aug. 24 at 1=00 p.m. Eagle was re-certified as a Gem Com~u~ity. The Eagle City Council met in regular session on August 8, 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 July 25, 1995 meeting as presented. ALL AYE: MOTION CARRIED. Moved by MASNER and seconded by BASTIAN to add to the agenda an item G, in UNFINISHED BUSINESS, to discuss speed bumps on Aikens Rd, also to add item H, reconsideration of the Hopkins CUP. ALL AYE: MOTION CARRIED. UNFINISHED BUSINESS: Custom Masonry (Steve Hiatt) Development Agreement (continued): Moved by MASNER and seconded by EASON to continue this matter until the Council can review the amendments and the Hiatts can review the agreement. ALL AYE: MOTION CARRIED. The Agreements are available to the public to review. Computer Proposals (continued): BASTIAN addressed the proposals and bids from Computerland, RNet, Micronet and Silver Creek, and asked for consideration for his recommendation to accept the proposal from Computerland: Steve Allen addressed the Computerland proposal. Moved by BASTIAN and seconded by EASON to accept the bid for phase 1 from Computerland. ALL AYE: MOTION CARRIED. (and additional phases over 2 years as needed.) Arboretum - Proposed Drainage Ditch Contract (continued): Mr. Gass will revise w/o the liability clause. The cost for legal fees will be approximately $150.00 for the drafting of the document. This item will be placed on agenda when we receive the draft. Policy Statement: Moved by MASNER and seconded by EASON to remove the item from the agenda, there is no need for a statement. ALL AYE: MOTION CARRIED. Notice to Clean Premises: 1. LaRue Bevington: Mr. Bevington addressed the project and advised the Council the clean up is not complete (deadline July 31). Moved by EASON and seconded by BASTIAN to extend the amount of time for 30 days, but any further extension will require bonding for cleanup. ALL AYE: MOTION CARRIED. 2. Bass: The City Clerk informed Council that there is an option on this property. Moved by YZAGUIRRE and seconded by EASON to direct the City Clerk to find out when option lapses but to inform the owner that they need to get the weeds cut. The Clerk will report back at the next meeting. ALL AYE: MOTION CARRIED. 3. Kings Dept. Store: BASTIAN asked the City Attorney the penalty of not complying with the conditions of approval given to Kings on his property. Mona referred to Code Section 6-7-14, standard penalty for a misdemeanor and $300 fine per day. The attorney will need to go through the code and review the letter the City received from the president of the Eagle Glen Homeowners Association to identify violations. Included will be general maintenance, landscaping, and to give them 30 days to respond. Moved by BASTIAN and seconded by MASNER to authorize the City Attorney to notify Kings of violations of city ordinances by regular and certified mail, to advise him of the 30 days, from date of mailing, to comply or to show cause why he cannot. MOTION CARRIED. ALL AYE: 4. DeShazo property - (discussion): This property should be noticed also. Moved by MASNER and seconded by BASTIAN to give Mr. DeShazo notice to appear. If he does not appear, site him for violations. ALL AYE: MOTION CARRIED. Mona will address this matter and provide a 30 day response time. Findings of Fact and Conclusions of Law/Covey Glen Subdivision: Moved by EASON and seconded by MASNER to continue the matter until the City Attorney, Mr. Peters, and Mr. Peters' engineer can consult FEMA. ALL AYE: MOTION CARRIED. Aikens speed bumps: Leo Parks addressed the Council regarding correspondence with Gary Owen, from ACR-D. It is his conclusion that only one speed burap is needed and suggests the location of the speed bump be at the end of his sidewalk to the corner of Betty Fisher's property. Moved by MASNER and seconded by BASTIAN to provide Aikens St. with 2 speed bumps, one on the eastern portion of Aikens and one on west Aikens St. at the expense of the City of Eagle, to notify ACHD and confirm that ACHD will maintain, into perpetuity, the speed bumps. ALL AYE: MOTION CARRIED. Hopkins Nursery: Moved by MASNER and seconded by YZAGUIRRE to reconsider the previous motion to deny the Hopkins Nursery - CUP application. ALL AYE: MOTION CARRIED. Moved by ~3%SNER and seconded by EASON to reschedule for reopening the public hearing in 30 days. OLD BUSINESS: Trash Licensing discussion: the City would like to request a bid for a trash hauling contract and incorporate a fee with the contract, changing licensing procedures in the City for trash hauling. Moved by MASNER and seconded by YZAGUIRRE to continue the matter. Ordinances-Resolutions: Second reading only: Moved by YZAGUIRRE and seconded by EASON to waive the second reading of Ordinance 263 and to go to the third and final reading at the next council meeting. ALL AYE: MOTION CARRIED. NEW BUSINESS: Ada County Transmittals: 95-23-PDR/95-18-PR - C Bar F Estates: Located on the east side of Park Lane, at Floating Feather and Beacon Light Rd. This project consists of 7 acres, 3 lots (2 acres each) and a private road. The project was addressed by Charles Eddy. The density is 2 acre minimums and individual wells with drain fields. Park Lane will be improved to 30 ft. wide along the east side of the road and provide for a bike lane. They request a landscaping light not a street light. Moved by BASTIAN and seconded by YZAGUIRRE to approve the transmittal as presented with the following conditions: The conditions recommended by Eagle Planning and Zoning Commission as follows: a. street lights are included in the bonding b. standard conditions plan and appropriate ALL AYE: MOTION CARRIED. MAYOR'S REPORT: YMCA contract will be coming from Mayor Cole establishing resident rates for people of Eagle. The figures requested on interest rates for one payment vs. up to a 5 year payment schedule provided that one lump sum will save money. ENGINEER'S REPORT: Streamside - Letter from FEMA (update city flood plain maps for LOMA and LOMAR that revisions have been made) Core sample for Eagle Glen Subdivision will cost about $150. Stan will contact the homeowners. ATTORNEY'S REPORT: Topics: Joint Prosecution/Enforcement Services Agreement (continued): was approved last the last meeting; D and B Suit - was brought to the Council's attention. This suit incorporates the 5 Ada County Cities and ACHD regarding impact fees; Brighton - request for time was requested, 56 days - double the time usually allowed. This is not acceptable, the Attorney will oppose and ask the court to allow no more time or at least not more than one week; Boise River Ord.- will have the Boise River Ord. for council review on the next agenda. Executive session: Moved by MASNER and seconded by YZAGUIRRE to go into executive session: personnel and acquisition of property. 9:50 p.m. ALL AYE: MOTION CARRIED. The Council reconvened at 10:20 p.m. CLAIMS AGAINST THE CITY: Moved by BASTIAN and seconded by YZAGUIRRE to approve the claims as pr~ted. ALL AYE: MOTION CARRIED. There being no further .~ ~.~eeting adjourned at 10:22 p.m. Respectfully ~ubmztt~l: - s EAGLE CITY CLERK ~ STEVE GUERBER