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Minutes - 1995 - City Council - 07/25/1995 - Regular EAGLE CITY COUNCIL MEETING July 25, 1995 Pre Council - Budget Workshop The Eagle City Council met in regular session on July 25, 1995. Mayor GUERBER presiding. The following members were present: STAN BASTIAN, MORGAN MASNER. RICK YZAGUIRRE, THOMAS EASON, Moved by YZAGUIRRE and seconded by BASTIAN to approve the minutes of the July 11, 1995 meeting as presented. ALL AYE: MOTION CARRIED. Moved by YZAGUIRRE and seconded by MASNER to add to the agenda item 6F, the discussion of Grossman Subdivision Water Franchise condition imposed by Council. UNFINISHED BUSINESS: Findings of Fact and Conclusions of Law/HOPKINS EVERGREENS - CUP: Moved by YZAGUIRRE and seconded by EATON to approve the findings and conclusions as presented. ALL AYE: MOTION CARRIED. Findings of Fact and Conclusions of Law/Covey Glen- Floodplain, Preliminary Plat and Rezone: Moved by MASNER and seconded by BASTIAN to leave the findings as is and accepted them, and do not entertain reconsideration of a motion on conditions imposed on this subdivision. MOTION WITHDRAWN. Moved by BASTIAN and seconded by MASNER to continue this item, the findings on Covey Glen Subdivision, until the next meeting in order to give the City Attorney time to prepare a legal opinion regarding building in the floodway. ALL AYE: MOTION CARRIED. Findings of Fact and Conclusions of Law/1995 Eagle Comprehensive Plan Amendments: Moved by YZAGUIRRE and seconded by BASTIAN to approve the findings and conclusions as presented. ALL AYE: MOTION CARRIED. Custom Masonry- Hiatt- Development Agreement: (continued) Moved by BASTIAN and seconded by EASON to continue the Development Agreement, Arboretum Proposed Drainage Ditch Contract and the Policy Statement until the next Council meeting. ALL AYE: MOTION CARRIED. Van Engelen Estates #1 - Fence issue: Discussion took place between the Council, Evan Roberts, the Attorney for the developer, Dave Wilson, the developer, Ron Scott, the project engineer, and adjacent property owners, Rick Kunkler, Lynn Sedlacek, Greg Holmes, Tom Barrio and Virgil Hicks regarding the fence issue. Ron Scott, project engineer, spoke on the irrigation issue. The property owners thought they were getting a wood fence all around the property. The agreement between the Kunklers and the developers is a 6 ft. chain link fence on the east and west sidel The north side is not mentioned. The City Clerk pointed out that representation was made by the project engineer that there would be fencing around the east, west and north side according to the minutes of April 25, 1995. The City Attorney advised the Council that they cannot change the conditions of approval at this time, but can require when representation is made, effectively the developer needs to honor those representations. The ditch, and irrigation concerns were introduced to the Council by Rick Kunkler. Rick Kunkler talked about the barricade on the Kunkler property. This barricade was to be temporary, it is still there. The irrigation does not work properly, 2 headgates do not work, where the original ones were fine, the replacements do not work. The grout is falling off inside the manholes. The pressured irrigation controls are across the fence from the subdivision with no gates. How are they going to get to the controls? There is one manhole with a lid off, the pressure there is very powerful. They lost a shovel in it already, what is the liability if a child drowns? Evan Roberts asked for an itemized statement of the problems from the City staff. The City Engineer agreed to putting together a list of irrigation problems after he has talked to Rick Kunkler. Moved by MASNER and seconded by BASTIAN to include a fence on the north side as represented in the minutes. ALL AYE: MOTION CARRIED. Moved by MASNER and seconded by YZAGUIRRE to require a cedar fence. ALL AYE: MOTION CARRIED. Moved by MASNER and seconded by YZAGUIRRE to direct the City Engineer to investigate the issues raised tonight with the irrigation system and suggest that conditions of final plat have not be satisfied and take the steps necessary including holding the signatures on the final plat to insure all conditions are satisfied or, the Council ask the city engineer report back to the Council what the issues are that have not be satisfied and require bonding in the amount of $15,000., if that is appropriate, and authorize the signing of the plat with bonding posted. Then identify the matters, see if they are satisfied and if not, call the bond. The conditions should be satisfied within a month, beginning today. ALL AYE: MOTION CARRIED. The developer stipulated that the fence will be 6 ft. high. Notice to Clean Premises: Summers (Continued): a letter was presented from the Summers family Attorney, John Gannon, and read by the City Attorney. Mr. Gannon asked for an additional 30 days. The City Council agreed to a 30 day continuance. The Bruce Parking Lot: (Continued): The City Engineer outlined the cost for the Council. The total cost would be $20,000 which provides for 20 vehicle parking spaces, the demolition necessary, as well as landscaping, etc. The pavement portion is $8,000. It is the recommendation of the Council to abandon the park±ng lot concept as it is cost prohibited. The City Clerk was asked to notify Jim Bruce. NEW BUSINESS: Lot Split - Bill Cohen: Moved by YZAGUIRRE and seconded by BASTIAN to approve the lot split. ALL AYE: MOTION CARRIED. Design Review - LaRue Bevington: Moved by BASTIAN and seconded by EASON to deny the application in order to have the landscaping defined, to satisfy the 4 conditions outlined by the Committee and take the plan back to the Design Review/Landscaping Committee for their approval prior to addressing Council. ALL AYE: MOTION CARRIED. Computerland Proposal: Moved by BASTIAN and seconded by EASON to continue the computer issue in order to give the Council time to sort out the proposals. ALL AYE: MOTION CARRIED. Joint Prosecution/Enforcement Services Agreement: The City Attorney reviewed the agreement and determined that this agreement was the first draft that the City received last year and would not approve. The City wanted additional language which has been omitted in this draft. The language omitted must be put back in the document prior to acceptance. Moved by BASTIAN and seconded by EASON to authorize the Mayor to approve the same agreement as previously authorized by Council. ALL AYE: MOTION CARRIED. Since this draft is not the one the city entered into with the Sheriff's Office, Mona will review the draft of the agreement and notify the Ada County Sheriff's Office of the necessary language omitted in order for them to revise and send us the correct draft. Kings Dept. Store Complex Order to Clean Premises: After discussion a motion was made by BASTIAN and seconded by EASON to submit a specific list of violations to the Council at the next meeting, including the conditions and code. ALL AYE: MOTION CARRIED. Grossman Subdivision: Mr. Grossman asked the Council to waive the 6th condition placed on the approval of the plat. He would like to have his 3 lot subdivision recorded. He cannot meet one of the requirements of council, the franchise with Eagle Water Co. Moved by MASNER and seconded by YZAGUIRRE to waive the condition. ALL AYE: MOTION CARRIED. The Council directed Mona to send a letter to Mr. DeShazo and his attorney outlining the process for a franchise. ORDINANCES-RESOLUTIONS- Ordinance #263: Moved by BASTIAN and seconded by MASNER to schedule the second reading of Ordinance #263 at the next Council meeting. ALL AYE: M~TION CARRIED. MAYOR'S REPORT: Boise Aquatic Center at the new YMCA: The proposal is to help build it and provide $88,000 toward Eagle residents use without additional fees for out of city use. The Mayor wants to make one payment rather than payments over a 5 year period. By paying it now it would save about $12,000. He would like authorization to take the expenditure from the Parks portion of the budget. The Council wants to know how much interest will be paid by the State Treasurer Pool in 5 years, based on today's interest rate. The City Attorney advised the Council that a written commitment for a payment of this size will be necessary. A contract needs to be negotiated. Boise needs to draft the contract. ATTORNEY'S REPORT: Mona Mack, City Attorney, requested the City Attorney Contract be reviewed at the next pre-council agenda. Wintry River: will let the developers attorney take the lead. Brighton: The brief is completed. Design Review Ordinance: Mona has been asked to meet with the Design Review/Landscaping Committee regarding the Design Review update. The Council would need to authorize her to attend the meeting. The Council thought she should attend. The updated ordinance would have to go through legal review anyway. C05~4ITTEE REPORTS: Sewer: MANNER reported on Ada County's denial of the Sewer expansion. ENGINEER: Kestral Cove: A letter was received from JUB regarding the swale to be constructed at Kestral Cove. The letter indicated the swale is not sufficient. The Council asked the City Clerk to write Bill Narver and advise him to bring this into compliance. If he does not it is a matter for civil action. MASNER asked to be copied on this letter. Cowman Ditch: Everything is in (the ditch) and the problem is on the Eagle Wing property. The undeveloped portion of the property has a dip and the water rises to high. The banks will need to be built up as it causes floods. The Engineer will call the developer. Executive Session: Acquisition of Property - Moved by BASTIAN and seconded by EASON to go into executive session. ALL AYE: MOTION CARRIED. The regular session adjourned to go into executive session at 11:00 p.m. The regular Council meeting reconvened at 11:15 p.m. CLAIMS AGAINST THE CITY: Moved by BASTIAN and seconded by MASNER to approve the claims as presented. ALL AYE: MOTION CARRIED. There being no further business the meeting adjourned at 11:15 p.m. A~ved: Mayor Steve Guerber