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Minutes - 1995 - City Council - 04/11/1995 - RegularEAGLE CITY COUNCIL MEETING April 11, 1995 Pre Council report was given by ~ary Berent. Lowell Vance and VelmaVance, addressed the Council regarding their efforts to curtail the Purple Loosestrife Weed that infests the Eagle Island Park and asked for City support to get the community involved. Kathy Shiflet, United Water System representative approached the Council about a franchise agreement with the city. United Water System has applied to the PUC for a certificate to operate a water system in and around Eagle. This application establishes a service territory. They will be able to serve Lexington and Trail Creek. Filing of any water rights will come to the City Council prior to any action by United Water. Discussion took place about water from United Water System only being used in Eagle. It was noted that wording would have to be such as not to restrict United from serving outside the city. Ms. Shiflet asked for a letter from the City advising DEQ that no CUP is required for property lease in connection with the Crandlemire well. Mona discussed the issue with Council and will write a letter for Council review addressing the zoning issue for well sites. The Eagle City Council met in regular session on April 11, 1995. Mayor GUERBER presiding. The following members were present: STAN BASTIAN, MORGAN MASNER. RICK YZAGUIRRE, THOMASEASON, Moved by EASON and seconded by MASNER to approve the minutes of the March 28, 1995 meeting as presented. ALL AYE: MOTION CARRIED. PUBLIC HEARING/Grossman Subdivision Mayor GUERBER announced that this was the time and place set for a public hearing on Grossman Subdivision a combined preliminary/final plat for a 3 lot subdivision. Applicant: Location: Proposal: Cliff Grossman on E. State St. next to Bob's Trolley 3 lot corm~ercial subdivision Public Testimony: Mary Gray - sidewalks on Edgewood David Bailey, Pinnacle Engineers, outlined the project to the Council. The access to 2 frontage lots will be a dual access off State St. noted on the plat. John Cosner addressed the landscaping portion of the plan. Public hearing closed at 8:05 p.m. Moved by BASTIAN and seconded by EASON to approve the preliminary/ final plat with the following conditions: o 4. 5. 6. Eagle Standard Subdivision Conditions of Approval Bonding required for curb, 9utter and sidewalk, street trees and lights on State St. side The additional 8 ft. right of way as shown on the plat Bonding for curb, gutter and sidewalk on Edgewood Ln Lighting will not interfere with the neighbors To require Eagle Water Co. receive a water franchise for this area ALL AYE: MOTION CARRIED. OLD BUSINESS: Ashland Acres Extension of time: Moved by EASON and seconded by MASNER to grant a one year extension of time to Ashland Acres Subdivision. ALL AYE: MOTION CARRIED. Arboretum Paving Discussion: Phil Hull and Dave Koga were present to represent the Eagle City Landscaping/Design Review Committee. The discussion was regarding the bids for the paving in the center of the arboretum and the sidewalks. The Committee endorses pavers in the center rather than stamped concrete. Moved by MASNER and seconded by EASON to accept the Eagle Landscape bid for pavers in the center court in the amount of $4,975, for the bid for the concrete walks in the amount of $4,011, and the bridge in the amount of $1,500, with the understanding that if Pat Towne is contacted regarding the bid for concrete, and does not want to subcontract, Eagle Landscaping will complete the cement work along with the bid for the bridge and pavers. ALL AYE: MOTION CARRIED. NEW BUSINESS: Van Engelen Estates #1 - Final Plat approval: Moved by YZAGUIRRE and seconded by EASON to approve the plat as presented. ALL AYE: MOTION CARRIED. Findings of Fact and Conclusions of Law/ChaumontAnnexation, Zoning and Subdivision Preliminary Plat. Moved by EASON and seconded by MASNER to approve the Chaumont findings as presented. ALL AYE: M~TION CARRIED. Findings and Fact and Conclusions of Law/Elliott - CUP: Moved by BASTIAN and seconded by MASNER to approve the findings and conclusions as presented. ALL AYE: MOTION CARRIED. UNFINISHED BUSINESS: Impact Area Boundaries Zoning Amendment (continued): Boise's attorney asked for additional time to talk to Mona. They will counter-offer with an agreement patterned after Garden City. ORDINANCES #258 - Annexation/Zoning-Chaumont Subdivision: Moved by BASTIAN and seconded by EASON to dispense with the three day ruling and to consider Ordinance 258 at this time. ALL AYE: MOTION CARRIED. Moved by BASTIAN and seconded by EASON to adopt Ordinance 258 annexing certain real property situated in the unincorporated area of Ada County, Idaho, and contiguous to the corporate limits of the City of Eagle, to the City of Eagle, Idaho; established the zoning classification of said real property; directing that copies of this Ordinance be filed as provided by law. ALL AYE: MOTION CARRIED. MAYOR'S REPORT: The Hopkins Nursery complaint: A nursery has been established within Lexington Hills Subdivision. The City Clerk is receiving complaints about a business within this subdivision. The building inspector, Daunt Whitman, went to the site and found a building being used as an office for the business. Moved by MASNER and seconded by YZAGUIRRE to put the business on notice to discontinue immediately and to apply for a CUP through the City. ALL AYE: MOTION CARRIED. The City Clerk was asked to notify the owners of the business. COMMITTEE REPORTS: Sewer report: A public hearing was held regarding servicing the LDS Seminary. The Design Review Code amendment draft is being reviewed and should be ready for public hearing shortly. The Urban Renewal Agency Task Force will hold a town meeting on April 13 and intend to make a decision Friday, April 14. Transportation Task follows: 1. Proceed with the Force reconmaendation for the 2015 Plan is as study of Hill Rd. from Stierman to Harrison Blvd. 2. Maintain the current schedules for completion of Eagle Road corridor including Eagle Road by-pass in 1995-97 and Highway 55 N. of State St. in 1996 and 97. 3. Improvements to the intersection at State St. and Park St. by adding signals 4. Widen Eagle Rd. and add bike lanes between State St. and the Eagle by-pass 5. Support the overlaying of State St. from Eagle Rd. to Ballantyne in 1995, including re-stripping for turn lanes 6. Defer the improvements on Ballantyne from State St. to Floating Feather 7. Evaluate the needs for traffic signals at Linden and Chinden Blvd. and Linder and State St so that they can be developed in a timely manner 8. Identify improvements in the long range plan to eventually make Beacon Light Rd. a 5 lane Road from SH16 to SH55. In addition, the Transportation Task Force recognized the possibility that the proposed widening of Eagle Rd. between the Eagle by-pass south to Chinden Blvd would be shifted due to lack of funding. (This should be a high priority) After discussion the Council authorized EASON to write a letter to APA prioritizing the 2015 recommendations as submitted with the following changes: 1. Number 1, the Hill Rd. study should be top priority. 2. Number 8, take the Beacon Light Rd to 5 lanes off the list and prioritize Eagle Rd. improvement at the bypass. Parks: A Council commendation was given to Carol West for her involvement with the parks, the purchase and installation of new park playground equipment. Lights/Tennis Ct: Staff has been attempting to get bids for lights. We have one bid but have not been able to get others. Eagle Quest: Jim Boyd spoke regarding commercial projects. They will do an inventory list for commercial sites for City Halll Seniors: The seniors lost their bid for a grant. Library: They have building. They have received bids for carpet and removal of books. determined they need 12,000 sq. ft. for a new library Engineer: Stan McHutchinson advised Council that Kestral Cove plat speaks about a 10 ft. drainage easement which is to be maintained. Sherri Sharp has complained about this not being done. He indicated that the building inspector should make sure grading is inspected prior to occupancy permit being issued. The Council instructed the correction be accomplished with the $500 bond issued by Kestral Cove and create the "swaile" necessary to eliminate the problem. The building inspector needs to monitor the grading in the building process. The Beacon Light home/floodplain issue was discussed. The City Engineer will check on the cost for excavation of soil and have it moved out of the floodway. FEMA wants assurances but he doesn't have any way to do that. He will bring the costs back to the City. The Mayor will talk to the building inspector regarding those costs and the responsibility of payment. ATTORNEY'S REPORT: Wintry River: The proposal is now that they would like to meet with the City and Developer for a settlement issue. They want the City to purchase some of the land they do not want developed. Mona Mack, City Attorney, will take the message back that the City is not interested in acquiring land. Comprehensive Plan: The amendments to the plan will go back to P&Z. Mona indicated that at her request the portion speaking to low cost manufactured homes be removed from consideration at this time as earlier indicated by Council. Brighton Corp: The City Attorney needs authorization to pursue the matter. Moved by MASNER and seconded by EASON to vigorously pursue this matter. The estimated cost of this action is approximately $3,500 to $5,000 for the brief, which is not recoverable. AYE: YZAGUIRRE, EASON, MASNER. NAY: BASTIAN. MOTION CARRIED. YZAGUIRRE added his vote is with hesitation. Cowman ditch problem: Mona is filing for specific enforcement, a preliminary junction for injunctive relief. EASON added to his report a report on disposal companies. He asked that the City ask the County to assist us in preparing a bid proposal to submit to the two disposal companies in order to decide which one should have a franchise. Moved by MASNER and seconded by EASON to initiate a franchise with one of the companies. ALL AYE: MOTION CARRIED. Mona asked the City Clerk to grant automatically extensions of licenses for a 3 month period in order to allow consideration of contracts. Moved by EASON and seconded by BASTIAN to write a letter granting an extension. ALL AYE: MOTION CARRIED. CLAIMS AGAINST THE CITY: Moved by YZAGUIRRE and seconded by BASTIAN to approve the claims as presented. ALL AYE: MOTION CARRIED. There being no further busines~he~eting adjourned at 10:10 p.m. Respectful~y submitted: ~ ~ ~ MAYOR STEVE GUERBER