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Minutes - 1995 - City Council - 04/25/1995 - RegularEAGLE CITY COUNCIL MEETING April 25, 1995 Pre Council~ The Sheriff's report was given by Lt. Dale Woodcook. )~ary Berent reported on the Planning and Zoning activities. Gary Funkhauser~ Gave a presentation on the Treasure Valley Alternative Transportation Analysis. Leo Parks complaint= Aikens St and Eagle Rd/State St. M~. Parks requested speed bum~s be put on Aikens St. due to the traffic problem coming from Eagle Rd. through Aikens to State St. in order to avoid the light, as well as through the alley at the grocery store. The Council asked him to get a petition of 75% of the people requesting the speed b,,~ and the City will write Ada County Highway District and advise them the City will pay $575.00 for a speed bum~. The City will endeavor to get ACHD to pay for the costs. The City Clerk was asked to call the Ada County Sheriff's Office and ask for patrol of the street. The Eagle City Council met in regular session on April 25, 1995. Mayor GUERBER presiding. The following members were present: STAN BASTIAN, MORGAN MASNER. RICK YZAGUIRRE, THOMAS EASON, Moved by YZAGUIRRE and seconded by EASON to approve the minutes of the April 11, 1995 meeting as presented. ALL AYE: MOTION CARRIED. Moved by YZAGUIRRE and seconded by EASON to consider the URBAN RENEWAL TASK FORCE issue at this time, and to add to the agenda an item 11, an executive session to discuss legal issues and land acquisition. ALL AYE: MOTION CARRIED. URBAN RENEWAL TASK FORCE report was given by Joe Schreiber. The task force concluded their meetings earlier tonight. Mr. Schreiber proposed continuing the task force in order to determine what the next step will be. Moved by MASNER and seconded by YZAGUIRRE to authorize the Mayor to draw up a mission statement for Council consideration. ALL AYE: MOTION CARRIED. /4r. Farnworth: Feels that this issue should be a total plan rather than just one area. PUBLIC HEARING/Streamside Subdivision and Floodplain. Rezone, Preliminary Plat Mayor GUERBER announced that this was the time and place set for a public hearing on Streamside Subdivision an application for a rezone and preliminary plat. This subdivision includes property in the floodplain Applicant: William Selvage TYPE OF APPLICATION: Preliminary Subdivision Plat and a rezone, includes areas in the Floodplain LOCATION: South side of the South Channel, on the West side of Eagle Road. PROPOSED LAND USE AND ZONING: R-2, a proposed subdivision of 51.948 acres and 58 single family lots for a density of 1.1 dwellings per acre. Portions of this proposal are in the flood- plain and the floodway. Bill Selvage gave testimony as representative of the project. Mr. Selvage called Council's attention to the aerial of the area. This project is 1/4 mile west of Eagle Rd. This development includes 52 acres and a sensitive area. This project is accessed by Banbury Meadows with an emergency access to Eagle Rd., a restricted access. The density is 1 unit per acre, total open space 32 1/2 acres (42%), 5.2 acres is held in common. Dave Powell, Toothman Ortman Eng, project engineer addressed the floodplain/floodway. They will go through FEMA to remove the area from both floodplain and floodway. Public Testimony: In favor: Jim Wroten- South Channel Is.-in favor Written testimony: none Discussion took place regarding a requirement to have a building envelope included on the final plat in order to restrict development (barns, dog runs etc) in the floodway. Moved by MASNER and seconded by EASON to continue the public hearing, to keep the hearing open, and to address this issue again at the next Council meeting. Hopefully the information needed will be received from FEMA by that time. ALL AYE: MOTION CARRIED. UNFINISHED BUSINESS: Findings of Fact and Conclusions of Law/Grossman Subdivision Preliminary and Final Plat: Moved by YZAGUIRRE and seconded by BASTIAN to approve the findings subject to the condition that there be established a franchise with Eagle Water Co. be included in the findings. ALL AYE: MOTION CARRIED. (Clarification: the franchise issue is included in the findings) Impact Area Boundaries Rezone (continued): Dennis Baker asked for a time table, a limitation of time, given to Boise in order to expedite this matter. He asked for a 30 day commitment. Moved by MASNER and seconded by BASTIAN to accept Mr. Baker's notice in writing, that 30 days from now he will withdraw his proposal and preliminary plat for Fall Creek and the City of Eagle will write Boise regarding this notice. Motion withdrawn. Moved by MASNER and seconded by BASTIAN that after receiving Fir. Baker's notification of intent to notify Boise so they may be aware of the consequences, to act as conduit for Mr. Baker's message. ALL AYE: MOTION CARRIED. NEW BUSINESS: Ada County Transmittal: 5 lots 5.8 units per Private Rd.) 95-06-PDR/95-05/PR - Stetson Estates: acre. (Planned Development Residential/ Moved by YZAGUIRRE and seconded by BASTIAN to approve the Ada County Transmittal with standard conditions, Eagle P&Z requirements and item 3 will include construction of a 5 ft. easement overlay, of gravel. ALL AYE: MOTION CARRIED. Proclamations: Moved by BASTIAN and seconded by YZAGUIRRE to adopt the Municipal Clerks Week, Motorcycle Awareness Month and Law Day Proclamations as presented. ALL AYE: MOTION CARRIED. BIDS: COPY MACHINE - PAPER DECK: Moved by MASNER and second by BASTIAN to accept the bid for a 1,000 sheet capacity, as presented. ALL AYE: MOTION CARRIED. AGENDA POLICY DISCUSSION - Morgan Masner- Policy issue: Cut off date for all agendas, Tuesday, 5:00 p.m., the week prior to the Council meetings. Emergency situations may be put on the agenda only with unanimous Council consent at the beginning of the meeting. This policy is for additional items, not documents received late pertaining to a scheduled public hearing. Moved by MASNER and seconded by YZAGUIRRE to adopt the policy. ALL AYE: MOTION CARRIED. NEW BUSINESS: ENGINEER'S REPORT: VAN ENGELEN ESTATES A complaint lodged by Greg Holmes, 1553 Hereford Dr., regarding his fence being taken down and concrete irrigation box installed in the ditch on his property was discussed. Since the installation he has been flooded. Mr. Holmes told Council that this should have been left an open ditch. There is now concrete tile there which doesn't work, it always worked before. There is also open access to this property now without the fence there. Mr. Holmes asked for help from the Council. MTV Engineer representative, Ron Scott, spoke for the developer of Van Engelen Estates #1. They will put in a fence at once. The fence may only be a temporary one right now, but the permanent fence will be built. They will get together with the developer and the City Engineer to solve the ditch problem. MASNER asked the developer's agent to com~ait to solving the problem within a week. He agreed to try. The developers Engineer and the City Engineer will work together to solve the problem. MAYOR'S REPORT: United Water Idaho, Co. wants to come back to Council regarding negotiations with Eagle Water. PUC will receive full documentation regarding the negotiations, and will copy all transactions. COMPLAINTS: A letter was received asking for action regarding the appearance of State St. The City Attorney outlined the procedure. This is a criminal misdemeanor or civil action matter and seek injunctive relief to compel them to clean up the property by obtaining a court order to that effect. If they do not comply with the court order and clean up the property you can then enter the premises, with the court order with the deputy sheriff, proceed to clean up the property and assess the cost of the clean up to the property as a lien against the property on the tax rolls or proceed criminally as a criminal misdemeanor as a violation of the ordinance. The most effective is the civil, as it gets the job done. You must ID the properties, check with the county recorder to make certain we have the property owners accurately identified. They are then issued an "Order to Show Cause" to come before the City Council to show cause why their property should not be found to be a public nuisance, following the hearing, if found to be a nuisance, they are in violation, (8-9-25), a period of time is given to take action, if they do not, proceed to court. If they do not show up at the hearing Daunt will establish a record, that it is in fact a nuisance, (you make that finding), we issue a certified letter with a clean up letter with a period of time given and if they do not comply the City cleans up the property. The City Attorney was asked about the Weaver property. She concluded that all property, grandfathered or not must be kept neat. The City has ordinances for the purpose to keep property maintained, clean and safe. The Council suggested to start with the main arteries of the City. Moved by MASNER and seconded by YZAGUIRRE to have the staff provide a potential list of violations to Council in order for Council to decide what action to take. ALL AYE: MOTION CARRIED. P&Z wants a Council liaison as show of support. MASNER will attend the next meeting and come back to Council with a reco~endation. Pathways: YZAGUIRRE met with the Purdy's, Mona, and their attorney. Mona will work up guidelines dealing with easements asked for by the Eagle Pathway Committee. The City Clerk was asked to put the Boise River Ordinance on next agenda for review. City Clerk: Hopkins Nursery: A CUP application is to be received by tomorrow. The City Clerk brought up the new development on the east side of Highway 55. This subdivision, Brenson Subdivision, is now subject to annexation even if it is outside the impact area, providing owner approval is given. It seems like the best time to begin a process. The Commissioners need to meet with the Council and comply with the impact area agreement calling for negotiations within 30 days on the proposal for additional impact area to the north and east of Eagle. This was submitted to the County in October of 1994, but not followed through. ATTORNEY'S REPORT: The City Attorney reviewed the floodplain and floodways with the Council. CLAIMS AGAINST THE CITY: Moved by MASNER and seconded by EASON to approve the claims with the exception of the Black Employment Journal expenditure. ALL AYE: MOTION CARRIED. Moved by BASTIAN and seconded by EASON to go into executive session to discuss possible litigation and acquisition. ALL AYE: MOTION CARRIED. The Council reconvened at 11:50 p.m. There being no p.m. further business the meeting adjourned at 11:55 APPROVED: M~¥OR ST~V~. GU'~.RBER