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Minutes - 1995 - City Council - 03/28/1995 - RegularEAGLE CITY COUNCIL MEETING March 28, 1995 Pre Council= Representataives of BFI end the Disposal Company appeared before Council to address future services. BFI representative Bill Gregory said that they service 677 customers in the City of Eagle. The Eagle rates are $5.15 per month and recycling rates $2.50 per month. There are 2 trucks in the Eagle area. Kate Colter spoke for the Disposal Co. and told the Council that the company has 1,000 Eagle Customers and charges $6.00 in the City limits and $2.25 for recycling. There are 119 recycling customers. They have had some problem- since they lost the Ada County contract, but are re-structuring now and hope to continue service. Five trucks are working in the Eagle area. P&Z reports The report was given by Mary Berent. The Eagle City Council met in regular session on March 28, 1995. Mayor GUERBER presiding. The following members were present: THOMAS EASON, STAN BASTIAN, MORGAN MASNER. Absent: RICK YZAGUIRRE Moved by EASON and seconded by MASNER to approve the minutes of the March 14, 1995 meeting as presented. ALL AYE: MOTION CARRIED. PUBLIC HEARING/ELLIOTT - Child Care CUP Mayor GUERBER announced that this was the time and place set for a public hearing on a Conditional Use Permit for child care within an athletic club facility. Applicant: Elliott Industrial Co. (Chuck & Kathleen Elliott) Type of Application: Conditional Use Permit Location: West State Street & South Kestrel Place Proposed Land Use and Zoning: 182 square foot day care room for the exclusive use of members using the health facility child care would be 1 to 2 hrs, always accompanied by an adult. Zone C2 Kathleen Elliott: Applicant, 182 sq. ft room for occasional child care. Public Testimony: none Public hearing closed at 7:40 p.m. Moved by MASNER and seconded by EASON to approve the CUP as outlined by P&Z. ALL AYE: MOTION CARRIED. PUBLIC HEARING/Chaumont Subdivision - Annexation, Zoning, Preliminary Plat: Mayor GUERBER announced that this was the time and place set for a public hearing on Chaumont Subdivision, an application for annexation, zoning (R4) and a preliminary plat. Applicant: Hill Way, Inc., Trevor Roberts Type of application: Annexation, zoning and preliminary plat Location: South of Hill Road at Dickey Drive and East of existing Edgewood Estates. Proposed Land Use and Zoning: R4 the pathway will include a gravel easement (5 ft) along the canal. The project will incorporate 10.7% cor~non area not including canal easements. 6 or more lots will be developed as a park site and will not be building lots. David Torgeson, Project Engineer, outlined the project for the Council. Public Testimony: none Public hearing closed at 7:45 p.m. Moved by MASNER and seconded by BASTIAN to approve the application for annexation, zoning (R4) and a preliminary plat subject to the following: Establishment of a water company franchise agreement with the City. Subject to the approval of the Eagle City Landscaping and Pathway Committee. Standard Conditions of Subdivision Approvall ALL AYE: MOTION CARRED. Moved by BASTIAN and seconded by MASNER to move item 7B, the Area of Impact for discussion at this time. ALL AYE: MOTION CARRIED. IMPACT AREA BOUNDARIES - ZONING AMENDMENT (Continued): Mayor Coles, Mayor of Boise, outlined the land trade for the Council. 35 acres of the land will be used for a park site and school site· He suggested a cooperative agreement in which Eagle would need to work with Boise on a 50/50 basis to develop and use the park on an equal basis. Moved by EASON and seconded by BASTIAN to approve the land exchange and impact area boundary amendment subject to negotiation of a cost based on the Baker contribution brought up tonight, sharing by Eagle citizens plus Chevron Pipeline and other donations. BASTIAN withdrew the second. The motion was withdrawn by EASON. Moved by EASON and seconded by BASTIAN to approve the land exchange based on an agreement of funding styles within Eagle's ability to pay and, to do the land swap with a binding agreement. The principles should include: 50/50 development costs the developer of Fall Creek allowed to contribute for Eagle's benefit the use of park would be on equal basis/availability all means possible to seek private donations toward development of the park should be explored no programs would be established that would be beyond the City of Eagle's ability to participate Boise would be forbidden to build beyond the capacity of Eagle to participate If Eagle cannot proceed, Boise can without the participation of Eagle, in which case the City of Eagle can refund to Boise the costs incurred. It is understood that prioritizing has been established between Boise and the developer, phasing is acceptable. MOTION WITHDP~AWN Mona Mack advised the Council she would be able to outline an agreement for Boise and Eagle to review by next Tuesday. Moved by BASTIAN and seconded by MASNER to continue the issue and reschedule at the next Council meeting for the purpose of reviewing an interim agreement. ALL AYE: MOTION CARRIED. NEW BUSINESS: Ada County Transmittal: 95-18-CU - Eagle High School CUP for a greenhouse/storage building. Moved by BASTIAN and seconded by EASON to approve the Transmittal as presented. ALL AYE: MDTION CARRIED. KESTREL COVE/APPROVAL OF FENCE: Bill Narver told the Council that his development had been vandelised and part of the fence was torn down. He also advised the Council that Drainage District #2 asked for a chain link fence of 500 ft. along the ditch bank instead of the cedar fence approved by Council because of the threat of fire when cleaning the ditch bank. Mr. Narver complied with their request. The City Engineer was consulted at the time. He too is concerned about the safety from a fire along the ditch in cleaning, however, this would constitute a change in conditions of approval in the final plat. Moved by MASNER and seconded by EASON to amend the requirement for cedar fencing around the perimiter of the property and allow chain link fencing at the canal portion only. ALL AYE: MOTION CARRIED. OLD BUSINESS: TASK FORCE INVESTIGATION - UPDATE - Joe Schreiber reported on the activities of the comz~ittee. At this point the education of what a urban renewal agency is has been the focal point, along with gathering different views. Everything at this point is exploration. A town meeting at the Eagle Elementary School is set for April 10, 7:00 p.m., after which the committee will then vote on the question. MAYOR'S REPORT: Budget workshop, April 10. Linda Kioukis submitted a proposal to buy the old fax machine for $300. The Mayor asked for consideration for the bid. Moved by MASNER and seconded by EASON to allow the sale of the fax. ALL AYE: MOTION CARRIED. COMMITTEE REPORTS: A library report and Transportation Task Force- 2015 plan was given. Engineers report: The pressurized irrigation condition of approval was discussed. Moved by BASTIAN and seconded by MASNER to change the condition #18 per Mona's direction. ALL AYE: MOTION CARRIED. A FEMA letter was discussed regarding flood plain property on Beacon Light Rd. The City of Eagle issued a building permit on the site, but the barn portion is in the floodway. The Mayor will talk to Daunt about it. Eagle Wing: Ditch construction to provide Mr. Cowman water was discussed. A ditch was to be constructed by the developers of Eagle Wing and Ricks River River Ridge in order to enable the Cowman's to receive water. This ditch has not been constructed. The City Attorney advised Council she can write the representatives that the City will file for injunctive relief if water is not provided. Moved by MASNER and seconded by EASON to have the attorney write Eagle Wing developers and initiate action by April 10. ALL AYE: MOTION CARRIED. CLAIMS AGAINST THE CITY: Moved by EASON and seconded by BASTIAN to approve the claims as presented. ALL AYE: MOTION CARRIED. There being no further business the meeting adjourned at 10:35 p.m. APPROVED:~ ~ MAYOR STEVE GHERBER