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Minutes - 1995 - City Council - 02/28/1995 - RegularEAGLE CITY COUNCIL MEETING February 28, 1995 The Eagle City Council met in regular session on February 28, 1995. Mayor GUERBER presiding. The following members were present: STAN BASTIAN, MORGAN MASNER. RICK YZAGUIRRE, THOMAS EASON, Moved by MASNER and seconded by YZAGUIRRE to approve the minutes of the February 7, 1995, meeting as presented. ALL AYE: MOTION CARRIED. PUBLIC HEARING/Eagle Impact Area Boundary Zoning Amendment: Mayor Guerber announced this was the time and the place for a public hearing regarding the zoning request for the NW corner of N. Cloverdale Rd. and Chinden Blvd. 223 acres to be excluded from the Eagle Impact Area and included in the Boise Area of Impact. PROPOSAL: The City of Eagle and Boise City are entering into an agreement where a park and school location will be pledged by Boise in a land exchange agreement with B.W., Inc. The City of Eagle and Boise want a buffer between the sewer plant facility and residential land uses. In order to reach a common goal, the 2 cities agree to join in negotiations with Ada County to alter the areas of impact in order to accomplish this purpose. Boise will use 35 acres on the W side of the property it will receive in the land exchange for a park site for recreational purposes, a possible school site, and as a buffer between the residential uses to the west and Boise treatment facility to the east. Boise will not apply biosolids on the proposed park/school site and provide a 400 ft buffer between the Boise owned property N of the park/school site and Fall Creek Subdivision. Boise will not condemn the property presently in the Eagle Area of City Impact, adjacent to the property owned by Boise City known as the Carrico property. The request is to take approximately 223 acres of the Eagle Impact Area and add it to the Boise Impact Area. A letter was sent to Mayor Coles on December 27, 1994 from Mayor Guerber outlining terms of a proposal as follows: That Eagle would pay compensation of $10,000 to Boise Parks and Recreation for use in maintenance and operation of recreation programs in return for waiver of all or part of the non-resident fees normally paid by Eagle residents in Boise recreation programs. Testimony: Opposed: Rick Harrington: The developer profits, changes need to be made within the current Comprehensive Plan. Public Hearing closed at 7:40 p.m. Discussion took place regarding the letter from biayor Guerber to the Mayor of Boise. The letter has yet to be answered. The City of Eagle asked for an agreement, and, in return, the joint use of the park. The City of Eagle agreed to pay $10,000 in return for non-resident recreation fees. Since there has been no response to the letter we need to wait for an answer before approving this request. Approving the removal of the impact area, at this time, is premature. Moved by YZAGUIRRE and seconded by EASON to continue the matter until we have a response from Boise in order to make a decision. ALL AYE: MOTION CARRIED. OLD BUSINESS: Ada County Transmittal: Stoney Acres - Extension of Time Moved by BASTIAN and seconded by YZAGUIRRE to approve Ada County Transmittal asking for an extension of time of one year. ALL AYE: MOTION CARRIED. Urban Renewal Agency Review: EASON asked for input from the Association of Homeowners spokesperson, Gary Walker, and asked BASTIAN for an explanation on what a Urban Renewal Agency is. Gary Walker addressed the Council and echoed the concerns of the homeowners on how the Agency would deal with condemnation, if it were applied. It appears the condemnation cannot be omitted from the agreement, but it has been indicated it would not be applied. Mr. Walker said it does remain a threat. There are 3 things they want to address 1. If property is condemned can there be a list of special conditions mandating the condemnation? How much latitude is there for special conditions narrowing the possibility. 2. Special conditions must have a super majority vote of homeowners (such as 7 out of 9). 3. Fair market value is usually used. In this case it is not appropriate for this issue. The homeowner needs replacement costs taken into consideration. It may take far more to replace the home than market value. BASTIAN explained that an agency allowed tax increment financing. Meaning if the project was worth a certain amount of money but after development the property is likely to be valued much more,. the taxes would go to the Agency in return for payments for improvements. It is a way to afford to purchase the property. AS a community we can specify what we want to see in the project such as landscaping and design would be specified in this case. The character of Eagle would need to be reflected in the project. This agency would begin with a resolution, a study needs to be made on the area to see if it is within the federal guidelines, then an additional resolution. We hope this is accomplished in 1995. The Agency can then go to P&Z and on to Council for approval. The proposal for a rezone on the property will require public hearings, and a development agreement for the specification for development. Bonding would take place, the property closed, site preparation and construction would begin. Construction to completion of project would be at least a 2 year project. Ryan Armbruster spoke regarding the 3 questions of the homeowners. The super majority vote and condemnation: There are questions for limiting condemnation authority. The issue would have to be reviewed during the process. Value: everything in code is couched as "fair market value". There are questions on what is the ability of re-location? Are there additional funds for that? Is there a cap? There may not be the funds to accomplish those issues. Gary Walker requested a continuation in order to visit with Fir. Armbruster and a designated member of Council. Chuck Bower spoke opposing the urban renewal agency and tax increment financing. George Emerson: Opposes Albertsons in the community. Rick Harrington: Does not oppose redevelopment agency conditioned on appropriate planning. Leo Parks: Has the support of people of Eagle by petition of 500 names. Bill Cohen: An Agency is too complex with the present form of government. Not comfortable with the condemnation aspect. Glida Bothwell: Opposes the concept of the Agency. Does agree that businesses downtown need to be encouraged. Gary Walker: The property owners are concerned about the agency and possibility of condemnation. They are concerned about their homes. He does believe this will probably not work without the agency. I~ary Gray: Believes the agency is not needed. The Council does not know what the citizens want. She requests a survey. Althea Dugans: Opposes a downtown Albertsons. Marian Lutz: Opposed to a downtown Albertsons. Moved by YZAGUIRRE and seconded by BASTIAN to use Ryan Armbruster for consultation through Moore and McFadden Law Firm. ALL AYE: MOTION CARRIED. Moved by YZAGUIRRE and seconded by EASON to set up a meeting between Ryan Armbruster, Gary Walker and Council Members BASTIAN and MASNER. ALL AYE: MOTION CARRIED. Mayor GUERBER asked for recommendation for appointment of a task force to study the urban renewal concept. Moved by EASON and seconded by MASNER to put the appointments on the I~arch 14 agenda. ALL AYE: MOTION CARRIED. The Mayor asked if he should approach Cantlin to see if costs might be covered. Moved by EASON and seconded by MASNER to investigate that issue. ALL AYE: MOTION CARRIED. NEW BUSINESS: PARK AND ARBORETUM IMPROVEMENTS AND BIDS: Moved by BASTIAN and second by YZAGUIRRE to approve the proposal as presented with the exception of the electrical bid which will have to be bid out because of the cost. If this is the lowest bid ($14,000), accept it without returning the bids to Council. ALL AYE: MOTION CARRIED. ORDINANCE 258 - IDAHO POWER FRANCHISE AGREEMENT strike off agenda MAYOR'S REPORT: Urban Land Agency conference was held in Boise. They toured the area including Eagle. The outcome was to move forward with a transit system, but not to overwhelm the area. Sewer District report given. A meeting will take place regarding planning area for the District on I~arch 8. P&Z REPORT: Mary Berent ATTORNEY'S REPORT: There has been no decision on Wintry River. An employment compensation claim needs to go to executive session for personnel review. CLAIMS AGAINST THE CITY: Moved by MASNER and seconded by YZAGUIRRE to approve the claims as presented. ALL AYE: MOTION CARRIED. Moved by YZAGUIRRE and seconded by BASTIAN to approve the CH2M Hill claim on the survey of the Ada County park site on Highway 55. ALL AYE: MOTION CARRIED. Moved by MASNER and seconded by YZAGUIRRE to go into session regarding acquisition of property and personnel. MOTION CARRIED. executive ALL AYE: The regular session adjourned to executive session. The Council reconvened at 11:22 p.m. Moved by BASTIAN and seconded by YZAGUIRRE to retract the offer of payment to the former recreation director, Mary Ann Wilcox. ALL AYE: MOTION CARRIED. The City Attorney advised the Council that the negotiations with the Eagle Water Co. have been unsuccessful. The utility franchise code needs to be enforced with the water company. Mona will write Eagle Water Co. advising them of this. There being no further business the meeting adjourned at 11:30 p.m. EAGLE CITY CLE K~ ~ APPROVED: