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Minutes - 1996 - City Council - 01/23/1996 - RegularEAGLE CITY COUNCIL ~EETING January 23, 1996 Pre Council: Treasure Valley Transportation Analysis/Transportation Status Report: Mary Hardison Annual Air Quality Report: Ron Marshall Engineer's Report: Drainage plans and irrigation systems on individual lots. The Council suggested that a committee be formed to study the issue. The Committee should consist of the City Engineer, a Councilman, Ditch Co. representatives, a P&Z member, Sewer Board Engineer, someone from the building industry (S.W. Builders Assoc), and ACHD. 5~ASNER will talk to Bradley for advice regarding formation of the Committee. The Eagle City Council met in regular session on January 23, 1996. Mayor BOWER presiding. The following members were present: MORGAN NLASNER, NANCY MERRILL. RICK YZAGUIRRE, STAN BASTIAN, Moved by MASNER and seconded by YZAGUIRRE of the January 9,1996 meeting as presented. ALL AYE: MOTION CARRIED. to approve the minutes UNFINISHED BUSINESS: Findings of Facts and Conclusions of Law-Idaho Power Substation- CUP. Moved by MASNER and seconded by YZAGUIRRE to approve the findings as presented. ALL AYE: MOTION CARRIED. KESTREL COVE SUBDIVISION AGREEMENT: (CONTINUED) The form of the agreement was broadly written, but other attorneys' involved with the document are not in accord at this time. There are two issues in question in the agreement. The first is the form of the releases which are suppose to be part of the agreement, and the other is Ms. Sharps fees. Moved by BASTIAN and seconded by MASNER to continue this matter until the next Council meeting. VOICE VOTE: AYE: BASTIAN, MASNER. NAY: YZAGUIRRE, MERRILL. MAYOR BOWER: NAY. MOTION FAILS. Moved by BASTIAN and seconded by MASNER that Ms. Sharps costs on the Kestrel matter be paid by the developer. Hotion withdrawn. Moved by BASTIAN and seconded by MASNER that the City does not pay the costs and fees incurred by Ms. Sharp as a result of the Kestrel Cove dispute. AYE: BASTIAN, YZAGUIRRE, NLASNER. NAY: MERRILL. MOTION CARRIED. Moved by NLASNER and seconded by BASTIAN to add to the agenda an item 8D as executive session to discuss pending or threatened litigation. ALL AYE: MOTION CARRIED. EXTENSION OF TIME - Van Engelen Estates ~2: Craig Van Engelen requested an extension of time from the Council. Hr. Van Engelen was provided a copy of the indemnification clause. Moved by MASNER and seconded by BASTIAN to approve the extension of time for a period of one year with the condition that an indemnification clause be executed by the developer. ALL AYE: MOTION CARRIED. INDEMNIFICATION DISCUSSION: Moved by BASTIAN and seconded by YZAGUIRRE that all applications that require submittal of a sewer permit require an indemnification being executed. ALL AYE: MOTION CARRIED. RESOLUTION 6-95 - COHHUNICATIONS (discussion): Moved by NLASNER and seconded by BASTIAN that the resolution stands; we continue this discussion onto the next agenda, that a distribution list be prepared by the Hayor and distributed to the Council for review at that time. ALL AYE: MOTION CARRIED. PUBLIC HEARINGS: Ordinance 270 - Relating to Public Notice for Land Use Actions: Mayor BOWER declared this was the time and the place to hold a public hearing regarding amendments to Title 8 and 9, Ordinance ~270 Relating to Public Notice for Land Use Actions. Testimony: no public testimony was given. The public hearing closed at 10:08 p.m. Moved by YZAGUIRRE and seconded by BASTIAN to read this by title only and return the Ordinance at the next regularly scheduled meeting for a second reading. 2 Moved by YZAGUIRRE and seconded by BASTIAN to withdraw the motion. ALL AYE: MOTION CARRIED. Moved by YZAGUIRRE and seconded by MASNER to direct staff to return this Ordinance to the next Council meeting with the changes directed tonight. Hotion withdrawn. Moved by MERRILL and seconded by YZAGUIRRE to direct the staff to make the proposed changes as follows: 1. Change letter sizes to read: white background, black lettering and at least 6 inches in size. (Page 10, 8-7-8.) under item iA to read: a 4 x 4 plywood or other hard surface, omit the 4x4 posts. The background be painted white with black letters on both sides, at least 6 inches. Item D2 and 8 -7-8 only one posting, that we have only one posting requirement. Moved by BASTIAN and seconded by MERRILL to amend the motion to include 4 inch letters for the body and 6 inch letters for the title, which is PUBLIC NOTICE. Hotion withdrawn. Moved by BASTIAN and seconded by YZAGUIRRE to have the staff come back to Council with recommendations regarding the sign size and hardship issue so Council can make a determination. ALL AYE: MOTION CARRIED. Moved by BASTIAN and seconded by MERRILL to reconsider the previous motion. ALL AYE: MOTION CARRIED. Discussion regarding the hardship question was brought up. Moved by MASNER and seconded by YZAGUIRRE for staff to review the hardship and the size of the letters addressed in the Ordinance and report back to Council. ALL AYE: MOTION CARRIED. Moved by BASTIAN and seconded by MASNER to break at this time for five minutes. ALL AYE: MOTION CARRIED. Mayor BOWER declared this was the time and the place for a public hearing on Ordinance 271 - amending Section 8-2-3/Drive Inn Restaurants. Testimony: no testimony given. The public hearing was closed at 11:30 p.m. Moved by BASTIAN and seconded by YZAGUIRRE to dispense with the three day ruling and consider Ordinance 271 at this time. Ordinance 271 provides for prohibiting drive-in restaurants in a CBD District and conditionally allows them in a C2 and C3 District. Moved by BASTIAN and seconded by MASNER to approve the ordinance as presented. ROLL CALL VOTE: BASTIAN, YZAGUIRRE, MASNER, MERRILL. ALL AYE: MOTION CARRIED. NEW BUSINESS: Liquor License Renewal - SEVEN MILE LOUNGE: Moved by MASNER and seconded by YZAGUIRRE to approve the renewal of the liquor license as presented. ALL AYE: MOTION CARRIED. Extension Agreement - Library Services: Moved by MASNER and seconded by BASTIAN to extend the library services agreement. ALL AYE: MOTION CARRIED. Resolution 2-96 Resolution 3-96 Registration Fees. City of Eagle Fair Housing Resolution and - Increase State Gas Tax & Motor Vehicle Moved by YZAGUIRRE and seconded by MASNER to adopt Resolutions 2-96 and 3-96 as presented. ALL AYE: MOTION CARRIED. Reports: P&Z report - Mary Berent: BASTIAN: Library -he met with the architect and library board regarding the new building. They want to assess the needs of the community, but may need a joint meeting with the library staff, city staff, council and board. Governet: BASTIAN outlined the program to Council. MASNER: Sewer - There is more than one opportunity to use the 20 acres. They hope to go back to the county with a commitment of 20 years. They are still talking about a moratorium. APA: announced the public hearing on the 2015 plan. Nancy: reported on the transportation plans in the Echohawk Subdivision - new SH alignment. Councilwoman MERRILL had questions regarding the parks and lights. The Council adjourned to executive session. The executive session adjourned at 1:50 a.m. 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 business the meeting adjourned at 1:55 a.m. Respectfully submitted~%"~ BARBARA MON~GOMER~/~'X~ ~ :~ ,~ EAGLE CITY CLERK k~_~, ,',¥ V D %%~i ~ APPRO E : Jd~~' MAYOR CHARLES A. BOWER 5