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Minutes - 1990 - City Council - 01/23/1990 - RegularEAGLE CITY COUNCIL MEETING JANUARY 23, 1990 The Eagle City Council met in regular session on January 23, 1990. Mayor GUERBER presiding. The following members were present: TOM MINOW, GARY WALKER. STEVE HAMMONS RICH YZAGUIRRE. Moved by HAMMONS of the January 9, CARRIED. and seconded'by WALKER to approve the minutes 1990 meeting as presented. ALL AYE: MOTION MARION HALL, ADA COUNTY TRANSMITTAL 89-31-PDC/89-26-ZC: The representatives of the United Methodist Church asked council to reconsider the previous council recommendation and consider it a second time. Council requested Mr. Hall be present for the hearing. Mr. Hall stated that they intended buying the property for a equipment rental business. Moved by WALKER and seconded by YZAGUIRRE deny the proposed business and reconsider what kind of commercial development would be best in that area. AYE: MINOW, WALKER, YZAGUIRRE. NAY: HAMMONS. MOTION CARRIED. BONDING ON MEDICAL FACILITY: Moved by MINOW and seconded by WALKER to continue the discussion until a workshop meeting can be established to discuss it further. AYE: MINOW, WALKER, HAMMONS. NAY: YZAGUIRRE. MOTION CARRIED. WORKSHOP HAS BEEN ESTABLISHED FOR MONDAY, JANUARY 29, 1990. DESIGN REVIEW/United Oil of Magic Valley: Presentation by Jim Gipson, Chairman of Design Review Committee. Mr. Gipson told council that Design Review approved this application at a formal meeting held January 23, 1990 at 6:30 p.m. with the following conditions: 1. That a new design review application be submitted for a sign. 2. That a planter type landscaping be placed on the corner of Eagle Rd. and State St. The small building at the corner will be removed, the gas tanks will be retained and the sign will be located in the same area as it is now. Moved by MINOW and seconded by WALKER to approve the application as recommended by Design Review. ALL AYE: MOTION CARRIED. PUBLIC HEARING-EAGLE RIM ESTATES VARIANCES: Presentation by Walt Wanner, developer for the project. Mr. Wanner indicated that the set back needed, and recommended by the Eagle Planning and Zoning would not be a problem to other homes in Eagle Rim as they are PAGE 2 interior lots. They are asking for a variance on lot 5 to 5 feet on each side, 20 foot rear set back on lot 34, 18 foot set back on lot 35 and 20 foot feet back on rear, lot 36. Testimony in favor: Testimony opposed: Don Minegar Bill Hammons Lawrence Lariway A.W. Baril (written) Discussion included if Mr. Wanner believed that they would need other variances in the future. He answered the question by indicating he hoped not. Moved by WALKER to continue this public hearing until the workshop on January 29th. Motion seconded by MINOW. AYEs MINOW, WALKER. NAY: HAMMONS, YZAGUIRRE. MAYOR GUERBER: NAY. MOTION FAILED. Moved by HAMMONS and seconded by YZAGUIRRE to consider this public hearing request tonight, and to approve as recommended by Planning and Zoning. AYE: HAMMONS, YZAGUIRRE. NAY: WALKER, MINOW. MAYOR GUERBER: AYE. MOTION CARRIED. PUBLIC HEARING/ CITY OF EAGLE ANNEXATIONS: AREA 5: Boise Valley Packing request for annexation, C2 zoning, written request. No public testimony. Moved by HAMMONS and seconded by MINOW to annex and zone C2. ALL AYEs MOTION CARRIED. Moved by HAMMONS and seconded by YZAGUIRRE to resend the previous motion regarding area 5. ALL AYE: MOTION CARRIED. Moved by WALKER and seconded by MINOW to proceed with annexation by ordinance, with a zone of C2. ALL AYE: MOTION CARRIED. AREA 4 and 4A: AREA ALONG S. CHANNEL RD. Opposition in writing from Senator Herb Carlson. No testimony. Moved by MINOW and seconded by WALKER to proceed with annexation by ordinance on area 4, zone A, and to exclude area 4A from consideration at this time. ALL AYE: MOTION CARRIED. AREA 3: BORDERS STATE STREET, BAKERS ACRES SUB. AREA SURROUNDED BY THE CITY. Fred Kunkler expressed opposition in writing. Testimony given by Fred Kunkler and Rick Kunkler in opposition. PAGE 3 Moved by WALKER and seconded by MINOW to exclude area 3 from annexation, zoning and procedures. AYE: MINOW, WALKER. NAY: HAMMONS, YZAGUIRRE. MAYOR STEVE GUERBER: NAY: Area 3 to be annexed, zoned A, proceed with annexation by ordinance. ALL AYE: MOTION CARRIED AREA 1: EAGLE GOLF COURSE/EAGLE HILLS EAST AND SURROUNDING PROPERTY. Testimony in opposition by Mike Ritz, Jim and Colleen Cohan. Moved by HAMMONS and seconded by YZAGUIRRE to proceed with annexation, zoned C1 (golf course) and R1 (subdivision) by ordinance on area 1. ALL AYE: MOTION CARRIED. AREA lA: W. OF EDGEWOOD, NORTH OF FLOATING FEATHER AREA BETWEEN EXISTING CITY LIMITS. Written and oral request for annexation from Melvin and Ida Linsday, written request for annexation from Forrest Prohaska, with A zone. Moved by MINOW and seconded by HAMMONS to proceed with annexation, zone A by ordinance on area lA. ALL AYE: MOTION CARRIED. AREA 2: SOUTH SIDE OF FLOATING FEATHER RD, 1.3 ACRES NORTH OF FLOATING FEATHER RD. SURROUNDED BY EXISTING CITY LIMITS. Written and oral request for annexation by Jerome and Leona Reininger for annexation on the property on corner of Floating Feather and Eagle Hills Way (1.3 acres), zone request R. Moved by MINOW and seconded by YZAGUIRRE to proceed with annexation by ordinance and to zone the area A with the exception of the 1.3 acre requested Residential, that portion to be zoned R. ALL AYE: MOTION CARRIED. AREA 6: AREA W. ALONG HIGHWAY 55 AND BORDERING EDGEWOOD LANE. Testimony by Larry Farnsworth in favor. Moved by WALKER and seconded by YZAGUIRRE to proceed with annexation by ordinance, and zone A. ALL AYE: MOTION CARRIED. AREA 6A: SOUTH OF HIGHWAY 55 AND INCLUDING MCGRATH RD.: Written request for annexation, zoning C2, M2 and M3 by Eagle Gravel Co. Opposing testimony given by John Vernon for Monrock. Moved by MINOW and seconded by WALKER to proceed with annexation by ordinance and to zone them a comparable zoning to Ada County. ALL AYE: MOTION CARRIED. AREA 7: CORNER OF STATE STREET AND EDGEWOOD, RESTAURANT AND PROPERTY DIRECTLY BEHIND. Written testimony opposing annexation by Harlan Jenson, owner of Trolly 2, written and oral testimony by Julie Parker representing Empire Subdivision, Victor Johnson, owner, in favor of annexation. Opposing testimony by Marion Hall. Moved by HAMMONS and seconded by MINOW to proceed with PAGE 4 annexation by ordinance and to zone the area as recommended by Eagle Planning and Zoning with the exception of the residential area request by Empire Estates, which will be zoned R5. ALL AYE: MOTION CARRIED. AREA 7A: ALONG STATE ST. FROM EDGEWOOD TO HIGHWAY 55. Written testimony received from Frank Elliott requesting annexation on 67 acres located on the N. side of State Street bordering Parkinson Dr., requesting C2. Moved by WALKER and seconded by' MINOW to proceed with annexation by ordinance and to zone the area as C2. ALL AYE: MOTION CARRIED. AREA 8: AREA WITHIN BANBURY, 1 ACRE LOT. No testimony. Moved by MINOW and seconded by WALKER to proceed with annexation by ordinance and to zone it R5. ALL AYE: MOTION CARRIED. AREA 5: (SMALL AREA) EAST SIDE OF EAGLE RD. NW CORNER. No testimony. Moved by MINOW and seconded by WALKER to proceed with annexation by ordinance to zone the area residential. ALL AYE: MOTION CARRIED. PUBLIC HEARING-HIGHWAY 55 ANNEXATIONS: AREA 2: B2L2-ADJOINING EVANS SUBDIVISION. Testimony given by Elaine Edgerton, representing Garth Baldwin supporting annexation. No opposing testimony. Moved b~ MINOW and seconded by HAMMONS to proceed with annexation by ordinance and zone R5. ALL AYE: MOTION CARRIED. AREA 4: EAGLE LAND CO. ADJACENT TO B2L2. Written testimony received from owner Mark Haugebak in favor of the annexation and request M3, written testimony included the desire not to be annexed without that particular zone. Oral testimony received by Ray Dowding neither in favor or opposed. Moved by MINOW and seconded by WALKER to approve the annexation with a R1 zone. Discussion took place regarding R4 and M3 zoning and MINOW withdrew the motion. Further discussion disclosed that with the exception of Area 1, the proposed annexations will need to be continued until an established time as Area 4 provides contiguous points to other requested areas for annexation. NO VOTE TAKEN. AREA 1: CARL RAASCH PROPERTY CONTIGUOUS BY FLOATING FEATHER RD. Written testimony received by Carl Raasch requesting annexation and R10 or R5 zoning. Moved by MINOW and seconded by WALKER to proceed with annexation by ordinance and zone R5. ALL AYE: MOTION CARRIED. ATTORNEY REPORT: The Ordinance on the bond issue for a medical facility has been drafted and available for review. PAGE 5 STREET LIGHT REPORT: Moved by HAMMONS and seconded by MINOW to pay the user fees on the Idaho Power lights now, a total of $1,296 instead of over the next 10 years, the lights are ready to install. ALL AYE: MOTION CARRIED. CLAIMS AGAINST THE YZAGUIRRE to approve CARRIED. CITY: Moved by MINOW and seconded by the claims as presented. ALL AYE: MOTION The council meeting adjourned at 10:25 p.m. Respectfully submitted: Barbara Montgomery Eagle City Clerk Approved: Mayor Steve Guerber