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Minutes - 1990 - City Council - 10/09/1990 - RegularEAGLE CIT~ COUNCIL MEETING OCTOBER 9~ 1990 The Eagle City Council met in regular session on October 9, 1990. Mayor GuERBER presiding. The following members were present: STEVE HAMMON$, GARY WALKER, RICK YZAGUIRRE. Absent: TOM MINOW Moved by WALKER and seconded bY YZAGUIRRE to approve the minutes of the September 25, 1990 meeting as presented. ALL AYE: MOTION CARRIED. PUBLIC HEARING/Title 8 amendments Mayor GUERBER announced that this was the time and place set for a public hearing on Title 8 amendments. Applicants City of Eagle Proposal: Define "Bar" Section 8-1-2, Eagle City Code as follows: Bar: An establishment for which a license under Title 3, chapter 2, Article A,B, and /or C is required and the principal business of which is the sale of alcoholic beverages to be consumed on premises. And, to amend Section 9-3-2-1, Eagle City Code to allow certain private driveways within the city as follows: ,,Driveways": (J) to no more than two (2) dwelling units shall be allowed. Public Testimony: none Public hearing closed at 7:50 p.m. Moved by WALKER and seconded by YZAGUIRRE to dispense with the 3 day ruling and consider ordinance #171, an ordinance amending Section 8-1-2, Eagle City Code to define the word Bar at this time. ALL AYE: MOTION CARRIED. Moved by wALKER and seconded by YZAGUIRRE to adopt Ordinance #171 as presented. ALL AYE: MOTION CARRIED. Moved by HAMMONS and seconded by WALKER to dispense with the 3 day ruling and consider Ordinance #172, an Ordinance amending Section 9-3-2-1, Eagle City Code to allow certain private driveways within the City of Eagle. ALL AYE: MOTION CARRIED. Moved by HAMMONS and seconded by WALKER to adopt ordinance #172 as presented. ALL AYE: MOTION CARRIED. HIT iNDUSTRIES PRESENTATION: A proposal for an computer accounting package and extra monitor and keyboard for City Hall. Council requested an estimation of costs in time to present to the next council meeting. Ada County Transmittal.. 90-53-PDR/McEnroe - 18 lot subdivision N. of Beacon Lt. Rd. P&Z recommended denial, since the subdivision is in the impact area and not the urban service planning area the density is too great. The Comprehensive Plan provides that the density in the impact area shall be one unit per 5 acres. This subdivision exceeds that density, ( 3 units per 5 acres.) Other concerns are that there are no provisions for water for fire purposes and there is only one entrance to the subdivision. Moved by YZAGUIRRE and seconded by WALKER to deny the transmittal and to notify Ada County of Council decision. ALL AYE: MOTION CARRIED. UNFINISHED BUSINESS: APPOINTMENTS.. Mayor GUERBER recommended the reappointment of LaRue Bevington to the Design Review Committee for Council consideration. Moved by WALKER and seconded by HAMMONS to approve the appointment as recommended. ALL AYE: MOTION CARRIED. APPOINTMENTS.. Mayor GUERBER recommended the appointment of Pauline Hinman to the Planning and Zoning Commission for Council consideration. Moved by HAMMONS and seconded by WALKER to approve the appointment as recommended. ALL AYE: MOTION CARRIED. APPOINTMENTS'. Mayor GUERBER recommended the appointments to the Downtown Redevelopment Group, a newly formed body to study the completion of redevelopment of the town area. Those recommendations are as follows.' Co-Chairman.. TOM MINOW and RICK YZAGUIRRE. MEMBERS.' Jerry Mattison, Wayne Crosby, Pauline Hinman, Larry Cadwell, Phil Choate, Larry Sale. There will be one other member appointed at a later date. Findings of Fact and Conclusions of Law/ Eagle Ridge Subdivision. Moved by HAMMONS and seconded by YZAGUIRRE to approve the findings and conclusions as presented. ALL AYE: MOTION CARRIED. CHRISTENSEN SUBDIVISION: Presentation by Stan McHutchinson, Briggs Engineering. This subdivision request was submitted to Ada County in June, 1990, a variance request was denied based on lot size density less than 1 unit per 5 areas.(4.8-4.9) Mr. McHutchinson requested an allowance for the private road from the Eagle City Council. The Council determined that the road should be considered part of the density and therefore meet the 5 acre requirement, rather than the City of Eagle considering a private road, which it will not endorse. It was further concluded that this development should not be denied due to the 4.8 or 4.9. density. Since the City of Eagle cannot approve the concept of a private rd, if Ada County still denies it, the alternative should be redesigning the plat to delete one lot. Larry Sale will advise us if we need a letter to go to Ada County regarding this discussion. ATTORNEY'S REPORT: Bonding: White Mtn. Co. establishment of manufacturing establishment within the city limits. No bonding available at this time. LID: services within a subdivision, a meeting has been set up regarding this issue. LIBRARY: Final draft to go to the Boise attorney and librarian tomorrow. Eagle Land Co, roadway: conversations with ACHD concluded that cannot assist the city at this time. The Council can draft an ordinance restricting such usages. PRESENTATION BY Jack williams and Ted Beal, regarding a manufacturing area within the city limits: Reports given to the city regarding large trucks using a subdivision as access to the manufacturing company have resulted in problems within the subdivision. Mr. Beal indicated that the reason for the trucks entering the subdivision is the easement given to the company for residential purposes, not for hauling of gravel, has been challenged; therefore, they do not have access to the land without the use of the subdivision. The other problem with this particular site is they are dealing with land destruction. A reclamation plan in order to extract should be in place. They believe they will destroy the property. Council instructed the City Attorney, Mona Mack, to write a letter to Eagle land Co. regarding public nuisance, safety, reclamation and bonding requirements and the criteria regarding Commercial and Industrial uses restrictions requirements in Eagle City Code, Section 8-3-4. Further, to devise an ordinance restricting roadways within a subdivision for trucks,(business) to be used for a commercial use and address the public nuisance ordinance regarding this issue. We will need to talk to the Sheriff's Dept. regarding enforcement of such an ordinance. MAYOR REPORT: The Mayor requested approval by Council to Microfilm pertinent documents, such as Ordinances, Resolutions and Minutes to be stored "off site" Moved by WALKER and seconded by HAMMONS to approve up to $500 for this purpose. The records will removed from City Hall in order to accomplish the microfilming. ROLL CALL: AYE: HAMMONS, WALKER, YZAGUIRRE. MOTION CARRIED. COMMITTEE REPORTS: P&Z: will meet with Eagle Citizens for Responsible Development Committee on Oct. 16 at 7:00 p.m. Greenbelt: will meet on Oct. 22. Parks: the addition is almost complete, sprinkler system going in and grass to be planted. Seniors: request a meeting on the first tuesday of November, 10:00 a.m. with the Council regarding the lease agreement. Library Board: will meet Oct 10, WALKER will attend. Centennial: Letters have gone out regarding the time capsule to be opened in 2021 asking for material to place in the capsule. CLAIMS AGAINST THE CITY: Moved by HAMMONS and seconded by WALKER to approve the claims as presented. ALL AYE: MOTION CARRIED. Moved by HAMMONS and seconded by WALKER to adjourn the regular meeting to go into executive session regarding possible acquisition of property. ALL AYE: MOTION CARRIED. Regular session reconvened. . There being no further business the meeting adjourned at 9..45 p.m. Respectfully submitted.' BARBARA MONTGOMERY EAGLE CITY CLERK APPROVED: MAYOR STEVE GUERBER