Minutes - 1991 - City Council - 03/12/1991 - Regular
EAGLE CITY COUNCIL MEETING
March 12,1991
The Eagle City Council met in regular session on March 12, 1991.
Mayor GUERBER presiding.
The following members were present: STEVE HAMMONS,
YZAGUIRRE, TOM MINOW. Absent: GARY WALKER
Moved by HAMMONS and seconded by YZAGUIRRE to approve the minutes
of the February 26, 1991 meeting as presented. ALL AYE: MOTION
CARRIED.
RICK
PUBLIC HEARING/Avante Annexation and Zoning
Mayor GUERBER announced that this was the time and place set for
a public hearing on Avante Annexation and Zoning.
Applicant: Tony Hickey, Donald Grandmason, David Smartt
Location: Patterson Sub, lots 1,2,3,4 and 5
Proposal: Annexation to the City of Eagle, zoning request R5
in order to submit a preliminary plat for a 100-140 lot
subdivision on 41 acres.
Public Testimony:
Opposed:
Jim Carran
Jess Boeder
Pat Towne
Concerns:
In Favor:
Tony Hickey
school impact, traffic, high water table
Public hearing closed at 8:25 p.m.
Moved by MINOW and seconded by YZAGUIRRE to approve the proposal
for annexation to the City of Eagle, but to reduce the zoning
from the requested R5 to the R4 district. AYE: MINOW,
YZAGUIRRE. NAY: HAMMONS MOTION CARRIED.
HOFFMAN/ADA COUNTY TRANSMITTAL 91-09-PDR: A planned unit
development for 9 lot on 50.5 acres located at Beacon Light and
Ballantyne. Moved by MINOW and seconded by HAMMONS to approve
the Transmittal as presented. ALL AYE: MOTION CARRIED.
UGALDE/ADA COUNTY TRANSMITTAL 91-09-TLQ: Temporary living
quarters. (staff review) Moved by YZAGUIRRE and seconded by
MINOW to approve the transmittal as presented. ALL AYE: MOTION
CARRIED.
PROPERTY NUISANCES:
Daunt
Inspector
GREEN HOUSE located on Second St. and Highway 44, WHITMAN
reported that it appears to be a safety and health hazard, He
would like to get permission to enter the premises to examine it
for structural problems. We have been in contact with the
caretaker and have received a call from Kathy Roberts, the owner,
who resides in Hawaii. The site has been a problem for some
years now, the lot has not been maintained for some time. Moved
by MINOW and seconded by HAMMONS have the building inspector to
contact the owner and request permission for a thorough
inspection. Should it be denied or no answer in 30 days to seek
appropriate court action for safety & health purposes. The
letter to the owner needs to be mailed by certified mail. ALL
AYE: MOTION CARRIED.
PRIME EARTH GRAVEL PIT COMPLAINT: WHITMAN reported that he had
viewed the site and took pictures (presented to Council) but
found no problems with the site not consistent with a gravel pit;
however, it does need safety fencing, required by code. Barbara
Montgomery, City Clerk, contacted the Bureau of Land Management,
they check the site and found no violation of the mining acts.
The City Attorney, Mona Mack reported that she is checking into
the legal effect of improper notification on property at time of
annexation, there is little in the code regarding this issue.
The probable results might be in the action of the annexation
being void. She has requested a legal opinion from the office of
the Attorney General. After the opinion has been received we may
need to have a hearing before Council to request an explanation
why these particular property owners were not on the property
owners list for those to be notified within 300 ft., by B.& A.
Engineers, who supplied the City with the information.
MONROC GRAVEL PIT: Complaint by Dick Wilkerson. WHITMAN reported
that he viewed the site and took pictures (presented to Council)
but found no evidence of improper handling of the property;
however there appears to be some litigation between Wilkerson and
Monroe. City Clerk, Barbara Montgomery contacted the Bureau of
Lands, they checked the site and found no violation of the
mining acts. Mayor GUERBER will contact Dick Wilkerson regarding
the legal issue.
COX/VACATION OF EASEMENT: Mona Mack, the City Attorney, reported
that there appears to be some confusion regarding a vacation of
an easement in an impact area, the property is located within
one mile of the Eagle City limits. The Ada County Engineer
believes that Eagle will be required to hold a public hearing in
order to vacate. She advised Council that it would be appropriate
to take action tonight and clear the problem of public hearing
with Ada County. Moved by MINOW and seconded by YZAGUIRRE to
continue this item until the next Council meeting in order to
conclude the public hearing problem, ALL AYE: MOTION CARRIED.
ORDINANCES-RESOLUTIONS:
Moved by MINOW and seconded by 1ZAGUjJ!~E Lo dispense with the
three day ruling and to consider Ordinance 181 at this time, ALL
AYE: MOTION CARRIED.
ORDINANCE 181: Moved by MINOW and seconded by YZAGUIRRE to adopt
Ordinance amending Eagle City Code 1-7-4, the fee schedule, and
to adopt a resolution accompanying the Ordinance. ALL AYE:
MOTION CARRIED.
RESOLUTION 6-91: Moved by MINOW and seconded by HAMMONS to adopt
Resolution 6-91 approving a fee schedule. ALL AYE: MOTION
CARRIED.
MAYOR REPORT AND ATTORNEY REPORTS: City Attorney, Mona Mack,
reported that the Bodily/B~nderson motion at the previous
Council meeting bypassed the Planning and Zoning and should be
reconsidered. Moved by MINOW and seconded by YZAGUIRRE to
rescind the previous motion of approval and notify Ada County
that it is a conceptual of Council only. ALL AYE: MOTION
CARRIED.
It was suggested that "discussion only" should be placed on the
agenda on such items, or arrange to hear it at a pre council
session.
The City Attorney reported that Bill 210 (local option) was
defeated in Legislature. the Council requested the names and
vote of our representatives.
ADA COUNTY SHERIFF'S REPORT: Pat Cowles reported that there were
20 traffic violations in the area in February. The Council
requested additional patrolling of the Harvey Dr.-Hill Rd. area
for speeding violations. Lt. Cowles requested Eagle consider a
contract for a part time patrol officer for the area, YZAGUIRRE
will report on this request at the next Council meeting.
We have received one tennis court upgrade bid. The bid was from
Cascade Fence for approximately $7,000. The Council asked for
another bid to be given at the next meeting.
COMMITTEE REPORTS: Library/HAMMONS: The Library Board needs a
new member. There is a possibility of a State Library Grant.
Ada County has entered into an agreement for the Eagle Library
extension agreement for $5,000. The Library will pay for the
cleaning of the Library, the City is not responsible for that
expense. Seniors/MINOW: The Seniors will pay the $850.00 for the
refinishing of the Senior Citizen wood floor, In the future any
addition or maintenance will be placed on the agenda by the
President of the Senior Citizens, The Seniors will procure their
own bids on repair work. They intend to revise the cost schedule
and bring it before the Council, Planning and Zoning/YZAGUIRRE:
Ken Tewksbury resigned from the Planni W_I lid '~(oning Commission,
We will need a new member, I. force will be
meeting on the second and tUL i " , The Greenbelt
Committee will be meeting regaCC¡jdq l';.ìdIid ,',-,'xl Subdivision,
CLAIMS AGAINST THE CITY: Moved by MINOW and seconded by HAMMONS
to approve the claims as presented.
ALL AYE:
MOTION CARRIED.
There being no further business the meeting adjourned at 8:45
p.m.
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