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Minutes - 1991 - City Council - 11/26/1991 - Regular EAGLE CITY COUNCIL MEETING November 26,1991 Pre-Council convened at 6:30. Discussion regarding the building inspectors contract and Kangas Subdivision, (impact area) took place. The Eagle City Council met in regular session on November 26, 1991. Mayor GUERBER presiding. The following members were present: YZAGUIRRE, TOM EASON. Absent: TOM MINOW. GARY WALKER, RICK Moved by YZAGUIREE and seconded by WALKER to approve the minutes of the November 7, 1991 meeting, canvasing of the votes, as presented. ALL AYE: MOTION CARRIED. Moved by YZAGUIRRE and seconded by WALKER to approve the minutes of the November 12, 1991 as presented. ALL AYE: MOTION CARRIED. PRIME EARTH-IDAHO LAND AND GRAVEL (continued from November 12, 1991) : Moved by WALKER and seconded by EASON to continue the hearing until the December 10 Council meeting for discussion. ALL AYE: MOTION CARRIED. Discussion regarding conditions to be placed on the 2 properties given an M2 zoning took place. A special meeting was set for December 3, 1991 in order for both the Council and representatives of the two properties to informally review proposed conditions. LEXINGTON HILLS-VARIANCE REQUEST WITHIN PUD: Bryce Peterson, representative of the project, advised the Council that the requested variances are a part of the original PUD preliminary plat approval. They have now defined which areas need variances and are approaching the Council with that information. He indicated that there may be other variances needed in the future. Moved by WALKER and seconded by EASON to approve the variance request for 19 lots, to approve rear yard set backs of 15 ft., 5 ft. sides as long as it is not less than 12 1/2 ft. between homes. ALL AYE: MOTION CARRIED. Those lots are defined as follows: Side yard setbacks reduced from 7 1/2 to 5 ft: lot 8/5, 16/5, 17/5,4/6,3/7,4/7,5/7,7/7, 9/7, 10/7, 11./7, 12/7, 12/7, 13/7 19/7, 20/7, 21/7, 22/7, 23/7 Rear yard setbacks reduced from 25 to 15 ft: lot 4/5, 5/5, 6/5, 7/5, 8/5, 9/5, 10/5, 11/5, 12/5, 13/5, 4/6, 7/7,13/7,14/7,15/7,17/7,18/7,19/7,23/7 FINDING OF FACTS AND CONCLUSIONS OF LAW/MARVIN SUBDIVISION: Moved by YZAGUIRRE and seconded by WALKER to approve the findings as presented. ALL AYE: MOTION CARRIED. The Findings of Facts and Conclusions of Law/Smith will be submitted to Council at the next regular meeting. PUBLIC HEARING/ECHO CREEK (formerly Trail Creek) SUBDIVISION: Mayor GUERBER announced that this was the time and place set for a public hearing on Echo Creek Subdivision Preliminary Plat, Phase 2. Applicant: Location: Proposal: Bill Guhrke, Treasure Valley village Ltd. NW corner of Highway 55 and Floating Feather A 113 acre subdivision, density 2.89, phase 2, zoned R5, 315 lots, 1 fire station lot, 304 residential lots and 3 park sites and common areas. (a 7 year project) Public Testimony: In favor: Dennis Baker Phil Barber Dennis Whitmore Joe Canning Todd Schaefer Opposed: Phil Whitner Richard Meyers written opposition: Carol Jensen Concerns of the public: density, limitations of sewer system, water, wells. Public hearing closed at 8:35 p.m. Moved by YZAGUIRRE and seconded by EASON to approve the Echo Creek preliminary plat and rezone with a density of 2.89 homes per acre. AYE: YZAGUIRRE, EASON. NAY: WALKER MOTION CARRIED. Moved by WALKER and seconded by YZAGUIRRE to defer all "New Business" until the December 10, 1991 Council meeting. ALL AYE: MOTION CARRIED. LIBRARY APPOINTMENT: The appointment to the Library is deferred until the next Council meeting in order to have Mike Covalt present to request the nomination. ATTORNEY REPORT: Michael Moore reported the estimate on the law firm to write a Boise River Plan Ordinance for the City of Eagle at approximately $3,000. By Council directive this estimate will be discussed on the first meeting in January. CLAIMS AGAINST THE CITY: The seniors have submitted a bid for Council approval on refinishing the wood floor on the senior side of the building. They have a volunteer to do the work so the bid is for a limited amount of labor ($21.00), the material ($68.50) a total of $89.50. Moved by YZAGUIRRE and seconded by WALKER to approve the proposal, to be paid by the seniors, and approve the claims as presented. ALL AYE: MOTION CARRIED. MAYOR AND COMMITTEE REPORTS: A report was given on the Greenbelt. We need new members on the Gem Community Committee and hope to get that information to the media in order to secure new members. The Mayor reported that the grant application for the Downtown Redevelopment project will be submitted tomorrow. After discussion a motion was made by WALKER and seconded by YZAGUIRRE to have the City Attorney prepare an amendment to the Subdivision Ordinance providing that a subdivision proposal does not have to meet the public hearing requirements. ALL AYE: MOTION CARRIED. Moved by YZAGUIRRE and seconded by WALKER to go into executive session regarding PERSONNEL. ROLL CALL SHOWED THE FOLLOWING VOTE: AYE: YZAGUIRRE, WALKER, EASON. MOTION CARRIED. The Eagle City Council moved into executive session at 9:35 p.m. The regular Council session resumed at 9:40 p.m. Moved by YZAGUIRRE and seconded by EASON to accept the resignation of THOMAS MINOW as Councilman for the City of Eagle. ALL AYE: MOTION CARRIED. There being no further business the meeting adjourned at 9:45 p.m. ~ EAGLE CITY COUNCIL MEETING WORKSESSION DECEMBER 3, 1991 The Eagle City Council met in special session to discuss conditions to be placed on the M2 zones of Prime Earth/Patterson and Idaho Sand and Gravel/Dowding properites. Council members present: YZAGUIRRE, EASON. presiding. MAYOR GUERBER PROPOSED CONDITIONS OF APPROVAL PRIME EARTH-PATTERSON/HAUGEBAK-EAGLE LAND CO. IDAHO SAND AND GRAVEL-DOWDING/STAHL 1. COMPLIANCE WITH 8-3-5(K): UNIQUE LAND USES: Gravel Pits, rock quarries, and Clay Pits and Other Natural Resources of commercial value: A. The extent and method of rehabilitation shall be determined in advance of issuing a zoning certificate with due consideration given to what is suitable and compatible with the surrounding area; B. Upon depletion of the area, all temporary buildings and structures, except property line fences and structures for the loading, measuring or weighing of salable material in storage, shall be entirely removed from the property; and C. Safety fencing shall be erected around all pits that create a safety hazard. 2. COMPLIANCE WITH SECTION 8-2A-3: DESIGN REVIEW OVERLAY DISTRICT: which shall encompass all limited office, business, and manufacturinq districts---; 3. IMPOSE RECLAMATION PLAN CONDITIONS AS FOLLOWS: FOR: Idaho Sand and Gravel-Dowding/Stahl: A. Crushed aggregate will be stockpiled on site, generally on the pit floor; B. All pit walls will be sloped at 3.1 ratio. A 30' buffer will be maintained, a small lor 2 percent slope for drainage purpose will be needed; C. Topsoil will be stripped from the source area and stockpiled along the northern boundary. This material will be saved in sufficient quantities to cover abandoned slopes and for future development purposes; D. The total affected area will not exceed present source acreage of 45 acres; E. Allover burden except topsoil will be utilized in the manufacturing of road mix products, thus eliminating overburden stockpiles. FOR: Prime Earth-Patterson/Haugebak-Eagle Land Co.: A. The pit walls and floor be topsoiled and seed using natural or introduced annual and/or perennial grasses. Fertilizer should also be applied; B. A reclamation bond of 750.00, per affected acre, must be submitted to and maintained with the Department of Lands; C. A 10 ft. wide undisturbed buffer strip would be left around the perimeter of the pit; D. Excavation slopes of 3:1 (horizontal to vertical) would be utilized, even though slopes in adjacent pits are often near vertical; E. A 25 ft. thick layer of sandy gravel. 4. HOURS OF OPERATION: A. Extraction activities to begin at dawn or 6:00 a.m. (whichever is the later time); B. Extraction activities to end at dusk or 9:00 p.m. (whichever is the earlier time); 5. ALL MANUFACTURING AND EXTRACTION ACTIVITIES SHALL TAKE PLACE WITHIN EXTRICATED AREAS: 6. REQUIRE CONSTRUCTION OF A BERM (along the inhabited areas of the Prime Earth properties, W side): A. Berming to be completed by July 1, 1992 B. Berming to be 6 ft. high with a two-to-one slope 7. 8. ALLOW THE CONTINUED USE OF THE PROPERTIES AS GRAVEL PITS: OBSERVANCE OF ALL APPLICABLE EAGLE CITY CODES AND STATE & FEDERAL CODES REGARDING AIR POLLUTION, EROSION, AND WATER POLLUTION; 9. LOCKED GATES ALONG WITH REQUIRED FENCING AROUND THE PERIMETER OF THE PROPERTY. 10. SURROUNDING PROPERTY OWNERS SHALL BE ACCOUNTABLE IN CASE OF TRESPASSING The above conditions are subject to approval of Eagle City Council. ~QQ Mayor Steve Guerber 10, 1991 - . ' "";',;:, ",;. ,', .,.'