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Minutes - 1991 - City Council - 12/10/1991 - Regular EAGLE CITY COUNCIL MEETING December 10, 1991 Pre Council topics of discussion: a landscaping donation by Meridith Carnahan for City Hall grounds, future areas of annexation, and review of the Prime Earth/Dowding area. The Eagle City Council met in regular session on December 10, 1991. Mayor GUERBER presiding. The following members were present: THOMAS EASON. GARY WALKER, RICK YZAGUIRRE, Moved by EASON and seconded by YZAGUIRRE to approve the minutes of the December 3, 1991 meeting as presented. ALL AYE: MOTION CARRIED. Moved by YZAGUIRRE and seconded by EASON to approve the minutes of the November 26, 1991 meeting as presented. ALL AYE: MOTION CARRIED. Mayor GUERBER announced the nomination of STAN BASTIAN to the City Council to replace Thomas Minow. He asked for Council approval of the nomination. Moved by WALKER and seconded by EASON to approve the nomination. ALL AYE: MOTION CARRIED. Barbara Montgomery, Eagle City Clerk gave the oath of office to Mr. Bastian. PRIME EARTH/DOWDING PROPERTIES: Proposed conditions, established at the December 3 meeting, were discussed. Clarification of conditions by Mr. Belnap, attorney for Prime Earth were asked for and received. Those conditions were: items I (C), 5 and 6. It was established #6 should read (along the inhabited areas of the Prime Earth properties, the South side), not West. Moved by YZAGUIRRE and seconded by EASON to adopt this application as Conditional Use Permit for Prime Earth/Idaho Sand and Gravel, M2 districts, and to accept the conditions as presented, with one additional condition, to include "any future housing developments adjacent to the gravel pits will include berming, which will be the responsibility of the developer, not Prime Earth or Idaho Sand and Gravel. ALL AYE: MOTION CARRIED. Findings of Fact and Conclusions of Law/Echo-Trail Creek Subdivision. Moved by WALKER and seconded by EASON to approve the findings and conclusions as presented. ALL AYE: MOTION CARRIED. Findings of Fact and Conclusions of Law/Smith-CUP: Moved by WALKER and seconded by YZAGUIRRE to approve the findings and conclusions as presented. ALL AYE: MOTION CARRIED. conclusions as presented. ALL AYE: MOTION CARRIED. DISCUSSION Building Inspector contract: After discussion Council continued the proposal until the meeting of January 14, 1992, in order to recalculate the contract for a base wage and a percentage basis. PUBLIC HEARING/Ordinance #194: Mayor GUERBER announced that this was the time and place set for a public hearing on a development agreement ordinance. There was no public testimony. 8:10. The public hearing closed at Moved by YZAGUIRRE and seconded by EASON to adopt the development agreement ordinance as submitted and to dispense with the three day ruling in order to consider Ordinance #194 at this time. ALL AYE: MOTION CARRIED. Moved by YZAGUIRRE and seconded by EASON to adopt Ordinance #194 an Ordinance relating to the execution of development agreements; stating the purpose of development agreements; establishing the methods of initiating and the form of such agreements; establishing the criteria for approval; providing for the recording of development agreements; providing for the modification and termination of development agreements and providing for the enforcement of development agreements. ALL AYE: MOTION CARRIED. PUBLIC HEARING/HUNTER RIDGE SUBDIVISION: Mayor GUERBER announced that this was the time and place set for a public hearing on Hunter Ridge Subdivision preliminary plat. Applicant: Location: Proposal: John and Kathryn McCallum S of Beacon Light Rd., W of highway 55 23 lots on 50.73 acres. Partially in the flood plain, established residences on lots 19, 22, 23. R1 zoning, lots exceed 1 per acre. Developer willing to deed 30 ft. easement for a pathway to the City, establish curb and gutter both sides of the road, a sidewalk on one side. Public Testimony: Testimony from Jim Broich indicated that his property is within the subdivision (lot 23). Mr. Broich stated that he bought the property in June, 1991. Written testimony was received at the meeting from Brian F. McColl, an attorney objecting to the greenbelt at Dry Creek. An agreement was also introduced at the meeting as an addendum to Real Estate purchase and sale agreement by Mrs. McCallum regarding lot 23. Additional testimony received: In favor: Opposed: Kathryn McCallum Richard Meiers Logan Scheimer Concerns of the public: density, greenbelt, areas of concern. Public hearing closed at 8:35 p.m. Moved by WALKER and seconded by YZAGUIRRE to Continue the hearing until the January meeting in order to answer the following questions: 1. to consider recommendations #1 and #4 of the Planning and zoning Commissioners; 2. consider the greenbelt proposal 3. consider lot 20 (road), the location of the road and proposed change on the plat. If lot 21 is deleted, as per P&Z, where will the road be and will it be accessible to lot 22 and 231 ALL AYE: MOTION CARRIED. Moved by WALKER and seconded by YZAGUIRRE to place item #10 ahead of #8 in order to approve a library board nomination. ALL AYE: MOTION CARRIED. APPOINTMENTS: Mayor GUERBER presented the appointment of Gary Barns to the Eagle Library Board for Council consideration. Moved by EASON and seconded by WALKER that approval be given to the appointment. ALL AYE: MOTION CARRIED. SHERIFF'S REPORT given by Lt. Pat Cowles, Ada County Sheriff's office. ORDINANCES-RESOLUTIONS: Moved by BASTIAN and seconded by YZAGUIRRE to dispense with the three day ruling and to consider Ordinance #195 at this time. ALL AYE: MOTION CARRIED. Moved by BASTIAN and seconded by WALKER to adopt Ordinance #195 by Title: An Ordinance changing the zoning classification of the real property described herein from the C3 Commercial Classification to R5 Residential Classification and amending the zoning map of the City of Eagle. (Echo/Trail Creek Subdivision) ALL AYE: MOTION CARRIED. Moved by WALKER and seconded by EASON to approve the renewal of Liquor, Wine and Beer licenses for 1992, including: the approval of Bob's Trolley House #2, after they submit Ada County's license, and Denim and Diamonds (Harlen Jensen), which was overlooked, providing all criteria of state and county are met. 1. The Bank Club 2. Regal Eagle 3. Eagle Hills Golf Course 4. Eagle Beverage 5. United Oil of Magic 6. Eagle Foodtown 7. Go Fer Mart 8. Circle K valley ALL AYE: MOTION CARRIED. LONESOME DOVE ARENA, a letter from the Sewer District was discussed regarding an application through Ada County for a Beer and Wine license. Council suggested they needed more information on the intend of the license to be able to comment. TROUTMAN LAWN CARE CONTRACT for summer of 1992: Moved by YZAGUIRRE and seconded by WALKER to approve the contract provided by Tal Troutman for lawn care. Another bid was submitted. The Council would also like a bid from Troutman on planting scrubs and trees that may be donated to the City by Meridith Carnahan. ALL AYE: MOTION CARRIED. PRE-ANNEXATION REQUEST: Crandelmeir property. Ed Thompson presented a proposal to Council to annex the Crandelmeir property with the intent of subdividing. Discussion took place and Mr. Thompson was asked to submit documentation requesting a public hearing regarding the annexation/zoning. DISCUSSION took place regarding an urban renewal agency within the City Limits, and an amendment to the Subdivision Ordinance. CLAIMS AGAINST THE CITY: Moved by WALKER and seconded by YZAGUIRRE to approve the claims as presented. ALL AYE: MOTION CARRIED. There being no further business the meeting adjourned at 10:25 p.m. ër:QMA MAYOR STEVE GUERBER