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Minutes - 1993 - City Council - 03/09/1993 - RegularEAGLE CITY COUNCIL MEETING March 9, 1993 Pre-Council: ABC Seamless Siding: There was a discussion regarding the 3 signs located on the premises, roof, facia and in the window. The owner advised the Council that the window sign will be removed once the windows are remodeled, They plan to upgrade the parking area. Lee Evans DeWatering approached the Council about building a metal building to be used as a garage or shop in a C2 area. He does not propose using the building for commercial gain, but personal use. The Council agreed to re schedule the issue for Council decision at the next meeting in order to give the City Clerk time to check on conditions for the building in a C2 area. Dale Woodcook, Ada County Sheriff reported on the law enforcement activities in the Eagle area and the homeless problem at the river. The Mayor requested Capt. Woodcook talk to the Valley News about the subject too. Capt. Woodcook will have a crew come and clean around the river area or other places the City determines a need for physical labor to be done. Mary Berent reported on the P&Z activities at the last P&Z meeting. Stan McHutchinson advised the Council of a need for an ordinance dealing with lot line adjustments. He will get with the attorney and see what can be incorporated in code. The Eagle City Council met in regular session on March 9, 1993. Mayor GUERBER presiding. The following members were present: RICK YZAGUIRRE, THOMAS EASON, STAN BASTIAN, KELLI BLAIR. Moved by BASTIAN and seconded by YZAGUIRRE to approve the minutes of the March 9, 1993 with the amendment that the Transportation Task Force was to meet on March 9 or March 23~ 1993 meeting as presented. ALL AYE: MOTION CARRIED. PUBLIC HEARING/ORDINANCE 215-STREET LIGHT ORDINANCE: Mayor GUERBER announced that this was the time and place set for a public hearing on the Street Light Ordinance for the City of Eagle. Public Testimony: no testimony Public hearing closed at 7:40 p.m. Moved by BASTIAN and seconded by BLAIR to dispense with the three day ruling and to consider Ordinance 215 at this time. ALL AYE: MOTION CARRIED. Moved by BASTIAN and seconded by YZAGUIRRE to adopt Ordinance 215, an Ordinance amending Subsection 5, Section 1, Chapter 4, Title 9, Eagle City Code, relating to street lights in subdivisions, to require subdividers within City limits to install street lights; to provide that the installation be at subdividers' expense; to provide that the lights be in accordance with City specifications and standards; to provide that the light locations be designated by the Administrator; to provide that the City pay costs of maintenance and power; to provide that the subdividers outside City limits, but within the Eagle City Area of Impact, deposit a street light fee with the Administrator in lieu of installation and providing that said fee be determined on a per light basis and be deposited in a trust fund for future light installation. ALL AYEs MOTION CARRIED. The resolution accompanying the Ordinance and the standards need to go through Planning and Zoning Commission for a recommendation before they are approved by Council. PARK BIDS: The park bids were opened and a motion was made by YZAGUIRRE and seconded by BASTIAN to continue the bids until the next regularly scheduled Council meeting on March 23 for a decision so that the Council will have time to review the paperwork. ALL AYE: MOTION CARRIED. PAINTING BIDS: Moved by YZAGUIRRE and seconded by EASON to approve the lowest painting bid for City Hall. ALL AYE: MOTION CARRIED. MELVIN'S EAGLE POINT #6-Final Plat approval: Discussion took place regarding the easement to the canal. The City Attorney advised the Council that there is no written easement on the canal given to a ditch company. The ditch company has no legal basis for restricting the use of the canal bank for a pathway. Moved by YZAGUIRRE and seconded by BLAIR to approve Melvin's Eagle Point #6 with a condition that there be a 15 ft easement granted along Farmers Union Canal for a pathway, and that it be maintained by the homeowners and built by the developer. Also, to approve the length of the cul-de-sac, and to condition approval on all City subdivision standards being met. ALL AYE: MOTION CARRIED. Moved by YZAGUIRRE and seconded by EASON to amend the motion to include mention that the pathway is to be used as a "public" pathway. EDGEWOOD ESTATES SUBDIVISION - Final Plat approval: Moved by BASTIAN and seconded by YZAGUIRRE to continue until the March 23, 1993 meeting. ALL AYE: MOTION CARRIED. KATHY ROBERTS-APPEAL: (Roberts Square) Duane Johns and Brad Marchzuk, J & M Architects, presented their interpretation for a definition of a shopping center. They protested the need for a CUP for retail space on the main floor. Discussion concluded that it would be necessary to obtain a CUP for the retail sales in the building. The representatives indicated they may Just build the square for office space only. If, in the future there is a need for retail they may return for a CUP permit. FINDINGS OF FACT AND CONCLUSIONS OF LAW/GREAT SKY ESTATES: Moved by YZAGUIRRE and seconded by BASTIAN to approve the findings as presented. ALL AYE: MOTION CARRIED. LONGSON TOWNHOMES (continued) Description of the project was given by Lee Longson, owner of the project, Mr. Longson presented plat of the project indicating where the landscaping will be. He will appear before the Park/Tree Committee with a landscaping plan. He pointed out the lighting plan to the City and told the Council if it is possible to use the road to the South of the project, owned by the church, it will be brought up to ACHD standards and used as an entrance/exit to the Longson project. If the road cannot be used they will have to go back to the plan to use the 2 entrances on Eagle Road. The two options will be worked out with ACHD and appear on the final plat. Moved by BASTIAN and seconded by BLAIR to approve the preliminary plat, PUD with the following conditions: 1. all City Standard Subdivision conditions met; 2. to allow 29 units, rounding off the 28.75 allowable in an R5 district, to 29; 3. that the development is served by a central water system and all sewer district requirements be met; 4. obtain ACHD permission to use the road to the South for the subdivision entrance/exit. If it is not possible to make this road an ACHD road, to create the entrance/exit on Eagle Rd instead. 5. to obtain the approval of the Tree/Park Committee on the entrance to the subdivision. ALL AYE: MOTION CARRIED. COPIER MAINTENANCE AGREEMENT: Moved by YZAGUIRRE and seconded by EASON to approve the bid from Image Resources, as the lowest bid with excellent recommendations. ALL AYE~ MOTION CARRIED. WATER SYSTEM BOND: After brief discussions a special meeting date was tentatively set for March 16, 1993, at 7:00 p.m. to discuss the Water System Bond and Water System negotiations. The City Clerk was instructed to invite representatives from Lexington Hills, Trail Creek, Bob DeShazo from Eagle Water Co., and Bob Hildeman, a financial advisor from West One Bank. RECYCLING REPORT: The report was given by EASON on the different kinds of recycling available. The most effective appears to be the curbside program offered by BFI. It was established that if a franchise was considered in Eagle it would not be exclusive to BFI. EASON will contact BFI and have them address the Council with their program at a future meeting. ORDINANCE 217: REZONE OF GREAT SKY ESTATES Moved by YZAGUIRRE and seconded by BLAIR to dispense with the three day ruling and to consider Ordinance 217 at this time. ALL AYE: MOTION CARRIED. Moved by YZAGUIRRE and seconded by BLAIR to adopt Ordinance 217, an Ordinance amending the zoning classification of the real property described herein from the C-2 (GENERAL BUSINESS DISTRICT) Classification to the R-4 (RESIDENTIAL DISTRICT) Classification; amending the zoning map of the City of Eagle to reflect said change. ROLL CALL VOTE resulted as follows: AYE: YZAGUIRRE, BASTIAN, EASON, BLAIR. MOTION CARRIED. ATTORNEY'S REPORT: The Beer and Wine Code request for an amendment was discussed. Mona will establish a conference call between YZAGUIRRE, the State Liquor director and herself, to discuss the code. The law enforcement contract was discussed. Mona will approach them regarding fines dating back to October. Since those funds have already been allocated there should be a credited system in order to pay the City back. She indicated she has not been able to get the fine figures from the Sheriff's Office. COMMITTEE REPORTS: Seniors: They are making plans for Eagle Fun Days. At their request Kelli will be submitting a list of items the Seniors want the City to consider. Library: BASTIAN has not called Mr. Carnahan yet. The Mayor reported the Library Revision Law appears to being going through the legislative process and is now endorsed by AIC. Sewer: The District is working with the Quong family on Accretion land. Eagle Fun Days will be June 11 and 12. The Eagle Quest: The mock site visit is March 24, from 9:00 to 12:00. The Eagle Quest group asked the City to support the lunch, which will probably be at Eagle Hills Golf Course, for the Eagle Quest members, Council members and representatives from the Dept. of Commerce. Moved by BLAIR and seconded by EASON to authorize payment for the lunch in the amount of $150.00. ALL AYE: MOTION CARRIED. CLAIMS AGAINST THE CITY: Moved by BLAIR and seconded by EASON to approve the claims as presented with the exception of the law enforcement contract payment. ALL AYE: MOTION CARRIED. There being no further business the meeting adjourned at 10:40 p.m. Respectfully submitted: BARBARA MONTGOMERY EAGLE CITY CLERK AP ROVED .' MAYOR STEVE GUERBER