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Minutes - 1995 - City Council - 10/24/1995 - RegularEAGLE CITY COUNCIL MEETING October 24, 1995 Pre Council: P&Z Report: Mary Berent advised the Council that the Clegg transmittal was scheduled without proper payment. The Council agreed the fee was to be paid prior to hearing. Engineers Report: Downtown lights: decorative street lights was discussed. If they border State St. who pays for the maintenance? The Council requested an ordinance amendment to include all decorative lights on State St. and Eagle Rd. will be powered and maintained by the City. The Engineer suggested amending another ordinance regarding canals. There is a meeting on Oct. 25 regarding Kestrel Cove. Brian Donaldson, Bill Narver, the City Engineer and Morgan Masner will attend. The Council wants the Engineer to invite Sherri Sharp. Addition to the Subdivision conditions: #8 does not cover lot drainage, it covers right of way drainage. Stan McHutchinson will talk to the City Attorney, Mona Mack, and bring the issue back. The Council suggested addressing the issue again after the holiday season at which time a committee will be appointed comprised of builders, developers and council members. Com~%ittee Reports: Library: The Library Board President will be asked to attend the next Council meeting to address the substantial library salary increase. BASTIAN will invite the President of the Library Board for the Pre Council session to discuss the report submitted to Council from City Hall and the increase. The Eagle City Council met in regular session on October 24, 1995. Mayor GUERBER presiding. The following members were present: MORGAN MASNER, THOMAS EASON. RICK YZAGUIRRE, STAN BASTIAN, Moved by YZAGUIRRE and seconded by BASTIAN to approve the minutes of the October 10,1995 meeting as presented. ALL AYE: MOTION CARRIED. UNFINISHED BUSINESS: Property Insurance Proposals: Each area was compared based on information submitted to us. The Council asked for additional information in order to make a decision. The Mayor asked EASON to address the proposals. EASON recommended Fred A. Moreton & Company, a bid of $6,756.20 a year, with additional liquor coverage. Mr. EASON said the major difference is in liability coverage. Moved by MASNER and seconded by YZAGUIRRE to approve the Fred E. Moreton Co. for the year plus $600. for liquor coverage for special events. ALL AYE: MOTION CARRIED. Findings of Fact and Conclusions of Law: Merrill CUP Moved by MASNER and second by EASON to approve the presented. ALL AYE: MOTION CARRIED. findings as Amendment City of Eagle Subdivision Conditions of Approval to include a drainage condition: The City Attorney asked for time to discuss the matter with the City Engineer. Moved by BASTIAN and seconded by MASNER. ALL AYE: MOTION CARRIED. PUBLIC HEARING/AERIE SUBDIVISION CUP/Preliminary Plat: Mayor GUERBER announced that this was the time and place set for a public hearing on the application for a CUP and preliminary plat for Aerie Subdivision. Applicant: John Browning/John Badola Type of application: Applications for preliminary plat (a re- subdivision of an existing lot) and conditional use permit for 24 Condominiums on 1.08 acres for a gross density of 22.2 dwellings per acre in a C2 zoning district. The subdivision application is proposed as 6 residential lots (4 units per lot) and one common lot. Location: 1/8 mile north of State Street on the west side of Edgewood Lane, Lot 3, Block 1, Grossman Subdivision (behind Trolley Restaurant). Written testimony: Opposed - Leonard and Sherrie Wilson, John and Lionda Dodson, Dennis and Nancy Bragdon, Richard and Terri Walker, Gary and Mary McCoy, Steven and Becky Petersen. A petition was received opposing the use of the property. The owner/developer John Browning and the applicant outlined the project to the Council. Pictures were submitted. Public Testimony: John Grimstead: Opposed - petition 84 names, 3 stories high, higher than the rest in neighborhood, noise, parking inadequate, not compatible. John Dodson: clarification only The Council had concerns regarding the compatibility with the surrounding neighborhood, traffic problems, open space and parking area. There is little space for children to play. This is not a reasonable transition zone. Attention was focused on Eagle City Code, section 8-7-3-2 (B) be harmonious with and in accordance with the Comprehensive Plan. This project is not and a three story building is not in harmony with single family dwellings. Public hearing closed at 8:15 p.m. Moved by MASNER and seconded by BASTIAN to deny ~he preliminary plat and CUP. ALL AYE: MOTION CARRIED. PUBLIC HEARING/Eagle United Methodist Church - CUP Mayor GUERBER announced that this was the time and place set for a public hearing for a Conditional Use Permit for a portable building on site. Applicant: Eagle United Methodist Church Location: 651 N. Eagle Road on the west Ranch Drive. side of Eagle Road at Proposed Land Use and Zoning: R5- Addition of a temporary portable building to provide three Sunday school rooms. Bill Wiler, representative for the church, outlined the proposal to the Council. He indicated there is overcrowding but no finances to build. This is temporary, 5 years is an estimate for use. This building will be set on a pier foundation. Public Testimony: none Public hearing closed at 8:25 p.m. Moved by YZAGUIRRE and seconded by BASTIAN to approve the CUP with the recommendations of P&Z which are the following: 1. The unit must be tied down, anchored and inspected 2. The CUP is to be reviewed in 5 years and annually thereafter and, to comply with the UBC. ALL AYE: MOTION CARRIED. PUBLIC HEARING/Great Sky - CUP Mayor GUERBER announced that this was the time and place set for a public hearing for a CUP for a Club House, Pool & Basketball Court in Great Sky Estates. Applicant: IFI Partners 11, John Evans, owner and developer Type of application: CUP Location: Lot 2 Block 2 Great Sky #1; just north of State Street on Great Sky Way. Proposal: a basket ball court, club house and pool intended for the use of Great Sky residents. The zone is an R4. John Evans explained the proposal to the Council. It is adjacent to an open space. It will be governed by homeowner approval. Public Testimony: none Public hearing closed at 8:40 p.m. Moved by YZAGUIRRE and seconded by EASON to approve the CUP as presented. ALL AYE: MOTION CARRIED. NEW BUSINESS: Ada County Transmittal 95-20-ZC: Clegg Moved by MASNER and seconded by YZAGUIRRE to approve the transmittal with the recommendation of a development agreement of no more than 2 acre lots. ALL AYE: MOTION CARRIED. Barry Peters Lot Split: Barry Peters outlined the lot split to the Council. Moved by YZAGUIRRE and seconded by EASON to approve the lot split as presented. ALL AYE: MOTION CARRIED. The flood plain provisions must apply to development. Design Review - Container Packaging plan: The representative, Jim Gipson, outlined the project to the Council and asked for consideration of removal of the condition for a berm on the State St. frontage portion of the project. Moved by BASTIAN and seconded by YZAGUIRRE to approve the Design Review application as recommended by the Design Review/Landscaping Committee. ALL AYE: MOTION CARRIED. A ban on Drive Through Fast Food Restaurants - Morgan Masner: The Council asked MASNER to author a proposal and take it to P&Z. APPOINTMENTS: Library Board member: Susan Thomas Mayor GUERBER asked Council for approval for the nomination of Susan Thomas to the Eagle Library Board. Moved by MASNER and seconded by BASTIAN to approve the nomination of Susan Thomas. ALL AYE: MOTION CARRIED. REPORTS: MAYOR: Reminded the Council of the Sun Valley conference. MAYOR, YZAGUIRRE and MASNER will attend. The Schools: There have been a number of complaints about students littering in the downtown area. BASTIAN asked for a flashing light like the Eagle Elementary School has to be installed at the Middle School. This is a request to ACHD. Also contact the Sheriff about complaints on Floating Feather Rd. The sheriff needs to patrol this area before and after school. The City Clerk will call ACHD and the Sheriff. City Clerk: There has been a request for lights in the rear of Building to the west and complaints about dangerous parking at the barber shop on State St. The Council asked the City Clerk to contact ACHD about painting the curb at that area. The Clerk reminded the Council about the Bench Valley hearings. Community Youth Connection: Moved by BASTIAN YZAGUIRRE to approve an expenditure of $500 to AYE: BASTIAN, YZAGUIRRE, EASON. Absent: MASNER. and seconded by the youth group. MOTION CARRIED. Attorney: Reported on Kings, Hiatt, and Brighton. brief has been filed. The Brighton Executive Session: Moved by YZAGUIRRE and seconded by MASNER to go into executive session to discuss personnel issues. ALL AYE: MOTION CARRIED. The Council returned to regular session and asked for a salary comparison on the City Clerk's salary operating under current salary with the estimate of overtime hours added. The time was 10:55 p.m. Moved by BASTIAN and seconded by YZAGUIRRE to return to executive session to further discuss personnel. ALL AYE: MOTION CARRIED. The Council returned to the regular session at 11:15 p.m. CLAIMS AGAINST THE CITY: Moved by BASTIAN and seconded by YZAGUIRRE to approve the claims as presented. ALL AYE: MOTION CARRIED. There be~%q no further busines~ ~he meeting adjourned at 11:15 p.m. EAGLE CITY CLERK ~ / ~'~? ~YOR STEVE G~RBER