Minutes - 1995 - City Council - 01/24/1995 - RegularEAGLE CITY COUNCIL ~EETING
January 24, 1995
Sheriff's Report= Introduced Tom Corn as the new officer assigned
to Eagle.
Canterbury Estates= A presentation wes made to Council by Steve
Bradbury, attorney. The developers want to circulate the plat, but
ask no bonding be required at this time as the plat will not be
recorded at this time. They have approached ACHDandhave approve1
to execute a non-development agreement. They would like the same
concession from Eagle regarding bonding. The City Council agreed
that subject to a disclaim~r reco~--ended by Mona )&ack as City
Attorney, a non-development agreement may be acceptable. Mr.
Bradbury will initiate the agreement for the City Attorney's
review. After which the agreement will return to the City Council.
Jerome ~app asked the Council to do the site work for sidewalks and
lights in connection with the senior citizen grant request for a
city match. The sidewalk estimate is $5,250 and the lights $8,000.
The City would do the site work rather than provide the match in
funds. The total senior project $93,625. They will be requesting,
from the Dept. of Commerce, $68,000 block grant. 10% of the funds,
will be cash donations, $5,000 senior program-, $3,075 from
m~m~ers, $1,000 from the King Foundation, $300. Albertsons. Id.
Sand and Gravel donated $4,500 in services, Wright Bros $500 and
Cal Low $1,500 in services. The Dept. of Commerce wants
conformation that the parking lot is for senior usage. The funds
needed for the construction may not be utilized until the next
budget year.
Con~mittee reports= The new schools in Eagle will be open this
fall, there are some problem- yet with the sewer having to do with
a Dry Creek right of way. Freshm-n and Sophomore students will
have closed ¢~pus, Juniors end Seniors will not. The two groups
will have different schedules.
The Transportation District is within 40% of completion of
purchases of property needed to secure right of way for the Hwy. 55
realignment. Construction will begin this fall to be completed in
1996. The Bench Study is about to conclude and go to public
hearings. That study may have an impact on city road plans.
The Eagle City Council met in regular session on January 24, 1995.
Mayor GUERBER presiding.
The following members were present: RICK YZAGUIRRE, STANBASTIAN,
MORGAN MASNER. Absent: THOMAS EASON
Moved by YZAGUIRRE and seconded by MASNER to approve the minutes of
the January 10, 1995 meeting as presented. ALL AYE: MOTION
CARRIED.
UNFINISHED BUSINESS: Custom Masonry
Mayor GUERBER informed the audience that the discussion tonight is
not a public hearing. He gave a brief history of the issue before
the Council and addressed legal counsel for both parties (the
applicant and the opposition) giving them an opportunity to speak.
Les Bock, representing the Hortings spoke first in opposition to
the rezone and "super majority" voting method in which the P&Z
recommendation prevailed.
Mr. Stanley Crow, attorney for the applicant, spoke in favor of the
business remaining in the present location but believes the
application is a special use application rather than a rezone. The
method of approval made by the Council is appropriate.
The City Attorney commented as follows: A special use permit only
allowed in a permitted district. A rezone is necessary and
requires an ordinance change. The general provisions for passage
of an ordinance is located in State Code Section 50-902, which
indicates that a majority of Council be required. The Eagle
City Council by virtue of adopting Eagle City Code Section 8-7-5
F.2.A went from the requirement in State Code, 50-902, to a super
majority requirement when it comes to zoning ordinance amendments.
There is authority to support the validity of the code. The
Roberts Rules of Order, adopted by the City, are the authority for
the reconsideration of the vote.
Moved by BASTIAN and seconded by YZAGUIRRE to approve the rezone
from R5 to C2, subject to execution of a Development Agreement.
The Development Agreement initiated by Eagle Planning and Zoning
Committee is acceptable, with the exception of the duration of time
the business can remain at this location and the requirement of a
berm.
The Development Agreement will be amended to exclude the 5 year
term limit and berming provisions and include the following:
1. The business will be allowed at the present site for a period
of 2 years with a one year option of an extension of time
2. Removal of the berm.
ROLL CALL: AYE: BASTIAN, YZAGUIRRE, MASNER. MOTION CARRIES.
Liquor License Renewal/Seven Mile Inn-Croslin: The Croslins have
moved to Nevada. The permit will be posted in Eagle Excellence
Realty and no liquor will be sold. The Croslins have received a
State License, but the County declined renewal as they feel no
renewal is necessary without the actual sale of liquor. Moved by
YZAGUIRRE and seconded by MASNER to approve the renewal of the
liquor license as submitted. ALL AYE: MOTION CARRIED.
NEW BUSINESS:
Ada County Transmittal: 94-73-PDR/94-41-ZC - Lost River Estates
Moved by YZAGUIRRE and seconded by BASTIAN to approve Ada County
Transmittal 94-73-PDR/94-41-ZC Lost River Estates with the
recommendations of the Eagle Planning and Zoning Commission with
clarification to the language referring to the pathway, and
insuring it means that the pathway will be constructed on the
Chevron Pipeline in compliance with the Eagle Comprehensive Plan.
The P&Z conditions read as follows:
1. A single home owners association.
2. An additional 3 ft of striped pavement for pathways along all
roadways.
3. Incorporate street lights at all culdesacs and intersections.
4. Submit a landscaping plan to the City Landscaping Committee, an
irrigation plan to the City Engineer and meet the City's
requirements for pathway along the Chevron pipeline as stated
in the Eagle Comprehensive Plan.
5. Construct a pathway on Dry Creek canal to comply with the Eagle
Comprehensive Plan standards. (#5 revised in order to clarify)
ALL AYE: MOTION CARRIED.
Findings of Fact and Conclusions of Law/Van Engelen Estates #2.
Moved by BASTIAN and seconded by MASNER to approve the findings and
conclusions as presented. ALL AYE: MOTION CARRIED.
ORDINANCES-RESOLUTIONS:
Moved by BASTIAN and seconded by YZAGUIRRE to dispense with the
three day ruling and to consider Ordinance 255 at this time. ALL
AYE: MOTION CARRIED.
Moved by BASTIAN and seconded by MASNER to adopt Ordinance 255 An
Ordinance zoning certain real property described herein from Ada
County zoning to R4 (RESIDENTIAL DISTRICT) amending the zoning map
of the City of Eagle to reflect said change; and providing an
effective date. ALL AYE: I~0TION CARRIED.
Resolution 1-95 - Fair Housing; Resolution 2-95 - Residential Anti-
Displacement & Relocation Assistance Plan; Resolution 3-95 -
Citizens Participation Plan: Moved by BASTIAN and seconded by
M2kSNER to approve the three resolutions as presented. ALL AYE:
MOTION CARRIED.
CO~ITTEE REPORTS:
MAYOR'S REPORT: The Mayor ask for a motion regarding Canterbury
Estates request for a non development agreement. Moved by MASNER
and seconded by YZAGUIRRE to authorize the City Attorney to
negotiate a non-development agreement on Canterbury Estates
Subdivision. ALL AYE: MOTION CARRIED.
Mayor GUERBER introduced the letter of appreciation he is sending
to Ken Smith, retired Chairman of the Eagle Planning and Zoning
Commission.
Senior Citizens: Moved by YZAGUIRRE and seconded by MASNER to
approve the senior block grant proposal and funds and to authorize
the Mayor to execute the proposal for a senior block grant through
the City of Eagle for construction of lights and sidewalks. ALL
AYE: MOTION CARRIED.
ATTORNEY'S REPORT: Brighton, Wintry River (Feb 1st court date).
CITY CLERK: Discussion regarding the Subdivision Standard
Conditions, specifically #18, resulted in an a continuation of the
issue until the next Council meeting. The City Attorney and City
Engineer will discuss this issue and bring a proposal back to
Council.
CLAIMS AGAINST THE CITY: Moved by BASTIAN and seconded by YZAGUIRRE
to approve the claims as presented. ALL AYE: MOTION CARRIED.
There being no fu:
Ret
BARBARA
EAGLE CITY
the meeting adjourned at 9:40 p.m.
MAYOR STEVE GUERBER