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Minutes - 1996 - City Council - 02/13/1996 - RegularEAGLE CITY COUNCIL ~EETING February 13,1996 Pre Council: Ada County Sheriff: Lt. Woodcook briefed the Council on the Eagle Law Enforcement status in Eagle. P&Z Report: Mary Berent The Eagle City Council met in regular session on February 13, 1996. Mayor BOWER presiding. The following members were present: RICK YZAGUIRRE, STAN BASTIAN, MORGAN MASNER. Absent: NANCY MERRILL Moved by MASNER and seconded by YZAGUIRRE to approve the minutes of the January 23, 1996 meeting as presented. ALL AYE: MOTION CARRIED. Moved by MASNER and seconded by YZAGUIRRE to add to the agenda under Unfinished Business, Item C.,Council meeting adjournment as a report item. MOTION WAS DECLARED OUT OF ORDER. UNFINISHED BUSINESS: ORDINANCE 270-Notice for Land Use Actions: (continued) This matter was continued from January 23 in order to give staff time to make recommendations regarding the size and hardship to Council. Moved by MASNER and seconded by BASTIAN to return this to P&Z for further review as the changes constitute material changes. ALL AYE: MOTION CARRIED. RESOLUTION 6-95-Distribution List: Moved by MASNER and seconded by YZAGUIRRE to continue this item to the next Council agenda in order for the Council to have time to review. ALL AYE: MOTION CARRIED. OLD BUSINESS: ECHOHAWK CONDITIONS OF APPROVAL - Clarification of fence issue, height, and materials for fencing: Hike Kauffman addressed the issues to the Council. He indicated that John Fulton is no longer associated with the project. He understands one of the conditions was ITD approval on screening. He doesn't think ITD will do anything about the conditions of approval but will make recommendations. Hasner suggested a temporary wood fence with the knowledge that it is only temporary and will have to be replaced with a block wall on the east side. The ITD guidelines indicate a 10 ft. screening mechanism. The width and height should be taken up with the City Clerk and ironed out. Moved MASNER and seconded by YZAGUIRRE that the Council allow Hr. Kauffman to make application for a modification of the subdivision approval. ALL AYE: MOTION CARRIED. The fence on the North side, Floating Feather Rd, is to be discussed with the City Clerk. Hr. Kauffman also presented a layout for the park site and asked if there was a problem with the layout, the park site and amenities. He was advised to visit with the City Clerk regarding that also. Moved by YZAGUIRRE and seconded by MASNER to suspend the rules and declare the Council meeting end at 10:30 p.m. ALL AYE: MOTION CARRIED. Moved by YZAGUIRRE and seconded by MASNER to carry the remainder of the agenda at the next Council meeting. ALL AYE: VOICE VOTE UNANIMOUS - MOTION CARRIED. NEW BUSINESS: Ada County Transmittal 96-2-CU/Sally Miller - CUP for accessory building, barn, on Osprey Rd. Dick Chaney, representative, addressed the use. The barn is specifically for vehicle storage. Moved by YZAGUIRRE and seconded by MASNER to approve the transmittal as presented. ALL AYE: MOTION CARRIED. Ada County Transmittal 96-5-CU/McKee - CUP accessory use as a barn. The County did not indicate that it will also be an entertainment center for barbecues and concerts. The City has received testimony in support of the application from Dan and Cynthia Weatherbie, Gene Breski, Lloyd Gerber, Lou Christensen, Cindy and Neal Payne, Garry and Lynda Behunin, Jeffery and Melanie Hall. In opposition: Cathleen Lusk. Eagle did receive a transmittal from the Eagle Fire District outlining the requirements. Lynn HcKee, the applicant, addressed the issue. The musical activities has been a part of their life for a number of years. People ask for musical entertainment combined with a barbecue. They have done this for a number of years, on the site, with a flatbed. The barn is for agricultural purposes combined with this activity. The buildings can hold about 150 people maximum. They were questioned on the number of activities during the year and parking. They use the hay field for the parking and estimate about 60 cars. Moved by BASTIAN and seconded by YZAGUIRRE to approve the transmittal as presented. He sited that the conditions of approval in the Ada County Code 8-15-1, are being complied with and urged the Council to vote in favor of this transmittal. Hr. Bastian was asked if consideration of an amendment with limitations might be in order? The motion stands. BASTIAN asked for a vote on the motion as submitted. BASTIAN. NAY: YZAGUIRRE, MASNER. THE MOTION FAILS. AYE: No motion to recommend denial was presented. Moved by BASTIAN and seconded by MASNER to adjourn for 5 minutes. ALL AYE: MOTION CARRIED. LEXINGTON HILLS SUBDIVISION - PHASE 9 AND 10 Final Plat: ~9 and ~10 are located on the northwest end of Lexington Hills. There are 27 lots in phase 9 and 26 lots in phase 10. There are 4 common lots between them. Dave Roylance addressed the application. This is a continuation of the approval process for the preliminary plat of Lexington Hills. Moved by MASNER and seconded by YZAGUIRRE to approve the final plat with the following conditions: 1. An Indemnification Agreement being executed by the owners of Lexington. 2. Phase have a letter from sewer district guaranteeing sewer service. 3. Irrigation and water system plans submitted for engineer review. MOTION WITHDRAWN. Moved by YZAGUIRRE and seconded by MASNER to approve the final plat for Lexington Hills Phase 9 and 10 with the following conditions: 1. Standard Conditions. 2. Indemnification Agreement executed. 3. Irrigation and water system plans submitted for engineer review. ALL AYE: MOTION CARRIED. FAIRWAY VIEW - AMENDED PLAT: Dave Roylance, project engineer, explained why the plat should be amended. When the pins were set the people building homes also built fences. Now in order to have the fences on the proper lot they need to move the lot lines due to the widening of the road. The dimensions exceed code on the lots. They could do lot line adjustments but this way is cleaner and takes care of it all at once. The City Attorney, Mona Mack, cited Title 50, Chapter 13, which defines an amended plat as a public hearing process. This issue is not properly before the Council. Moved by MASNER and seconded by BASTIAN to table this issue and hear it only as a public hearing. ALL AYE: MOTION CARRIED. GUHO-LOT LINE ADJUSTMENT: Moved by MASNER and seconded by BASTIAN to approve the lot line adjustment as proposed. ALL AYE: MOTION CARRIED. WEST ADA EXPRESS-REQUEST OFFICAL NEWSPAPER: Pat Casey wrote a letter to the City asking not to be on the agenda. This will not be discussed. CONTRACTS: Daunt Whitman submitted a revised contract for the City Council to review. The City Attorney pointed out that there may be an employee vs. person under contract here. Eagle should have a statement in the contract that in the event if the building inspector position was determined to be one of an employee that the inspector will submit the money to the City to cover taxes. Moved by BASTIAN and seconded by YZAGUIRRE to continue this item to the next meeting for Daunt to consider what has been discussed tonight about taxes. ALL AYE: MOTION CARRIED. REPORTS: continued until the next meeting. CLAIMS AGAINST THE CITY: Moved by YZAGUIRRE and seconded by MASNER to approve the claims as presented. ALL AYE: MOTION CARRIED. Moved by MASNER and seconded by YZAGUIRRE that there being no further business the meeting adjourn. ALL AYE: MOTION CARRIED. The time is 10:30 p.m. Respectfully submitted: BARBARA MONTGOMERY EAGLE CITY CLERK APPROVED: MAYOR CHARLES A. BOWER